[Senate Report 112-153]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 312
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-153

======================================================================



 
              VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT 
                                OF 2011

                                _______
                                

                 March 12, 2012.--Ordered to be printed

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 1925]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1925), to reauthorize and improve the Violence Against 
Women Act of 1994, and for other purposes, having considered 
the same, reports favorably thereon, with amendments, and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Violence Against Women 
     Reauthorization Act of 2011......................................1
 II. History of the Bill and Committee Consideration.................15
III. Section-by-Section Summary of the Bill..........................19
 IV. Congressional Budget Office Cost Estimate.......................35
  V. Regulatory Impact Evaluation....................................35
 VI. Conclusion......................................................35
VII. Minority Views..................................................36
VIII.Changes to Existing Law Made by the Bill, as Reported...........57


I. Background and Purpose of the Violence Against Women Reauthorization 
                              Act of 2011


                             A. BACKGROUND

    Over the last 18 years, the Violence Against Women Act 
(VAWA) has provided life-saving assistance to hundreds of 
thousands of women, men, and children. Originally passed by 
Congress in 1994 as part of the Violent Crime Control and Law 
Enforcement Act of 1994, this landmark, bipartisan legislation 
was a response to the prevalence of domestic and sexual 
violence and the significant impact of such violence in the 
lives of women. The legislation offered a comprehensive 
approach to reducing this violence and marked a national 
commitment to reverse the legacy of laws and social norms that 
served to excuse, and even justify, violence against women. The 
Violence Against Women Reauthorization Act of 2011 renews that 
commitment and further strengthens our national efforts to stop 
domestic violence, dating violence, sexual assault, and 
stalking in all their forms.
    Championed by then-Senator Joseph Biden and Senator Orrin 
Hatch, the original Violence Against Women Act was supported by 
a broad coalition of experts and advocates including law 
enforcement officers, prosecutors, judges, victim service 
providers, faith leaders, health care professionals, and 
survivors. The law has been reauthorized twice--in 2000 and 
2005--with unanimous Senate approval and overwhelming support 
from States and local communities.
    With each reauthorization, VAWA has been improved in 
meaningful ways to reflect a growing understanding of how best 
to meet the varied and changing needs of survivors. Among other 
significant changes, the reauthorization of VAWA in 2000 
improved the law with respect to the needs of battered 
immigrants, older victims, and victims with disabilities. In 
2005, the reauthorization included a new title to address the 
epidemic of violence experienced by Native American and Alaska 
Native women. It placed an emphasis on providing access to 
services for victims of underserved groups. Both 
reauthorizations created new programs and extended protections 
to additional victims. They both strengthened victim services 
and enhanced judicial and law enforcement tools to combat 
domestic violence, dating violence, sexual assault, and 
stalking.
    The impact of the Violence Against Women Act has been 
remarkable. The law's emphasis on a coordinated community 
response--which brings together law enforcement, the courts, 
and victim services--resulted in a paradigm shift in the way 
communities address violence against women. The Act improved 
the criminal justice system's ability to keep victims safe and 
hold perpetrators accountable. It provided victims with 
critical services such as transitional housing, legal 
assistance, and supervised visitation services. As a result of 
this historic legislation, every State enacted laws to make 
stalking a crime and to strengthen criminal rape statutes, and 
the annual incidence of domestic violence has decreased by 53 
percent.\1\
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    \1\Shannan Catalano, et al., Female Victims of Violence, U.S. 
Department of Justice, Bureau of Justice Statistics (September 2009), 
retrieved from http://www.ojp.usdoj.gov/bjs/intimate/ipv.htm. (Decrease 
is based on data collected between 1993 and 2008).
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    Even with this progress, however, domestic and sexual 
violence remain a significant and widespread problem. According 
to the recent National Intimate Partner and Sexual Violence 
Survey conducted by the Centers for Disease Control and 
Prevention, 24 people per minute are victims of rape, physical 
violence, or stalking by an intimate partner in the United 
States.\2\ Over the course of a year, that equals more than 12 
million women and men. Nearly one in five women and one in 71 
men have been raped in their lifetime.\3\ Nearly one in four 
women and one in seven men report experiencing severe physical 
violence by an intimate partner,\4\ and 45 percent of the women 
killed in the United States die at the hands of an intimate 
partner.\5\
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    \2\National Intimate Partner and Sexual Violence Survey, Centers 
for Disease Control and Prevention (December 2011), retrieved from 
http://www.cdc.gov/ViolencePrevention/pdf/NISVS_ Report2010-a.pdf 
(hereafter, NISVS survey).
    \3\NISVS survey, supra note 2.
    \4\Id.
    \5\Catalano, et al., Female Victims of Violence, supra note 1.
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    Some racial and ethnic minority communities experience much 
higher rates of violence than the general population, 
particularly women who identify as multiracial non-Hispanic or 
American Indian/Alaska Native. Approximately half of all women 
who identified as multiracial or Native American have been 
victims of domestic violence, compared to one-third of white 
women. One in three Native American and multiracial women has 
been raped, compared to one in four white women.\6\ In 2007, 
black women were four times more likely than white women to be 
murdered by a boyfriend or girlfriend and twice as likely to be 
killed by a spouse.\7\
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    \6\NISVS survey, supra note 2.
    \7\Catalano, et al., Female Victims of Violence, supra note 1.
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                  B. KEY PROVISIONS OF THE LEGISLATION

    The Violence Against Women Reauthorization Act of 2011, 
like the two prior reauthorizations, builds on the success of 
existing law and seeks to address remaining unmet needs. The 
changes proposed in S. 1925 are the result of substantial input 
from professionals working with the survivors of domestic and 
sexual violence around the country, including law enforcement 
officers, victim service providers, judges, and health care 
professionals.
    In developing S. 1925, the Committee majority worked to 
continue the tradition of strong bipartisan support for the 
Violence Against Women Act. The bill was introduced with a 
Republican original cosponsor, and additional Republican 
cosponsors joined soon after. These cosponsors were involved in 
extensive discussions about the content of the bill in the 
months preceding and following its introduction, and their 
input contributed significantly to the bill. The Committee 
majority also made significant efforts to work with the 
Committee minority to reach consensus on the bill.\8\ As with 
previous reauthorizations, the Committee also worked closely 
with the Committee on Health, Education, Labor, Pensions; the 
Committee on Indian Affairs; the Committee on Finance; and the 
Committee on Banking, Housing and Urban Affairs to develop 
sections of the bill relevant to their jurisdiction.
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    \8\Contrary to the assertions in the Minority Views of Senators 
Grassley, Hatch, Kyl, and Cornyn, Senator Leahy's outreach to the 
Committee minority about this bill was sustained and substantive. The 
Chairman's staff met with Committee minority staff repeatedly before 
introduction of the bill and provided minority staff with draft 
legislative language more than a month before the bill was introduced. 
The introduced bill included several major changes from the circulated 
draft to address concerns raised by the minority, including, among 
others, removal of a provision that incorporated guidance from the 
Department of Education on standards of proof in university 
disciplinary proceedings. The bill also included accountability 
provisions very similar to those proposed by Senator Grassley for the 
Trafficking Victims Protection Reauthorization Act and the Second 
Chance Reauthorization Act.
    The Chairman's outreach continued after introduction of S. 1925. 
The Chairman's staff continued to meet repeatedly with Committee 
minority staff to discuss the bill. The substitute amendment adopted by 
the Committee at the Judiciary Committee's Executive Business meeting 
on February 2, 2012, included several additional significant 
modifications requested by Republican Senators. Those included the 
elimination of many significant provisions intended to assist immigrant 
victims of domestic and sexual violence to which members of the 
Committee minority raised objections, modifications of grant conditions 
to address concerns, limits on enforcement of a non-discrimination 
provision, and modification of the definition of ``rural state'' to 
ensure that states represented by several members of the Committee 
minority would be included. Senator Grassley recognized the work that 
the Committee majority and minority did together on S. 1925, saying in 
the Committee's Executive Business Meeting on January 26, 2012, ``Now, 
I have to compliment the Chairman that in some areas there has been 
agreement reached, and I want to thank the Chairman for that agreement 
that has been reached.'' Transcript at 6-7.
    During these extensive meetings and conversations, the Committee 
minority did not at any time provide the Committee majority with any 
suggested language or alternative provisions to address concerns prior 
to circulating its own complete substitute amendment, consisting of 171 
pages, the evening before the Executive Business Meeting at which the 
Committee considered the bill. Republican Committee members and staff 
did not even mention the strong opposition to S. 1925's tribal 
provisions expressed in the Minority Views prior to the February 2, 
2012 Executive Business meeting. Several questions about drafting were 
raised, and answered, but no major concerns were expressed about those 
provisions in the many preceding staff discussions.
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    In addition to strengthening key programs as highlighted 
below, S. 1925 is responsive to the current economic climate. 
It consolidates 13 programs into only four in an effort to 
reduce duplication and bureaucratic barriers for grantees. This 
consolidation will allow the Federal Government to streamline 
application and administrative processes to make grant 
management more efficient. It also cuts the authorization level 
for VAWA by more than $135 million a year ($682.5 million over 
the authorization period), which amounts to a decrease of 17 
percent from the 2005 reauthorization. The authorization levels 
for each existing VAWA-funded grant program will either 
decrease or remain flat. No program receives an increase in 
authorization levels, and the legislation creates only one new 
program, which will support tribal efforts to combat domestic 
violence and is authorized at $5 million.
    Among the most significant changes proposed by S.1925 is an 
increased emphasis on preventing and responding to sexual 
assault. Although sexual assault has been one of the core 
crimes addressed by VAWA since its passage in 1994, its 
incidence has remained remarkably high. Yet, reporting, 
prosecution, and conviction rates for sexual assault are among 
the lowest for any violent crime. In recognition of this 
ongoing problem, the reauthorization includes new purpose areas 
in several grant programs that are more directly responsive to 
the needs of sexual assault survivors. It includes training to 
strengthen the law enforcement and forensic response to these 
crimes in order to build strong cases that result in 
convictions. Finally, it encourages jurisdictions to evaluate 
their rape kit inventory and reduce existing backlogs.
    The legislation as reported also adds a new requirement 
that at least 20 percent of funds from the STOP (Services, 
Training, Officers, and Prosecutors) Violence Against Women 
Formula Grant program and 25 percent of funds from the Grants 
to Encourage Arrest Policies and Enforce Protection Orders 
(Arrest) program be directed to programs that meaningfully 
address the problem of sexual assault. The Committee, in 
acknowledgement of the administrative adjustments that States 
may need to make to meet this new requirement, has provided a 
two-year phase-in period to comply. Furthermore, the Committee 
urges the Department of Justice to consider the circumstances 
faced by individual States, such as frontier States with widely 
dispersed populations, rural States, or States with other 
unique challenges in implementing this new provision.
    Another significant aspect of this reauthorization is the 
continued effort to meet the needs of victims from communities 
who have difficulty accessing traditional services. A core 
principle of the original Violence Against Women Act was to 
make law enforcement, courts, and communities more responsive 
to the needs of domestic and sexual violence survivors who had 
long been neglected in the criminal justice system. The 
intimate nature of these crimes means that services may be more 
effective if they take into consideration the specific cultural 
traditions of the victim. Each VAWA reauthorization has 
included modifications to improve these efforts and more 
effectively address remaining unmet needs.
    Among the steps taken in this reauthorization are changes 
to the definitions of ``culturally specific services,'' 
``population specific services,'' and ``underserved 
populations.'' These new definitions, applied through purpose 
areas and targeted funding streams throughout VAWA, will help 
to ensure that VAWA-funded programs provide a wider variety of 
services that address the needs of a diverse population of 
victims, including battered immigrants, racial, ethnic and 
religious minorities, and lesbian and gay victims. These 
updates are crucial in part because studies indicate that women 
of color are reluctant to turn to traditional domestic violence 
programs, and culturally specific programming may be more 
effective in meeting their needs. A recent National Institute 
of Justice study found that women of color may be less likely 
to receive all the services they need.\9\ Just three out of 10 
African American and Asian American women reported that their 
need to ``talk to someone who understands my situation'' was 
fully met, compared to eight out of 10 white women.
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    \9\Lyon, E., Bradshaw, J. & Menard, A., Meeting Survivors' Needs 
Through Non-residential Domestic Violence Services & Supports: Results 
of a Multi-state Study. University of Connecticut School of Social Work 
and National Resource Center on Domestic Violence (November 2011), at 
108, retrieved from https://www.ncjrs.gov/pdffiles1/nij/grants/
237328.pdf.
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    This legislation builds on the efforts of previous 
reauthorizations to better address the needs of male victims of 
domestic and sexual violence. While VAWA's focus on violence 
against women appropriately reflects the disproportionate 
number of women who experience severe forms of domestic and 
sexual violence, and the disproportionately severe effects 
often confronted by female victims, men are also victims of 
these crimes. One specific change in this area is the 
clarification that STOP formula funds may be used for programs 
aimed at supporting victims who have had difficulty accessing 
traditional services because of their sexual orientation or 
gender identity. Programs which primarily serve gay men, for 
example, have been denied access to STOP funding in the past 
because they do not predominantly address violence against 
women. The legislation also creates a new purpose area in STOP 
to allow funding to be used to support victims of sexual 
violence in prison, many of whom are men.
    Senators Grassley, Hatch, Kyl, and Cornyn write in their 
Minority Views that the new provisions to ensure that services 
are available to all victims regardless of sexual orientation 
or gender identity are ``a solution in search of a problem'' 
and that more study is needed to determine whether additional 
access to services is needed. In fact, the experts and service 
providers who work with victims every day have made clear that 
access to services because of sexual orientation or gender 
identity is a real and significant problem, and research backs 
up their position.
    Studies have shown that lesbian, gay, bisexual, and 
transgendered victims experience domestic violence in 25-33 
percent of relationships--the same rate as in the general 
population.\10\ Recent studies show that these victims face 
obstacles when accessing services, however. For example, 45 
percent of lesbian, gay, bisexual and transgendered victims 
were turned away when they sought help from a domestic violence 
shelter, according to a 2010 survey, and nearly 55 percent of 
those who sought protection orders were denied them.\11\ A 2010 
study found that many victim services providers lack services 
specific to lesbian, gay, bisexual, and transgender victims and 
have not received training in how to work with these 
victims.\12\ Specialized services are particularly important 
for this population because reporting rates and prosecution 
rates are very low.\13\
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    \10\Why It Matters: Rethinking Victim Assistance for Lesbian, Gay, 
Bisexual, Transgender, and Queer Victims of Hate Violence & Intimate 
Partner Violence, National Center for Victims of Crime and National 
Coalition of Anti-Violence Programs (2010), at 5, retrieved from: 
http://www.avp.org/documents/WhyItMatters.pdf.
    \11\Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected 
Intimate Partner Violence, National Coalition of Anti-Violence Programs 
(2010), at 27-28, retrieved from: http://www.avp.org/documents/
IPVReportfull-web.pdf.
    \12\Why It Matters, at 10-12, supra note 10.
    \13\The National Coalition of Anti-Violence Programs found in 2010 
that only 7.1 percent of lesbian, gay, bisexual, and transgender 
victims called police in cases of domestic violence and that, in almost 
30 percent of those cases, no arrest was made, with wrongful arrests 
made in many other cases. Lesbian, Gay, Bisexual, Transgender, Queer 
and HIV-Affected Intimate Partner Violence, at 31.
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    Personal stories provided by victims of domestic and sexual 
violence make clear the need for access to services even more 
powerfully than statistics can. For instance, in one example 
provided by the Human Rights Campaign with personally 
identifiable information removed to protect the victim, Victor, 
a gay man, was abused by his partner, who on one occasion 
threatened to stab him with a screwdriver and on another 
wrapped a heavy chain around his fist and hit Victor in the 
face. Victor called the police, who said, ``What would you like 
us to do? You're both male.'' He called a domestic violence 
hotline, but the person he spoke to on the hotline did not 
believe he was truly a victim and implied that he must be 
abusing his partner because he is male. In another case, Julie, 
a lesbian woman, was abused so severely that she was 
hospitalized and almost died from internal injuries. However, 
when she called a domestic violence hotline, the person she 
spoke to would not acknowledge that her partner was female. 
When she reached out to the facilitator of a support group for 
domestic violence victims, she was told that she would not 
``fit in'' with the other group members, who were heterosexual. 
She went to a shelter but had to leave because other residents 
were so intolerant.\14\ Other similar stories reinforce the 
reality that the studies and findings above make clear--there 
is a significant need for services for victims of domestic and 
sexual violence who are gay, lesbian, bisexual, and 
transgender.
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    \14\See Appendix, Violence Against Women Reauthorization Act of 
2011: LGBT Stories of Discrimination, Human Rights Campaign (2012).
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    These studies and examples demonstrate that action is 
needed to ensure that services are available for a vulnerable 
group of victims. The suggestion that a separate legislatively 
mandated study is required before responding to this need does 
not withstand scrutiny. In past reauthorizations of VAWA, the 
Act's programs have been expanded to address the needs of 
various communities, including older victims, youth, and rural 
communities, among others. Congress accepted the data and 
expert conclusions supporting the need for these programs and 
did not demand that new studies be commissioned and new 
obstacles overcome before services were provided to these 
important communities of victims. To demand more or different 
requirements before accepting very modest measures to ensure 
that services are available to another community in need would 
simply be unfair.
    The legislation provides a uniform nondiscrimination 
provision that applies to all grant programs funded under VAWA. 
Currently, there are several different nondiscrimination 
protections that apply to VAWA programs due to the various 
statutes under which the grants were authorized. Some programs 
are authorized in the Omnibus Crime Control and Safe Streets 
Act of 1968, which contains its own nondiscrimination 
provision. Other VAWA programs are covered by Title VI of the 
Civil Rights Act of 1964, which is less expansive in terms of 
the classes of individuals that are protected from 
discrimination. This patchwork approach has caused confusion 
among grantees and does not guarantee adequate protection for 
all victims. By establishing a single nondiscrimination 
provision as a universal grant condition, S. 1925 will provide 
uniform protection to ensure that victims are not denied 
services on the basis of race, color, religion, national 
origin, sex, gender identity, sexual orientation, or 
disability. This provision is meant to codify and ensure 
consistency in civil rights protections among programs funded 
under VAWA.\15\ Although the new civil rights grant provision 
lists ``gender identity'' as a separate protected class, 
nothing in this bill is intended to undermine protections that 
transgender victims of discrimination already enjoy under 
existing guarantees against discrimination on the basis of sex.
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    \15\As Senators Grassley, Hatch, Kyl, and Cornyn point out, this 
provision adds new protections in addition to ensuring consistency 
among the different VAWA programs. Ensuring that services be provided 
regardless of sexual orientation or gender identity is necessary 
because of the difficulties in accessing services documented above. 
These categories are not new to Federal civil rights protection, 
however. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention 
Act, which was signed into law on October 28, 2009 as part of Public 
Law 111-84, extended the Federal hate crimes law to the same classes of 
victims. That law has been an important and successful addition to 
Federal civil rights enforcement and is similar to the goal of stemming 
physical violence against these vulnerable communities.
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    Another significant focus of this reauthorization of VAWA 
is the crisis of violence against women in tribal communities. 
These women face rates of domestic violence and sexual assault 
far higher than the national average. A regional survey 
conducted by University of Oklahoma researchers showed that 
nearly three out of five Native American women had been 
assaulted by their spouses or intimate partners,\16\ and a 
nationwide survey found that one third of all American Indian 
women will be raped during their lifetimes.\17\ A study funded 
by the National Institute of Justice found that, on some 
reservations, Native American women are murdered at a rate more 
than ten times the national average.\18\
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    \16\Lorraine Halinka Malcoe, et al., Socioeconomic Disparities in 
Intimate Partner Violence Against Native American Women: A Cross-
Sectional Study, BMC Medicine (May 2004), retrieved from http://
www.biomedcentral.com/1741-7015/2/20.
    \17\Patricia Tjaden, et al., Extent, Nature, and Consequences of 
Rape Victimization: Findings from the National Violence Against Women 
Survey, Special Report of the National Institute of Justice and the 
Centers for Disease Control and Prevention (January 2006), retrieved 
from https://www.ncjrs.gov/pdffiles1/nij/210346.pdf.
    \18\Ronet Bachman, et al., Violence Against American Indian and 
Alaska Native Women and the Criminal Justice Response: What is Known 
(2008), retrieved from http://www.ncjrs.gov/pdffiles1/nij/grants/
223691.pdf.
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    This legislation bolsters existing efforts to confront the 
ongoing epidemic of violence on tribal land by expanding 
Federal law enforcement tools and recognizing limited 
concurrent tribal jurisdiction to investigate, prosecute, 
convict, and sentence non-Indian persons who assault Indian 
spouses, intimate partners, or dating partners, or who violate 
protections orders, in Indian country. This new provision 
furthers the community-coordinated response model which has 
been critical to VAWA's success by recognizing that tribal 
nations may be best able to address violence in their own 
communities. Neither the United States nor any State would lose 
any criminal jurisdiction as a result.
    The Minority Views of Senators Grassley, Hatch, Kyl and 
Cornyn express concern that consideration of the new tribal 
provisions, particularly the narrow jurisdictional expansion in 
section 904, has been cursory. They also vigorously oppose the 
substance of these provisions. These concerns were unexpected 
because these offices raised no objections about the provisions 
during the months of discussions and bipartisan negotiations 
that took place about the legislative text before the bill 
moved through the Committee. Nevertheless, the Committee 
welcomes the opportunity to provide a more expansive 
explanation of the reasoning behind these provisions and the 
substantial consideration they have received.
    As the Minority Views of Senators Kyl, Hatch, Sessions and 
Coburn acknowledge, sections 904 and 905 of this bill are taken 
almost entirely from S. 1763, the Stand Against Violence and 
Empower Native Women Act (the SAVE Native Women Act), which is 
based on a Department of Justice proposal submitted to Congress 
on July 21, 2011 in anticipation of the reauthorization of the 
Violence Against Women Act.\19\ That proposal was the product 
of extensive multi-year consultations with tribal leaders about 
public safety generally and violence against women 
specifically,\20\ and built on years of previous work 
developing the Tribal Law and Order Act, which became law in 
2010. The Senate Committee on Indian Affairs held a hearing on 
the proposal on July 14, 2011,\21\ and incorporated it into 
draft legislation which was widely circulated throughout August 
and posted on that Committee's website. Senator Akaka, Chairman 
of the Indian Affairs Committee, modified the draft in response 
to feedback and introduced the SAVE Native Women Act on October 
31, 2011. The bill was referred to that Committee for further 
action, and it held a hearing on November 10, 2011 to further 
review and evaluate the legislation.\22\ The Indian Affairs 
Committee reported the bill on December 8, 2011, on a voice 
vote with bipartisan support.
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    \19\See Appendix, July 21, 2011 letter and attached legislative 
proposals from Ronald Weich to Joseph Biden, President of the Senate, 
and John Boehner, Speaker of the House, asking Congress to consider 
``proposals to address the epidemic of domestic violence against Native 
women.''
    \20\Consistent with Executive Order 13175 and President Obama's 
November 5, 2009 Memorandum on tribal consultation, the Department of 
Justice convened tribal consultations in 2009, 2010 and 2011 to discuss 
public safety and violence against women on tribal land.
    \21\Native Women: Protecting, Shielding, and Safeguarding Our 
Sisters, Mothers, and Daughters, before the Senate Comm. on Indian 
Affairs, 112th Cong. (2011), available at http://www.indian.senate.gov/
hearings/hearing.cfm?hearingID=3d9031b47812de2592c3baeba618e2eb.
    \22\Legislative Hearing on S. 1763, the SAVE Native Women Act, 
before the Senate Comm. on Indian Affairs, 112th Cong. (2011), 
available at http://www.indian.senate.gov/hearings/
hearing.cfm?hearingID=9b6937d5e931a0b792d258d9b32cc1c2.
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    Responding to the crisis of violence against Native women 
has been a core principle of VAWA from its inception, and 
significant strides have been made in combating domestic 
violence in Indian country committed by Indian men. 
Unfortunately, much of the violence against Indian women is 
perpetrated by non-Indian men. According to Census Bureau data, 
well over 50 percent of all Native American women are married 
to non-Indian men, and thousands of others are in intimate 
relationships with non-Indians. Tribes do not currently have 
the authority to prosecute non-Indian offenders even though 
they live on Indian land with Native women. Prosecuting these 
crimes is left largely to Federal law enforcement officials who 
may be hours away and are often without the tools or resources 
needed to appropriately respond to domestic violence crimes 
while also addressing large-scale drug trafficking, organized 
crime, and terrorism cases. As a result, non-Indian offenders 
regularly go unpunished, and their violence continues. Domestic 
violence is often an escalating problem, and currently, minor 
and mid-level offenses are not addressed, with Federal 
authorities only able to step in when violence has reached 
catastrophic levels. This leaves victims tremendously 
vulnerable and contributes to the epidemic of violence against 
Native women.
    The Committee seeks to address this specific jurisdictional 
gap by incorporating a provision almost identical to section 
201 of the SAVE Native Women Act into this reauthorization of 
VAWA.\23\ That provision provides tribes special domestic-
violence criminal jurisdiction to hold non-Indian offenders 
accountable in very limited circumstances. First, it extends 
only to the crimes of domestic violence, dating violence, and 
violations of protection orders that are committed in Indian 
country. Second, it covers only those non-Indians with 
significant ties to the prosecuting tribe: those who reside in 
the Indian country of the prosecuting tribe, are employed in 
the Indian country of the prosecuting tribe, or are either the 
spouse or intimate partner of a member of the prosecuting 
tribe. The jurisdiction does not cover non-Indians who commit 
any offense other than domestic violence, dating violence, or 
violation of a protection order, and it only covers those 
offenses when they occur in Indian country and the defendant 
has a significant connection to the tribe. General crimes of 
violence by non-Indians, crimes between two non-Indians, or 
crimes between persons with no ties to the tribe are not 
covered. Although an important change from the current limit on 
tribal authority, this jurisdictional expansion is narrowly 
crafted and satisfies a clearly identified need.
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    \23\The Minority Views submitted by Senators Grassley, Hatch, Kyl, 
and Cornyn erroneously suggest that it is not within Congress's power 
to authorize tribal jurisdiction over non-Indians. To the contrary, the 
Supreme Court has indicated that Congress has the power to recognize 
and thus restore tribes' ``inherent power'' to exercise criminal 
jurisdiction over all Indians and non-Indians. In Oliphant v. Suquamish 
Indian Tribe, 435 U.S. 191 (1978), the Court suggested that Congress 
has the constitutional authority to decide whether Indian tribes should 
be authorized to try and to punish non-Indians. See 435 U.S. at 206-12; 
id. at 212 (stating that the increasing sophistication of tribal court 
systems, the Indian Civil Rights Act's protection of defendants' 
procedural rights, and the prevalence of non-Indian crime in Indian 
country are all ``considerations for Congress to weigh in deciding 
whether Indian tribes should finally be authorized to try non-
Indians''). In United States v. Lara, 541 U.S. 193 (2004), which 
involved tribal criminal jurisdiction over an Indian who was not a 
member of the tribe that prosecuted him (a ``non-member Indian''), the 
Court held that Congress has the constitutional power to relax 
restrictions that have been imposed on the tribes' inherent 
prosecutorial authority. See 541 U.S. at 196, 207; id. at 210 (holding 
that ``the Constitution authorizes Congress to permit tribes, as an 
exercise of their inherent tribal authority, to prosecute non-member 
Indians''); id. at 205 (refusing to ``second-guess the political 
branches' own determinations'' about ``the metes and bounds of tribal 
autonomy'').
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    Moreover, this additional tribal authority is only 
available to those tribes that guarantee protections for the 
rights of defendants.\24\ Similar to the approach taken in the 
Tribal Law and Order Act, tribes would be required to protect 
effectively the same Constitutional rights as guaranteed in 
State court criminal proceedings. Rather than finding their 
basis in the Constitution, these rights are guaranteed through 
the Indian Civil Rights Act of 1968, as amended in 1986 and 
1990, and through the Tribal Law and Order Act. Those statutes 
protect individual liberties and constrain the power of tribal 
governments in much the same ways that the Constitution limits 
the powers of Federal and State governments.\25\ As applied in 
this legislation, they include, but are not limited to, the 
right to effective assistance of counsel at least equal to that 
guaranteed by the Constitution; the right of an indigent 
defendant to the assistance of a licensed defense attorney at 
the tribe's expense; the right against unreasonable search and 
seizures; the right not to be twice put in jeopardy for the 
same offense; the right not to be compelled to testify against 
oneself; the right to a speedy and public trial; the right to 
be informed of the nature and cause of the accusation; the 
right to be confronted with adverse witnesses; the rights 
against excessive bail and fines, and against cruel and unusual 
punishment; the right not to be deprived of liberty or property 
without due process of law; the right to a trial by jury of not 
less than six persons when accused of an offense punishable by 
imprisonment; and the right to petition a Federal court for 
habeas corpus to challenge the legality of one's detention by 
the tribe.
---------------------------------------------------------------------------
    \24\The Minority Views submitted by Senators Grassley, Hatch, Kyl, 
and Cornyn ask, ``On what basis is the majority report confident that 
all tribes are able to provide all defendants with all rights 
guaranteed by the United States Constitution?'' The question suggests a 
misunderstanding of the provision. This additional tribal authority is 
contingent on the ability to provide non-Indian defendants with the 
rights required under law. If a tribe cannot do so, it may not exercise 
this jurisdiction.
    \25\The Minority Views submitted by Senators Kyl, Hatch, Sessions, 
and Coburn question the ability of tribal governments to meaningfully 
protect civil liberties due to their ``racially-exclusive nature'' and 
the absence of separation of powers in some tribal governments. Again, 
the Committee notes that the special domestic violence jurisdiction 
authorized by this legislation is available only to those tribes that 
do provide the required procedural protections. Moreover, many tribes 
have long been recognized to have this capacity. See Oliphant, at 211-
212 (stating ``[w]e recognize that some Indian tribal court systems 
have become increasingly sophisticated and resemble in many respects 
their state counterparts. We also acknowledge that with the passage of 
the Indian Civil Rights Act of 1968, which extends certain basic 
procedural rights to anyone tried in Indian tribal court, many of the 
dangers that might have accompanied the exercise by tribal courts of 
criminal jurisdiction over non-Indians only a few decades ago have 
disappeared'') (emphasis in original). The Committee firmly rejects the 
Minority's view that tribal governments are an ``unsuitable vehicle for 
ensuring the protection of civil rights.''
---------------------------------------------------------------------------
    Fundamentally, section 904 of this reauthorization builds 
on the groundwork laid by Congress in passing the Tribal Law 
and Order Act. That law is based on the premise that tribal 
nations with sufficient resources and authority will be best 
able to address violence in their own communities, and they 
should be allowed to do so when the necessary procedural 
protections are established. Extending that jurisdiction in a 
very narrow set of cases over non-Indians who voluntarily and 
knowingly established significant ties to the tribe is 
consistent with that approach, responsive to the epidemic of 
violence experienced by Native women, and within the authority 
of Congress to do.\26\
---------------------------------------------------------------------------
    \26\Several sets of Minority Views suggest that Federal 
authorities, or even State authorities, should fill this identified gap 
and prosecute domestic violence offenses by non-Indians in Indian 
Country. Based on the extensive record developed by the Senate 
Committee on Indian Affairs and in this report, the Committee concludes 
that allowing cases to be investigated and prosecuted within the 
community using existing infrastructures and resources, with 
appropriate protections, as this legislation does, will be both more 
efficient and more effective than creating a massive new 
infrastructure, moving law enforcement and prosecutors often hours away 
from their current locations, and allocating substantial new resources 
to deal with this significant unmet need.
---------------------------------------------------------------------------
    In addition to the new tribal jurisdiction, the 
reauthorization continues to recognize the meaningful role that 
Federal law enforcement must play in reducing domestic 
violence, sexual assault and stalking in Indian country and 
includes additional tools to enable Federal law enforcement to 
effectively do so. For example, section 906 amends the Federal 
Criminal Code to add a 10-year offense for assaulting a spouse, 
intimate partner, or dating partner by strangling or 
suffocating and a five-year offense for assaulting a spouse, 
intimate partner, or dating partner resulting in substantial 
bodily injury. These changes will enable Federal prosecutors to 
more effectively combat different types of assault frequently 
committed against women in Indian country and to appropriately 
respond to the gradual escalation of seriousness often 
associated with domestic violence offenses.
    Another important tool in reducing violence on tribal land 
is the use of protection orders. Section 905 of the legislation 
is a narrow technical fix to clarify Congress's intent to 
recognize that tribal courts have full civil jurisdiction to 
issue and enforce protection orders involving any person, 
Indian or non-Indian. At least one Federal district court has 
misinterpreted 18 U.S.C. 2265(e) and held that tribes lack 
civil jurisdiction to issue and enforce protection orders 
against certain non-Indians who reside within the reservation. 
That decision erroneously undercut tribal courts' ability to 
protect victims and maintain public safety within their 
communities. Section 905 corrects this error. It does not in 
any way alter, diminish, or expand tribal criminal jurisdiction 
or existing tribal authority to exclude individuals from Indian 
land.\27\ The bill also includes key improvements to VAWA's 
grants to Indian Tribal Coalitions to ensure consistent funding 
to existing and new coalitions that help tribes better respond 
to domestic violence, sexual assault, dating violence, and 
stalking.
---------------------------------------------------------------------------
    \27\The Minority Views of Senators Kyl, Hatch, Sessions, and Coburn 
express concern that this section would ``allow Indian tribes to bar 
non-Indians from residing on their own property, privately held in fee 
simple, when that property is within the outer boundaries of an Indian 
reservation.'' Protection orders, whether they are issued in Federal, 
State, or tribal court, frequently bar an individual from coming within 
a certain distance of a residence that he or she owns and that is 
shared with the person protected by the order. These protection orders 
remain in force for only a limited period of time and do not 
permanently exclude anyone from his or her own property. The Minority 
Views also suggest that the use of the words ``Indian land'' in Section 
905 has the potential to expand tribal exclusion authority. That is not 
correct. The phrase ``Indian land'' already exists in Section 2265(e), 
which recognizes tribal civil jurisdiction to enforce protection orders 
through ``exclusion of violators from Indian lands'' (emphasis added). 
Nothing in S. 1925 would change existing law on this point.
---------------------------------------------------------------------------
    Another significant focus of this legislation is on efforts 
to reduce domestic violence-related homicides. Three women are 
killed every day in the United States by an abusive spouse or 
intimate partner.\28\ Domestic violence often follows a pattern 
of escalation, making these homicides predictable and therefore 
preventable. The legislation adds a new purpose area to several 
grant programs to encourage States and local communities to 
train law enforcement, victim service providers and courts to 
screen victims for the warning signs that often accompany 
escalating violence and provide immediate intervention for 
those at risk. These programs have proven to be very effective. 
For example, the Lethality Assessment Program adopted by 
Maryland has been credited with reducing intimate partner 
homicides by 41 percent.\29\
---------------------------------------------------------------------------
    \28\Shannan Catalano, et al., Female Victims of Violence, supra 
note 1.
    \29\Maryland Network Against Domestic Violence, https://
www.mnadv.org/lethality.html.
---------------------------------------------------------------------------
    The reauthorization also includes improved protections for 
battered immigrants. Since its inception, the Violence Against 
Women Act has incorporated provisions to protect battered 
immigrants whose noncitizen status can make them particularly 
vulnerable to crimes of domestic and sexual violence. The 
abusers of undocumented immigrants often exploit the victims' 
immigration status, leaving the victim afraid to report the 
abuse to law enforcement and fearful of assisting with the 
investigation and prosecution of associated crimes. This 
legislation makes several modest changes to immigration 
protections in current law, including a modification of the U 
visa annual cap. The U visa program, created by the 2000 
reauthorization of VAWA, allows law enforcement officials to 
request up to 10,000 visas each year for victims who are 
helping to investigate and prosecute serious crimes. In the 
past two years, that cap has been reached prior to the end of 
the fiscal year. The Secretary of Homeland Security, as well as 
State, local, and national law enforcement organizations, have 
asked Congress to increase the cap. Rather than a direct 
increase, however, the bill as reported will allow the 
Department of Homeland Security to draw from a pool of 
previously authorized but never used U visas if the annual cap 
is reached in a given fiscal year. In those circumstances, no 
more than 5,000 recaptured U visas may be issued before the 
next fiscal year.\30\ The legislation also adds stalking to the 
list of enumerated crimes for which a U visa is available. 
These improvements are not only essential to law enforcement 
efforts to protect immigrant victims, they are critical public 
safety tools necessary to remove violent offenders from the 
streets before they harm others.\31\
---------------------------------------------------------------------------
    \30\The Minority Views of Senators Grassley, Hatch, Kyl, and Cornyn 
suggest that the U visa process needs to be drastically altered in 
order to prevent fraud. However, they cite no case or study--not even a 
single allegation--where a U visa was obtained fraudulently. The 
integrity of the U visa process is a direct result of the requirement 
in current law, undisturbed by S. 1925, that a U visa can only be 
granted if a law enforcement officer certifies that the victim is, has 
been, or will be helpful in an investigation. The Committee believes 
that the current certification process is a sufficient check on 
fraudulent behavior, because it is incumbent on the law enforcement 
officer to use judgment based on training and experience to determine 
whether a victim is being truthful and cooperative. In contrast, the 
substitute amendment offered by Senator Grassley would have replaced a 
law enforcement officer's informed judgment with an arbitrary 
congressional mandate.
    \31\The Minority Views of Senators Grassley, Hatch, Kyl, and Cornyn 
suggest that the Chairman disregarded testimony and written submissions 
to the Committee describing alleged fraud in the immigration system. In 
fact, Chairman Leahy investigated claims raised by a hearing witness 
and another U.S. citizen who claimed that she had been a victim of 
fraud when her non-U.S. citizen spouse filed a VAWA self-petition. The 
Chairman also investigated more generally the potential for fraud in 
VAWA and U visa applications and the authorities available to the 
Department of Homeland Security (DHS) in investigating fraud. The 
Chairman's investigation confirmed that DHS can rely on virtually any 
evidence that comes to its attention suggesting fraud. For example, the 
Department has authority to investigate information provided by an 
alleged abuser and rely upon it if it can be corroborated. The only 
information that cannot be relied upon by the Government in 
adjudicating a VAWA self-petition is uncorroborated information that 
was obtained solely from the alleged abuser. The Chairman's staff 
discussed these findings with Senator Grassley's staff in December 
2011. The Chairman's staff invited the Ranking Member to present any 
suggestions he might have for improvements to the law. The Chairman's 
staff also offered to schedule a meeting between the Chairman's and 
Ranking Member's offices and DHS to discuss these matters. The meeting 
was scheduled, but a few days before the appointed date, the Committee 
minority staff informed majority staff that it no longer wished to 
participate. The Ranking Member did not offer any suggestions to modify 
current immigration law until the night before the Committee Executive 
Business meeting at which VAWA was debated.
---------------------------------------------------------------------------
    Women between the ages of 16 and 24 suffer from the highest 
rates of dating violence and sexual assault in the country.\32\ 
Therefore, this reauthorization strengthens efforts to reduce 
domestic violence, dating violence, sexual assault, and 
stalking among teenagers and on campuses. The legislation 
creates a new program focused on youth education and community-
based collaboration to prevent domestic violence, dating 
violence, sexual assault, and stalking, which is consolidated 
with existing prevention programs aimed at children exposed to 
violence and engaging men as role models. The legislation also 
updates the Clery Act, which requires colleges and universities 
to provide information about campus security policies and crime 
statistics to students and staff. Changes made in this 
reauthorization require colleges and universities to inform 
their community of the school's policies and procedures related 
to domestic violence, dating violence, sexual assault, and 
stalking. This includes disclosures regarding the disciplinary 
proceedings when alleged offenses are reported, the policies 
and procedures in place to protect and maintain the 
confidentiality of the victim, and the resources available to 
victims of these offenses. The reauthorization also requires 
schools that receive funds under the Grants to Combat Violent 
Crimes on Campus program to, at a minimum: (1) implement a 
coordinated community response both internal to and external to 
the campus; (2) provide prevention education for all incoming 
students; (3) provide training on domestic violence, dating 
violence, sexual assault, and stalking for campus law 
enforcement; and (4) provide training on such crimes to members 
of the campus judicial board.
---------------------------------------------------------------------------
    \32\NISVS survey, supra note 2.
---------------------------------------------------------------------------
    This reauthorization also strengthens efforts to provide 
safe housing for victims of domestic violence, dating violence, 
sexual assault, and stalking. Obtaining safe housing is an 
obstacle frequently faced by survivors seeking to leave 
dangerous situations. The 2005 reauthorization of VAWA added 
crucial protections that prevented applicants from being 
evicted from or denied admission to certain housing programs 
because they were victims. This legislation modifies the 
substance and the scope of those housing protections in three 
significant ways. First, it extends the housing protections to 
victims of sexual assault. Second, to better reflect the 
terminology used by the housing industry, the bill replaces the 
term ``immediate family member'' with ``affiliated individual'' 
in referring to other victims associated with the tenant who 
are protected under this provision. Third, this legislation 
extends the VAWA housing protections to nine Federal programs 
that are not covered currently, including the McKinney-Vento 
Act, which provides housing for the homeless, the HOME 
Improvement Partnership Program, the Low Income Housing Tax 
Credit, and the Rural Housing Services program.
    The bill also includes several smaller modifications to 
housing policy, including a requirement that tenants be 
notified of changes made under this reauthorization. It is the 
Committee's intent that, to the extent practicable, 
notification be incorporated into existing standard 
notification documents that are provided to tenants, such as 
the Tenants' Rights and Responsibilities brochure. The bill 
also requires the appropriate agency to develop model emergency 
transfer plans. It is the Committee's intent that these 
policies should be tailored to the various types of housing 
programs covered by the bill, recognizing that housing 
agencies, owners, and managers have varying abilities to 
transfer occupants, based on the volume and availability of 
dwelling units under their control or management. The emergency 
transfer plans should provide guidance for use in situations 
where it is not feasible for an individual public housing 
agency, owner, or manager to effectuate a transfer.
    The legislation also modifies the existing Transitional 
Housing Assistance program, which focuses on a comprehensive 
victim-centered approach to provide transitional housing 
services that move individuals into permanent housing and that 
assist victims for whom emergency shelter services are 
unavailable or insufficient. This reauthorization seeks to 
strengthen the program by clarifying that a qualified applicant 
is one whose policies protect victim safety, reflect an 
understanding of the dynamics of the four covered crimes, and 
do not include prohibited activities such as background checks 
or clinical evaluations to determine eligibility for services. 
The section also enhances a victim's ability to become 
independent from the abuser by allowing grant funds to be used 
for job training and employment counseling.
    Another focus of this reauthorization is to improve the 
overall administration and functioning of VAWA-funded programs. 
These changes are largely made through modifications to the 
universal grant conditions, the conditions to which all VAWA-
funded programs must adhere. One modification is the 
requirement that any grantee or subgrantee that provides legal 
assistance with VAWA funds be sufficiently trained or 
experienced in providing such assistance to victims of domestic 
violence, dating violence, sexual assault, and stalking, 
consistent with the requirements in the Legal Assistance to 
Victims program. In addition, the bill includes more stringent 
constraints on grantees in disclosing confidential and 
personally identifying information. Grantees are now explicitly 
prohibited from conditioning services on whether a victim 
provides consent to release confidential information. Grantees 
must also document compliance with the confidentiality and 
privacy provisions of this section.
    The legislation also promotes improved communication 
between grantees and the Office on Violence Against Women (OVW) 
by establishing a biennial conferral process to allow key 
stakeholders to share ideas and concerns affecting their 
programs. The areas of conferral include how grants are 
administered, as well as promising practices in the field. 
After each conferral, OVW is required to prepare and publicize 
a report summarizing the issues presented and the steps it will 
take to address those issues.
    Another important modification made to improve overall 
grant management is a streamlined application process for the 
STOP program, which currently requires States to provide 
extensive documentation that is of little use to OVW in 
monitoring the use of funds. The bill instead requires the 
State to develop a comprehensive implementation plan addressing 
how it will spend the funds received. A wide variety of key 
stakeholders must be involved in the planning process to ensure 
a coordinated effort to address victims' needs and strengthen 
enforcement efforts. To ensure the efficient use of funds, this 
proposal also requires that States coordinate their STOP 
implementation plans with plans they have developed under other 
Federal programs, such as the Family Violence Prevention and 
Services Act, the Public Health Services Act (which authorizes 
Rape Prevention and Education grants), and the Victims of Crime 
Act.
    Finally, to ensure that VAWA funds are used effectively and 
not vulnerable to waste, fraud and abuse, this reauthorization 
incorporates new accountability provisions including audit 
requirements, enforcement mechanisms, and restrictions on 
grantees and costs. The bill as reported requires the 
Department of Justice's Office of the Inspector General (OIG) 
to perform regular audits and penalizes grantees that are 
unwilling to remedy audit problems in a timely manner. Many 
issues detected by OIG are based on incomplete or untimely 
filed paperwork and can be remedied on a collaborative basis 
before the end of the process. The bill gives grantees a 
reasonable period of time to respond to and correct errors, but 
imposes severe penalties on grantees that refuse to cooperate 
or that have engaged in fraud or abuse. The bill also extends 
to OVW the new financial rules regarding conferences hosted or 
supported by the Department of Justice which were established 
in the Commerce, Justice, and Science Appropriations Act of 
2012 (P.L. 112-55, Sec. 540).
    The Minority Views submitted by Senators Grassley, Hatch, 
Kyl, and Cornyn mischaracterize the accountability provisions 
in S. 1925 as a ``watered-down'' version of a package that 
previously gained bipartisan support in the Committee as part 
of S. 1301, The Trafficking Victims Protection Reauthorization 
Act, when, in fact, the proposals are almost an exact replica. 
The Minority Views are correct that the bill ``leaves it to the 
Inspector General to determine how many audits to conduct.'' 
The Committee believes that the Inspector General is in the 
best position to decide the number of audits that are necessary 
to most effectively determine whether Federal dollars are being 
spent efficiently and wisely.\33\ The Minority Views of 
Senators Grassley, Hatch, Kyl, and Cornyn also criticize S. 
1925 because it ``fails to include a limitation on using 
Federal grants to lobby for additional grant dollars.'' Such a 
requirement in this legislation is unnecessary. Grantees are 
prohibited under current law from this practice, and the 
existing VAWA universal grant conditions make this prohibition 
explicitly clear.\34\
---------------------------------------------------------------------------
    \33\Notably, the substitute amendment offered by Senator Grassley 
would have removed discretion from the Inspector General regarding the 
appropriate number of audits to be conducted and would have instead 
imposed an arbitrary minimum requirement of auditing 10 percent of all 
VAWA grants. That would total almost 100 audits each year just of VAWA 
grantees. It is difficult to imagine how the Inspector General would 
have the capacity to conduct all of these additional audits in addition 
to its other oversight responsibilities without significantly more 
resources, which were not provided in the substitute amendment.
    \34\See 18 U.S.C. Sec. 1913; 42 U.S.C. Sec. 13925(b)(10).
---------------------------------------------------------------------------

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    The Violence Against Women Reauthorization Act of 2011 was 
introduced as S. 1925 on November 30, 2011, by Senators Leahy 
and Crapo. The bill was referred to the Committee on the 
Judiciary. Since the date of introduction, Senators Kirk, 
Durbin, Kohl, Klobuchar, Blumenthal, Boxer, Franken, Schumer, 
Whitehouse, Kerry, Rockefeller, Shaheen, Murray, Harkin, 
Stabenow, Casey, Gillibrand, Reed, Cardin, Lautenberg, Levin, 
Sanders, Feinstein, Coons, Murkowski, Begich, Wyden, Collins, 
Mikulski, Brown (MA), Bingaman, Cantwell, Landrieu, Menendez, 
Hagan, Johnson (SD), Lieberman, Akaka, Bennet, Tester, Baucus, 
Conrad, Udall (NM), McCaskill, Webb, Nelson (NE), Brown (OH), 
Warner, Inouye, Merkley, Carper, Nelson (FL), Manchin, Udall 
(CO), Pryor, and Reid have joined as cosponsors.

                       B. COMMITTEE CONSIDERATION

1. Hearings

    Since the 2005 reauthorization of VAWA, the Senate 
Committee on the Judiciary has held four hearings on the 
progress made through this landmark legislation. On June 10, 
2009, the Committee held a hearing entitled, ``The Continued 
Importance of the Violence Against Women Act.'' The witnesses 
at the hearing were Catherine Pierce, Acting Director of the 
Office on Violence Against Women at the United States 
Department of Justice; Gabrielle Union, Actor and Advocate from 
Beverly Hills, California; Karen Tronsgard-Scott, Director of 
the Vermont Network Against Domestic and Sexual Violence in 
Montpelier, Vermont; Ann Burke, President and Founder of the 
Lindsay Ann Burke Memorial Fund in Saunderstown, Rhode Island; 
Collene Campbell, National Chair of Force 100 in San Juan 
Capistrano, California; and Sally Wolfgang Wells, Chief 
Assistant of the Office of the Maricopa County Attorney in 
Phoenix, Arizona. Their testimonies are available at 
http://www.judiciary.senate.gov/hearings/
hearing.cfm?id=e655f9e28 09e5476862f735da14af0bd.
    On May 5, 2010, the Committee held a hearing titled, ``The 
Increased Importance of the Violence Against Women Act in a 
Time of Economic Crisis.'' The witnesses at the hearing were 
Susan B. Carbon, Director of the Office on Violence Against 
Women at the U.S. Department of Justice; Auburn L. Watersong, 
Economic Justice Specialist with the Vermont Network Against 
Domestic and Sexual Violence in Montpelier, Vermont; Lolita 
Ulloa, Managing Attorney for the Victim Services Division of 
the Hennepin County Attorney's Office in Minneapolis, 
Minnesota; and Richard Gelles, Dean of the University of 
Pennsylvania's School of Social Policy & Practice in 
Philadelphia, Pennsylvania. Their testimonies are available at 
http://www.judiciary.senate.gov/hearings/hearing.cfm?id= 
e655f9e2809e5476862f735da15ccca0.
    On June 3, 2011, the Committee's Subcommittee on Crime and 
Terrorism held a field hearing titled ``Preventing Teen 
Violence: Strategies for Protecting Teens from Dating Violence 
and Bullying.'' The witnesses at the hearing were Ann Burke, 
President and Founder of the Lindsay Ann Burke Memorial Fund in 
Saunderstown, Rhode Island; Deborah DeBare, Executive Director 
of the Rhode Island Coalition Against Domestic Violence, from 
Warwick, Rhode Island; Kate Reilly, Start Strong Director at 
the Sojourner House, in Providence, Rhode Island; and Ruth 
Zakarin, Executive Director of the Katie Brown Educational 
Program, in Fall River, Massachusetts. Their testimonies are 
available at 
http://www.judiciary.senate.gov/hearings/
hearing.cfm?id=e655f9e28 09e5476862f735da16dcd53.
    On July 13, 2011, the Committee held a hearing titled, 
``The Violence Against Women Act: Building on Seventeen Years 
of Accomplishments.'' The witnesses at the hearing were Dr. 
Phillip C. McGraw, a clinical psychologist and host of a 
nationally-syndicated television talk show; Dr. Jane Van Buren, 
Executive Director of Women Helping Battered Women in 
Burlington, Vermont; Michael Shaw, Co-Director of Domestic 
Violence & Sexual Assault Services at Waypoint in Cedar Rapids, 
Iowa; Eileen Larence, Director of Homeland Security and Justice 
at the United States Government Accountability Office; and 
Julie Poner of Indianapolis, Indiana. Their testimonies are 
available at http://www.judiciary.senate.gov/hearings/
hearing.cfm?id=3d9031b47812de2592c3baeba61af68.

2. Executive Business Meetings

    The bill was placed on the Committee agenda for 
consideration at an Executive Business Meeting on January 26, 
2012. It was held over on that date at the request of the 
Republican members.
    On February 2, 2012, the Committee considered S. 1925. 
Chairman Leahy offered an amendment in the nature of a 
substitute, which was adopted by unanimous consent. This 
amendment made a number of changes to clarify and strengthen 
the bill and was a reflection of further bipartisan 
negotiations that occurred after the legislation was 
introduced. Chairman Leahy also proposed a technical amendment 
to the substitute bill that made slight typographical 
corrections. The technical amendment was adopted by unanimous 
consent.
    Senator Grassley offered an amendment in the nature of a 
substitute amendment that made several significant 
modifications to S. 1925. The amendment was rejected by a roll 
call vote as follows (votes by proxy indicated with*):

Tally: 7 Yeas, 11 Nays

Yeas (7): Grassley (R-IA), Hatch (R-UT), Kyl (R-AZ),* Sessions 
(R-AL),* Graham (R-SC),* Cornyn (R-TX),* Lee (R-UT).

Nays (11): Leahy (D-VT), Kohl (D-WI), Feinstein (D-CA), Schumer 
(D-NY),* Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), 
Franken (D-MN), Coons (D-DE), Blumenthal (D-CT), Coburn (R-
OK).*
    Senator Grassley offered an amendment that provided for an 
alien's third drunk driving conviction to be considered an 
aggravated felony, and thus a deportable offense for purposes 
of the Immigration and Nationality Act. The amendment would 
apply to convictions that occurred before, on, or after the 
enactment of S. 1925. Senator Leahy then orally offered a 
second degree amendment that struck the retroactive provision 
of the amendment. It was the Committee's clear intent that, 
with the adoption of the second degree amendment, Senator 
Grassley's amendment not be applied retroactively.\35\ The 
second degree amendment was accepted by roll call vote.
---------------------------------------------------------------------------
    \35\This statement of Committee intent is consistent with the 
description of the Grassley amendment that is contained in the Minority 
Views of Senators Grassley, Hatch, Kyl, and Cornyn.

---------------------------------------------------------------------------
Tally: 11 Yeas, 7 Nays

Yeas (11): Leahy (D-VT), Kohl (D-WI), Feinstein (D-CA), Schumer 
(D-NY),* Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), 
Franken (D-MN), Coons (D-DE), Blumenthal (D-CT), Lee (R-UT).

Nays (7): Grassley (R-IA), Hatch (R-UT), Kyl (R-AZ),* Sessions 
(R-AL),* Graham (R-SC),* Cornyn (R-TX),* Coburn (R-OK).*
    The Committee then unanimously accepted the Senator 
Grassley amendment, as amended by Senator Leahy's second degree 
amendment, by roll call vote.
    Senator Grassley offered an amendment that added a five-
year mandatory minimum sentence to the crime of aggravated 
sexual assault under 18 U.S.C. Sec. 2241(a). The amendment was 
accepted by roll call vote.

Tally: 15 Yeas, 2 Nays, 1 Pass

Yeas (15): Kohl (D-WI), Feinstein (D-CA), Schumer (D-NY), 
Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-
MN), Coons (D-DE), Blumenthal (D-CT), Grassley (R-IA), Hatch 
(R-UT), Kyl (R-AZ),* Graham (R-SC),* Cornyn (R-TX),* Coburn (R-
OK).*

Nays (2): Leahy (D-VT), Lee (R-UT).

Pass (1): Sessions (R-AL).*
    Senator Cornyn offered an amendment that created a 
misdemeanor crime for United States clients of international 
marriage brokers to knowingly make a false or fraudulent 
statement with regard to their criminal background and other 
safety-relevant disclosures that are required under current 
law. The amendment was accepted by roll call vote.

Tally: 14 Yeas, 2 Nays, 2 Pass

Yeas (14): Leahy (D-VT), Kohl (D-WI), Feinstein (D-CA), Schumer 
(D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), 
Franken (D-MN), Coons (D-DE), Blumenthal (D-CT), Kyl (R-AZ),* 
Cornyn (R-TX),* Lee (R-UT), Coburn (R-OK).*

Nays (2): Grassley (R-IA), Hatch (R-UT).

Pass (2): Sessions (R-AL),* Graham (R-SC).*
    The Committee then voted to report S. 1925, the Violence 
Against Women Reauthorization Act of 2011, as amended, 
favorably to the Senate. The Committee proceeded by roll call 
vote as follows:

Tally: 10 Yeas, 8 Nays

Yeas (10): Leahy (D-VT), Kohl (D-WI), Feinstein (D-CA), Schumer 
(D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), 
Franken (D-MN), Coons (D-DE), Blumenthal (D-CT).

Nays (8): Grassley (R-IA), Hatch (R-UT), Kyl (R-AZ),* Sessions 
(R-AL),* Graham (R-SC),* Cornyn (R-TX),* Lee (R-UT), Coburn (R-
OK).*

              III. Section-by-Section Summary of the Bill


Sec. 1. Short title

    This section provides that the Act may be cited as the 
``Violence Against Women Reauthorization Act of 2011.''

Sec. 2. Table of contents

    This section provides a table of contents for the bill.

Sec. 3. Universal definitions and grant conditions

    This section is comprised of updates to two major 
subsections that apply to all VAWA programs: universal 
definitions and universal grant conditions. The changes are 
both substantive and technical in nature.
    The universal definition section clarifies key terms by 
incorporating references to existing statutory definitions or 
providing further description. For example, the definition of 
``community-based organization'' is amended to clarify that it 
covers only nongovernmental, nonprofit organizations, except in 
tribal communities where the nonprofit sector is often 
underdeveloped and tribal government programs may fill a void. 
The definition of ``legal assistance'' is modified to clarify 
that intake or referral services on their own do not constitute 
legal assistance. ``Rural area'' is broadened to include 
Federally-recognized Indian tribes, some of which have been 
precluded from participating in programs such as the Rural 
grant program. The definition of ``personally identifying 
information'' is also updated by adding items such as a 
driver's license number to the current list that includes name, 
address, and Social Security number. The definition also 
removes the provision that other information that could be 
personally identifying must be combined with one of the listed 
items.
    This section also includes new definitions of ``culturally 
specific services,'' ``population specific services,'' and 
``underserved populations.'' Together, these definitions, as 
applied through grant programs and set-asides throughout the 
bill, help to ensure that VAWA funded services effectively 
reach victims from communities with unique needs and 
characteristics, and communities whose members face barriers to 
access to traditional services. Other new definitions are added 
to improve clarity in programming, such as ``Alaska Native 
village,'' ``homeless,'' ``rape crisis center'' and ``sex 
trafficking.'' Other existing definitions including ``sexual 
assault'' are updated and the definition of ``rural state'' is 
modified to reflect overall population growth.
    This section also includes technical updates to VAWA 
definitions, which are incorporated throughout the bill. For 
example, in several places the four crimes of domestic 
violence, dating violence, sexual assault and stalking are 
explicitly enumerated to ensure uniformity. The original VAWA 
legislation emphasized reducing violence and strengthening 
services to victims of domestic violence and sexual assault. In 
subsequent reauthorizations, VAWA also addressed the offenses 
of dating violence and stalking, but not all of the grant 
programs were updated to reflect this change. Additionally, 
VAWA currently defines both ``victim services'' and ``victim 
service provider'' in a single definition as the type of 
organization that provides assistance to victims but does not 
address the services provided. This section separates out the 
term ``victim services'' and includes in the definition 
activities such as social support systems, crisis intervention, 
referrals, and legal advocacy. Corresponding edits are made 
throughout the bill to reflect this change.
    The second part of this section addresses changes to 
universal grant conditions, the conditions to which all VAWA 
programs must adhere. One modification is the requirement that 
any grantee or subgrantee that provides legal assistance with 
VAWA funds be sufficiently trained or experienced in providing 
such assistance to victims of domestic violence, dating 
violence, sexual assault, and stalking, consistent with the 
requirements in the Legal Assistance to Victims program. 
Another modification is more stringent constraints on grantees 
in disclosing confidential and personally identifying 
information. Grantees are now explicitly prohibited from 
conditioning services on whether a victim provides consent to 
release confidential information. Grantees must also document 
compliance with the confidentiality and privacy provisions of 
this section.
    Additionally, this section provides grantees with the 
ability to advocate for State, local or tribal model codes or 
legislation to better respond to the needs of victims, which is 
a core aspect of a coordinated community response to the four 
crimes. At present, grantees may not use grant funds to 
advocate for these policies or legislative changes, even though 
some VAWA grant programs require grantees to adopt certain 
legislation or policies as a prerequisite for receiving funding 
(e.g., under the STOP and Arrest programs, grantees must 
certify that their laws or official policies are in compliance 
with certain requirements, including the payment of forensic 
medical exams and HIV testing of certain defendants indicted 
for sexual offenses). To ensure that grantees may engage in 
advocacy without running afoul of the Federal anti-lobbying 
statute, the bill proposes to authorize certain limited 
activities that are necessary to grantees' work but will not 
undermine the principle that Federal funding must not be used 
to lobby for more funding.
    The bill also updates the anti-discrimination provision for 
VAWA grantees. Currently, there are significant differences in 
the level of anti-discrimination protections for VAWA programs 
due to the various statutes under which the grants were 
authorized. For example, some programs are authorized in the 
Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus 
Act), which contains its own anti-discrimination provision. 
Other VAWA programs are covered by Title VI of the Civil Rights 
Act of 1964, which is less expansive in terms of the classes of 
individuals who are protected from discrimination. This section 
creates uniformity so that a grantee may not discriminate on 
the basis of race, color, religion, national origin, sex, 
gender identity, sexual orientation or disability.
    This section also promotes improved communication between 
grantees and the Office on Violence Against Women (``OVW'') by 
establishing a biennial conferral process to allow key 
stakeholders to share ideas and concerns affecting their 
programs. The areas of conferral include how grants are 
administered and promising practices in the field. After each 
conferral, OVW is required to prepare and publicize a report 
summarizing the issues presented and the steps it will take to 
address those issues.

Sec. 4. Effective date

    This section adds an effective date for certain titles and 
provisions to be the beginning of the fiscal year following the 
enactment of the Act.

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

Sec. 101. STOP grant

    The STOP (Services-Training-Officers-Prosecutors) grant is 
the primary VAWA formula grant program for States, U.S. 
territories, and the District of Columbia that addresses the 
crimes of domestic violence, sexual assault, dating violence 
and stalking. Upon application, each State, U.S. territory, and 
the District of Columbia receives grants according to a 
statutory formula. They can then subgrant these funds to State 
agencies, State and local courts, units of local government, 
tribal governments, and nonprofit, nongovernmental victim 
services providers.
    Three significant changes are made to the STOP grant 
program. First, this section makes several changes to increase 
the attention given to crimes of sexual violence. Although 
sexual assault has been one of the core crimes addressed by 
VAWA since its passage in 1994, a smaller percentage of STOP 
grant funding goes to sexual violence programming than is 
proportional to victimization rates. For example, a recent CDC 
survey reports that 35 percent of women in the United States 
are victims of domestic violence and 18 percent experience 
sexual assault. In 2007 and 2008, however, STOP grantees 
reported that on average 85 percent of victims served were 
domestic violence victims, 13 percent were sexual assault 
victims, and 2 percent were stalking victims. Moreover, only 3 
percent of the charges filed by STOP-funded prosecutors were 
for sexual assault, while 80 percent were for domestic 
violence.
    In response, this section includes the addition of purpose 
areas that are more directly responsive to the needs of sexual 
assault victims, including an increased focus on training for 
law enforcement and prosecutors and efforts to reduce rape kit 
backlogs. These new purpose areas will encourage States to 
address the ongoing needs of sexual assault victims. This 
section also includes a 20 percent set-aside for sexual assault 
programming to ensure that more funding under the STOP program 
is used to address this serious crime. The set-aside is to be 
implemented over two years and builds in flexibility to ensure 
that States can effectively and efficiently address the needs 
of all victims.
    Second, while VAWA's focus on violence against women 
appropriately reflects the disproportionate number of women who 
experience severe forms of domestic and sexual violence, men 
are also the victims of these crimes. This section adds purpose 
areas so States may target the needs of male victims. It also 
clarifies that funds may be used for programs aimed at 
supporting victims who have had difficulty accessing 
traditional services because of their sexual orientation or 
gender identity, a problem indicated in recent surveys.
    Third, this section streamlines the application process for 
the STOP program, which currently requires States to provide 
extensive documentation that is of little use to OVW in 
monitoring the use of funds, and instead requires the State to 
develop a comprehensive implementation plan addressing how it 
will spend the funds received. A wide variety of key 
stakeholders must be involved in the planning process to ensure 
a coordinated effort to address victims' needs and strengthen 
enforcement efforts. To ensure the efficient use of funds, this 
proposal also requires that States coordinate their STOP 
implementation plans with plans they have developed under other 
Federal programs, such as the Family Violence Prevention and 
Services Act, the Public Health Services Act (which authorizes 
Rape Prevention and Education grants), and the Victims of Crime 
Act.
    The authorized funding for STOP is reduced from $225 
million to $222 million.

Sec. 102. Grants to Encourage Arrest Policies and Enforce Protection 
        Orders (``Arrest'' or ``GTEAP'')

    The Arrest program is OVW's primary discretionary funding 
mechanism for encouraging criminal justice system reform and 
promoting coordinated community responses. It focuses on 
helping State, local, and tribal governments and agencies 
investigate and prosecute instances of domestic violence, 
dating violence, sexual assault, and stalking, and treat them 
as serious criminal violations. This section enhances that 
effort in several ways.
    The most significant change is the emphasis on sexual 
assault, similar to other programs in this bill. As with the 
changes made in STOP, the grant purpose areas in Arrest are 
updated to include activities that are tailored to sexual 
assault issues, such as implementing Sexual Assault Nurse 
Examiner programs, Forensic Examiner programs, Sexual Assault 
Response Teams, and programs to reduce rape kit backlogs. 
Additionally, this section sets aside 25 percent of the 
available amounts to ensure that more funding under the Arrest 
program is used to address this serious crime.
    Another important change is a modification of the 
requirement that State and local government recipients of 
Arrest program funds certify that they test sex offenders for 
HIV at the request of the victim within 48 hours of information 
or indictment and provide the results of the testing to the 
victim. Grantees that cannot certify in this manner lose five 
percent of the funding from their grant. Current law makes no 
allowance for jurisdictions that must exceed the 48-hour limit 
when offenders are not in custody or otherwise easily 
accessible (for example, there is no allowance for a case in 
which the defendant has been charged even though his or her 
whereabouts are unknown).
    This section clarifies that grantees must also certify that 
they do not charge victims for costs associated with the 
modification, enforcement or dismissal of a protection order. 
Current law prohibits funds from going to States, tribes, and 
units of local government that impose fees for the filing, 
issuance, registration or servicing of protection orders.
    This section also continues VAWA 2011's emphasis on 
reducing domestic and dating violence homicides through the use 
of evidence-based risk assessments.
    The authorized funding for Arrest is reduced from $75 
million to $73 million.

Sec. 103. Legal Assistance for Victims (``LAV'')

    The LAV program is a highly competitive grant program which 
has expanded the availability of legal assistance for many 
victims of domestic violence, dating violence, sexual assault, 
and stalking. This section seeks to build on that foundation by 
strengthening the training requirements for eligible entities 
to ensure that they have the relevant expertise in providing 
legal assistance to victims of domestic violence, dating 
violence, sexual assault, or stalking. Those without such 
expertise may provide assistance only if they complete 
appropriate training in this area of law and also practice 
while partnered with a legal assistance provider with 
demonstrated expertise. Additionally, this section allows 
grantees to recruit, train, and mentor pro bono attorneys and 
law students to address the continuing difficulty of limited 
resources and capacity.
    The authorized funding for LAV is reduced from $65 million 
to $57 million.

Sec. 104. Consolidated grants to support families in the justice system

    This section proposes to consolidate two programs that 
train judges and court personnel about the intersection of 
domestic violence and family court proceedings, and promote 
safe supervised visitation for families in cases involving 
domestic violence and sexual assault. Too often the steps 
victims are encouraged to take to escape violence--breaking the 
silence about abuse, seeking protection, limiting contact with 
the abusive partner--put them at a disadvantage in family court 
proceedings. This crisis in family courts is driven by a number 
of factors, including the prevalence of judges and court 
personnel who are not adequately trained to understand domestic 
violence. This consolidation conserves resources and creates a 
program that encourages States to focus on training and 
protocol development for family courts.
    Authorized funding for this program is $22 million, a $3 
million reduction from the aggregate total of the individual 
programs that were consolidated.

Sec. 105. Sex offender management

    This section reauthorizes training programs to assist 
probation and parole officers and other personnel who work with 
released sex offenders. Authorized funding for this program 
remains at $5 million.

Sec. 106. Court-Appointed Special Advocate program (``CASA'')

    This section reauthorizes the Court-Appointed Special 
Advocate program, which provides assistance to child victims of 
abuse or neglect. A new annual reporting requirement is added. 
Authorized funding for this program remains at $12 million.

Sec. 107. Criminal provision relating to stalking, including 
        cyberstalking

    This section updates the Federal anti-stalking statute to 
capture more modern forms of communication that perpetrators 
use to stalk their victims. It also makes technical changes to 
the Interstate Domestic Violence statute and the Interstate 
Violation of a Protection Order statute.

Sec. 108. Outreach and services to Underserved Populations grant

    This section strikes the text of the existing Outreach to 
Underserved Populations grant program, which focused 
exclusively on public information campaigns, and replaces it 
with a program offering services to adult and youth victims in 
underserved communities. Outreach, education, prevention, and 
intervention strategies remain an allowable purpose for the 
grant funding. However, a greater emphasis is placed on the 
planning and implementation of programs that directly meet the 
needs of victims. The current $2,000,000 authorization level 
for this program does not change, but is augmented with a two 
percent set-aside from funds appropriated to the STOP and 
Arrest programs.

Sec. 109. Culturally-Specific Services grant

    This section removes the term ``linguistically'' which has 
caused confusion about the purpose of the program. Many 
entities that provide culturally specific programming but not 
linguistically specific programming mistakenly believed they 
would not be eligible. This change clarifies that the program 
is not limited to linguistically specific services. Funding for 
this program does not change and continues to be drawn from 
set-asides from the Arrest, LAV, Rural, Elder, and Disabilities 
programs.

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

Sec. 201. Sexual Assault Services Program (``SASP'')

    The Sexual Assault Services Program is the only VAWA 
program that is entirely dedicated to providing assistance to 
victims of sexual assault. It is similar to, though 
significantly smaller than, the Family Violence Prevention and 
Services Act (42 U.S.C. 10401, et seq.), which addresses 
domestic violence and is administered through the Department of 
Health and Human Services. SASP provides grants to States and 
territories, tribes, State sexual assault coalitions, tribal 
coalitions, and culturally specific organizations. Currently, 
funding is distributed to States and territories pursuant to a 
formula which treats the District of Columbia and Puerto Rico 
as territories despite their significantly larger populations. 
This section changes the formula by treating the District of 
Columbia and Puerto Rico as States in calculating minimum state 
funding allocations.
    The authorized funding for SASP is reduced from $50 million 
to $40 million.

Sec. 202. Rural domestic violence, dating violence, sexual assault, 
        stalking, and child abuse enforcement assistance

    The Rural grant program was established by the first VAWA 
to address the unique challenges faced by victims of domestic 
violence and dating violence in rural jurisdictions. It 
encourages cooperation among law enforcement and victim service 
providers, among others, to investigate criminal incidents and 
provide treatment, education, and prevention strategies. This 
section, similar to the changes in other parts of VAWA 2011, 
strengthens responses to sexual assault through the inclusion 
of additional purpose areas. It also incorporates the use of 
multidisciplinary teams to address and prevent domestic and 
dating violence homicide. This section also adds a purpose area 
to provide resources for victims in remote and geographically 
isolated areas who face barriers to accessing services.
    The authorized funding for the Rural grant program is 
reduced from $55 million to $50 million.

Sec. 203. Training and services to end violence against women with 
        disabilities grant

    The Disability grant program, which addresses the gaps in 
abuse suffered by domestic violence, dating violence, sexual 
assault, and stalking victims with disabilities, is 
reauthorized and adds the use of evidence-based indicators to 
assess the risk of domestic and dating violence homicide. The 
authorized funding for the Disability grant program is reduced 
from $10 million to $9 million.

Sec. 204. Enhanced training and services to end abuse in later life 
        grant

    This section strikes the existing Elder Abuse grant program 
and replaces it with a more comprehensive response to this 
increasing problem. Currently, grantees are funded to train law 
enforcement and prosecutors in recognizing and responding to 
elder abuse, and to provide services for victims of elder 
abuse. Under this new section, entities may also educate and 
train health care providers, faith-based leaders, and conduct 
outreach activities to ensure that victims of elder abuse 
receive appropriate assistance.
    The authorized funding for the Elder Abuse grant program is 
reduced from $10 million to $9 million.

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

Sec. 301. Rape Prevention and Education grant (``RPE'')

    The RPE grant program supports the efforts of rape crisis 
centers, sexual assault coalitions, and other nonprofit 
organizations to educate and increase awareness on how to 
prevent sexual assaults. Funding is distributed to States based 
on population. This section ensures that every State, and the 
District of Columbia and Puerto Rico, receives a minimum 
allocation of $150,000 for prevention and education activities. 
Each U.S. Territory would receive $35,000. Any unused or 
remaining funds are to be distributed to the States, the 
District of Columbia, and Puerto Rico on the basis of 
population.
    The authorized funding for RPE is reduced from $80 million 
to $50 million.

Sec. 302. Creating Hope through Outreach, Options, Services, and 
        Education for Children and Youth (``CHOOSE Children & Youth'')

    A critical aspect of combating domestic violence, dating 
violence, sexual assault, and stalking is the impact these 
crimes have on children and youth, who may have been either 
directly victimized or traumatized by being exposed to such 
violence. VAWA addressed this issue by creating several 
different programs throughout the years that were aimed at 
providing education, prevention strategies, and services to 
children and youth.
    Consistent with the overall goal of VAWA 2011, this 
section, along with section 402, consolidates eight current 
grants into two more streamlined programs. This section focuses 
on grants to provide services for children and youth victims, 
such as counseling, mentoring, and legal assistance, as well as 
training and assistance to personnel at middle and high schools 
who can help victims. Grantees may be victim service providers 
and community-based organizations that are encouraged to 
partner with State, tribal, and local governments, and other 
agencies that work with children and youth.
    The authorized funding for this consolidated grant program 
is $15 million, a $15 million reduction from the $30 million 
authorized by the individual programs.

Sec. 303. Grants to combat violent crimes on campuses (``Campus 
        Program'')

    The Campus program encourages institutions of higher 
education to partner with community-based organizations to 
adopt comprehensive, coordinated responses to domestic 
violence, dating violence, sexual assault, and stalking. The 
Department of Justice, in awarding these grants, has determined 
that a successful response to victims of the four crimes in 
colleges and universities must include the following 
components: (1) implementing a coordinated community response 
both internal to and external to the campus; (2) providing 
prevention education for all incoming students; (3) providing 
training on domestic violence, dating violence, sexual assault 
and stalking for campus law enforcement; and (4) providing 
training on such crimes to members of the campus judicial 
board. This section clarifies that these four components are 
minimum requirements that each grantee is expected to fulfill 
during the grant period.
    The authorized funding for the Campus program is reduced 
from $15 million to $12 million.

Sec. 304. Campus sexual violence, domestic violence, dating violence, 
        and stalking education and prevention

    This section updates the Clery Act, which requires colleges 
and universities to provide information about campus security 
policies and crime statistics to students and staff. Under this 
section, colleges and universities must inform their community 
of the school's policies and procedures related to domestic 
violence, dating violence, sexual assault, and stalking. This 
includes disclosures regarding the disciplinary proceedings 
when alleged offenses are reported, the policies and procedures 
in place to protect and maintain the confidentiality of the 
victim, and the resources available to victims of these 
offenses.
    There are no funds authorized for this section.

                 TITLE IV--VIOLENCE REDUCTION PRACTICES

Sec. 401. Study conducted by the Centers for Disease Control and 
        Prevention

    This section continues to authorize funding to the Centers 
for Disease Control and Prevention (``CDC'') to provide grants 
to academic institutions and organizations to conduct research 
that examine best practices for reducing and preventing 
domestic violence, dating violence, sexual assault, and 
stalking. The authorized funding for this research is reduced 
from $2 million to $1 million.

Sec. 402. Saving Money and Reducing Tragedies through prevention grants 
        (SMART)

    As discussed in section 302 (above), VAWA and its 
subsequent reauthorizations created several programs that 
address child and youth victims of domestic violence, dating 
violence, sexual assault, and stalking. While section 302 
combined four related programs into one that addresses victim 
services and education, this section consolidates an additional 
four programs into one grant aimed at prevention. The new 
``SMART'' grant provides funds for three primary purposes: (1) 
raising awareness and changing attitudes about teen dating 
violence; (2) preventing, reducing, and responding to 
children's exposure to violence at home; and (3) helping men to 
serve as role models in preventing domestic violence, dating 
violence, sexual assault, and stalking.
    The authorized funding for this consolidated program is $15 
million, a $22 million reduction from the $37 million 
authorized for the individual programs.

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

Sec. 501. Consolidated grants to strengthen the healthcare system's 
        response to domestic violence, dating violence, sexual assault, 
        and stalking

    An essential component in combating domestic violence, 
dating violence, sexual assault, and stalking is engaging the 
healthcare profession to provide services to victims and train 
professionals in identifying signs of victimization. This 
section consolidates three existing VAWA programs related to 
the healthcare system's response to the four crimes and creates 
a comprehensive updated program that focuses on grants for 
developing interdisciplinary training for health professionals 
and education programs for health professions students. It also 
encourages the development of comprehensive strategies to 
improve the response of hospitals, clinics, and other public 
health facilities to domestic violence, dating violence, sexual 
assault, and stalking. A grantee may be a nonprofit 
organization, a healthcare provider, an accredited healthcare 
school, or a State, local, or tribal governmental entity. 
Grantees are also required to comply with relevant 
confidentiality and nondisclosure requirements.
    The authorized funding for this consolidated program is $10 
million, a $3 million reduction from the $13 million authorized 
for the individual programs.

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

Sec. 601. Housing protections of victims of domestic violence, dating 
        violence, sexual assault, and stalking

    One of the continuing obstacles faced by victims of 
domestic violence, dating violence, sexual assault, and 
stalking is the availability of temporary or permanent housing. 
The 2005 reauthorization of VAWA added crucial protections that 
prevented applicants from being evicted from or denied 
admission to certain housing programs because they were 
victims. This section modifies the substance and the scope of 
those housing protections in three significant ways. First, it 
extends the housing protections to victims of sexual assault. 
Second, it replaces the term ``immediate family member'' with 
``affiliated individual'' in referring to other victims 
associated with the tenant that are protected under this 
provision. The change was made to better reflect the 
terminology used by the housing industry. Third, the VAWA 
housing protections are extended to nine Federal programs that 
are not covered currently, including the McKinney-Vento Act, 
which provides housing for the homeless, the HOME Improvement 
Partnership Program, the Low Income Housing Tax Credit, and the 
Rural Housing Services program.
    There are no funds authorized for this section.

Sec. 602. Transitional housing assistance grants for victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking

    The Transitional Housing Assistance program focuses on a 
comprehensive victim-centered approach to provide transitional 
housing services that move individuals into permanent housing 
and for victims for whom emergency shelter services are 
unavailable or insufficient. This highly successful program is 
reauthorized at a slightly lower funding level and also 
clarifies that a qualified applicant is one whose policies 
protect victim safety, reflect an understanding of the dynamics 
of the four covered crimes, and do not include prohibited 
activities such as background checks or clinical evaluations to 
determine eligibility for services. The section also enhances a 
victim's ability to become independent from the abuser by 
allowing grant funds to be used for job training and employment 
counseling.
    The authorized funding for Transitional Housing is reduced 
from $40 million to $35 million.

Sec. 603. Addressing the housing needs of victims of domestic violence, 
        dating violence, sexual assault, and stalking

    This section reauthorizes two VAWA housing programs. The 
first awards grant funds to entities that assist victims who 
are currently homeless or at risk of becoming homeless by 
designing and implementing new activities, services, and 
programs to increase their stability and self-sufficiency. The 
second program provides grants to promote full and equal access 
to housing by adult and youth victims.
    The authorized funding for each program is reduced from $10 
million to $3 million.

          TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

Sec. 701. National Resource Center on Workplace Responses to assist 
        victims of domestic and sexual violence

    This section reauthorizes funding for the operation of the 
National Resource Center on Workplace Responses, which provides 
information and assistance to employers to aid in efforts to 
develop and implement responses to domestic and sexual 
violence.
    The authorized funding for the National Resource Center is 
maintained at $1 million.

             TITLE VIII--PROTECTION FOR BATTERED IMMIGRANTS

Sec. 801. U nonimmigrant definition

    The U visa is a valuable law enforcement tool that is 
available to non-citizen victims of certain enumerated crimes, 
listed at section 101(a)(15)(U)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)), who have been 
or are likely to be helpful to the investigation or prosecution 
of the crime. Current law includes domestic violence and sexual 
assault in the list of enumerated crimes, and this section adds 
stalking.

Sec. 802. Annual report on immigration applications made by victims of 
        abuse

    This section requires the Secretary of Homeland Security to 
report annually on the number of persons who have applied for 
and been granted or denied a petition for a T or U visa or a 
VAWA self-petition; the mean and median time it takes DHS to 
adjudicate such petitions; the mean and median time between 
receipt of an application for work authorization related to 
such petitions and the issuance of authorization to eligible 
applicants; the number of victims of trafficking granted 
continued presence; and any efforts being taken to reduce 
processing and adjudication time for the above.

Sec. 803. Protections for children of VAWA self-petitioners

    In 2009, Congress enacted the so-called ``widow's and 
widower's fix'' to enable a spousal-based petition for lawful 
permanent residence (LPR) to survive when a U.S. citizen spouse 
died after filing the petition for their non-citizen spouse. 
Prior to this change in the law, the non-citizen spouse could 
not be granted LPR status based on the spousal petition, 
because the basis of the petition had ceased to exist when the 
U.S. citizen spouse died. This section of the bill will add the 
minor children of VAWA self-petitioners to the immigration 
statute's ``widow's and widower's fix,'' but in this case the 
beneficiaries will not be surviving spouses, but rather the 
surviving minor children of VAWA self-petitioners. Spouses, 
parents, and extended family members would not be eligible.

Sec. 804. Public charge

    Typically a non-citizen who is likely to become a public 
charge is considered to be inadmissible to the United States. 
Inadmissibility is reviewed when the applicant seeks relief--
such as VAWA protection, a T visa for trafficking victims, or a 
U visa for victims of certain crimes--and again when that same 
person later seeks to adjust their status to lawful permanent 
resident.
    Congress has previously enacted laws recognizing that such 
individuals are deserving of protection and/or immigration 
status in the United States. This section makes explicit that 
such persons should, therefore, not be barred from admission on 
public charge grounds. Specifically, this section amends the 
INA to clarify that the following persons are exempt from the 
public charge inadmissibility ground: An individual who is a 
VAWA self-petitioner, a U visa petitioner or holder, and a T 
visa holder. (A T visa petitioner is currently eligible for a 
waiver from public charge inadmissibility, and these waivers 
are regularly waived.)
    Recipients of U visas are not entitled to any benefits 
other than a work permit, and this section would not make them 
eligible for any new benefits.

Sec. 805. Requirements applicable to U visas

    In the past two years, the current annual cap of 10,000 U 
visas has been reached prior to the end of the fiscal year. The 
Secretary of Homeland Security asked Congress to increase the 
cap to 20,000 per year. Rather than increase the cap outright, 
this section allows DHS to draw from a pool of previously 
authorized but never issued U visas if the annual cap is 
reached in a given fiscal year. In those circumstances, no more 
than 5,000 recaptured U visas may be issued between the point 
when the cap is reached and the end of the fiscal year.
    This section also makes a technical fix requested by DHS. A 
U visa holder may petition for his or her child to obtain a 
derivative U visa. However, in some cases, because the agency 
takes time to adjudicate the petition, the child may ``age 
out'' of eligibility if he or she reaches the age of 21 before 
the adjudication is completed. This section clarifies that, if 
the principal U visa applicant files a petition while the 
derivative child is under 21 years of age, the child will be 
treated as under 21 for the purposes of adjudication as a 
derivative.

Sec. 806 Hardship waivers

    Typically, immigration law requires a non-citizen spouse of 
a U.S. citizen or lawful permanent resident (LPR) who has 
applied for lawful permanent residence to wait two years before 
seeking to remove his or her conditional status and apply for 
lawful permanent resident status. Waivers of the two-year 
period of conditional status are available at the discretion of 
the Secretary of Homeland Security under certain circumstances 
where the non-citizen spouse suffers a hardship, such as where 
the non-citizen spouse was a victim of abuse at the hands of 
the U.S. citizen spouse. This section would extend the 
discretion of the Secretary to grant a waiver in a situation 
where the abuse occurred at the hands of a U.S. citizen or LPR 
spouse, but the underlying marriage was invalid because the 
U.S. citizen or LPR committed bigamy unbeknownst to the non-
citizen victim spouse.

Sec. 807. Protections for a fiancee or fiance of a citizen

    This section strengthens the existing International 
Marriage Broker Regulation Act (IMBRA) in several ways to 
protect foreign fiances and fiancees of U.S. citizens from 
entering abusive or violent marriages. First, it requires that 
a petition filed by a U.S. citizen for a K visa (for a foreign 
fiance or fiancee) include information about any permanent 
protection orders or restraining orders that have been issued 
against the U.S. citizen petitioner. Such information will be 
seen in advance by the potential K visa recipient, enabling 
that individual to make an informed decision about whether to 
proceed with the marriage.
    Second, this section expands the list of specific criminal 
convictions that must be disclosed in a petition for a K visa. 
Current law requires disclosure of the crimes of domestic 
violence, sexual assault, child abuse and neglect, and 
stalking. This section adds convictions for the attempt to 
commit any of those crimes to the list that must be disclosed.
    Third, this section requires the Secretary to notify the 
State Department if a U.S. citizen petitioner has had two K 
visa petitions approved in the prior ten-year period, and 
requires the State Department to make such information 
available to the potential K visa recipient.
    Fourth, this section requires the Secretary of Homeland 
Security to run an NCIC background check on K visa petitioners 
and to turn over any background information to the State 
Department, which is then required to turn it over to the 
potential K visa recipient.
    Fifth, this section requires the Secretary to produce a 
cover sheet to accompany negative information (including any 
criminal convictions or protection orders, and whether the U.S. 
citizen petitioner accurately disclosed the number of prior K 
visa petitions). The cover sheet is designed to ensure that the 
potential K visa recipient is aware of any negative information 
about the U.S. citizen petitioner.

Sec. 808. Regulation of International Marriage Brokers

    This section requires an International Marriage Broker to 
collect proof of age from the potential K visa recipient in 
order to ensure that the foreign fiancee or fiance is of the 
age of consent. This section also requires the GAO to report on 
implementation of IMBRA.

Sec. 809. Eligibility of crime and trafficking victims in the 
        Commonwealth of the Northern Mariana Islands to adjust status.

    The Secretary of Homeland Security asked Congress to make 
the following technical fix to the immigration law. The 
Consolidated Natural Resources Act of 2008 (the CNRA) made the 
U.S. territory of the Commonwealth of the Northern Marianas 
(CNMI) a part of the United States for purposes of U.S. 
immigration law as of November 28, 2009. Prior to that date, 
victims of trafficking or certain other crimes who were 
physically present in the CNMI were able to apply for T or U 
visas, but a grant of such status did not actually confer upon 
the victim a ``nonimmigrant'' status unless the visa holder was 
admitted to the United States in Guam or elsewhere. As a 
result, such visa holders could not begin to accrue time toward 
the three-year continuous presence requirement for adjusting 
their status to lawful permanent resident. To conform with the 
CNRA, this section allows T and U visa holders who are 
physically present in the CNMI to count their time toward the 
three-year requirement of continuous presence.

                   TITLE IX--SAFETY FOR INDIAN WOMEN

Sec. 901. Grants to Indian tribal governments

    This section improves an existing grant program targeted at 
curbing domestic violence, sexual assault, dating violence, and 
stalking in Indian country, by extending its coverage to sex 
trafficking crimes. It also adds two purpose areas to the 
program. The first allows grant money to go toward developing 
and promoting best practices for responding to domestic 
violence, dating violence, sexual assault, sex trafficking, and 
stalking in Indian country. The second allows grant money to go 
toward providing services to address the needs of youth in 
Indian country who are victims of domestic violence, dating 
violence, sexual assault, sex trafficking, or stalking and the 
needs of children exposed to domestic violence, dating 
violence, sexual assault, or stalking.

Sec. 902. Grants to Indian tribal coalitions

    This section improves the existing tribal coalition grant 
program, by incorporating a purpose area that would allow grant 
money to go toward developing and promoting policies that 
promote best practices for responding to domestic violence, 
dating violence, sexual assault, sex trafficking, and stalking. 
A new funding formula is added to ensure that established and 
emerging coalitions receive adequate resources. To this end, a 
5 percent set-aside is included in the GTEAP program (sec. 
102).

Sec. 903. Consultation

    Current law requires the Attorney General to consult 
annually with Indian tribal governments on the Federal 
administration of programs funded by VAWA. This section 
requires the Attorney General to report to Congress on the 
annual consultations, and on the administration's 
recommendations for administering tribal funds and programs, 
enhancing the safety of Indian women, and strengthening the 
Federal response to such violent crimes.

Sec. 904. Tribal jurisdiction over crimes of domestic violence

    This section would recognize certain tribes' concurrent 
jurisdiction to investigate, prosecute, convict, and sentence 
persons who assault Indian spouses, intimate partners, or 
dating partners, or who violate protection orders, in Indian 
country. This provision recognizes that tribal nations may be 
best able to address violence in their own communities. Neither 
the United States nor any State would lose any criminal 
jurisdiction as a result. This section effectively guarantees 
that defendants will have the same rights in tribal court as in 
State court, including due-process rights and an indigent 
defendant's right to free appointed counsel meeting Federal 
constitutional standards. It also authorizes grants to assist 
tribes with carrying out this section.
    The authorized funding for this section is $5 million.

Sec. 905. Tribal protection orders

    At least one Federal court has misinterpreted 18 U.S.C. 
2265 to hold that tribes lack civil jurisdiction to issue and 
enforce protection orders against certain non-Indians who 
reside on reservation lands. This undermines the ability of 
tribal courts to protect victims and maintain public safety. 
This section clarifies the intent of current law, namely that 
tribal courts have full civil jurisdiction to issue and enforce 
certain protection orders involving any persons, Indian or non-
Indian. The language of this section does not in any way alter, 
diminish, or expand tribal criminal jurisdiction or existing 
tribal authority to exclude individuals from Indian land.

Sec. 906. Amendments to the Federal assault statute

    This section amends the Federal Criminal Code to provide a 
ten-year offense for assaulting a spouse, intimate partner, or 
dating partner by strangling or suffocating; a five-year 
offense for assaulting a spouse, intimate partner, or dating 
partner resulting in substantial bodily injury; and a one-year 
offense for assaulting a person by striking, beating or 
wounding. These changes will enable Federal prosecutors to more 
effectively combat three types of assault frequently committed 
against women in Indian country and to appropriately address 
the gradual escalation of seriousness often associated with 
domestic violence offenses.

Sec. 907. Analysis and research on violence against Indian women

    This section expands a baseline study of violence committed 
against Indian women to include women in Alaska Native Villages 
and sex trafficking crimes. Authorized funding for the study is 
maintained at $1 million. This section also maintains the $1 
million authorization for tribal sex offender registries.

Sec. 908. Effective dates; pilot project

    This section sets the effective date for this title as the 
date of enactment for the bill with the exception of section 
904 which would go into effect two years after the date of 
enactment. This delay is intended to give tribes time to amend 
their codes and procedures as necessary to exercise the 
jurisdiction established by section 904. For tribes wishing to 
implement the changes in section 904 on an accelerated basis, 
this provision gives them a mechanism to do so through a pilot 
project.

Sec. 909. Indian Law and Order Commission

    This section extends the Indian Law and Order Commission 
reporting deadline from two years to three years. It also 
directs the Attorney General to report to Congress within one 
year after enactment whether the Alaska Rural Justice Law 
Enforcement Commission should be continued.

                         TITLE X--OTHER MATTERS

Sec. 1001. Criminal provisions relating to sexual abuse

    This section prohibits a person who has supervisory or 
custodial authority over a person who is under arrest, on 
pretrial release, on probation, or otherwise under supervision 
pending further judicial proceedings from engaging in sexual 
activity with the person who is under his or her supervisory or 
custodial authority. Current law only prohibits such sexual 
activity with a person in official detention, yet the same 
imbalance of power and potential for abuse of authority exists 
in the supervised release context. This section would prohibit 
such conduct if it occurs in the special maritime and 
territorial jurisdiction of the United States or if the person 
engaging in the sexual activity was exercising Federal 
supervisory or custodial authority.
    This section also makes the penalties for criminal civil 
rights violations involving sexual abuse consistent with the 
penalties for sexual abuse in other Federal statutes. 
Currently, civil rights violations involving sexual abuse are 
punished only as misdemeanors, even though the same sexual 
misconduct would garner serious felony penalties under other 
Federal statutes if it occurred on Federal land or was within 
other Federal jurisdiction.

Sec. 1002. Sexual abuse in custodial settings

    This section reflects the congressional intent in passing 
the Prison Rape Elimination Act of 2003 (PREA) to prevent 
sexual assault in Federal facilities. That law required the 
Attorney General to adopt national standards for the detection, 
prevention, reduction, and punishment of rape and sexual 
assault in facilities under the authority of the Department of 
Justice. When PREA was introduced, all criminal and immigration 
detention facilities were under the authority of the Department 
of Justice. When the Homeland Security Act of 2002 was enacted, 
however, adult immigration authority was transferred to the 
Department of Homeland Security (DHS), and the authority for 
detaining unaccompanied minors was transferred to the 
Department of Health and Human Services (HHS). This provision 
would ensure that DHS and HHS facilities are covered by PREA.

Sec. 1003. Anonymous online harassment

    This section adds amends the Harassing Telephone Calls 
crime (47 U.S.C. Sec. 223) by removing the intent to ``annoy'' 
as an element of one of the crimes. It also modifies who may be 
an intended victim in order to cover harassing communications 
that are intended for, but not directly received by, a specific 
person.

Sec. 1004. Stalker database

    This section reauthorizes a grant program that helps ensure 
that data regarding stalking and domestic violence is 
accurately entered into local, State, and national crime 
information databases.

Sec. 1005. Federal victim assistants

    This section reauthorizes a grant program to appoint victim 
assistants who aid in the prosecution of sexual assault and 
domestic violence crimes.

Sec. 1006. Child abuse training for judicial personnel and 
        practitioners

    This section reauthorizes a training grant for judges, 
child welfare advocates, and other judicial personnel to 
improve child service agencies. This program has traditionally 
been reauthorized by VAWA.

Sec. 1007. Mandatory minimum sentence

    This section amends Federal criminal law to require a five-
year mandatory minimum sentence to the crime of aggravated 
sexual assault under 18 U.S.C. Sec. 2241(a).

Sec. 1008. Removal of drunk drivers

    This section adds habitual drunk driving to the list of 
aggravated felonies for which an alien may be deported. 
Specifically, a third drunk driving conviction will be treated 
as an aggravated felony under the Immigration and Nationality 
Act, leaving an alien subject to removal. The amendment has 
prospective effect only, as of the date of enactment of this 
legislation. It does not apply retroactively.

             IV. Congressional Budget Office Cost Estimate

    The cost estimate provided by the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974 was not available for inclusion in this report. The 
estimate will be printed in either a supplemental report or the 
Congressional Record when it is available.

                    V. Regulatory Impact Evaluation

    Passage of S. 1925 would require the promulgation of rules 
adopting national standards for the detection, prevention, 
reduction, and punishment for rape and sexual assault in 
facilities that maintain custody of aliens detained for a 
violation of the immigration laws of the United States.

                             VI. Conclusion

    This legislation builds upon Congress's commitment to 
comprehensively combat violence against women. It maintains and 
enhances the important programs and initiatives established in 
the Violence Against Women Act to prevent domestic violence, 
sexual assault, dating violence, and stalking; hold accountable 
the perpetrators of those terrible crimes when they occur; and 
provide services that help victims of these crimes put their 
lives back together. As with previous reauthorizations of VAWA, 
this bill includes modest modifications to respond to needs 
reported by those who work with victims of these crimes on a 
daily basis. The Committee recommends that the Senate pass this 
bill.

                          VII. Minority Views

                              ----------                              


     MINORITY VIEWS FROM SENATORS GRASSLEY, HATCH, KYL, AND CORNYN

    The Violence Against Women Act has been reauthorized 
several times since its original 1994 enactment, most recently 
in 2005. It has always been consensus and bipartisan 
legislation. If all S. 1925 did was reauthorize the valuable 
programs that VAWA authorizes, we would be supporters of the 
bill. We would even agree to many of the changes and additions 
to VAWA that are contained in S. 1925. However, the 
reauthorization before us goes far beyond the spirit and 
purpose of the original Act and adds new, controversial 
provisions that we cannot support as part of VAWA.
    It is unfortunate how the Judiciary Committee majority has 
proceeded in addressing VAWA, along with other bills, this 
Congress. The majority has performed the seemingly impossible 
feat of turning legislation that has enjoyed widespread, 
bipartisan support over many years into yet another bill that 
was reported on a party line vote. It is unfortunate that the 
majority proceeded to push through this legislation without a 
unified voice. The majority could have raised the issues that 
have destroyed the consensus of support for VAWA as part of the 
VAWA reauthorization process at the VAWA hearing that the 
Committee held. In theory, it could have gathered information 
that problems existed that current law did not address. It 
could have demonstrated that its proposals addressed actual 
problems, that the proposals had been carefully crafted to 
resolve those needs, that the consequences, including 
unintended consequences of these proposals had been identified 
and minimized. It did not do so.
    The majority could have asked us to provide input on 
prospective changes to VAWA before a bill was introduced. It 
did not do so. Instead, a proposal was sprung on the minority 
with no notice that it contained tangential provisions that 
have never been part of the bipartisan VAWA. The majority 
should have known that a bill that contained these items would 
never engender the support of Committee Republicans or would 
ever pass both houses of Congress. Yet the majority insisted on 
maintaining these provisions despite our initial response that 
no bipartisan support could be obtained so long as they 
remained in the bill. They remained and the bipartisan support 
vanished that could have been obtained.
    The majority has continued to pursue a process that has 
failed to produce the results that it seeks. Time and again, 
the majority has passed bills out of the Judiciary Committee on 
a party line vote. Time and again, those bills have not become 
law. The Committee's reported version of VAWA reauthorization 
will also not become law. For the sake of the victims of 
domestic violence in this country, we urge the majority to work 
with us to develop another truly bipartisan VAWA bill that can 
pass both houses and be signed into law.
    We outline below our specific concerns about the bill that 
the Committee reported. We note, however, that time continues 
to elapse. The time that could have been used to perpetuate 
VAWA on a consensus basis was wasted on a bill that will not 
pass. It is not too late to reauthorize VAWA, but 
reauthorization will require that our significant objections to 
the reported bill be alleviated. So far, there has been an 
unwillingness to take our position into account. We urge our 
colleagues to act responsibly.
    The Violence Against Women Act has done much good over the 
years. We have seen in our states the services that are 
provided and the victims who are helped. We agree with the 
majority and with supporters of the bill that the programs that 
VAWA currently funds should be reauthorized. But it does not 
follow that therefore S. 1925 should be enacted. And supporters 
should know that whether or not a reauthorization bill passes, 
VAWA will still be funded. No reauthorization is needed for 
that to occur. In fact, the current VAWA authorization has 
expired. We would prefer that VAWA be funded under the prior 
consensus authorization law than under the provisions of S. 
1925.
    In its handling of legislation to reauthorize VAWA, the 
Judiciary Committee majority did agree to hold a hearing on the 
legislation. The minority focused on problems that have arisen 
with the current legislation: a failure to ensure the tracking 
of funds to reach the intended recipients and the fraud that 
has occurred in granting visas to immigrant spouses who falsely 
claim abuse at the hands of their American spouse. We believe 
that the Chairman was receptive to changes to the program for 
which a need was demonstrated at the hearing.
    We raise our concerns with respect to the non-consensus 
items that were included in S. 1925 in the hope that the 
majority will be persuaded to change course in time to once 
again develop a consensus bill to reauthorize VAWA that can 
become law.

               TRIBAL COURT JURISDICTION OVER NON-INDIANS

    Section 904 of S. 1925 would make significant changes in 
the prosecution of domestic violence crimes in Indian Country. 
The Committee's consideration of the issue has been shockingly 
cursory. The report contains one paragraph that addresses these 
changes, and does nothing more than repeat those paragraphs in 
its section by section analysis of section 904. We believe that 
much deeper inquiry is necessary.
    For instance, section 904 of S. 1925 states that it 
recognizes the ``inherent power'' of Indian tribes ``which is 
hereby recognized and affirmed, to exercise special domestic 
violence criminal jurisdiction over all persons.'' ``[A]ll 
persons'' includes non-Indians. S. 1925, for the first time in 
the nation's history, would extend to tribal courts criminal 
jurisdiction over non-Indians. That is a significant change. 
The majority report does not even mention this fact. It does 
not explain why the change is necessary. It cites no evidence 
of need for the change. It does not explain why its proposed 
solution is the right one, will effectively address the problem 
and will not raise additional problems, and will not establish 
any negative precedent for the future. It was not the subject 
of any hearing in the Judiciary Committee, notwithstanding its 
significance.
    All the majority says is that ``tribal nations may be best 
able to address violence in their own communities.'' Maybe they 
are best able. Maybe they are not. The majority report offers 
only speculation as a basis to change the law in an 
unprecedented way. It has not and does not identify any reason 
for this change.
    The majority report also suggests that it desires to 
prosecute a broad spectrum of domestic violence offenses. It 
offers no reason based on the experience of tribal courts in 
criminally prosecuting Indians across a broad spectrum of 
domestic violence cases to support its assertion that the 
changes in section 904 are warranted.
    The majority report correctly notes that section 904 
``requires participating tribes to grant defendants all rights 
guaranteed by the United States Constitution and authorizes 
grants to assist tribes with carrying out this section.'' On 
what basis is the majority report confident that all tribes are 
able to provide all defendants with all rights guaranteed by 
the United States Constitution? Do the tribes have the 
expertise and resources to do so? On what basis does it think 
that the relatively small amount of money to provide grants to 
tribes will be sufficient to ensure that these defendants will 
be provided all rights in all prosecutions authorized under 
section 904? What is the estimate on caseload, cost, and other 
effects on the docket of federal district courts that would 
have to consider habeas corpus proceedings brought after tribal 
courts exercised their ``inherent powers'' under section 904? 
So far as is evident, the majority report has given no thought 
whatsoever to any of these matters.
    Nor has the majority report considered the changes in law 
enforcement operations that would occur if this provision 
became law, the positives and negatives of the ensuing 
transition, what resources would be needed, and what oversight 
would occur of these proceedings.
    There is no question concerning the importance of federal 
responsibility for law enforcement and social services for 
Indian tribes. And we believe in tribal self-government. But 
the law today makes clear that there is no inherent power of 
tribes to do anything of the sort the bill says. Self-
government is not government over ``all persons''--including 
non-Indians. Because tribes lack this power, it is untrue to 
say that Congress can recognize and affirm it. And the bill 
goes much further than changing something for the future. It 
says that something inherently already exists that does not now 
exist.
    Why would Congress, should it decide for the first time to 
make such a change, do so on a bill to reauthorize VAWA? Why 
should domestic violence cases be the first criminal cases to 
be treated in this way? What precedent would be created that 
might lead to other prosecutions of non-Indians in tribal 
courts?
    The best way to improve the enforcement of laws against 
domestic violence in Indian territory is for the federal 
government to provide the appropriate resources necessary to 
fulfill those important responsibilities. The substitute 
amendment that Senator Grassley offered would strike these 
provisions until the dimensions of any problem, the 
advisability of the proposed changes, the effect of changing 
existing law enforcement relationships, and the other 
fundamental questions we have raised have been studied, 
answered, and addressed.

                        UNDERSERVED POPULATIONS

    Section 3 of S. 1925 would prohibit discrimination by 
grantees on the basis of sexual orientation or gender identity. 
The majority report states that different laws, such as the 
Omnibus Crime Control and Safe Streets Act and Title VI of the 
Civil Rights Act of 1964, which govern different VAWA grant 
programs, contain inconsistent anti-discrimination language. 
The majority contends that its language ``codif[ies] and 
ensure[s] consistency in civil rights protections.'' However, 
Section 3 codifies nothing. It adds new provisions to the law 
that exist in neither of the underlying laws that govern VAWA 
grant programs. In fact, it adds new provisions that do not 
apply to any federal grant programs. It does so once again, 
without the Committee having held any hearing to determine that 
these provisions are needed. Rather than treating all domestic 
violence victims as individuals who deserve services on the 
basis of their individuality, the bill pits victims against 
victims based on group membership status.
    Of course, we agree that shelters and other grant 
recipients should provide services equally to everyone. This 
provision, however, is a solution in search of a problem. 
Instead, it appears to be only a political statement that 
should not be made on a bill that is designed to address actual 
needs of victims. The majority and advocates of this provision 
have not produced data that shelters have refused to provide 
services for these reasons. This is true even after we were 
told they would send a report on the subject. We continue to 
speak with advocates to determine what evidence, if any, exists 
that shows that individuals are being denied domestic violence 
related services by entities that receive taxpayer funds under 
VAWA. Very shortly before the deadline for this report, we 
received anecdotal information on the subject, but persuasive 
data and evidence of actual discrimination by VAWA grantees 
remains elusive.
    We agree that there is evidence that the current female-
specific statutory language of STOP grants under VAWA has been 
interpreted to deny funding to providers of services to men, 
including to gay men. Our substitute eliminates this language 
and statutorily-created discrimination.
    The substitute amendment we supported, EAS12031, authorizes 
a study to determine the reasons why domestic violence services 
are not provided to the individuals who do not receive them. We 
need real data on this subject. As the witness from the 
Government Accountability Office testified before the Committee 
in July, ``Having better and more complete data on the 
prevalence of domestic violence, sexual assault, dating 
violence, and stalking, as well as related services provided to 
victims of these crimes, can without a doubt better inform and 
shape the federal programs intended to meet the needs of these 
victims.'' This is precisely the type of information that will 
help ensure we aren't wasting money on ineffective programs. 
Once we have this data, then we can enact legislation that 
really serves those who are underserved.
    This provision is more than an aspirational statement that 
discrimination should not occur. Enforcement of this provision, 
as in other federal anti-discrimination provisions associated 
with the treatment of individuals by recipients of federal 
funds, would occur through litigation brought by the federal 
government. Regrettably, there is an insufficient capacity to 
provide services to all victims of domestic violence in this 
country. Some victims will necessarily not receive services at 
particular facilities at particular times. If it is enacted, 
individuals may claim that discrimination has occurred even if 
services have been denied for wholly non-discriminatory 
reasons. Federal bureaucrats will investigate. Lawsuits will be 
brought. Shelters and other providers of services to domestic 
violence will be required to expend resources that would 
otherwise be spent on such services on attorney fees instead. 
If there is no evidence that individuals are being 
discriminated by VAWA recipients for prohibited reasons, then 
enacting this provision could well harm the availability or 
quality of needed domestic violence services to all victims.
    S. 1925 creates so many new programs for underserved 
populations that it risks losing the focus on helping victims. 
For instance, the programs for youth now cover people who are 
up to age 24 and there is a program for older victims, defined 
as over 50. Most of the population is under 24 or over 50. But 
by definition, only a minority of the population can be 
underserved.
    There are so many programs for underserved groups that many 
women will be targeted by multiple programs. That does not make 
sense. Consider that men are victims of various kinds of sexual 
violence--as a letter from state Attorneys General points out, 
1 in 71 men outside prison is a rape victim. Those victims face 
a large social stigma in seeking help. Are we going to now 
create programs for underserved male victims as well? If every 
group is a priority, no group is a priority.

                             ACCOUNTABILITY

    S. 1925 contains some measures to enhance accountability 
for grantees but more is needed. The Department of Justice 
Inspector General (OIG) conducted a review of 22 individual 
VAWA grantees from 1998 to 2010. Of these 22 randomly selected 
grantees audited by the OIG, 21 were found to have some form of 
violation of grant requirements ranging from unauthorized and 
unallowable expenditures, to sloppy recordkeeping and failure 
to report in a timely manner.
    In 2010, one grantee was found by the Inspector General to 
have questionable costs for 93% of the nearly $900,000 they 
received from the Department of Justice. A 2009 audit found 
that nearly $500,000 of a $680,000 grant was questionable. 
These randomly selected audits raise serious questions about 
how the VAWA grantee is utilizing federal funds and whether the 
program is realizing its true potential given the significant 
amounts of funds that the OIG found were not expended on 
serving victims. Any dollar that is lost to fraud, waste, or 
abuse of programmatic requirements is a dollar that is not 
serving victims. We believe that those found to have abused 
program requirements should not continue to receive federal 
funds until they can prove that they have reformed their errant 
ways. Given the current fiscal environment and ballooning 
national debt, the American taxpayers deserve a baseline of 
accountability from those who have the privilege of receiving 
federal taxpayer funds.
    In addition to the OIG audits of individual grantees, the 
Government Accountability Office (GAO) testified, at Ranking 
Member Grassley's request, as part of the hearing on 
reauthorizing VAWA in July 2011.\1\ GAO's testimony followed up 
on work that was requested by Congress as part of the 2006 
reauthorization of VAWA. Specifically, this past work addressed 
the prevalence of domestic violence, dating violence, sexual 
assault, and stalking and the services available to the victims 
of each of these terrible crimes.\2\ GAO's testimony upheld the 
basic findings from 2006, namely, that current research as to 
the prevalence of domestic violence and sexual assault was 
limited and that less research was conducted on dating violence 
and stalking.\3\ GAO added that while efforts were underway at 
both the Department of Justice and the Department of Health and 
Human Services to increase the data collected nationwide on 
domestic violence, gaps remain in studying these 
occurrences.\4\ Further, GAO found that inconsistencies in 
reporting requirements across 11 different grant programs 
administered by the Department of Justice and the Department of 
Health and Human Services created uneven and inconsistent data 
on these various crimes.\5\ As a result, GAO concluded its 
testimony by stating, ``there are important issues to consider 
in moving forward on the reauthorization of VAWA. Having better 
and more complete data on the prevalence of domestic violence, 
sexual assault, dating violence, and stalking as well as 
related services provided to victims of these crimes can 
without a doubt better inform and shape federal programs 
intended to meet the needs of these victims.''\6\ 
Unfortunately, the majority's reauthorization bill fails to 
increase or harmonize the collection of data to support various 
VAWA initiatives, despite the work from the GAO dating back to 
the last reauthorization. We agree with the GAO's view that 
this data would not only be helpful to Congress as part of this 
reauthorization, but would also assist victims by ensuring that 
resources are adequately appropriated to impact those with, or 
providing services to those with, the greatest need.
---------------------------------------------------------------------------
    \1\The Violence Against Women Act: Building on 17 Years of 
Accomplishments: Hearing Before the Senate Comm. on the Judiciary, 
112th Cong. (July 13, 2011).
    \2\Id. (statement of Eileen Lawrence, Director, Homeland Security 
and Justice, U.S. Government Accountability Office).
    \3\Id. at 4.
    \4\Id.
    \5\Id. at 9.
    \6\Id. at 11.
---------------------------------------------------------------------------
    To address concerns about fraud, waste, and abuse of VAWA-
related grant programs, the Grassley substitute amendment 
included a comprehensive accountability package for VAWA 
grants. A similar package was included as part of the 
reauthorization of the Trafficking Victims Protection Act 
Reauthorization (S. 1301).\7\ As noted in the Additional Views 
to S. 1301, despite repeated assurances from the Justice 
Department that grant program oversight is paramount and that 
past maladies have been remedied, programmatic violations 
continue to occur. Given the difficult financial situation the 
federal government currently faces, we continue to believe only 
the most capable grantees that have demonstrated an ability to 
follow program requirements should be funded.
---------------------------------------------------------------------------
    \7\Trafficking Victims Protection Reauthorization Act of 2011, S. 
1301, 112th Cong. Sec. 226 (2011) (as reported from the Judiciary 
Committee).
---------------------------------------------------------------------------
    Specifically, this package of accountability reforms 
includes the following: (1) requires an annual audit of 10% of 
all grantees by the Inspector General; (2) requires a two-year 
exclusion for any grantee found to have an unresolved audit 
finding for more than twelve months; (3) requires the Attorney 
General to prioritize grants to grantees that do not have a 
negative audit finding for the last three fiscal years; (4) 
requires the Attorney General to reimburse the federal treasury 
if a barred grantee is awarded funds, then seek to recoup funds 
from the erroneous award to the grantee; (5) prohibits the 
Attorney General from awarding grants to any non-profit 
organization that holds money offshore for the purpose of 
avoiding unrelated business income tax (UBIT); (6) caps 
administrative expenses; (7) requires the Deputy Attorney 
General or Assistant Attorney General to pre-approve conference 
expenditures and annually report to Congress; (8) prohibits 
grantees from using taxpayer dollars to lobby for additional 
taxpayer funds; and (9) requires the Assistant Attorney General 
for the Office of Justice Programs, and Deputy Secretary of 
Health and Human Services to certify annually to Congress 
compliance with the mandatory exclusions and reimbursements 
contained in the bill.
    These accountability requirements are a commonsense 
proposal to ensure a baseline of accountability for federal 
grantees receiving federal funds under VAWA. They are a 
response to problems that have arisen in the VAWA program, in 
addition to others--including crossover with the TVPA 
administered by the Office of Justice Programs (OJP), the 
Office on Violence Against Women (OVW), and Community Oriented 
Policing Services (COPS). Although S. 1925 does include a 
modified version of some of these accountability proposals, and 
the majority report briefly outlines them, the provisions 
contained in S. 1925 are a watered down version of the same 
accountability proposals that were supported by a vote of 12-6, 
with all members of the majority supporting them. Notable 
differences between the Grassley substitute and S. 1925 include 
the fact that S. 1925 does not require a mandatory percentage 
of audits, but instead leaves it to the Inspector General to 
determine how many audits to conduct, and differences between 
limitations on conference expenditures. S. 1925 also fails to 
include a percentage limitation on how much the Department may 
use for administrative costs. Finally, and most importantly, S. 
1925 fails to include a limitation on using federal grants to 
lobby for additional grant dollars. These are important 
provisions. By omitting them, the accountability package in S. 
1925 is significantly weaker than previous accountability 
standards that the Committee adopted on TVPA, raising questions 
why the majority believes it is necessary to hold TVPA grantees 
more accountable than VAWA grantees.

                    AUTHORIZATION OF APPROPRIATIONS

    While S. 1925 takes a necessary step forward to reduce the 
authorization levels for VAWA that are grossly disproportionate 
to the annual appropriations, more work remains to address the 
current fiscal realities the federal government faces. S. 1925 
consolidates a number of VAWA grant programs into four and 
reduces the overall authorization by $135 million. However, the 
annual authorization of VAWA programs in S. 1925 is still 
$682.5 million per year for five years. Compared to annual 
appropriations of just over $500 million for Fiscal year 2012, 
that represents a nearly $182 million overage in authorizations 
compared to appropriations.
    The action of continually authorizing more money than is 
available via annual appropriations has real consequences. For 
example, continually overspending at the authorization levels 
send conflicting signals to the Appropriations Committee as to 
how to fund the programs. Over-authorizing has a practical 
effect as well--it essentially delegates the decision making 
process from the Judiciary Committee to the Appropriations 
Committee. Because the Appropriations Committee does not have 
enough money to fund every program we authorize at the levels 
we authorize, they become the ultimate decider of what is and 
is not funded. So, if the goal is to fund worthy programs, we 
should simply tell the Appropriations Committee what programs 
we want prioritized. Artificially inflating authorization 
levels to signal the funding worthiness of a program gives 
false hope to potential grantees and advocates. It also places 
the burden on the Appropriators to make difficult funding 
decisions, instead of making those difficult decisions in the 
Judiciary Committee.
    To address this concern, the Grassley substitute would 
reauthorize all key VAWA programs, including the new 
consolidated grant programs that S. 1925 would create, while 
reducing the authorization amount to recognize the current 
fiscal environment. The Grassley substitute would fund VAWA 
programs at $484.5 million over the 5 year period. This amount 
recognizes that the VAWA programs will likely remain funded at 
or below the $500 million appropriated in FY2012. It carefully 
balances those reductions by authorizing spending in line with 
annual appropriations. For example, the substitute would 
reauthorize the STOP Grants at $189 million per year, the same 
amount requested in President Obama's FY2013 Budget.\8\ 
Similarly, the substitute authorizes $23 million per year for 
the Sexual Assault Services Program, the same amount as 
requested by President Obama's FY2013 Budget.\9\ Both of these 
programs were also appropriated in FY2012 at the levels 
matching the proposed authorizations in the substitute and the 
President's FY2013 Budget request.
---------------------------------------------------------------------------
    \8\Office of Management and Budget, Fiscal Year 2013 Budget of the 
United States Government, Department of Justice, 805 (Feb. 13, 2012) 
available at http://www.whitehouse.gov/sites/default/files/omb/budget/
fy2013/assets/jus.pdf.
    \9\Id.
---------------------------------------------------------------------------
    Taken together, the authorizations in the Grassley 
substitute recognize the fiscal realities while at the same 
time ensuring that the Judiciary Committee maintains ultimate 
control over funding decisions for the VAWA programs it has the 
responsibility for reauthorizing.

           CONSOLIDATION OF OFFICE OF VIOLENCE AGAINST WOMEN

    The Office of Violence Against Women (OVW) was created in 
2002 when Congress passed legislation making it a permanent 
part of the Justice Department.\10\ This legislation created a 
third separate and distinct office within the Justice 
Department that awards grants. Together with the Office of 
Justice Programs (OJP) and the Community Oriented Policing 
Services Office (COPS), OVW awards and manages grants to state 
and local governments, and individual grantees awarded funding 
under VAWA and TVPA. Although these offices issue a number of 
grants to the same entity, namely state and local law 
enforcement, they continue to operate in different silos, 
focusing only on their distinct program mandates. Thus, it is 
entirely possible that individual grantees could receive 
funding from more than one of these entities for similar or 
identical purposes. In fact, the GAO recently testified before 
the Committee that under another grant program, grantees could 
utilize funding from one program to theoretically pay down the 
matching requirement of another grant administered by a 
different office.\11\ This same scenario could play out with a 
number of different grant programs that duplicate or overlap 
with corresponding grant programs administered by different 
awarding offices.
---------------------------------------------------------------------------
    \10\See 21st Century Department of Justice Appropriations 
Authorization Act of 2002, Pub. L. No. 107-243, 116 Stat. 1758 (Nov. 2, 
2002).
    \11\See, Protecting Those Who Protect Us: The Bulletproof Vest 
Partnership Grant Program: Hearing Before the Senate Comm. on the 
Judiciary, 112th Cong. (Feb. 15, 2012) (statement of David Maurer, 
Director, Homeland Security and Justice Team, U.S. Government 
Accountability Office).
---------------------------------------------------------------------------
    This situation creates administrative inefficiencies and 
also complicates the grant awarding process. To address these 
inefficiencies, the Grassley substitute would transition OVW to 
OJP as a component grant writing agency. This transfer is not 
an elimination of OVW as some have claimed. OVW would continue 
as a coordinate agency, within OJP, just as the Bureau of 
Justice Statistics (BJS), Bureau of Justice Assistance (BJA), 
Office of Juvenile Justice and Delinquency Prevention (OJJDP), 
and Office of Victims of Crime (OVC). This restructuring would 
allow OVW to leverage existing resources and efficiencies 
within OJP--namely, grant monitoring and oversight--while 
maintaining its role as the policy advisory arm to the Attorney 
General on domestic violence issues. The administrative 
transfer of OVW to OJP would not impact the OVW Director's role 
as the Counsel to the Attorney General on the subject of 
violence against women. Further, the OVW Director would still 
be presidentially appointed by and with the consent of the 
Senate, indicating no loss in stature for the Director nor the 
issue of violence against women.
    The administrative restructuring in the Grassley substitute 
is a necessary step to improve the efficiency and coordination 
of the grant awarding process at the Justice Department. More 
work remains to leverage the existing resources and eliminate 
potential duplication and overlap. This proposal is a step 
toward meeting that ultimate goal. It is unfortunate that S. 
1925 does not contain a corresponding realignment. However, it 
is our understanding that the GAO is currently reviewing the 
work of these three grant entities to determine whether 
duplication, overlap, and inefficiencies exist. We look forward 
to the results of this review and believe it will further 
enhance our call to consolidate these three grant awarding 
agencies into one.

                           IMMIGRATION ISSUES

    We also have concerns about some of the immigration 
provisions included in the Chairman's substitute. VAWA is meant 
to protect victims of violence and should not be transformed 
into a vehicle for expanding immigration laws.
    While we must do everything in our power to help victims of 
abuse and domestic violence, we cannot allow laws intended to 
prevent such abuse to be manipulated as a pathway to U.S. 
citizenship for foreign con artists and criminals.
    Despite the evidence received by the Committee, the 
Chairman's bill did nothing to fight fraud and abuse in the 
VAWA self-petitioning program or in the ``U'' visa process. At 
the hearing on July 13, 2011, the Committee heard the powerful 
testimony of Julie Poner.\12\ She described her personal 
experience as a victim of immigration marriage fraud and with 
the fraudulent use of VAWA self-petitions.\13\
---------------------------------------------------------------------------
    \12\The Violence Against Women Act: Building on 17 Years of 
Accomplishments, supra note 1.
    \13\Id. at 12-14, 234-38.
---------------------------------------------------------------------------
    The Committee also received written statements from more 
than 20 individuals who maintained that they were victims of 
marriage fraud or falsely accused as part of VAWA self-
petitions.\14\ These witnesses told of their first-hand 
experiences and how foreign nationals prey on U.S. citizens 
simply to get a green card. After the wedding ceremony, the 
foreign nationals lodged false allegations, sometimes of 
physical abuse, in order to get out of the marriage, collect 
alimony, and secure a green card. Witnesses have said that 
their side of the story was never heard, because under the 
process used by the United States Citizenship and Immigration 
Services (USCIS), the citizen's side of the story is not 
considered. The USCIS handles all of these green card 
applications in one remote service center that relies 
exclusively on the paper work, without interviewing either the 
allegedly abused foreign national or the accused citizen.
---------------------------------------------------------------------------
    \14\Id. at 58-66, 107-10, 263-65, 290-91, 307-29.
---------------------------------------------------------------------------
    The Committee also received written testimony from John 
Sampson, who had 27 years of experience as a senior deportation 
officer with the U.S. Immigration and Customs Enforcement (ICE) 
and its predecessor agency.\15\ He described immigration fraud 
as being at an ``epidemic'' level.\16\ Michael Cutler, who had 
30 years of experience with the Immigration and Naturalization 
Service (INS), submitted similar written testimony.\17\
---------------------------------------------------------------------------
    \15\Id. at 239-58.
    \16\Id. at 239.
    \17\Id. at 92-101.
---------------------------------------------------------------------------
    We were encouraged at the hearing when the Chairman 
acknowledged the impact of Ms. Poner's testimony and instructed 
his staff to speak with her.\18\ Consequently, we hoped that 
immigration fraud would be addressed in the bill introduced by 
the majority. However, the bill introduced by the Chairman did 
not include a single provision that addressed immigration fraud 
in VAWA self-petitions or in other visas.
---------------------------------------------------------------------------
    \18\Id. at 16.
---------------------------------------------------------------------------
    Senator Grassley's amendment would address the issue of 
fraud. First it would have improved the process for VAWA self-
petitions, requiring an in-person interview of the applicant. 
Currently, these petitions are adjudicated exclusively on the 
paper work. Also, as part of the adjudication, the 
investigative officer would have determined whether any law 
enforcement agency had undertaken an investigation or 
prosecution of the abusive conduct alleged by the petitioning 
alien. If a criminal proceeding found the citizen not guilty of 
the charges, the VAWA application would have been denied. 
Finally, if an investigative officer made a written finding 
that the petitioning alien made a material misrepresentation, 
it would be grounds for deportation.
    The Grassley substitute would also strengthen the 
requirements for a ``U'' visa. This change was needed in light 
of the efforts to effectively eliminate the role of law 
enforcement agencies in the ``U'' visa process and to eliminate 
the requirement that an alien actually help with an 
investigation before receiving a ``U'' visa. Under current law, 
the requirements for receiving a ``U'' visa are generous.\19\ 
There is no requirement that an investigation be commenced as a 
result of the alien reporting the crime. There is no time 
period within which an alien has to report the crime. The crime 
could have occurred years before it is reported and there could 
be no way to identify the perpetrator. Moreover, the alien 
seeking the ``U'' visa could even have a criminal record of 
their own.
---------------------------------------------------------------------------
    \19\See U Visa Law Enforcement Certification Resource Guide for 
Federal, State, Local, Tribal and Territorial Law Enforcement, 8-14 
(available at www.dhs.gov/files/resources/u-visa-law-enforcement-
guide.shtm).
---------------------------------------------------------------------------
    In addition to confirming that the alien has been helpful 
with an investigation, each law enforcement certification would 
have had to confirm that:
          (1) the alien reported the criminal activity to a law 
        enforcement agency within 60 days of its occurrence;
          (2) the statute of limitations for prosecuting an 
        offense based on the criminal activity has not lapsed;
          (3) the criminal activity is actively under 
        investigation or a prosecution has been commenced;
          (4) the alien has information that will assist in 
        identifying the perpetrator of the criminal activity 
        and/or the perpetrator's identity is known; and
          (5) the alien has provided a copy of written 
        documentation, signed by a licensed medical doctor, 
        verifying that he or she suffered substantial physical 
        or mental abuse as a result of having been a victim of 
        a qualifying criminal activity.
    With these changes,``U'' visas would have become a true law 
enforcement tool. The additional requirements would have 
ensured that the help given is real and significantly advances 
an actual investigation or prosecution.
    The final immigration related section in Senator Grassley's 
amendment would require a report by the Government 
Accountability Office (GAO) to assess the efficiency and 
reliability of the process for reviewing applications for ``U'' 
visas and self-petitions under VAWA, including whether the 
process includes adequate safeguards against fraud and abuse, 
and to identify possible improvements in order to reduce fraud 
and abuse.
    We hope the majority will realize the need for reform in 
this area, and work to incorporate strong anti-fraud provisions 
to ensure that true victims of abuse and violence are 
protected.

        DRIVING UNDER THE INFLUENCE AS AN ``AGGRAVATED FELONY''

    We support the inclusion of Senator Grassley's amendment 
that would add habitual drunk driving to the list of aggravated 
felonies for which an alien may be deported.
    Individuals who drink and drive risk injuring, maiming, or 
killing innocent people. Under the Immigration and Nationality 
Act, foreign nationals are required to be of ``good moral 
character'' before they may adjust status or become citizens of 
the United States. Yet, despite this standard, these benefits 
can be obtained by aliens who are convicted of drunk driving 
offenses. Aliens cannot be deported for committing this crime, 
even if they do so on multiple occasions.
    On numerous occasions, undocumented individuals have taken 
innocent lives because they were driving under the influence of 
alcohol. In 2011, an undocumented alien in Cook County, 
Illinois, killed a man in a drunk driving accident. 
Unfortunately, he was released by the county and absconded. An 
illegal immigrant who was driving under the influence of 
alcohol killed a Catholic nun in Prince William County, 
Virginia, in 2010. He was a repeat offender, and never should 
have been allowed to remain in the country.
    Many other cases exist. Unfortunately, the law allows this 
to continue without repercussions for foreign nationals who are 
on the path to citizenship. These offenses should be classified 
as an aggravated felony.
    The Grassley amendment was accepted by the Senate Judiciary 
Committee by unanimous consent in 2006. The language from 2006 
was identical to language Senator Grassley offered during this 
year's markup of the VAWA reauthorization this year. Both 
versions contained language to include previous convictions as 
well as convictions entered on or after the date of enactment. 
During this year's markup, the Chairman moved to strike the 
language regarding previous convictions, which we opposed. 
Residing in the United States is a privilege, not a right. The 
Congress has every prerogative to dictate which behavior is 
acceptable, especially for non-citizens who should be of ``good 
moral character.'' Therefore, we favor making previous drunk 
driving offenses applicable under the amendment accepted by the 
Committee.
    The Committee's reported version of VAWA reauthorization 
will not become law. Successful reauthorization will require 
that our significant objections to the reported bill be 
alleviated. So far, there has been an unwillingness to take our 
position into account. For the sake of the victims of domestic 
violence in this country, we urge the majority to work with us 
to develop another truly bipartisan VAWA bill that can pass 
both houses and be signed into law.

                                   Charles E. Grassley.
                                   Orrin G. Hatch.
                                   Jon Kyl.
                                   John Cornyn.

      MINORITY VIEWS FROM SENATORS KYL, HATCH, SESSIONS AND COBURN

    We write separately to explain our objection to a provision 
of this bill that would, for the first time ever, give Indian 
tribal governments criminal jurisdiction over non-Indian 
individuals. We also object to a provision that would appear to 
allow an Indian tribe to expel a non-Indian from his own land, 
even if privately held in fee simple, if that land is within 
the outer boundaries of an Indian reservation.
    Tribes are racially defined institutions--all American 
Indian tribes require that their members have some tribal 
ancestry, and most require a specific quantum of Indian blood. 
Thus, even if a non-Indian has lived his entire life within the 
outer limits of an Indian reservation, because of his race and 
ancestry, he will be excluded from membership in the tribe and 
have no vote in tribal government elections.
    Because of their racially-defined nature, while tribal 
governments have jurisdiction over tribal members, it has long 
been understood that they have no criminal jurisdiction over 
non-Indians.\1\ The present bill's Sec. 904 would reverse this 
law and give Indian tribes the power to prosecute, convict, and 
imprison non-Indians. While the present bill's jurisdiction is 
limited to domestic-violence offenses, once such an extension 
of jurisdiction were established, there would be no principled 
reason not to extend it to other offenses as well.
---------------------------------------------------------------------------
    \1\See Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).
---------------------------------------------------------------------------
    A non-Indian subject to tribal jurisdiction would enjoy few 
meaningful civil-rights protections. This is largely a result 
of the tribes' unique nature. American Indian tribes are 
regarded as deriving their powers from a ``source of 
sovereignty [that is] . . . foreign to the constitutional 
institutions of the federal and state governments.''\2\ The 
tribes' powers are not delegated or created by the federal 
government--rather, they are ``inherent powers of a limited 
sovereignty which has never been extinguished.''\3\ One 
practical consequence of the reservation tribes' nature is that 
``[a]s separate sovereigns pre-existing the Constitution, 
tribes have historically been regarded as unconstrained by 
those constitutional provisions framed specifically as 
limitations on federal or state authority.''\4\ Courts have 
held, for example, that tribal governments are not bound by the 
Constitution's First, Fifth, or Fourteenth Amendments.\5\
---------------------------------------------------------------------------
    \2\Santa Clara Pueblo v. Martinez, 436 U.S. 49, 71 (1978).
    \3\United States v. Wheeler, 435 U.S. 313, 322 (1978).
    \4\Santa Clara Pueblo, 436 U.S. at 56.
    \5\See id. at 56 n.7.
---------------------------------------------------------------------------
    Congress applied parts (but not all) of the Bill of Rights 
to the tribes by statute in the Indian Civil Rights Act of 
1968. However, in the Santa Clara Pueblo case, the Supreme 
Court concluded that ICRA did not authorize a cause of action 
to enforce its guarantees (although prolonged detention can 
still be challenged via habeas corpus). Thus, even those 
constitutional rights that were applied to tribal governments 
through ICRA can only be enforced in tribal court.
    Even aside from their racially-exclusive nature, the 
absence of separation of powers and an independent judiciary in 
most tribal governments makes them an unsuitable vehicle for 
ensuring the protection of civil rights. As one Indian 
newspaper publisher has noted:

          In most tribal constitutions there is no separation 
        of powers. All power, legislative, executive and 
        judicial, is concentrated in or controlled by the 
        tribal council. . . . Because tribal government all too 
        often controls the tribal courts, directly or through 
        the power of appropriations, there is no oversight and 
        control of tribal councils.\6\
---------------------------------------------------------------------------
    \6\William J. Lawrence (publisher, Native American Press/Ojibwe 
News and member, Red Lake Band of Chippewa), Do Indian Reservations 
Equal Apartheid?, Ojibwe News (June 6, 2003), available at http://
www.perm.org/articles/a196.html; see also Jan Golab, Arnold 
Schwarzenenegger Girds For Indian War 40, American Enterprise (Jan./
Feb. 2004).
---------------------------------------------------------------------------
      Tribal members are victims as well--they have no legal 
      recourse against their own leaders or governments. . . . 
      They don't have a free press, or secret ballot, or freedom 
      of speech. Those who speak out often lose their jobs or 
      homes, and can be physically ejected from the reservation. 
      Tribal judges are not independent; they work for the tribal 
      government.
---------------------------------------------------------------------------
    Id.

    Tribal governments also enjoy nearly complete immunity from 
suit (even with respect to events that occur off the 
reservation).\7\ Tribal officials have successfully asserted 
sovereign immunity to avoid legal accountability for torts 
committed by tribal employees off the reservation,\8\ for 
sexual harassment of employees at tribal businesses,\9\ for 
violating workers compensation agreements, for fraud at Indian 
businesses, and for breaking contracts signed by the tribe.\10\
---------------------------------------------------------------------------
    \7\See Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 
523 U.S. 751 (1998).
    \8\Jan Golab, Arnold Schwarzenenegger Girds For Indian War 40, 
American Enterprise (Jan./Feb. 2004).
    \9\Bob Eighmie, Tribes use sovereignty to skirt legal judgments: 
U.S. courts have no jurisdiction over actions of Indian tribes, http://
www.citizensalliance.org/Major%20Issues/Sovereignty 
%20and%20Accountabilty%20Issues/Sovereign%20immunity%20Issues.htm (Feb. 
11, 2002).
    \10\Jim Marino, Indian Casino Gambling in California After Passage 
of Proposition 1A, Santa Ynez Valley Journal (May 6, 2010), available 
at http://www.syvjournal.com/archive/8/18/6351/; Bob Eighmie, Tribes 
use sovereignty to skirt legal judgments: U.S. courts have no 
jurisdiction over actions of Indian tribes, http://
www.citizensalliance.org/Major%20Issues/Sovereignty% 
20and%20Accountabilty%20Issues/Sovereign%20immunity%20Issues.htm (Feb. 
11, 2002).
---------------------------------------------------------------------------
    A state Judge testifying before the Senate Indian Affairs 
Committee described the impact that this combination of 
immunities has on the protection of civil rights under tribal 
jurisdiction:

          [On reservations, there are] no guarantees that civil 
        rights acts, Federal or State legislation against age 
        discrimination, gender discrimination, or sexual 
        discrimination will be honored . . . no guarantees of 
        OSHA, no guarantees of the Americans with Disabilities 
        Act, no guarantees of the right to unionize, nor the 
        right to teacher tenure laws, no right to the benefit 
        of Federal and State whistleblower statutes, . . . no 
        freedom of the press and no freedom of speech.\11\
---------------------------------------------------------------------------
    \11\Sovereign Immunity: Hearing Before the Senate Comm. On Indian 
Affairs, 105th Cong., 2d Sess. (Mar. 11, 1998), at 24 (Statement of 
R.A. Randall, Judge, Minnesota State Court of Appeals); see also Becky 
Johnson, Some Native American editors lose jobs after clashing with 
tribal officials, Smoky Mountain News (Sept. 8, 2004), available at 
http://www.smokymountain news.com/issues/09_04/09_08_04/
fr_editors_lose_jobs.html.

    This lack of civil-rights guarantees and avenues for their 
meaningful enforcement has resulted in tribal criminal-justice 
systems that fail to provide due process. For example, the Red 
Lake tribe of Minnesota has had an ordinance that provided that 
``the judge in a criminal case may render a verdict contrary to 
that reached by the jury.''\12\ A case has been reported on the 
reservation in which the jury voted 5-1 to acquit the 
defendant--but the tribal judge, citing the ordinance, 
nevertheless convicted the defendant and sentenced him to 
substantial jail time.\13\ Other tribes refuse to provide 
counsel to indigent defendants\14\--and even prevent defendants 
from employing counsel at their own expense.\15\
---------------------------------------------------------------------------
    \12\Granite Valley Hotel Ltd. P'ship v. Jackpot Junction Bingo & 
Casino, 559 N.W.2d 135, 145 (Minn. Ct. App. 1997) (Randall, J. 
concurring).
    \13\Id.
    \14\See Tom v. Sutton, 533 F.2d 1101, 1106 (9th Cir. 1976) (``The 
Lummi Tribal Court has interpreted Article VIII of the Lummi Tribal 
Constitution as permitting a person to have the assistance of counsel 
only at his own expense. We accept and agree with that 
construction.'').
    \15\See Granite Valley Hotel Ltd. P'ship v. Jackpot Junction Bingo 
& Casino, 559 N.W.2d 135, 146 (Minn. Ct. App. 1997) (Randall, J. 
concurring) (noting that some tribes in Minnesota ``have prevented 
litigants in tribal court from bringing in the attorney of their own 
choosing . . . [and some] do not let you bring in your own attorney on 
family law matters.'').
---------------------------------------------------------------------------
    Lest the prospect of such abuses being committed against 
non-Indians residing within reservation boundaries fail to move 
the committee majority, allow us to cite an example of the 
practical effect of Sec. 904 that should prick the conscience 
of every member of the committee:
    In addition to the aforementioned legal immunities and 
sovereign immunity, tribes are traditionally regarded as having 
inherent authority to determine who is a tribal member.\16\ In 
the 1980s and 1990s, the Seminole and Cherokee tribes of 
Oklahoma, for various financial and political reasons, decided 
to use this power in order to expel all of their African-
American members.\17\ In some cases, the expelled individuals' 
black ancestors had been members of the tribe for centuries. 
Although the racial discrimination in these actions was obvious 
(tribal members with white blood were not expelled), the 
expelled African-American members were unable to obtain any 
relief. Federal courts held that the tribes are not bound by 
antidiscrimination laws and are, in any, event immune from 
suit, and the black members' lawsuits were dismissed.\18\
---------------------------------------------------------------------------
    \16\See Cohen's Handbook of Federal Indian Law, 2005 edition, 
Sec. 4.01[2][b].
    \17\See generally Davis v. United States, 199 F. Supp. 2d 1164, 
1167-71 (W.D. Okla. 2002) aff'd sub nom. Davis ex rel. Davis v. United 
States, 343 F.3d 1282 (10th Cir. 2003); Andrew Metz, A Nation Divided: 
Seminole rift more than a black-and-white issue, Newsday (Dec. 22, 
2003), available at http://www.newsday.com/news/a-nation-divided-
seminole-rift-more-than-a-black-and-white-issue-1.250433; Brent 
Staples, Editorial, Editorial Observer; When Racial Discrimination Is 
Not Just Black and White, New York Times (Sept. 12, 2003), available at 
http://www.nytimes.com/2003/09/12/opinion/editorial-observer-when-
racial-discrimination-is-not-just-black-and-white.html
    \18\See Nero v. Cherokee Nation of Oklahoma, 892 F.2d 1457 (10th 
Cir. 1989); Davis v. United States, 343 F.3d 1282 (2003) (Seminole 
Nation).
---------------------------------------------------------------------------
    Such mass tribal expulsions are not uncommon. Tribes have 
expelled large numbers of their members when they have begun to 
receive substantial revenues from casino gambling (fewer 
members means a larger slice of the pie for each remaining 
member),\19\ or in order to quell or punish political 
dissent.\20\
---------------------------------------------------------------------------
    \19\Marc Cooper, Tribal Flush: Pechanga People ``Disenrolled'' en 
Masse: On the eve of what could be the largest gambling expansion in 
U.S. history, a tale of power, betrayal and lost Indian heritage, LA 
Weekly (Jan. 3, 2008), available at http://www.laweekly.com/2008-01-03/
news/tribal-flush-pechanga-people-disenrolled-en-masse/; James Dao, In 
California, Indian Tribes With Casino Cast Off Members, New York Times 
(Dec. 12, 2011), available at http://www.nytimes.com/2011/12/13/us/
california-indian-tribes-eject-thousands-of-
members.html?pagewanted=all.
    \20\James May, Disenrolled tribal members recall tribal council, 
Indian County Today Media Network (Feb. 2, 2005), available at http://
indiancountrytodaymedianetwork.com/ictarchives/2005/02/02/disenrolled-
tribal-members-recall-tribal-council-94454 (``Perhaps not 
coincidentally, the same 70 people who signed the recall petition 
[against the tribal council] were then informed that they were subject 
to disenrollment.'').
---------------------------------------------------------------------------
    The present bill does nothing to correct the injustices 
that were committed against the black Seminoles and Cherokees. 
It does not authorize them to bring suit in federal court for 
application of anti-discrimination laws, or even bar the 
federal government from distributing benefits to tribal members 
on the basis of such discrimination. What this bill does offer 
the black Seminoles and Cherokees (and other expelled members) 
is the opportunity to be prosecuted, convicted, and imprisoned 
by tribal officials (perhaps the same tribal officials who 
expelled them) if they continue to live on or near tribal 
lands.
    One final provision of this bill deserves comment. Section 
905 would amend Sec. 2265 of title 18 to authorize tribal 
authorities to ``exclude'' non-Indians ``from Indian land . . . 
in matters arising anywhere in the Indian country of the tribe 
(as defined in section 1151).'' The word ``Indian land'' is not 
defined in title 18. To the extent that it means the same 
things as ``Indian country'' under Sec. 1151, however, this 
provision would allow Indian tribes to bar non-Indians from 
residing on their own property, privately held in fee simple, 
when that property is within the outer boundaries of an Indian 
reservation.\21\
---------------------------------------------------------------------------
    \21\Because of the Allotment Act of 1887 and similar subsequent 
legislation, a substantial amount of land within the exterior 
boundaries of Indian reservations is owned in fee simple by non-
Indians. See Atkinson Trading Co., Inc. v. Shirley, 532 U.S. 645, 651 
n.1 (2001) (``[N]early 90 million acres of non-Indian fee land had been 
acquired as part of the Indian General Allotment Act.''); see, e.g., 
Montana v. U.S., 450 U.S. 544, 548 (1981) (``[A]pproximately 28 percent 
[of the Crow Reservation in Montana] is held in fee by non-Indians.'')
---------------------------------------------------------------------------
    Section 1151 defines ``Indian country'' for purposes of 
defining the geographic scope of federal criminal jurisdiction 
in cases involving Indians. ``Indian country'' includes, in 
relevant part, ``all land within the limits of any Indian 
reservation under the jurisdiction of the United States 
Government, notwithstanding the issuance of any patent, and, 
including rights-of-way running through the reservation.'' This 
definition has long been understood to apply to land that is 
privately owned by non-Indians within the limits of an Indian 
reservation.\22\ In other words, Sec. 905 of this bill would 
literally allow a tribe to exclude a non-Indian from his own 
privately-held land.\23\
---------------------------------------------------------------------------
    \22\See Seymour v. Superintendent, 368 U.S. 351, 357-58 (1962). The 
apparent purpose of extending federal criminal jurisdiction over all 
lands within the outer limits of the reservation, regardless of 
ownership, was to avoid creating ``an impractical pattern of 
checkerboard jurisdiction.'' Id. at 358.
    \23\According to the latest census data, a substantial number of 
non-Indians live within reservation boundaries. See U.S. Department of 
Commerce, Economics and Statistics Administration, U.S. Census Bureau, 
The American Indian and Alaskan Native Population: 2010 12-14 (Jan. 
2012), available at http://www.census.gov/prod/cen2010/briefs/c2010br-
10.pdf.
---------------------------------------------------------------------------
    If this committee and the Indian Affairs committee\24\ are 
serious about this issue--if this is more than just an 
election-year ploy to paint opponents of the bill as ``anti-
Indian''--then we would propose an obvious solution to the 
problem of gaps in criminal jurisdiction over non-Indians on 
reservations: in cases where the United States declines to 
prosecute an offense committed on a reservation by a non-
Indian, state authorities should be allowed to do so, 
regardless of the race of the victim.\25\
---------------------------------------------------------------------------
    \24\Provisions identical to Sec. Sec. 904 and 905 of this bill 
appear in S. 1763, the Save Native Women Act, which has been reported 
by the Indian Affairs Committee.
    \25\States have long been recognized as having criminal 
jurisdiction over offenses occurring on an Indian reservation when both 
the perpetrator and the victim are non-Indian. See Draper v. United 
States, 164 U.S. 240 (1896).
---------------------------------------------------------------------------
    State authorities are accountable to Indians and non-
Indians alike, and are subject to effective and enforceable 
civil rights protections. And most states already provide 
substantial welfare, education, and health-care services on 
Indian reservations--the notion of sovereign ``tribal 
territory'' that is immune from the reach of state law is more 
legal fiction than governmental reality. There is no good 
reason not to give states and their local governments 
jurisdiction to prosecute offenses committed by non-Indians 
within Indian reservations.
                                   Jon Kyl.
                                   Orrin G. Hatch.
                                   Jeff Sessions.
                                   Tom Coburn.

              MINORITY VIEWS FROM SENATORS COBURN AND LEE

    We write these views to explain our vote opposing S. 1925, 
Violence Against Women Reauthorization Act (VAWA), as amended 
by Senator Leahy's committee substitute, and Senator Coburn's 
vote opposing Senator Grassley's substitute considered at the 
Senate Judiciary Committee's February markup. We have several 
outstanding concerns with this legislation, some of which were 
reflected in the amendments Senator Coburn circulated for the 
February markup. In particular, we believe this legislation 
violates the principles of federalism outlined in the 
Constitution, fails to completely address duplication and 
overlap both within VAWA programs and with non-VAWA programs 
administered by both the Department of Justice (DOJ) and the 
Department of Health and Human Services (HHS), ignores the 
continuing problem of grant management and waste, fraud and 
abuse at the Office of Violence Against Women (OVW), and 
disregards our country's fragile financial condition, which has 
worsened significantly since the last VAWA reauthorization in 
2005.
    First and foremost, we do not think anyone would disagree 
with the fact that violence of any type against women, 
domestic, dating or sexual violence, is reprehensible and 
should not be tolerated. However, regardless of the extent of 
this or any other problem, we must carefully weigh the proper 
role of the federal government so Congress does not violate its 
limited authority under the Constitution. Domestic violence 
laws, like most other criminal laws, are state laws, and 
nowhere in the Constitution is the federal government tasked 
with providing basic funding to states, localities, and private 
organizations to operate programs aimed at victims of state 
crimes such as domestic violence. Far too often, Congress 
infringes upon the rights of the people and the states by 
overreaching in its legislative efforts.
    Although many VAWA programs are laudable, they are not the 
federal government's responsibility. In fact, the entire 
purpose of this legislation is to provide funding for state, 
local, non-profit, and victim services grantees to serve 
victims of state crimes, such as domestic violence, stalking, 
and sexual violence. These crimes and the treatment of its 
victims are appropriately in the jurisdiction of the states, 
not the federal government. In light of our current economic 
crisis, Congress must evaluate each and every program to 
determine: (1) if it is Constitutional; (2) whether it is a 
federal responsibility; and (3) whether it is a priority. 
Combating violence against women is certainly a priority, but 
it is not a federal responsibility.
    Second, this legislation fails to completely address the 
duplication and overlap within VAWA programs and with non-VAWA 
programs operated by both the DOJ and HHS. At the beginning of 
every Congress, Senator Coburn sends to each senator his letter 
outlining the criteria he will use to evaluate legislation. 
This Congress, it was also signed by seven other members. The 
VAWA reauthorization violates several of those criteria, 
including elimination and consolidation of duplicative programs 
prior to reauthorization.
    While we recognize the legislation does consolidate some 
programs, it has not eliminated all duplication. There are 
several VAWA grant programs that are so broad that they 
duplicate one another, providing multiple opportunities for 
grantees to double dip into federal funds. In addition, the 
Family Violence Prevention and Services Act (FVPSA), which pre-
dates the original VAWA legislation, authorized several HHS 
programs aimed at reducing domestic violence and helping 
victims. Several of those programs fund the same types of 
services as those authorized by the VAWA grants in this 
legislation. As a nation, we simply cannot afford to 
reauthorize programs that waste taxpayer dollars by duplicating 
programs operated by other federal agencies for the same 
purposes. To be clear, addressing duplication and overlap is 
not a matter of refusing to provide services to victims of 
domestic violence, but rather it is to ensure they are properly 
served by programs that are efficient, effective and not bogged 
down in federal government bureaucracy.
    Third, both the Government Accountability Office (GAO) and 
the DOJ Office of the Inspector General (DOJ OIG) have 
repeatedly documented the failure of OVW to manage its grants 
and monitor its grantees effectively. Overall, DOJ has long had 
problems with its grant management. The DOJ OIG has published 
for more than a decade a list of the Top 10 Management 
Challenges at the DOJ. Grant management, unfortunately, has 
appeared on that list ever since the inception of this 
evaluation, with OVW being called out as particularly 
problematic.
    Since 2001, GAO has noted various problems at OVW and with 
particular VAWA grants. With regard to OVW grant management, 
GAO noted grants awarded by OVW ``often lacked the 
documentation necessary to ensure that the required monitoring 
activities occurred.''\1\ As a result OVW ``was not positioned 
to systematically determine staff compliance with monitoring 
requirements and assess overall performance.''\2\
---------------------------------------------------------------------------
    \1\Statement of Laurie E. Ekstrand, Director, Justice Issues, 
United States General Accounting Office, before the Committee on the 
Judiciary, Subcommittee on Crime and Drugs, United States Senate, April 
16, 2002, at 2.
    \2\Id. at 2-3.
---------------------------------------------------------------------------
    Even our constituents have directly experienced OVW 
mismanagement. For example, the Oklahoma District Attorneys 
Council, which is the Oklahoma state administrative agency for 
many federal grants, has had specific, documented problems with 
the poor job OVW has been doing in its grant management and 
oversight. OVW does not answer or return phone calls in a 
timely manner and has consistently been unavailable to answer 
grantees' questions in the middle of the work week. Moreover, 
in the last 4 years that Oklahoma has received one particular 
VAWA grant, OVW has failed to perform even one site visit to 
check on the implementation of the grant and the grantee's use 
of federal funds.
    After more than a decade of significant challenges, it is 
our hope the DOJ OIG will be able to remove grant management 
from DOJ's Top 10 management challenges. However, until that 
occurs, it is the job of this committee to ensure we are not 
turning a blind eye to DOJ's failure to properly administer 
taxpayer funds through federal grant programs, including those 
authorized by VAWA.
    Fourth, the fiscal condition of our country has worsened 
dramatically since the original passage of this bill in 1994 
and the last reauthorization in 2005. In fact, at the end of 
2005, our national debt was approximately $8.1 trillion.\3\ It 
is now over $15.4 trillion--a growth of over $7.3 trillion in 
just over 6 years.\4\ The federal government is in no position 
to spend more money on any grant programs without offsets. We 
simply cannot afford it.
---------------------------------------------------------------------------
    \3\Treasury Direct, available at http://www.savingsbonds.gov/NP/
NPGateway, accessed February 28, 2012.
    \4\Id.
---------------------------------------------------------------------------
    Although Chairman Leahy recognized the inordinately high 
authorization levels in the last VAWA reauthorization by 
reducing some of those amounts, the bill continues to inflate 
the actual funding we know Congress will provide to VAWA 
grantees. The adopted substitute authorizes approximately $659 
million in grants each year for 5 years, totaling $3.3 billion. 
None of these funds are offset. The 2005 VAWA reauthorization 
provided approximately $779 million per year for 5 years, 
totaling $3.89 billion. Thus, while S. 1925 reauthorizes a 
total of $590 million less than the 2005 VAWA reauthorization, 
this total is still much higher than actual past 
appropriations.
    In fact, from 2007-2011, Congress appropriated a total of 
$2.71 billion for VAWA grant programs, which is $590 million 
less than this bill's authorized funding. From 2007-2011, 
although Congress authorized a total of $3.89 billion, it 
actually appropriated $1.18 billion less than that figure 
($2.71 billion). Thus, while S. 1925 may reduce authorizations, 
it still provides a total authorization that is significantly 
higher than total VAWA appropriations over the past 5 years. If 
we know, based on past funding history, that it is highly 
unlikely Congress will ever provide to VAWA grantees the level 
of funding authorized in this legislation, why would we send a 
false message to grantees by retaining such inflated estimates 
in VAWA?
    Fifth, we also have concerns about a section of this bill 
that allows a tribal court to have jurisdiction over non-
Indians who commit a domestic violence crime in Indian country 
or against an Indian. The language explicitly provides that the 
self-governance of a tribe includes the right ``to exercise 
special domestic violence criminal jurisdiction over all 
persons.'' To our knowledge, this is the first time the federal 
government has given Indian Courts jurisdiction over ``all 
persons.'' While we recognize domestic violence is a serious 
problem in Indian country, this change could cause particular 
problems with tribes in Oklahoma. Oklahoma has no reservations, 
but it does have 39 separate Indian governments. The individual 
allotment lands and trust lands are small and dispersed within 
Oklahoma communities and counties. The tribes do not have large 
continuous land bases, and because of its unique history, many 
Oklahomans claim Indian enrollment, but have no relationship to 
the tribe or a tribal community.
    Further, the Bill of Rights does not apply in Indian 
courts. Instead, most of the protections are preserved because 
of the Indian Civil Rights Act, but it does not preserve all 
rights. For example, the Indian Civil Rights Act only 
guarantees right to counsel at an individual's own expense. If 
the ``all persons'' language is as absolute as it appears, it 
could allow a non-Indian to be tried in tribal court without 
the full protection of the Constitution. S. 1925 includes 
language that says: ``In a criminal proceeding in which a 
participating tribe exercises special domestic violence 
criminal jurisdiction, the participating tribe shall provide to 
the defendant . . . 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.'' Still, we are not 
certain this is enough and are afraid it will be subject to 
future court challenges.
    Proponents of this provision argue that such allowances to 
tribal courts are necessary because no one is prosecuting non-
Indian offenders, and that may be true in some cases. But, 
instead of creating a conflict between Indian country and the 
federal government's jurisdiction over American citizens who 
commit specific crimes, we believe we should deal with the 
bigger problem by holding the Department of Justice and local 
U.S. Attorneys accountable for not prosecuting these cases.
    Finally, while we applaud and support Senator Grassley's 
effort to further reduce authorizations to more appropriately 
reflect past appropriations, to increase accountability at the 
DOJ, and to address problematic definitions, immigration 
provisions and criminal statutes in his committee substitute 
amendment, for many of the same reasons we outlined above, we 
also have grave concerns with his substitute. Although his 
legislation is likely a better alternative than S. 1925, it 
still runs counter to our basic constitutional concerns with 
VAWA programs. Thus, we did not sign on to his minority views, 
but rather submitted our own.
    As a result, we cannot support S. 1925, as reported by the 
Senate Judiciary Committee, or give full support to Senator 
Grassley's substitute as circulated for committee 
consideration.

                                   Tom Coburn.
                                   Mike Lee.

      VIII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1925, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 8--ALIENS AND NATIONALITY

           *       *       *       *       *       *       *


CHAPTER 12--IMMIGRATION AND NATIONALITY

           *       *       *       *       *       *       *


Subchapter I--General Provisions

           *       *       *       *       *       *       *


SEC. 1101. DEFINITIONS.

           *       *       *       *       *       *       *


    (a)(15)(U)(i) subject to section 1184(p) of this title, an 
alien who files a petition for status under this subparagraph, 
if the Secretary of Homeland Security determines that--
          (I) the alien has suffered substantial physical or 
        mental abuse as a result of having been a victim of 
        criminal activity described in clause (iii);
          (II) the alien (or in the case of an alien child 
        under the age of 16, the parent, guardian, or next 
        friend of the alien) possesses information concerning 
        criminal activity described in clause (iii);
          (III) the alien (or in the case of an alien child 
        under the age of 16, the parent, guardian, or next 
        friend of the alien) has been helpful, is being 
        helpful, or is likely to be helpful to a Federal, 
        State, or local law enforcement official, to a Federal, 
        State, or local prosecutor, to a Federal or State 
        judge, to the Service, or to other Federal, State, or 
        local authorities investigating or prosecuting criminal 
        activity described in clause (iii); and
          (IV) the criminal activity described in clause (iii) 
        violated the laws of the United States or occurred in 
        the United States (including in Indian country and 
        military installations) or the territories and 
        possessions of the United States;
    (ii) if accompanying, or following to join, the alien 
described in clause (i)--
          (I) in the case of an alien described in clause (i) 
        who is under 21 years of age, the spouse, children, 
        unmarried siblings under 18 years of age on the date on 
        which such alien applied for status under such clause, 
        and parents of such alien; or
          (II) in the case of an alien described in clause (i) 
        who is 21 years of age or older, the spouse and 
        children of such alien; and
    (iii) the criminal activity referred to in this clause is 
that involving one or more of the following or any similar 
activity in violation of Federal, State, or local criminal law: 
rape; torture; trafficking; incest; domestic violence; sexual 
assault; abusive sexual contact; prostitution; sexual 
exploitation; stalking; female genital mutilation; being held 
hostage; peonage; involuntary servitude; slave trade; 
kidnapping; abduction; unlawful criminal restraint; false 
imprisonment; blackmail; extortion; manslaughter; murder; 
felonious assault; witness tampering; obstruction of justice; 
perjury; or attempt, conspiracy, or solicitation to commit any 
of the above mentioned crimes; or

           *       *       *       *       *       *       *

    (a)(43)(F) a crime of violence (as defined in section 16 of 
Title 18, but not including a purely political offense) [for 
which the term of imprisonment], 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 at least one year;

           *       *       *       *       *       *       *


Subchapter II--Immigration

           *       *       *       *       *       *       *


PART I--SELECTION SYSTEM

           *       *       *       *       *       *       *


SEC. 1154. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

           *       *       *       *       *       *       *


    (l) Surviving Relative Consideration for Certain Petitions 
and Applications.--
          (1) In general.--An alien described in paragraph (2) 
        who resided in the United States at the time of the 
        death of the qualifying relative and who continues to 
        reside in the United States shall have such petition 
        described in paragraph (2), or an application for 
        adjustment of status to that of a person admitted for 
        lawful permanent residence based upon the family 
        relationship described in paragraph (2), and any 
        related applications, adjudicated notwithstanding the 
        death of the qualifying relative, unless the Secretary 
        of Homeland Security determines, in the unreviewable 
        discretion of the Secretary, that approval would not be 
        in the public interest.
          (2) Alien described.--An alien described in this 
        paragraph is an alien who, immediately prior to the 
        death of his or her qualifying relative, was--
                  (A) the beneficiary of a pending or approved 
                petition for classification as an immediate 
                relative (as described in section 
                1151(b)(2)(A)(i) of this title);
                  (B) the beneficiary of a pending or approved 
                petition for classification under section 
                1153(a) or (d) of this title;
                  (C) a derivative beneficiary of a pending or 
                approved petition for classification under 
                section 1153(b) of this title (as described in 
                section 1153(d) of this title);
                  (D) the beneficiary of a pending or approved 
                refugee/asylee relative petition under section 
                1157 or 1158 of this title;
                  (E) an alien admitted in ``T'' nonimmigrant 
                status as described in section 
                1101(a)(15)(T)(ii) of this title or in ``U'' 
                nonimmigrant status as described in section 
                1101(a)(15)(U)(ii) of this title; [or]
                  (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
                  [(F)] (G) an asylee (as described in section 
                1158(b)(3) of this title).

           *       *       *       *       *       *       *


    PART II--ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF 
CITIZENS AND ALIENS

           *       *       *       *       *       *       *


SEC. 1182. INADMISSIBLE ALIENS.

           *       *       *       *       *       *       *


    (a)(4) Public Charge.--
          (A) In general.--Any alien who, in the opinion of the 
        consular officer at the time of application for a visa, 
        or in the opinion of the Attorney General at the time 
        of application for admission or adjustment of status, 
        is likely at any time to become a public charge is 
        inadmissible.
          (B) Factors to be taken into account.--
                  (i) In determining whether an alien is 
                inadmissible under this paragraph, the consular 
                officer or the Attorney General shall at a 
                minimum consider the alien's--
                          (I) age;
                          (II) health;
                          (III) family status;
                          (IV) assets, resources, and financial 
                        status; and
                          (V) education and skills.
                  (ii) In addition to the factors under clause 
                (i), the consular officer or the Attorney 
                General may also consider any affidavit of 
                support under section 1183a of this title for 
                purposes of exclusion under this paragraph.
          (C) Family-sponsored immigrants.--Any alien who seeks 
        admission or adjustment of status under a visa number 
        issued under section 1151(b)(2) or 1153(a) of this 
        title is inadmissible under this paragraph unless--
                  (i) the alien has obtained--
                          (I) status as a spouse or a child of 
                        a United States citizen pursuant to 
                        clause (ii), (iii), or (iv) of section 
                        1154(a)(1)(A) of this title;
                          (II) classification pursuant to 
                        clause (ii) or (iii) of section 
                        1154(a)(1)(B) of this title; or
                          (III) classification or status as a 
                        VAWA self-petitioner; or
                  (ii) the person petitioning for the alien's 
                admission (and any additional sponsor required 
                under section 1183a(f) of this title or any 
                alternative sponsor permitted under paragraph 
                (5)(B) of such section) has executed an 
                affidavit of support described in section 1183a 
                of this title with respect to such alien.
          (D) Certain employment-based immigrants.--Any alien 
        who seeks admission or adjustment of status under a 
        visa number issued under section 1153(b) of this title 
        by virtue of a classification petition filed by a 
        relative of the alien (or by an entity in which such 
        relative has a significant ownership interest) is 
        inadmissible under this paragraph unless such relative 
        has executed an affidavit of support described in 
        section 1183a of this title with respect to such alien.
          (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. 1184. ADMISSION OF NONIMMIGRANTS.

           *       *       *       *       *       *       *


    (d) Issuance of Visa to Fiancee or Fiance of Citizen.--
          (1) A visa shall not be issued under the provisions 
        of section 1101(a)(15)(K)(i) of this title until the 
        consular officer has received a petition filed in the 
        United States by the fiancee or fiance of the applying 
        alien and approved by the Secretary of Homeland 
        Security. The petition shall be in such form and 
        contain such information as the Secretary of Homeland 
        Security shall, by regulation, prescribe. Such 
        information shall include information on any criminal 
        convictions of the petitioner for any specified 
        [crime.] 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). It 
        shall be approved only after satisfactory evidence is 
        submitted by the petitioner to establish that the 
        parties have previously met in person within 2 years 
        before the date of filing the petition, have a bona 
        fide intention to marry, and are legally able and 
        actually willing to conclude a valid marriage in the 
        United States within a period of ninety days after the 
        alien's arrival, except that the Secretary of Homeland 
        Security in his discretion may waive the requirement 
        that the parties have previously met in person. In the 
        event the marriage with the petitioner does not occur 
        within three months after the admission of the said 
        alien and minor children, they shall be required to 
        depart from the United States and upon failure to do so 
        shall be removed in accordance with sections 1229a and 
        1231 of this title.
          (2)(A) Subject to subparagraphs (B) and (C), [a 
        consular officer] the Secretary of Homeland Security 
        may not approve a petition under paragraph (1) unless 
        [the officer] the Secretary has verified that--
                  (i) the petitioner has not, previous to the 
                pending petition, petitioned under paragraph 
                (1) with respect to two or more applying 
                aliens; and
                  (ii) if the petitioner has had such a 
                petition previously approved, 2 years have 
                elapsed since the filing of such previously 
                approved petition.
          (B) The Secretary of Homeland Security may, in the 
        Secretary's discretion, waive the limitations in 
        subparagraph (A) if justification exists for such a 
        waiver. Except in extraordinary circumstances and 
        subject to subparagraph (C), such a waiver shall not be 
        granted if the petitioner has a record of violent 
        criminal offenses against a person or persons.
          (C)(i) The Secretary of Homeland Security is not 
        limited by the criminal court record and shall grant a 
        waiver of the condition described in the second 
        sentence of subparagraph (B) in the case of a 
        petitioner described in clause (ii).
          (ii) A petitioner described in this clause is a 
        petitioner who has been battered or subjected to 
        extreme cruelty and who is or was not the primary 
        perpetrator of violence in the relationship upon a 
        determination that--
                  (I) the petitioner was acting in self-
                defense;
                  (II) the petitioner was found to have 
                violated a protection order intended to protect 
                the petitioner; or
                  (III) the petitioner committed, was arrested 
                for, was convicted of, or pled guilty to 
                committing a crime that did not result in 
                serious bodily injury and where there was a 
                connection between the crime and the 
                petitioner's having been battered or subjected 
                to extreme cruelty.
          (iii) In acting on applications under this 
        subparagraph, the Secretary of Homeland Security shall 
        consider any credible evidence relevant to the 
        application. The determination of what evidence is 
        credible and the weight to be given that evidence shall 
        be within the sole discretion of the Secretary.
          (3) In this subsection:
                  (A) The terms ``domestic violence'', ``sexual 
                assault'', ``child abuse and neglect'', 
                ``dating violence'', ``elder abuse'', and 
                ``stalking'' have the meaning given such terms 
                in section 3 of the Violence Against Women and 
                Department of Justice Reauthorization Act of 
                2005.
                  (B) The term ``specified crime'' means the 
                following:
                          (i) Domestic violence, sexual 
                        assault, child abuse and neglect, 
                        dating violence, elder [abuse, and 
                        stalking.] abuse, stalking, or an 
                        attempt to commit any such crime.
                          (ii) Homicide, murder, manslaughter, 
                        rape, abusive sexual contact, sexual 
                        exploitation, incest, torture, 
                        trafficking, peonage, holding hostage, 
                        involuntary servitude, slave trade, 
                        kidnapping, abduction, unlawful 
                        criminal restraint, false imprisonment, 
                        or an attempt to commit any of the 
                        crimes described in this clause.
                          (iii) At least three convictions for 
                        crimes relating to a controlled 
                        substance or alcohol not arising from a 
                        single act.

           *       *       *       *       *       *       *

    (p) Requirements Applicable to Section 1101(a)(15)(U) 
Visas.--
          (1) Petitioning procedures for section 1101(a)(15)(u) 
        visas.--The petition filed by an alien under section 
        1101(a)(15)(U)(i) of this title shall contain a 
        certification from a Federal, State, or local law 
        enforcement official, prosecutor, judge, or other 
        Federal, State, or local authority investigating 
        criminal activity described in section 
        1101(a)(15)(U)(iii) of this title. This certification 
        may also be provided by an official of the Service 
        whose ability to provide such certification is not 
        limited to information concerning immigration 
        violations. This certification shall state that the 
        alien ``has been helpful, is being helpful, or is 
        likely to be helpful'' in the investigation or 
        prosecution of criminal activity described in section 
        1101(a)(15)(U)(iii) of this title.
          (2) Numerical limitations.--
                  (A) [The number] Except as provided in 
                subparagraph (C), the number of aliens who may 
                be issued visas or otherwise provided status as 
                nonimmigrants under section 1101(a)(15)(U) of 
                this title in any fiscal year shall not exceed 
                10,000.
                  (B) The numerical limitations in subparagraph 
                (A) shall only apply to principal aliens 
                described in section 1101(a)(15)(U)(i) of this 
                title, and not to spouses, children, or, in the 
                case of alien children, the alien parents of 
                such children.
                  (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) Duties of the attorney general with respect to 
        ``u'' visa nonimmigrants.--With respect to nonimmigrant 
        aliens described in subsection (a)(15)(U) of section 
        1101 of this title--
                  (A) the Attorney General and other government 
                officials, where appropriate, shall provide 
                those aliens with referrals to nongovernmental 
                organizations to advise the aliens regarding 
                their options while in the United States and 
                the resources available to them; and
                  (B) the Attorney General shall, during the 
                period those aliens are in lawful temporary 
                resident status under that subsection, provide 
                the aliens with employment authorization.
          (4) Credible evidence considered.--In acting on any 
        petition filed under this subsection, the consular 
        officer or the Attorney General, as appropriate, shall 
        consider any credible evidence relevant to the 
        petition.
          (5) Nonexclusive relief.--Nothing in this subsection 
        limits the ability of aliens who qualify for status 
        under section 1101(a)(15)(U) of this title to seek any 
        other immigration benefit or status for which the alien 
        may be eligible.
          (6) Duration of status.--The authorized period of 
        status of an alien as a nonimmigrant under section 
        1101(a)(15)(U) of this title shall be for a period of 
        not more than 4 years, but shall be extended upon 
        certification from a Federal, State, or local law 
        enforcement official, prosecutor, judge, or other 
        Federal, State, or local authority investigating or 
        prosecuting criminal activity described in section 
        1101(a)(15)(U)(iii) of this title that the alien's 
        presence in the United States is required to assist in 
        the investigation or prosecution of such criminal 
        activity. The Secretary of Homeland Security may 
        extend, beyond the 4-year period authorized under this 
        section, the authorized period of status of an alien as 
        a nonimmigrant under section 1101(a)(15)(U) of this 
        title if the Secretary determines that an extension of 
        such period is warranted due to exceptional 
        circumstances. Such alien's nonimmigrant status shall 
        be extended beyond the 4-year period authorized under 
        this section if the alien is eligible for relief under 
        section 1255(m) of this title and is unable to obtain 
        such relief because regulations have not been issued to 
        implement such section and shall be extended during the 
        pendency of an application for adjustment of status 
        under section 1255(m) of this title. The Secretary may 
        grant work authorization to any alien who has a 
        pending, bona fide application for nonimmigrant status 
        under section 1101(a)(15)(U) of this title.
          (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.

           *       *       *       *       *       *       *

    (r) Visas of Nonimmigrants Described in Section 
1101(a)(15)(K)(ii).--
          (1) A visa shall not be issued under the provisions 
        of section 1101(a)(15)(K)(ii) of this title until the 
        consular officer has received a petition filed in the 
        United States by the spouse of the applying alien and 
        approved by the Attorney General. The petition shall be 
        in such form and contain such information as the 
        Attorney General shall, by regulation, prescribe. Such 
        information shall include information on any criminal 
        convictions of the petitioner for any specified 
        [crime.] 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).
          (2) In the case of an alien seeking admission under 
        section 1101(a)(15)(K)(ii) of this title who concluded 
        a marriage with a citizen of the United States outside 
        the United States, the alien shall be considered 
        inadmissible under section 1182(a)(7)(B) of this title 
        if the alien is not at the time of application for 
        admission in possession of a valid nonimmigrant visa 
        issued by a consular officer in the foreign state in 
        which the marriage was concluded.
          (3) In the case of a nonimmigrant described in 
        section 1101(a)(15)(K)(ii) of this title, and any child 
        of such a nonimmigrant who was admitted as 
        accompanying, or following to join, such a 
        nonimmigrant, the period of authorized admission shall 
        terminate 30 days after the date on which any of the 
        following is denied:
                  (A) The petition filed under section 1154 of 
                this title to accord the principal alien status 
                under section 1151(b)(2)(A)(i) of this title.
                  (B) The principal alien's application for an 
                immigrant visa pursuant to the approval of such 
                petition.
                  (C) The principal alien's application for 
                adjustment of status under section 1255 of this 
                title pursuant to the approval of such 
                petition.
          (4)(A) The Secretary of Homeland Security shall 
        create a database for the purpose of tracking multiple 
        visa petitions filed for fiance(e)s and spouses under 
        clauses (i) and (ii) of section 1101(a)(15)(K) of this 
        title. Upon approval of a second visa petition under 
        section 1101(a)(15)(K) of this title for a fiance(e) or 
        spouse filed by the same United States citizen 
        petitioner, the petitioner shall be notified by the 
        Secretary that information concerning the petitioner 
        has been entered into the multiple visa petition 
        tracking database. All subsequent fiance(e) or spouse 
        nonimmigrant visa petitions filed by that petitioner 
        under such section shall be entered in the database.
          (B)(i) Once a petitioner has had two fiance(e) or 
        spousal petitions approved under clause (i) or (ii) of 
        section 1101(a)(15)(K) of this title, if a subsequent 
        petition is filed under such section less than 10 years 
        after the date the first visa petition was filed under 
        such section, the Secretary of Homeland Security shall 
        notify both the petitioner and beneficiary of any such 
        subsequent petition about the number of previously 
        approved fiance(e) or spousal petitions listed in the 
        database.
          [(ii) A copy of the information and resources 
        pamphlet on domestic violence developed under section 
        1375a(a) of this title shall be mailed to the 
        beneficiary along with the notification required in 
        clause (i).]
          (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)).
          (5) In this subsection:
                  (A) The terms ``domestic violence'', ``sexual 
                assault'', ``child abuse and neglect'', 
                ``dating violence'', ``elder abuse'', and 
                ``stalking'' have the meaning given such terms 
                in section 3 of the Violence Against Women and 
                Department of Justice Reauthorization Act of 
                2005.
                  (B) The term ``specified crime'' means the 
                following:
                          (i) Domestic violence, sexual 
                        assault, child abuse and neglect, 
                        dating violence, elder [abuse, and 
                        stalking.] abuse, stalking, or an 
                        attempt to commit any such crime.
                          (ii) Homicide, murder, manslaughter, 
                        rape, abusive sexual contact, sexual 
                        exploitation, incest, torture, 
                        trafficking, peonage, holding hostage, 
                        involuntary servitude, slave trade, 
                        kidnapping, abduction, unlawful 
                        criminal restraint, false imprisonment, 
                        or an attempt to commit any of the 
                        crimes described in this clause.
                          (iii) At least three convictions for 
                        crimes relating to a controlled 
                        substance or alcohol not arising from a 
                        single act.

           *       *       *       *       *       *       *


SEC. 1186A. ADMISSION OF NONIMMIGRANTS.

           *       *       *       *       *       *       *


    (c) Requirements of Timely Petition and Interview for 
Removal of Condition.--
          (1) In general.--In order for the conditional basis 
        established under subsection (a) of this section for an 
        alien spouse or an alien son or daughter to be 
        removed--
                  (A) the alien spouse and the petitioning 
                spouse (if not deceased) jointly must submit to 
                the Attorney General, during the period 
                described in subsection (d)(2) of this section, 
                a petition which requests the removal of such 
                conditional basis and which states, under 
                penalty of perjury, the facts and information 
                described in subsection (d)(1) of this section, 
                and
                  (B) in accordance with subsection (d)(3) of 
                this section, the alien spouse and the 
                petitioning spouse (if not deceased) must 
                appear for a personal interview before an 
                officer or employee of the Department of 
                Homeland Security respecting the facts and 
                information described in subsection (d)(1) of 
                this section.
          (2) Termination of permanent resident status for 
        failure to file petition or have personal interview.--
                  (A) In general.--In the case of an alien with 
                permanent resident status on a conditional 
                basis under subsection (a) of this section, 
                if--
                          (i) no petition is filed with respect 
                        to the alien in accordance with the 
                        provisions of paragraph (1)(A), or
                          (ii) unless there is good cause 
                        shown, the alien spouse and petitioning 
                        spouse fail to appear at the interview 
                        described in paragraph (1)(B),
                the Attorney General shall terminate the 
                permanent resident status of the alien as of 
                the second anniversary of the alien's lawful 
                admission for permanent residence.
                  (B) Hearing in removal proceeding.--In any 
                removal proceeding with respect to an alien 
                whose permanent resident status is terminated 
                under subparagraph (A), the burden of proof 
                shall be on the alien to establish compliance 
                with the conditions of paragraphs (1)(A) and 
                (1)(B).
          (3) Determination after petition and interview.--
                  (A) In general.--If--
                          (i) a petition is filed in accordance 
                        with the provisions of paragraph 
                        (1)(A), and
                          (ii) the alien spouse and petitioning 
                        spouse appear at the interview 
                        described in paragraph (1)(B), the 
                        Attorney General shall make a 
                        determination, within 90 days of the 
                        date of the interview, as to whether 
                        the facts and information described in 
                        subsection (d)(1) of this section and 
                        alleged in the petition are true with 
                        respect to the qualifying marriage.
                  (B) Removal of conditional basis if favorable 
                determination.--If the Attorney General 
                determines that such facts and information are 
                true, the Attorney General shall so notify the 
                parties involved and shall remove the 
                conditional basis of the parties effective as 
                of the second anniversary of the alien's 
                obtaining the status of lawful admission for 
                permanent residence.
                  (C) Termination if adverse determination.--If 
                the Attorney General determines that such facts 
                and information are not true, the Attorney 
                General shall so notify the parties involved 
                and, subject to subparagraph (D), shall 
                terminate the permanent resident status of an 
                alien spouse or an alien son or daughter as of 
                the date of the determination.
                  (D) Hearing in removal proceeding.--Any alien 
                whose permanent resident status is terminated 
                under subparagraph (C) may request a review of 
                such determination in a proceeding to remove 
                the alien. In such proceeding, the burden of 
                proof shall be on the Attorney General to 
                establish, by a preponderance of the evidence, 
                that the facts and information described in 
                subsection (d)(1) of this section and alleged 
                in the petition are not true with respect to 
                the qualifying marriage.
          (4) Hardship waiver.--[The Attorney General, in the 
        Attorney General's] The Secretary of Homeland Security, 
        in the Secretary's discretion, may remove the 
        conditional basis of the permanent resident status for 
        an alien who fails to meet the requirements of 
        paragraph (1) if the alien demonstrates that--
                  (A) extreme hardship would result if such 
                alien is removed[,];
                  (B) the qualifying marriage was entered into 
                in good faith by the alien spouse, but the 
                qualifying marriage has been terminated (other 
                than through the death of the spouse) and the 
                alien was not at fault in failing to meet the 
                requirements of paragraph [(1), or] (1); or
                  (C) the qualifying marriage was entered into 
                in good faith by the alien spouse and during 
                the marriage the alien spouse or child was 
                battered by or was the subject of extreme 
                cruelty perpetrated by his or her spouse or 
                citizen or permanent resident parent and the 
                alien was not at fault in failing to meet the 
                requirements of paragraph (1)[.]; or
                  (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).
        In determining extreme hardship, the [Attorney General] 
        Secretary of Homeland Security shall consider 
        circumstances occurring only during the period that the 
        alien was admitted for permanent residence on a 
        conditional basis. In acting on applications under this 
        paragraph, the [Attorney General] Secretary shall 
        consider any credible evidence relevant to the 
        application. The determination of what evidence is 
        credible and the weight to be given that evidence shall 
        be within the sole discretion of the [Attorney 
        General.] Secretary. The [Attorney General] Secretary 
        shall, by regulation, establish measures to protect the 
        confidentiality of information concerning any abused 
        alien spouse or child, including information regarding 
        the whereabouts of such spouse or child.

           *       *       *       *       *       *       *


PART IX--MISCELLANEOUS

           *       *       *       *       *       *       *



SEC. 1375A. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS 
                    AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

    (a) Information for K Nonimmigrants on Legal Rights and 
Resources for Immigrant Victims of Domestic Violence.--
          (1) In general.--The Secretary of Homeland Security, 
        in consultation with the Attorney General and the 
        Secretary of State, shall develop an information 
        pamphlet, as described in paragraph (2), on legal 
        rights and resources for immigrant victims of domestic 
        violence and distribute and make such pamphlet 
        available as described in paragraph (5). In preparing 
        such materials, the Secretary of Homeland Security 
        shall consult with nongovernmental organizations with 
        expertise on the legal rights of immigrant victims of 
        battery, extreme cruelty, sexual assault, and other 
        crimes.
          (2) Information pamphlet.--The information pamphlet 
        developed under paragraph (1) shall include information 
        on the following:
                  (A) The K nonimmigrant visa application 
                process and the marriage-based immigration 
                process, including conditional residence and 
                adjustment of status.
                  (B) The illegality of domestic violence, 
                sexual assault, and child abuse in the United 
                States and the dynamics of domestic violence.
                  (C) Domestic violence and sexual assault 
                services in the United States, including the 
                National Domestic Violence Hotline and the 
                National Sexual Assault Hotline.
                  (D) The legal rights of immigrant victims of 
                abuse and other crimes in immigration, criminal 
                justice, family law, and other matters, 
                including access to protection orders.
                  (E) The obligations of parents to provide 
                child support for children.
                  (F) Marriage fraud under United States 
                immigration laws and the penalties for 
                committing such fraud.
                  (G) A warning concerning the potential use of 
                K nonimmigrant visas by United States citizens 
                who have a history of committing domestic 
                violence, sexual assault, child abuse, or other 
                crimes and an explanation that such acts may 
                not have resulted in a criminal record for such 
                a citizen.
                  (H) Notification of the requirement under 
                subsection (d)(3)(A) of this section that 
                international marriage brokers provide foreign 
                national clients with background information 
                gathered on United States clients from searches 
                of [Federal and State sex offender public 
                registries] the National Sex Offender Public 
                Website and collected from United States 
                clients regarding their marital history and 
                domestic violence or other violent criminal 
                history, but that such information may not be 
                complete or accurate because the United States 
                client may not have a criminal record or may 
                not have truthfully reported their marital or 
                criminal record.
          (3) Summaries.--The Secretary of Homeland Security, 
        in consultation with the Attorney General and the 
        Secretary of State, shall develop summaries of the 
        pamphlet developed under paragraph (1) that shall be 
        used by Federal officials when reviewing the pamphlet 
        in interviews under subsection (b) of this section.
          (4) Translation.--
                  (A) In general.--In order to best serve the 
                language groups having the greatest 
                concentration of K nonimmigrant visa 
                applicants, the information pamphlet developed 
                under paragraph (1) shall, subject to 
                subparagraph (B), be translated by the 
                Secretary of State into foreign languages, 
                including Russian, Spanish, Tagalog, 
                Vietnamese, Chinese, Ukrainian, Thai, Korean, 
                Polish, Japanese, French, Arabic, Portuguese, 
                Hindi, and such other languages as the 
                Secretary of State, in the Secretary's 
                discretion, may specify.
                  (B) Revision.--Every 2 years, the Secretary 
                of Homeland Security, in consultation with the 
                Attorney General and the Secretary of State, 
                shall determine at least 14 specific languages 
                into which the information pamphlet is 
                translated based on the languages spoken by the 
                greatest concentrations of K nonimmigrant visa 
                applicants.
          (5) Availability and distribution.--The information 
        pamphlet developed under paragraph (1) shall be made 
        available and distributed as follows:
                  (A) Mailings to k nonimmigrant visa 
                applicants.--
                          (i) The pamphlet shall be mailed by 
                        the Secretary of State to each 
                        applicant for a K nonimmigrant visa at 
                        the same time that the instruction 
                        packet regarding the visa application 
                        process is mailed to such applicant. 
                        The pamphlet so mailed shall be in the 
                        primary language of the applicant or in 
                        English if no translation into the 
                        applicant's primary language is 
                        available.
                          (ii) The Secretary of Homeland 
                        Security shall provide to the Secretary 
                        of State, for inclusion in the mailing 
                        under clause (i), a copy of the 
                        petition submitted by the petitioner 
                        for such applicant under subsection (d) 
                        or (r) of section 1184 of this title.
                          (iii) The Secretary of Homeland 
                        Security shall provide to the Secretary 
                        of [State any] State, for inclusion in 
                        the mailing described in clause (i), 
                        any criminal background information the 
                        Secretary of Homeland Security 
                        possesses with respect to a petitioner 
                        under subsection (d) or (r) of section 
                        1184 of this title. The Secretary of 
                        State, in turn, shall share any such 
                        criminal background information that is 
                        in government records or databases with 
                        the K nonimmigrant visa applicant who 
                        is the beneficiary of the petition. The 
                        visa applicant shall be informed that 
                        such criminal background information is 
                        based on available records and may not 
                        be complete. The Secretary of State 
                        also shall provide for the disclosure 
                        of such criminal background information 
                        to the visa applicant at the consular 
                        interview in the primary language of 
                        the visa applicant. [Nothing in this 
                        clause shall be construed to authorize 
                        the Secretary of Homeland Security to 
                        conduct any new or additional criminal 
                        background check that is not otherwise 
                        conducted in the course of adjudicating 
                        such petitions.]
                          (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.
                  (B) Consular access.--The pamphlet developed 
                under paragraph (1) shall be made available to 
                the public at all consular posts. The summaries 
                described in paragraph (3) shall be made 
                available to foreign service officers at all 
                consular posts.
                  (C) Posting on federal websites.--The 
                pamphlet developed under paragraph (1) shall be 
                posted on the websites of the Department of 
                State and the Department of Homeland Security, 
                as well as on the websites of all consular 
                posts processing applications for K 
                nonimmigrant visas.
                  (D) International marriage brokers and victim 
                advocacy organizations.--The pamphlet developed 
                under paragraph (1) shall be made available to 
                any international marriage broker, government 
                agency, or nongovernmental advocacy 
                organization.
          (6) Deadline for pamphlet development and 
        distribution.--The pamphlet developed under paragraph 
        (1) shall be distributed and made available (including 
        in the languages specified under paragraph (4)) not 
        later than 120 days after January 5, 2006.
    (b) Visa and Adjustment Interviews.--
          (1) Fiance(e)s, spouses and their derivatives.--
        During an interview with an applicant for a K 
        nonimmigrant visa, a consular officers shall--
                  (A) provide information, in the primary 
                language of the visa applicant, on protection 
                orders [or] and criminal convictions collected 
                under subsection (a)(5)(A)(iii) of this 
                section;
                  (B) provide a copy of the pamphlet developed 
                under subsection (a)(1) of this section in 
                English or another appropriate language and 
                provide an oral summary, in the primary 
                language of the visa applicant, of that 
                pamphlet; and
                  (C) ask the applicant, in the primary 
                language of the applicant, whether an 
                international marriage broker has facilitated 
                the relationship between the applicant and the 
                United States petitioner, and, if so, obtain 
                the identity of the international marriage 
                broker from the applicant and confirm that the 
                international marriage broker provided to the 
                applicant the information and materials 
                required under subsection (d)(3)(A)(iii) of 
                this section.
          (2) Family-based applicants.--The pamphlet developed 
        under subsection (a)(1) of this section shall be 
        distributed directly to applicants for family-based 
        immigration petitions at all consular and adjustment 
        interviews for such visas. The Department of State or 
        Department of Homeland Security officer conducting the 
        interview shall review the summary of the pamphlet with 
        the applicant orally in the applicant's primary 
        language, in addition to distributing the pamphlet to 
        the applicant in English or another appropriate 
        language.
    (c) Confidentiality.--In fulfilling the requirements of 
this section, no official of the Department of State or the 
Department of Homeland Security shall disclose to a 
nonimmigrant visa applicant the name or contact information of 
any person who was granted a protection order or restraining 
order against the petitioner or who was a victim of a crime of 
violence perpetrated by the petitioner, but shall disclose the 
relationship of the person to the petitioner.
    (d) Regulation of International Marriage Brokers--
          [(1) Prohibition on marketing children.--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.]
          (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) Requirements of international marriage brokers 
        with respect to mandatory collection of background 
        information.--
                  (A) In general.--
                          (i) Search of sex offender public 
                        [registries] website.--Each 
                        international marriage broker shall 
                        search the National Sex Offender Public 
                        [Registry or State sex offender public 
                        registry,] website, as required under 
                        paragraph (3)(A)(i).
                          (ii) Collection of background 
                        information.--Each international 
                        marriage broker shall also collect the 
                        background information listed in 
                        subparagraph (B) about the United 
                        States client to whom the personal 
                        contact information of a foreign 
                        national client would be provided.
                  (B) Background information.--The 
                international marriage broker shall collect a 
                certification signed (in written, electronic, 
                or other form) by the United States client 
                accompanied by documentation or an attestation 
                of the following background information about 
                the United States client:
                          (i) Any temporary or permanent civil 
                        protection order or restraining order 
                        issued against the United States 
                        client.
                          (ii) Any Federal, State, or local 
                        arrest or conviction of the United 
                        States client for homicide, murder, 
                        manslaughter, assault, battery, 
                        domestic violence, rape, sexual 
                        assault, abusive sexual contact, sexual 
                        exploitation, incest, child abuse or 
                        neglect, torture, trafficking, peonage, 
                        holding hostage, involuntary servitude, 
                        slave trade, kidnapping, abduction, 
                        unlawful criminal restraint, false 
                        imprisonment, [or stalking.] stalking, 
                        or an attempt to commit any such crime.
                          (iii) Any Federal, State, or local 
                        arrest or conviction of the United 
                        States client for--
                                  (I) solely, principally, or 
                                incidentally engaging in 
                                prostitution;
                                  (II) a direct or indirect 
                                attempt to procure prostitutes 
                                or persons for the purpose of 
                                prostitution; or
                                  (III) receiving, in whole or 
                                in part, of the proceeds of 
                                prostitution.
                          (iv) Any Federal, State, or local 
                        arrest or conviction of the United 
                        States client for offenses related to 
                        controlled substances or alcohol.
                          (v) Marital history of the United 
                        States client, including whether the 
                        client is currently married, whether 
                        the client has previously been married 
                        and how many times, how previous 
                        marriages of the client were terminated 
                        and the date of termination, and 
                        whether the client has previously 
                        sponsored an alien to whom the client 
                        was engaged or married.
                          (vi) The ages of any of the United 
                        States client's children who are under 
                        the age of 18.
                          (vii) All States and countries in 
                        which the United States client has 
                        resided since the client was 18 years 
                        of age.
          (3) Obligation of international marriage brokers with 
        respect to informed consent.--
                  (A) Limitation on sharing information about 
                foreign national clients.--An international 
                marriage broker shall not provide any United 
                States client or representative with the 
                personal contact information of any foreign 
                national client unless and until the 
                international marriage broker has--
                          (i) performed a search of the 
                        National Sex Offender Public [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,] website for 
                        information regarding the United States 
                        client;
                          (ii) collected background information 
                        about the United States client required 
                        under paragraph (2);
                          (iii) provided to the foreign 
                        national client--
                                  (I) in the foreign national 
                                client's primary language, a 
                                copy of any records retrieved 
                                from the search required under 
                                paragraph (2)(A)(i) or 
                                documentation confirming that 
                                such search retrieved no 
                                records;
                                  (II) in the foreign national 
                                client's primary language, a 
                                copy of the [background 
                                information collected by the 
                                international marriage broker 
                                under paragraph (2)(B);] signed 
                                certification and accompanying 
                                documentation or attestation 
                                regarding the background 
                                information collected under 
                                paragraph (2)(B); and
                                  (III) in the foreign national 
                                client's primary language (or 
                                in English or other appropriate 
                                language if there is no 
                                translation available into the 
                                client's primary language), the 
                                pamphlet developed under 
                                subsection (a)(1) of this 
                                section; and
                          (iv) received from the foreign 
                        national client a signed, written 
                        consent, in the foreign national 
                        client's primary language, to release 
                        the foreign national client's personal 
                        contact information to the specific 
                        United States client.
                  (B) Confidentiality.--In fulfilling the 
                requirements of this paragraph, an 
                international marriage broker shall disclose 
                the relationship of the United States client to 
                individuals who were issued a protection order 
                or restraining order as described in clause (i) 
                of paragraph (2)(B), or of any other victims of 
                crimes as described in clauses (ii) through 
                (iv) of such paragraph, but shall not disclose 
                the name or location information of such 
                individuals.
                  [(C) Penalty for 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 
                the obligations imposed on it under paragraph 
                (2) and this paragraph for any purpose other 
                than the disclosures required under this 
                paragraph shall be fined in accordance with 
                Title 18 or imprisoned not more than 1 year, or 
                both. These penalties are in addition to any 
                other civil or criminal liability under Federal 
                or State law which a person may be subject to 
                for the misuse of that information, including 
                to threaten, intimidate, or harass any 
                individual. Nothing in this section shall 
                prevent the disclosure of such information to 
                law enforcement or pursuant to a court order.]
          (4) Limitation on disclosure.--An international 
        marriage broker shall not provide the personal contact 
        information of any foreign national client to any 
        person or entity other than a United States client. 
        Such information shall not be disclosed to potential 
        United States clients or individuals who are being 
        recruited to be United States clients or 
        representatives.
          (5) Penalties.--
                  (A) Federal civil penalty.--
                          (i) Violation.--An international 
                        marriage broker that violates (or 
                        attempts to violate) paragraph (1), 
                        (2), (3), or (4) is subject to a civil 
                        penalty of not less than $5,000 and not 
                        more than $25,000 for each such 
                        violation.
                          (ii) Procedures for imposition of 
                        penalty.--[A penalty may be imposed 
                        under clause (i) by the Attorney 
                        General only] 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 after notice and an opportunity 
                        for an agency hearing on the record in 
                        accordance with subchapter II of 
                        chapter 5 of Title 5 (popularly known 
                        as the Administrative Procedure Act).
                  [(B) Federal criminal penalty.--In 
                circumstances in or affecting interstate or 
                foreign commerce, an international marriage 
                broker that, within the special maritime and 
                territorial jurisdiction of the United States, 
                violates (or attempts to violate) paragraph 
                (1), (2), (3), or (4) shall be fined in 
                accordance with Title 18 or imprisoned for not 
                more than 5 years, or both.]
                  (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.
                  (C) Additional remedies.--The penalties and 
                remedies under this subsection are in addition 
                to any other penalties or remedies available 
                under law[.] including equitable remedies.
          (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.
          [(6)] (7) Nonpreemption.--Nothing in this subsection 
        shall preempt--
                  (A) any State law that provides additional 
                protections for aliens who are utilizing the 
                services of an international marriage broker; 
                or
                  (B) any other or further right or remedy 
                available under law to any party utilizing the 
                services of an international marriage broker.
          [(7)] (8) Effective date.--
                  (A) In general.--Except as provided in 
                subparagraph (B), this subsection shall take 
                effect on the date that is 60 days after 
                January 5, 2006.
                  (B) Additional time allowed for information 
                pamphlet.--The requirement for the distribution 
                of the pamphlet developed under subsection 
                (a)(1) of this section shall not apply until 30 
                days after the date of its development and 
                initial distribution under subsection (a)(6) of 
                this section.

           *       *       *       *       *       *       *

    (f) GAO [Study and Report] Studies and Reports.--
          (1) Study.--The Comptroller General of the United 
        States shall conduct a study--
                  (A) on the impact of this section and section 
                832 on the K nonimmigrant visa process, 
                including specifically--
                          (i) annual numerical changes in 
                        petitions for K nonimmigrant visas;
                          (ii) the annual number (and 
                        percentage) of such petitions that are 
                        denied under subsection (d)(2) or (r) 
                        of section 1184 of this title, as 
                        amended by this Act;
                          (iii) the annual number of waiver 
                        applications submitted under such a 
                        subsection, the number (and percentage) 
                        of such applications granted or denied, 
                        and the reasons for such decisions;
                          (iv) the annual number (and 
                        percentage) of cases in which the 
                        criminal background information 
                        collected and provided to the applicant 
                        as required by subsection 
                        (a)(5)(A)(iii) of this section contains 
                        one or more convictions;
                          (v) the annual number and percentage 
                        of cases described in clause (iv) that 
                        were granted or were denied waivers 
                        under section 1184(d)(2) of this title, 
                        as amended by this Act;
                          (vi) the annual number of fiance(e) 
                        and spousal K nonimmigrant visa 
                        petitions or family-based immigration 
                        petitions filed by petitioners or 
                        applicants who have previously filed 
                        other fiance(e) or spousal K 
                        nonimmigrant visa petitions or family-
                        based immigration petitions;
                          (vii) the annual number of fiance(e) 
                        and spousal K nonimmigrant visa 
                        petitions or family-based immigration 
                        petitions filed by petitioners or 
                        applicants who have concurrently filed 
                        other fiance(e) or spousal K 
                        nonimmigrant visa petitioners or 
                        family-based immigration petitions; and
                          (viii) the annual and cumulative 
                        number of petitioners and applicants 
                        tracked in the multiple filings 
                        database established under paragraph 
                        (4) of section 1184(r) of this title, 
                        as added by this Act;
                  (B) regarding the number of international 
                marriage brokers doing business in the United 
                States, the number of marriages resulting from 
                the services provided, and the extent of 
                compliance with the applicable requirements of 
                this section;
                  (C) that assesses the accuracy and 
                completeness of information gathered under 
                section 832 and this section from clients and 
                petitioners by international marriage brokers, 
                the Department of State, or the Department of 
                Homeland Security;
                  (D) that examines, based on the information 
                gathered, the extent to which persons with a 
                history of violence are using either the K 
                nonimmigrant visa process or the services of 
                international marriage brokers, or both, and 
                the extent to which such persons are providing 
                accurate and complete information to the 
                Department of State or the Department of 
                Homeland Security and to international marriage 
                brokers in accordance with subsections (a) and 
                (d)(2)(B) of this section; and
                  (E) that assesses the accuracy and 
                completeness of the criminal background check 
                performed by the Secretary of Homeland Security 
                at identifying past instances of domestic 
                violence.
          (2) Report.--Not later than 2 years after January 5, 
        2006, 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 paragraph (1).
          (3) Data collection.--The Secretary of Homeland 
        Security and the Secretary of State shall collect and 
        maintain the data necessary for the Comptroller General 
        of the United States to conduct the study required by 
        paragraph (1).
          (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 
                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).

           *       *       *       *       *       *       *


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *



CHAPTER 7--ASSAULT

           *       *       *       *       *       *       *



SEC. 113. ASSAULTS WITHIN MARITIME AND TERRITORIAL JURISDICTION.

    (a) Whoever, within the special maritime and territorial 
jurisdiction of the United States, is guilty of an assault 
shall be punished as follows:
          [(1) Assault with intent to commit murder, by 
        imprisonment for not more than twenty years.]
          (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.
          (2) Assault with intent to commit any felony, except 
        murder or a [felony under chapter 109A] violation of 
        section 2241 or 2242, by a fine under this title or 
        imprisonment for not more than ten years, or both.
          (3) Assault with a dangerous weapon, with intent to 
        do bodily harm, [and without just cause or excuse,] by 
        a fine under this title or imprisonment for not more 
        than ten years, or both.
          (4) Assault by striking, beating, or wounding, by a 
        fine under this title or imprisonment for not more than 
        [six months] 1 year, or both.
          (5) Simple assault, by a fine under this title or 
        imprisonment for not more than six months, or both, or 
        if the victim of the assault is an individual who has 
        not attained the age of 16 years, by fine under this 
        title or imprisonment for not more than 1 year, or 
        both.
          (6) Assault resulting in serious bodily injury, by a 
        fine under this title or imprisonment for not more than 
        ten years, or both.
          (7) Assault resulting in [substantial bodily injury 
        to an individual who has not attained the age of 16 
        years] substantial bodily injury to a spouse or 
        intimate partner, a dating partner, or an individual 
        who has not attained the age of 16 years, by [fine] a 
        fine under this title or imprisonment for not more than 
        5 years, or both.
          (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.
    [(b) As used in this subsection--]
    (b) Definitions.--In this section--
          (1) the term ``substantial bodily injury'' means 
        bodily injury which involves--
                  (A) a temporary but substantial 
                disfigurement; or
                  (B) a temporary but substantial loss or 
                impairment of the function of any bodily 
                member, organ, or mental faculty; [and]
          (2) the term ``serious bodily injury'' has the 
        meaning given that term in section 1365 of this 
        title[.];
          (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.

           *       *       *       *       *       *       *


CHAPTER 53--INDIANS

           *       *       *       *       *       *       *



SEC. 1153. OFFENSES COMMITTED WITHIN INDIAN COUNTRY.

    (a) Any Indian who commits against the person or property 
of another Indian or other person any of the following 
offenses, namely, murder, manslaughter, kidnapping, maiming, a 
felony under chapter 109A, incest, [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)] a felony assault under section 113, an assault 
against an individual who has not attained the age of 16 years, 
felony child abuse or neglect, arson, burglary, robbery, and a 
felony under section 661 of this title within the Indian 
country, shall be subject to the same law and penalties as all 
other persons committing any of the above offenses, within the 
exclusive jurisdiction of the United States.
    (b) Any offense referred to in subsection (a) of this 
section that is not defined and punished by Federal law in 
force within the exclusive jurisdiction of the United States 
shall be defined and punished in accordance with the laws of 
the State in which such offense was committed as are in force 
at the time of such offense.

           *       *       *       *       *       *       *


CHAPTER 109A--SEXUAL ABUSE

           *       *       *       *       *       *       *



SEC. 2241. AGGRAVATED SEXUAL ABUSE.

    (a) By Force or Threat.--Whoever, in the special maritime 
and territorial jurisdiction of the United States or 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 head of any Federal 
department or agency, knowingly causes another person to engage 
in a sexual act--
          (1) by using force against that other person; or
          (2) by threatening or placing that other person in 
        fear that any person will be subjected to death, 
        serious bodily injury, or kidnapping;
or attempts to do so, shall be fined under this title, 
imprisoned for [any term of years or life] not less than 5 
years or imprisoned for life, or both.

           *       *       *       *       *       *       *


SEC. 2243. SEXUAL ABUSE OF A MINOR OR WARD.

           *       *       *       *       *       *       *


    [(b) Of a Ward.--Whoever, in the special maritime and 
territorial jurisdiction of the United States or 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 head of any Federal department 
or agency, knowingly engages in a sexual act with another 
person who is--
          [(1) in official detention; and
          [(2) under the custodial, supervisory, or 
        disciplinary authority of the person so engaging;
[or attempts to do so, shall be fined under this title, 
imprisoned not more than 15 years, or both.]
    (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.

           *       *       *       *       *       *       *


CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING

           *       *       *       *       *       *       *



SEC. 2261. INTERSTATE DOMESTIC VIOLENCE.

    (a) Offenses.--
          (1) Travel or conduct of offender.--A person who 
        travels in interstate or foreign commerce or enters or 
        leaves Indian country or is present within the special 
        maritime and territorial jurisdiction of the United 
        States with the intent to kill, injure, harass, or 
        intimidate a spouse, intimate partner, or dating 
        partner, and who, in the course of or as a result of 
        such travel or presence, commits or attempts to commit 
        a crime of violence against that spouse, intimate 
        partner, or dating partner, shall be punished as 
        provided in subsection (b).
          (2) Causing travel of victim.--A person who causes a 
        spouse, intimate partner, or dating partner to travel 
        in interstate or foreign commerce or to enter or leave 
        Indian country by force, coercion, duress, or fraud, 
        and who, in the course of, as a result of, or to 
        facilitate such conduct or travel, commits or attempts 
        to commit a crime of violence against that spouse, 
        intimate partner, or dating partner, shall be punished 
        as provided in subsection (b).
    (b) Penalties.--A person who violates this section or 
section 2261A shall be fined under this title, imprisoned--
          (1) for life or any term of years, if death of the 
        victim results;
          (2) for not more than 20 years if permanent 
        disfigurement or life threatening bodily injury to the 
        victim results;
          (3) for not more than 10 years, if serious bodily 
        injury to the victim results or if the offender uses a 
        dangerous weapon during the offense;
          (4) as provided for the applicable conduct under 
        chapter 109A if the offense would constitute an offense 
        under chapter 109A (without regard to whether the 
        offense was committed in the special maritime and 
        territorial jurisdiction of the United States or in a 
        Federal prison); and
          (5) for not more than 5 years, in any other case,
          (6) Whoever commits the crime of stalking in 
        violation of a temporary or permanent civil or criminal 
        injunction, restraining order, no-contact order, or 
        other order described in section 2266 of title 18, 
        United States Code, shall be punished by imprisonment 
        for not less than 1 year.
or both fined and imprisoned.

           *       *       *       *       *       *       *


[SEC. 2261A. STALKING.

    [Whoever--
          [(1) travels in interstate or foreign commerce or 
        within the special maritime and territorial 
        jurisdiction of the United States, or enters or leaves 
        Indian country, with the intent to kill, injure, 
        harass, 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 places 
        that person in reasonable fear of the death of, or 
        serious bodily injury to, or causes substantial 
        emotional distress to that person, a member of the 
        immediate family (as defined in section 115) of that 
        person, or the spouse or intimate partner of that 
        person; or
          [(2) with the intent--
                  [(A) to kill, injure, harass, or place under 
                surveillance with intent to kill, injure, 
                harass, or intimidate, or cause substantial 
                emotional distress to a person in another State 
                or tribal jurisdiction or within the special 
                maritime and territorial jurisdiction of the 
                United States; or
                  [(B) to place a person in another State or 
                tribal jurisdiction, or within the special 
                maritime and territorial jurisdiction of the 
                United States, in reasonable fear of the death 
                of, or serious bodily injury to--
                          [(i) that person;
                          [(ii) a member of the immediate 
                        family (as defined in section 115 of 
                        that person; or
                          [(iii) a spouse or intimate partner 
                        of that person;
        [uses the mail, any interactive computer service, or 
        any facility of interstate or foreign commerce to 
        engage in a course of conduct that causes substantial 
        emotional distress to that person or places that person 
        in reasonable fear of the death of, or serious bodily 
        injury to, any of the persons described in clauses (i) 
        through (iii) of subparagraph (B);
[shall be punished as provided in section 2261(b) of this 
title.]

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.

           *       *       *       *       *       *       *


SEC. 2262. INTERSTATE VIOLATION OF PROTECTION ORDER.

    (a) Offenses.--
          (1) Travel or conduct of offender.--A person who 
        travels in interstate or foreign commerce, or enters or 
        leaves Indian country or within the special maritime 
        and territorial jurisdiction of the United States, with 
        the intent to engage in conduct that violates the 
        portion of a protection order that prohibits or 
        provides protection against violence, threats, or 
        harassment against, contact or communication with, or 
        physical proximity to, another person, or that would 
        violate such a portion of a protection order in the 
        jurisdiction in which the order was issued, and 
        subsequently engages in such conduct, shall be punished 
        as provided in subsection (b).
          (2) Causing travel of victim.--A person who causes 
        another person to travel in interstate or foreign 
        commerce or to enter or leave Indian country by force, 
        coercion, duress, or fraud, and in the course of, as a 
        result of, or to facilitate such conduct or travel 
        engages in conduct that violates the portion of a 
        protection order that prohibits or provides protection 
        against violence, threats, or harassment against, 
        contact or communication with, or physical proximity 
        to, another person, or that would violate such a 
        portion of a protection order in the jurisdiction in 
        which the order was issued, shall be punished as 
        provided in subsection (b).
    (b) Penalties.--A person who violates this section shall be 
fined under this title, imprisoned--
          (1) for life or any term of years, if death of the 
        victim results;
          (2) for not more than 20 years if permanent 
        disfigurement or life threatening bodily injury to the 
        victim results;
          (3) for not more than 10 years, if serious bodily 
        injury to the victim results or if the offender uses a 
        dangerous weapon during the offense;
          (4) as provided for the applicable conduct under 
        chapter 109A if the offense would constitute an offense 
        under chapter 109A (without regard to whether the 
        offense was committed in the special maritime and 
        territorial jurisdiction of the United States or in a 
        Federal prison); and
          (5) for not more than 5 years, in any other case,
or both fined and imprisoned.

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SEC. 2265. FULL FAITH AND CREDIT GIVEN TO PROTECTION ORDERS.

           *       *       *       *       *       *       *


    [(e) Tribal Court Jurisdiction.--For purposes of this 
section, a tribal court shall have full civil jurisdiction to 
enforce protection orders, including authority to enforce any 
orders through civil contempt proceedings, exclusion of 
violators from Indian lands, and other appropriate mechanisms, 
in matters arising within the authority of the tribe.]
    (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.

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SEC. 2265A. REPEAT OFFENDERS.

    (a) Maximum Term of Imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior 
domestic violence or stalking offense shall be twice the term 
otherwise provided under this chapter.
    (b) Definition.--For purposes of this section--
          (1) the term ``prior domestic violence or stalking 
        offense'' means a conviction for an offense--
                  (A) under section 2261, 2261A, or 2262 of 
                this chapter; or
                  (B) under State or tribal law for an offense 
                consisting of conduct that would have been an 
                offense under a section referred to in 
                subparagraph (A) if the conduct had occurred 
                within the special maritime and territorial 
                jurisdiction of the United States, or in 
                interstate or foreign commerce; and
          (2) the term ``State'' means a State of the United 
        States, the District of Columbia, or any commonwealth, 
        territory, or possession of the United States.

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TITLE 20--EDUCATION

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CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE

           *       *       *       *       *       *       *



Subchapter IV--Student Assistance

           *       *       *       *       *       *       *



PART F--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS

           *       *       *       *       *       *       *



SEC. 1092. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION FOR 
                    STUDENTS.

           *       *       *       *       *       *       *


    (f) Disclosure of Campus Security Policy and Campus Crime 
Statistics.--
          (1) Each eligible institution participating in any 
        program under this subchapter and part C of subchapter 
        I of chapter 34 of Title 42, other than a foreign 
        institution of higher education, shall on August 1, 
        1991, begin to collect the following information with 
        respect to campus crime statistics and campus security 
        policies of that institution, and beginning September 
        1, 1992, and each year thereafter, prepare, publish, 
        and distribute, through appropriate publications or 
        mailings, to all current students and employees, and to 
        any applicant for enrollment or employment upon 
        request, an annual security report containing at least 
        the following information with respect to the campus 
        security policies and campus crime statistics of that 
        institution:
                  (A) A statement of current campus policies 
                regarding procedures and facilities for 
                students and others to report criminal actions 
                or other emergencies occurring on campus and 
                policies concerning the institution's response 
                to such reports.
                  (B) A statement of current policies 
                concerning security and access to campus 
                facilities, including campus residences, and 
                security considerations used in the maintenance 
                of campus facilities.
                  (C) A statement of current policies 
                concerning campus law enforcement, including--
                          (i) the law enforcement authority of 
                        campus security personnel;
                          (ii) the working relationship of 
                        campus security personnel with State 
                        and local law enforcement agencies, 
                        including whether the institution has 
                        agreements with such agencies, such as 
                        written memoranda of understanding, for 
                        the investigation of alleged criminal 
                        offenses; and
                          (iii) policies which encourage 
                        accurate and prompt reporting of all 
                        crimes to the campus police and the 
                        appropriate law enforcement 
                        agencies[.], when the victim of such 
                        crime elects or is unable to make such 
                        a report.
                  (D) A description of the type and frequency 
                of programs designed to inform students and 
                employees about campus security procedures and 
                practices and to encourage students and 
                employees to be responsible for their own 
                security and the security of others.
                  (E) A description of programs designed to 
                inform students and employees about the 
                prevention of crimes.
                  (F) Statistics concerning the occurrence on 
                campus, in or on noncampus buildings or 
                property, and on public property during the 
                most recent calendar year, and during the 2 
                preceding calendar years for which data are 
                available--
                          (i) of the following criminal 
                        offenses reported to campus security 
                        authorities or local police agencies:
                                  (I) murder;
                                  (II) sex offenses, forcible 
                                or nonforcible;
                                  (III) robbery;
                                  (IV) aggravated assault;
                                  (V) burglary;
                                  (VI) motor vehicle theft;
                                  (VII) manslaughter;
                                  (VIII) arson; [and]
                                  (IX) arrests or persons 
                                referred for campus 
                                disciplinary action for liquor 
                                law violations, drug-related 
                                violations, and weapons 
                                possession; and
                          (ii) of the crimes described in 
                        subclauses (I) through (VIII) of clause 
                        (i), of larceny-theft, simple assault, 
                        intimidation, and destruction, damage, 
                        or vandalism of property, and of other 
                        crimes involving bodily injury to any 
                        person, in which the victim is 
                        intentionally selected because of the 
                        actual or perceived race, gender, 
                        religion, [sexual orientation] national 
                        origin, sexual orientation, gender 
                        identity, ethnicity, or disability of 
                        the victim that are reported to campus 
                        security authorities or local police 
                        agencies, which data shall be collected 
                        and reported according to category of 
                        prejudice[.]; and
                          (iii) of domestic violence, dating 
                        violence, and stalking incidents that 
                        were reported to campus security 
                        authorities or local police agencies.
                  (G) A statement of policy concerning the 
                monitoring and recording through local police 
                agencies of criminal activity at off-campus 
                student organizations which are recognized by 
                the institution and that are engaged in by 
                students attending the institution, including 
                those student organizations with off-campus 
                housing facilities.
                  (H) A statement of policy regarding the 
                possession, use, and sale of alcoholic 
                beverages and enforcement of State underage 
                drinking laws and a statement of policy 
                regarding the possession, use, and sale of 
                illegal drugs and enforcement of Federal and 
                State drug laws and a description of any drug 
                or alcohol abuse education programs as required 
                under section 1011i of this title.
                  (I) A statement advising the campus community 
                where law enforcement agency information 
                provided by a State under section 14071(j) of 
                Title 42, concerning registered sex offenders 
                may be obtained, such as the law enforcement 
                office of the institution, a local law 
                enforcement agency with jurisdiction for the 
                campus, or a computer network address.
                  (J) A statement of current campus policies 
                regarding immediate emergency response and 
                evacuation procedures, including the use of 
                electronic and cellular communication (if 
                appropriate), which policies shall include 
                procedures to--
                          (i) immediately notify the campus 
                        community upon the confirmation of a 
                        significant emergency or dangerous 
                        situation involving an immediate threat 
                        to the health or safety of students or 
                        staff occurring on the campus, as 
                        defined in paragraph (6), unless 
                        issuing a notification will compromise 
                        efforts to contain the emergency;
                          (ii) publicize emergency response and 
                        evacuation procedures on an annual 
                        basis in a manner designed to reach 
                        students and staff; and
                          (iii) test emergency response and 
                        evacuation procedures on an annual 
                        basis.
          (2) Nothing in this subsection shall be construed to 
        authorize the Secretary to require particular policies, 
        procedures, or practices by institutions of higher 
        education with respect to campus crimes or campus 
        security.
          (3) Each institution participating in any program 
        under this subchapter and part C of subchapter I of 
        chapter 34 of Title 42, other than a foreign 
        institution of higher education, shall make timely 
        reports to the campus community on crimes considered to 
        be a threat to other students and employees described 
        in paragraph (1)(F) that are reported to campus 
        security or local law police agencies. Such reports 
        shall be provided to students and employees in a manner 
        that is timely, that withholds the names of victims as 
        confidential, and that will aid in the prevention of 
        similar occurrences.
          (4)(A) Each institution participating in any program 
        under this subchapter and part C of subchapter I of 
        chapter 34 of Title 42, other than a foreign 
        institution of higher education, that maintains a 
        police or security department of any kind shall make, 
        keep, and maintain a daily log, written in a form that 
        can be easily understood, recording all crimes reported 
        to such police or security department, including--
                  (i) the nature, date, time, and general 
                location of each crime; and
                  (ii) the disposition of the complaint, if 
                known.
          (B)(i) All entries that are required pursuant to this 
        paragraph shall, except where disclosure of such 
        information is prohibited by law or such disclosure 
        would jeopardize the confidentiality of the victim, be 
        open to public inspection within two business days of 
        the initial report being made to the department or a 
        campus security authority.
          (ii) If new information about an entry into a log 
        becomes available to a police or security department, 
        then the new information shall be recorded in the log 
        not later than two business days after the information 
        becomes available to the police or security department.
          (iii) If there is clear and convincing evidence that 
        the release of such information would jeopardize an 
        ongoing criminal investigation or the safety of an 
        individual, cause a suspect to flee or evade detection, 
        or result in the destruction of evidence, such 
        information may be withheld until that damage is no 
        longer likely to occur from the release of such 
        information.
          (5) On an annual basis, each institution 
        participating in any program under this subchapter and 
        part C of subchapter I of chapter 34 of Title 42, other 
        than a foreign institution of higher education, shall 
        submit to the Secretary a copy of the statistics 
        required to be made available under paragraph (1)(F). 
        The Secretary shall--
                  (A) review such statistics and report to the 
                authorizing committees on campus crime 
                statistics by September 1, 2000;
                  (B) make copies of the statistics submitted 
                to the Secretary available to the public; and
                  (C) in coordination with representatives of 
                institutions of higher education, identify 
                exemplary campus security policies, procedures, 
                and practices and disseminate information 
                concerning those policies, procedures, and 
                practices that have proven effective in the 
                reduction of campus crime.
          (6)(A) In this subsection:
                  (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)).
                  [(i)] (ii) The term ``campus'' means--
                          (I) any building or property owned or 
                        controlled by an institution of higher 
                        education within the same reasonably 
                        contiguous geographic area of the 
                        institution and used by the institution 
                        in direct support of, or in a manner 
                        related to, the institution's 
                        educational purposes, including 
                        residence halls; and
                          (II) property within the same 
                        reasonably contiguous geographic area 
                        of the institution that is owned by the 
                        institution but controlled by another 
                        person, is used by students, and 
                        supports institutional purposes (such 
                        as a food or other retail vendor).
                  [(ii)] (iii) The term ``noncampus building or 
                property'' means--
                          (I) any building or property owned or 
                        controlled by a student organization 
                        recognized by the institution; and
                          (II) any building or property (other 
                        than a branch campus) owned or 
                        controlled by an institution of higher 
                        education that is used in direct 
                        support of, or in relation to, the 
                        institution's educational purposes, is 
                        used by students, and is not within the 
                        same reasonably contiguous geographic 
                        area of the institution.
                  [(iii)] (iv) The term ``public property'' 
                means all public property that is within the 
                same reasonably contiguous geographic area of 
                the institution, such as a sidewalk, a street, 
                other thoroughfare, or parking facility, and is 
                adjacent to a facility owned or controlled by 
                the institution if the facility is used by the 
                institution in direct support of, or in a 
                manner related to the institution's educational 
                purposes.
                  (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.
          (B) In cases where branch campuses of an institution 
        of higher education, schools within an institution of 
        higher education, or administrative divisions within an 
        institution are not within a reasonably contiguous 
        geographic area, such entities shall be considered 
        separate campuses for purposes of the reporting 
        requirements of this section.
          (7) The statistics described in [paragraph (1)(F)] 
        clauses (i) and (ii) of paragraph (1)(F) shall be 
        compiled in accordance with the definitions used in the 
        uniform crime reporting system of the Department of 
        Justice, Federal Bureau of Investigation, and the 
        modifications in such definitions as implemented 
        pursuant to the Hate Crime Statistics Act. 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)). Such statistics shall not identify 
        victims of crimes or persons accused of crimes.
          [(8)(A) Each institution of higher education 
        participating in any program under this subchapter and 
        part C of subchapter I of chapter 34 of Title 42, 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 campus sexual assault 
                programs, which shall be aimed at prevention of 
                sex offenses; and
                  [(ii) the procedures followed once a sex 
                offense has occurred.
          [(B) The policy described in subparagraph (A) shall 
        address the following areas:
                  [(i) Education programs to promote the 
                awareness of rape, acquaintance rape, and other 
                sex offenses.
                  [(ii) Possible sanctions to be imposed 
                following the final determination of an on-
                campus disciplinary procedure regarding rape, 
                acquaintance rape, or other sex offenses, 
                forcible or nonforcible.
                  [(iii) Procedures students should follow if a 
                sex offense occurs, including who should be 
                contacted, the importance of preserving 
                evidence as may be necessary to the proof of 
                criminal sexual assault, and to whom the 
                alleged offense should be reported.
                  [(iv) Procedures for on-campus disciplinary 
                action in cases of alleged sexual assault, 
                which shall include a clear statement that--
                          [(I) the accuser and the accused are 
                        entitled to the same opportunities to 
                        have others present during a campus 
                        disciplinary proceeding; and
                          [(II) both the accuser and the 
                        accused shall be informed of the 
                        outcome of any campus disciplinary 
                        proceeding brought alleging a sexual 
                        assault.
                  [(v) Informing students of their options to 
                notify proper law enforcement authorities, 
                including on-campus and local police, and the 
                option to be assisted by campus authorities in 
                notifying such authorities, if the student so 
                chooses.
                  [(vi) Notification of students of existing 
                counseling, mental health or student services 
                for victims of sexual assault, both on campus 
                and in the community.
                  [(vii) Notification of students of options 
                for, and available assistance in, changing 
                academic and living situations after an alleged 
                sexual assault incident, if so requested by the 
                victim and if such changes are reasonably 
                available.
          [(C) Nothing in this paragraph shall be construed to 
        confer a private right of action upon any person to 
        enforce the provisions of this paragraph.]
          (8)(A) Each institution of higher education 
        participating in any program under this title and title 
        IV of the Economic Opportunity Act of 1964, other than 
        a foreign institution of higher education, shall 
        develop and distribute as part of the report described 
        in paragraph (1) a statement of policy regarding--
                  (i) such institution's programs to prevent 
                domestic violence, dating violence, sexual 
                assault, and stalking; and
                  (ii) the procedures that such institution 
                will follow once an incident of domestic 
                violence, dating violence, sexual assault, or 
                stalking has been reported.
          (B) The policy described in subparagraph (A) shall 
        address the following areas:
                  (i) Education programs to promote the 
                awareness of rape, acquaintance rape, domestic 
                violence, dating violence, sexual assault, and 
                stalking, which shall include--
                          (I) primary prevention and awareness 
                        programs for all incoming students and 
                        new employees, which shall include--
                                  (aa) a statement that the 
                                institution of higher education 
                                prohibits the offenses of 
                                domestic violence, dating 
                                violence, sexual assault, and 
                                stalking;
                                  (bb) the definition of 
                                domestic violence, dating 
                                violence, sexual assault, and 
                                stalking in the applicable 
                                jurisdiction;
                                  (cc) the definition of 
                                consent, in reference to sexual 
                                activity, in the applicable 
                                jurisdiction;
                                  (dd) safe and positive 
                                options for bystander 
                                intervention that may be 
                                carried out by an individual to 
                                prevent harm or intervene when 
                                there is a risk of domestic 
                                violence, dating violence, 
                                sexual assault, or stalking 
                                against a person other than 
                                such individual;
                                  (ee) information on risk 
                                reduction to recognize warning 
                                signs of abusive behavior and 
                                how to avoid potential attacks; 
                                and
                                  (ff) the information 
                                described in clauses (ii) 
                                through (vii); and
                          (II) ongoing prevention and awareness 
                        campaigns for students and faculty, 
                        including information described in 
                        items (aa) through (ff) of subclause 
                        (I).
                  (ii) Possible sanctions or protective 
                measures that such institution may impose 
                following a final determination of an 
                institutional disciplinary procedure regarding 
                rape, acquaintance rape, domestic violence, 
                dating violence, sexual assault, or stalking.
                  (iii) Procedures victims should follow if a 
                sex offense, domestic violence, dating 
                violence, sexual assault, or stalking has 
                occurred, including information in writing 
                about--
                          (I) the importance of preserving 
                        evidence as may be necessary to the 
                        proof of criminal domestic violence, 
                        dating violence, sexual assault, or 
                        stalking, or in obtaining a protection 
                        order;
                          (II) to whom the alleged offense 
                        should be reported;
                          (III) options regarding law 
                        enforcement and campus authorities, 
                        including notification of the victim's 
                        option to--
                                  (aa) notify proper law 
                                enforcement authorities, 
                                including on-campus and local 
                                police;
                                  (bb) be assisted by campus 
                                authorities in notifying law 
                                enforcement authorities if the 
                                victim so chooses; and
                                  (cc) decline to notify such 
                                authorities; and
                          (IV) where applicable, the rights of 
                        victims and the institution's 
                        responsibilities regarding orders of 
                        protection, no contact orders, 
                        restraining orders, or similar lawful 
                        orders issued by a criminal, civil, or 
                        tribal court.
                  (iv) Procedures for institutional 
                disciplinary action in cases of alleged 
                domestic violence, dating violence, sexual 
                assault, or stalking, which shall include a 
                clear statement that--
                          (I) such proceedings shall--
                                  (aa) provide a prompt and 
                                equitable investigation and 
                                resolution; and
                                  (bb) be conducted by 
                                officials who receive annual 
                                training on the issues related 
                                to domestic violence, dating 
                                violence, sexual assault, and 
                                stalking and how to conduct an 
                                investigation and hearing 
                                process that protects the 
                                safety of victims and promotes 
                                accountability;
                          (II) the accuser and the accused are 
                        entitled to the same opportunities to 
                        have others present during an 
                        institutional disciplinary proceeding, 
                        including the opportunity to be 
                        accompanied to any related meeting or 
                        proceeding by an advisor of their 
                        choice; and
                          (III) both the accuser and the 
                        accused shall be simultaneously 
                        informed, in writing, of--
                                  (aa) the outcome of any 
                                institutional disciplinary 
                                proceeding that arises from an 
                                allegation of domestic 
                                violence, dating violence, 
                                sexual assault, or stalking;
                                  (bb) the institution's 
                                procedures for the accused and 
                                the victim to appeal the 
                                results of the institutional 
                                disciplinary proceeding;
                                  (cc) of any change to the 
                                results that occurs prior to 
                                the time that such results 
                                become final; and
                                  (dd) when such results become 
                                final.
                  (v) Information about how the institution 
                will protect the confidentiality of victims, 
                including how publicly-available recordkeeping 
                will be accomplished without the inclusion of 
                identifying information about the victim, to 
                the extent permissible by law.
                  (vi) Written notification of students and 
                employees about existing counseling, health, 
                mental health, victim advocacy, legal 
                assistance, and other services available for 
                victims both on-campus and in the community.
                  (vii) Written notification of victims about 
                options for, and available assistance in, 
                changing academic, living, transportation, and 
                working situations, if so requested by the 
                victim and if such accommodations are 
                reasonably available, regardless of whether the 
                victim chooses to report the crime to campus 
                police or local law enforcement.
          (C) A student or employee who reports to an 
        institution of higher education that the student or 
        employee has been a victim of domestic violence, dating 
        violence, sexual assault, or stalking, whether the 
        offense occurred on or off campus, shall be provided 
        with a written explanation of the student or employee's 
        rights and options, as described in clauses (ii) 
        through (vii) of subparagraph (B).
          (9) [The Secretary] The Secretary, in consultation 
        with the Attorney General of the United States, shall 
        provide technical assistance in complying with the 
        provisions of this section to an institution of higher 
        education who requests such assistance.
          (10) Nothing in this section shall be construed to 
        require the reporting or disclosure of privileged 
        information.
          (11) The Secretary shall report to the appropriate 
        committees of Congress each institution of higher 
        education that the Secretary determines is not in 
        compliance with the reporting requirements of this 
        subsection.
          (12) For purposes of reporting the statistics with 
        respect to crimes described in paragraph (1)(F), an 
        institution of higher education shall distinguish, by 
        means of separate categories, any criminal offenses 
        that occur--
                  (A) on campus;
                  (B) in or on a noncampus building or 
                property;
                  (C) on public property; and
                  (D) in dormitories or other residential 
                facilities for students on campus.
          (13) Upon a determination pursuant to section 
        1094(c)(3)(B) of this title that an institution of 
        higher education has substantially misrepresented the 
        number, location, or nature of the crimes required to 
        be reported under this subsection, the Secretary shall 
        impose a civil penalty upon the institution in the same 
        amount and pursuant to the same procedures as a civil 
        penalty is imposed under section 1094(c)(3)(B) of this 
        title.
          (14)(A) Nothing in this subsection may be construed 
        to--
                  (i) create a cause of action against any 
                institution of higher education or any employee 
                of such an institution for any civil liability; 
                or
                  (ii) establish any standard of care.
          (B) Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with 
        this subsection shall not be admissible as evidence in 
        any proceeding of any court, agency, board, or other 
        entity, except with respect to an action to enforce 
        this subsection.
          (15) The Secretary shall annually report to the 
        authorizing committees regarding compliance with this 
        subsection by institutions of higher education, 
        including an up-to-date report on the Secretary's 
        monitoring of such compliance.
          [(16) The Secretary may seek the advice and counsel 
        of the Attorney General concerning the development, and 
        dissemination to institutions of higher education, of 
        best practices information about campus safety and 
        emergencies.]
          (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.
          [(17) Nothing in this subsection shall be construed 
        to permit an institution, or an officer, employee, or 
        agent of an institution, participating in any program 
        under this subchapter and part C of subchapter I of 
        chapter 34 of Title 42 to retaliate, intimidate, 
        threaten, coerce, or otherwise discriminate against any 
        individual with respect to the implementation of any 
        provision of this subsection.]
          (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.
          (18) This subsection may be cited as the ``Jeanne 
        Clery Disclosure of Campus Security Policy and Campus 
        Crime Statistics Act''.

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TITLE 25--INDIANS

           *       *       *       *       *       *       *


CHAPTER 30--INDIAN LAW ENFORCEMENT REFORM

           *       *       *       *       *       *       *



SEC. 2812. INDIAN LAW AND ORDER COMMISSION.

           *       *       *       *       *       *       *


    (f) Report.--Not later than [2 years] 3 years after July 
29, 2010, the Commission shall submit to the President and 
Congress a report that contains--
          (1) a detailed statement of the findings and 
        conclusions of the Commission; and
          (2) the recommendations of the Commission for such 
        legislative and administrative actions as the 
        Commission considers to be appropriate.

           *       *       *       *       *       *       *


TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

           *       *       *       *       *       *       *


PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *



CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION

           *       *       *       *       *       *       *



SEC. 534. ACQUISITION, PRESERVATION, AND EXCHANGE OF IDENTIFICATION 
                    RECORDS AND INFORMATION; APPOINTMENT OF OFFICIALS.

           *       *       *       *       *       *       *


    Note.
    Tribal Registry
    Pub. L. 109-162, Title IX, Sec. 905(b), Jan. 5, 2006, 119 
Stat. 3080, provided that:
          (1) Establishment.--The Attorney General shall 
        contract with any interested Indian tribe, tribal 
        organization, or tribal nonprofit organization to 
        develop and maintain--
                  (A) a national tribal sex offender registry; 
                and
                  (B) a tribal protection order registry 
                containing civil and criminal orders of 
                protection issued by Indian tribes and 
                participating jurisdictions.
          (2) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this section 
        $1,000,000 for each of [fiscal years 2007 through 2011] 
        fiscal years 2012 through 2016, to remain available 
        until expended.

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PART IV--JURISDICTION AND VENUE

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CHAPTER 85--DISTRICT COURTS; JURISDICTION

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SEC. 1346. UNITED STATES AS DEFENDANT.

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    (b)(1) Subject to the provisions of chapter 171 of this 
title, the district courts, together with the United States 
District Court for the District of the Canal Zone and the 
District Court of the Virgin Islands, shall have exclusive 
jurisdiction of civil actions on claims against the United 
States, for money damages, accruing on and after January 1, 
1945, for injury or loss of property, or personal injury or 
death caused by the negligent or wrongful act or omission of 
any employee of the Government while acting within the scope of 
his office or employment, under circumstances where the United 
States, if a private person, would be liable to the claimant in 
accordance with the law of the place where the act or omission 
occurred.
    (2) No person convicted of a felony who is incarcerated 
while awaiting sentencing or while serving a sentence may bring 
a civil action against the United States or an agency, officer, 
or employee of the Government, for mental or emotional injury 
suffered while in custody without a prior showing of physical 
injury or the commission of a sexual act (as defined in section 
2246 of title 18).

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TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


CHAPTER 6A--PUBLIC HEALTH SERVICE

           *       *       *       *       *       *       *



Subchapter II--General Powers and Duties

           *       *       *       *       *       *       *



PART J--PREVENTION AND CONTROL OF INJURIES

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SEC. 280B-1B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

    (a) Permitted Use.--The Secretary, acting through the 
National Center for Injury Prevention and Control at the 
Centers for Disease Control and Prevention, shall award 
targeted grants to States to be used for rape prevention and 
education programs conducted by rape crisis centers, State, 
territorial or tribal sexual assault coalitions, and other 
public and private nonprofit entities for--
          (1) educational seminars;
          (2) the operation of hotlines;
          (3) training programs for professionals;
          (4) the preparation of informational material;
          (5) education and training programs for students and 
        campus personnel designed to reduce the incidence of 
        sexual assault at colleges and universities;
          (6) education to increase awareness about drugs and 
        alcohol used to facilitate rapes or sexual assaults; 
        and
          (7) other efforts to increase awareness of the facts 
        about, or to help prevent, sexual assault, including 
        efforts to increase awareness in underserved 
        communities and awareness among individuals with 
        disabilities (as defined in section 12102 of this 
        title).
    (b) Collection and Dissemination of Information on Sexual 
Assault.--The Secretary shall, through the National Resource 
Center on Sexual Assault established under the National Center 
for Injury Prevention and Control at the Centers for Disease 
Control and Prevention, provide resource information, policy, 
training, and technical assistance to Federal, State, local, 
and Indian tribal agencies, as well as to State sexual assault 
coalitions and local sexual assault programs and to other 
professionals and interested parties on issues relating to 
sexual assault, including maintenance of a central resource 
library in order to collect, prepare, analyze, and disseminate 
information and statistics and analyses thereof relating to the 
incidence and prevention of sexual assault.
    (c) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section [$80,000,000 for 
        each of fiscal years 2007 through 2011] $50,000,000 for 
        each of fiscal years 2012 through 2016.
          (2) National sexual violence resource center 
        allotment.--Of the total amount made available under 
        this subsection in each fiscal year, not less than 
        $1,500,000 shall be available for allotment under 
        subsection (b) of this section.
          (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.

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SEC. 280B-4. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND 
                    PREVENTION.

    (a) Purposes.--The Secretary of Health and Human Services 
acting through the National Center for Injury Prevention and 
Control at the Centers for Disease Control Prevention shall 
make grants to entities, including domestic and sexual assault 
coalitions and programs, research organizations, tribal 
organizations, and academic institutions to support research to 
examine prevention and intervention programs to further the 
understanding of sexual and domestic violence by and against 
adults, youth, and children.
    (b) Use of Funds.--The research conducted under this 
section shall include evaluation and study of best practices 
for reducing and preventing violence against women and children 
addressed by the strategies included in Department of Health 
and Human Services-related provisions this title, including 
strategies addressing underserved communities.
    (c) Authorization of Appropriations.--There shall be 
authorized to be appropriated to carry out this title 
[$2,000,000 for each of the fiscal years 2007 through 2011] 
$1,000,000 for each of the fiscal years 2012 through 2016.

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PART P--ADDITIONAL PROGRAMS

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[SEC. 280G-4. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
                    VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND 
                    STALKING.

    [(a) Authority to Award Grants.--
          [(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and 
        Prevention, shall award grants to eligible State, 
        tribal, territorial, or local entities to strengthen 
        the response of State, tribal, territorial, or local 
        health care systems to domestic violence, dating 
        violence, sexual assault, and stalking.
          [(2) Eligible entities.--To be eligible to receive a 
        grant under this section, an entity shall--
                  [(A) Be.--
                          [(i) a State department (or other 
                        division) of health, a State domestic 
                        or sexual assault coalition or service-
                        based program, State law enforcement 
                        task force, or any other nonprofit, 
                        nongovernmental, tribal, territorial, 
                        or State entity with a history of 
                        effective work in the fields of 
                        domestic violence, dating violence, 
                        sexual assault or stalking, and health 
                        care; or
                          [(ii) a local, nonprofit domestic 
                        violence, dating violence, sexual 
                        assault, or stalking service-based 
                        program, a local department (or other 
                        division) of health, a local health 
                        clinic, hospital, or health system, or 
                        any other nonprofit, tribal, or local 
                        entity with a history of effective work 
                        in the field of domestic or sexual 
                        violence and health;
                  [(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such agreements, assurances, and 
                information as the Secretary determines to be 
                necessary to carry out the purposes for which 
                the grant is to be made; and
                  [(C) demonstrate that the entity is 
                representing a team of organizations and 
                agencies working collaboratively to strengthen 
                the response of the health care system involved 
                to domestic violence, dating violence, sexual 
                assault, or stalking and that such team 
                includes domestic violence, dating violence, 
                sexual assault or stalking and health care 
                organizations.
          [(3) Duration.--A program conducted under a grant 
        awarded under this section shall not exceed 2 years.
    [(b) Use of Funds.--
          [(1) In general.--An entity shall use amounts 
        received under a grant under this section to design and 
        implement comprehensive strategies to improve the 
        response of the health care system involved to domestic 
        or sexual violence in clinical and public health 
        settings, hospitals, clinics, managed care settings 
        (including behavioral and mental health), and other 
        health settings.
          [(2) Mandatory strategies.--Strategies implemented 
        under paragraph (1) shall include the following:
                  [(A) The implementation, dissemination, and 
                evaluation of policies and procedures to guide 
                health care professionals and behavioral and 
                public health staff in 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 prohibits insurance discrimination.
                  [(B) The development of on-site access to 
                services to address the safety, medical, mental 
                health, and economic needs of patients either 
                by increasing the capacity of existing health 
                care professionals and behavioral and public 
                health staff to address domestic violence, 
                dating violence, sexual assault, and stalking, 
                by contracting with or hiring domestic or 
                sexual assault advocates to provide the 
                services, or to model other services 
                appropriate to the geographic and cultural 
                needs of a site.
                  [(C) The evaluation of practice and the 
                institutionalization of identification, 
                intervention, and documentation including 
                quality improvement measurements.
                  [(D) The provision of training and followup 
                technical assistance to health care 
                professionals, behavioral and public health 
                staff, and allied health professionals to 
                identify, assess, treat, and refer clients who 
                are victims of domestic violence, dating 
                violence, sexual violence, or stalking.
          [(3) Permissive strategies.--Strategies implemented 
        under paragraph (1) may include the following:
                  [(A) Where appropriate, 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 violence.
                  [(B) The creation, adaptation, and 
                implementation of public education campaigns 
                for patients concerning domestic violence, 
                dating violence, sexual assault, and stalking 
                prevention.
                  [(C) The development, adaptation, and 
                dissemination of domestic violence, dating 
                violence, sexual assault, and stalking 
                education materials to patients and health care 
                professionals and behavioral and public health 
                staff.
                  [(D) The promotion of the inclusion of 
                domestic violence, dating violence, sexual 
                assault, and stalking into health professional 
                training schools, including medical, dental, 
                nursing school, social work, and mental health 
                curriculum.
                  [(E) The integration 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.
    [(c) Allocation of Funds.--Funds appropriated under this 
section shall be distributed equally between State and local 
programs.
    [(d) Authorization of Appropriations.--There is authorized 
to be appropriated to award grants under this section, 
$5,000,000 for each of fiscal years 2007 through 2011.]

SEC. 280G-4. GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM'S RESPONSE TO 
                    DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT 
                    AND STALKING.

    (a) In General.--The Secretary shall award grants for--
          (1) the development or enhancement and implementation 
        of interdisciplinary training for health professionals, 
        public health staff, and allied health professionals;
          (2) the development or enhancement and implementation 
        of education programs for medical, nursing, dental, and 
        other health profession students and residents to 
        prevent and respond to domestic violence, dating 
        violence, sexual assault, and stalking; and
          (3) the development or enhancement and implementation 
        of comprehensive statewide strategies to improve the 
        response of clinics, public health facilities, 
        hospitals, and other health settings (including 
        behavioral and mental health programs) to domestic 
        violence, dating violence, sexual assault, and 
        stalking.
    (b) Use of Funds.--
          (1) Required uses.--Amounts provided under a grant 
        under this section shall be used to--
                  (A) fund interdisciplinary training and 
                education programs under paragraphs (1) and (2) 
                of subsection (a) that--
                          (i) are designed to train medical, 
                        psychology, dental, social work, 
                        nursing, and other health profession 
                        students, interns, residents, fellows, 
                        or current health care providers to 
                        identify and provide health care 
                        services (including mental or 
                        behavioral health care services and 
                        referrals to appropriate community 
                        services) to individuals who are or who 
                        have been victims of domestic violence, 
                        dating violence, sexual assault, or 
                        stalking; and
                          (ii) plan and develop culturally 
                        competent clinical training components 
                        for integration into approved 
                        internship, residency, and fellowship 
                        training or continuing medical or other 
                        health education training that address 
                        physical, mental, and behavioral health 
                        issues, including protective factors, 
                        related to domestic violence, dating 
                        violence, sexual assault, stalking, and 
                        other forms of violence and abuse, 
                        focus on reducing health disparities 
                        and preventing violence and abuse, and 
                        include the primacy of victim safety 
                        and confidentiality;
                  (B) design and implement comprehensive 
                strategies to improve the response of the 
                health care system to domestic or sexual 
                violence in clinical and public health 
                settings, hospitals, clinics, and other health 
                settings (including behavioral and mental 
                health), under subsection (a)(3) through--
                          (i) the implementation, 
                        dissemination, and evaluation of 
                        policies and procedures to guide health 
                        professionals and public health staff 
                        in identifying and responding to 
                        domestic violence, dating violence, 
                        sexual assault, and stalking, including 
                        strategies to ensure that health 
                        information is maintained in a manner 
                        that protects the patient's privacy and 
                        safety, and safely uses health 
                        information technology to improve 
                        documentation, identification, 
                        assessment, treatment, and follow-up 
                        care;
                          (ii) the development of on-site 
                        access to services to address the 
                        safety, medical, and mental health 
                        needs of patients by increasing the 
                        capacity of existing health care 
                        professionals and public health staff 
                        to address domestic violence, dating 
                        violence, sexual assault, and stalking, 
                        or by contracting with or hiring 
                        domestic or sexual assault advocates to 
                        provide such services or to model other 
                        services appropriate to the geographic 
                        and cultural needs of a site;
                          (iii) the development of measures and 
                        methods for the evaluation of the 
                        practice of identification, 
                        intervention, and documentation 
                        regarding victims of domestic violence, 
                        dating violence, sexual assault, and 
                        stalking, including the development and 
                        testing of quality improvement 
                        measurements, in accordance with the 
                        multi-stakeholder and quality 
                        measurement processes established under 
                        paragraphs (7) and (8) of section 
                        1890(b) and section 1890A of the Social 
                        Security Act (42 U.S.C. 1395aaa(b)(7) 
                        and (8); 42 U.S.C. 1890A); and
                          (iv) the provision of training and 
                        follow-up technical assistance to 
                        health care professionals, and public 
                        health staff, and allied health 
                        professionals to identify, assess, 
                        treat, and refer clients who are 
                        victims of domestic violence, dating 
                        violence, sexual assault, or stalking, 
                        including using tools and training 
                        materials already developed.
          (2) Permissible uses.--
                  (A) Child and elder abuse.--To the extent 
                consistent with the purpose of this section, a 
                grantee may use amounts received under this 
                section to address, as part of a comprehensive 
                programmatic approach implemented under the 
                grant, issues relating to child or elder abuse.
                  (B) Rural areas.--Grants funded under 
                paragraphs (1) and (2) of subsection (a) may be 
                used to offer to rural areas community-based 
                training opportunities, which may include the 
                use of distance learning networks and other 
                available technologies needed to reach isolated 
                rural areas, for medical, nursing, and other 
                health profession students and residents on 
                domestic violence, dating violence, sexual 
                assault, stalking, and, as appropriate, other 
                forms of violence and abuse.
                  (C) Other uses.--Grants funded under 
                subsection (a)(3) may be used for--
                          (i) the development of training 
                        modules and policies that address the 
                        overlap of child abuse, domestic 
                        violence, dating violence, sexual 
                        assault, and stalking and elder abuse, 
                        as well as childhood exposure to 
                        domestic and sexual violence;
                          (ii) the development, expansion, and 
                        implementation of sexual assault 
                        forensic medical examination or sexual 
                        assault nurse examiner programs;
                          (iii) the inclusion of the health 
                        effects of lifetime exposure to 
                        violence and abuse as well as related 
                        protective factors and behavioral risk 
                        factors in health professional training 
                        schools including medical, dental, 
                        nursing, social work, and mental and 
                        behavioral health curricula, and allied 
                        health service training courses; or
                          (iv) the integration of knowledge of 
                        domestic violence, dating violence, 
                        sexual assault, and stalking into 
                        health care accreditation and 
                        professional licensing examinations, 
                        such as medical, dental, social work, 
                        and nursing boards, and where 
                        appropriate, other allied health exams.
    (c) Requirements for Grantees.--
          (1) Confidentiality and safety.--
                  (A) In general.--Grantees under this section 
                shall ensure that all programs developed with 
                grant funds address issues of confidentiality 
                and patient safety and comply with applicable 
                confidentiality and nondisclosure requirements 
                under section 40002(b)(2) of the Violence 
                Against Women Act of 1994 and the Family 
                Violence Prevention and Services Act, and that 
                faculty and staff associated with delivering 
                educational components are fully trained in 
                procedures that will protect the immediate and 
                ongoing security and confidentiality of the 
                patients, patient records, and staff. Such 
                grantees shall consult entities with 
                demonstrated expertise in the confidentiality 
                and safety needs of victims of domestic 
                violence, dating violence, sexual assault, and 
                stalking on the development and adequacy of 
                confidentially and security procedures, and 
                provide documentation of such consultation.
                  (B) Advance notice of information 
                disclosure.--Grantees under this section shall 
                provide to patients advance notice about any 
                circumstances under which information may be 
                disclosed, such as mandatory reporting laws, 
                and shall give patients the option to receive 
                information and referrals without affirmatively 
                disclosing abuse.
          (2) Limitation on administrative expenses.--A grantee 
        shall use not more than 10 percent of the amounts 
        received under a grant under this section for 
        administrative expenses.
          (3) Application.--
                  (A) Preference.--In selecting grant 
                recipients under this section, the Secretary 
                shall give preference to applicants based on 
                the strength of their evaluation strategies, 
                with priority given to outcome based 
                evaluations.
                  (B) Subsection (a)(1) and (2) grantees.--
                Applications for grants under paragraphs (1) 
                and (2) of subsection (a) shall include--
                          (i) documentation that the applicant 
                        represents a team of entities working 
                        collaboratively to strengthen the 
                        response of the health care system to 
                        domestic violence, dating violence, 
                        sexual assault, or stalking, and which 
                        includes at least one of each of--
                                  (I) an accredited school of 
                                allopathic or osteopathic 
                                medicine, psychology, nursing, 
                                dentistry, social work, or 
                                other health field;
                                  (II) a health care facility 
                                or system; or
                                  (III) a government or 
                                nonprofit entity with a history 
                                of effective work in the fields 
                                of domestic violence, dating 
                                violence, sexual assault, or 
                                stalking; and
                          (ii) strategies for the dissemination 
                        and sharing of curricula and other 
                        educational materials developed under 
                        the grant, if any, with other 
                        interested health professions schools 
                        and national resource repositories for 
                        materials on domestic violence, dating 
                        violence, sexual assault, and stalking.
                  (C) Subsection (a)(3) grantees.--An entity 
                desiring a grant under subsection (a)(3) shall 
                submit an application to the Secretary at such 
                time, in such a manner, and containing such 
                information and assurances as the Secretary may 
                require, including--
                          (i) documentation that all training, 
                        education, screening, assessment, 
                        services, treatment, and any other 
                        approach to patient care will be 
                        informed by an understanding of 
                        violence and abuse victimization and 
                        trauma-specific approaches that will be 
                        integrated into prevention, 
                        intervention, and treatment activities;
                          (ii) strategies for the development 
                        and implementation of policies to 
                        prevent and address domestic violence, 
                        dating violence, sexual assault, and 
                        stalking over the lifespan in health 
                        care settings;
                          (iii) a plan for consulting with 
                        State and tribal domestic violence or 
                        sexual assault coalitions, national 
                        nonprofit victim advocacy 
                        organizations, State or tribal law 
                        enforcement task forces (where 
                        appropriate), and population specific 
                        organizations with demonstrated 
                        expertise in domestic violence, dating 
                        violence, sexual assault, or stalking;
                          (iv) with respect to an application 
                        for a grant under which the grantee 
                        will have contact with patients, a 
                        plan, developed in collaboration with 
                        local victim service providers, to 
                        respond appropriately to and make 
                        correct referrals for individuals who 
                        disclose that they are victims of 
                        domestic violence, dating violence, 
                        sexual assault, stalking, or other 
                        types of violence, and documentation 
                        provided by the grantee of an ongoing 
                        collaborative relationship with a local 
                        victim service provider; and
                          (v) with respect to an application 
                        for a grant proposing to fund a program 
                        described in subsection (b)(2)(C)(ii), 
                        a certification that any sexual assault 
                        forensic medical examination and sexual 
                        assault nurse examiner programs 
                        supported with such grant funds will 
                        adhere to the guidelines set forth by 
                        the Attorney General.
    (d) Eligible Entities.--
          (1) In general.--To be eligible to receive funding 
        under paragraph (1) or (2) of subsection (a), an entity 
        shall be--
                  (A) a nonprofit organization with a history 
                of effective work in the field of training 
                health professionals with an understanding of, 
                and clinical skills pertinent to, domestic 
                violence, dating violence, sexual assault, or 
                stalking, and lifetime exposure to violence and 
                abuse;
                  (B) an accredited school of allopathic or 
                osteopathic medicine, psychology, nursing, 
                dentistry, social work, or allied health;
                  (C) a health care provider membership or 
                professional organization, or a health care 
                system; or
                  (D) a State, tribal, territorial, or local 
                entity.
          (2) Subsection (a)(3) grantees.--To be eligible to 
        receive funding under subsection (a)(3), an entity 
        shall be--
                  (A) a State department (or other division) of 
                health, a State, tribal, or territorial 
                domestic violence or sexual assault coalition 
                or victim service provider, or any other 
                nonprofit, nongovernmental organization with a 
                history of effective work in the fields of 
                domestic violence, dating violence, sexual 
                assault, or stalking, and health care, 
                including physical or mental health care; or
                  (B) a local victim service provider, a local 
                department (or other division) of health, a 
                local health clinic, hospital, or health 
                system, or any other community-based 
                organization with a history of effective work 
                in the field of domestic violence, dating 
                violence, sexual assault, or stalking and 
                health care, including physical or mental 
                health care.
    (e) Technical Assistance.--
          (1) In general.--Of the funds made available to carry 
        out this section for any fiscal year, the Secretary may 
        make grants or enter into contracts to provide 
        technical assistance with respect to the planning, 
        development, and operation of any program, activity or 
        service carried out pursuant to this section. Not more 
        than 8 percent of the funds appropriated under this 
        section in each fiscal year may be used to fund 
        technical assistance under this subsection.
          (2) Availability of materials.--The Secretary shall 
        make publicly available materials developed by grantees 
        under this section, including materials on training, 
        best practices, and research and evaluation.
          (3) Reporting.--The Secretary shall publish a 
        biennial report on--
                  (A) the distribution of funds under this 
                section; and
                  (B) the programs and activities supported by 
                such funds.
    (f) Research and Evaluation.--
          (1) In general.--Of the funds made available to carry 
        out this section for any fiscal year, the Secretary may 
        use not more than 20 percent to make a grant or enter 
        into a contract for research and evaluation of--
                  (A) grants awarded under this section; and
                  (B) other training for health professionals 
                and effective interventions in the health care 
                setting that prevent domestic violence, dating 
                violence, and sexual assault across the 
                lifespan, prevent the health effects of such 
                violence, and improve the safety and health of 
                individuals who are currently being victimized.
          (2) Research.--Research authorized in paragraph (1) 
        may include--
                  (A) research on the effects of domestic 
                violence, dating violence, sexual assault, and 
                childhood exposure to domestic, dating or 
                sexual violence on health behaviors, health 
                conditions, and health status of individuals, 
                families, and populations, including 
                underserved populations;
                  (B) research to determine effective health 
                care interventions to respond to and prevent 
                domestic violence, dating violence, sexual 
                assault, and stalking;
                  (C) research on the impact of domestic, 
                dating and sexual violence, childhood exposure 
                to such violence, and stalking on the health 
                care system, health care utilization, health 
                care costs, and health status; and
                  (D) research on the impact of adverse 
                childhood experiences on adult experience with 
                domestic violence, dating violence, sexual 
                assault, stalking, and adult health outcomes, 
                including how to reduce or prevent the impact 
                of adverse childhood experiences through the 
                health care setting.
    (g) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section, $10,000,000 for 
each of fiscal years 2012 through 2016.
    (h) Definitions.--Except as otherwise provided herein, the 
definitions provided for in section 40002 of the Violence 
Against Women Act of 1994 shall apply to this section.

           *       *       *       *       *       *       *


Subchapter V--Health Professions Education

           *       *       *       *       *       *       *



PART D--INTERDISCIPLINARY, COMMUNITY-BASED LINKAGES

           *       *       *       *       *       *       *



SEC. 294H. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC 
                    VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE

    [(a) Grants.--The Secretary, acting through the Director of 
the Health Resources and Services Administration, shall award 
grants under this section to develop interdisciplinary training 
and education programs that provide undergraduate, graduate, 
post-graduate medical, nursing (including advanced practice 
nursing students), and other health professions students with 
an understanding of, and clinical skills pertinent to, domestic 
violence, sexual assault, stalking, and dating violence.
    [(b) Eligibility.--To be eligible to receive a grant under 
this section an entity shall--
          [(1) be an accredited school of allopathic or 
        osteopathic medicine;
          [(2) prepare and submit to the Secretary an 
        application at such time, in such manner, and 
        containing such information as the Secretary may 
        require, including--
                  [(A) information to demonstrate that the 
                applicant includes the meaningful participation 
                of a school of nursing and at least one other 
                school of health professions or graduate 
                program in public health, dentistry, social 
                work, midwifery, or behavioral and mental 
                health;
                  [(B) strategies for the dissemination and 
                sharing of curricula and other educational 
                materials developed under the grant to other 
                interested medical and nursing schools and 
                national resource repositories for materials on 
                domestic violence and sexual assault; and
                  [(C) a plan for consulting with community-
                based coalitions or individuals who have 
                experience and expertise in issues related to 
                domestic violence, sexual assault, dating 
                violence, and stalking for services provided 
                under the program carried out under the grant.
    [(c) Use of Funds.--
          [(1) Required uses.--Amounts provided under a grant 
        under this section shall be used to--
                  [(A) fund interdisciplinary training and 
                education projects that are designed to train 
                medical, nursing, and other health professions 
                students and residents to identify and provide 
                health care services (including mental or 
                behavioral health care services and referrals 
                to appropriate community services) to 
                individuals who are experiencing or who have 
                experienced domestic violence, sexual assault, 
                and stalking or dating violence; and
                  [(B) plan and develop culturally competent 
                clinical components for integration into 
                approved residency training programs that 
                address health issues related to domestic 
                violence, sexual assault, dating violence, and 
                stalking, along with other forms of violence as 
                appropriate, and include the primacy of victim 
                safety and confidentiality.
          [(2) Permissive uses.--Amounts provided under a grant 
        under this section may be used to--
                  [(A) offer community-based training 
                opportunities in rural areas for medical, 
                nursing, and other students and residents on 
                domestic violence, sexual assault, stalking, 
                and dating violence, and other forms of 
                violence and abuse, which may include the use 
                of distance learning networks and other 
                available technologies needed to reach isolated 
                rural areas; or
                  [(B) provide stipends to students who are 
                underrepresented in the health professions as 
                necessary to promote and enable their 
                participation in clerkships, preceptorships, or 
                other offsite training experiences that are 
                designed to develop health care clinical skills 
                related to domestic violence, sexual assault, 
                dating violence, and stalking.
          [(3) Requirements.--
                  [(A) Confidentiality and safety.--Grantees 
                under this section shall ensure that all 
                educational programs developed with grant funds 
                address issues of confidentiality and patient 
                safety, and that faculty and staff associated 
                with delivering educational components are 
                fully trained in procedures that will protect 
                the immediate and ongoing security of the 
                patients, patient records, and staff. Advocacy-
                based coalitions or other expertise available 
                in the community shall be consulted on the 
                development and adequacy of confidentially and 
                security procedures, and shall be fairly 
                compensated by grantees for their services.
                  [(B) Rural programs.--Rural training programs 
                carried out under paragraph (2)(A) shall 
                reflect adjustments in protocols and procedures 
                or referrals that may be needed to protect the 
                confidentiality and safety of patients who live 
                in small or isolated communities and who are 
                currently or have previously experienced 
                violence or abuse.
          [(4) Child and elder abuse.--Issues related to child 
        and elder abuse may be addressed as part of a 
        comprehensive programmatic approach implemented under a 
        grant under this section.
    [(d) Requirements of Grantees.--
          [(1) Limitation on administrative expenses.--A 
        grantee shall not use more than 10 percent of the 
        amounts received under a grant under this section for 
        administrative expenses.
          [(2) Contribution of funds.--A grantee under this 
        section, and any entity receiving assistance under the 
        grant for training and education, shall contribute non-
        Federal funds, either directly or through in-kind 
        contributions, to the costs of the activities to be 
        funded under the grant in an amount that is not less 
        than 25 percent of the total cost of such activities.
    [(e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section, $3,000,000 for 
each of fiscal years 2007 through 2011. Amounts appropriated 
under this subsection shall remain available until expended.]

           *       *       *       *       *       *       *


CHAPTER 8--LOW-INCOME HOUSING

           *       *       *       *       *       *       *



Subchapter I--General Program of Assisted Housing

           *       *       *       *       *       *       *



SEC. 1437D. CONTRACT PROVISIONS AND REQUIREMENTS; LOANS AND ANNUAL 
                    CONTRIBUTIONS

           *       *       *       *       *       *       *


    (c) Revision of Maximum Income Limits; Certification of 
Compliance With Requirements; Notification of Eligibility; 
Informal Hearing; Compliance With Procedures for Sound 
Management.--Every contract for contributions shall provide 
that--
          (1) the Secretary may require the public housing 
        agency to review and revise its maximum income limits 
        if the Secretary determines that changed conditions in 
        the locality make such revision necessary in achieving 
        the purposes of this chapter;
          (2) the public housing agency shall determine, and so 
        certify to the Secretary, that each family in the 
        project was admitted in accordance with duly adopted 
        regulations and approved income limits; and the public 
        housing agency shall review the incomes of families 
        living in the project no less frequently than annually;
          [(3) the public housing agency shall not deny 
        admission to the project to any applicant on the basis 
        that the applicant is or has been a victim of domestic 
        violence, dating violence, or stalking if the applicant 
        otherwise qualifies for assistance or admission, and 
        that nothing in this section shall be construed 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, or 
        stalking;]
          [(4)] (3) the public housing agency shall promptly 
        notify (i) any applicant determined to be ineligible 
        for admission to the project of the basis for such 
        determination and provide the applicant upon request, 
        within a reasonable time after the determination is 
        made, with an opportunity for an informal hearing on 
        such determination, and (ii) any applicant determined 
        to be eligible for admission to the project of the 
        approximate date of occupancy insofar as such date can 
        be reasonably determined; and
          [(5)] (4) the public housing agency shall comply with 
        such procedures and requirements as the Secretary may 
        prescribe to assure that sound management practices 
        will be followed in the operation of the project, 
        including requirements pertaining to--
                  (A) making dwelling units in public housing 
                available for occupancy, which shall provide 
                that the public housing agency may establish a 
                system for making dwelling units available that 
                provides preference for such occupancy to 
                families having certain characteristics; each 
                system of preferences established pursuant to 
                this subparagraph shall be based upon local 
                housing needs and priorities, as determined by 
                the public housing agency using generally 
                accepted data sources, including any 
                information obtained pursuant to an opportunity 
                for public comment as provided under section 
                1437c-1(f) of this title and under the 
                requirements applicable to the comprehensive 
                housing affordability strategy for the relevant 
                jurisdiction;
                  (B) the establishment of satisfactory 
                procedures designed to assure the prompt 
                payment and collection of rents and the prompt 
                processing of evictions in the case of 
                nonpayment of rent;
                  (C) the establishment of effective tenant-
                management relationships designed to assure 
                that satisfactory standards of tenant security 
                and project maintenance are formulated and that 
                the public housing agency (together with tenant 
                councils where they exist) enforces those 
                standards fully and effectively;
                  (D) the development by local housing 
                authority managements of viable homeownership 
                opportunity programs for low-income families 
                capable of assuming the responsibilities of 
                homeownership;
                  (E) for each agency that receives assistance 
                under this subchapter, the establishment and 
                maintenance of a system of accounting for 
                rental collections and costs (including 
                administrative, utility, maintenance, repair 
                and other operating costs) for each project or 
                operating cost center (as determined by the 
                Secretary), which collections and costs shall 
                be made available to the general public and 
                submitted to the appropriate local public 
                official (as determined by the Secretary); 
                except that the Secretary may permit agencies 
                owning or operating less than 500 units to 
                comply with the requirements of this 
                subparagraph by accounting on an agency-wide 
                basis; and
                  (F) requiring the public housing agency to 
                ensure and maintain compliance with subtitle C 
                of title VI of the Housing and Community 
                Development Act of 1992 [42 U.S.C.A. Sec. 13601 
                et seq.] and any regulations issued under such 
                subtitle.

           *       *       *       *       *       *       *

    (l) Leases; Terms and Conditions; Maintenance; 
Termination.--Each public housing agency shall utilize leases 
which--
          (1) have a term of 12 months and shall be 
        automatically renewed for all purposes except for 
        noncompliance with the requirements under section 
        1437j(c) of this title (relating to community service 
        requirements); except that nothing in this subchapter 
        shall prevent a resident from seeking timely redress in 
        court for failure to renew based on such noncompliance;
          (2) do not contain unreasonable terms and conditions;
          (3) obligate the public housing agency to maintain 
        the project in a decent, safe, and sanitary condition;
          (4) require the public housing agency to give 
        adequate written notice of termination of the lease 
        which shall not be less than--
                  (A) a reasonable period of time, but not to 
                exceed 30 days--
                          (i) if the health or safety of other 
                        tenants, public housing agency 
                        employees, or persons residing in the 
                        immediate vicinity of the premises is 
                        threatened; or
                          (ii) in the event of any drug-related 
                        or violent criminal activity or any 
                        felony conviction;
                  (B) 14 days in the case of nonpayment of 
                rent; and
                  (C) 30 days in any other case, except that if 
                a State or local law provides for a shorter 
                period of time, such shorter period shall 
                apply;
          (5) require that the public housing agency may not 
        terminate the tenancy except for serious or repeated 
        violation of the terms or conditions of the lease or 
        for other good cause[, 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];
          (6) provide that any criminal activity that threatens 
        the health, safety, or right to peaceful enjoyment of 
        the premises by other tenants or any drug-related 
        criminal activity on or off such premises, engaged in 
        by a public housing tenant, any member of the tenant's 
        household, or any guest or other person under the 
        tenant's control, shall be cause for termination of 
        tenancy[; except that: (A) criminal activity directly 
        relating to domestic violence, dating violence, or 
        stalking, engaged in by a member of a tenant's 
        household or any guest or other person under the 
        tenant's control, shall not be cause for termination of 
        the tenancy or occupancy rights, if the tenant or 
        immediate member of the tenant's family is a victim of 
        that domestic violence, dating violence, or stalking; 
        (B) notwithstanding subparagraph (A) or any Federal, 
        State, or local law to the contrary, a public housing 
        agency may bifurcate a lease under this section, or 
        remove a household member from a lease under this 
        section, without regard to whether a household member 
        is a signatory to a lease, in order to evict, remove, 
        terminate occupancy rights, or terminate assistance to 
        any individual who is a tenant or lawful occupant and 
        who engages in criminal acts of physical violence 
        against family members or others, without evicting, 
        removing, terminating assistance to, or otherwise 
        penalizing the victim of such violence who is also a 
        tenant or lawful occupant and such eviction, removal, 
        termination of occupancy rights, or termination of 
        assistance shall be effected in accordance with the 
        procedures prescribed by Federal, State, and local law 
        for the termination of leases or assistance under the 
        relevant program of HUD-assisted housing; (C) nothing 
        in subparagraph (A) may be construed to limit the 
        authority of a public housing agency, when notified, to 
        honor court orders addressing rights of access to or 
        control of the property, including civil protection 
        orders issued to protect the victim and issued to 
        address the distribution or possession of property 
        among the household members in cases where a family 
        breaks up; (D) nothing in subparagraph (A) limits any 
        otherwise available authority of a public housing 
        agency to evict a tenant for any violation of a lease 
        not premised on the act or acts of violence in question 
        against the tenant or a member of the tenant's 
        household, provided that the public housing agency 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; (E) nothing 
        in subparagraph (A) may be construed to limit the 
        authority of a public housing agency to terminate the 
        tenancy of any tenant if the public housing agency can 
        demonstrate an actual and imminent threat to other 
        tenants or those employed at or providing service to 
        the property if that tenant's tenancy is not 
        terminated; and (F) nothing in this section shall be 
        construed 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, or stalking];
          (7) specify that with respect to any notice of 
        eviction or termination, notwithstanding any State law, 
        a public housing tenant shall be informed of the 
        opportunity, prior to any hearing or trial, to examine 
        any relevant documents, records, or regulations 
        directly related to the eviction or termination;
          (8) provide that any occupancy in violation of 
        section 13661(b) of this title (relating to 
        ineligibility of illegal drug users and alcohol 
        abusers) or the furnishing of any false or misleading 
        information pursuant to section 13662 of this title 
        (relating to termination of tenancy and assistance for 
        illegal drug users and alcohol abusers) shall be cause 
        for termination of tenancy;
          (9) provide that it shall be cause for immediate 
        termination of the tenancy of a public housing tenant 
        if such tenant--
                  (A) is fleeing to avoid prosecution, or 
                custody or confinement after conviction, under 
                the laws of the place from which the individual 
                flees, for a crime, or attempt to commit a 
                crime, which is a felony under the laws of the 
                place from which the individual flees, or 
                which, in the case of the State of New Jersey, 
                is a high misdemeanor under the laws of such 
                State; or
                  (B) is violating a condition of probation or 
                parole imposed under Federal or State law.
        For purposes of paragraph (5), the term ``drug-related 
        criminal activity'' means the illegal manufacture, 
        sale, distribution, use, or possession with intent to 
        manufacture, sell, distribute, or use, of a controlled 
        substance (as defined in section 802 of Title 21).

           *       *       *       *       *       *       *

    [(u) Certification and Confidentiality.--
          [(1) Certification.--
                  [(A) In general.--A public housing agency 
                responding to subsection (l)(5) and (6) of this 
                section may request that an individual certify 
                via a HUD approved certification form that the 
                individual is a victim of domestic violence, 
                dating violence, or stalking, and that the 
                incident or incidents in question are bona fide 
                incidents of such actual or threatened abuse 
                and meet the requirements set forth in the 
                aforementioned paragraphs. Such certification 
                shall include the name of the perpetrator. The 
                individual shall provide such certification 
                within 14 business days after the individual 
                receives a request for such certification from 
                the public housing agency.
                  [(B) Failure to provide certification.--If 
                the individual does not provide the 
                certification within 14 business days after the 
                individual has received a request in writing 
                for such certification from the public housing 
                agency, nothing in this subsection, or in 
                paragraph (5) or (6) of subsection (l) of this 
                section, may be construed to limit the 
                authority of the public housing agency to evict 
                any tenant or lawful occupant that commits 
                violations of a lease. The public housing 
                agency may extend the 14-day deadline at its 
                discretion.
                  [(C) Contents.--An individual may satisfy the 
                certification requirement of subparagraph (A) 
                by--
                          [(i) providing the requesting public 
                        housing agency with documentation 
                        signed by an employee, agent, or 
                        volunteer of a victim service provider, 
                        an attorney, or a medical professional, 
                        from whom the victim has sought 
                        assistance in addressing domestic 
                        violence, dating violence, or stalking, 
                        or the effects of the abuse, in which 
                        the professional attests under penalty 
                        of perjury (28 U.S.C. 1746) to the 
                        professional's belief that the incident 
                        or incidents in question are bona fide 
                        incidents of abuse, and the victim of 
                        domestic violence, dating violence, or 
                        stalking has signed or attested to the 
                        documentation; or
                          [(ii) producing a Federal, State, 
                        tribal, territorial, or local police or 
                        court record.
                  [(D) Limitation.--Nothing in this subsection 
                shall be construed to require any public 
                housing agency to demand that an individual 
                produce official documentation or physical 
                proof of the individual's status as a victim of 
                domestic violence, dating violence, or stalking 
                in order to receive any of the benefits 
                provided in this section. At the public housing 
                agency's discretion, a public housing agency 
                may provide benefits to an individual based 
                solely on the individual's statement or other 
                corroborating evidence.
                  [(E) Preemption.--Nothing in this section 
                shall be construed 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, or stalking.
                  [(F) Compliance not sufficient to constitute 
                evidence of unreasonable act.--Compliance with 
                this statute by a public housing agency, or 
                assisted housing provider based on the 
                certification specified in subparagraphs (A) 
                and (B) of this subsection or based solely on 
                the victim's statement or other corroborating 
                evidence, as permitted by subparagraph (D) of 
                this subsection, shall not alone be sufficient 
                to constitute evidence of an unreasonable act 
                or omission by a public housing agency or 
                employee thereof. Nothing in this subparagraph 
                shall be construed to limit liability for 
                failure to comply with the requirements of 
                subsection (l)(5) and (6) of this section.
          [(2) Confidentiality.--
                  [(A) In general.--All information provided to 
                any public housing agency pursuant to paragraph 
                (1), including the fact that an individual is a 
                victim of domestic violence, dating violence, 
                or stalking, shall be retained in confidence by 
                such public housing agency, and shall neither 
                be entered into any shared database nor 
                provided to any related entity, except to the 
                extent that disclosure is--
                          [(i) requested or consented to by the 
                        individual in writing;
                          [(ii) required for use in an eviction 
                        proceeding under subsection (l)(5) or 
                        (6) of this section; or
                          [(iii) otherwise required by 
                        applicable law.
                  [(B) Notification.--Public housing agencies 
                must provide notice to tenants assisted under 
                this section of their rights under this section 
                and subsection (l)(5) and (6) of this section, 
                including their right to confidentiality and 
                the limits thereof.]
          [(3) Definitions.--For purposes of this subsection, 
        subsection (c)(3), and subsection (l)(5) and (6) of 
        this section--
                  [(A) the term ``domestic violence'' has the 
                same meaning given the term in section 13925 of 
                this title;
                  [(B) the term ``dating violence'' has the 
                same meaning given the term in section 13925 of 
                this title;
                  [(C) the term ``stalking'' means--
                          [(i)(I) to follow, pursue, or 
                        repeatedly commit acts with the intent 
                        to kill, injure, harass, or intimidate; 
                        or
                          [(II) to place under surveillance 
                        with the intent to kill, injure, 
                        harass, or intimidate another person; 
                        and
                          [(ii) in the course of, or as a 
                        result of, such following, pursuit, 
                        surveillance, or repeatedly committed 
                        acts, to place a person in reasonable 
                        fear of the death of, or serious bodily 
                        injury to, or to cause substantial 
                        emotional harm to--
                                  [(I) that person;
                                  [(II) a member of the 
                                immediate family of that 
                                person; or
                                  [(III) the spouse or intimate 
                                partner of that person; and
                  [(D) the term ``immediate family member'' 
                means, with respect to a person--
                          [(i) a spouse, parent, brother or 
                        sister, or child of that person, or an 
                        individual to whom that person stands 
                        in loco parentis; or
                          [(ii) any other person living in the 
                        household of that person and related to 
                        that person by blood or marriage.]

           *       *       *       *       *       *       *


SEC. 1437F. LOW-INCOME HOUSING ASSISTANCE.

           *       *       *       *       *       *       *


    (c) Contents and Purposes of Contracts for Assistance 
Payments; Amount and Scope of Monthly Assistance Payments.--

           *       *       *       *       *       *       *

          [(9)(A) 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.
          [(B) 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 shall not be good cause for terminating 
        the assistance, tenancy, or occupancy rights of the 
        victim of such violence.
          [(C)(i) Criminal activity directly relating to 
        domestic violence, dating violence, or stalking, 
        engaged in by a member of a tenant's household or any 
        guest or other person under the tenant's control shall 
        not be cause for termination of assistance, tenancy, or 
        occupancy rights if the tenant or an immediate member 
        of the tenant's family is the victim or threatened 
        victim of that domestic violence, dating violence, or 
        stalking.
          [(ii) Notwithstanding clause (i) or any Federal, 
        State, or local law to the contrary, an owner or 
        manager may bifurcate a lease under this section, or 
        remove a household member from a lease under this 
        section, without regard to whether a household member 
        is a signatory to a lease, in order to evict, remove, 
        terminate occupancy rights, or terminate assistance to 
        any individual who is a tenant or lawful occupant and 
        who engages in criminal acts of physical violence 
        against family members or others, without evicting, 
        removing, terminating assistance to, or otherwise 
        penalizing the victim of such violence who is also a 
        tenant or lawful occupant. Such eviction, removal, 
        termination of occupancy rights, or termination of 
        assistance shall be effected in accordance with the 
        procedures prescribed by Federal, State, and local law 
        for the termination of leases or assistance under the 
        relevant program of HUD-assisted housing.
          [(iii) Nothing in clause (i) may be construed to 
        limit the authority of a public housing agency, owner, 
        or manager, when notified, to honor court orders 
        addressing rights of access to or control of the 
        property, including civil protection orders issued to 
        protect the victim and issued to address the 
        distribution or possession of property among the 
        household members in cases where a family breaks up.
          [(iv) Nothing in clause (i) limits any otherwise 
        available authority of an owner or manager to evict or 
        the public housing agency to terminate assistance to a 
        tenant for any violation of a lease not premised on the 
        act or acts of violence in question against the tenant 
        or a member of the tenant's household, provided that 
        the owner or manager does not subject an individual who 
        is or has been a victim of domestic violence, dating 
        violence, or stalking to a more demanding standard than 
        other tenants in determining whether to evict or 
        terminate.
          [(v) Nothing in clause (i) may be construed to limit 
        the authority of an owner, manager, or public housing 
        agency to evict or terminate from assistance any tenant 
        or lawful occupant if the owner, manager or public 
        housing agency can demonstrate an actual and imminent 
        threat to other tenants or those employed at or 
        providing service to the property if that tenant is not 
        evicted or terminated from assistance.
          [(vi) Nothing in this section shall be construed 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, or 
        stalking.]
    (d) Required Provisions and Duration of Contracts for 
Assistance Payments; Waiver of Limitation.--
          (1) Contracts to make assistance payments entered 
        into by a public housing agency with an owner of 
        existing housing units shall provide (with respect to 
        any unit) that--
                  (A) the selection of tenants shall be the 
                function of the owner, subject to the annual 
                contributions contract between the Secretary 
                and the agency, except that with respect to the 
                certificate and moderate rehabilitation 
                programs only, for the purpose of selecting 
                families to be assisted, the public housing 
                agency may establish local preferences, 
                consistent with the public housing agency plan 
                submitted under section 1437c-1 of this title 
                by the public housing agency [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];
                  (B)(i) the lease between the tenant and the 
                owner shall be for at least one year or the 
                term of such contract, whichever is shorter, 
                and shall contain other terms and conditions 
                specified by the Secretary;
                  (ii) during the term of the lease, the owner 
                shall not terminate the tenancy except for 
                serious or repeated violation of the terms and 
                conditions of the lease, for violation of 
                applicable Federal, State, or local law, or for 
                other good cause[, 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];
                  (iii) during the term of the lease, any 
                criminal activity that threatens the health, 
                safety, or right to peaceful enjoyment of the 
                premises by other tenants, any criminal 
                activity that threatens the health, safety, or 
                right to peaceful enjoyment of their residences 
                by persons residing in the immediate vicinity 
                of the premises, or any drug-related criminal 
                activity on or near such premises, engaged in 
                by a tenant of any unit, any member of the 
                tenant's household, or any guest or other 
                person under the tenant's control, shall be 
                cause for termination of tenancy[, except that: 
                (I) criminal activity directly relating to 
                domestic violence, dating violence, or 
                stalking, engaged in by a member of a tenant's 
                household or any guest or other person under 
                the tenant's control, shall not be cause for 
                termination of the tenancy or occupancy rights 
                or program assistance, if the tenant or 
                immediate member of the tenant's family is a 
                victim of that domestic violence, dating 
                violence, or stalking; (II) Notwithstanding 
                subclause (I) or any Federal, State, or local 
                law to the contrary, a public housing agency 
                may terminate assistance to, or an owner or 
                manager may bifurcate a lease under this 
                section, or remove a household member from a 
                lease under this section, without regard to 
                whether a household member is a signatory to a 
                lease, in order to evict, remove, terminate 
                occupancy rights, or terminate assistance to 
                any individual who is a tenant or lawful 
                occupant and who engages in criminal acts of 
                physical violence against family members or 
                others, without evicting, removing, terminating 
                assistance to, or otherwise penalizing the 
                victim of such violence who is also a tenant or 
                lawful occupant. Such eviction, removal, 
                termination of occupancy rights, or termination 
                of assistance shall be effected in accordance 
                with the procedures prescribed by Federal, 
                State, and local law for the termination of 
                leases or assistance under the relevant program 
                of HUD-assisted housing; (III) nothing in 
                subclause (I) may be construed to limit the 
                authority of a public housing agency, owner, or 
                manager, when notified, to honor court orders 
                addressing rights of access to or control of 
                the property, including civil protection orders 
                issued to protect the victim and issued to 
                address the distribution or possession of 
                property among the household members in cases 
                where a family breaks up; (IV) nothing in 
                subclause (I) limits any otherwise available 
                authority of an owner or manager to evict or 
                the public housing agency to terminate 
                assistance to a tenant for any violation of a 
                lease not premised on the act or acts of 
                violence in question against the tenant or a 
                member of the tenant's household, provided that 
                the owner, manager, or public housing agency 
                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; (V) nothing in 
                subclause (I) may be construed to limit the 
                authority of an owner or manager to evict, or 
                the public housing agency to terminate 
                assistance, to any tenant if the owner, 
                manager, or public housing agency can 
                demonstrate an actual and imminent threat to 
                other tenants or those employed at or providing 
                service to the property if that tenant is not 
                evicted or terminated from assistance; and (VI) 
                nothing in this section shall be construed 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, or stalking];

           *       *       *       *       *       *       *

    (f) Definitions.--As used in this section--
          (1) the term ``owner'' means any private person or 
        entity, including a cooperative, an agency of the 
        Federal Government, or a public housing agency, having 
        the legal right to lease or sublease dwelling units;
          (2) the terms ``rent'' or ``rental'' mean, with 
        respect to members of a cooperative, the charges under 
        the occupancy agreements between such members and the 
        cooperative;
          (3) the term ``debt service'' means the required 
        payments for principal and interest made with respect 
        to a mortgage secured by housing assisted under this 
        chapter;
          (4) the term ``participating jurisdiction'' means a 
        State or unit of general local government designated by 
        the Secretary to be a participating jurisdiction under 
        title II of the Cranston-Gonzalez National Affordable 
        Housing Act [42 U.S.C.A. Sec. 12721 et seq.];
          (5) the term ``drug-related criminal activity'' means 
        the illegal manufacture, sale, distribution, use, or 
        possession with intent to manufacture, sell, 
        distribute, or use, of a controlled substance (as 
        defined in section 802 of Title 21);
          (6) the term ``project-based assistance'' means 
        rental assistance under subsection (b) of this section 
        that is attached to the structure pursuant to 
        subsection (d)(2) or (o)(13) of this section; and
          (7) the term ``tenant-based assistance'' means rental 
        assistance under subsection (o) of this section that is 
        not project-based assistance and that provides for the 
        eligible family to select suitable housing and to move 
        to other suitable housing[;].
          [(8) the term ``domestic violence'' has the same 
        meaning given the term in section 13925 of this title;
          [(9) the term ``dating violence'' has the same 
        meaning given the term in section 13925 of this title;
          [(10) the term ``stalking'' means--
                  [(A)(i) to follow, pursue, or repeatedly 
                commit acts with the intent to kill, injure, 
                harass, or intimidate another person; or
                  [(ii) to place under surveillance with the 
                intent to kill, injure, harass, or intimidate 
                another person; and
                  [(B) in the course of, or as a result of, 
                such following, pursuit, surveillance, or 
                repeatedly committed acts, to place a person in 
                reasonable fear of the death of, or serious 
                bodily injury to, or to cause substantial 
                emotional harm to--
                          [(i) that person;
                          [(ii) a member of the immediate 
                        family of that person; or
                          [(iii) the spouse or intimate partner 
                        of that person; and
          [(11) the term ``immediate family member'' means, 
        with respect to a person--
                  [(A) a spouse, parent, brother or sister, or 
                child of that person, or an individual to whom 
                that person stands in loco parentis; or
                  [(B) any other person living in the household 
                of that person and related to that person by 
                blood or marriage.]

           *       *       *       *       *       *       *

    (o) Voucher Program.--

           *       *       *       *       *       *       *

          (6) Selection of families and disapproval of 
        owners.--
                  (A) Preferences.--
                          (i) Authority to establish.--Each 
                        public housing agency may establish a 
                        system for making tenant-based 
                        assistance under this subsection 
                        available on behalf of eligible 
                        families that provides preference for 
                        such assistance to eligible families 
                        having certain characteristics, which 
                        may include a preference for families 
                        residing in public housing who are 
                        victims of a crime of violence (as such 
                        term is defined in section 16 of Title 
                        18) that has been reported to an 
                        appropriate law enforcement agency.
                          (ii) Content.--Each system of 
                        preferences established pursuant to 
                        this subparagraph shall be based upon 
                        local housing needs and priorities, as 
                        determined by the public housing agency 
                        using generally accepted data sources, 
                        including any information obtained 
                        pursuant to an opportunity for public 
                        comment as provided under section 
                        1437c-1(f) of this title and under the 
                        requirements applicable to the 
                        comprehensive housing affordability 
                        strategy for the relevant jurisdiction.
                  (B) Selection of tenants.--Each housing 
                assistance payment contract entered into by the 
                public housing agency and the owner of a 
                dwelling unit shall provide that the screening 
                and selection of families for those units shall 
                be the function of the owner. In addition, the 
                public housing agency may elect to screen 
                applicants for the program in accordance with 
                such requirements as the Secretary may 
                establish. 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. [Nothing in this section shall be 
                construed 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, 
                or stalking.]
                  (C) PHA disapproval of owners.--In addition 
                to other grounds authorized by the Secretary, a 
                public housing agency may elect not to enter 
                into a housing assistance payments contract 
                under this subsection with an owner who 
                refuses, or has a history of refusing, to take 
                action to terminate tenancy for activity 
                engaged in by the tenant, any member of the 
                tenant's household, any guest, or any other 
                person under the control of any member of the 
                household that--
                          (i) threatens the health or safety 
                        of, or right to peaceful enjoyment of 
                        the premises by, other tenants or 
                        employees of the public housing agency, 
                        owner, or other manager of the housing;
                          (ii) threatens the health or safety 
                        of, or right to peaceful enjoyment of 
                        the residences by, persons residing in 
                        the immediate vicinity of the premises; 
                        or
                          (iii) is drug-related or violent 
                        criminal activity.
          (7) Leases and tenancy.--Each housing assistance 
        payment contract entered into by the public housing 
        agency and the owner of a dwelling unit--
                  (A) shall provide that the lease between the 
                tenant and the owner shall be for a term of not 
                less than 1 year, except that the public 
                housing agency may approve a shorter term for 
                an initial lease between the tenant and the 
                dwelling unit owner if the public housing 
                agency determines that such shorter term would 
                improve housing opportunities for the tenant 
                and if such shorter term is considered to be a 
                prevailing local market practice;
                  (B) shall provide that the dwelling unit 
                owner shall offer leases to tenants assisted 
                under this subsection that--
                          (i) are in a standard form used in 
                        the locality by the dwelling unit 
                        owner; and
                          (ii) contain terms and conditions 
                        that--
                                  (I) are consistent with State 
                                and local law; and
                                  (II) apply generally to 
                                tenants in the property who are 
                                not assisted under this 
                                section;
                  (C) shall provide that during the term of the 
                lease, the owner shall not terminate the 
                tenancy except for serious or repeated 
                violation of the terms and conditions of the 
                lease, for violation of applicable Federal, 
                State, or local law, or for other good cause, 
                [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 in the case of an owner who 
                is an immediate successor in interest pursuant 
                to foreclosure during the term of the lease 
                vacating the property prior to sale shall not 
                constitute other good cause, except that the 
                owner may terminate the tenancy effective on 
                the date of transfer of the unit to the owner 
                if the owner--
                          (i) will occupy the unit as a primary 
                        residence; and
                          (ii) has provided the tenant a notice 
                        to vacate at least 90 days before the 
                        effective date of such notice.;
                  (D) shall provide that during the term of the 
                lease, any criminal activity that threatens the 
                health, safety, or right to peaceful enjoyment 
                of the premises by other tenants, any criminal 
                activity that threatens the health, safety, or 
                right to peaceful enjoyment of their residences 
                by persons residing in the immediate vicinity 
                of the premises, or any violent or drug-related 
                criminal activity on or near such premises, 
                engaged in by a tenant of any unit, any member 
                of the tenant's household, or any guest or 
                other person under the tenant's control, shall 
                be cause for termination of tenancy[; except 
                that (i) criminal activity directly relating to 
                domestic violence, dating violence, or 
                stalking, engaged in by a member of a tenant's 
                household or any guest or other person under 
                the tenant's control shall not be cause for 
                termination of the tenancy or occupancy rights, 
                if the tenant or immediate member of the 
                tenant's family is a victim of that domestic 
                violence, dating violence, or stalking; (ii) 
                Limitation.--Notwithstanding clause (i) or any 
                Federal, State, or local law to the contrary, a 
                public housing agency may terminate assistance 
                to, or an owner or manager may bifurcate a 
                lease under this section, or remove a household 
                member from a lease under this section, without 
                regard to whether a household member is a 
                signatory to a lease, in order to evict, 
                remove, terminate occupancy rights, or 
                terminate assistance to any individual who is a 
                tenant or lawful occupant and who engages in 
                criminal acts of physical violence against 
                family members or others, without evicting, 
                removing, terminating assistance to, or 
                otherwise penalizing the victim of such 
                violence who is also a tenant or lawful 
                occupant. Such eviction, removal, termination 
                of occupancy rights, or termination of 
                assistance shall be effected in accordance with 
                the procedures prescribed by Federal, State, 
                and local law for the termination of leases or 
                assistance under the relevant program of HUD-
                assisted housing. (iii) nothing in clause (i) 
                may be construed to limit the authority of a 
                public housing agency, owner, or manager, when 
                notified, to honor court orders addressing 
                rights of access or control of the property, 
                including civil protection orders issued to 
                protect the victim and issued to address the 
                distribution or possession of property among 
                the household members in cases where a family 
                breaks up; (iv) nothing in clause (i) limits 
                any otherwise available authority of an owner 
                or manager to evict or the public housing 
                agency to terminate assistance to a tenant for 
                any violation of a lease not premised on the 
                act or acts of violence in question against the 
                tenant or a member of the tenant's household, 
                provided that the owner, manager, or public 
                housing agency 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; (v) 
                nothing in clause (i) may be construed to limit 
                the authority of an owner or manager to evict, 
                or the public housing agency to terminate 
                assistance to any tenant if the owner, manager, 
                or public housing agency can demonstrate an 
                actual and imminent threat to other tenants or 
                those employed at or providing service to the 
                property if that tenant is not evicted or 
                terminated from assistance; and (vi) nothing in 
                this section shall be construed 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, or stalking.];
                  (E) shall provide that any termination of 
                tenancy under this subsection shall be preceded 
                by the provision of written notice by the owner 
                to the tenant specifying the grounds for that 
                action, and any relief shall be consistent with 
                applicable State and local law; and
                  (F) may include any addenda required by the 
                Secretary to set forth the provisions of this 
                subsection. In the case of any foreclosure on 
                any federally-related mortgage loan (as that 
                term is defined in section 2602 of Title 12) or 
                on any residential real property in which a 
                recipient of assistance under this subsection 
                resides, the immediate successor in interest in 
                such property pursuant to the foreclosure shall 
                assume such interest subject to the lease 
                between the prior owner and the tenant and to 
                the housing assistance payments contract 
                between the prior owner and the public housing 
                agency for the occupied unit, except that this 
                provision and the provisions related to 
                foreclosure in subparagraph (C) shall not shall 
                not affect any State or local law that provides 
                longer time periods or other additional 
                protections for tenants[;].

           *       *       *       *       *       *       *

          [(20) Prohibited basis for termination of 
        assistance.--
                  [(A) In general.--A public housing agency may 
                not terminate assistance to a participant in 
                the voucher program on the basis of an incident 
                or incidents of actual or threatened domestic 
                violence, dating violence, or stalking against 
                that participant.
                  [(B) Construal of lease provisions.--Criminal 
                activity directly relating to domestic 
                violence, dating violence, or stalking shall 
                not be considered a serious or repeated 
                violation of the lease by the victim or 
                threatened victim of that criminal activity 
                justifying termination of assistance to the 
                victim or threatened victim.
                  [(C) Termination on the basis of criminal 
                activity.--Criminal activity directly relating 
                to domestic violence, dating violence, or 
                stalking shall not be considered cause for 
                termination of assistance for any participant 
                or immediate member of a participant's family 
                who is a victim of the domestic violence, 
                dating violence, or stalking.
                  [(D) Exceptions.--
                          [(i) Public housing authority right 
                        to terminate for criminal acts.--
                        Nothing in subparagraph (A), (B), or 
                        (C) may be construed to limit the 
                        authority of the public housing agency 
                        to terminate voucher assistance to 
                        individuals who engage in criminal acts 
                        of physical violence against family 
                        members or others.
                          [(ii) Compliance with court orders.--
                        Nothing in subparagraph (A), (B), or 
                        (C) may be construed to limit the 
                        authority of a public housing agency, 
                        when notified, to honor court orders 
                        addressing rights of access to or 
                        control of the property, including 
                        civil protection orders issued to 
                        protect the victim and issued to 
                        address the distribution or possession 
                        of property among the household members 
                        in cases where a family breaks up.
                          [(iii) Public housing authority right 
                        to terminate voucher assistance for 
                        lease violations.--Nothing in 
                        subparagraph (A), (B), or (C) limit any 
                        otherwise available authority of the 
                        public housing agency to terminate 
                        voucher assistance to a tenant for any 
                        violation of a lease not premised on 
                        the act or acts of violence in question 
                        against the tenant or a member of the 
                        tenant's household, provided that the 
                        public housing agency 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 terminate.
                          [(iv) Public housing authority right 
                        to terminate voucher assistance for 
                        imminent threat.--Nothing in 
                        subparagraph (A), (B), or (C) may be 
                        construed to limit the authority of the 
                        public housing agency to terminate 
                        voucher assistance to a tenant if the 
                        public housing agency can demonstrate 
                        an actual and imminent threat to other 
                        tenants or those employed at or 
                        providing service to the property or 
                        public housing agency if that tenant is 
                        not evicted or terminated from 
                        assistance.
                          [(v) Preemption.--Nothing in this 
                        section shall be construed 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, or stalking.]

           *       *       *       *       *       *       *

    [(ee) Certification and Confidentiality.--
          [(1) Certification.--
                  [(A) In general.--An owner, manager, or 
                public housing agency responding to subsections 
                (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), 
                (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) of 
                this section may request that an individual 
                certify via a HUD approved certification form 
                that the individual is a victim of domestic 
                violence, dating violence, or stalking, and 
                that the incident or incidents in question are 
                bona fide incidents of such actual or 
                threatened abuse and meet the requirements set 
                forth in the aforementioned paragraphs. Such 
                certification shall include the name of the 
                perpetrator. The individual shall provide such 
                certification within 14 business days after the 
                individual receives a request for such 
                certification from the owner, manager, or 
                public housing agency.
                  [(B) Failure to provide certification.--If 
                the individual does not provide the 
                certification within 14 business days after the 
                individual has received a request in writing 
                for such certification for the owner, manager, 
                or public housing agency, nothing in this 
                subsection or in subsection (c)(9), 
                (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), 
                (o)(7)(D), (o)(20), or (r)(5) of this section 
                may be construed to limit the authority of an 
                owner or manager to evict, or the public 
                housing agency or assisted housing provider to 
                terminate voucher assistance for, any tenant or 
                lawful occupant that commits violations of a 
                lease. The owner, manager or public housing 
                agency may extend the 14-day deadline at their 
                discretion.
                  [(C) Contents.--An individual may satisfy the 
                certification requirement of subparagraph (A) 
                by--
                          [(i) providing the requesting owner, 
                        manager, or public housing agency with 
                        documentation signed by an employee, 
                        agent, or volunteer of a victim service 
                        provider, an attorney, or a medical 
                        professional, from whom the victim has 
                        sought assistance in addressing 
                        domestic violence, dating violence, or 
                        stalking, or the effects of the abuse, 
                        in which the professional attests under 
                        penalty of perjury (28 U.S.C. 1746) to 
                        the professional's belief that the 
                        incident or incidents in question are 
                        bona fide incidents of abuse, and the 
                        victim of domestic violence, dating 
                        violence, or stalking has signed or 
                        attested to the documentation; or
                          [(ii) producing a Federal, State, 
                        tribal, territorial, or local police or 
                        court record.
                  [(D) Limitation.--Nothing in this subsection 
                shall be construed to require an owner, 
                manager, or public housing agency to demand 
                that an individual produce official 
                documentation or physical proof of the 
                individual's status as a victim of domestic 
                violence, dating violence, or stalking in order 
                to receive any of the benefits provided in this 
                section. At their discretion, the owner, 
                manager, or public housing agency may provide 
                benefits to an individual based solely on the 
                individual's statement or other corroborating 
                evidence.
                  [(E) Compliance not sufficient to constitute 
                evidence of unreasonable act.--Compliance with 
                this statute by an owner, manager or public 
                housing agency based on the certification 
                specified in paragraphs (1)(A) and (B) of this 
                subsection or based solely on the victim's 
                statement or other corroborating evidence, as 
                permitted by paragraph (1)(C) of this 
                subsection, shall not alone be sufficient to 
                constitute evidence of an unreasonable act or 
                omission by an owner, manager or public housing 
                agency, or employee thereof. Nothing in this 
                subparagraph shall be construed to limit 
                liability for failure to comply with the 
                requirements of subsection (c)(9), 
                (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), 
                (o)(7)(D), (o)(20), or (r)(5) of this section.
                  [(F) Preemption.--Nothing in this section 
                shall be construed 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, or stalking.
          [(2) Confidentiality.--
                  [(A) In general.--All information provided to 
                an owner, manager, or public housing agency 
                pursuant to paragraph (1), including the fact 
                that an individual is a victim of domestic 
                violence, dating violence, or stalking, shall 
                be retained in confidence by an owner, manager, 
                or public housing agency, and shall neither be 
                entered into any shared database nor provided 
                to any related entity, except to the extent 
                that disclosure is--
                          [(i) requested or consented to by the 
                        individual in writing;
                          [(ii) required for use in an eviction 
                        proceeding under subsection (c)(9), 
                        (d)(1)(B(ii), (d)(1)(B)(iii), 
                        (o)(7)(C), (o)(7)(D), or (o)(20) of 
                        this section,; or
                          [(iii) otherwise required by 
                        applicable law.
                  [(B) Notification.--Public housing agencies 
                must provide notice to tenants assisted under 
                this section of their rights under this 
                subsection and subsections (c)(9), 
                (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), 
                (o)(7)(D), (o)(20), and (r)(5) of this section, 
                including their right to confidentiality and 
                the limits thereof, and to owners and managers 
                of their rights and obligations under this 
                subsection and subsections (c)(9), 
                (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), 
                (o)(7)(D), (o)(20), and (r)(5) of this 
                section.]

           *       *       *       *       *       *       *


CHAPTER 21--CIVIL RIGHTS

           *       *       *       *       *       *       *



Subchapter I-A--Institutionalized Persons

           *       *       *       *       *       *       *



SEC. 1997E. SUITS BY PRISONERS.

           *       *       *       *       *       *       *


    (e) Limitation on Recovery.--No Federal civil action may be 
brought by a prisoner confined in a jail, prison, or other 
correctional facility, for mental or emotional injury suffered 
while in custody without a prior showing of physical injury or 
the commission of a sexual act (as defined in section 2246 of 
title 18, United States Code).

           *       *       *       *       *       *       *


CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *



SUBCHAPTER X--FUNDING

           *       *       *       *       *       *       *



SEC. 3793. AUTHORIZATION OF APPROPRIATIONS.

    (a)(18) There is authorized to be appropriated to carry out 
subchapter XII-H of this chapter [$225,000,000 for each of 
fiscal years 2007 through 2011] $222,000,000 for each of fiscal 
years 2012 through 2016.
    (19) There is authorized to be appropriated to carry out 
subchapter XII-I of this chapter [$75,000,000 for each of 
fiscal years 2007 through 2011.] $73,000,000 for each of fiscal 
years 2012 through 2016. Funds appropriated under this 
paragraph shall remain available until expended.

           *       *       *       *       *       *       *


SEC. 3796GG. PURPOSE OF PROGRAM AND GRANTS.

           *       *       *       *       *       *       *


    (b) Purposes for Which Grants May Be Used.--Grants under 
this subchapter shall provide personnel, training, technical 
assistance, data collection and other [equipment] resources for 
the more widespread apprehension, prosecution, and adjudication 
of persons committing violent crimes against women, for the 
protection and safety of victims, and specifically, for the 
purposes of--
          (1) training law enforcement officers, judges, other 
        court personnel, and prosecutors to more effectively 
        identify and respond to violent crimes against women, 
        including the crimes of [sexual assault, domestic 
        violence, and dating violence] 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));
          (2) developing, training, or expanding units of law 
        enforcement officers, judges, other court personnel, 
        and prosecutors specifically targeting violent crimes 
        against women, including the crimes of [sexual assault 
        and domestic violence] domestic violence, dating 
        violence, sexual assault, and stalking;
          (3) developing and implementing more effective 
        police, court, and prosecution policies, protocols, 
        orders, and services specifically devoted to 
        preventing, identifying, and responding to violent 
        crimes against women, including the crimes of [sexual 
        assault and domestic violence] domestic violence, 
        dating violence, sexual assault, and stalking, as well 
        as the appropriate treatment of victims;
          (4) developing, installing, or expanding data 
        collection and communication systems, including 
        computerized systems, linking police, prosecutors, and 
        courts or for the purpose of identifying, classifying, 
        and tracking arrests, protection orders, violations of 
        protection orders, prosecutions, and convictions for 
        violent crimes against women, including the crimes of 
        [sexual assault and domestic violence] domestic 
        violence, dating violence, sexual assault, and 
        stalking;
          (5) developing, enlarging, or strengthening victim 
        services and legal assistance programs, including 
        sexual assault, [domestic violence and dating violence 
        programs] domestic violence, dating violence, and 
        stalking, developing or improving delivery of victim 
        services to underserved populations, providing 
        specialized domestic violence court advocates in courts 
        where a significant number of protection orders are 
        granted, and increasing reporting and reducing 
        attrition rates for cases involving violent crimes 
        against women, including crimes of [sexual assault and 
        domestic violence] domestic violence, dating violence, 
        sexual assault, and stalking;
          [(6) developing, enlarging, or strengthening programs 
        addressing stalking;]
          [(7)] (6) developing, enlarging, or strengthening 
        programs addressing the needs and circumstances of 
        Indian tribes in dealing with violent crimes against 
        women, including the crimes of [sexual assault and 
        domestic violence] domestic violence, dating violence, 
        sexual assault, and stalking;
          [(8)] (7) supporting formal and informal statewide, 
        multidisciplinary efforts, to the extent not supported 
        by State funds, to coordinate the response of State law 
        enforcement agencies, prosecutors, courts, victim 
        services agencies, and other State agencies and 
        departments, to violent crimes against women, including 
        the crimes of sexual assault, domestic violence, [and 
        dating violence] dating violence, and stalking;
          [(9)] (8) training of sexual assault forensic medical 
        personnel examiners in the collection and preservation 
        of evidence, analysis, prevention, and providing expert 
        testimony and treatment of trauma related to sexual 
        assault;
          [(10)] (9) developing, enlarging, or strengthening 
        programs to assist law enforcement, prosecutors, 
        courts, and others to address the needs and 
        circumstances of older and disabled women who are 
        victims of [domestic violence or sexual assault] 
        domestic violence, dating violence, sexual assault, or 
        stalking, including recognizing, investigating, and 
        prosecuting instances of such violence or assault and 
        targeting outreach and support, counseling, and other 
        victim services to such older and disabled individuals;
          [(11)] (10) providing assistance to victims of 
        domestic violence and sexual assault in immigration 
        matters;
          [(12)] (11) maintaining core victim services and 
        criminal justice initiatives, while supporting 
        complementary new initiatives and emergency services 
        for victims and their families;
          [(13)] (12) supporting the placement of special 
        victim assistants (to be known as ``Jessica Gonzales 
        Victim Assistants'') in local law enforcement agencies 
        to serve as liaisons between victims of domestic 
        violence, dating violence, sexual assault, and stalking 
        and personnel in local law enforcement agencies in 
        order to improve the enforcement of protection orders. 
        Jessica Gonzales Victim Assistants shall have expertise 
        in domestic violence, dating violence, sexual assault, 
        or stalking and may undertake the following 
        activities--
                  (A) developing, in collaboration with 
                prosecutors, courts, and victim service 
                providers, standardized response policies for 
                local law enforcement agencies, including 
                [triage protocols to ensure that dangerous or 
                potentially lethal cases are identified and 
                prioritized] the use of evidence-based 
                indicators to assess the risk of domestic and 
                dating violence homicide and prioritize 
                dangerous or potentially lethal cases;
                  (B) notifying persons seeking enforcement of 
                protection orders as to what responses will be 
                provided by the relevant law enforcement 
                agency;
                  (C) referring persons seeking enforcement of 
                protection orders to supplementary services 
                (such as emergency shelter programs, hotlines, 
                or legal assistance services); and
                  (D) taking other appropriate action to assist 
                or secure the safety of the person seeking 
                enforcement of a protection order; [and]
          [(14)] (13) [to provide] providing funding to law 
        enforcement agencies, [nonprofit nongovernmental] 
        victim services providers, and State, tribal, 
        territorial, and local governments[,] (which funding 
        stream shall be known as the Crystal Judson Domestic 
        Violence Protocol Program) to promote--
                  (A) the development and implementation of 
                training for local victim domestic violence 
                service providers, and to fund victim services 
                personnel, to be known as ``Crystal Judson 
                Victim Advocates,'' to provide supportive 
                services and advocacy for victims of domestic 
                violence committed by law enforcement 
                personnel;
                  (B) the implementation of protocols within 
                law enforcement agencies to ensure consistent 
                and effective responses to the commission of 
                domestic violence by personnel within such 
                agencies (such as the model policy promulgated 
                by the International Association of Chiefs of 
                Police (``Domestic Violence by Police Officers: 
                A Policy of the IACP, Police Response to 
                Violence Against Women Project'' July 2003));
                  (C) the development of such protocols in 
                collaboration with State, tribal, territorial 
                and local victim service providers and domestic 
                violence coalitions.
Any law enforcement, State, tribal, territorial, or local 
government agency receiving funding under the Crystal Judson 
Domestic Violence Protocol Program [under paragraph (14)] shall 
on an annual basis, receive additional training on the topic of 
incidents of domestic violence committed by law enforcement 
personnel from domestic violence and sexual assault nonprofit 
organizations and, after a period of 2 years, provide a report 
of the adopted protocol to the Department of Justice, including 
a summary of progress in implementing such protocol[.];
          (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.

           *       *       *       *       *       *       *

    [(d) Tribal Coalition Grants.--
          [(1) Purpose.--The Attorney General shall award 
        grants to tribal domestic violence and sexual assault 
        coalitions for purposes of--
                  [(A) increasing awareness of domestic 
                violence and sexual assault against American 
                Indian and Alaska Native women;
                  [(B) enhancing the response to violence 
                against American Indian and Alaska Native women 
                at the tribal, Federal, and State levels; and
                  [(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential 
                services to American Indian women victimized by 
                domestic and sexual violence.
          [(2) Grants to tribal coalitions.--The Attorney 
        General shall award grants under paragraph (1) to--
                  [(A) established nonprofit, nongovernmental 
                tribal coalitions addressing domestic violence 
                and sexual assault against American Indian and 
                Alaska Native women; and
                  [(B) individuals or organizations that 
                propose to incorporate as nonprofit, 
                nongovernmental tribal coalitions to address 
                domestic violence and sexual assault against 
                American Indian and Alaska Native women.
          [(3) Eligibility for other grants.--Receipt of an 
        award under this subsection by tribal domestic violence 
        and sexual assault coalitions shall not preclude the 
        coalition from receiving additional grants under this 
        chapter to carry out the purposes described in 
        subsection (b) of this section.]
    (d) Tribal Coalition Grants.--
          (1) Purpose.--The Attorney General shall award a 
        grant to tribal coalitions for purposes of--
                  (A) increasing awareness of domestic violence 
                and sexual assault against Indian women;
                  (B) enhancing the response to violence 
                against Indian women at the Federal, State, and 
                tribal levels;
                  (C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential 
                services to Indian women victimized by domestic 
                and sexual violence, including sex trafficking; 
                and
                  (D) assisting Indian tribes in developing and 
                promoting State, local, and tribal legislation 
                and policies that enhance best practices for 
                responding to violent crimes against Indian 
                women, including the crimes of domestic 
                violence, dating violence, sexual assault, sex 
                trafficking, and stalking.
          (2) Grants.--The Attorney General shall award grants 
        on an annual basis under paragraph (1) to--
                  (A) each tribal coalition that--
                          (i) meets the criteria of a tribal 
                        coalition under section 40002(a) of the 
                        Violence Against Women Act of 1994 (42 
                        U.S.C. 13925(a));
                          (ii) is recognized by the Office on 
                        Violence Against Women; and
                          (iii) provides services to Indian 
                        tribes; and
                  (B) organizations that propose to incorporate 
                and operate a tribal coalition in areas where 
                Indian tribes are located but no tribal 
                coalition exists.
          (3) Use of amounts.--For each of fiscal years 2012 
        through 2016, of the amounts appropriated to carry out 
        this subsection--
                  (A) not more than 10 percent shall be made 
                available to organizations described in 
                paragraph (2)(B), provided that 1 or more 
                organizations determined by the Attorney 
                General to be qualified apply; and
                  (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. 3796GG-1. STATE GRANTS.

    (a) General Grants.--The Attorney General may make grants 
to States, for use by States, State and local courts (including 
juvenile courts), units of local government, [nonprofit 
nongovernmental victim services programs] victim service 
providers, and Indian tribal governments for the purposes 
described in section 3796gg(b) of this title.
    (b) Amounts.--Of the amounts appropriated for the purposes 
of this subchapter--
          (1) 10 percent shall be available for grants under 
        the program authorized by section 3796gg-10 of this 
        title, which shall not otherwise be subject to the 
        requirements of this subchapter (other than section 
        3796gg-2 of this title);
          (2) 2.5 percent shall be available for grants for 
        State domestic violence coalitions under section 
        3796gg(c) of this title, with the coalition for each 
        State, the coalition for the District of Columbia, the 
        coalition for the Commonwealth of Puerto Rico, the 
        coalition for Guam, the coalition for American Samoa, 
        the coalition for the United States Virgin Islands, and 
        the coalition for the Commonwealth of the Northern 
        Mariana Islands, each receiving an amount equal to 1/56 
        of the total amount made available under this paragraph 
        for each fiscal year;
          (3) 2.5 percent shall be available for grants for 
        State sexual assault coalitions under section 3796gg(c) 
        of this title, with the coalition for each State, the 
        coalition for the District of Columbia, the coalition 
        for the Commonwealth of Puerto Rico, coalitions for 
        Guam, American Samoa, the United States Virgin Islands, 
        and the Commonwealth of the Northern Mariana Islands, 
        each receiving an amount equal to 1/56 of the total 
        amount made available under this paragraph for each 
        fiscal year;
          (4) 1/56 shall be available for grants under section 
        3796gg(d) of this title;
          (5) $600,000 shall be available for grants to 
        applicants in each State; and
          (6) the remaining funds shall be available for grants 
        to applicants in each State in an amount that bears the 
        same ratio to the amount of remaining funds as the 
        population of the State bears to the population of all 
        of the States that results from a distribution among 
        the States on the basis of each State's population in 
        relation to the population of all States [(not 
        including populations of Indian tribes)].
    (c) Qualification.--Upon satisfying the terms of subsection 
(d) of this section, any State shall be qualified for funds 
provided under this subchapter upon certification that--
          (1) the funds shall be used for any of the purposes 
        described in section 3796gg(b) of this title;
          [(2) grantees and subgrantees shall develop a plan 
        for implementation and shall consult and coordinate 
        with nonprofit, nongovernmental victim services 
        programs, including sexual assault and domestic 
        violence victim services programs and describe how the 
        State will address the needs of underserved 
        populations;]
          (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;
          (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).
          [(3)] (4) of the amount granted--
                  (A) not less than 25 percent shall be 
                allocated for law enforcement [and not less 
                than 25 percent shall be allocated for 
                prosecutors];
                  (B) not less than 25 percent shall be 
                allocated for prosecutors;
                  [(B)] (C) not less than 30 percent shall be 
                allocated for victims services of which at 
                least 10 percent shall be distributed to 
                culturally specific community-based 
                organizations; and
                  [(C)] (D) not less than 5 percent shall be 
                allocated [for] to State and local courts 
                (including juvenile courts); and
          [(4) any Federal funds received under this subchapter 
        shall be used to supplement, not supplant, non-Federal 
        funds that would otherwise be available for activities 
        funded under this chapter.]
          (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) Application Requirements.--The application 
requirements provided in section 3763 of this title shall apply 
to grants made under this subchapter. In addition, each 
application shall include the certifications of qualification 
required by subsection (c) of this section, including 
documentation from nonprofit, nongovernmental victim services 
programs, describing their participation in developing the plan 
required by subsection (c)(2) of this section. An application 
shall include--
          [(1) documentation from the prosecution, law 
        enforcement, court, and victim services programs to be 
        assisted, demonstrating--
                  [(A) need for the grant funds;
                  [(B) intended use of the grant funds;
                  [(C) expected results from the use of grant 
                funds; and
                  [(D) demographic characteristics of the 
                populations to be served, including age, 
                marital status, disability, race, ethnicity and 
                language background;
          [(2) proof of compliance with the requirements for 
        the payment of forensic medical exams provided in 
        section 3796gg-4 of this title; and
          [(3) proof of compliance with the requirements for 
        paying filing and service fees for domestic violence 
        cases provided in section 3796gg-5 of this title; and
          [(4) documentation showing that tribal, territorial, 
        State or local prosecution, law enforcement, and courts 
        have consulted with tribal, territorial, State, or 
        local victim service programs during the course of 
        developing their grant applications in order to ensure 
        that proposed services, activities and equipment 
        acquisitions are designed to promote the safety, 
        confidentiality, and economic independence of victims 
        of domestic violence, sexual assault, stalking, and 
        dating violence.]
    (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) Disbursement.--
          (1) In general.--Not later than 60 days after the 
        receipt of an application under this subchapter, the 
        Attorney General shall--
                  (A) disburse the appropriate sums provided 
                for under this subchapter; or
                  (B) inform the applicant why the application 
                does not conform to the terms of section 3763 
                of this title or to the requirements of this 
                section.
          (2) Regulations.--In disbursing monies under this 
        subchapter, the Attorney General shall issue 
        regulations to ensure that States will--
                  (A) give priority to areas of varying 
                geographic size with the greatest showing of 
                need based on the availability of existing 
                [domestic violence and sexual assault programs] 
                domestic violence, dating violence, sexual 
                assault, and stalking in the population and 
                geographic area to be served in relation to the 
                availability of such programs in other such 
                populations and geographic areas;
                  (B) determine the amount of subgrants based 
                on the population and geographic area to be 
                served;
                  (C) equitably distribute monies on a 
                geographic basis including nonurban and rural 
                areas of various geographic sizes; and
                  (D) recognize and meaningfully respond to the 
                needs of underserved populations and ensure 
                that monies set aside to fund [linguistically 
                and] culturally specific services and 
                activities for underserved populations are 
                distributed equitably among those populations.
          (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) Federal Share.--The Federal share of a grant made under 
this subchapter may not exceed 75 percent of the total costs of 
the projects described in the application submitted[.], 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.
    (g) Indian Tribes.--Funds appropriated by the Congress for 
the activities of any agency of an Indian tribal government or 
of the Bureau of Indian Affairs performing law enforcement 
functions on any Indian lands may be used to provide the non-
Federal share of the cost of programs or projects funded under 
this subchapter.
    (h) Grantee Reporting.--
          (1) In general.--Upon completion of the grant period 
        under this subchapter, a State or Indian tribal grantee 
        shall file a performance report with the Attorney 
        General explaining the activities carried out, which 
        report shall include an assessment of the effectiveness 
        of those activities in achieving the purposes of this 
        subchapter.
          (2) Certification by grantee and subgrantees.--A 
        section of the performance report shall be completed by 
        each grantee and subgrantee that performed the direct 
        services contemplated in the application, certifying 
        performance of direct services under the grant.
          (3) Suspension of funding.--The Attorney General 
        shall suspend funding for an approved application if--
                  (A) an applicant fails to submit an annual 
                performance report;
                  (B) funds are expended for purposes other 
                than those described in this subchapter; or
                  (C) a report under paragraph (1) or 
                accompanying assessments demonstrate to the 
                Attorney General that the program is 
                ineffective or financially unsound.
    (i) Implementation Plans.--A State applying for a grant 
under this part shall--
          (1) develop an implementation plan in consultation 
        with the entities listed in subsection (c)(2), that 
        identifies how the State will use the funds awarded 
        under this part, including how the State will meet the 
        requirements of subsection (c)(5); and
          (2) submit to the Attorney General--
                  (A) the implementation plan developed under 
                paragraph (1);
                  (B) documentation from each member of the 
                planning committee as to their participation in 
                the planning process;
                  (C) documentation from the prosecution, law 
                enforcement, court, and victim services 
                programs to be assisted, describing--
                          (i) the need for the grant funds;
                          (ii) the intended use of the grant 
                        funds;
                          (iii) the expected result of the 
                        grant funds; and
                          (iv) the demographic characteristics 
                        of the populations to be served, 
                        including age, disability, race, 
                        ethnicity, and language background;
                  (D) a description of how the State will 
                ensure that any subgrantees will consult with 
                victim service providers during the course of 
                developing their grant applications in order to 
                ensure that the proposed activities are 
                designed to promote the safety, 
                confidentiality, and economic independence of 
                victims;
                  (E) demographic data on the distribution of 
                underserved populations within the State and a 
                description of how the State will meet the 
                needs of underserved populations, including the 
                minimum allocation for population specific 
                services required under subsection (c)(4)(C);
                  (F) a description of how the State plans to 
                meet the regulations issued pursuant to 
                subsection (e)(2);
                  (G) goals and objectives for reducing 
                domestic violence-related homicides within the 
                State; and
                  (H) any other information requested by the 
                Attorney General.
    (j) Reallocation of Funds.--A State may use any returned or 
remaining funds for any authorized purpose under this part if--
          (1) funds from a subgrant awarded under this part are 
        returned to the State; or
          (2) the State does not receive sufficient eligible 
        applications to award the full funding within the 
        allocations in subsection (c)(4)

           *       *       *       *       *       *       *


SEC. 3796GG-4. RAPE EXAM PAYMENTS.

    (a) Restriction of Funds.--
          [(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 incurs the full out-of-pocket cost 
        of forensic medical exams described in subsection (b) 
        of this section for victims of sexual assault.]
          (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.
          (2) Redistribution.--Funds withheld from a State or 
        unit of local government under paragraph (1) shall be 
        distributed to other States or units of local 
        government pro rata. Funds withheld from an Indian 
        tribal government under paragraph (1) shall be 
        distributed to other Indian tribal governments pro 
        rata.
    (b) Medical Costs.--A State, Indian tribal government, or 
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual 
assault if any government entity--
          (1) provides such exams to victims free of charge to 
        the victim; or
          (2) arranges for victims to obtain such exams free of 
        charge to the victims[; or].
          [(3) reimburses victims for the cost of such exams 
        if--
                  [(A) the reimbursement covers the full cost 
                of such exams, without any deductible 
                requirement or limit on the amount of a 
                reimbursement;
                  [(B) the reimbursing governmental entity 
                permits victims to apply for reimbursement for 
                not less than one year from the date of the 
                exam;
                  [(C) the reimbursing governmental entity 
                provides reimbursement not later than 90 days 
                after written notification of the victim's 
                expense; and
                  [(D) the State, Indian tribal government, 
                unit of local government, or reimbursing 
                governmental entity provides information at the 
                time of the exam to all victims, including 
                victims with limited or no English proficiency, 
                regarding how to obtain reimbursement.]
    (c) Use of Funds.-- A State or Indian tribal government may 
use Federal grant funds under this subchapter to pay for 
forensic medical exams performed by trained examiners for 
victims of sexual assault, except that such funds may not be 
used to pay for forensic medical exams by any State, Indian 
tribal government, or territorial government that requires 
victims of sexual assault to seek reimbursement for such exams 
from their insurance carriers.
    [(d) Rule of Construction.--
          [(1) In general.--in this section shall be construed 
        to permit a State, Indian tribal government, or 
        territorial government to require a victim of sexual 
        assault to participate in the criminal justice system 
        or cooperate with law enforcement in order to be 
        provided with a forensic medical exam, reimbursement 
        for charges incurred on account of such an exam, or 
        both.
          [(2) Compliance period.--States, territories, and 
        Indian tribal governments shall have 3 years from 
        January 5, 2006 to come into compliance with this 
        subsection.]
    (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.

           *       *       *       *       *       *       *


SEC. 3796GG-5. COSTS FOR CRIMINAL CHARGES AND PROTECTION ORDERS.

    (a) 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, or unit 
of local government--
          (1) certifies that its laws, policies, and practices 
        do not require, in connection with the prosecution of 
        any misdemeanor or felony domestic violence offense, 
        dating violence, sexual assault, or stalking, or in 
        connection with the filing, issuance, registration, 
        modification, enforcement, dismissal, withdrawal or 
        service of a protection order, or a petition for a 
        protection order, to protect a [victim of domestic 
        violence, stalking, or sexual assault] victim of 
        domestic violence, dating violence, sexual assault, or 
        stalking, that the victim bear the costs associated 
        with the filing of criminal charges against the 
        offender, or the costs associated with the filing, 
        issuance, registration, modification, enforcement, 
        dismissal, withdrawal or service of a warrant, 
        protection order, petition for a protection order, or 
        witness subpoena, whether issued inside or outside the 
        State, tribal, or local jurisdiction; or
          (2) gives the Attorney General assurances that its 
        laws, policies and practices will be in compliance with 
        the requirements of paragraph (1) within the later of--
                  (A) the period ending on the date on which 
                the next session of the State legislature ends; 
                or
                  (B) 2 years after October 28, 2000.
    (b) Redistribution.--Funds withheld from a State, unit of 
local government, or Indian tribal government under subsection 
(a) of this section shall be distributed to other States, units 
of local government, and Indian tribal government, 
respectively, pro rata.
    (c) Definition.--In this section, the term ``protection 
order'' has the meaning given the term in section 2266 of Title 
18.

           *       *       *       *       *       *       *


SEC. 3796GG-6. LEGAL ASSISTANCE FOR VICTIMS.

    (a) In General.--The purpose of this section is to enable 
the Attorney General to award grants to increase the 
availability of civil and criminal legal assistance necessary 
to provide effective aid to adult and youth victims of domestic 
violence, dating violence, stalking, or sexual assault who are 
seeking relief in legal matters [arising as a consequence of] 
relating to or arising out of that abuse or violence, at 
minimal or no cost to the victims. Criminal legal assistance 
provided for under this section shall be limited to criminal 
matters relating to or arising out of domestic violence, sexual 
assault, dating violence, and stalking.
    (b) Definitions and Grant Conditions.--In this section, the 
definitions and grant conditions provided in section 13925 of 
this title.
    (c) Legal Assistance for Victims Grants.--The Attorney 
General may award grants under this subsection to private 
nonprofit entities, Indian tribal governments and tribal 
organizations, territorial organizations and publicly funded 
organizations not acting in a governmental capacity such as law 
schools, and which shall be used--
          (1) to implement, expand, and establish cooperative 
        efforts and projects between domestic violence, dating 
        violence, and sexual assault [victim services 
        organizations] victim service providers and legal 
        assistance providers to provide legal assistance for 
        victims of domestic violence, dating violence, 
        stalking, and sexual assault;
          (2) to implement, expand, and establish efforts and 
        projects to provide legal assistance for victims of 
        domestic violence, dating violence, stalking, and 
        sexual assault by organizations with a demonstrated 
        history of providing direct legal or advocacy services 
        on behalf of these victims; and
          [(3) to provide training, technical assistance, and 
        data collection to improve the capacity of grantees and 
        other entities to offer legal assistance to victims of 
        domestic violence, dating violence, stalking, and 
        sexual assault.]
          (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.
    (d) Eligibility.--To be eligible for a grant under 
subsection (c) of this section, applicants shall certify in 
writing that--
          (1) any person providing legal assistance through a 
        program funded under subsection (c) of [this section 
        has completed or will complete training in connection 
        with domestic violence, dating violence, or sexual 
        assault and related legal issues;] 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;
          (2) any training program conducted in satisfaction of 
        the requirement of paragraph (1) has been or will be 
        developed with input from and in collaboration with a 
        tribal, State, territorial, or local domestic violence, 
        dating violence, sexual assault or [stalking 
        organization] stalking victim service provider or 
        coalition, as well as appropriate tribal, State, 
        territorial, and local law enforcement officials;
          (3) any person or organization providing legal 
        assistance through a program funded under subsection 
        (c) of this section has informed and will continue to 
        inform State, local, or tribal domestic violence, 
        dating violence, or sexual assault programs and 
        coalitions, as well as appropriate State and local law 
        enforcement officials of their work; and
          (4) the grantee's organizational policies do not 
        require mediation or counseling involving offenders and 
        victims physically together, in cases where sexual 
        assault, domestic violence, dating violence, or child 
        sexual abuse is an issue.
    (e) Evaluation.--The Attorney General may evaluate the 
grants funded under this section through contracts or other 
arrangements with entities expert on domestic violence, dating 
violence, stalking, and sexual assault, and on evaluation 
research.
    (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out [this section $65,000,000 for 
        each of fiscal years 2007 through 2011.] this section 
        $57,000,000 for each of fiscal years 2012 through 2016.
          (2) Allocation of funds.--
                  (A) Tribal programs.--Of the amount made 
                available under this subsection in each fiscal 
                year, not less than 3 percent shall be used for 
                grants for programs that assist adult and youth 
                victims of domestic violence, dating violence, 
                stalking, and sexual assault on lands within 
                the jurisdiction of an Indian tribe.
                  (B) Tribal government program.--
                          (i) In general.--Not less than 7 
                        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.
                          (ii) Applicability of part.--The 
                        requirements of this section shall not 
                        apply to funds allocated for the 
                        program described in clause (i).
                  (C) Victims of sexual assault.--Of the amount 
                made available under this subsection in each 
                fiscal year, not less than 25 percent shall be 
                used for direct services, training, and 
                technical assistance to support projects 
                focused solely or primarily on providing legal 
                assistance to victims of sexual assault.
          (3) Nonsupplantation.--Amounts made available under 
        this section shall be used to supplement and not 
        supplant other Federal, State, and local funds expended 
        to further the purpose of this section.

           *       *       *       *       *       *       *


SEC. 3796GG-7. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END 
                    VIOLENCE AGAINST AND ABUSE OF WOMEN WITH 
                    DISABILITIES.

    (a) In General.--The Attorney General, in consultation with 
the Secretary of Health and Human Services, may award grants to 
eligible entities--
          (1) to provide training, consultation, and 
        information on domestic violence, dating violence, 
        stalking, and sexual assault against individuals with 
        disabilities (as defined in section 3 of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12102)); and
          (2) to enhance direct services to such individuals.
    (b) Use of Funds.--Grants awarded under this section shall 
be used--
          (1) to provide personnel, training, technical 
        assistance, advocacy, intervention, risk reduction 
        (including using evidence-based indicators to assess 
        the risk of domestic and dating violence homicide) and 
        prevention of domestic violence, dating violence, 
        stalking, and sexual assault against disabled 
        individuals;
          (2) to conduct outreach activities to ensure that 
        disabled individuals who are victims of domestic 
        violence, dating violence, stalking, or sexual assault 
        receive appropriate assistance;
          (3) to conduct cross-training for victim service 
        organizations, governmental agencies, courts, law 
        enforcement, and nonprofit, nongovernmental 
        organizations serving individuals with disabilities 
        about risk reduction, intervention, prevention and the 
        nature of domestic violence, dating violence, stalking, 
        and sexual assault for disabled individuals;
          (4) to provide technical assistance to assist with 
        modifications to existing policies, protocols, and 
        procedures to ensure equal access to the services, 
        programs, and activities of [victim service 
        organizations] victim service providers for disabled 
        individuals;
          (5) to provide training and technical assistance on 
        the requirements of shelters and [victim services 
        organizations] victim service providers under Federal 
        antidiscrimination laws, including--
                  (A) the Americans with Disabilities Act of 
                1990; and
                  (B) section 794 of Title 29;
          (6) to modify facilities, purchase equipment, and 
        provide personnel so that shelters and victim service 
        organizations can accommodate the needs of disabled 
        individuals;
          (7) to provide advocacy and intervention services for 
        disabled individuals who are victims of domestic 
        violence, dating violence, stalking, or sexual assault; 
        or
          (8) to develop model programs providing advocacy and 
        intervention services within organizations serving 
        disabled individuals who are victims of domestic 
        violence, dating violence, sexual assault, or stalking.
  (c) Eligible Entities.--
          (1) In general.--An entity shall be eligible to 
        receive a grant under this section if the entity is--
                  (A) a State;
                  (B) a unit of local government;
                  (C) an Indian tribal government or tribal 
                organization; or
                  (D) a [nonprofit and nongovernmental victim 
                services organization, such as a State] victim 
                service provider, such as a State or tribal 
                domestic violence or sexual assault coalition 
                or a nonprofit, nongovernmental organization 
                serving disabled individuals.
          (2) Limitation.--A grant awarded for the purpose 
        described in subsection (b)(8) of this section shall 
        only be awarded to an eligible agency (as defined in 
        section 796f-5 of Title 29).
    (d) Underserved Populations.--In awarding grants under this 
section, the Director shall ensure that the needs of 
underserved populations are being addressed.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated [$10,000,000 for each of the fiscal years 
2007 through 2011] $9,000,000 for each of fiscal years 2012 
through 2016 to carry out this section.

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SEC. 3796GG-10. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

    (a) Grants.-- The Attorney General may make grants to 
Indian tribal governments or authorized designees of Indian 
tribal governments to--
          (1) develop and enhance effective governmental 
        strategies to curtail violent crimes against and 
        increase the safety of Indian women consistent with 
        tribal law and custom;
          (2) increase tribal capacity to respond to domestic 
        violence, dating violence, sexual assault, sex 
        trafficking, and stalking crimes against Indian women;
          (3) strengthen tribal justice interventions including 
        tribal law enforcement, prosecution, courts, probation, 
        correctional facilities;
          (4) enhance services to Indian women victimized by 
        domestic violence, dating violence, sexual assault, sex 
        trafficking, and stalking;
          (5) work in cooperation with the community to develop 
        education and prevention strategies directed toward 
        issues of domestic violence, dating violence, [and 
        stalking programs and to address the needs of children 
        exposed to domestic violence;] sexual assault, sex 
        trafficking, and stalking;
          (6) provide programs for supervised visitation and 
        safe visitation exchange of children in situations 
        involving domestic violence, sexual assault, or 
        stalking committed by one parent against the other with 
        appropriate security measures, policies, and procedures 
        to protect the safety of victims and their children;
          (7) provide transitional housing for victims of 
        domestic violence, dating violence, sexual assault, sex 
        trafficking, or stalking, including rental or utilities 
        payments assistance and assistance with related 
        expenses such as security deposits and other costs 
        incidental to relocation to transitional housing, and 
        support services to enable a victim of domestic 
        violence, dating violence, sexual assault, sex 
        trafficking, or stalking to locate and secure permanent 
        housing and integrate into a community; [and]
          (8) provide legal assistance necessary to provide 
        effective aid to victims of domestic violence, dating 
        violence, stalking, sex trafficking, or sexual assault 
        who are seeking relief in legal matters arising as a 
        consequence of that abuse or violence, at minimal or no 
        cost to the victims[.];
          (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.
    (b) Collaboration.--All applicants under this section shall 
demonstrate their proposal was developed in consultation with a 
nonprofit, nongovernmental Indian victim services program, 
including sexual assault and domestic violence victim services 
providers in the tribal or local community, or a nonprofit 
tribal domestic violence and sexual assault coalition to the 
extent that they exist. In the absence of such a demonstration, 
the applicant may meet the requirement of this subsection 
through consultation with women in the community to be served.

Note.
Pub. L. 109-162, Title IX, Sec.  904(a), Jan. 5, 2006, 119 
Stat. 3078, provided that:
    (a) National Baseline Study.--
          (1) In general.--[The National] Not later than 2 
        years after the date of enactment of the Violence 
        Against Women Reauthorization Act of 2011, the National 
        Institute of Justice, in consultation with the Office 
        on Violence Against Women, shall conduct a national 
        baseline study to examine violence against Indian women 
        in Indian country and in Native villages (as defined in 
        section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602)).
          (2) Scope.--
                  (A) In general.--The study shall examine 
                violence committed against Indian women, 
                including--
                          (i) domestic violence;
                          (ii) dating violence;
                          (iii) sexual assault;
                          (iv) stalking; [and]
                          (v) murder[.]; and
                          (vi) sex trafficking.
                  (B) Evaluation.--The study shall evaluate the 
                effectiveness of Federal, State, tribal, and 
                local responses to the violations described in 
                subparagraph (A) committed against Indian 
                women.
                  (C) Recommendations.--The study shall propose 
                recommendations to improve the effectiveness of 
                Federal, State, tribal, and local responses to 
                the violation described in subparagraph (A) 
                committed against Indian women.
          (3) Task force.--
                  (A) In general.--The Attorney General, acting 
                through the Director of the Office on Violence 
                Against Women, shall establish a task force to 
                assist in the development and implementation of 
                the study under paragraph (1) and guide 
                implementation of the recommendation in 
                paragraph (2)(C).
                  (B) Members.--The Director shall appoint to 
                the task force representatives from--
                          (i) national tribal domestic violence 
                        and sexual assault nonprofit 
                        organizations;
                          (ii) tribal governments; and
                          (iii) the national tribal 
                        organizations.
          (4) Report.--Not later than 2 years after the date of 
        enactment of [this Act] the Violence Against Women 
        Reauthorization Act of 2011, the Attorney General shall 
        submit to the Committee on Indian Affairs of the 
        Senate, the Committee on the Judiciary of the Senate, 
        and the Committee on the Judiciary of the House of 
        Representatives a report that describes the study.
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out [this 
        section $1,000,000 for each of fiscal years 2007 and 
        2008] this subsection $1,000,000 for each of fiscal 
        years 2012 and 2013, to remain available until 
        expended.''

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SEC. 3796HH. GRANTS.

    (a) Purpose.--The purpose of this subchapter is to 
encourage States, Indian tribal governments, State and local 
courts (including juvenile courts), tribal courts, and units of 
local government to treat domestic violence, dating violence, 
sexual assault, and stalking as serious violations of criminal 
law.
    (b) Grant Authority.--The Attorney General may make grants 
to eligible [States, Indian tribal governments State, tribal, 
territorial, and local courts (including juvenile courts),, or 
units of local government] grantees for the following purposes:
          (1) To implement proarrest programs and policies in 
        police departments, including policies for protection 
        order violations and enforcement of protection orders 
        across State and tribal lines.
          (2) To develop policies, educational programs, 
        protection order registries, [and training in police 
        departments to improve tracking of cases involving 
        domestic violence] data collection systems, and 
        training in police departments to improve tracking of 
        cases and classification of complaints, dating 
        violence, sexual assault, and stalking. Policies, 
        educational programs, protection order registries, and 
        training described in this paragraph shall incorporate 
        confidentiality, and privacy protections for victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking.
          (3) To centralize and coordinate police enforcement, 
        prosecution, or judicial responsibility for domestic 
        violence, dating violence, sexual assault, and stalking 
        cases in teams or units of police officers, 
        prosecutors, parole and probation officers, or judges.
          (4) To coordinate computer tracking systems and 
        provide the appropriate training and education about 
        domestic violence, dating violence, sexual assault, and 
        stalking to ensure communication between police, 
        prosecutors, parole and probation officers, and both 
        criminal and family courts.
          (5) To strengthen legal advocacy service programs and 
        other victim services for victims of domestic violence, 
        dating violence, sexual assault, and stalking, 
        including strengthening assistance to such victims in 
        immigration matters.
          (6) To educate [judges] Federal, State, tribal, 
        territorial, and local judges, courts, and court-based 
        and court-related personnel in criminal and civil 
        courts (including juvenile courts) about domestic 
        violence, dating violence, sexual assault, and stalking 
        and to improve judicial handling of such cases.
          (7) To provide technical assistance and computer and 
        other equipment to police departments, prosecutors, 
        courts, and tribal jurisdictions to facilitate the 
        widespread enforcement of protection orders, including 
        interstate enforcement, enforcement between States and 
        tribal jurisdictions, and enforcement between tribal 
        jurisdictions.
          (8) To develop or strengthen policies and training 
        for police, prosecutors, and the judiciary in 
        recognizing, investigating, and prosecuting instances 
        of domestic violence [and sexual assault] dating 
        violence, sexual assault, and stalking against older 
        individuals (as defined in section 3002 of this title) 
        and individuals with disabilities (as defined in 
        section 12102(2) of this title).
          (9) To develop State, tribal, territorial, or local 
        policies, procedures, and protocols for preventing dual 
        arrests and prosecutions in cases of domestic violence, 
        dating violence, sexual assault, and stalking, and to 
        develop effective methods for identifying the pattern 
        and history of abuse that indicates which party is the 
        actual perpetrator of abuse.
          (10) To plan, develop and establish comprehensive 
        victim service and support centers, such as family 
        justice centers, designed to bring together victim 
        advocates from [non-profit, non-governmental victim 
        services organizations,] victim service providers, 
        staff from population specific organizations, law 
        enforcement officers, prosecutors, probation officers, 
        governmental victim assistants, forensic medical 
        professionals, civil legal attorneys, chaplains, legal 
        advocates, representatives from community-based 
        organizations and other relevant public or private 
        agencies or organizations into one centralized 
        location, in order to improve safety, access to 
        services, and confidentiality for victims and families. 
        Although funds may be used to support the colocation of 
        project partners under this paragraph, funds may not 
        support construction or major renovation expenses or 
        activities that fall outside of the scope of the other 
        statutory purpose areas.
          (11) To develop and implement policies and training 
        for police, prosecutors, probation and parole officers, 
        and the judiciary in recognizing, investigating, and 
        prosecuting instances of sexual assault, with an 
        emphasis on recognizing the threat to the community for 
        repeat crime perpetration by such individuals.
          (12) To develop, enhance, and maintain protection 
        order registries.
          (13) To develop human immunodeficiency virus (HIV) 
        testing programs for sexual assault perpetrators and 
        notification and counseling protocols.
          (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.
    (c) Eligibility.--Eligible [grantees are States] grantees 
are--
          (1) States, Indian tribal governments State and local 
        courts (including juvenile courts),[,] or units of 
        local government that--
                  [(1)] (A) except for a court, certify that 
                their laws or official policies--
                          [(A)] (i) encourage or mandate 
                        arrests of domestic violence offenders 
                        based on probable cause that an offense 
                        has been committed; and
                          [(B)] (ii) encourage or mandate 
                        arrest of domestic violence offenders 
                        who violate the terms of a valid and 
                        outstanding protection order;
                  [(2)] (B) except for a court, demonstrate 
                that their laws, policies, or practices and 
                their training programs discourage dual arrests 
                of offender and victim;
                  [(3)] (C) certify that their laws, policies, 
                or practices prohibit issuance of mutual 
                restraining orders of protection except in 
                cases where both [spouses] parties file a claim 
                and the court makes detailed findings of fact 
                indicating that both [spouses] parties acted 
                primarily as aggressors and that neither 
                [spouse] party acted primarily in self-defense;
                  [(4)] (D) certify that their laws, policies, 
                and practices do not require, in connection 
                with the prosecution of any misdemeanor or 
                felony domestic violence, dating violence, 
                sexual assault, or stalking offense, or in 
                connection with the filing, issuance, 
                registration, modification, enforcement, 
                dismissal, or service of a protection order, or 
                a petition for a protection order, to protect a 
                victim of domestic violence, dating violence, 
                stalking, or sexual assault, that the victim 
                bear the costs associated with the filing of 
                criminal charges against the offender, or the 
                costs associated with the filing, issuance, 
                registration, modification, enforcement, 
                dismissal, or service of a warrant, protection 
                order, petition for a protection order, or 
                witness subpoena, whether issued inside or 
                outside the State, tribal, or local 
                jurisdiction; [and]
                  [(5)] (E) certify that[, not later than 3 
                years after January, 5, 2006], their laws, 
                policies, or practices will ensure that--
                          [(A)] (i) no law enforcement officer, 
                        prosecuting officer or other government 
                        official shall ask or require an adult, 
                        youth, or child victim of a sex offense 
                        as defined under Federal, tribal, 
                        State, territorial, or local law to 
                        submit to a polygraph examination or 
                        other truth telling device as a 
                        condition for proceeding with the 
                        investigation of, trial of, or 
                        sentencing for such an offense; and
                          [(B)] (ii) the refusal of a victim to 
                        submit to an examination described in 
                        [subparagraph (A)] clause (i) shall not 
                        prevent the investigation of, trial of, 
                        or sentencing for the offense[.]; and
          (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).
    (d) Speedy Notice to Victims.-- A State or unit of local 
government shall not be entitled to 5 percent of the funds 
allocated under this part unless the State or unit of local 
government--
          (1) certifies that it has a law, policy, or 
        regulation that requires--
                  (A) the State or unit of local government at 
                the request of a victim to administer to a 
                defendant, against whom an information or 
                indictment is presented for a crime in which by 
                force or threat of force the perpetrator 
                compels the victim to engage in sexual 
                activity, testing for the immunodeficiency 
                virus (HIV) not later than 48 hours after the 
                date on which the information or indictment is 
                presented and the defendant is in custody or 
                has been served with the information or 
                indictment;
                  (B) as soon as practicable notification to 
                the victim, or parent and guardian of the 
                victim, and defendant of the testing results; 
                and
                  (C) follow-up tests for HIV as may be 
                medically appropriate, and that as soon as 
                practicable after each such test the results be 
                made available in accordance with subparagraph 
                (B); or
          (2) gives the Attorney General assurances that [it] 
        its laws and regulations will be in compliance with 
        requirements of paragraph (1) within the later of--
                  (A) the period ending on the date on which 
                the next session of the State legislature ends; 
                or
                  (B) 2 years.
    (e) 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 subchapter.--The requirements of 
        this subchapter shall not apply to funds allocated for 
        the program described in paragraph (1).
    (f) Allocation for Tribal Coalitions.--Of the amounts 
appropriated for purposes of this part for each fiscal year, 
not less than 5 percent shall be available for grants under 
section 2001 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg).
    (g) Allocation for Sexual Assault.--Of the amounts 
appropriated for purposes of this part for each fiscal year, 
not less than 25 percent shall be available for projects that 
address sexual assault, including stranger rape, acquaintance 
rape, alcohol or drug-facilitated rape, and rape within the 
context of an intimate partner relationship.

           *       *       *       *       *       *       *


SEC. 3796HH-1. APPLICATIONS.

    (a) Application.--An eligible grantee shall submit an 
application to the Attorney General that--
          (1) contains a certification by the chief executive 
        officer of the State, Indian tribal government, court 
        or local government entity that the conditions of 
        section 3796hh(c) of this title are met or will be met 
        within the later of--
                  (A) the period ending on the date on which 
                the next session of the State or Indian tribal 
                legislature ends; or
                  (B) 2 years of September 13, 1994 or, in the 
                case of the condition set forth in subsection 
                3796hh(c)(4) of this title, the expiration of 
                the 2-year period beginning on October 28, 
                2000;
          (2) describes plans to further the purposes stated in 
        section 3796hh(a) of this title;
          (3) identifies the agency or office or groups of 
        agencies or offices responsible for carrying out the 
        program; and
          (4) includes documentation from [nonprofit, private 
        sexual assault and domestic violence programs] victim 
        service providers and, as appropriate, population 
        specific organizations demonstrating their 
        participation in developing the application, and 
        identifying such programs in which such groups will be 
        consulted for development and implementation.

           *       *       *       *       *       *       *


CHAPTER 110--FAMILY VIOLENCE PREVENTION AND SERVICES

           *       *       *       *       *       *       *



[SEC. 10420. SAFE HAVENS FOR CHILDREN.

    [(a) In General.--The Attorney General, through the 
Director of the Office on Violence Against Women, may award 
grants to States, units of local government, and Indian tribal 
governments that propose to enter into or expand the scope of 
existing contracts and cooperative agreements with public or 
private nonprofit entities
          [(1) to provide supervised visitation and safe 
        visitation exchange of children by and between parents 
        in situations involving domestic violence, dating 
        violence, child abuse, sexual assault, or stalking;
          [(2) to protect children from the trauma of 
        witnessing domestic or dating violence or experiencing 
        abduction, injury, or death during parent and child 
        visitation exchanges;
          [(3) to protect parents or caretakers who are victims 
        of domestic and dating violence from experiencing 
        further violence, abuse, and threats during child 
        visitation exchanges; and
          [(4) to protect children from the trauma of 
        experiencing sexual assault or other forms of physical 
        assault or abuse during parent and child visitation and 
        visitation exchanges.
    [(b) Considerations.--In awarding grants under subsection 
(a), the Attorney General shall take into account--
          [(1) the number of families to be served by the 
        proposed visitation programs and services;
          [(2) the extent to which the proposed supervised 
        visitation programs and services serve underserved 
        populations (as defined in section 3796gg-2 of this 
        title);
          [(3) with respect to an applicant for a contract or 
        cooperative agreement, the extent to which the 
        applicant demonstrates cooperation and collaboration 
        with nonprofit, nongovernmental entities in the local 
        community served, including the State or tribal 
        domestic violence coalition, State or tribal sexual 
        assault coalition, local shelters, and programs for 
        domestic violence and sexual assault victims; and
          [(4) the extent to which the applicant demonstrates 
        coordination and collaboration with State and local 
        court systems, including mechanisms for communication 
        and referral.
    [(c) Applicant Requirements.--The Attorney General shall 
award grants for contracts and cooperative agreements to 
applicants that--
          [(1) demonstrate expertise in the area of family 
        violence, including the areas of domestic violence or 
        sexual assault, as appropriate;
          [(2) ensure that any fees charged to individuals for 
        use of programs and services are based on the income of 
        those individuals, unless otherwise provided by court 
        order;
          [(3) demonstrate that adequate security measures, 
        including adequate facilities, procedures, and 
        personnel capable of preventing violence, are in place 
        for the operation of supervised visitation programs and 
        services or safe visitation exchange; and
          [(4) prescribe standards by which the supervised 
        visitation or safe visitation exchange will occur.
    [(d) Reporting.--
          [(1) In general.--Not later than 1 month after the 
        end of each even-numbered fiscal year, the Attorney 
        General shall submit to Congress a report that includes 
        information concerning--
                  [(A) the number of--
                          [(i) individuals served and the 
                        number of individuals turned away from 
                        visitation programs and services and 
                        safe visitation exchange (categorized 
                        by State);
                          [(ii) the number of individuals from 
                        underserved populations served and 
                        turned away from services; and
                          [(iii) the type of problems that 
                        underlie the need for supervised 
                        visitation or safe visitation exchange, 
                        such as domestic violence, child abuse, 
                        sexual assault, other physical abuse, 
                        or a combination of such factors;
                  [(B) the numbers of supervised visitations or 
                safe visitation exchanges ordered under this 
                section during custody determinations under a 
                separation or divorce decree or protection 
                order, through child protection services or 
                other social services agencies, or by any other 
                order of a civil, criminal, juvenile, or family 
                court;
                  [(C) the process by which children or abused 
                partners are protected during visitations, 
                temporary custody transfers, and other 
                activities for which supervised visitation is 
                established under this section;
                  [(D) safety and security problems occurring 
                during the reporting period during supervised 
                visitation under this section, including the 
                number of parental abduction cases; and
                  [(E) the number of parental abduction cases 
                in a judicial district using supervised 
                visitation programs and services under this 
                section, both as identified in criminal 
                prosecution and custody violations.
          [(2) Guidelines.--The Attorney General shall 
        establish guidelines for the collection and reporting 
        of data under this subsection.
    [(e) Authorization of Appropriations.--
          [(1) In general.--There is authorized to be 
        appropriated to carry out this section, $20,000,000 for 
        each of fiscal years 2007 through 2011. Funds 
        appropriated under this section shall remain available 
        until expended.
          [(2) Use of funds.--Of the amounts appropriated to 
        carry out this section for each fiscal year, the 
        Attorney General shall--
                  [(A) use not more than 3 percent for 
                evaluation, monitoring, site visits, grantee 
                conferences, and other administrative costs 
                associated with conducting activities under 
                this section; and
                  [(B) set aside not more than 8 percent for 
                technical assistance and training to be 
                provided by organizations having nationally 
                recognized expertise in the design of safe and 
                secure supervised visitation programs and 
                visitation exchange of children in situations 
                involving domestic violence, dating violence, 
                sexual assault, or stalking.
                  [(C) Redesignated (B)
    [(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).]

SEC. 10420. 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 assistance, pro se victim assistance 
                programs, or community-based supplementary 
                services);
                  (C) offender management, monitoring, and 
                accountability programs;
                  (D) safe and confidential information-storage 
                and information-sharing databases within and 
                between court systems;
                  (E) education and outreach programs to 
                improve community access, including enhanced 
                access for underserved populations; and
                  (F) other projects likely to improve court 
                responses to domestic violence, dating 
                violence, sexual assault, and stalking;
          (6) provide civil legal assistance and advocacy 
        services, including legal information and resources in 
        cases in which the victim proceeds pro se, to--
                  (A) victims of domestic violence; and
                  (B) nonoffending parents in matters--
                          (i) that involve allegations of child 
                        sexual abuse;
                          (ii) that relate to family matters, 
                        including civil protection orders, 
                        custody, and divorce; and
                          (iii) in which the other parent is 
                        represented by counsel;
          (7) collect data and provide training and technical 
        assistance, including developing State, local, and 
        tribal model codes and policies, to improve the 
        capacity of grantees and communities to address the 
        civil justice needs of victims of domestic violence, 
        dating violence, sexual assault, and stalking who have 
        legal representation, who are proceeding pro se, or who 
        are proceeding with the assistance of a legal advocate; 
        and
          (8) to improve training and education to assist 
        judges, judicial personnel, attorneys, child welfare 
        personnel, and legal advocates in the civil justice 
        system.
    (c) Considerations.--
          (1) In general.--In making grants for purposes 
        described in paragraphs (1) through (7) of subsection 
        (b), the Attorney General shall consider--
                  (A) the number of families to be served by 
                the proposed programs and services;
                  (B) the extent to which the proposed programs 
                and services serve underserved populations;
                  (C) the extent to which the applicant 
                demonstrates cooperation and collaboration with 
                nonprofit, nongovernmental entities in the 
                local community with demonstrated histories of 
                effective work on domestic violence, dating 
                violence, sexual assault, or stalking, 
                including State or tribal domestic violence 
                coalitions, State or tribal sexual assault 
                coalitions, local shelters, and programs for 
                domestic violence and sexual assault victims; 
                and
                  (D) the extent to which the applicant 
                demonstrates coordination and collaboration 
                with State, tribal, and local court systems, 
                including mechanisms for communication and 
                referral.
          (2) Other grants.--In making grants under subsection 
        (b)(8) the Attorney General shall take into account the 
        extent to which the grantee has expertise addressing 
        the judicial system's handling of family violence, 
        child custody, child abuse and neglect, adoption, 
        foster care, supervised visitation, divorce, and 
        parentage.
    (d) Applicant Requirements.--The Attorney General may make 
a grant under this section to an applicant that--
          (1) demonstrates expertise in the areas of domestic 
        violence, dating violence, sexual assault, stalking, or 
        child sexual abuse, as appropriate;
          (2) ensures that any fees charged to individuals for 
        use of supervised visitation programs and services are 
        based on the income of those individuals, unless 
        otherwise provided by court order;
          (3) for a court-based program, certifies that victims 
        of domestic violence, dating violence, sexual assault, 
        or stalking are not charged fees or any other costs 
        related to the filing, petitioning, modifying, 
        issuance, registration, enforcement, withdrawal, or 
        dismissal of matters relating to the domestic violence, 
        dating violence, sexual assault, or stalking;
          (4) demonstrates that adequate security measures, 
        including adequate facilities, procedures, and 
        personnel capable of preventing violence, and adequate 
        standards are, or will be, in place (including the 
        development of protocols or policies to ensure that 
        confidential information is not shared with courts, law 
        enforcement agencies, or child welfare agencies unless 
        necessary to ensure the safety of any child or adult 
        using the services of a program funded under this 
        section), if the applicant proposes to operate 
        supervised visitation programs and services or safe 
        visitation exchange;
          (5) certifies that the organizational policies of the 
        applicant do not require mediation or counseling 
        involving offenders and victims being physically 
        present in the same place, in cases where domestic 
        violence, dating violence, sexual assault, or stalking 
        is alleged;
          (6) certifies that any person providing legal 
        assistance through a program funded under this section 
        has completed or will complete training on domestic 
        violence, dating violence, sexual assault, and 
        stalking, including child sexual abuse, and related 
        legal issues; and
          (7) certifies that any person providing custody 
        evaluation or guardian ad litem services through a 
        program funded under this section has completed or will 
        complete training developed with input from and in 
        collaboration with a tribal, State, territorial, or 
        local domestic violence, dating violence, sexual 
        assault, or stalking victim service provider or 
        coalition on the dynamics of domestic violence and 
        sexual assault, including child sexual abuse, that 
        includes training on how to review evidence of past 
        abuse and the use of evidenced-based theories to make 
        recommendations on custody and visitation.
    (e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section, $22,000,000 for 
each of fiscal years 2012 through 2016. Amounts appropriated 
pursuant to this subsection shall remain available until 
expended.
    (f) Allotment for Indian Tribes.--
          (1) In general.--Not less than 10 percent of the 
        total amount available under this section for each 
        fiscal year shall be available for grants under the 
        program authorized by section 3796gg-10 of this title.
          (2) Applicability of part.--The requirements of this 
        section shall not apply to funds allocated for the 
        program described in paragraph (1).

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CHAPTER 132--VICTIMS OF CHILD ABUSE

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Subchapter II--Court-Appointed Special Advocate Program

           *       *       *       *       *       *       *



SEC. 13012. PURPOSE.

    The purpose of this subchapter is to ensure that by 
[January 1, 2010] January 1, 2015, a court-appointed special 
advocate shall be available to every victim of child abuse or 
neglect in the United States that needs such an advocate.

           *       *       *       *       *       *       *


SEC. 13013. STRENGTHENING OF COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

    (a) In General.--The Administrator of the Office of 
Juvenile Justice and Delinquency Prevention shall make grants 
to initiate, sustain, and expand the court-appointed special 
advocate program.
    (b) Grantee Organizations.--
          (1) An organization to which a grant is made pursuant 
        to subsection (a) of this section--
                  (A) shall be a national organization that has 
                broad membership among court-appointed special 
                advocates and has demonstrated experience in 
                grant administration of court-appointed special 
                advocate programs and in providing training and 
                technical assistance to court-appointed special 
                advocate program; or
                  (B) may be a local public or not-for-profit 
                agency that has demonstrated the willingness to 
                initiate, sustain, and expand court-appointed 
                special advocate program.
          (2) An organization described in paragraph (1)(A) 
        that receives a grant may be authorized to make 
        subgrants and enter into contracts with public and not-
        for-profit agencies to initiate, sustain, and expand 
        the court-appointed special advocate program. Should a 
        grant be made to a national organization for this 
        purpose, the Administrator shall specify an amount not 
        exceeding 5 percent that can be used for administrative 
        purposes by the national organization.
    (c) Grant Criteria.--
          (1) The Administrator shall establish criteria to be 
        used in evaluating applications for grants under this 
        section, consistent with sections 5673 and 5676 of this 
        title.
          (2) In general, the grant criteria established 
        pursuant to paragraph (1) shall require that a court-
        appointed special advocate program provide screening, 
        training, and supervision of court-appointed special 
        advocates in accordance with standards developed by the 
        National Court-Appointed Special Advocate Association. 
        Such criteria may include the requirements that--
                  (A) a court-appointed special advocate 
                association program have a mission and purpose 
                in keeping with the mission and purpose of the 
                National Court-Appointed Special Advocate 
                Association and that it abide by the National 
                Court-Appointed Special Advocate Association 
                Code of Ethics;
                  (B) a court-appointed special advocate 
                association program operate with access to 
                legal counsel;
                  (C) the management and operation of a court-
                appointed special advocate program assure 
                adequate supervision of court-appointed special 
                advocate volunteers;
                  (D) a court-appointed special advocate 
                program keep written records on the operation 
                of the program in general and on each 
                applicant, volunteer, and case;
                  (E) a court-appointed special advocate 
                program have written management and personnel 
                policies and procedures, screening 
                requirements, and training curriculum;
                  (F) a court-appointed special advocate 
                program not accept volunteers who have been 
                convicted of, have charges pending for, or have 
                in the past been charged with, a felony or 
                misdemeanor involving a sex offense, violent 
                act, child abuse or neglect, or related acts 
                that would pose risks to children or to the 
                court-appointed special advocate program's 
                credibility;
                  (G) a court-appointed special advocate 
                program have an established procedure to allow 
                the immediate reporting to a court or 
                appropriate agency of a situation in which a 
                court-appointed special advocate volunteer has 
                reason to believe that a child is in imminent 
                danger;
                  (H) a court-appointed special advocate 
                volunteer be an individual who has been 
                screened and trained by a recognized court-
                appointed special advocate program and 
                appointed by the court to advocate for children 
                who come into the court system primarily as a 
                result of abuse or neglect; and
                  (I) a court-appointed special advocate 
                volunteer serve the function of reviewing 
                records, facilitating prompt, thorough review 
                of cases, and interviewing appropriate parties 
                in order to make recommendations on what would 
                be in the best interests of the child.
          (3) In awarding grants under this section, the 
        Administrator shall ensure that grants are distributed 
        to localities that have no existing court-appointed 
        special advocate program and to programs in need of 
        expansion.
    (d) Background Checks.--State and local Court Appointed 
Special Advocate programs are authorized to request 
fingerprint-based criminal background checks from the Federal 
Bureau of Investigation's criminal history database for 
prospective volunteers. The requesting program is responsible 
for the reasonable costs associated with the Federal records 
check.
    (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.

           *       *       *       *       *       *       *


SEC. 13014. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There is authorized to be appropriated 
to carry out this subchapter $12,000,000 for each of [fiscal 
years 2007 through 2011] fiscal years 2012 through 2016.
    (b) Limitation.--No funds are authorized to be appropriated 
for a fiscal year to carry out this subchapter unless the 
aggregate amount appropriated to carry out title II of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611 et seq.) for such fiscal year is not less than the 
aggregate amount appropriated to carry out such title for the 
preceding fiscal year.
    (c) Prohibition on Lobbying.--No funds authorized under 
this subchapter may be used for lobbying activities in 
contravention of OMB Circular No. A-122.

           *       *       *       *       *       *       *


 Subchapter III--Child Abuse Training Programs for Judicial Personnel 
and Practitioners

           *       *       *       *       *       *       *



SEC. 13024. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There is authorized to be appropriated 
to carry out this subchapter [$2,300,000 for each of fiscal 
years 2001 through 2005.] $2,300,000 for each of fiscal years 
2012 through 2016.
    (b) Use of Funds.--Of the amounts appropriated in 
subsection (a) of this section, not less than 80 percent shall 
be used for grants under section 13023(b) of this title.
    (c) Limitation.--No funds are authorized to be appropriated 
for a fiscal year to carry out this subchapter unless the 
aggregate amount appropriated to carry out title II of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5611 et seq.) for such fiscal year is not less than the 
aggregate amount appropriated to carry out such title for the 
preceding fiscal year.

           *       *       *       *       *       *       *


CHAPTER 136--VIOLENT CRIME AND LAW ENFORCEMENT

           *       *       *       *       *       *       *



Subchapter III--Violence Against Women

           *       *       *       *       *       *       *



SEC. 13925. DEFINITIONS AND GRANT PROVISIONS.

    (a) Definitions.--In this title:
          (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.)
          [(1)] (2) Courts.--The term ``courts'' means any 
        civil or criminal, tribal, and Alaska Native Village, 
        Federal, State, local or territorial court having 
        jurisdiction to address domestic violence, dating 
        violence, sexual assault or stalking, including 
        immigration, family, juvenile, and dependency courts, 
        and the judicial officers serving in those courts, 
        including judges, magistrate judges, commissioners, 
        justices of the peace, or any other person with 
        decisionmaking authority.
          [(2)] (3) Child abuse and neglect.--The term ``child 
        abuse and neglect'' means any recent act or failure to 
        act on the part of a parent or caregiver with intent to 
        cause death, serious physical or emotional harm, sexual 
        abuse, or exploitation, or an act or failure to act 
        which presents an imminent risk of [serious harm] 
        serious harm to an unemancipated minor. This definition 
        shall not be construed to mean that failure to leave an 
        abusive relationship, in the absence of other action 
        constituting abuse or neglect, is itself abuse or 
        neglect.
          [(3)] (4) Community-based organization.--[The term 
        ``community-based organization'' means an organization 
        that--]The term ``community-based organization'' means 
        a nonprofit, nongovernmental, or tribal organization 
        that serves a specific geographic community that--
                  (A) focuses primarily on domestic violence, 
                dating violence, sexual assault, or stalking;
                  (B) has established a specialized culturally 
                specific program that addresses domestic 
                violence, dating violence, sexual assault, or 
                stalking;
                  (C) has a primary focus on underserved 
                populations (and includes representatives of 
                these populations) and domestic violence, 
                dating violence, sexual assault, or stalking; 
                or
                  (D) obtains expertise, or shows demonstrated 
                capacity to work effectively, on domestic 
                violence, dating violence, sexual assault, and 
                stalking through collaboration.
          [(4)] (5) Child maltreatment.--The term ``child 
        maltreatment'' means the physical or psychological 
        abuse or neglect of a child or youth, including sexual 
        assault and abuse.
          (6) Culturally specific services.--The term 
        ``culturally specific services'' means community-based 
        services that include culturally relevant and 
        linguistically specific services and resources to 
        culturally specific communities.
          (7) Culturally specific.--The term ``culturally 
        specific'' means primarily directed toward racial and 
        ethnic minority groups (as defined in section 1707(g) 
        of the Public Health Service Act (42 U.S.C. 300u-6(g)).
          [(5) Court-based and court-related personnel.--The 
        term ``court-based'' and ``court-related personnel'' 
        mean persons working in the court, whether paid or 
        volunteer, including--
                  [(A) clerks, special masters, domestic 
                relations officers, administrators, mediators, 
                custody evaluators, guardians ad litem, 
                lawyers, negotiators, probation, parole, 
                interpreters, victim assistants, victim 
                advocates, and judicial, administrative, or any 
                other professionals or personnel similarly 
                involved in the legal process;
                  [(B) court security personnel;
                  [(C) personnel working in related, 
                supplementary offices or programs (such as 
                child support enforcement); and
                  [(D) any other court-based or community-based 
                personnel having responsibilities or authority 
                to address domestic violence, dating violence, 
                sexual assault, or stalking in the court 
                system.]
          [(6)] (8) Domestic violence.--The term ``domestic 
        violence'' includes felony or misdemeanor crimes of 
        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, by a person similarly 
        situated to a spouse of the victim under the domestic 
        or family violence laws of the jurisdiction receiving 
        grant monies, or by any other person against an adult 
        or youth victim who is protected from that person's 
        acts under the domestic or family violence laws of the 
        jurisdiction.
          [(7)] (9) Dating partner.--The term ``dating 
        partner'' refers to a person who is or has been in a 
        social relationship of a romantic or intimate nature 
        with the abuser, and where the existence of such a 
        relationship shall be determined based on a 
        consideration of--
                  (A) the length of the relationship;
                  (B) the type of relationship; and
                  (C) the frequency of interaction between the 
                persons involved in the relationship.
          [(8)] (10) Dating violence.--The term ``dating 
        violence'' means violence committed by a person--
                  (A) who is or has been in a social 
                relationship of a romantic or intimate nature 
                with the victim; and
                  (B) where the existence of such a 
                relationship shall be determined based on a 
                consideration of the following factors:
                          (i) The length of the relationship.
                          (ii) The type of relationship.
                          (iii) The frequency of interaction 
                        between the persons involved in the 
                        relationship.
          [(9)] (11) Elder abuse.--The term ``elder abuse'' 
        means any action against a person who is 50 years of 
        age or older that constitutes the willful--
                  (A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment 
                with resulting physical harm, pain, or mental 
                anguish; or
                  (B) deprivation by a person, including a 
                caregiver, of goods or services with intent to 
                cause physical harm, mental anguish, or mental 
                illness.
          (12) Homeless.--The term ``homeless'' has the meaning 
        provided in 42 U.S.C. 14043e-2(6).
          [(10)] (13) Indian.--The term ``Indian'' means a 
        member of an Indian tribe.
          [(11)] (14) Indian country.--The term ``Indian 
        country'' has the same meaning given such term in 
        section 1151 of Title 18.
          [(12)] (15) Indian housing.--The term ``Indian 
        housing'' means housing assistance described in the 
        Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4101 et seq., as 
        amended).
          [(13)] (16) Indian tribe.--The term ``Indian tribe'' 
        means a tribe, band, pueblo, nation, or other organized 
        group or community of Indians, including any Alaska 
        Native village or regional or village corporation (as 
        defined in, or established pursuant to, the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), 
        that is recognized as eligible for the special programs 
        and services provided by the United States to Indians 
        because of their status as Indians.
          [(14)] (17) Indian law enforcement.--The term 
        ``Indian law enforcement'' means the departments or 
        individuals under the direction of the Indian tribe 
        that maintain public order.
          [(15)] (18) Law enforcement.--The term ``law 
        enforcement'' means a public agency charged with 
        policing functions, including any of its component 
        bureaus (such as governmental victim services programs 
        or Village Public Safety Officers), including those 
        referred to in section 2802 of Title 25.
          [(16)] (19) Legal assistance.--The term ``legal 
        assistance'' includes assistance to adult and youth 
        victims of domestic violence, dating violence, sexual 
        assault, and stalking in--
                  (A) family, tribal, territorial, immigration, 
                employment, administrative agency, housing 
                matters, campus administrative or protection or 
                stay away order proceedings, and other similar 
                matters; and
                  (B) criminal justice investigations, 
                prosecutions and post-trial matters (including 
                sentencing, parole, and probation) that impact 
                the victim's safety and privacy;
        Intake or referral, by itself, does not constitute 
        legal assistance.
          [(17) Linguistically and culturally specific 
        services.--The term ``linguistically and culturally 
        specific services'' means community-based services that 
        offer full linguistic access and culturally specific 
        services and resources, including outreach, 
        collaboration, and support mechanisms primarily 
        directed toward underserved communities.
          [(18) 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, 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; and
                  [(E) any other information, including date of 
                birth, racial or ethnic background, or 
                religious affiliation, that, in combination 
                with any of subparagraphs (A) through (D), 
                would serve to identify any individual.]
          (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.
          (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.
          [(19)] (23) Prosecution.--The term ``prosecution'' 
        means any public agency charged with direct 
        responsibility for prosecuting criminal offenders, 
        including such agency's component bureaus (such as 
        governmental victim [services] assistance programs).
          [(20)] (24) Protection order or restraining order.--
        The term ``protection order'' or ``restraining order'' 
        includes--
                  (A) any injunction, restraining order, or any 
                other order issued by a civil or criminal court 
                for the purpose of preventing violent or 
                threatening acts or harassment against, sexual 
                violence or contact or communication with or 
                physical proximity to, another person, 
                including any temporary or final orders issued 
                by civil or criminal courts whether obtained by 
                filing an independent action or as a pendente 
                lite order in another proceeding so long as any 
                civil order was issued in response to a 
                complaint, petition, or motion filed by or on 
                behalf of a person seeking protection; and
                  (B) any support, child custody or visitation 
                provisions, orders, remedies, or relief issued 
                as part of a protection order, restraining 
                order, or stay away injunction pursuant to 
                State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the 
                protection of victims of domestic violence, 
                dating violence, sexual assault, or stalking.
          (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.
          [(21)] (26) Rural area and rural community.--The term 
        ``rural area'' and ``rural community'' mean--
                  (A) any area or community, respectively, no 
                part of which is within an area designated as a 
                standard metropolitan statistical area by the 
                Office of Management and Budget; [or]
                  (B) any area or community, respectively, that 
                is--
                          (i) within an area designated as a 
                        metropolitan statistical area or 
                        considered as part of a metropolitan 
                        statistical area; and
                          (ii) located in a rural census 
                        tract[.]; or
                  (C) any federally recognized Indian tribe.
          [(22)] (27) Rural state.--The term ``rural State'' 
        means a State that has a population density of [52] 57 
        or fewer persons per square mile or a State in which 
        the largest county has fewer than [150,000] 250,000 
        people, based on the most recent decennial census.
          [(23)] (28) Sexual assault.--The term ``sexual 
        assault'' means any conduct proscribed by chapter 109A 
        of Title 18, whether or not the conduct occurs in the 
        special maritime and territorial jurisdiction of the 
        United States or in a Federal prison and includes both 
        assaults committed by offenders who are strangers to 
        the victim and assaults committed by offenders who are 
        known or related by blood or marriage to the victim.
          (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.
          [(24)] (30) Stalking.--The term ``stalking'' means 
        engaging in a course of conduct directed at a specific 
        person that would cause a reasonable person to--
                  (A) fear for his or her safety or the safety 
                of others; or
                  (B) suffer substantial emotional distress.
          [(25)] (31) State.--The term ``State'' means each of 
        the several States and the District of Columbia, and 
        except as otherwise provided, the Commonwealth of 
        Puerto Rico, Guam, American Samoa, the Virgin Islands, 
        and the Northern Mariana Islands.
          [(26)] (32) State domestic violence coalition.--The 
        term ``State domestic violence coalition'' means a 
        program determined by the Administration for Children 
        and Families under sections 10402 and 10411 of this 
        title.
          [(27)] (33) State sexual assault coalition.--The term 
        ``State sexual assault coalition'' means a program 
        determined by the Center for Injury Prevention and 
        Control of the Centers for Disease Control and 
        Prevention under the Public Health Service Act (42 
        U.S.C. 280b et seq.).
          [(28)] (34) Territorial domestic violence or sexual 
        assault coalition.--The term ``territorial domestic 
        violence or sexual assault coalition'' means a program 
        addressing domestic or sexual violence that is--
                  (A) an established nonprofit, nongovernmental 
                territorial coalition addressing domestic 
                violence or sexual assault within the 
                territory; or
                  (B) a nongovernmental organization with a 
                demonstrated history of addressing domestic 
                violence or sexual assault within the territory 
                that proposes to incorporate as a nonprofit, 
                nongovernmental territorial coalition.
          [(29) Tribal coalition.--The term ``tribal 
        coalition'' means--
                  [(A) an established nonprofit, 
                nongovernmental tribal coalition addressing 
                domestic violence and sexual assault against 
                American Indian or Alaskan Native women; or
                  [(B) individuals or organizations that 
                propose to incorporate as nonprofit, 
                nongovernmental tribal coalitions to address 
                domestic violence and sexual assault against 
                American Indian or Alaska Native women.]
          (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;
          [(30)] (36) Tribal government.--The term ``tribal 
        government'' means--
                  (A) the governing body of an Indian tribe; or
                  (B) a tribe, band, pueblo, nation, or other 
                organized group or community of Indians, 
                including any Alaska Native village or regional 
                or village corporation (as defined in, or 
                established pursuant to, the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1601 et 
                seq.)), that is recognized as eligible for the 
                special programs and services provided by the 
                United States to Indians because of their 
                status as Indians.
          [(31)] (37) Tribal nonprofit organization.--The term 
        ``tribal nonprofit organization'' means--
                  (A) a victim services provider that has as 
                its primary purpose to assist Native victims of 
                domestic violence, dating violence, sexual 
                assault, or stalking; and
                  (B) staff and leadership of the organization 
                must include persons with a demonstrated 
                history of assisting American Indian or Alaska 
                Native victims of domestic violence, dating 
                violence, sexual assault, or stalking.
          [(32)] (38) Tribal organization.--The term ``tribal 
        organization'' means--
                  (A) the governing body of any Indian tribe;
                  (B) any legally established organization of 
                Indians which is controlled, sanctioned, or 
                chartered by such governing body of a tribe or 
                tribes to be served, or which is democratically 
                elected by the adult members of the Indian 
                community to be served by such organization and 
                which includes the maximum participation of 
                Indians in all phases of its activities; or
                  (C) any tribal nonprofit organization.
          [(33) Underserved populations.--The term 
        ``underserved populations'' includes populations 
        underserved because of geographic location, 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.]
          (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.
          (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.
          (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.
          [ (34) Victim advocate.--The term ``victim advocate'' 
        means a person, whether paid or serving as a volunteer, 
        who provides services to victims of domestic violence, 
        sexual assault, stalking, or dating violence under the 
        auspices or supervision of a victim services program.]
          (43) Youth.--The term ``youth'' means a person who is 
        11 to 24 years old.
          [(35)] (44) Victim assistant.--The term ``victim 
        assistant'' means a person, whether paid or serving as 
        a volunteer, who provides services to victims of 
        domestic violence, sexual assault, stalking, or dating 
        violence under the auspices or supervision of a court 
        or a law enforcement or prosecution agency.
          [(36) Victim services or victim service provider.--
        The term ``victim services'' or ``victim service 
        provider'' means a nonprofit, nongovernmental 
        organization that assists domestic violence, dating 
        violence, sexual assault, or stalking victims, 
        including rape crisis centers, 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.]
          [(37)] (45) Youth.--The term ``youth'' means teen and 
        young adult victims of domestic violence, dating 
        violence, sexual assault, or stalking.
    (b) Grant Conditions.--
          (1) Match.--No matching funds shall be required for 
        any grant or subgrant made under this Act for--
                  (A) any tribe, territory, or victim service 
                provider; or
                  (B) any other entity, including a State, 
                that--
                          (i) petitions for a waiver of any 
                        match condition imposed by the Attorney 
                        General or the Secretaries of Health 
                        and Human Services or Housing and Urban 
                        Development; and
                          (ii) whose petition for waiver is 
                        determined by the Attorney General or 
                        the Secretaries of Health and Human 
                        Services or Housing and Urban 
                        Development to have adequately 
                        demonstrated the financial need of the 
                        petitioning entity.
          (2) Nondisclosure of confidential or private 
        information.--
                  (A) In general.--In order to ensure the 
                safety of adult, youth, and child victims of 
                domestic violence, dating violence, sexual 
                assault, or stalking, and their families, 
                grantees and subgrantees under this title shall 
                protect the confidentiality and privacy of 
                persons receiving services.
                  (B) Nondisclosure.--Subject to subparagraphs 
                (C) and (D), grantees and subgrantees shall 
                not--
                          [(i) disclose any personally 
                        identifying information or individual 
                        information collected in connection 
                        with services requested, utilized, or 
                        denied through grantees' and 
                        subgrantees' programs; or
                          [(ii) reveal 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 persons with disabilities, the 
                        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, person with 
                        disabilities, or the abuser of the 
                        other parent of the minor.]
                          (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.
                  (C) Release.--If release of information 
                described in subparagraph (B) is compelled by 
                statutory or court mandate--
                          (i) grantees and subgrantees shall 
                        make reasonable attempts to provide 
                        notice to victims affected by the 
                        disclosure of information; and
                          (ii) grantees and subgrantees shall 
                        take steps necessary to protect the 
                        privacy and safety of the persons 
                        affected by the release of the 
                        information.
                  [(D) Information sharing.--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- and 
                        prosecution-generated information 
                        necessary for law enforcement and 
                        prosecution purposes.]
                  (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.
                  (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.
                  [(E)] (F) Oversight.--Nothing in this 
                paragraph shall prevent the Attorney General 
                from disclosing grant activities authorized in 
                this Act to the chairman and ranking members of 
                the Committee on the Judiciary of the House of 
                Representatives and the Committee on the 
                Judiciary of the Senate exercising 
                Congressional oversight authority. All 
                disclosures shall protect confidentiality and 
                omit personally identifying information, 
                including location information about 
                individuals.
                  (G) Confidentiality assessment and 
                assurances.--Grantees and subgrantees must 
                document their compliance with the 
                confidentiality and privacy provisions required 
                under this section.
          [(3) Approved activities.--In carrying out the 
        activities under this title, grantees and subgrantees 
        may collaborate with and provide information to 
        Federal, State, local, tribal, and territorial public 
        officials and agencies to develop and implement 
        policies to reduce or eliminate domestic violence, 
        dating violence, sexual assault, and stalking.]
          (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.
          (4) Non-supplantation.--Any Federal funds received 
        under this title shall be used to supplement, not 
        supplant, non-Federal funds that would otherwise be 
        available for activities under this title.
          (5) Use of funds.--Funds authorized and appropriated 
        under this title may be used only for the specific 
        purposes described in this title and shall remain 
        available until expended.
          (6) Reports.--An entity receiving a grant under this 
        title shall submit to the disbursing agency a report 
        detailing the activities undertaken with the grant 
        funds, including and providing additional information 
        as the agency shall require.
          (7) Evaluation.--Federal agencies disbursing funds 
        under this title shall set aside up to 3 percent of 
        such funds in order to conduct--
                  (A) evaluations of specific programs or 
                projects funded by the disbursing agency under 
                this title or related research; or
                  (B) evaluations of promising practices or 
                problems emerging in the field or related 
                research, in order to inform the agency or 
                agencies as to which programs or projects are 
                likely to be effective or responsive to needs 
                in the field.
        Final reports of such evaluations shall be made 
        available to the public via the agency's website.
          (8) Nonexclusivity.--Nothing in this title shall be 
        construed to prohibit male victims of domestic 
        violence, dating violence, sexual assault, and stalking 
        from receiving benefits and services under this title.
          (9) Prohibition on tort litigation.--Funds 
        appropriated for the grant program under this title may 
        not be used to fund civil representation in a lawsuit 
        based on a tort claim. This paragraph should not be 
        construed as a prohibition on providing assistance to 
        obtain restitution in a protection order or criminal 
        case.
          (10) Prohibition on lobbying.--Any funds appropriated 
        for the grant program shall be subject to the 
        prohibition in section 1913 of Title 18, relating to 
        lobbying with appropriated moneys.
          (11) Technical assistance.--Of the total amounts 
        appropriated under this title, not less than 3 percent 
        and up to 8 percent, unless otherwise noted, shall be 
        available for providing training and technical 
        assistance relating to the purposes of this title to 
        improve the capacity of the grantees, subgrantees, and 
        other entities. If there is a demonstrated history that 
        the Office on Violence Against Women has previously set 
        aside amounts greater than 8 percent for technical 
        assistance and training relating to grant programs 
        authorized under this title, the Office has the 
        authority to continue setting aside amounts greater 
        than 8 percent.
          (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.

           *       *       *       *       *       *       *


[PART I--VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND IMPROVEMENTS]

           *       *       *       *       *       *       *



PART A--SAFE STREETS FOR WOMEN

           *       *       *       *       *       *       *



Subpart 2--Assistance to Victims of Sexual Assault

           *       *       *       *       *       *       *



SEC. 13941. TRAINING PROGRAMS.

    (a) In General.--The Attorney General, after consultation 
with victim advocates and individuals who have expertise in 
treating sex offenders, shall establish criteria and develop 
training programs to assist probation and parole officers and 
other personnel who work with released sex offenders in the 
areas of--
          (1) case management;
          (2) supervision; and
          (3) relapse prevention.
    (b) Training Programs.--The Attorney General shall ensure, 
to the extent practicable, that training programs developed 
under subsection (a) of this section are available in 
geographically diverse locations throughout the country.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section [$5,000,000 for 
each of fiscal years 2007 through 2011.] $5,000,000 for each of 
fiscal years 2012 through 2016.

           *       *       *       *       *       *       *


PART B--SAFE HOMES FOR WOMEN

           *       *       *       *       *       *       *



Subpart 3--Rural Domestic Violence and Child Abuse Enforcement

           *       *       *       *       *       *       *



SEC. 13971. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
                    STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    (a) Purposes.--The purposes of this section are--
          (1) to identify, assess, and appropriately respond to 
        child, youth, and adult victims of domestic violence, 
        sexual assault, dating violence, and stalking in rural 
        communities, by encouraging collaboration among--
                  (A) domestic violence, dating violence, 
                sexual assault, and stalking victim service 
                providers;
                  (B) law enforcement agencies;
                  (C) prosecutors;
                  (D) courts;
                  (E) other criminal justice service providers;
                  (F) human and community service providers;
                  (G) educational institutions; and
                  (H) health care providers, including sexual 
                assault forensic examiners;
          (2) to establish and expand nonprofit, 
        nongovernmental, State, tribal, territorial, and local 
        government victim services in rural communities to 
        child, youth, and adult victims; and
          (3) to increase the safety and well-being of women 
        and children in rural communities, by--
                  (A) dealing directly and immediately with 
                domestic violence, sexual assault, dating 
                violence, and stalking occurring in rural 
                communities; and
                  (B) creating and implementing strategies to 
                increase awareness and prevent domestic 
                violence, sexual assault, dating violence, and 
                stalking.
    (b) Grants Authorized.--The Attorney General, acting 
through the Director of the Office on Violence Against Women 
(referred to in this section as the ``Director''), may award 
grants to States, Indian tribes, local governments, and 
nonprofit, public or private entities, including tribal 
nonprofit organizations, to carry out programs serving rural 
areas or rural communities that address domestic violence, 
dating violence, sexual assault, and stalking by--
          (1) implementing, expanding, and establishing 
        cooperative efforts and projects among law enforcement 
        officers, prosecutors, [victim advocacy groups] victim 
        service providers, and other related parties to 
        investigate and prosecute incidents of domestic 
        violence, dating violence, sexual assault, and 
        stalking, including developing multidisciplinary teams 
        focusing on high risk cases with the goal of preventing 
        domestic and dating violence homicides;
          (2) providing treatment, counseling, advocacy, [and 
        other long- and short-term assistance] legal 
        assistance, and other long-term and short-term victim 
        and population specific services to adult and minor 
        victims of domestic violence, dating violence, sexual 
        assault, and stalking in rural communities, including 
        assistance in immigration matters; [and]
          (3) working in cooperation with the community to 
        develop education and prevention strategies directed 
        toward such issues[.];
          (4) developing, enlarging, or strengthening programs 
        addressing sexual assault, including sexual assault 
        forensic examiner programs, Sexual Assault Response 
        Teams, law enforcement training, and programs 
        addressing rape kit backlogs; and
          (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.

           *       *       *       *       *       *       *

    (e) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated [$55,000,000 for each of the fiscal years 
        2007 through 2011] $50,000,000 for each of fiscal years 
        2012 through 2016 to carry out this section.
          (2) Additional funding.--In addition to funds 
        received through a grant under subsection (b) of this 
        section, a law enforcement agency may use funds 
        received through a grant under subchapter XII-E of 
        chapter 46 of this title to accomplish the objectives 
        of this section.

           *       *       *       *       *       *       *


  Subpart 3A--Research on Effective Interventions to Address Violence 
Against Women

           *       *       *       *       *       *       *



SEC. 13973. RESEARCH ON EFFECTIVE INTERVENTIONS IN A HEALTH CARE 
                    SETTING.

    [(a) Purpose.--The Secretary, acting through the Director 
of the Centers for Disease Control and Prevention and the 
Director of the Agency for Healthcare Research and Quality, 
shall award grants and contracts to fund research on effective 
interventions in the health care setting that prevent domestic 
violence, dating violence, and sexual assault across the 
lifespan and that prevent the health effects of such violence 
and improve the safety and health of individuals who are 
currently being victimized.
    [(b) Use of Funds.--Research conducted with amounts 
received under a grant or contract under this section shall 
include the following:
          [(1) With respect to the authority of the centers for 
        disease control and prevention--
                  [(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 the health status of 
                individuals, families, and populations;
                  [(B) research and testing of best messages 
                and strategies to mobilize public and health 
                care provider action concerning the prevention 
                of domestic, dating, or sexual violence; and
                  [(C) measure the comparative effectiveness 
                and outcomes of efforts under this Act to 
                reduce violence and increase women's safety.
          [(2) With respect to the authority of the agency for 
        healthcare research and quality--
                  [(A) research on the impact on the health 
                care system, health care utilization, health 
                care costs, and health status of domestic 
                violence, dating violence, and childhood 
                exposure to domestic and dating violence, 
                sexual violence and stalking and childhood 
                exposure; and
                  [(B) research on effective interventions 
                within primary care and emergency health care 
                settings and with health care settings that 
                include clinical partnerships within community 
                domestic violence providers for adults and 
                children exposed to domestic or dating 
                violence.
  [(c) Use of Data.--Research funded under this section shall 
be utilized by eligible entities under section 280g-4 of this 
title.
  [(d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section, $5,000,000 for each 
of fiscal years 2007 through 2011.

           *       *       *       *       *       *       *


Subpart 4--Transitional Housing Assistance Grants for [Child Victims of 
  Domestic Violence, Stalking, or Sexual Assault] Victims of Domestic 
Violence, Dating Violence, Sexual Assault, or Stalking

           *       *       *       *       *       *       *



SEC. 13975. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR [CHILD VICTIMS 
                    OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT] 
                    VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, 
                    SEXUAL ASSAULT, OR STALKING

    (a) In General.--The Attorney General, acting in 
consultation with the Director of the Violence Against Women 
Office of the Department of Justice, the Department of Housing 
and Urban Development, and the Department of Health and Human 
Services, shall award grants under this section to States, 
units of local government, Indian tribes, and other 
organizations, including domestic violence and sexual assault 
victim service providers, domestic violence and sexual assault 
coalitions, other nonprofit, nongovernmental organizations, or 
community-based and culturally specific organizations, that 
have a documented history of effective work concerning domestic 
violence, dating violence, sexual assault, or stalking 
(referred to in this section as the ``recipient'') to carry out 
programs to provide assistance to minors, adults, and their 
dependents--
          (1) who are homeless, or in need of transitional 
        housing or other housing assistance, as a result of 
        [fleeing] a situation of domestic violence, dating 
        violence, sexual assault, or stalking; and
          (2) for whom emergency shelter services or other 
        crisis intervention services are unavailable or 
        insufficient.
    (b) Grants.--Grants awarded under this section may be used 
for programs that provide--
          (1) transitional housing, including funding for the 
        operating expenses of newly developed or existing 
        transitional housing.
          (2) short-term housing assistance, including rental 
        or utilities payments assistance and assistance with 
        related expenses such as payment of security deposits 
        and other costs incidental to relocation to 
        transitional housing for persons described in 
        subsection (a) of this section; and
          (3) support services designed to enable a minor, an 
        adult, or a dependent of such minor or adult, who is 
        fleeing a situation of domestic violence, dating 
        violence, sexual assault, or stalking to--
                  (A) locate and secure permanent housing; 
                [and]
                  (B) secure employment, including obtaining 
                employment counseling, occupational training, 
                job retention counseling, and counseling 
                concerning re-entry in to the workforce; and
                  [(B)] (C) integrate into a community by 
                providing that minor, adult, or dependent with 
                services, such as transportation, counseling, 
                child care services, case management, 
                [employment counseling,] and other assistance. 
                Participation in the support services shall be 
                voluntary. Receipt of the benefits of the 
                housing assistance described in paragraph (2) 
                shall not be conditioned upon the participation 
                of the youth, adults, or their dependents in 
                any or all of the support services offered 
                them.
    (c) Duration.--
          (1) In general.--Except as provided in paragraph (2), 
        a minor, an adult, or a dependent, who receives 
        assistance under this section shall receive that 
        assistance for not more than 24 months.
          (2) Waiver.--The recipient of a grant under this 
        section may waive the restriction under paragraph (1) 
        for not more than an additional 6 month period with 
        respect to any minor, adult, or dependent, who--
                  (A) has made a good-faith effort to acquire 
                permanent housing; and
                  (B) has been unable to acquire permanent 
                housing.
    (d) Application.--
          (1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Attorney General at such time, in such manner, and 
        accompanied by such information as the Attorney General 
        may reasonably require.
          (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                  (A) describe the activities for which 
                assistance under this section is sought;
                  (B) provide assurances that any supportive 
                services offered to participants in programs 
                developed under subsection (b)(3) of this 
                section are voluntary and that refusal to 
                receive such services shall not be grounds for 
                termination from the program or eviction from 
                the victim's housing; and
                  (C) provide such additional assurances as the 
                Attorney General determines to be essential to 
                ensure compliance with the requirements of this 
                section.
          (3) Application.--Nothing in this subsection shall be 
        construed to require--
                  (A) victims to participate in the criminal 
                justice system in order to receive services; or
                  (B) domestic violence advocates to breach 
                client confidentiality.
    (e) Report to the Attorney General.--
          (1) In general.--A recipient of a grant under this 
        section shall annually prepare and submit to the 
        Attorney General a report describing--
                  (A) the number of minors, adults, and 
                dependents assisted under this section; and
                  (B) the types of housing assistance and 
                support services provided under this section.
          (2) Contents.--Each report prepared and submitted 
        pursuant to paragraph (1) shall include information 
        regarding--
                  (A) the purpose and amount of housing 
                assistance provided to each minor, adult, or 
                dependent, assisted under this section and the 
                reason for that assistance;
                  (B) the number of months each minor, adult, 
                or dependent, received assistance under this 
                section;
                  (C) the number of minors, adults, and 
                dependents who--
                          (i) were eligible to receive 
                        assistance under this section; and
                          (ii) were not provided with 
                        assistance under this section solely 
                        due to a lack of available housing;
                  (D) the type of support services provided to 
                each minor, adult, or dependent, assisted under 
                this section; and
                  (E) the client population served and the 
                number of individuals requesting services that 
                the transitional housing program is unable to 
                serve as a result of a lack of resources.
    (f) Report to Congress.--
          (1) Reporting requirement.--The Attorney General, 
        with the Director of the Violence Against Women Office, 
        shall prepare and submit to the Committee on the 
        Judiciary of the House of Representatives and the 
        Committee on the Judiciary of the Senate a report that 
        contains a compilation of the information contained in 
        the report submitted under subsection (e) of this 
        section not later than 1 month after the end of each 
        even-numbered fiscal year.
          (2) Availability of report.--In order to coordinate 
        efforts to assist the victims of domestic violence, the 
        Attorney General, in coordination with the Director of 
        the Violence Against Women Office, shall transmit a 
        copy of the report submitted under paragraph (1) to--
                  (A) the Office of Community Planning and 
                Development at the United States Department of 
                Housing and Urban Development; and
                  (B) the Office of Women's Health at the 
                United States Department of Health and Human 
                Services.
    (g) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to carry out this section [$40,000,000 for 
        each of the fiscal years 2007 through 2011] $35,000,000 
        for each of fiscal years 2012 through 2016.
          (2) Limitations.--Of the amount made available to 
        carry out this section in any fiscal year, up to 5 
        percent may be used by the Attorney General for 
        evaluation, monitoring, technical assistance, salaries 
        and administrative expenses.
          (3) Minimum amount.--
                  (A) In general.--Except as provided in 
                subparagraph (B), unless all [eligible] 
                qualified applications submitted by any States, 
                units of local government, Indian tribes, or 
                organizations within a State for a grant under 
                this section have been funded, that State, 
                together with the grantees within the State 
                (other than Indian tribes), shall be allocated 
                in each fiscal year, not less than 0.75 percent 
                of the total amount appropriated in the fiscal 
                year for grants pursuant to this section.
                  (B) Exception.--The United States Virgin 
                Islands, American Samoa, Guam, and the Northern 
                Mariana Islands shall each be allocated not 
                less than 0.25 percent of the total amount 
                appropriated in the fiscal year for grants 
                pursuant to this section.
                  (C) Underserved populations.--
                          (i) Indian tribes.--
                                  (I) 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.
                                  (II) Applicability of part.--
                                The requirements of this 
                                section shall not apply to 
                                funds allocated for the program 
                                described in subclause (I).
                          (ii) Priority shall be given to 
                        projects developed under subsection (b) 
                        of this section that primarily serve 
                        underserved populations.
                  (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.

           *       *       *       *       *       *       *


PART F--NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION

           *       *       *       *       *       *       *



SEC. 14032. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this 
part [$3,000,000 for each of fiscal years 2007 through 2011.] 
$3,000,000 for fiscal years 2012 through 2016. 

           *       *       *       *       *       *       *


  [PART G--ELDER ABUSE, NEGLECT, AND EXPLOITATION, INCLUDING DOMESTIC 
VIOLENCE AND SEXUAL ASSAULT AGAINST OLDER OR DISABLED INDIVIDUALS]

           *       *       *       *       *       *       *



   PART G--ENHANCED TRAINING AND SERVICES TO END ABUSE LATER IN LIFE

SEC. 14041. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.

    (a) Definitions.--In this section--
          (1) the term ``exploitation'' has the meaning given 
        the term in section 2011 of the Social Security Act (42 
        U.S.C. 1397j);
          (2) the term ``later life'', relating to an 
        individual, means the individual is 50 years of age or 
        older; and
          (3) the term ``neglect'' means the failure of a 
        caregiver or fiduciary to provide the goods or services 
        that are necessary to maintain the health or safety of 
        an individual in later life.
    (b) Grant Program.--
          (1) Grants authorized.--The Attorney General may make 
        grants to eligible entities to carry out the activities 
        described in paragraph (2).
          (2) Mandatory and permissible activities.--
                  (A) Mandatory activities.--An eligible entity 
                receiving a grant under this section shall use 
                the funds received under the grant to--
                          (i) provide training programs to 
                        assist law enforcement agencies, 
                        prosecutors, agencies of States or 
                        units of local government, population 
                        specific organizations, victim service 
                        providers, victim advocates, and 
                        relevant officers in Federal, tribal, 
                        State, territorial, and local courts in 
                        recognizing and addressing instances of 
                        elder abuse;
                          (ii) provide or enhance services for 
                        victims of abuse in later life, 
                        including domestic violence, dating 
                        violence, sexual assault, stalking, 
                        exploitation, and neglect;
                          (iii) establish or support 
                        multidisciplinary collaborative 
                        community responses to victims of abuse 
                        in later life, including domestic 
                        violence, dating violence, sexual 
                        assault, stalking, exploitation, and 
                        neglect; and
                          (iv) conduct cross-training for law 
                        enforcement agencies, prosecutors, 
                        agencies of States or units of local 
                        government, attorneys, health care 
                        providers, population specific 
                        organizations, faith-based advocates, 
                        victim service providers, and courts to 
                        better serve victims of abuse in later 
                        life, including domestic violence, 
                        dating violence, sexual assault, 
                        stalking, exploitation, and neglect.
                  (B) Permissible activities.--An eligible 
                entity receiving a grant under this section may 
                use the funds received under the grant to--
                          (i) provide training programs to 
                        assist attorneys, health care 
                        providers, faith-based leaders, or 
                        other community-based organizations in 
                        recognizing and addressing instances of 
                        abuse in later life, including domestic 
                        violence, dating violence, sexual 
                        assault, stalking, exploitation, and 
                        neglect; or
                          (ii) conduct outreach activities and 
                        awareness campaigns to ensure that 
                        victims of abuse in later life, 
                        including domestic violence, dating 
                        violence, sexual assault, stalking, 
                        exploitation, and neglect receive 
                        appropriate assistance.
                  (C) Waiver.--The Attorney General may waive 1 
                or more of the activities described in 
                subparagraph (A) upon making a determination 
                that the activity would duplicate services 
                available in the community.
                  (D) Limitation.--An eligible entity receiving 
                a grant under this section may use not more 
                than 10 percent of the total funds received 
                under the grant for an activity described in 
                subparagraph (B)(ii).
          (3) Eligible entities.--An entity shall be eligible 
        to receive a grant under this section if--
                  (A) the entity is--
                          (i) a State;
                          (ii) a unit of local government;
                          (iii) a tribal government or tribal 
                        organization;
                          (iv) a population specific 
                        organization with demonstrated 
                        experience in assisting individuals 
                        over 50 years of age;
                          (v) a victim service provider with 
                        demonstrated experience in addressing 
                        domestic violence, dating violence, 
                        sexual assault, and stalking; or
                          (vi) a State, tribal, or territorial 
                        domestic violence or sexual assault 
                        coalition; and
                  (B) the entity demonstrates that it is part 
                of a multidisciplinary partnership that 
                includes, at a minimum--
                          (i) a law enforcement agency;
                          (ii) a prosecutor's office;
                          (iii) a victim service provider; and
                          (iv) a nonprofit program or 
                        government agency with demonstrated 
                        experience in assisting individuals in 
                        later life;
          (4) Underserved populations.--In making grants under 
        this section, the Attorney General shall give priority 
        to proposals providing services to culturally specific 
        and underserved populations.
          (5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this section 
        $9,000,000 for each of fiscal years 2012 through 2016.

           *       *       *       *       *       *       *


[PART K--SERVICES, EDUCATION, PROTECTION AND JUSTICE FOR YOUNG VICTIMS 
OF VIOLENCE]

           *       *       *       *       *       *       *



SEC. 14043C. 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.

           *       *       *       *       *       *       *


PART L--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE AGAINST 
WOMEN AND CHILDREN

           *       *       *       *       *       *       *



SEC. 14043D-2. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.

    [(a) Grants Authorized.--
          [(1) In general.--The Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, and in collaboration with the Department of 
        Health and Human Services, is authorized to award 
        grants on a competitive basis to eligible entities for 
        the purpose of mitigating the effects of domestic 
        violence, dating violence, sexual assault, and stalking 
        on children exposed to such violence, and reducing the 
        risk of future victimization or perpetration of 
        domestic violence, dating violence, sexual assault, and 
        stalking.
          [(2) Term.--The Director shall make grants under this 
        section for a period of 2 fiscal years.
          [(3) Award basis.--The Director shall award grants--
                  [(A) considering the needs of underserved 
                populations;
                  [(B) awarding not less than 10 percent of 
                such amounts to Indian tribes for the funding 
                of tribal projects from the amounts made 
                available under this section for a fiscal year;
                  [(C) awarding up to 8 percent for the funding 
                of technical assistance programs from the 
                amounts made available under this section for a 
                fiscal year; and
                  [(D) awarding not less than 66 percent to 
                programs described in subsection (c)(1) of this 
                section from the amounts made available under 
                this section for a fiscal year.
    [(b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $20,000,000 for 
each of fiscal years 2007 through 2011.
    [(c) Use of Funds.--The funds appropriated under this 
section shall be used for--
          [(1) programs that provide services for children 
        exposed to domestic violence, dating violence, sexual 
        assault, or stalking, which may include direct 
        counseling, advocacy, or mentoring, and must include 
        support for the nonabusing parent or the child's 
        caretaker; or
          [(2) training, coordination, and advocacy for 
        programs that serve children and youth (such as Head 
        Start, child care, and after-school programs) on how to 
        safely and confidentially identify children and 
        families experiencing domestic violence and properly 
        refer them to programs that can provide direct services 
        to the family and children, and coordination with other 
        domestic violence or other programs serving children 
        exposed to domestic violence, dating violence, sexual 
        assault, or stalking that can provide the training and 
        direct services referenced in this subsection.
    [(d) Eligible Entities.--To be eligible to receive a grant 
under this section, an entity shall be a--
          [(1) a victim service provider, tribal nonprofit 
        organization or community-based organization that has a 
        documented history of effective work concerning 
        children or youth exposed to domestic violence, dating 
        violence, sexual assault, or stalking, including 
        programs that provide culturally specific services, 
        Head Start, childcare, faith- based organizations, 
        after school programs, and health and mental health 
        providers; or
          [(2) a State, territorial, or tribal, or local unit 
        of government agency that is partnered with an 
        organization described in paragraph (1).
    [(e) Grantee Requirements.--Under this section, an entity 
shall--
          [(1) prepare and submit to the Director an 
        application at such time, in such manner, and 
        containing such information as the Director may 
        require; and
          [(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will 
        adapt to--
                  [(A) enhance or ensure the safety and 
                security of children who have been or are being 
                exposed to violence and their nonabusing 
                parent, enhance or ensure the safety and 
                security of children and their nonabusing 
                parent in homes already experiencing domestic 
                violence, dating violence, sexual assault, or 
                stalking; and
                  [(B) ensure linguistically, culturally, and 
                community relevant services for underserved 
                communities.]

SEC. 14043D-2. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION. 
                    (SMART PREVENTION).

    (a) Grants Authorized.--The Attorney General, in 
consultation with the Secretary of Health and Human Services 
and the Secretary of Education, is authorized to award grants 
for the purpose of preventing domestic violence, dating 
violence, sexual assault, and stalking by taking a 
comprehensive approach that focuses on youth, children exposed 
to violence, and men as leaders and influencers of social 
norms.
    (b) Use of Funds.--Funds provided under this section may be 
used for the following purposes:
          (1) Teen dating violence awareness and prevention.--
        To develop, maintain, or enhance programs that change 
        attitudes and behaviors around the acceptability of 
        domestic violence, dating violence, sexual assault, and 
        stalking and provide education and skills training to 
        young individuals and individuals who influence young 
        individuals. The prevention program may use evidence-
        based, evidence-informed, or innovative strategies and 
        practices focused on youth. Such a program should 
        include--
                  (A) age and developmentally-appropriate 
                education on domestic violence, dating 
                violence, sexual assault, stalking, and sexual 
                coercion, as well as healthy relationship 
                skills, in school, in the community, or in 
                health care settings;
                  (B) community-based collaboration and 
                training for those with influence on youth, 
                such as parents, teachers, coaches, healthcare 
                providers, faith-leaders, older teens, and 
                mentors;
                  (C) education and outreach to change 
                environmental factors contributing to domestic 
                violence, dating violence, sexual assault, and 
                stalking; and
                  (D) policy development targeted to 
                prevention, including school-based policies and 
                protocols.
          (2) Children exposed to violence and abuse.--To 
        develop, maintain or enhance programs designed to 
        prevent future incidents of domestic violence, dating 
        violence, sexual assault, and stalking by preventing, 
        reducing and responding to children's exposure to 
        violence in the home. Such programs may include--
                  (A) providing services for children exposed 
                to domestic violence, dating violence, sexual 
                assault or stalking, including direct 
                counseling or advocacy, and support for the 
                non-abusing parent; and
                  (B) training and coordination for 
                educational, after-school, and childcare 
                programs on how to safely and confidentially 
                identify children and families experiencing 
                domestic violence, dating violence, sexual 
                assault, or stalking and properly refer 
                children exposed and their families to services 
                and violence prevention programs.
          (3) Engaging men as leaders and role models.--To 
        develop, maintain or enhance programs that work with 
        men to prevent domestic violence, dating violence, 
        sexual assault, and stalking by helping men to serve as 
        role models and social influencers of other men and 
        youth at the individual, school, community or statewide 
        levels.
    (c) Eligible Entities.--To be eligible to receive a grant 
under this section, an entity shall be--
          (1) a victim service provider, community-based 
        organization, tribe or tribal organization, or other 
        non-profit, nongovernmental organization that has a 
        history of effective work preventing domestic violence, 
        dating violence, sexual assault, or stalking and 
        expertise in the specific area for which they are 
        applying for funds; or
          (2) a partnership between a victim service provider, 
        community-based organization, tribe or tribal 
        organization, or other non-profit, nongovernmental 
        organization that has a history of effective work 
        preventing domestic violence, dating violence, sexual 
        assault, or stalking and at least one of the following 
        that has expertise in serving children exposed to 
        domestic violence, dating violence, sexual assault, or 
        stalking, youth domestic violence, dating violence, 
        sexual assault, or stalking prevention, or engaging men 
        to prevent domestic violence, dating violence, sexual 
        assault, or stalking:
                  (A) A public, charter, tribal, or nationally 
                accredited private middle or high school, a 
                school administered by the Department of 
                Defense under section 2164 of title 10, United 
                States Code or section 1402 of the Defense 
                Dependents' Education Act of 1978, a group of 
                schools, or a school district.
                  (B) A local community-based organization, 
                population-specific organization, or faith-
                based organization that has established 
                expertise in providing services to youth.
                  (C) A community-based organization, 
                population-specific organization, university or 
                health care clinic, faith-based organization, 
                or other non-profit, nongovernmental 
                organization with a demonstrated history of 
                effective work addressing the needs of children 
                exposed to domestic violence, dating violence, 
                sexual assault, or stalking.
                  (D) A nonprofit, nongovernmental entity 
                providing services for runaway or homeless 
                youth affected by domestic violence, dating 
                violence, sexual assault, or stalking.
                  (E) Healthcare entities eligible for 
                reimbursement under title XVIII of the Social 
                Security Act, including providers that target 
                the special needs of children and youth.
                  (F) Any other agencies, population-specific 
                organizations, or nonprofit, nongovernmental 
                organizations with the capacity to provide 
                necessary expertise to meet the goals of the 
                program; or
          (3) a public, charter, tribal, or nationally 
        accredited private middle or high school, a school 
        administered by the Department of Defense under section 
        2164 of title 10, United States Code or section 1402 of 
        the Defense Dependents' Education Act of 1978, a group 
        of schools, a school district, or an institution of 
        higher education.
    (d) Grantee Requirements.--
          (1) In General.--Applicants for grants under this 
        section shall prepare and submit to the Director an 
        application at such time, in such manner, and 
        containing such information as the Director may require 
        that demonstrates the capacity of the applicant and 
        partnering organizations to undertake the project.
          (2) Policies and Procedures.--Applicants under this 
        section shall establish and implement policies, 
        practices, and procedures that--
                  (A) include appropriate referral systems to 
                direct any victim identified during program 
                activities to highly qualified follow-up care;
                  (B) protect the confidentiality and privacy 
                of adult and youth victim information, 
                particularly in the context of parental or 
                third party involvement and consent, mandatory 
                reporting duties, and working with other 
                service providers;
                  (C) ensure that all individuals providing 
                prevention programming through a program funded 
                under this section have completed or will 
                complete sufficient training in connection with 
                domestic violence, dating violence, sexual 
                assault or stalking; and
                  (D) document how prevention programs are 
                coordinated with service programs in the 
                community.
          (3) Preference.--In selecting grant recipients under 
        this section, the Attorney General shall give 
        preference to applicants that--
                  (A) include outcome-based evaluation; and
                  (B) identify any other community, school, or 
                State-based efforts that are working on 
                domestic violence, dating violence, sexual 
                assault, or stalking prevention and explain how 
                the grantee or partnership will add value, 
                coordinate with other programs, and not 
                duplicate existing efforts.
    (e) Definitions and Grant Conditions.--In this section, the 
definitions and grant conditions provided for in section 40002 
shall apply.
    (f) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section, $15,000,000 for 
each of fiscal years 2012 through 2016. Amounts appropriated 
under this section may only be used for programs and activities 
described under this section.
    (g) Allotment.--
          (1) In general.--Not less than 25 percent of the 
        total amounts appropriated under this section in each 
        fiscal year shall be used for each set of purposes 
        described in paragraphs (1), (2), and (3) of subsection 
        (b).
          (2) Indian tribes.--Not less than 10 percent of the 
        total amounts appropriated under this section in each 
        fiscal year shall be made available for grants to 
        Indian tribes or tribal organizations. If an 
        insufficient number of applications are received from 
        Indian tribes or tribal organizations, such funds shall 
        be allotted to other population-specific programs.

SEC. 14043D-3. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME 
                    VISITATION PROJECTS.

    [(a) Grants authorized.--
          [(1) In general.--The Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, and in collaboration with the Department of 
        Health and Human Services, shall award grants on a 
        competitive basis to home visitation programs, in 
        collaboration with victim service providers, for the 
        purposes of developing and implementing model policies 
        and procedures to train home visitation service 
        providers on addressing domestic violence, dating 
        violence, sexual assault, and stalking in families 
        experiencing violence, or at risk of violence, to 
        reduce the impact of that violence on children, 
        maintain safety, improve parenting skills, and break 
        intergenerational cycles of violence.
          [(2) Term.--The Director shall make the grants under 
        this section for a period of 2 fiscal years.]
          [(3) Award basis.--The Director shall--
                  [(A) consider the needs of underserved 
                populations;
                  [(B) award not less than 7 percent of such 
                amounts for the funding of tribal projects from 
                the amounts made available under this section 
                for a fiscal year; and
                  [(C) award up to 8 percent for the funding of 
                technical assistance programs from the amounts 
                made available under this section for a fiscal 
                year.
    [(b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $7,000,000 for 
each of fiscal years 2007 through 2011.]
    [(c) Eligible entities.--To be eligible to receive a grant 
under this section, an entity shall be a national, Federal, 
State, local, territorial, or tribal--
          [(1) home visitation program that provides services 
        to pregnant women and to young children and their 
        parent or primary caregiver that are provided in the 
        permanent or temporary residence or in other familiar 
        surroundings of the individual or family receiving such 
        services; or
          [(2) victim services organization or agency in 
        collaboration with an organization or organizations 
        listed in paragraph (1).
    [(d) Grantee Requirements.--Under this section, an entity 
shall--
          [(1) prepare and submit to the Director an 
        application at such time, in such manner, and 
        containing such information as the Director may 
        require; and
          [(2) describe in the application the policies and 
        procedures that the entity has or will adopt to--
                  [(A) enhance or ensure the safety and 
                security of children and their nonabusing 
                parent in homes already experiencing domestic 
                violence, dating violence, sexual assault, or 
                stalking;
                  [(B) ensure linguistically, culturally, and 
                community relevant services for underserved 
                communities;
                  [(C) ensure the adequate training by domestic 
                violence, dating violence, sexual assault or 
                stalking victim service providers of home 
                visitation grantee program staff to--
                          [(i) safely screen for and/or 
                        recognize domestic violence, dating 
                        violence, sexual assault, and stalking;
                          [(ii) understand the impact of 
                        domestic violence or sexual assault on 
                        children and protective actions taken 
                        by a nonabusing parent or caretaker in 
                        response to violence against anyone in 
                        the household; and
                          [(iii) link new parents with existing 
                        community resources in communities 
                        where resources exist; and
                  [(D) ensure that relevant State and local 
                domestic violence, dating violence, sexual 
                assault, and stalking victim service providers 
                and coalitions are aware of the efforts of 
                organizations receiving grants under this 
                section, and are included as training partners, 
                where possible.

SEC. 14043D-4. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC VIOLENCE, 
                    DATING VIOLENCE, SEXUAL ASSAULT AND STALKING.

    [(a) Grants Authorized.--
          [(1) In general.--The Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, and in collaboration with the Department of 
        Health and Human Services, shall award grants on a 
        competitive basis to eligible entities for the purpose 
        of developing or enhancing programs related to engaging 
        men and youth in preventing domestic violence, dating 
        violence, sexual assault, and stalking by helping them 
        to develop mutually respectful, nonviolent 
        relationships.
          [(2) Term.--The Director shall make grants under this 
        section for a period of 2 fiscal years.
          [(3) Award basis.--The Director shall award grants--
                  [(A) considering the needs of underserved 
                populations;
                  [(B) awarding not less than 10 percent of 
                such amounts for the funding of Indian tribes 
                from the amounts made available under this 
                section for a fiscal year; and
                  [(C) awarding up to 8 percent for the funding 
                of technical assistance for grantees and non-
                grantees working in this area from the amounts 
                made available under this section for a fiscal 
                year.
    [(b) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $10,000,000 for 
each of fiscal years 2007 through 2011.
    [(c) Use of funds.--
          [(1) Programs.--The funds appropriated under this 
        section shall be used by eligible entities--
                  [(A) to develop or enhance community-based 
                programs, including gender-specific programs in 
                accordance with applicable laws that--
                          [(i) encourage children and youth to 
                        pursue nonviolent relationships and 
                        reduce their risk of becoming victims 
                        or perpetrators of domestic violence, 
                        dating violence, sexual assault, or 
                        stalking; and
                          [(ii) that include at a minimum--
                                  [(I) information on domestic 
                                violence, dating violence, 
                                sexual assault, stalking, or 
                                child sexual abuse and how they 
                                affect children and youth; and
                                  [(II) strategies to help 
                                participants be as safe as 
                                possible; or
                  [(B) to create public education campaigns and 
                community organizing to encourage men and boys 
                to work as allies with women and girls to 
                prevent violence against women and girls 
                conducted by entities that have experience in 
                conducting public education campaigns that 
                address domestic violence, dating violence, 
                sexual assault, or stalking.
          [(2) Media limits.--No more than 40 percent of funds 
        received by a grantee under this section may be used to 
        create and distribute media materials.
    [(d) Eligible Entities.--
          [(1) Relationships.--Eligible entities under 
        subsection (c)(1)(A) of this section are--
                  [(A) nonprofit, nongovernmental domestic 
                violence, dating violence, sexual assault, or 
                stalking victim service providers or 
                coalitions;
                  [(B) community-based child or youth services 
                organizations with demonstrated experience and 
                expertise in addressing the needs and concerns 
                of young people;
                  [(C) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered 
                with an organization described in subparagraph 
                (A) or (B); or
                  [(D) a program that provides culturally 
                specific services.
          [(2) Awareness campaign.--Eligible entities under 
        subsection (c)(1)(B) of this section are--
                  [(A) nonprofit, nongovernmental organizations 
                or coalitions that have a documented history of 
                creating and administering effective public 
                education campaigns addressing the prevention 
                of domestic violence, dating violence, sexual 
                assault or stalking; or
                  [(B) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered 
                with an organization described in subparagraph 
                (A).
    [(e) Grantee Requirements.--Under this section, an entity 
shall--
          [(1) prepare and submit to the Director an 
        application at such time, in such manner, and 
        containing such information as the Director may 
        require; and
          [(2) eligible entities pursuant to subsection 
        (c)(1)(A) of this section shall describe in the 
        application the policies and procedures that the entity 
        has or will adopt to--
                  [(A) enhance or ensure the safety and 
                security of children and youth already 
                experiencing domestic violence, dating 
                violence, sexual assault, or stalking in their 
                lives;
                  [(B) ensure linguistically, culturally, and 
                community relevant services for underserved 
                communities;
                  [(C) inform participants about laws, 
                services, and resources in the community, and 
                make referrals as appropriate; and
                  [(D) ensure that State and local domestic 
                violence, dating violence, sexual assault, and 
                stalking victim service providers and 
                coalitions are aware of the efforts of 
                organizations receiving grants under this 
                section.

           *       *       *       *       *       *       *


 PART M--ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, 
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

           *       *       *       *       *       *       *



Subpart 1--Grant Programs

           *       *       *       *       *       *       *


SEC. 14043E-1. PURPOSE.

  The purpose of this [part] subpart is to reduce domestic 
violence, dating violence, sexual assault, and stalking, and to 
prevent homelessness by--
          (1) protecting the safety of victims of domestic 
        violence, dating violence, sexual assault, and stalking 
        who reside in homeless shelters, public housing, 
        assisted housing, tribally designated housing, or other 
        emergency, transitional, permanent, or affordable 
        housing, and ensuring that such victims have meaningful 
        access to the criminal justice system without 
        jeopardizing such housing;
          (2) creating long-term housing solutions that develop 
        communities and provide sustainable living solutions 
        for victims of domestic violence, dating violence, 
        sexual assault, and stalking;
          (3) building collaborations among victim service 
        providers, homeless service providers, housing 
        providers, and housing agencies to provide appropriate 
        services, interventions, and training to address the 
        housing needs of victims of domestic violence, dating 
        violence, sexual assault, and stalking; and
          (4) enabling public and assisted housing agencies, 
        tribally designated housing entities, private 
        landlords, property management companies, and other 
        housing providers and agencies to respond appropriately 
        to domestic violence, dating violence, sexual assault, 
        and stalking, while maintaining a safe environment for 
        all housing residents.

           *       *       *       *       *       *       *

    For purposes of this [part] subpart--
          (1) the term ``assisted housing'' means housing 
        assisted--
                  (A) under sections 1715e, 1715k, 1715l(d)(3), 
                1715l(d)(4), 1715n(e), 1715v, or 1715z-1 of 
                Title 12;
                  (B) under section 1701s of Title 12;
                  (C) under section 1701q of Title 12;
                  (D) under section 8013 of Title 42;
                  (E) under title II of the Cranston-Gonzales 
                National Affordable Housing Act [42 U.S.C. 
                12721 et seq.];
                  (F) under subtitle D of title VIII of the 
                Cranston-Gonzalez National Affordable Housing 
                Act (42 U.S.C. 12901 et seq.);
                  (G) under title I of the Housing and 
                Community Development Act of 1974 (42 U.S.C. 
                5301 et seq.); or
                  (H) under section 1437f of this title;
          (2) the term ``continuum of care'' means a community 
        plan developed to organize and deliver housing and 
        services to meet the specific needs of people who are 
        homeless as they move to stable housing and achieve 
        maximum self-sufficiency;
          (3) the term ``low-income housing assistance 
        voucher'' means housing assistance described in section 
        1437f of this title;
          (4) the term ``public housing'' means housing 
        described in section 1437a(b)(1) of this title;
          (5) the term ``public housing agency'' means an 
        agency described in section 1437a(b)(6) of this title;
          (6) the terms ``homeless'', ``homeless individual'', 
        and ``homeless person''--
                  (A) mean an individual who lacks a fixed, 
                regular, and adequate nighttime residence; and
                  (B) includes--
                          (i) an individual who--
                                  (I) is sharing the housing of 
                                other persons due to loss of 
                                housing, economic hardship, or 
                                a similar reason;
                                  (II) is living in a motel, 
                                hotel, trailer park, or 
                                campground due to the lack of 
                                alternative adequate 
                                accommodations;
                                  (III) is living in an 
                                emergency or transitional 
                                shelter;
                                  (IV) is abandoned in a 
                                hospital; or
                                  (V) is awaiting foster care 
                                placement;
                          (ii) an individual who has a primary 
                        nighttime residence that is a public or 
                        private place not designed for or 
                        ordinarily used as a regular sleeping 
                        accommodation for human beings; or
                          (iii) migratory children (as defined 
                        in section 6399 of Title 20) who 
                        qualify as homeless under this section 
                        because the children are living in 
                        circumstances described in this 
                        paragraph;
          (7) the term ``homeless service provider'' means a 
        nonprofit, nongovernmental homeless service provider, 
        such as a homeless shelter, a homeless service or 
        advocacy program, a tribal organization serving 
        homeless individuals, or coalition or other nonprofit, 
        nongovernmental organization carrying out a community-
        based homeless or housing program that has a documented 
        history of effective work concerning homelessness;
          (8) the term ``tribally designated housing'' means 
        housing assistance described in the Native American 
        Housing Assistance and Self-Determination Act of 1996 
        (25 U.S.C. 4101 et seq.); and
          (9) the term ``tribally designated housing entity'' 
        means a housing entity described in the Native American 
        Housing Assistance and Self-Determination Act of 1996 
        (25 U.S.C. 4103(21));

           *       *       *       *       *       *       *


SEC. 14043E-3. COLLABORATIVE GRANTS TO INCREASE LONG-TERM STABILITY OF 
                    VICTIMS.

           *       *       *       *       *       *       *


    (i) Authorization of Appropriations.--There are authorized 
to be appropriated [$10,000,000 for each of fiscal years 2007 
through 2011] $4,000,000 for each of fiscal years 2012 through 
2016 to carry out the provisions of this section.

           *       *       *       *       *       *       *


SEC. 14043E-4. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND 
                    ASSISTED HOUSING.

           *       *       *       *       *       *       *


    (g) Authorization of Appropriations.--There are authorized 
to be appropriated [$10,000,000 for each of fiscal years 2007 
through 2011] $4,000,000 for each of fiscal years 2012 through 
2016 to carry out the provisions of this section.

           *       *       *       *       *       *       *


                       Subpart 2--Housing Rights

SEC.14043E-5. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, 
                    DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    (a) Definitions.--In this chapter:
          (1) Affiliated individual.--The term ``affiliated 
        individual'' means, with respect to an individual--
                  (A) a spouse, parent, brother, sister, or 
                child of that individual, or an individual to 
                whom that individual stands in loco parentis; 
                or
                  (B) any individual, tenant, or lawful 
                occupant living in the household of that 
                individual.
          (2) Appropriate Agency.--The term ``appropriate 
        agency'' means, with respect to a covered housing 
        program, the Executive department (as defined in 
        section 101 of title 5, United States Code) that 
        carries out the covered housing program.
          (3) Covered housing program.--The term ``covered 
        housing program'' means--
                  (A) the program under section 202 of the 
                Housing Act of 1959 (12 U.S.C. 1701q);
                  (B) the program under section 811 of the 
                Cranston-Gonzalez National Affordable Housing 
                Act (42 U.S.C. 8013);
                  (C) the program under subtitle D of title 
                VIII of the Cranston-Gonzalez National 
                Affordable Housing Act (42 U.S.C. 12901 et 
                seq.);
                  (D) the program under subtitle A of title IV 
                of the McKinney-Vento Homeless Assistance Act 
                (42 U.S.C. 11360 et seq.);
                  (E) the program under subtitle A of title II 
                of the Cranston-Gonzalez National Affordable 
                Housing Act (42 U.S.C. 12741 et seq.);
                  (F) the program under paragraph (3) of 
                section 221(d) of the National Housing Act (12 
                U.S.C. 1715l(d)) that bears interest at a rate 
                determined under the proviso under paragraph 
                (5) of such section 221(d);
                  (G) the program under section 236 of the 
                National Housing Act (12 U.S.C. 1715z-1);
                  (H) the programs under sections 6 and 8 of 
                the United States Housing Act of 1937 (42 
                U.S.C. 1437d and 1437f);
                  (I) rural housing assistance provided under 
                sections 514, 515, 516, 533, and 538 of the 
                Housing Act of 1949 (42 U.S.C. 1484, 1485, 
                1486, 1490m, and 1490p-2); and
                  (J) the low income housing tax credit program 
                under section 42 of the Internal Revenue Code 
                of 1986.
    (b) Prohibited Basis for Denial or Termination of 
Assistance or Eviction.--
          (1) In general.--An applicant for or tenant of 
        housing assisted under a covered housing program may 
        not be denied admission to, denied assistance under, 
        terminated from participation in, or evicted from the 
        housing on the basis that the applicant or tenant is or 
        has been a victim of domestic violence, dating 
        violence, sexual assault, or stalking, if the applicant 
        or tenant otherwise qualifies for admission, 
        assistance, participation, or occupancy.
          (2) Construction of lease terms.--An incident of 
        actual or threatened domestic violence, dating 
        violence, sexual assault, or stalking shall not be 
        construed as--
                  (A) a serious or repeated violation of a 
                lease for housing assisted under a covered 
                housing program by the victim or threatened 
                victim of such incident; or
                  (B) good cause for terminating the 
                assistance, tenancy, or occupancy rights to 
                housing assisted under a covered housing 
                program of the victim or threatened victim of 
                such incident.
          (3) Termination on the basis of criminal activity.--
                  (A) Denial of assistance, tenancy, and 
                occupancy rights prohibited.--No person may 
                deny assistance, tenancy, or occupancy rights 
                to housing assisted under a covered housing 
                program to a tenant solely on the basis of 
                criminal activity directly relating to domestic 
                violence, dating violence, sexual assault, or 
                stalking that is engaged in by a member of the 
                household of the tenant or any guest or other 
                person under the control of the tenant, if the 
                tenant or an affiliated individual of the 
                tenant is the victim or threatened victim of 
                such domestic violence, dating violence, sexual 
                assault, or stalking.
                  (B) Bifurcation.--
                          (i) In general.--Notwithstanding 
                        subparagraph (A), a public housing 
                        agency or owner or manager of housing 
                        assisted under a covered housing 
                        program may bifurcate a lease for the 
                        housing in order to evict, remove, or 
                        terminate assistance to any individual 
                        who is a tenant or lawful occupant of 
                        the housing and who engages in criminal 
                        activity directly relating to domestic 
                        violence, dating violence, sexual 
                        assault, or stalking against an 
                        affiliated individual or other 
                        individual, without evicting, removing, 
                        terminating assistance to, or otherwise 
                        penalizing a victim of such criminal 
                        activity who is also a tenant or lawful 
                        occupant of the housing.
                          (ii) Effect of eviction on other 
                        tenants.--If public housing agency or 
                        owner or manager of housing assisted 
                        under a covered housing program evicts, 
                        removes, or terminates assistance to an 
                        individual under clause (i), and the 
                        individual is the sole tenant eligible 
                        to receive assistance under a covered 
                        housing program, the public housing 
                        agency or owner or manager of housing 
                        assisted under the covered housing 
                        program shall provide any remaining 
                        tenant an opportunity to establish 
                        eligibility for the covered housing 
                        program. If a tenant described in the 
                        preceding sentence cannot establish 
                        eligibility, the public housing agency 
                        or owner or manager of the housing 
                        shall provide the tenant a reasonable 
                        time, as determined by the appropriate 
                        agency, to find new housing or to 
                        establish eligibility for housing under 
                        another covered housing program.
                  (C) Rules of construction.--Nothing in 
                subparagraph (A) shall be construed--
                          (i) to limit the authority of a 
                        public housing agency or owner or 
                        manager of housing assisted under a 
                        covered housing program, when notified 
                        of a court order, to comply with a 
                        court order with respect to--
                                  (I) the rights of access to 
                                or control of property, 
                                including civil protection 
                                orders issued to protect a 
                                victim of domestic violence, 
                                dating violence, sexual 
                                assault, or stalking; or
                                  (II) the distribution or 
                                possession of property among 
                                members of a household in a 
                                case;
                          (ii) to limit any otherwise available 
                        authority of a public housing agency or 
                        owner or manager of housing assisted 
                        under a covered housing program to 
                        evict or terminate assistance to a 
                        tenant for any violation of a lease not 
                        premised on the act of violence in 
                        question against the tenant or an 
                        affiliated person of the tenant, if the 
                        public housing agency or owner or 
                        manager does not subject an individual 
                        who is or has been a victim of domestic 
                        violence, dating violence, or stalking 
                        to a more demanding standard than other 
                        tenants in determining whether to evict 
                        or terminate;
                          (iii) to limit the authority to 
                        terminate assistance to a tenant or 
                        evict a tenant from housing assisted 
                        under a covered housing program if a 
                        public housing agency or owner or 
                        manager of the housing can demonstrate 
                        that an actual and imminent threat to 
                        other tenants or individuals employed 
                        at or providing service to the property 
                        would be present if the assistance is 
                        not terminated or the tenant is not 
                        evicted; or
                          (iv) to supersede any provision of 
                        any Federal, State, or local law that 
                        provides greater protection than this 
                        section for victims of domestic 
                        violence, dating violence, sexual 
                        assault, or stalking.
    (c) Documentation.--
          (1) Request for documentation.--If an applicant for, 
        or tenant of, housing assisted under a covered housing 
        program represents to a public housing agency or owner 
        or manager of the housing that the individual is 
        entitled to protection under subsection (b), the public 
        housing agency or owner or manager may request, in 
        writing, that the applicant or tenant submit to the 
        public housing agency or owner or manager a form of 
        documentation described in paragraph (3).
          (2) Failure to provide certification.--
                  (A) In general.--If an applicant or tenant 
                does not provide the documentation requested 
                under paragraph (1) within 14 business days 
                after the tenant receives a request in writing 
                for such certification from a public housing 
                agency or owner or manager of housing assisted 
                under a covered housing program, nothing in 
                this chapter may be construed to limit the 
                authority of the public housing agency or owner 
                or manager to--
                          (i) deny admission by the applicant 
                        or tenant to the covered program;
                          (ii) deny assistance under the 
                        covered program to the applicant or 
                        tenant;
                          (iii) terminate the participation of 
                        the applicant or tenant in the covered 
                        program; or
                          (iv) evict the applicant, the tenant, 
                        or a lawful occupant that commits 
                        violations of a lease.
                  (B) Extension.--A public housing agency or 
                owner or manager of housing may extend the 14-
                day deadline under subparagraph (A) at its 
                discretion.
          (3) Form of documentation.--A form of documentation 
        described in this paragraph is--
                  (A) a certification form approved by the 
                appropriate agency that--
                          (i) states that an applicant or 
                        tenant is a victim of domestic 
                        violence, dating violence, sexual 
                        assault, or stalking;
                          (ii) states that the incident of 
                        domestic violence, dating violence, 
                        sexual assault, or stalking that is the 
                        ground for protection under subsection 
                        (b) meets the requirements under 
                        subsection (b); and
                          (iii) includes the name of the 
                        individual who committed the domestic 
                        violence, dating violence, sexual 
                        assault, or stalking, if the name is 
                        known and safe to provide;
                  (B) a document that--
                          (i) is signed by--
                                  (I) an employee, agent, or 
                                volunteer of a victim service 
                                provider, an attorney, a 
                                medical professional, or a 
                                mental health professional from 
                                whom an applicant or tenant has 
                                sought assistance relating to 
                                domestic violence, dating 
                                violence, sexual assault, or 
                                stalking, or the effects of the 
                                abuse; and
                                  (II) the applicant or tenant; 
                                and
                          (ii) states under penalty of perjury 
                        that the individual described in clause 
                        (i)(I) believes that the incident of 
                        domestic violence, dating violence, 
                        sexual assault, or stalking that is the 
                        ground for protection under subsection 
                        (b) meets the requirements under 
                        subsection (b);
                  (C) a record of a Federal, State, tribal, 
                territorial, or local law enforcement agency, 
                court, or administrative agency; or
                  (D) at the discretion of a public housing 
                agency or owner or manager of housing assisted 
                under a covered housing program, a statement or 
                other evidence provided by an applicant or 
                tenant.
          (4) Confidentiality.--Any information submitted to a 
        public housing agency or owner or manager under this 
        subsection, including the fact that an individual is a 
        victim of domestic violence, dating violence, sexual 
        assault, or stalking shall be maintained in confidence 
        by the public housing agency or owner or manager and 
        may not be entered into any shared database or 
        disclosed to any other entity or individual, except to 
        the extent that the disclosure is--
                  (A) requested or consented to by the 
                individual in writing;
                  (B) required for use in an eviction 
                proceeding under subsection (b); or
                  (C) otherwise required by applicable law.
          (5) Documentation not required.--Nothing in this 
        subsection shall be construed to require a public 
        housing agency or owner or manager of housing assisted 
        under a covered housing program to request that an 
        individual submit documentation of the status of the 
        individual as a victim of domestic violence, dating 
        violence, sexual assault, or stalking.
          (6) Compliance not sufficient to constitute evidence 
        of unreasonable act.--Compliance with subsection (b) by 
        a public housing agency or owner or manager of housing 
        assisted under a covered housing program based on 
        documentation received under this subsection, shall not 
        be sufficient to constitute evidence of an unreasonable 
        act or omission by the public housing agency or owner 
        or manager or an employee or agent of the public 
        housing agency or owner or manager. Nothing in this 
        paragraph shall be construed to limit the liability of 
        a public housing agency or owner or manager of housing 
        assisted under a covered housing program for failure to 
        comply with subsection (b).
          (7) Response to conflicting certification.--If a 
        public housing agency or owner or manager of housing 
        assisted under a covered housing program receives 
        documentation under this subsection that contains 
        conflicting information, the public housing agency or 
        owner or manager may require an applicant or tenant to 
        submit third-party documentation, as described in 
        subparagraph (B), (C), or (D) of paragraph (3).
          (8) Preemption.--Nothing in this subsection shall be 
        construed to supersede any provision of any Federal, 
        State, or local law that provides greater protection 
        than this subsection for victims of domestic violence, 
        dating violence, sexual assault, or stalking.
    (d) Notification.--
          (1) Development.--The Secretary of Housing and Urban 
        Development shall develop a notice of the rights of 
        individuals under this section, including the right to 
        confidentiality and the limits thereof.
          (2) Provision.--Each public housing agency or owner 
        or manager of housing assisted under a covered housing 
        program shall provide the notice developed under 
        paragraph (1), together with the form described in 
        subsection (c)(3)(A), to an applicant for or tenants of 
        housing assisted under a covered housing program--
                  (A) at the time the applicant is denied 
                residency in a dwelling unit assisted under the 
                covered housing program;
                  (B) at the time the individual is admitted to 
                a dwelling unit assisted under the covered 
                housing program;
                  (C) with any notification of eviction or 
                notification of termination of assistance; and
                  (D) in multiple languages, consistent with 
                guidance issued by the Secretary of Housing and 
                Urban Development in accordance with Executive 
                Order 13166 (42 U.S.C. 2000d-1 note; relating 
                to access to services for persons with limited 
                English proficiency).
    (e) Emergency Transfers.--Each appropriate agency shall 
adopt a model emergency transfer plan for use by public housing 
agencies and owners or managers of housing assisted under 
covered housing programs that--
          (1) allows tenants who are victims of domestic 
        violence, dating violence, sexual assault, or stalking 
        to transfer to another available and safe dwelling unit 
        assisted under a covered housing program if--
                  (A) the tenant expressly requests the 
                transfer; and
                  (B)(i) the tenant reasonably believes that 
                the tenant is threatened with imminent harm 
                from further violence if the tenant remains 
                within the same dwelling unit assisted under a 
                covered housing program; or
                  (ii) in the case of a tenant who is a victim 
                of sexual assault, the sexual assault occurred 
                on the premises during the 90-day period 
                preceding the request for transfer; and
          (2) incorporates reasonable confidentiality measures 
        to ensure that the public housing agency or owner or 
        manager does not disclose the location of the dwelling 
        unit of a tenant to a person that commits an act of 
        domestic violence, dating violence, sexual assault, or 
        stalking against the tenant.
    (f) Policies and Procedures for Emergency Transfer.--The 
Secretary of Housing and Urban Development shall establish 
policies and procedures under which a victim requesting an 
emergency transfer under subsection (e) may receive, subject to 
the availability of tenant protection vouchers, assistance 
under section 8(o) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)).
    (g) Implementation.--The appropriate agency with respect to 
each covered housing program shall implement this section, as 
this section applies to the covered housing program.

           *       *       *       *       *       *       *


PART N--NATIONAL RESOURCE CENTER

           *       *       *       *       *       *       *



SEC. 14043F. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESOURCES 
                    TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.

           *       *       *       *       *       *       *


    (e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $1,000,000 for 
each of [fiscal years 2007 through 2011] fiscal years 2012 
through 2016.

           *       *       *       *       *       *       *


PART N-1--SEXUAL ASSAULT SERVICES

           *       *       *       *       *       *       *



SEC. 14043G. SEXUAL ASSAULT SERVICES PROGRAM.

           *       *       *       *       *       *       *


    (b) Grants to States and Territories.--
          (1) Grants authorized.--The Attorney General shall 
        award grants to States and territories to support the 
        establishment, maintenance, and expansion of rape 
        crisis centers and [other programs and projects to 
        assist those victimized by sexual assault.] 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) Allocation and use of funds.--
                  (A) Administrative costs.--Not more than 5 
                percent of the grant funds received by a State 
                or territory governmental agency under this 
                subsection for any fiscal year may be used for 
                administrative costs.
                  (B) Grant funds.--Any funds received by a 
                State or territory under this subsection that 
                are not used for administrative costs shall be 
                used to provide grants to rape crisis centers 
                and other nonprofit, nongovernmental 
                organizations or tribal programs and activities 
                for programs and activities within such State 
                or territory that provide direct intervention 
                and related assistance.
                  (C) Intervention and related assistance.--
                Intervention and related assistance under 
                subparagraph (B) may include--
                          (i) 24-hour hotline services 
                        providing crisis intervention services 
                        and referral;
                          (ii) accompaniment and advocacy 
                        through medical, criminal justice, and 
                        social support systems, including 
                        medical facilities, police, and court 
                        proceedings;
                          (iii) crisis intervention, short-term 
                        individual and group support services, 
                        and comprehensive service coordination 
                        and supervision to assist sexual 
                        assault victims and family or household 
                        members;
                          (iv) information and referral to 
                        assist the sexual assault victim and 
                        family or household members;
                          (v) community-based, [linguistically 
                        and] culturally specific services and 
                        support mechanisms, including outreach 
                        activities for underserved communities; 
                        and
                          (vi) the development and distribution 
                        of materials on issues related to the 
                        services described in clauses (i) 
                        through (v).
          (3) Application.--
                  (A) In general.--Each eligible entity 
                desiring a grant under this subsection shall 
                submit an application to the Attorney General 
                at such time and in such manner as the Attorney 
                General may reasonably require.
                  (B) Contents.--Each application submitted 
                under subparagraph (A) shall--
                          (i) set forth procedures designed to 
                        ensure meaningful involvement of the 
                        State or territorial sexual assault 
                        coalition and representatives from 
                        underserved communities in the 
                        development of the application and the 
                        implementation of the plans;
                          (ii) set forth procedures designed to 
                        ensure an equitable distribution of 
                        grants and grant funds within the State 
                        or territory and between urban and 
                        rural areas within such State or 
                        territory;
                          (iii) identify the State or 
                        territorial agency that is responsible 
                        for the administration of programs and 
                        activities; and
                          (iv) meet other such requirements as 
                        the Attorney General reasonably 
                        determines are necessary to carry out 
                        the purposes and provisions of this 
                        section.
          (4) Minimum amount.--The Attorney General shall 
        allocate to each State (including the District of 
        Columbia and Puerto Rico) not less than 1.50 percent of 
        the total amount appropriated in a fiscal year for 
        grants under this section, except that the United 
        States Virgin Islands, American Samoa, Guam, [the 
        District of Columbia, Puerto Rico,] and the 
        Commonwealth of the Northern Mariana Islands shall each 
        be allocated [0.125 percent] 0.25 percent of the total 
        appropriations. The remaining funds shall be allotted 
        to each State and each territory in an amount that 
        bears the same ratio to such remaining funds as the 
        population of such State and such territory bears to 
        the population of all the States and the territories. 
        [The District of Columbia shall be treated as a 
        territory for purposes of calculating its allocation 
        under the preceding formula.]

           *       *       *       *       *       *       *

    (f) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated [$50,000,000 to remain available until 
        expended for each of the fiscal years 2007 through 
        2011] $40,000,000 to remain available until expended 
        for each of fiscal years 2012 through 2016 to carry out 
        the provisions of this section.
          (2) Allocations.--Of the total amounts appropriated 
        for each fiscal year to carry out this section--
                  (A) not more than 2.5 percent shall be used 
                by the Attorney General for evaluation, 
                monitoring, and other administrative costs 
                under this section;
                  (B) not more than 2.5 percent shall be used 
                for the provision of technical assistance to 
                grantees and subgrantees under this section;
                  (C) not less than 65 percent shall be used 
                for grants to States and territories under 
                subsection (b) of this section;
                  (D) not less than 10 percent shall be used 
                for making grants to State, territorial, and 
                tribal sexual assault coalitions under 
                subsection (d) of this section;
                  (E) not less than 10 percent shall be used 
                for grants to tribes under subsection (e) of 
                this section; and
                  (F) not less than 10 percent shall be used 
                for grants for culturally specific programs 
                addressing sexual assault under subsection (c) 
                of this section.

           *       *       *       *       *       *       *


PART P--MISCELLANEOUS AUTHORITIES

           *       *       *       *       *       *       *



[SEC. 14045. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS.

    [(a) Grants Authorized.--
          [(1) In general.--From amounts made available to 
        carry out this section, the Attorney General, acting 
        through the Director of the Office on Violence Against 
        Women, shall award grants to eligible entities 
        described in subsection (b) of this section to carry 
        out local, regional, or national public information 
        campaigns focused on addressing adult, youth, or minor 
        domestic violence, dating violence, sexual assault, 
        stalking, or trafficking within tribal and underserved 
        populations and immigrant communities, including 
        information on services available to victims and ways 
        to prevent or reduce domestic violence, dating 
        violence, sexual assault, and stalking.
          [(2) Term.--The Attorney General shall award grants 
        under this section for a period of 1 fiscal year.
    [(b) Eligible Entities.--Eligible entities under this 
section are--
          [(1) nonprofit, nongovernmental organizations or 
        coalitions that represent the targeted tribal and 
        underserved populations or immigrant community that--
                  [(A) have a documented history of creating 
                and administering effective public awareness 
                campaigns addressing domestic violence, dating 
                violence, sexual assault, and stalking; or
                  [(B) work in partnership with an organization 
                that has a documented history of creating and 
                administering effective public awareness 
                campaigns addressing domestic violence, dating 
                violence, sexual assault, and stalking; or
          [(2) a governmental entity that demonstrates a 
        partnership with organizations described in paragraph 
        (1).
    [(c) Allocation of Funds.--Of the amounts appropriated for 
grants under this section--
          [(1) not more than 20 percent shall be used for 
        national model campaign materials targeted to specific 
        tribal and underserved populations or immigrant 
        community, including American Indian tribes and Alaskan 
        native villages for the purposes of research, testing, 
        message development, and preparation of materials; and
          [(2) the balance shall be used for not less than 10 
        State, regional, territorial, tribal, or local 
        campaigns targeting specific communities with 
        information and materials developed through the 
        national campaign or, if appropriate, new materials to 
        reach an underserved population or a particularly 
        isolated community.
    [(d) Use of Funds.--Funds appropriated under this section 
shall be used to conduct a public information campaign and 
build the capacity and develop leadership of racial, ethnic 
populations, or immigrant community members to address domestic 
violence, dating violence, sexual assault, and stalking.
    [(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) Criteria.--In awarding grants under this section, the 
Attorney General shall ensure--
          [(1) reasonable distribution among eligible grantees 
        representing various underserved and immigrant 
        communities;
          [(2) reasonable distribution among State, regional, 
        territorial, tribal, and local campaigns; and
          [(3) that not more than 8 percent of the total amount 
        appropriated under this section for each fiscal year is 
        set aside for training, technical assistance, and data 
        collection.
    [(g) Reports.--Each eligible entity receiving a grant under 
this section shall submit to the Director of the Office of 
Violence Against Women a report that describes the activities 
carried out with grant funds.
    [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $2,000,000 for 
each of fiscal years 2007 through 2011.
    [(i) Definitions and Grant Conditions.--In this section the 
definitions and grant conditions in section 13925 of this title 
shall apply.

SEC. 14045. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED 
                    POPULATIONS.

    (a) Grants Authorized.--
          (1) In general.--Of the amounts appropriated under 
        the grant programs identified in paragraph (2), the 
        Attorney General shall take 2 percent of such 
        appropriated amounts and combine them to award grants 
        to eligible entities described in subsection (b) of 
        this section to develop and implement outreach 
        strategies targeted at adult or youth victims of 
        domestic violence, dating violence, sexual assault, or 
        stalking in underserved populations and to provide 
        victim services to meet the needs of adult and youth 
        victims of domestic violence, dating violence, sexual 
        assault, and stalking in underserved populations. The 
        requirements of the grant programs identified in 
        paragraph (2) shall not apply to this grant program.
          (2) Programs covered.--The programs covered by 
        paragraph (1) are the programs carried out under the 
        following provisions:
                  (A) Section 2001 of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (Grants to Combat 
                Violent Crimes Against Women).
                  (B) Section 2101 of the Omnibus Crime Control 
                and Safe Streets Act of 1968 (Grants to 
                Encourage Arrest Policies and Enforcement of 
                Protection Orders Program).
    (b) Eligible Entities.--Eligible entities under this 
section are--
          (1) population specific organizations that have 
        demonstrated experience and expertise in providing 
        population specific services in the relevant 
        underserved communities, or population specific 
        organizations working in partnership with a victim 
        service provider or domestic violence or sexual assault 
        coalition;
          (2) victim service providers offering population 
        specific services for a specific underserved 
        population; or
          (3) victim service providers working in partnership 
        with a national, State, tribal, or local organization 
        that has demonstrated experience and expertise in 
        providing population specific services in the relevant 
        underserved population.
    (c) Planning Grants.--The Attorney General may use up to 25 
percent of funds available under this section to make one-time 
planning grants to eligible entities to support the planning 
and development of specially designed and targeted programs for 
adult and youth victims in one or more underserved populations, 
including--
          (1) identifying, building and strengthening 
        partnerships with potential collaborators within 
        underserved populations, Federal, State, tribal, 
        territorial or local government entities, and public 
        and private organizations;
          (2) conducting a needs assessment of the community 
        and the targeted underserved population or populations 
        to determine what the barriers are to service access 
        and what factors contribute to those barriers, using 
        input from the targeted underserved population or 
        populations;
          (3) identifying promising prevention, outreach and 
        intervention strategies for victims from a targeted 
        underserved population or populations; and
          (4) developing a plan, with the input of the targeted 
        underserved population or populations, for implementing 
        prevention, outreach and intervention strategies to 
        address the barriers to accessing services, promoting 
        community engagement in the prevention of domestic 
        violence, dating violence, sexual assault, and stalking 
        within the targeted underserved populations, and 
        evaluating the program.
    (d) Implementation Grants.--The Attorney General shall make 
grants to eligible entities for the purpose of providing or 
enhancing population specific outreach and services to adult 
and youth victims in one or more underserved populations, 
including--
          (1) working with Federal, State, tribal, territorial 
        and local governments, agencies, and organizations to 
        develop or enhance population specific services;
          (2) strengthening the capacity of underserved 
        populations to provide population specific services;
          (3) strengthening the capacity of traditional victim 
        service providers to provide population specific 
        services;
          (4) strengthening the effectiveness of criminal and 
        civil justice interventions by providing training for 
        law enforcement, prosecutors, judges and other court 
        personnel on domestic violence, dating violence, sexual 
        assault, or stalking in underserved populations; or
          (5) working in cooperation with an underserved 
        population to develop and implement outreach, 
        education, prevention, and intervention strategies that 
        highlight available resources and the specific issues 
        faced by victims of domestic violence, dating violence, 
        sexual assault, or stalking from underserved 
        populations.
    (e) Application.--An eligible entity desiring a grant under 
this section shall submit an application to the Director of the 
Office on Violence Against Women at such time, in such form, 
and in such manner as the Director may prescribe.
    (f) Reports.--Each eligible entity receiving a grant under 
this section shall submit to the Director of the Office on 
Violence Against Women a report that describes the activities 
carried out with grant funds.
    (g) Authorization of Appropriations.--In addition to the 
funds identified in subsection (a)(1), there are authorized to 
be appropriated to carry out this section $2,000,000 for each 
of fiscal years 2012 through 2016.
    (h) Definitions and Grant Conditions.--In this section the 
definitions and grant conditions in section 40002 of the 
Violence Against Women Act of 1994 (42 U.S.C. 13925) shall 
apply.

           *       *       *       *       *       *       *


SEC. 14045A. ENHANCING CULTURALLY [AND LINGUISTICALLY] SPECIFIC 
                    SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                    VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    (a) Establishment
          (1) In general.--Of the amounts appropriated under 
        certain grant programs identified in paragraph (a)(2) 
        of this Section, the Attorney General, through the 
        Director of the Violence Against Women Office (referred 
        to in this section as the ``Director''), shall take 5 
        percent of such appropriated amounts and combine them 
        to establish a new grant program to enhance culturally 
        [and linguistically] specific services for victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking. Grants made under this new program shall be 
        administered by the Director. The requirements of the 
        grant programs identified in paragraph (2) shall not 
        apply to this new grant program.
          [(2) Programs covered.--The programs covered by 
        paragraph (1) are the programs carried out under the 
        following provisions:
                  [(A) Section 3796hh of this title, Grants to 
                Encourage Arrest Policies.
                  [(B) Section 3796gg-6 of this title, Legal 
                Assistance for Victims.
                  [(C) Section 13971 of this title, Rural 
                Domestic Violence and Child Abuser Enforcement 
                Assistance.
                  [(D) Section ___ of the Violence Against 
                Women Act of 1994 (42 U.S.C. ___), Older 
                Battered Women.
                  [(E) Section ___ of the Violence Against 
                Women Act of 2000 (42 U.S.C. ___), Disabled 
                Women Program.
          (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).
    (b) Purpose of Program and Grants.--
          (1) General program purpose.--The purpose of the 
        program required by this section is to promote:
                  (A) The maintenance and replication of 
                existing successful services in domestic 
                violence, dating violence, sexual assault, and 
                stalking community-based programs providing 
                culturally [and linguistically] specific 
                services and other resources.
                  (B) The development of innovative culturally 
                [and linguistically] specific strategies and 
                projects to enhance access to services and 
                resources for victims of domestic violence, 
                dating violence, sexual assault, and stalking 
                who face obstacles to using more traditional 
                services and resources.
          (2) Purposes for which grants may be used.--The 
        Director shall make grants to community-based programs 
        for the purpose of enhancing culturally [and 
        linguistically] specific services for victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking. Grants under the program shall support 
        community-based efforts to address distinctive cultural 
        [and linguistic] responses to domestic violence, dating 
        violence, sexual assault, and stalking, including--
                  (A) working with State and local governments 
                and social service agencies to develop and 
                enhance effective strategies to provide 
                culturally [and linguistically] specific 
                services to victims of domestic violence, 
                dating violence, sexual assault, and stalking;
                  (B) increasing communities' capacity to 
                provide culturally [and linguistically] 
                specific resources and support for victims of 
                domestic violence, dating violence, sexual 
                assault, and stalking crimes and their 
                families;
                  (C) strengthening criminal justice 
                interventions, by providing training for law 
                enforcement, prosecution, courts, probation, 
                and correctional facilities on culturally [and 
                linguistically] specific responses to domestic 
                violence, dating violence, sexual assault, and 
                stalking;
                  (D) enhancing traditional services to victims 
                of domestic violence, dating violence, sexual 
                assault, and stalking through the leadership of 
                culturally [and linguistically] specific 
                programs offering services to victims of 
                domestic violence, dating violence, sexual 
                assault, and stalking;
                  (E) working in cooperation with the community 
                to develop education and prevention strategies 
                highlighting culturally [and linguistically] 
                specific issues and resources regarding victims 
                of domestic violence, dating violence, sexual 
                assault, and stalking;
                  (F) providing culturally [and linguistically] 
                specific programs for children exposed to 
                domestic violence, dating violence, sexual 
                assault, and stalking;
                  (G) providing culturally [and linguistically] 
                specific resources and services that address 
                the safety, economic, housing, and workplace 
                needs of victims of domestic violence, dating 
                violence, sexual assault, or stalking, 
                including emergency assistance; or
                  (H) examining the dynamics of culture and its 
                impact on victimization and healing.
          (3) Technical assistance and training.--The Director 
        shall provide technical assistance and training to 
        grantees of this and other programs under this Act 
        regarding the development and provision of effective 
        culturally [and linguistically] specific community-
        based services by entering into cooperative agreements 
        or contracts with an organization or organizations 
        having a demonstrated expertise in and whose primary 
        purpose is addressing the development and provision of 
        culturally [and linguistically] specific community-
        based services to victims of domestic violence, dating 
        violence, sexual assault, and stalking.
    (c) Eligible Entities.--Eligible entities for grants under 
this Section include--
          (1) community-based programs whose primary purpose is 
        providing culturally [and linguistically] specific 
        services to victims of domestic violence, dating 
        violence, sexual assault, and stalking; and
          (2) community-based programs whose primary purpose is 
        providing culturally [and linguistically] specific 
        services who can partner with a program having 
        demonstrated expertise in serving victims of domestic 
        violence, dating violence, sexual assault, and 
        stalking.
    (d) Reporting.--The Director shall issue a biennial report 
on the distribution of funding under this section, the progress 
made in replicating and supporting increased services to 
victims of domestic violence, dating violence, sexual assault, 
and stalking who face obstacles to using more traditional 
services and resources, and the types of culturally [and 
linguistically] accessible programs, strategies, technical 
assistance, and training developed or enhanced through this 
program.
    (e) Grant Period.--The Director shall award grants for a 2-
year period, with a possible extension of another 2 years to 
implement projects under the grant.
    (f) Evaluation.--The Director shall award a contract or 
cooperative agreement to evaluate programs under this section 
to an entity with the demonstrated expertise in and primary 
goal of providing enhanced cultural [and linguistic] access to 
services and resources for victims of domestic violence, dating 
violence, sexual assault, and stalking who face obstacles to 
using more traditional services and resources.
    (g) Non-Exclusivity.--Nothing in this Section shall be 
interpreted to exclude [linguistic and] culturally specific 
community-based programs from applying to other grant programs 
authorized under this Act.
    (h) Definitions and Grant Conditions.--In this section the 
definitions and grant conditions in section 13925 of this title 
shall apply.

           *       *       *       *       *       *       *


SEC. 14045B. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

    (a) Grants Authorized.--
          (1) In general.--The Attorney General is authorized 
        to make grants to institutions of higher education, for 
        use by such institutions or consortia consisting of 
        campus personnel, student organizations, campus 
        administrators, security personnel, and regional crisis 
        centers affiliated with the institution, to develop and 
        strengthen effective security and investigation 
        strategies to combat domestic violence, dating 
        violence, sexual assault, [and stalking on campuses, 
        and] stalking on campuses, to develop and strengthen 
        victim services in cases involving such [crimes against 
        women on] crimes on campuses, which may include 
        partnerships with local criminal justice authorities 
        and community-based victim services agencies, and to 
        develop and strengthen prevention education and 
        awareness programs.
          (2) Award basis.--The Attorney General shall award 
        grants and contracts under this section on a 
        competitive basis for a period of 3 years. The Attorney 
        General, through the Director of the Office on Violence 
        Against Women, shall award the grants in amounts of not 
        more than [$500,000] $300,000 for individual 
        institutions of higher education and not more than 
        $1,000,000 for consortia of such institutions.
          (3) Equitable participation.--The Attorney General 
        shall make every effort to ensure--
                  (A) the equitable participation of private 
                and public institutions of higher education in 
                the activities assisted under this section;
                  (B) the equitable geographic distribution of 
                grants under this section among the various 
                regions of the United States; and
                  (C) the equitable distribution of grants 
                under this section to tribal colleges and 
                universities and traditionally black colleges 
                and universities.
    (b) Use of Grant Funds.--Grant funds awarded under this 
section may be used for the following purposes:
          (1) To provide personnel, training, technical 
        assistance, data collection, and other equipment with 
        respect to the increased apprehension, investigation, 
        and adjudication of persons committing domestic 
        violence, dating violence, sexual assault, and stalking 
        on campus.
          (2) To develop, strengthen, and implement campus 
        policies, protocols, and services that more effectively 
        identify and respond to the crimes of domestic 
        violence, dating violence, sexual assault and stalking, 
        including the use of technology to commit these crimes, 
        and to train campus administrators, campus security 
        personnel, and personnel serving on campus disciplinary 
        or judicial boards on such policies, protocols, and 
        services. Within 90 days after January 5, 2006, the 
        Attorney General shall issue and make available minimum 
        standards of training relating to domestic violence, 
        dating violence, sexual assault, and stalking on 
        campus, for all campus security personnel and personnel 
        serving on campus disciplinary or judicial boards.
          (3) To implement and operate education programs for 
        the prevention of domestic violence, dating violence, 
        sexual assault, and stalking.
          (4) To develop, enlarge, or strengthen victim 
        services programs and population specific services on 
        the campuses of the institutions involved, including 
        programs providing legal, medical, or psychological 
        counseling, for victims of domestic violence, dating 
        violence, sexual assault, and stalking, and to improve 
        delivery of victim assistance on campus. To the extent 
        practicable, such an institution shall collaborate with 
        any [entities carrying out nonprofit and other victim 
        services programs, including domestic violence, dating 
        violence, sexual assault, and stalking victim services 
        programs] victim service providers in the community in 
        which the institution is located. If appropriate victim 
        services programs are not available in the community or 
        are not accessible to students, the institution shall, 
        to the extent practicable, provide a victim services 
        program on campus or create a victim services program 
        in collaboration with a community-based organization. 
        The institution shall use not less than 20 percent of 
        the funds made available through the grant for a victim 
        services program provided in accordance with this 
        paragraph, regardless of whether the services are 
        provided by the institution or in coordination with 
        community victim service providers.
          (5) To create, disseminate, or otherwise provide 
        assistance and information about victims' options on 
        and off campus to bring disciplinary or other legal 
        action, including assistance to victims in immigration 
        matters.
          (6) To develop, install, or expand data collection 
        and communication systems, including computerized 
        systems, linking campus security to the local law 
        enforcement for the purpose of identifying and tracking 
        arrests, protection orders, violations of protection 
        orders, prosecutions, and convictions with respect to 
        the crimes of domestic violence, dating violence, 
        sexual assault, and stalking on campus.
          (7) To provide capital improvements (including 
        improved lighting and communications facilities but not 
        including the construction of buildings) on campuses to 
        address the crimes of domestic violence, dating 
        violence, sexual assault, and stalking.
          (8) To support improved coordination among campus 
        administrators, campus security personnel, and local 
        law enforcement to reduce domestic violence, dating 
        violence, sexual assault, and stalking on campus.
          (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.
    (c) Applications.--
          (1) In general.--In order to be eligible to be 
        awarded a grant under this section for any fiscal year, 
        an institution of higher education shall submit an 
        application to the Attorney General at such time and in 
        such manner as the Attorney General shall prescribe.
          (2) Contents.--Each application submitted under 
        paragraph (1) shall--
                  (A) describe the need for grant funds and the 
                plan for implementation for any of the purposes 
                described in subsection (b);
                  (B) include proof that the institution of 
                higher education collaborated with [any non-
                profit, nongovernmental entities carrying out 
                other victim services programs] victim service 
                providers, including domestic violence, dating 
                violence, sexual assault, and stalking victim 
                services programs in the community in which the 
                institution is located;
                  (C) describe the characteristics of the 
                population being served, including type of 
                campus, demographics of the population, and 
                number of students;
                  (D) describe how underserved populations in 
                the campus community will be adequately served, 
                including the provision of relevant population 
                specific services;
                  [(D)] (E) provide measurable goals and 
                expected results from the use of the grant 
                funds;
                  [(E)] (F) provide assurances that the Federal 
                funds made available under this section shall 
                be used to supplement and, to the extent 
                practical, increase the level of funds that 
                would, in the absence of Federal funds, be made 
                available by the institution for the purposes 
                described in subsection (b); and
                  [(F)] (G) include such other information and 
                assurances as the Attorney General reasonably 
                determines to be necessary.
          (3) Compliance with campus crime reporting 
        required.--No institution of higher education shall be 
        eligible for a grant under this section unless such 
        institution is in compliance with the requirements of 
        section 1092(f) of Title 20. Up to $200,000 of the 
        total amount of grant funds appropriated under this 
        section for fiscal years [2007 through 2011] 2012 
        through 2016 may be used to provide technical 
        assistance in complying with the mandatory reporting 
        requirements of section 1092(f) of title 20.
    (d) General Terms and Conditions.--
          (1) Nonmonetary assistance.--In addition to the 
        assistance provided under this section, the Attorney 
        General may request any Federal agency to use the 
        agency's authorities and the resources granted to the 
        agency under Federal law (including personnel, 
        equipment, supplies, facilities, and managerial, 
        technical, and advisory services) in support of campus 
        security, and investigation and victim service efforts.
          (2) Grantee reporting.--
                  (A) Annual report.--Each institution of 
                higher education receiving a grant under this 
                section shall submit a performance report to 
                the Attorney General. The Attorney General 
                shall suspend funding under this section for an 
                institution of higher education if the 
                institution fails to submit such a report.
                  (B) Final report.--Upon completion of the 
                grant period under this section, the 
                institution shall file a performance report 
                with the Attorney General and the Secretary of 
                Education explaining the activities carried out 
                under this section together with an assessment 
                of the effectiveness of those activities in 
                achieving the purposes described in subsection 
                (b).
          (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.
          [(3)] (4) Report to congress.--Not later than 180 
        days after the end of the fiscal year for which grants 
        are awarded under this section, the Attorney General 
        shall submit to Congress a report that includes--
                  (A) the number of grants, and the amount of 
                funds, distributed under this section;
                  (B) a summary of the purposes for which the 
                grants were provided and an evaluation of the 
                progress made under the grant;
                  (C) a statistical summary of the persons 
                served, detailing the nature of victimization, 
                and providing data on age, sex, race, 
                ethnicity, language, disability, relationship 
                to offender, geographic distribution, and type 
                of campus; and
                  (D) an evaluation of the effectiveness of 
                programs funded under this part.
    (e) Authorization of Appropriations.--For the purpose of 
carrying out this section, [there are authorized to be 
appropriated $12,000,000 for fiscal year 2007 and $15,000,000 
for each of fiscal years 2008 through 2011.] there is 
authorized to be appropriated $12,000,000 for each of fiscal 
years 2012 through 2016.

SEC. 14045C. PUBLIC AWARENESS CAMPAIGN.

    [(a) In General.--The Attorney General, acting through the 
Office on Violence Against Women, shall make grants to States 
for carrying out a campaign to increase public awareness of 
issues regarding domestic violence against pregnant women.
    [(b) Authorization of Appropriations.--For the purpose of 
carrying out this section, there are authorized to be 
appropriated such sums as may be necessary for each of the 
fiscal years 2006 through 2010.]

SEC. 14045D. CONSULTATION.

    (a) In General.--The Attorney General shall conduct annual 
consultations with Indian tribal governments concerning the 
Federal administration of tribal funds and programs established 
under this Act, the Violence Against Women Act of 1994 (title 
IV of Public Law 103-322; 108 Stat. 1902) [and the Violence 
Against Women Act of 2000], the Violence Against Women Act of 
2000 (division B of Public Law 106-386; 114 Stat. 1491), and 
the Violence Against Women Reauthorization Act of 2011.
    (b) Recommendations.--During consultations under subsection 
(a) of this section, the [Secretary of the Department of Health 
and Human Services] Secretary of Health and Human Services, the 
Secretary of the Interior, and the Attorney General shall 
solicit recommendations from Indian tribes concerning--
          (1) administering tribal funds and programs;
          (2) enhancing the safety of Indian women from 
        domestic violence, dating violence, sexual assault, 
        [and stalking] stalking, and sex trafficking; and
          (3) strengthening the Federal response to such 
        violent crimes.
    (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.

           *       *       *       *       *       *       *


CHAPTER 147--PRISON RAPE ELIMINATION

           *       *       *       *       *       *       *



SEC. 15607. ADOPTION AND EFFECT OF NATIONAL STANDARDS

    (a) Publication of Proposed Standards.--
          (1) Final rule.--Not later than 1 year after 
        receiving the report specified in section 15606(d)(3) 
        of this title, the Attorney General shall publish a 
        final rule adopting national standards for the 
        detection, prevention, reduction, and punishment of 
        prison rape.
          (2) Independent judgment.--The standards referred to 
        in paragraph (1) shall be based upon the independent 
        judgment of the Attorney General, after giving due 
        consideration to the recommended national standards 
        provided by the Commission under section 15606(e) of 
        this title, and being informed by such data, opinions, 
        and proposals that the Attorney General determines to 
        be appropriate to consider.
          (3) Limitation.--The Attorney General shall not 
        establish a national standard under this section that 
        would impose substantial additional costs compared to 
        the costs presently expended by Federal, State, and 
        local prison authorities. The Attorney General may, 
        however, provide a list of improvements for 
        consideration by correctional facilities.
          (4) Transmission to states.--Within 90 days of 
        publishing the final rule under paragraph (1), the 
        Attorney General shall transmit the national standards 
        adopted under such paragraph to the chief executive of 
        each State, the head of the department of corrections 
        of each State, and to the appropriate authorities in 
        those units of local government who oversee operations 
        in one or more prisons.
    (b) Applicability to Federal Bureau of Prisons.--The 
national standards referred to in subsection (a) of this 
section shall apply to the Federal Bureau of Prisons 
immediately upon adoption of the final rule under subsection 
(a)(4) of this section.
    (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).
    [(c)] (e) Eligibility for Federal Funds.--
          (1) Covered programs.--
                  (A) In general.--For purposes of this 
                subsection, a grant program is covered by this 
                subsection if, and only if--
                          (i) the program is carried out by or 
                        under the authority of the Attorney 
                        General; and
                          (ii) the program may provide amounts 
                        to States for prison purposes.
                  (B) List.--For each fiscal year, the Attorney 
                General shall prepare a list identifying each 
                program that meets the criteria of subparagraph 
                (A) and provide that list to each State.
          (2) Adoption of national standards.--For each fiscal 
        year, any amount that a State would otherwise receive 
        for prison purposes for that fiscal year under a grant 
        program covered by this subsection shall be reduced by 
        5 percent, unless the chief executive of the State 
        submits to the Attorney General--
                  (A) a certification that the State has 
                adopted, and is in full compliance with, the 
                national standards described in subsec. (a) of 
                this section; or
                  (B) an assurance that not less than 5 percent 
                of such amount shall be used only for the 
                purpose of enabling the State to adopt, and 
                achieve full compliance with, those national 
                standards, so as to ensure that a certification 
                under subparagraph (A) may be submitted in 
                future years.
          (3) Report on noncompliance.--Not later than 
        September 30 of each year, the Attorney General shall 
        publish a report listing each grantee that is not in 
        compliance with the national standards adopted pursuant 
        to subsec. (a) of this section.
          (4) Cooperation with survey.--For each fiscal year, 
        any amount that a State receives for that fiscal year 
        under a grant program covered by this subsection shall 
        not be used for prison purposes (and shall be returned 
        to the grant program if no other authorized use is 
        available), unless the chief executive of the State 
        submits to the Attorney General a certification that 
        neither the State, nor any political subdivision or 
        unit of local government within the State, is listed in 
        a report issued by the Attorney General pursuant to 
        section 15603(c)(2)(C) of this title.
          (5) Redistribution of amounts.--Amounts under a grant 
        program not granted by reason of a reduction under 
        paragraph (2), or returned by reason of the prohibition 
        in paragraph (4), shall be granted to one or more 
        entities not subject to such reduction or such 
        prohibition, subject to the other laws governing that 
        program.
          (6) Implementation.--The Attorney General shall 
        establish procedures to implement this subsection, 
        including procedures for effectively applying this 
        subsection to discretionary grant programs.
          (7) Effective date.--
                  (A) Requirement of adoption of standards.--
                The first grants to which paragraph (2) applies 
                are grants for the second fiscal year beginning 
                after the date on which the national standards 
                under subsec. (a) are finalized.
                  (B) Requirement for cooperation.--The first 
                grants to which paragraph (4) applies are 
                grants for the fiscal year beginning after 
                September 4, 2003.

           *       *       *       *       *       *       *


TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIO TELEGRAPHS

           *       *       *       *       *       *       *


CHAPTER 5--WIRE OR RADIO COMMUNICATION

           *       *       *       *       *       *       *



Subchapter II--Common Carriers

           *       *       *       *       *       *       *



PART I--COMMON CARRIER REGULATION

           *       *       *       *       *       *       *



SEC. 223. OBSCENE OR HARASSING TELEPHONE CALLS IN THE DISTRICT OF 
                    COLUMBIA OR IN INTERSTATE OR FOREIGN 
                    COMMUNICATIONS.

    (a) Prohibited Acts Generally.--Whoever--
          (1) In interstate or foreign communications--
                  (A) by means of a telecommunications device 
                knowingly--
                          (i) makes, creates, or solicits, and
                          (ii) initiates the transmission of,
                any comment, request, suggestion, proposal, 
                image, or other communication which is obscene 
                or child pornography, with intent to [annoy,] 
                abuse, threaten, or harass another person;
                  (B) by means of a telecommunications device 
                knowingly--
                          (i) makes, creates, or solicits, and
                          (ii) initiates the transmission of,
                any comment, request, suggestion, proposal, 
                image, or other communication which is obscene 
                or child pornography, knowing that the 
                recipient of the communication is under 18 
                years of age, regardless of whether the maker 
                of such communication placed the call or 
                initiated the communication;
                  (C) makes a telephone call or utilizes a 
                telecommunications device, whether or not 
                conversation or communication ensues, without 
                disclosing his identity and with intent to 
                [annoy,] abuse, threaten, or [harass any person 
                at the called number or who receives the 
                communications] harass any specific person;
                  (D) makes or causes the telephone of another 
                repeatedly or continuously to ring, with intent 
                to harass any person at the called number; or
                  (E) makes repeated telephone calls or 
                repeatedly initiates communication with a 
                telecommunications device, during which 
                conversation or communication ensues, solely to 
                [harass any person at the called number or who 
                receives the communication] harass any specific 
                person; or
          (2) knowingly permits any telecommunications facility 
        under his control to be used for any activity 
        prohibited by paragraph (1) with the intent that it be 
        used for such activity,
shall be fined under Title 18 or imprisoned not more than two 
years, or both.

           *       *       *       *       *       *       *


TITLE 48--TERRITORIES AND INSULAR POSSESSIONS

           *       *       *       *       *       *       *


CHAPTER 17--NORTHERN MARIANA ISLANDS

           *       *       *       *       *       *       *



Subchapter I--Approval and Supplemental Provisions

           *       *       *       *       *       *       *



SEC. 1806. IMMIGRATION AND TRANSITION.

           *       *       *       *       *       *       *


    Note.
    (c) Construction.--Nothing in this subtitle or the 
amendments made by this subtitle [Pub.L. 110-229, Title VII, 
Subtitle A (Sec. Sec. 701 to 705), May 8, 2008, 122 Stat. 853 
to 867, which enacted this section and 48 U.S.C.A. 
Sec. Sec. 1807 and 1808, amended 8 U.S.C.A. Sec. Sec. 1101, 
1158, 1182, 1184, 1225, and 48 U.S.C.A. Sec. 1804, and enacted 
provisions set out as notes under this section, 8 U.S.C.A 
Sec. 1182 and 48 U.S.C.A. Sec. 1801 and amended provisions set 
out as a note under 48 U.S.C.A. Sec. 1801] shall be construed 
to make any residence or presence in the Commonwealth before 
the transition program effective date described in section 6 of 
Public Law 94-241 (as added by section 702(a)) [this section] 
residence or presence in the United States, [except that, for 
the purpose only 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 the date of enactment of this 
Act [May 8, 2008] shall be considered to be presence in the 
United States.] 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.

        
        
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