Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696585033931.pdf (United States)
112TH CONGRESS 2D SESSION S. 1925 AN ACT To reauthorize the Violence Against Women Act of 1994.

1 2 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, SECTION 1.

SHORT TITLE.

2 This Act may be cited as the ‘‘Violence Against Women Reauthorization Act of 2012’’.

SEC.

2.

TABLE OF CONTENTS.

The table of contents for this Act is as follows: Sec.

1.

Short title.

Sec.

2.

Table of contents.

Sec.

3.


Universal definitions and grant conditions.

Sec.

4.

Effective date.

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN Sec.

101.

Stop grants.

Sec.

102.

Grants to encourage arrest policies and enforcement of protection or- ders.

Sec.

103.

Legal assistance for victims.

Sec.

104.

Consolidation of grants to support families in the justice system.

Sec.

105.

Sex offender management.

Sec.

106.


Court-appointed special advocate program.

Sec.

107.

Criminal provision relating to stalking, including cyberstalking.

Sec.

108.

Outreach and services to underserved populations grant.

Sec.

109.

Culturally specific services grant.

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec.

201.

Sexual assault services program.

Sec.

202.


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

Sec.

203.

Training and services to end violence against women with disabilities grants.

Sec.

204.

Enhanced training and services to end abuse in later life.

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE Sec.

301.

Rape prevention and education grant.

Sec.

302.


Creating hope through outreach, options, services, and education for children and youth.

Sec.

303.

Grants to combat violent crimes on campuses.

Sec.

304.

Campus sexual violence, domestic violence, dating violence, and stalk- ing education and prevention.

TITLE IV—VIOLENCE REDUCTION PRACTICES Sec.

401.

Study conducted by the Centers for Disease Control and Prevention.

† S 1925 ES 3 Sec.

402.


Saving money and reducing tragedies through prevention grants.

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RE- SPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec.

501.

Consolidation of grants to strengthen the healthcare system’s re- sponse to domestic violence, dating violence, sexual assault, and stalking.

TITLE VI—SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING Sec.

601.
601.

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

Sec.

602.

Transitional housing assistance grants for victims of domestic vio- lence, dating violence, sexual assault, and stalking.

Sec.

603.

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

TITLE VII—ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE Sec.

701.
701.

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

TITLE VIII—PROTECTION OF BATTERED IMMIGRANTS Sec.

801.

U nonimmigrant definition.

Sec.

802.

Annual report on immigration applications made by victims of abuse.

Sec.

803.

Protection for children of VAWA self-petitioners.

Sec.

804.

Public charge.

Sec.

805.

Requirements applicable to U visas.

Sec.

806.

Hardship waivers.

Sec.

807.

Protections for a fiance´e or fiance´ of a citizen.

Sec.
Sec.

808.

Regulation of international marriage brokers.

Sec.

809.

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

Sec.

810.

Diversity immigrant visa petition fee.

Sec.

811.

Budgetary effects.

Sec.

812.

Disclosure of information for national security purposes.

TITLE IX—SAFETY FOR INDIAN WOMEN Sec.

901.

Grants to Indian tribal governments.

Sec.

902.

Grants to Indian tribal coalitions.

Sec.

903.

Consultation.

Sec.

904.


Tribal jurisdiction over crimes of domestic violence.

Sec.

905.

Tribal protection orders.

Sec.

906.

Amendments to the Federal assault statute.

Sec.

907.

Analysis and research on violence against Indian women.

Sec.

908.

Effective dates; pilot project.

Sec.

909.

Indian law and order commission; Report on the Alaska Rural Jus- tice and Law Enforcement Commission.

Sec.

910.

Limitation.

TITLE X—OTHER MATTERS Sec.

1001.


Criminal provisions relating to sexual abuse.

† S 1925 ES 4 Sec.

1002.

Sexual abuse in custodial settings.

Sec.

1003.

Anonymous online harassment.

Sec.

1004.

Stalker database.

Sec.

1005.

Federal victim assistants reauthorization.

Sec.

1006.

Child abuse training programs for judicial personnel and practi- tioners reauthorization.

Sec.

1007.

Mandatory minimum sentence.

Sec.

1008.

Removal of drunk drivers.

SEC.

3.


UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.

(a) DEFINITIONS.—Subsection (a) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)) is amended— (1) by redesignating— (A) paragraph (1) as paragraph (2); (B) paragraph (2) as paragraph (3); (C) paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (D) paragraphs (6) through (9) as para- graphs (8) through (11), respectively; (E) paragraphs (10) through (16) as para- graphs (13) through (19), respectively; (F) paragraph (18) as paragraph (20); (G) paragraphs (19) and (20) as para- graphs (23) and (24), respectively; (H) paragraphs (21) through (23) as para- graphs (26) through (28), respectively; (I) paragraphs (24) through (33) as para- graphs (30) through (39), respectively; † S 1925 ES (J) paragraphs (34) and (35) as para- graphs (43) and (44); and (K) paragraph (37) as paragraph (45); (2) by inserting before paragraph (2), as redes- ignated, the following: ‘‘(1) ALASKA NATIVE VILLAGE.—The term ‘Alaska Native village’ has the same meaning given such term in the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.
).’’; (3) in paragraph (3), as redesignated, by strik- ing ‘‘serious harm.’’ and inserting ‘‘serious harm to an unemancipated minor.’’; (4) in paragraph (4), as redesignated, by strik- ing ‘‘The term’’ through ‘‘that—’’ and inserting ‘‘The term ‘community-based organization’ means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that— ’’; (5) by striking paragraph (5), as in effect be- fore the amendments made by this subsection; (6) by inserting after paragraph (7), as redesig- nated, the following: ‘‘(6) CULTURALLY SPECIFIC SERVICES.—The term ‘culturally specific services’ means community- based services that include culturally relevant and † S 1925 ES linguistically specific services and resources to cul- turally specific communities.
‘‘(7) CULTURALLY SPECIFIC.—The term ‘cul- turally specific’ means primarily directed toward ra- cial and ethnic minority groups (as defined in sec- tion 1707(g) of the Public Health Service Act (42 U.S.C.

300u–6(g)).’’; (7) in paragraph (8), as redesignated, by insert- ing ‘‘or intimate partner’’ after ‘‘former spouse’’ and ‘‘as a spouse’’; (8) by inserting after paragraph (11), as redes- ignated, the following: ‘‘(12) HOMELESS.—The term ‘homeless’ has the meaning provided in 42 U.S.C.
14043e–2(6).’’; (9) in paragraph (18), as redesignated, by in- serting ‘‘or Village Public Safety Officers’’ after ‘‘government victim service programs; (10) in paragraph (21), as redesignated, by in- serting at the end the following: ‘‘Intake or referral, by itself, does not constitute legal assistance.’’; (11) by striking paragraph (17), as in effect be- fore the amendments made by this subsection; (12) by amending paragraph (20), as redesig- nated, to read as follows: † S 1925 ES ‘‘(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, regard- less of whether the information is encoded, encrypted, hashed, or otherwise protected, includ- ing— ‘‘(A) a first and last name; ‘‘(B) a home or other physical address; ‘‘(C) contact information (including a post- al, e-mail or Internet protocol address, or tele- phone or facsimile number); ‘‘(D) a social security number, driver li- cense number, passport number, or student identification number; and ‘‘(E) any other information, including date of birth, racial or ethnic background, or reli- gious affiliation, that would serve to identify any individual.’’; (13) by inserting after paragraph (20), as re- designated, the following: † S 1925 ES ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— The term ‘population specific organization’ means a nonprofit, nongovernmental organization that pri- marily serves members of a specific underserved population and has demonstrated experience and ex- pertise providing targeted services to members of that specific underserved population.
‘‘(22) POPULATION SPECIFIC SERVICES.—The term ‘population specific services’ means victim-cen- tered services that address the safety, health, eco- nomic, legal, housing, workplace, immigration, con- fidentiality, or other needs of victims of domestic vi- olence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.’’; (14) in paragraph (23), as redesignated, by striking ‘‘services’’ and inserting ‘‘assistance’’; (15) by inserting after paragraph (24), as re- designated, the following: ‘‘(25) RAPE CRISIS CENTER.—The term ‘rape crisis center’ means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides interven- tion and related assistance, as specified in 42 U.S.C.
14043g(b)(2)(C), to victims of sexual assault with- † S 1925 ES out regard to their age.
In the case of a govern- mental entity, the entity may not be part of the criminal justice system (such as a law enforcement agency) and must be able to offer a comparable level of confidentiality as a nonprofit entity that provides similar victim services.’’; (16) in paragraph (26), as redesignated— (A) in subparagraph (A), by striking ‘‘or’’ after the semicolon; (B) in subparagraph (B), by striking the period and inserting ‘‘; or’’; and (C) by inserting at the end the following: ‘‘(C) any federally recognized Indian tribe.’’; (17) in paragraph (27), as redesignated— (A) by striking ‘‘52’’ and inserting ‘‘57’’; and (B) by striking ‘‘150,000’’ and inserting ‘‘250,000’’; (18) by striking paragraph (28), as redesig- nated, and inserting the following: ‘‘(28) SEXUAL ASSAULT.—The term ‘sexual as- sault’ means any nonconsensual sexual act pro- scribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.’’; † S 1925 ES (19) by inserting after paragraph (28), as re- designated, the following: ‘‘(29) SEX TRAFFICKING.—The term ‘sex traf- ficking’ means any conduct proscribed by 18 U.S.C.
1591, whether or not the conduct occurs in inter- state or foreign commerce or within the special mar- itime and territorial jurisdiction of the United States.’’; (20) by striking paragraph (35), as redesig- nated, and inserting the following: ‘‘(35) TRIBAL COALITION.—The term ‘tribal co- alition’ means an established nonprofit, nongovern- mental Indian organization, Alaska Native organiza- tion, or a Native Hawaiian organization that— ‘‘(A) provides education, support, and tech- nical assistance to member Indian service pro- viders 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— † S 1925 ES ‘‘(i) the member service providers de- scribed in subparagraph (A); and ‘‘(ii) the tribal communities in which the services are being provided;’’; (21) by amending paragraph (39), as redesig- nated, to read as follows: ‘‘(39) UNDERSERVED POPULATIONS.—The term ‘underserved populations’ means populations who face barriers in accessing and using victim serv- ices, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic popu- lations, 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 Gen- eral or by the Secretary of Health and Human Serv- ices, as appropriate.’’; (22) by inserting after paragraph (39), as re- designated, the following: ‘‘(40) UNIT OF LOCAL GOVERNMENT.—The term ‘unit of local government’ means any city, county, township, town, borough, parish, village, or other general purpose political
 subdivision of a State.’’; † S 1925 ES (23) by striking paragraph (36), as in effect be- fore the amendments made by this subsection, and inserting the following: ‘‘(41) VICTIM SERVICES OR SERVICES.—The terms ‘victim services’ and ‘services’ means services provided to victims of domestic violence, dating vio- lence, sexual assault, or stalking, including tele- phonic or web-based hotlines, legal advocacy, eco- nomic 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 refer- rals, culturally specific services, population specific services, and other related supportive services.
‘‘(42) VICTIM SERVICE PROVIDER.—The term ‘victim service provider’ means a nonprofit, non- governmental or tribal organization or rape crisis center, including a State or tribal coalition, that as- sists or advocates for domestic violence, dating vio- lence, 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, dat- ing violence, sexual assault, or stalking.’’; and † S 1925 ES 13 (24) by striking paragraph (43), as redesig- nated, and inserting the following: ‘‘(43) YOUTH.—The term ‘youth’ means a per- son who is 11 to 24 years old.’’.
(b) GRANTS CONDITIONS.—Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C.
13925(b)) is amended— (1) in paragraph (2)— (A) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: ‘‘(i) disclose, reveal, or release any personally identifying information or indi- vidual information collected in connection with services requested, utilized, or denied through grantees’ and subgrantees’ pro- grams, regardless of whether the informa- tion has been encoded, encrypted, hashed, or otherwise protected; or ‘‘(ii) disclose, reveal, or release indi- vidual client information without the in- formed, 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) † S 1925 ES about whom information is sought, wheth- er 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, incapaci- tated person, or the abuser of the other parent of the minor.
If a minor or a person with a legally appointed guardian is permitted by law to receive services without the parent’s or guardian’s consent, the minor or person with a guardian may release information without additional consent.’’; (B) by amending subparagraph (D), to read as follows: ‘‘(D) INFORMATION SHARING.— ‘‘(i) Grantees and subgrantees may share— ‘‘(I) nonpersonally identifying data in the aggregate regarding serv- ices to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection require- ments; † S 1925 ES 15 ‘‘(II) court-generated information and law enforcement-generated infor- mation contained in secure, govern- mental 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 vic- tim of domestic violence, dating vio- lence, sexual assault, or stalking be required to provide a consent to re- lease his or her personally identifying information as a condition of eligi- bility 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 collec- tion requirements, whether for this program or any other Federal, tribal, or State grant program.’’; † S 1925 ES (C) by redesignating subparagraph (E) as subparagraph (F); (D) by inserting after subparagraph (D) the following: ‘‘(E) STATUTORILY MANDATED REPORTS OF ABUSE OR NEGLECT.—Nothing in this sec- tion prohibits a grantee or subgrantee from re- porting suspected abuse or neglect, as those terms are defined and specifically mandated by the State or tribe involved.’’; and (E) by inserting after subparagraph (F), as redesignated, the following: ‘‘(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES.—Grantees and subgrantees must document their compliance with the confiden- tiality and privacy provisions required under this section.’’; (2) by striking paragraph (3) and inserting the following: ‘‘(3) APPROVED ACTIVITIES.—In carrying out the activities under this title, grantees and sub- grantees may collaborate with or provide information to Federal, State, local, tribal, and territorial public officials and agencies to develop and implement poli- cies and develop and promote State, local, or tribal † S 1925 ES legislation or model codes designed to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking.’’; (3) in paragraph (7), by inserting at the end the following: ‘‘Final reports of such evaluations shall be made available to the
 public via the agency’s website.’’; and (4) by inserting after paragraph (11) the fol- lowing: ‘‘(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 Vi- olence 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 ori- gin, sex, gender identity (as defined in para- graph 249(c)(4) of title 18, United States Code), sexual orientation, or disability, be ex- cluded from participation in, be denied the ben- efits of, or be subjected to discrimination under † S 1925 ES any program or activity funded in whole or in part with funds made available under the Vio- lence Against Women Act of 1994 (title IV of Public Law 103–322; 108 Stat.
1902), the Vio- lence 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 Vio- lence 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 as- sistance administered by the Office on Violence Against Women.
‘‘(B) EXCEPTION.—If sex segregation or sex-specific programming is necessary to the es- sential 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-spe- cific programming.
† S 1925 ES ‘‘(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, inter- preted, or applied to supplant, displace, pre- empt, 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 as- sistance under this title also include services and as- sistance to victims of domestic violence, dating vio- lence, sexual assault, or stalking who are also vic- tims of severe forms of trafficking in persons as de- fined by section 103 of the Trafficking Victims Pro- tection Act of 2000 (22 U.S.C.

7102).
7102).

‘‘(15) CONFERRAL.— ‘‘(A) IN GENERAL.—The Office on Vio- lence Against Women shall establish a biennial conferral process with State and tribal coali- tions and technical assistance providers who re- ceive funding through grants administered by † S 1925 ES the Office on Violence Against Women and au- thorized by this Act, and other key stake- holders.
‘‘(B) AREAS COVERED.—The areas of con- ferral 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 con- ferral 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 † S 1925 ES 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 sub- ject 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 fis- cal 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 uti- lized grant funds for an unauthorized ex- penditure or otherwise unallowable cost that is not closed or resolved within 12 † S 1925 ES 22 months from the date when the final audit report is issued.
‘‘(iii) MANDATORY EXCLUSION.—A re- cipient of grant funds under this Act that is found to have an unresolved audit find- ing 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 dur- ing 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 Gen- eral Fund of the Treasury; and † S 1925 ES ‘‘(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 REQUIRE- MENTS.— ‘‘(i) DEFINITION.—For purposes of this paragraph and the grant programs de- scribed in this Act, the term ‘nonprofit or- ganization’ means an organization that is described in section 501(c)(3) of the Inter- nal 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 avoid- ing 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 † S 1925 ES 24 uses the procedures prescribed in regula- tions to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key em- ployees, shall disclose to the Attorney Gen- eral, in the application for the grant, the process for determining such compensa- tion, including the independent persons in- volved 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 infor- mation disclosed under this subsection available for public inspection.
‘‘(C) CONFERENCE EXPENDITURES.— ‘‘(i) LIMITATION.—No amounts au- thorized to be appropriated to the Depart- ment of Justice under this Act may be used by the Attorney General, or by any individual or organization awarded discre- tionary funds through a cooperative agree- ment under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, † S 1925 ES unless the Deputy Attorney General or such Assistant Attorney Generals, Direc- tors, 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 equip- ment, honoraria for speakers, and any en- tertainment.
‘‘(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 Judici- ary of the House of Representatives on all approved conference expenditures ref- erenced in this paragraph.
‘‘(D) ANNUAL CERTIFICATION.—Beginning in the first fiscal year beginning after the date of the enactment of this Act, the Attorney Gen- eral shall submit, to the Committee on the Ju- diciary and the Committee on Appropriations of † S 1925 ES 26 the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certifi- cation 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 re- cipients excluded under subparagraph (A) from the previous year.’’.
SEC.

4.

EFFECTIVE DATE.

Except as otherwise specifically provided in this Act, the provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the beginning of the fiscal year following the date of enact- ment of this Act.

† S 1925 ES 27 TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN SEC.

101.

STOP GRANTS.
101.

STOP GRANTS.

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3711 et seq.)

is amend- ed— (1) in section 1001(a)(18) (42 U.S.C.

3793(a)(18)), by striking ‘‘$225,000,000 for each of fiscal years 2007 through 2011’’ and inserting ‘‘$222,000,000 for each of fiscal years 2012 through 2016’’; (2) in section 2001(b) (42 U.S.C.
3796gg(b))— (A) in the matter preceding paragraph (1)— (i) by striking ‘‘equipment’’ and in- serting ‘‘resources’’; and (ii) by inserting ‘‘for the protection and safety of victims,’’ after ‘‘women,’’; (B) in paragraph (1), by striking ‘‘sexual assault’’ and all that follows through ‘‘dating violence’’ and inserting ‘‘domestic violence, dat- ing violence, sexual assault, and stalking, in- cluding the appropriate use of nonimmigrant † S 1925 ES 28 status under subparagraphs (T) and (U) of sec- tion 101(a)(15) of the Immigration and Nation- ality Act (8 U.S.C.
1101(a))’’; (C) in paragraph (2), by striking ‘‘sexual assault and domestic violence’’ and inserting ‘‘domestic violence, dating violence, sexual as- sault, and stalking’’; (D) in paragraph (3), by striking ‘‘sexual assault and domestic violence’’ and inserting ‘‘domestic violence, dating violence, sexual as- sault, and stalking, as well as the appropriate treatment of victims’’; (E) in paragraph (4)— (i) by striking ‘‘sexual assault and do- mestic violence’’ and inserting ‘‘domestic violence, dating violence, sexual assault, and stalking’’; and (ii) by inserting ‘‘, classifying,’’ after ‘‘identifying’’; (F) in paragraph (5)— (i) by inserting ‘‘and legal assistance’’ after ‘‘victim services’’; (ii) by striking ‘‘domestic violence and dating violence’’ and inserting ‘‘domestic † S 1925 ES 29 violence, dating violence, and stalking’’; and (iii) by striking ‘‘sexual assault and domestic violence’’ and inserting ‘‘domestic violence, dating violence, sexual assault, and stalking’’; (G) by striking paragraph (6) and redesig- nating paragraphs (7) through (14) as para- graphs (6) through (13), respectively; (H) in paragraph (6), as redesignated by subparagraph (G), by striking ‘‘sexual assault and domestic violence’’ and inserting ‘‘domestic violence, dating violence, sexual assault, and stalking’’; (I) in paragraph (7), as redesignated by subparagraph (G), by striking ‘‘and dating vio- lence’’ and inserting ‘‘dating violence, and stalking’’; (J) in paragraph (9), as redesignated by subparagraph (G), by striking ‘‘domestic vio- lence or sexual assault’’ and inserting ‘‘ domes- tic violence, dating violence, sexual assault, or stalking’’; (K) in paragraph (12), as redesignated by subparagraph (G)— † S 1925 ES 30 (i) in subparagraph (A), by striking ‘‘triage protocols to ensure that dangerous or potentially lethal cases are identified and prioritized’’ and inserting ‘‘the use of
 evidence-based indicators to assess the risk of domestic and dating violence homicide and prioritize dangerous or potentially le- thal cases’’; and (ii) by striking ‘‘and’’ at the end; (L) in paragraph (13), as redesignated by subparagraph (G)— (i) by striking ‘‘to provide’’ and in- serting ‘‘providing’’; (ii) by striking ‘‘nonprofit nongovern- mental’’; (iii) by striking the comma after ‘‘local governments’’; (iv) in the matter following subpara- graph (C), by striking ‘‘paragraph (14)’’ and inserting ‘‘paragraph (13)’’; and (v) by striking the period at the end and inserting a semicolon; and (M) by inserting after paragraph (13), as redesignated by subparagraph (G), the fol- lowing: † S 1925 ES 31 ‘‘(14) developing and promoting State, local, or tribal legislation and policies that enhance best prac- tices for responding to domestic violence, dating vio- lence, sexual assault, and stalking; ‘‘(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar co- ordinated community responses to sexual assault; ‘‘(16) developing and strengthening policies, protocols, best practices, and training for law en- forcement 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 set- tings; ‘‘(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 re- sponses targeting male and female victims of domes- tic violence, dating violence, sexual assault, or stalk- † S 1925 ES 1 2 3 4 5
sexual assault, or stalk- † S 1925 ES 32 ing, 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 pur- pose.’’; (3) in section 2007 (42 U.S.C.
3796gg–1)— (A) in subsection (a), by striking ‘‘non- profit nongovernmental victim service pro- grams’’ and inserting ‘‘victim service pro- viders’’; (B) in subsection (b)(6), by striking ‘‘(not including populations of Indian tribes)’’; (C) in subsection (c)— (i) by striking paragraph (2) and in- serting the following: ‘‘(2) grantees and subgrantees shall develop a plan for implementation and shall consult and co- ordinate with— ‘‘(A) the State sexual assault coalition; ‘‘(B) the State domestic violence coalition; † S 1925 ES 33 ‘‘(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 popu- lations; ‘‘(H) victim service providers; ‘‘(I) population specific organizations; and ‘‘(J) other entities that the State or the Attorney General identifies as needed for the planning process;’’; (ii) by redesignating paragraph (3) as paragraph (4); (iii) by inserting after paragraph (2), as amended by clause (i), the following: ‘‘(3) grantees shall coordinate the State imple- mentation 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.

1 † S 1925 ES 34 10603) and section 393A of the Public Health Serv- ice Act (42 U.S.C.
280b–1b).’’; (iv) in paragraph (4), as redesignated by clause (ii)— (I) in subparagraph (A), by strik- ing ‘‘and not less than 25 percent shall be allocated for prosecutors’’; (II) by redesignating subpara- graphs (B) and (C) as subparagraphs (C) and (D); (III) by inserting after subpara- graph (A), the following: ‘‘(B) not less than 25 percent shall be allo- cated for prosecutors;’’; and (IV) in subparagraph (D) as re- designated by subclause (II) by strik- ing ‘‘for’’ and inserting ‘‘to’’; and (v) by adding at the end the following: ‘‘(5) not later than 2 years after the date of en- actment 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, † S 1925 ES 35 alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.’’; (D) by striking subsection (d) and insert- ing the following: ‘‘(d) APPLICATION REQUIREMENTS.—An application for a grant under this section shall include— ‘‘(1) the certifications of qualification required under subsection (c); ‘‘(2) proof of compliance with the requirements for the payment of forensic medical exams and judi- cial notification, described in section 2010; ‘‘(3) proof of compliance with the requirements for paying fees and costs relating to domestic vio- lence and protection order cases, described in section 2011 of this title; ‘‘(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sex- ual assault, described in section 2013 of this title; ‘‘(5) an implementation plan required under subsection (i); and ‘‘(6) any other documentation that the Attorney General may require.’’; (E) in subsection (e)— (i) in paragraph (2)— † S 1925 ES 36 (I) in subparagraph (A), by strik- ing ‘‘domestic violence and
 sexual as- sault’’ and inserting ‘‘domestic vio- lence, dating violence, sexual assault, and stalking’’; and (II) in subparagraph (D), by striking ‘‘linguistically and’’; and (ii) by adding at the end the fol- lowing: ‘‘(3) CONDITIONS.—In disbursing grants under this part, the Attorney General may impose reason- able conditions on grant awards to ensure that the States meet statutory, regulatory, and other pro- gram requirements.’’; (F) in subsection (f), by striking the period at the end and inserting ‘‘, except that, for pur- poses of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 40002(b)(1) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(b)(1)) shall not count toward the total costs of the projects.’’; and (G) by adding at the end the following: † S 1925 ES 37 ‘‘(i) IMPLEMENTATION PLANS.—A State applying for a grant under this part shall— ‘‘(1) develop an implementation plan in con- sultation 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 pro- grams 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 lan- guage background; † S 1925 ES 38 ‘‘(D) a description of how the State will ensure that any subgrantees will consult with victim service providers during the course of de- veloping their grant applications in order to en- sure that the proposed activities are designed to promote the safety, confidentiality, and eco- nomic 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 serv- ices required under subsection (c)(4)(C); ‘‘(F) a description of how the State plans to meet the regulations issued pursuant to sub- section (e)(2); ‘‘(G) goals and objectives for reducing do- mestic 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 pur- pose under this part if— † S 1925 ES 39 ‘‘(1) funds from a subgrant awarded under this part are returned to the State; or ‘‘(2) the State does not receive sufficient eligi- ble applications to award the full funding within the allocations in subsection (c)(4)’’; (4) in section 2010 (42 U.S.C.
3796gg–4)— (A) in subsection (a), by striking para- graph (1) and inserting the following: ‘‘(1) IN GENERAL.—A State, Indian tribal gov- ernment, or unit of local government shall not be en- titled to funds under this subchapter unless the State, Indian tribal government, unit of local govern- ment, or another governmental entity— ‘‘(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and ‘‘(B) coordinates with health care providers in the region to notify victims of sexual assault of the availability of rape exams at no cost to the victims.’’; (B) in subsection (b)— (i) in paragraph (1), by inserting ‘‘or’’ after the semicolon; (ii) in paragraph (2), by striking ‘‘; or’’ and inserting a period; and † S 1925 ES 40 (iii) by striking paragraph (3); and (C) by amending subsection (d) to read as follows: ‘‘(d) NONCOOPERATION.— ‘‘(1) IN GENERAL.—To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with sub- section (b) without regard to whether the victim par- ticipates in the criminal justice system or cooperates with law enforcement.
‘‘(2) COMPLIANCE PERIOD.—States, territories, and Indian tribal governments shall have 3 years from the date of enactment of this Act to come into compliance with this section.’’; and (5) in section 2011(a)(1) (42 U.S.C.
3796gg– 5(a)(1))— (A) by inserting ‘‘modification, enforce- ment, dismissal, withdrawal’’ after ‘‘registra- tion,’’ each place it appears; (B) by inserting ‘‘, dating violence, sexual assault, or stalking’’ after ‘‘felony domestic vio- lence’’; and (C) by striking ‘‘victim of domestic vio- lence’’ and all that follows through ‘‘sexual as- sault’’ and inserting ‘‘victim of domestic vio- † S 1925 ES 41 lence, dating violence, sexual assault, or stalk- ing’’.

SEC.

102.
SEC.

102.

GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS.

(a) IN GENERAL.—Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3796hh et seq.)

is amended— (1) in section 2101 (42 U.S.C.
3796hh)— (A) in subsection (b)— (i) in the matter preceding paragraph (1), by striking ‘‘States,’’ and all that fol- lows through ‘‘units of local government’’ and inserting ‘‘grantees’’; (ii) in paragraph (1), by inserting ‘‘and enforcement of protection orders across State and tribal lines’’ before the period; (iii) in paragraph (2), by striking ‘‘and training in police departments to im- prove tracking of cases’’ and inserting ‘‘data collection systems, and training in police departments to improve tracking of cases and classification of complaints’’; (iv) in paragraph (4), by inserting ‘‘and provide the appropriate training and † S 1925 ES 42 education about domestic violence, dating violence, sexual assault, and stalking’’ after ‘‘computer tracking systems’’; (v) in paragraph (5), by inserting ‘‘and other victim services’’ after ‘‘legal ad- vocacy service programs’’; (vi) in paragraph (6), by striking ‘‘judges’’ and inserting ‘‘Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related per- sonnel’’; (vii) in paragraph (8), by striking ‘‘and sexual assault’’ and inserting ‘‘dating violence, sexual assault, and stalking’’; (viii) in paragraph (10), by striking ‘‘non-profit, non-governmental victim serv- ices organizations,’’ and inserting ‘‘victim service providers, staff from population specific organizations,’’; and (ix) by adding at the end the fol- lowing: ‘‘(14) To develop and implement training pro- grams for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation † S 1925 ES 43 in cases involving domestic violence, dating violence, sexual assault, and stalking.
‘‘(15) To develop or strengthen policies, proto- cols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating vi- olence, sexual assault, and stalking against immi- grant victims, including the appropriate use of appli- cations for nonimmigrant status under subpara- graphs (T) and (U) of section 101(a)(15) of the Im- migration and Nationality Act (8 U.S.C.

1101(a)(15)).
1101(a)(15)).

‘‘(16) To develop and promote State, local, or tribal legislation and policies that enhance best prac- tices for responding to the crimes of domestic vio- lence, 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 Sex- ual Assault Response Teams or similar coordinated community responses to sexual assault.

1 † S 1925 ES 44 ‘‘(19) To develop and strengthen policies, proto- cols, and training for law enforcement officers and prosecutors regarding the investigation and prosecu- tion 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 sex- ual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for noti- fying 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 as- sess the risk of homicide and link high-risk vic- tims to immediate crisis intervention services; ‘‘(B) identifying and managing high-risk offenders; and ‘‘(C) providing ongoing victim advocacy and referrals to comprehensive services includ- ing legal, housing, health care, and economic assistance.’’; † S 1925 ES 45 (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding sub- paragraph (A), by inserting ‘‘except for a court,’’ before ‘‘certify’’; and (II) by redesignating subpara- graphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accord- ingly; (ii) in paragraph (2), by inserting ‘‘except for a court,’’ before ‘‘dem- onstrate’’; (iii) in paragraph (3)— (I) by striking ‘‘spouses’’ each place it appears and inserting ‘‘par- ties’’; and (II) by striking ‘‘spouse’’ and in- serting ‘‘party’’; (iv) in paragraph (4)— (I) by inserting ‘‘, dating vio- lence, sexual assault, or stalking’’ after ‘‘felony domestic violence’’; (II) by inserting ‘‘modification, enforcement, dismissal,’’ after ‘‘reg- istration,’’ each place it appears; † S 1925 ES 46 (III) by inserting ‘‘dating vio- lence,’’ after ‘‘victim of domestic vio- lence,’’; and (IV) by striking ‘‘and’’ at the end; (v) in paragraph (5)— (I) in the matter preceding sub- paragraph (A), by striking ‘‘, not later than 3 years after January 5, 2006’’; (II) by inserting ‘‘, trial of, or sentencing for’’ after ‘‘investigation of’’ each place it appears; (III) by redesignating subpara- graphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accord- ingly; (IV) in clause (ii), as redesig- nated by subclause (III) of this clause, by striking ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; and (V) by striking the period at the end and inserting ‘‘; and’’; (vi) by redesignating paragraphs (1)
 through (5), as amended by this subpara- † S 1925 ES 47 graph, as subparagraphs (A) through (E), respectively; (vii) in the matter preceding subpara- graph (A), as redesignated by clause (v) of this subparagraph— (I) by striking the comma that immediately follows another comma; and (II) by striking ‘‘grantees are States’’ and inserting the following: ‘‘grantees are— ‘‘(1) States’’; and (viii) by adding at the end the fol- lowing: ‘‘(2) a State, tribal, or territorial domestic vio- lence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that cer- tifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1).’’; (C) in subsection (d)— (i) in paragraph (1)— † S 1925 ES 48 (I) in the matter preceding sub- paragraph (A), by inserting ‘‘, policy,’’ after ‘‘law’’; and (II) in subparagraph (A), by in- serting ‘‘and the defendant is in cus- tody or has been served with the in- formation or indictment’’ before the semicolon; and (ii) in paragraph (2), by striking ‘‘it’’ and inserting ‘‘its’’; and (D) by adding at the end the following: ‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg).

‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner rela- tionship.’’; and 24 25 (2) in section 2102(a) (42 U.S.C.
3796hh– 1(a))— † S 1925 ES 49 (A) in paragraph (1), by inserting ‘‘court,’’ after ‘‘tribal government,’’; and (B) in paragraph (4), by striking ‘‘non- profit, private sexual assault and domestic vio- lence programs’’ and inserting ‘‘victim service providers and, as appropriate, population spe- cific organizations’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(19) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is 11 amended— (1) by striking ‘‘$75,000,000’’ and all that fol- lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 for each of fiscal years 2012 through 2016.’’; and (2) by striking the period that immediately fol- lows another period.

SEC.

103.

LEGAL ASSISTANCE FOR VICTIMS.

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg–6) is amended— (1) in subsection (a)— (A) in the first sentence, by striking ‘‘aris- ing as a consequence of’’ and inserting ‘‘relat- ing to or arising out of’’; and (B) in the second sentence, by inserting ‘‘or arising out of’’ after ‘‘relating to’’; † S 1925 ES 50 (2) in subsection (b)— (A) in the heading, by inserting ‘‘AND GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; and (B) by inserting ‘‘and grant conditions’’ after ‘‘definitions’’; (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘victims services organizations’’ and inserting ‘‘victim service providers’’; and (B) by striking paragraph (3) and insert- ing the following: ‘‘(3) to implement, expand, and establish efforts and projects to provide competent, supervised pro bono legal assistance for victims of domestic vio- lence, dating violence, sexual assault, or stalking, ex- cept that not more than 10 percent of the funds awarded under this section may be used for the pur- pose described in this paragraph.’’; (4) in subsection (d)— (A) in paragraph (1), by striking ‘‘this sec- tion has completed’’ and all that follows and in- serting the following: ‘‘this section—’’ ‘‘(A) has demonstrated expertise in pro- viding legal assistance to victims of domestic vi- † S 1925 ES 51 olence, dating violence, sexual assault, or stalk- ing in the targeted population; or ‘‘(B)(i) is partnered with an entity or per- son that has demonstrated expertise described in subparagraph (A); and ‘‘(ii) has completed, or will complete, train- ing 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 vio- lence homicide;’’; and (B) in paragraph (2), by striking ‘‘stalking organization’’ and inserting ‘‘stalking victim service provider’’; and (5) in subsection (f) in paragraph (1), by strik- ing ‘‘this section’’ and
 all that follows and inserting the following: ‘‘this section $57,000,000 for each of fiscal years 2012 through 2016.’’.
SEC.

104.

CONSOLIDATION OF GRANTS TO SUPPORT FAMI- LIES IN THE JUSTICE SYSTEM.

(a) IN GENERAL.—Title III of division B of the Vic- tims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386; 114 Stat.

1509) is amended by striking the section preceding section 1302 (42 U.S.C.

10420), as amended by section 306 of the Violence † S 1925 ES 52 Against Women and Department of Justice Reauthoriza- tion Act of 2005 (Public Law 109–162; 119 Stat.
316), and inserting the following: ‘‘SEC.

1301.

GRANTS TO SUPPORT FAMILIES IN THE JUS- TICE SYSTEM.
‘‘(a) IN GENERAL.—The Attorney General may make grants to States, units of local government, courts (includ- ing 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 stalk- ing, or in cases involving allegations of child sexual abuse.
‘‘(b) USE OF FUNDS.—A grant under this section 15 may be used to— ‘‘(1) provide supervised visitation and safe visi- tation exchange of children and youth by and be- tween parents in situations involving domestic vio- lence, dating violence, child sexual abuse, sexual as- sault, or stalking; ‘‘(2) develop and promote State, local, and trib- al legislation, policies, and best practices for improv- ing civil and criminal court functions, responses, practices, and procedures in cases involving a history of domestic violence or sexual assault, or in cases in- † S 1925 ES 53 volving allegations of child sexual abuse, including cases in which the victim proceeds pro se; ‘‘(3) educate court-based and court-related per- sonnel and court-appointed personnel (including cus- tody evaluators and guardians ad litem) and child protective services workers on the dynamics of do- mestic violence, dating violence, sexual assault, and stalking, including information on perpetrator behav- ior, evidence-based risk factors for domestic and dat- ing violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the vic- tim 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-re- lated programs to develop or enhance— ‘‘(A) court infrastructure (such as special- ized courts, consolidated courts, dockets, intake centers, or interpreter services); † S 1925 ES 54 ‘‘(B) community-based initiatives within the court system (such as court watch pro- grams, victim assistants, pro se victim assist- ance programs, or community-based supple- mentary 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; † S 1925 ES 55 ‘‘(ii) that relate to family matters, in- cluding civil protection orders, custody, and divorce; and ‘‘(iii) in which the other parent is rep- resented by counsel; ‘‘(7) collect data and provide training and tech- nical 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 pur- poses 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; † S 1925 ES 56 ‘‘(B) the extent to which the proposed pro- grams and services serve underserved popu- lations; ‘‘(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 vio- lence, 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, in- cluding mechanisms for communication and re- ferral.
‘‘(2) OTHER GRANTS.—In making grants under subsection (b)(8) the Attorney General shall take into account the extent to which the grantee has ex- pertise addressing the judicial system’s handling of family violence, child custody, child abuse and ne- glect, adoption, foster care, supervised visitation, di- vorce, and parentage.
† S 1925 ES 57 ‘‘(d) APPLICANT REQUIREMENTS.—The Attorney General may make a grant under this section to an appli- cant that— ‘‘(1) demonstrates expertise in the areas of do- mestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate; ‘‘(2) ensures that any fees charged to individ- uals for use of supervised visitation programs and services are based on the income of those individ- uals, 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, modi- fying, issuance, registration, enforcement, with- drawal, or dismissal of matters relating to the do- mestic violence, dating violence, sexual assault, or stalking; ‘‘(4) demonstrates that adequate security meas- ures, including adequate facilities, procedures, and personnel capable of preventing violence, and ade- quate 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 † S 1925 ES 58 agencies unless necessary to ensure the safety of any child or adult using the services of a program fund- ed 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 sec- tion has completed or will complete training on do- mestic 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 as- sault, or stalking victim service provider or coalition on the dynamics of domestic violence and sexual as- † S 1925 ES 59 sault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make rec- ommendations 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 require- ments of this section shall not apply to funds allo- cated for the program described in paragraph (1).’’.

(b) TECHNICAL AND CONFORMING AMENDMENT.— Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C.

14043 et seq.)

is repealed.

SEC.

105.

SEX OFFENDER MANAGEMENT.

Section 40152(c) of the Violence Against Women Act of 1994 (42 U.S.C.
13941) is amended by striking † S 1925 ES 60 ‘‘$5,000,000’’ and all that follows and inserting ‘‘$5,000,000 for each of fiscal years 2012 through 2016.’’.

SEC.

106.

COURT-APPOINTED SPECIAL ADVOCATE PRO- GRAM.

Subtitle B of title II of the Crime Control Act of 1990 (42 U.S.C.

13011 et seq.)

is amended— (1) in section 216 (42 U.S.C.

13012), by strik- ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2015’’; (2) in section 217 (42 U.S.C.
13013)— (A) by striking ‘‘Code of Ethics’’ in section (c)(2) and inserting ‘‘Standards for Programs’’; and (B) by adding at the end the following: ‘‘(e) REPORTING.—An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome per- formance measures (which shall be established by the Ad- ministrator) to determine the effectiveness of the pro- grams of the organization in meeting the needs of children in the child welfare system.’’; and (3) in section 219(a) (42 U.S.C.
13014(a)), by striking ‘‘fiscal years 2007 through 2011’’ and in- serting ‘‘fiscal years 2012 through 2016’’.

1 † S 1925 ES 61 SEC.

107.

CRIMINAL PROVISION RELATING TO STALKING, INCLUDING CYBERSTALKING.
(a) INTERSTATE DOMESTIC VIOLENCE.—Section 2261(a)(1) of title 18, United States Code, is amended— (1) by inserting ‘‘is present’’ after ‘‘Indian Country or’’; and (2) by inserting ‘‘or presence’’ after ‘‘as a result of such travel’’; (b) STALKING.—Section 2261A of title 18, United States Code, is amended to read as follows: ‘‘§ 2261A.
Stalking ‘‘Whoever— ‘‘(1) travels in interstate or foreign commerce or is present within the special maritime and terri- torial 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 † S 1925 ES 62 ‘‘(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, in- timidate, 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 com- munication 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 per- son described in clause (i), (ii), or (iii) of para- graph (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.’’.
† S 1925 ES 63 (c) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section 2262(a)(2) of title 18, United States Code, is amended by inserting ‘‘is present’’ after ‘‘Indian Country or’’.

SEC.

108.

OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.

Section 120 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (42 U.S.C.

14045) is amended to read as follows: ‘‘SEC.

120.

GRANTS FOR OUTREACH AND SERVICES TO UN- DERSERVED POPULATIONS.
‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—Of the amounts appro- priated under the grant programs identified in para- graph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in sub- section (b) of this section to develop and implement outreach strategies targeted at adult or youth vic- tims of domestic violence, dating violence, sexual as- sault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating vio- lence, sexual assault, and stalking in underserved populations.
The requirements of the grant pro- † S 1925 ES 64 grams identified in paragraph (2) shall not apply to this grant program.

‘‘(2) PROGRAMS COVERED.—The programs cov- ered 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 under- served communities, or population specific organiza- tions working in partnership with a victim service provider or domestic violence or sexual assault coali- tion; ‘‘(2) victim service providers offering population specific services for a specific underserved popu- lation; or † S 1925 ES 65 ‘‘(3) victim service providers working in part- nership with a national, State, tribal, or local organi- zation that has demonstrated experience and exper- tise 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 enti- ties to support the planning and development of specially designed and targeted programs for adult and youth vic- tims in one or more underserved populations, including— ‘‘(1) identifying, building and strengthening partnerships with potential collaborators within un- derserved populations, Federal, State, tribal, terri- torial or local government entities, and public and private organizations; ‘‘(2) conducting a needs assessment of the com- munity 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 tar- geted underserved population or populations; and † S 1925 ES 66 ‘‘(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 serv- ices, promoting community engagement in the pre- vention of domestic violence, dating violence, sexual assault, and stalking within the targeted under- served populations, and evaluating the program.
‘‘(d) IMPLEMENTATION GRANTS.—The Attorney General shall make grants to eligible entities for the pur- pose of providing or enhancing population specific out- reach and services to adult and youth victims in one or more underserved populations, including— ‘‘(1) working with Federal, State, tribal, terri- torial and local governments, agencies, and organiza- tions to develop or enhance population specific serv- ices; ‘‘(2) strengthening the capacity of underserved populations to provide population specific services; ‘‘(3) strengthening the capacity of traditional victim service providers to provide population spe- cific services; ‘‘(4) strengthening the effectiveness of criminal and civil justice interventions by providing training for law enforcement, prosecutors, judges and other † S 1925 ES 67 court personnel on domestic violence, dating vio- lence, sexual assault, or stalking in underserved pop- ulations; or ‘‘(5) working in cooperation with an under- served population to develop and implement out- reach, education, prevention, and intervention strate- gies that highlight available resources and the spe- cific issues faced by victims of domestic violence, dating violence, sexual assault, or stalking from un- derserved 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 Of- fice on Violence Against Women a report that describes the activities carried out with grant funds.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In ad- dition 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 † S 1925 ES 68 40002 of the Violence Against Women Act of 1994 (42 U.S.C.

13925) shall apply.’’.

SEC.

109.

CULTURALLY SPECIFIC SERVICES GRANT.

Section 121 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (42 U.S.C.
14045a) is amended— (1) in the section heading, by striking ‘‘AND LINGUISTICALLY’’; (2) by striking ‘‘and linguistically’’ each place it appears; (3) by striking ‘‘and linguistic’’ each place it appears; (4) by striking subsection (a)(2) and inserting: ‘‘(2) PROGRAMS COVERED.—The programs cov- ered 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 As- sistance for Victims).

1 † S 1925 ES 69 ‘‘(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 En- forcement 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 Vic- tims of Trafficking and Violence Protection Act of 2000 (42 U.S.C.

3796gg–7) (Education, Training, and Enhanced Services to End Vio- lence Against and Abuse of Women with Dis- abilities).’’; and (5) in subsection (g), by striking ‘‘linguistic and’’.
† S 1925 ES 70 TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, VIO- LENCE, SEXUAL ASSAULT, AND STALKING DATING SEC.

201.

SEXUAL ASSAULT SERVICES PROGRAM.

(a) GRANTS TO STATES AND TERRITORIES.—Section 41601(b) of the Violence Against Women Act of 1994 (42 U.S.C.
14043g(b)) is amended— (1) in paragraph (1), by striking ‘‘other pro- grams’’ and all that follows and inserting ‘‘other nongovernmental or tribal programs and projects to assist individuals who have been victimized by sexual assault, without regard to the age of the indi- vidual.’’; (2) in paragraph (2)— (A) in subparagraph (B), by inserting ‘‘or tribal programs and activities’’ after ‘‘non- governmental organizations’’; and (B) in subparagraph (C)(v), by striking ‘‘linguistically and’’; and (3) in paragraph (4)— (A) by inserting ‘‘(including the District of Columbia and Puerto Rico)’’ after ‘‘The Attor- ney General shall allocate to each State’’; † S 1925 ES 71 (B) by striking ‘‘the District of Columbia, Puerto Rico,’’ after ‘‘Guam’’; (C) by striking ‘‘0.125 percent’’ and in- serting ‘‘0.25 percent’’; and (D) by striking ‘‘The District of Columbia shall be treated as a territory for purposes of calculating its allocation under the preceding formula.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 41601(f)(1) of the Violence Against Women Act of 1994 (42 U.S.C.

14043g(f)(1)) is amended by striking ‘‘$50,000,000 to remain available until expended for each of the fiscal years 2007 through 2011’’ and inserting ‘‘$40,000,000 to remain available until expended for each of fiscal years 2012 through 2016’’.

SEC.

202.

RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C.
13971) is amended— (1) in subsection (a)(1)(H), by inserting ‘‘, in- cluding sexual assault forensic examiners’’ before the semicolon; (2) in subsection (b)— (A) in paragraph (1)— † S 1925 ES 72 (i) by striking ‘‘victim advocacy groups’’ and inserting ‘‘victim service pro- viders’’; and (ii) by inserting ‘‘, including devel- oping multidisciplinary teams focusing on high risk cases with the goal of preventing domestic and dating violence homicides’’ before the semicolon; (B) in paragraph (2)— (i) by striking ‘‘and other long- and short-term assistance’’ and inserting ‘‘legal assistance, and other long-term and short- term victim and population specific serv- ices’’; and (ii) by striking ‘‘and’’ at the end; (C) in paragraph (3), by striking the pe- riod at the end and inserting ‘‘; and’’; and (D) by adding at the end the following: ‘‘(4) developing, enlarging, or strengthening programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and pro- grams addressing rape kit backlogs.
‘‘(5) developing programs and strategies that focus on the specific needs of victims of domestic vi- † S 1925 ES 73 olence, dating violence, sexual assault, and stalking who reside in remote rural and geographically iso- lated areas, including addressing the challenges posed by the lack of access to shelters and victims services, and limited law enforcement resources and training, and providing training and resources to Community Health Aides involved in the delivery of Indian Health Service programs.’’; and (3) in subsection (e)(1), by striking ‘‘$55,000,000 for each of the fiscal years 2007 through 2011’’ and inserting ‘‘$50,000,000 for each of fiscal years 2012 through 2016’’.
SEC.

203.

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

Section 1402 of division B of the Victims of Traf- ficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg–7) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting ‘‘(in- cluding using evidence-based indicators to as- sess the risk of domestic and dating violence homicide)’’ after ‘‘risk reduction’’; † S 1925 ES 74 (B) in paragraph (4), by striking ‘‘victim service organizations’’ and inserting ‘‘victim service providers’’; and (C) in paragraph (5), by striking ‘‘victim services organizations’’ and inserting ‘‘victim service providers’’; (2) in subsection (c)(1)(D), by striking ‘‘non- profit and nongovernmental victim services organiza- tion, such as a State’’ and inserting ‘‘victim service provider, such as a State or tribal’’; and (3) in subsection (e), by striking ‘‘$10,000,000 for each of the fiscal years 2007 through 2011’’ and inserting ‘‘$9,000,000 for each of fiscal years 2012 through 2016’’.
SEC.

204.

ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.

(a) IN GENERAL.—Subtitle H of the Violence Against Women Act of 1994 (42 U.S.C.

14041 et seq.)

is amended to read as follows: ‘‘Subtitle H—Enhanced Training and Services to End Abuse Later in Life ‘‘SEC.

40801.

ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
‘‘(a) DEFINITIONS.—In this section— † S 1925 ES 75 ‘‘(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 indi- vidual, 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 serv- ices 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 ACTIVI- TIES.— ‘‘(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 as- sist law enforcement agencies, prosecutors, agencies of States or units of local govern- ment, population specific organizations, victim service providers, victim advocates, and relevant officers in Federal, tribal, † S 1925 ES 76 State, territorial, and local courts in recog- nizing and addressing instances of elder abuse; ‘‘(ii) provide or enhance services for victims of abuse in later life, including do- mestic violence, dating violence, sexual as- sault, stalking, exploitation, and neglect; ‘‘(iii) establish or support multidisci- plinary 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, agen- cies of States or units of local government, attorneys, health care providers, population specific organizations, faith-based advo- cates, victim service providers, and courts to better serve victims of abuse in later life, including domestic violence, dating vio- lence, sexual assault, stalking, exploitation, and neglect.
‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi- ble entity receiving a grant under this section † S 1925 ES 77 may use the funds received under the grant to— ‘‘(i) provide training programs to as- sist attorneys, health care providers, faith- based leaders, or other community-based organizations in recognizing and address- ing instances of abuse in later life, includ- ing domestic violence, dating violence, sex- ual assault, stalking, exploitation, and ne- glect; or ‘‘(ii) conduct outreach activities and awareness campaigns to ensure that vic- tims of abuse in later life, including domes- tic 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 avail- able in the community.

‘‘(D) LIMITATION.—An eligible entity re- ceiving a grant under this section may use not more than 10 percent of the total funds re- † S 1925 ES 78 ceived 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 or- ganization; ‘‘(iv) a population specific organiza- tion with demonstrated experience in as- sisting individuals over 50 years of age; ‘‘(v) a victim service provider with demonstrated experience in addressing do- mestic violence, dating violence, sexual as- sault, and stalking; or ‘‘(vi) a State, tribal, or territorial do- mestic violence or sexual assault coalition; and ‘‘(B) the entity demonstrates that it is part of a multidisciplinary partnership that in- cludes, at a minimum— ‘‘(i) a law enforcement agency; ‘‘(ii) a prosecutor’s office; ‘‘(iii) a victim service provider; and † S 1925 ES 79 ‘‘(iv) a nonprofit program or govern- ment 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 cul- turally specific and underserved populations.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this section $9,000,000 for each of fiscal years 2012 through 2016.’’.

TITLE III—SERVICES, PROTEC- TION, AND JUSTICE FOR YOUNG VICTIMS OF VIO- LENCE SEC.

301.

RAPE PREVENTION AND EDUCATION GRANT.

Section 393A of the Public Health Service Act (42 U.S.C.
280b–1b) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting ‘‘, territorial or tribal’’ after ‘‘crisis centers, State’’; and (B) in paragraph (6), by inserting ‘‘and al- cohol’’ after ‘‘about drugs’’; and (2) in subsection (c)— † S 1925 ES 80 (A) in paragraph (1), by striking ‘‘$80,000,000 for each of fiscal years 2007 through 2011’’ and inserting ‘‘$50,000,000 for each of fiscal years 2012 through 2016’’; and (B) by adding at the end the following: ‘‘(3) BASELINE FUNDING FOR STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—A minimum allocation of $150,000 shall be awarded in each fiscal year for each of the States, the District of Columbia, and Puerto Rico.
A minimum alloca- tion 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 Co- lumbia, and Puerto Rico on the basis of popu- lation.’’.

SEC.

302.

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

Subtitle L of the Violence Against Women Act of 1994 is amended by striking sections 41201 through 41204 (42 U.S.C.
14043c through 14043c–3) and insert- ing the following: † S 1925 ES ‘‘SEC.

41201.

CREATING HOPE THROUGH OUTREACH, OP- 81 TIONS, 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 vio- 11 lence.
12 13 ‘‘(b) PROGRAM PURPOSES.—Funds provided under this section may be used for the following program pur- 14 pose areas: 26 ‘‘(1) SERVICES TO ADVOCATE FOR AND RE- SPOND TO YOUTH.—To develop, expand, and strengthen victim-centered interventions and services that target youth who are victims of domestic vio- lence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, ad- vocacy, mentoring, educational support, transpor- tation, legal assistance in civil, criminal and admin- istrative matters, such as family law cases, housing cases, child welfare proceedings, campus administra- tive proceedings, and civil protection order pro- ceedings, services to address the co-occurrence of sex † S 1925 ES 82 trafficking, population-specific services, and other activities that support youth in finding safety, sta- bility, 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, de- termining relevant barriers to such services in a particular locality, and developing a commu- nity protocol to address such problems collabo- ratively; ‘‘(B) develop and implement policies, prac- tices, and procedures to effectively respond to domestic violence, dating violence, sexual as- sault, or stalking against youth; or ‘‘(C) provide technical assistance and training to enhance the ability of school per- sonnel, victim service providers, child protective service workers, staff of law enforcement agen- cies, prosecutors, court personnel, individuals who work in after school programs, medical personnel, social workers, mental health per- sonnel, and workers in other programs that serve children and youth to improve their ability † S 1925 ES 83 to appropriately respond to the needs of chil- dren and youth who are victims of domestic vio- lence, dating violence, sexual assault, and stalk- ing, and to properly refer such children, youth, and their families to appropriate services.
‘‘(2) SUPPORTING YOUTH THROUGH EDU- CATION AND PROTECTION.—To enable middle schools, high schools, and institutions of higher edu- cation to— ‘‘(A) provide training to school personnel, including healthcare providers and security per- sonnel, on the needs of students who are vic- tims of domestic violence, dating violence, sex- ual 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, stu- dents who are experiencing or perpetrating do- mestic violence, dating violence, sexual assault, or stalking, and procedures for handling the re- quirements of court protective orders issued to or against students; ‘‘(C) provide support services for student victims of domestic violence, dating violence, † S 1925 ES 84 sexual assault or stalking, such as a resource person who is either on-site or on-call; ‘‘(D) implement developmentally appro- priate educational programming for students re- garding domestic violence, dating violence, sex- ual assault, and stalking and the impact of such violence on youth; or ‘‘(E) develop strategies to increase identi- fication, support, referrals, and prevention pro- gramming for youth who are at high risk of do- mestic 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 non- profit, 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 dem- † S 1925 ES 85 onstrated 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 De- fense under section 2164 of title 10, United States Code or section 1402 of the Defense De- pendents’ 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 re- ceive a grant for the purposes described in sub- section (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 De- partment 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 institu- tion of higher education.
‘‘(B) OTHER PARTNERSHIPS.—All appli- cants under this section are encouraged to work in partnership with organizations and agencies † S 1925 ES 86 that work with the relevant population.
Such entities may include— ‘‘(i) a State, tribe, unit of local gov- ernment, or territory; ‘‘(ii) a population specific or commu- nity-based organization; ‘‘(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience work- ing 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 work- † S 1925 ES 87 ing with other service providers all with priority on victim safety and autonomy; and ‘‘(3) ensure that all individuals providing inter- vention 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 de- scribed 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 sec- † S 1925 ES 88 tion shall not apply to funds allocated under this paragraph.
‘‘(h) PRIORITY.—The Attorney General shall prioritize grant applications under this section that coordi- nate with prevention programs in the community.’’.

SEC.

303.

GRANTS TO COMBAT VIOLENT CRIMES ON CAM- PUSES.

Section 304 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (42 10 U.S.C.
14045b) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking ‘‘stalking on campuses, and’’ and inserting ‘‘stalking on cam- puses,’’; (ii) by striking ‘‘crimes against women on’’ and inserting ‘‘crimes on’’; and (iii) by inserting ‘‘, and to develop and strengthen prevention education and awareness programs’’ before the period; and (B) in paragraph (2), by striking ‘‘$500,000’’ and inserting ‘‘$300,000’’; (2) in subsection (b)— (A) in paragraph (2)— † S 1925 ES 89 (i) by inserting ‘‘, strengthen,’’ after ‘‘To develop’’; and (ii) by inserting ‘‘including the use of technology to commit these crimes,’’ after ‘‘sexual assault and stalking,’’; (B) in paragraph (4)— (i) by inserting ‘‘and population spe- cific services’’ after ‘‘strengthen victim services programs’’; (ii) by striking ‘‘entities carrying out’’ and all that follows through ‘‘stalking vic- tim services programs’’ and inserting ‘‘vic- tim service providers’’; and (iii) by inserting ‘‘, regardless of whether the services are provided by the institution or in coordination with commu- nity victim service providers’’ before the period at the end; and (C) by adding at the end the following: ‘‘(9) To develop or adapt and provide develop- mental, culturally appropriate, and linguistically ac- cessible print or electronic materials to address both prevention and intervention in domestic violence, dating violence, sexual violence, and stalking.
† S 1925 ES 90 ‘‘(10) To develop or adapt population specific strategies and projects for victims of domestic vio- lence, dating violence, sexual assault, and stalking from underserved populations on campus.’’; (3) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (B), by striking ‘‘any non-profit’’ and all that follows through ‘‘victim services programs’’ and inserting ‘‘victim service providers’’; (ii) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and (iii) by inserting after subparagraph (C), the following: ‘‘(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant popu- lation specific services;’’; and (B) in paragraph (3), by striking ‘‘2007 through 2011’’ and inserting ‘‘2012 through 2016’’; (4) in subsection (d)— (A) by redesignating paragraph (3) as paragraph (4); and † S 1925 ES 91 (B) by inserting after paragraph (2), the following: ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— Each grantee shall comply with the following min- imum requirements during the grant period: ‘‘(A) The grantee shall create a coordi- nated community response including both orga- nizations external to the institution and rel- evant divisions of the institution.
‘‘(B) The grantee shall establish a manda- tory prevention and education program on do- mestic violence, dating violence, sexual assault, and stalking for all incoming students.

‘‘(C) The grantee shall train all campus law enforcement to respond effectively to do- mestic violence, dating violence, sexual assault, and stalking.
‘‘(D) The grantee shall train all members of campus disciplinary boards to respond effec- tively to situations involving domestic violence, dating violence, sexual assault, or stalking.’’; and (5) in subsection (e), by striking ‘‘there are’’ and all that follows through the period and inserting † S 1925 ES 92 ‘‘there is authorized to be appropriated $12,000,000 for each of fiscal years 2012 through 2016.’’.
SEC.

304.

CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO- LENCE, DATING VIOLENCE, AND STALKING EDUCATION AND PREVENTION.

(a) IN GENERAL.—Section 485(f) of the Higher Edu- cation Act of 1965 (20 U.S.C.
1092(f)) is amended— (1) in paragraph (1)— (A) in subparagraph (C)(iii), by striking the period at the end and inserting ‘‘, when the victim of such crime elects or is unable to make such a report.’’; and (B) in subparagraph (F)— (i) in clause (i)(VIII), by striking ‘‘and’’ after the semicolon; (ii) in clause (ii)— (I) by striking ‘‘sexual orienta- tion’’ and inserting ‘‘ national origin, sexual orientation, gender identity,’’; and (II) by striking the period and inserting ‘‘; and’’; and (iii) by adding at the end the fol- lowing: † S 1925 ES 93 ‘‘(iii) of domestic violence, dating vio- lence, and stalking incidents that were re- ported to campus security authorities or local police agencies.’’; (2) in paragraph (3), by inserting ‘‘, that with- holds the names of victims as confidential,’’ after ‘‘that is timely’’; (3) in paragraph (6)(A)— (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as re- designated by subparagraph (A), the following: ‘‘(i) The terms ‘dating violence’, ‘domestic vio- lence’, and ‘stalking’ have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).’’; and (C) by inserting after clause (iv), as redes- ignated by subparagraph (A), the following: ‘‘(v) The term ‘sexual assault’ means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.’’; (4) in paragraph (7)— † S 1925 ES 94 (A) by striking ‘‘paragraph (1)(F)’’ and in- serting ‘‘clauses (i) and (ii) of paragraph (1)(F)’’; and (B) by inserting after ‘‘Hate Crime Statis- tics Act.’’ the following: ‘‘For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).’’; (5) by striking paragraph (8) and inserting the following: ‘‘(8)(A) Each institution of higher education partici- pating 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 dis- tribute as part of the report described in paragraph (1) a statement of policy regarding— ‘‘(i) such institution’s programs to prevent do- mestic 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 re- ported, including a statement of the standard of evi- † S 1925 ES 95 dence that will be used during any institutional con- duct proceeding arising from such a report.
‘‘(B) The policy described in subparagraph (A) shall address the following areas: ‘‘(i) Education programs to promote the aware- ness 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, sex- ual assault, and stalking; ‘‘(bb) the definition of domestic vio- lence, dating violence, sexual assault, and stalking in the applicable jurisdiction; ‘‘(cc) the definition of consent, in ref- erence to sexual activity, in the applicable jurisdiction; ‘‘(dd) safe and positive options for by- stander intervention that may be carried out by an individual to prevent harm or in- tervene when there is a risk of domestic vi- † S 1925 ES 96 olence, dating violence, sexual assault, or stalking against a person other than such individual; ‘‘(ee) information on risk reduction to recognize warning signs of abusive behav- ior 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 proce- dure regarding rape, acquaintance rape, domestic vi- olence, dating violence, sexual assault, or stalking.
‘‘(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual as- sault, or stalking has occurred, including informa- tion in writing about— ‘‘(I) the importance of preserving evidence as may be necessary to the proof of criminal do- mestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; † S 1925 ES 97 ‘‘(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 authori- ties in notifying law enforcement authori- ties if the victim so chooses; and ‘‘(cc) decline to notify such authori- ties; and ‘‘(IV) where applicable, the rights of vic- tims and the institution’s responsibilities re- garding 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 in- clude a clear statement that— ‘‘(I) such proceedings shall— ‘‘(aa) provide a prompt, fair, and im- partial investigation and resolution; and † S 1925 ES 98 ‘‘(bb) be conducted by officials who receive annual training on the issues re- lated to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing proc- ess that protects the safety of victims and promotes accountability; ‘‘(II) the accuser and the accused are enti- tled to the same opportunities to have others present during an institutional disciplinary pro- ceeding, including the opportunity to be accom- panied 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 vio- lence, sexual assault, or stalking; ‘‘(bb) the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary pro- ceeding; † S 1925 ES 99 ‘‘(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 em- ployees 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 op- tions for, and available assistance in, changing aca- demic, living, transportation, and working situations, if so requested by the victim and if such accom- modations 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 institu- tion 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 † S 1925 ES 100 off campus, shall be provided with a written explanation of the student or employee’s rights and options, as de- scribed in clauses (ii) through (vii) of subparagraph (B).’’; (6) in paragraph (9), by striking ‘‘The Sec- retary’’ and inserting ‘‘The Secretary, in consulta- tion with the Attorney General of the United States,’’; (7) by striking paragraph (16) and inserting the following: ‘‘(16)(A) The Secretary shall seek the advice and counsel of the Attorney General of the United States con- cerning 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 Sec- retary of Health and Human Services concerning the de- velopment, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.’’; and (8) by striking paragraph (17) and inserting the following: † S 1925 ES 101 ‘‘(17) No officer, employee, or agent of an institution participating in any program under this title shall retali- ate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or re- sponsibilities under any provision of this subsection.’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Edu- cation Act of 1965 (20 U.S.C.

1092(f)(1)) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent 12 calendar year.

13 TITLE IV—VIOLENCE REDUCTION PRACTICES SEC.

401.

STUDY CONDUCTED BY THE CENTERS FOR DIS- EASE CONTROL AND PREVENTION.
Section 402(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C.

280b–4(c)) is amended by striking ‘‘$2,000,000 for each of the fiscal years 2007 through 2011’’ and inserting ‘‘$1,000,000 for each of the fiscal years 2012 through 22 2016’’.

† S 1925 ES 102 SEC.

402.

SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION GRANTS.

(a) SMART PREVENTION.—Section 41303 of the Vi- olence Against Women Act of 1994 (42 U.S.C.
14043d– 2) is amended to read as follows: ‘‘SEC.

41303.

SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART PREVEN- TION).
‘‘(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 vio- lence, dating violence, sexual assault, and stalking by tak- ing a comprehensive approach that focuses on youth, chil- dren exposed to violence, and men as leaders and 16 influencers of social norms.
26 ‘‘(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, evi- † S 1925 ES 103 dence-informed, or innovative strategies and prac- tices focused on youth.
Such a program should in- clude— ‘‘(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 pro- viders, faith-leaders, older teens, and mentors; ‘‘(C) education and outreach to change en- vironmental factors contributing to domestic vi- olence, dating violence, sexual assault, and stalking; and ‘‘(D) policy development targeted to pre- vention, including school-based policies and pro- tocols.
‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND ABUSE.—To develop, maintain or enhance programs designed to prevent future incidents of domestic vio- lence, dating violence, sexual assault, and stalking by preventing, reducing and responding to children’s † S 1925 ES 104 exposure to violence in the home.
Such programs may include— ‘‘(A) providing services for children ex- posed to domestic violence, dating violence, sex- ual assault or stalking, including direct coun- seling or advocacy, and support for the non- abusing parent; and ‘‘(B) training and coordination for edu- cational, after-school, and childcare programs on how to safely and confidentially identify chil- dren and families experiencing domestic vio- lence, dating violence, sexual assault, or stalk- ing 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 pro- grams that work with men to prevent domestic vio- lence, 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— † S 1925 ES 105 ‘‘(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 vio- lence, dating violence, sexual assault, or stalking and expertise in the specific area for which they are ap- plying for funds; or ‘‘(2) a partnership between a victim service pro- vider, community-based organization, tribe or tribal organization, or other non-profit, nongovernmental organization that has a history of effective work pre- venting domestic violence, dating violence, sexual as- sault, or stalking and at least one of the following that has expertise in serving children exposed to do- mestic 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 De- fense under section 2164 of title 10, United States Code or section 1402 of the Defense De- † S 1925 ES 106 pendents’ Education Act of 1978, a group of schools, or a school district.
‘‘(B) A local community-based organiza- tion, population-specific organization, or faith- based organization that has established exper- tise 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 do- mestic violence, dating violence, sexual assault, or stalking.

‘‘(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating vio- lence, sexual assault, or stalking.
‘‘(E) Healthcare entities eligible for reim- bursement under title XVIII of the Social Secu- rity Act, including providers that target the special needs of children and youth.
‘‘(F) Any other agencies, population-spe- cific organizations, or nonprofit, nongovern- mental organizations with the capacity to pro- † S 1925 ES 107 vide necessary expertise to meet the goals of the program; or ‘‘(3) a public, charter, tribal, or nationally ac- credited private middle or high school, a school ad- ministered by the Department of Defense under sec- tion 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 in- stitution 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 man- ner, 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 pri- vacy of adult and youth victim information, † S 1925 ES 108 particularly in the context of parental or third party involvement and consent, mandatory re- porting 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 recipi- ents 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 do- mestic violence, dating violence, sexual assault, or stalking prevention and explain how the grantee or partnership will add value, coordi- nate with other programs, and not duplicate ex- isting efforts.
† S 1925 ES 109 ‘‘(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 pur- poses 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 insuffi- cient number of applications are received from In- dian tribes or tribal organizations, such funds shall be allotted to other population-specific programs.’’.

(b) REPEALS.—The following provisions are repealed: (1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C.

14043d–3 and 14043d–4).

† S 1925 ES 110 (2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C.

14045c).
14045c).

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RE- SPONSE TO DOMESTIC VIO- LENCE, DATING VIOLENCE, AND SEXUAL STALKING ASSAULT, SEC.

501.

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

(a) GRANTS.—Section 399P of the Public Health Service Act (42 U.S.C.

280g–4) is amended to read as follows: ‘‘SEC.

399P.
399P.

GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIO- LENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
‘‘(a) IN GENERAL.—The Secretary shall award 22 grants for— 23 24 ‘‘(1) the development or enhancement and im- plementation of interdisciplinary training for health † S 1925 ES 111 professionals, public health staff, and allied health professionals; ‘‘(2) the development or enhancement and im- plementation of education programs for medical, nursing, dental, and other health profession students and residents to prevent and respond to domestic vi- olence, dating violence, sexual assault, and stalking; and ‘‘(3) the development or enhancement and im- plementation of comprehensive statewide strategies to improve the response of clinics, public health fa- cilities, hospitals, and other health settings (includ- ing behavioral and mental health programs) to do- mestic 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, in- terns, residents, fellows, or current health † S 1925 ES 112 care providers to identify and provide health care services (including mental or behavioral health care services and refer- rals to appropriate community services) to individuals who are or who have been vic- tims of domestic violence, dating violence, sexual assault, or stalking; and ‘‘(ii) plan and develop culturally com- petent clinical training components for in- tegration into approved internship, resi- dency, and fellowship training or con- tinuing medical or other health education training that address physical, mental, and behavioral health issues, including protec- tive 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 confiden- tiality; ‘‘(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, † S 1925 ES 113 clinics, and other health settings (including be- havioral and mental health), under subsection (a)(3) through— ‘‘(i) the implementation, dissemina- tion, and evaluation of policies and proce- dures to guide health professionals and public health staff in identifying and re- sponding to domestic violence, dating vio- lence, sexual assault, and stalking, includ- ing strategies to ensure that health infor- mation is maintained in a manner that protects the
 patient’s privacy and safety, and safely uses health information tech- nology to improve documentation, identi- fication, 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 in- creasing the capacity of existing health care professionals and public health staff to address domestic violence, dating vio- lence, sexual assault, and stalking, or by contracting with or hiring domestic or sex- ual assault advocates to provide such serv- † S 1925 ES 114 ices 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 domes- tic violence, dating violence, sexual assault, and stalking, including the development and testing of quality improvement meas- urements, in accordance with the multi- stakeholder and quality measurement proc- esses 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 fol- low-up technical assistance to health care professionals, and public health staff, and allied health professionals to identify, as- sess, treat, and refer clients who are vic- tims of domestic violence, dating violence, sexual assault, or stalking, including using † S 1925 ES 115 tools and training materials already devel- oped.
‘‘(2) PERMISSIBLE USES.— ‘‘(A) CHILD AND ELDER ABUSE.—To the extent consistent with the purpose of this sec- tion, a grantee may use amounts received under this section to address, as part of a comprehen- sive 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 do- mestic violence, dating violence, sexual assault, stalking, and, as appropriate, other forms of vi- olence and abuse.
‘‘(C) OTHER USES.—Grants funded under subsection (a)(3) may be used for— ‘‘(i) the development of training mod- ules and policies that address the overlap † S 1925 ES 116 of child abuse, domestic violence, dating vi- olence, 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 ef- fects of lifetime exposure to violence and abuse as well as related protective factors and behavioral risk factors in health pro- fessional training schools including med- ical, dental, nursing, social work, and men- tal and behavioral health curricula, and al- lied health service training courses; or ‘‘(iv) the integration of knowledge of domestic violence, dating violence, sexual assault, and stalking into health care ac- creditation and professional licensing ex- aminations, such as medical, dental, social work, and nursing boards, and where ap- propriate, other allied health exams.
‘‘(c) REQUIREMENTS FOR GRANTEES.— ‘‘(1) CONFIDENTIALITY AND SAFETY.— † S 1925 ES 117 ‘‘(A) IN GENERAL.—Grantees under this section shall ensure that all programs developed with grant funds address issues of confiden- tiality and patient safety and comply with appli- cable confidentiality and nondisclosure require- ments under section 40002(b)(2) of the Vio- lence Against Women Act of 1994 and the Family Violence Prevention and Services Act, and that faculty and staff associated with deliv- ering 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 grant- ees shall consult entities with demonstrated ex- pertise 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 pro- cedures, 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, † S 1925 ES 118 and shall give patients the option to receive in- formation and referrals without affirmatively disclosing abuse.
‘‘(2) LIMITATION ON ADMINISTRATIVE EX- PENSES.—A grantee shall use not more than 10 per- cent of the amounts received under a grant under this section for administrative expenses.

‘‘(3) APPLICATION.— ‘‘(A) PREFERENCE.—In selecting grant re- cipients under this section, the Secretary shall give preference to applicants based on the strength of their evaluation strategies, with pri- ority given to outcome based evaluations.
‘‘(B) SUBSECTION (A)(1) AND (2) GRANT- EES.—Applications for grants under para- graphs (1) and (2) of subsection (a) shall in- clude— ‘‘(i) documentation that the applicant represents a team of entities working col- laboratively to strengthen the response of the health care system to domestic vio- lence, dating violence, sexual assault, or stalking, and which includes at least one of each of— † S 1925 ES 119 ‘‘(I) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field; ‘‘(II) a health care facility or sys- tem; or ‘‘(III) a government or nonprofit entity with a history of effective work in the fields of domestic violence, dat- ing violence, sexual assault, or stalk- ing; and ‘‘(ii) strategies for the dissemination and sharing of curricula and other edu- cational materials developed under the grant, if any, with other interested health professions schools and national resource repositories for materials on domestic vio- lence, 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 Sec- retary may require, including— † S 1925 ES 120 ‘‘(i) documentation that all training, education, screening, assessment, services, treatment, and any other approach to pa- tient care will be informed by an under- standing of violence and abuse victimiza- tion and trauma-specific approaches that will be integrated into prevention, interven- tion, and treatment activities; ‘‘(ii) strategies for the development and implementation of policies to prevent and address domestic violence, dating vio- lence, sexual assault, and stalking over the lifespan in health care settings; ‘‘(iii) a plan for consulting with State and tribal domestic violence or sexual as- sault coalitions, national nonprofit victim advocacy organizations, State or tribal law enforcement task forces (where appro- priate), and population specific organiza- tions with demonstrated expertise in do- mestic violence, dating violence, sexual as- sault, or stalking; ‘‘(iv) with respect to an application for a grant under which the grantee will have contact with patients, a plan, devel- † S 1925 ES 121 oped in collaboration with local victim serv- ice providers, to respond appropriately to and make correct referrals for individuals who disclose that they are victims of do- mestic violence, dating violence, sexual as- sault, 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 de- scribed in subsection (b)(2)(C)(ii), a cer- tification that any sexual assault forensic medical examination and sexual assault nurse examiner programs supported with such grant funds will adhere to the guide- lines 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 his- tory of effective work in the field of training health professionals with an understanding of, and clinical skills pertinent to, domestic vio- † S 1925 ES 122 lence, dating violence, sexual assault, or stalk- ing, and lifetime exposure to violence and abuse; ‘‘(B) an accredited school of allopathic or osteopathic medicine, psychology, nursing, den- tistry, social work, or allied health; ‘‘(C) a health care provider membership or professional organization, or a health care sys- tem; or ‘‘(D) a State, tribal, territorial, or local en- tity.
‘‘(2) SUBSECTION (A)(3) GRANTEES.—To be eli- gible to receive funding under subsection (a)(3), an entity shall be— ‘‘(A) a State department (or other divi- sion) of health, a State, tribal, or territorial do- mestic 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 † S 1925 ES 123 health clinic, hospital, or health system, or any other community-based organization with a his- tory of effective work in the field of domestic vi- olence, dating violence, sexual assault, or stalk- ing and health care, including physical or men- tal health care.
‘‘(e) TECHNICAL ASSISTANCE.— ‘‘(1) IN GENERAL.—Of the funds made avail- able 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 pro- gram, activity or service carried out pursuant to this section.

Not more than 8 percent of the funds ap- propriated under this section in each fiscal year may be used to fund technical assistance under this sub- section.
‘‘(2) AVAILABILITY OF MATERIALS.—The Sec- retary shall make publicly available materials devel- oped by grantees under this section, including mate- rials on training, best practices, and research and evaluation.
‘‘(3) REPORTING.—The Secretary shall publish a biennial report on— † S 1925 ES 124 ‘‘(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 avail- able 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 para- graph (1) may include— ‘‘(A) research on the effects of domestic vi- olence, dating violence, sexual assault, and childhood exposure to domestic, dating or sex- ual violence on health behaviors, health condi- † S 1925 ES 125 tions, and health status of individuals, families, and populations, including underserved popu- lations; ‘‘(B) research to determine effective health care interventions to respond to and prevent do- mestic 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 as- sault, stalking, and adult health outcomes, in- cluding 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 † S 1925 ES Violence Against Women Act of 1994 shall apply to this 126 section.’’.

(b) REPEALS.—The following provisions are repealed: (1) Section 40297 of the Violence Against Women Act of 1994 (42 U.S.C.

13973).
13973).

(2) Section 758 of the Public Health Service Act (42 U.S.C.

294h).

TITLE VI—SAFE HOMES FOR VIC- TIMS OF DOMESTIC VIO- LENCE, DATING VIOLENCE, SEXUAL AND STALKING ASSAULT, SEC.

601.

HOUSING PROTECTIONS FOR VICTIMS OF DOMES- TIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

(a) AMENDMENT.—Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C.

14043e et seq.)
14043e et seq.)

1 is amended— (1) by inserting after the subtitle heading the following: ‘‘CHAPTER 1—GRANT PROGRAMS’’; (2) in section 41402 (42 U.S.C.

14043e–1), in the matter preceding paragraph (1), by striking ‘‘subtitle’’ and inserting ‘‘chapter’’; † S 1925 ES 127 (3) in section 41403 (42 U.S.C.
14043e–2), in the matter preceding paragraph (1), by striking ‘‘subtitle’’ and inserting ‘‘chapter’’; and (4) by adding at the end the following: ‘‘CHAPTER 2—HOUSING RIGHTS ‘‘SEC.

41411.

HOUSING PROTECTIONS FOR VICTIMS OF DO- MESTIC VIOLENCE, DATING VIOLENCE, SEX- UAL ASSAULT, AND STALKING.
‘‘(a) DEFINITIONS.—In this chapter: ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af- filiated individual’ means, with respect to an indi- vidual— ‘‘(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 occu- pant living in the household of that individual.
‘‘(2) APPROPRIATE AGENCY.—The term ‘appro- priate agency’ means, with respect to a covered housing program, the Executive department (as de- fined 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— † S 1925 ES 128 ‘‘(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 Hous- ing Act (42 U.S.C.
8013); ‘‘(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Afford- able 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 Afford- able 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); † S 1925 ES 129 ‘‘(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 Rev- enue Code of 1986.
‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI- NATION 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 ap- plicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- cident of actual or threatened domestic violence, dat- ing 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 hous- † S 1925 ES 130 ing program by the victim or threatened victim of such incident; or ‘‘(B) good cause for terminating the assist- ance, 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 occu- pancy rights to housing assisted under a cov- ered housing program to a tenant solely on the basis of criminal activity directly relating to do- mestic 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 ten- ant is the victim or threatened victim of such domestic violence, dating violence, sexual as- sault, or stalking.
‘‘(B) BIFURCATION.— ‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A), a public housing agency † S 1925 ES 131 or owner or manager of housing assisted under a covered housing program may bi- furcate a lease for the housing in order to evict, remove, or terminate assistance to any individual who is a tenant or lawful oc- cupant of the housing and who engages in criminal activity directly relating to domes- tic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting, re- moving, terminating assistance to, or oth- erwise penalizing a victim of such criminal activity who is also a tenant or lawful oc- cupant 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 in- dividual under clause (i), and the indi- vidual is the sole tenant eligible to receive assistance under a covered housing pro- gram, the public housing agency or owner or manager of housing assisted under the covered housing program shall provide any † S 1925 ES 132 remaining tenant an opportunity to estab- lish eligibility for the covered housing pro- gram.
If a tenant described in the pre- ceding 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 hous- ing 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 vio- lence, sexual assault, or stalking; or † S 1925 ES 133 ‘‘(II) the distribution or posses- sion 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 man- ager does not subject an individual who is or has been a victim of domestic violence, dating violence, or stalking to a more de- manding standard than other tenants in determining whether to evict or terminate; ‘‘(iii) to limit the authority to termi- nate assistance to a tenant or evict a ten- ant from housing assisted under a covered housing program if a public housing agen- cy or owner or manager of the housing can demonstrate that an actual and imminent threat to other tenants or individuals em- ployed at or providing service to the prop- † S 1925 ES 134 erty 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 pro- vides greater protection than this section for victims of domestic violence, dating vio- lence, 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 appli- cant or tenant submit to the public housing agency or owner or manager a form of documentation de- scribed in paragraph (3).
‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— ‘‘(A) IN GENERAL.—If an applicant or ten- ant does not provide the documentation re- quested under paragraph (1) within 14 business days after the tenant receives a request in writ- ing for such certification from a public housing † S 1925 ES 135 agency or owner or manager of housing assisted under a covered housing program, nothing in this chapter may be construed to limit the au- thority 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 cov- ered program to the applicant or tenant; ‘‘(iii) terminate the participation of the applicant or tenant in the covered pro- gram; or ‘‘(iv) evict the applicant, the tenant, or a lawful occupant that commits viola- tions of a lease.
‘‘(B) EXTENSION.—A public housing agen- cy 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— † S 1925 ES 136 ‘‘(i) states that an applicant or tenant is a victim of domestic violence, dating vio- lence, sexual assault, or stalking; ‘‘(ii) states that the incident of domes- tic violence, dating violence, sexual assault, or stalking that is the ground for protec- tion under subsection (b) meets the re- quirements under subsection (b); and ‘‘(iii) includes the name of the indi- vidual who committed the domestic vio- lence, 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 vol- unteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom an applicant or tenant has sought as- sistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of the abuse; and ‘‘(II) the applicant or tenant; and † S 1925 ES 137 ‘‘(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 require- ments 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 sub- mitted to a public housing agency or owner or man- ager under this subsection, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking shall be main- tained 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— † S 1925 ES 138 ‘‘(A) requested or consented to by the indi- vidual in writing; ‘‘(B) required for use in an eviction pro- ceeding under subsection (b); or ‘‘(C) otherwise required by applicable law.
‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- ing 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 domes- tic violence, dating violence, sexual assault, or stalk- ing.
‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- STITUTE EVIDENCE OF UNREASONABLE ACT.—Com- pliance with subsection (b) by a public housing agen- cy 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 hous- ing 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 † S 1925 ES 139 housing assisted under a covered housing program for failure to comply with subsection (b).
‘‘(7) RESPONSE TO CONFLICTING CERTIFI- CATION.—If a public housing agency or owner or manager of housing assisted under a covered hous- ing program receives documentation under this sub- section that contains conflicting information, the public housing agency or owner or manager may re- quire 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 domes- tic violence, dating violence, sexual assault, or stalk- ing.

‘‘(d) NOTIFICATION.— ‘‘(1) DEVELOPMENT.—The Secretary of Hous- ing 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 de- † S 1925 ES 140 veloped 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 hous- ing 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 Ex- ecutive 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— 24 25 ‘‘(1) allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking † S 1925 ES 141 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 pre- ceding 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 Devel- opment 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) † S 1925 ES of the United States Housing Act of 1937 (42 U.S.C.

142 1437f(o)).
142 1437f(o)).

‘‘(g) IMPLEMENTATION.—The appropriate agency with respect to each covered housing program shall imple- ment this section, as this section applies to the covered housing program.’’.

(b) CONFORMING AMENDMENTS.— (1) SECTION 6.—Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amend- ed— (A) in subsection (c)— (i) by striking paragraph (3); and (ii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respec- tively; (B) in subsection (l)— (i) in paragraph (5), by striking ‘‘, and that an incident or incidents of actual or threatened domestic violence, dating vio- lence, 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 ter- minating the tenancy or occupancy rights of the victim of such violence’’; and † S 1925 ES 143 (ii) in paragraph (6), by striking ‘‘; except that’’ and all that follows through ‘‘stalking.’’; and (C) by striking subsection (u).
(2) SECTION 8.—Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amend- ed— (A) in subsection (c), by striking para- graph (9); (B) in subsection (d)(1)— (i) in subparagraph (A), by striking ‘‘and that an applicant or participant is or has been a victim of domestic violence, dat- ing violence, or stalking is not an appro- priate basis for denial of program assist- ance or for denial of admission if the appli- cant otherwise qualifies for assistance or admission’’; and (ii) in subparagraph (B)— (I) in clause (ii), by striking ‘‘, and that an incident or incidents of actual or threatened domestic vio- lence, dating violence, or stalking will not be construed as a serious or re- peated violation of the lease by the † S 1925 ES 144 victim or threatened victim of that vi- olence and will not be good cause for terminating the tenancy or occupancy rights of the victim of such violence’’; and (II) in clause (iii), by striking ‘‘, except that:’’ and all that follows through ‘‘stalking.’’; (C) in subsection (f)— (i) in paragraph (6), by adding ‘‘and’’ at the end; (ii) in paragraph (7), by striking the semicolon at the end and inserting a pe- riod; and (iii) by striking paragraphs (8), (9), (10), and (11); (D) in subsection (o)— (i) in paragraph (6)(B), by striking the last sentence; (ii) in paragraph (7)— (I) in subparagraph (C), by strik- ing ‘‘and that an incident or incidents of actual or threatened domestic vio- lence, dating violence, or stalking shall not be construed as a serious or re- † S 1925 ES 145 peated violation of the lease by the victim or threatened victim of that vi- olence and shall not be good cause for terminating the tenancy or occupancy rights of the victim of such violence’’; and (II) in subparagraph (D), by striking ‘‘; except that’’ and all that follows through ‘‘stalking.’’; and (iii) by striking paragraph (20); and (E) by striking subsection (ee).
(3) RULE OF CONSTRUCTION.—Nothing in this Act, or the amendments made by this Act, shall be construed— (A) to limit the rights or remedies avail- able to any person under section 6 or 8 of the United States Housing Act of 1937 (42 U.S.C.
1437d and 1437f), as in effect on the day be- fore the date of enactment of this Act; (B) to limit any right, remedy, or proce- dure otherwise available under any provision of part 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code of Fed- eral Regulations, that— † S 1925 ES 146 (i) was issued under the Violence Against Women and Department of Jus- tice Reauthorization Act of 2005 (Public Law 109–162; 119 Stat.
2960) or an amendment made by that Act; and (ii) provides greater protection for vic- tims of domestic violence, dating violence, sexual assault, and stalking than this Act; or (C) to disqualify an owner, manager, or other individual from participating in or receiv- ing the benefits of the low income housing tax credit program under section 42 of the Internal Revenue Code of 1986 because of noncompli- ance with the provisions of this Act.

SEC.

602.
SEC.

602.

TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC VIOLENCE, DAT- ING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (42 U.S.C.

13975 et seq.)
13975 et seq.)

is amend- ed— 23 24 25 (1) in the chapter heading, by striking ‘‘CHILD VICTIMS OF DOMESTIC VIO- LENCE, STALKING, OR SEXUAL AS- † S 1925 ES 147 SAULT’’ and inserting ‘‘VICTIMS OF DO- MESTIC VIOLENCE, DATING VIO- LENCE, SEXUAL ASSAULT, OR STALK- ING’’; and (2) in section 40299 (42 U.S.C.
13975)— (A) in the header, by striking ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, STALK- ING, OR SEXUAL ASSAULT’’ and inserting ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT- ING VIOLENCE, SEXUAL ASSAULT, OR STALKING’’; (B) in subsection (a)(1), by striking ‘‘flee- ing’’; (C) in subsection (b)(3)— (i) in subparagraph (A), by striking ‘‘ and’’ at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following: ‘‘(B) secure employment, including obtain- ing employment counseling, occupational train- ing, job retention counseling, and counseling concerning re-entry in to the workforce; and’’; and † S 1925 ES 148 (iv) in subparagraph (C), as redesig- nated by clause (ii), by striking ‘‘ employ- ment counseling,’’; and (D) in subsection (g)— (i) in paragraph (1), by striking ‘‘$40,000,000 for each of fiscal years 2007 through 2011’’ and inserting ‘‘$35,000,000 for each of fiscal years 2012 through 2016’’; and (ii) in paragraph (3)— (I) in subparagraph (A), by strik- ing ‘‘eligible’’ and inserting ‘‘quali- fied’’; and (II) by adding at the end the fol- lowing: ‘‘(D) QUALIFIED APPLICATION DE- FINED.—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, includ- ing— ‘‘(I) background checks of vic- tims; or † S 1925 ES 149 ‘‘(II) clinical evaluations to deter- mine eligibility for services; ‘‘(iii) reflects an understanding of the dynamics of domestic violence, dating vio- lence, sexual assault, or stalking; and ‘‘(iv) does not propose prohibited ac- tivities, including mandatory services for victims.’’.
SEC.

603.

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

Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C.

14043e et seq.)

is amended— (1) in section 41404(i) (42 U.S.C.

14043e– 3(i)), by striking ‘‘$10,000,000 for each of fiscal years 2007 through 2011’’ and inserting ‘‘$4,000,000 for each of fiscal years 2012 through 2016’’; and (2) in section 41405(g) (42 U.S.C.
14043e– 4(g)), by striking ‘‘$10,000,000 for each of fiscal years 2007 through 2011’’ and inserting ‘‘$4,000,000 for each of fiscal years 2012 through 2016’’.

† S 1925 ES 150 TITLE VII—ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE SEC.

701.

NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMES- TIC AND SEXUAL VIOLENCE.

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

TITLE VIII—PROTECTION OF BATTERED IMMIGRANTS SEC.

801.

U NONIMMIGRANT DEFINITION.

Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(15)(U)(iii)) is amended by inserting ‘‘stalking;’’ after ‘‘sexual exploitation;’’.

SEC.

802.

ANNUAL REPORT ON IMMIGRATION APPLICA- TIONS MADE BY VICTIMS OF ABUSE.
Not later than December 1, 2012, and annually thereafter, the Secretary of Homeland Security shall sub- mit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Rep- resentatives a report that includes the following: (1) The number of aliens who— (A) submitted an application for non- immigrant status under paragraph (15)(T)(i), † S 1925 ES 151 (15)(U)(i), or (51) of section 101(a) of the Im- migration and Nationality Act (8 U.S.C.
1101(a)) during the preceding fiscal year; (B) were granted such nonimmigrant sta- tus during such fiscal year; or (C) were denied such nonimmigrant status during such fiscal year.

(2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.
(3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year.

(4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.

7105(c)(3)) during the pre- ceding fiscal year.


(5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).

† S 1925 ES 152 SEC.

803.

PROTECTION FOR CHILDREN OF VAWA SELF-PE- TITIONERS.

Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C.
1154(l)(2)) is amended— (1) in subparagraph (E), by striking ‘‘or’’ at the end; (2) by redesignating subparagraph (F) as sub- paragraph (G); and (3) by inserting after subparagraph (E) the fol- lowing: ‘‘(F) a child of an alien who filed a pend- ing or approved petition for classification or ap- plication for adjustment of status or other ben- efit specified in section 101(a)(51) as a VAWA self-petitioner; or’’.

SEC.

804.

PUBLIC CHARGE.

Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) is amended by adding at the end the following: 26 ‘‘(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 † S 1925 ES 153 ‘‘(iii) is a qualified alien described in section 431(c) of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1641(c)).’’.

SEC.

805.

REQUIREMENTS APPLICABLE TO U VISAS.

(a) RECAPTURE OF UNUSED U VISAS.—Section 214(p)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(2)) is amended by— (1) in subparagraph (A), by striking ‘‘The num- ber’’ and inserting ‘‘Except as provided in subpara- graph (C), the number’’; and (2) by adding at the end the following: ‘‘(C) Beginning in fiscal year 2012, if the numerical limitation set forth in subparagraph (A) is reached before the end of the fiscal year, up to 5,000 additional visas, of the aggregate number of visas that were available and not issued to nonimmigrants described in section 101(a)(15)(U) in fiscal years 2006 through 2011, may be issued until the end of the fiscal year.’’.
(3) SUNSET DATE.—The amendments made by paragraphs (1) and (2) are repealed on the date on which the aggregate number of visas that were avail- able and not issued in fiscal years 2006 through † S 1925 ES 154 2011 have been issued pursuant to section 214(p)(2)(C) of the Immigration and Nationality Act.

(b) AGE DETERMINATIONS.—Section 214(p) of the Immigration and Nationality Act (8 U.S.C.
1184(p)) is amended by adding at the end the following: ‘‘(7) AGE DETERMINATIONS.— ‘‘(A) CHILDREN.—An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for pur- poses of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s peti- tion was filed but while it was pending.
‘‘(B) PRINCIPAL ALIENS.—An alien de- scribed in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien de- scribed 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.’’.

1 † S 1925 ES SEC.

806.

HARDSHIP WAIVERS.

155 (a) IN GENERAL.—Section 216(c)(4) of the Immigra- tion and Nationality Act (8 U.S.C.
1186a(c)(4)) is amend- ed— (1) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (2) in subparagraph (B), by striking ‘‘(1), or’’ and inserting ‘‘(1); or’’; (3) in subparagraph (C), by striking the period at the end and inserting a semicolon and ‘‘or’’; and (4) by inserting after subparagraph (C) the fol- lowing: ‘‘(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 para- graph (1).’’.
(b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C.
22 1186a(c)(4)), as amended by subsection (a), is further 23 amended— 24 25 (1) in the matter preceding subparagraph (A), by striking ‘‘The Attorney General, in the Attorney † S 1925 ES 156 General’s’’ and inserting ‘‘The Secretary of Home- land Security, in the Secretary’s’’; and (2) in the undesignated paragraph at the end— (A) in the first sentence, by striking ‘‘At- torney General’’ and inserting ‘‘Secretary of Homeland Security’’; (B) in the second sentence, by striking ‘‘Attorney General’’ and inserting ‘‘Secretary’’; (C) in the third sentence, by striking ‘‘At- torney General.’’ and inserting ‘‘Secretary.’’; and (D) in the fourth sentence, by striking ‘‘Attorney General’’ and inserting ‘‘Secretary’’.
SEC.

807.

PROTECTIONS FOR A FIANCE´ E OR FIANCE´ OF A CITIZEN.

(a) IN GENERAL.—Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking ‘‘crime.’’ and inserting ‘‘crime described in paragraph (3)(B) and information on any permanent pro- tection or restraining order issued against the petitioner related to any specified crime de- scribed in paragraph (3)(B)(i).’’; † S 1925 ES 157 (B) in paragraph (2)(A), in the matter preceding clause (i)— (i) by striking ‘‘a consular officer’’ and inserting ‘‘the Secretary of Homeland Security’’; and (ii) by striking ‘‘the officer’’ and in- serting ‘‘the Secretary’’; and (C) in paragraph (3)(B)(i), by striking ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, stalking, or an attempt to commit any such crime.’’; and (2) in subsection (r)— (A) in paragraph (1), by striking ‘‘crime.’’ and inserting ‘‘crime described in paragraph (5)(B) and information on any permanent pro- tection or restraining order issued against the petitioner related to any specified crime de- scribed in subsection (5)(B)(i).’’; and (B) by amending paragraph (4)(B)(ii) to read as follows: ‘‘(ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of † S 1925 ES 158 the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(a)(5)(A)(i)).’’; and (3) in paragraph (5)(B)(i), by striking ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, stalking, or an attempt to commit any such crime.’’.

(b) PROVISION OF INFORMATION TO K NON- IMMIGRANTS.—Section 833 of the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a) is amended— (1) in subsection (a)(5)(A)— (A) in clause (iii)— (i) by striking ‘‘State any’’ and insert- ing ‘‘State, for inclusion in the mailing de- scribed in clause (i), any’’; and (ii) by striking the last sentence; and (B) by adding at the end the following: ‘‘(iv) The Secretary of Homeland Se- curity shall conduct a background check of the National Crime Information Center’s Protection Order Database on each peti- tioner for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C.
1184).

Any ap- propriate information obtained from such background check— † S 1925 ES 159 ‘‘(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 bene- ficiary of a petition referred to in clause (iii); and ‘‘(II) shall not be used or dis- closed for any other purpose unless expressly authorized by law.
‘‘(v) The Secretary of Homeland Se- curity 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 sec- tion 214 of the Immigration and Nation- ality 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 appli- cant’s attention— ‘‘(I) whether the petitioner dis- closed a protection order, a restrain- ing order, or criminal history informa- tion on the visa petition; † S 1925 ES 160 ‘‘(II) the criminal background in- formation and information about any protection order obtained by the Sec- retary of Homeland Security regard- ing the petitioner in the course of ad- judicating the petition; and ‘‘(III) whether the information the petitioner disclosed on the visa pe- tition regarding any previous petitions filed under subsection (d) or (r) of such section 214 is consistent with the information in the multiple visa track- ing database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214.’’; and (2) in subsection (b)(1)(A), by striking ‘‘or’’ after ‘‘orders’’ and inserting ‘‘and’’.
SEC.

808.

REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

(a) IMPLEMENTATION OF THE INTERNATIONAL MAR- RIAGE BROKER ACT OF 2005.— (1) FINDINGS.—Congress finds the following: (A) The International Marriage Broker Act of 2005 (subtitle D of Public Law 109– † S 1925 ES 161 162; 119 Stat.

3066) has not been fully imple- mented with regard to investigating and pros- ecuting violations of the law, and for other pur- poses.
(B) Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for- profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Depart- ment of Justice will investigate and prosecute violations of such Act.
(2) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Attorney Gen- eral shall submit to Congress a report that includes the following: (A) The name of the component of the De- partment of Justice responsible for inves- tigating and prosecuting violations of the Inter- national Marriage Broker Act of 2005 (subtitle D of Public Law 109–162; 119 Stat.

3066) and the amendments made by this Act.


(B) A description of the policies and proce- dures of the Attorney General for consultation with the Secretary of Homeland Security and † S 1925 ES 162 the Secretary of State in investigating and prosecuting such violations.

(b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(a)(2)(H)) is amended by striking ‘‘Federal and State sex offender public registries’’ and in- serting ‘‘the National Sex Offender Public Website’’.

(c) REGULATION OF INTERNATIONAL MARRIAGE BROKERS.—Section 833(d) of the International Marriage 10 Broker Regulation Act of 2005 (8 U.S.C.
1375a(d)) is 11 amended— (1) by amending paragraph (1) to read as fol- lows: ‘‘(1) PROHIBITION ON MARKETING OF OR TO CHILDREN.— ‘‘(A) IN GENERAL.—An international mar- riage 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 inter- national marriage broker shall— † S 1925 ES 163 ‘‘(i) obtain a valid copy of each for- eign 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 cer- tificate or document for 7 years after such date of receipt; and ‘‘(iv) produce such certificate or docu- ment upon request to an appropriate au- thority charged with the enforcement of this paragraph.’’; (2) in paragraph (2)— (A) in subparagraph (A)(i)— (i) in the heading, by striking ‘‘REG- ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; and (ii) by striking ‘‘Registry or State sex offender public registry,’’ and inserting ‘‘Website,’’; and (B) in subparagraph (B)(ii), by striking ‘‘or stalking.’’ and inserting ‘‘stalking, or an at- tempt to commit any such crime.’’; † S 1925 ES 164 (3) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (i), by striking ‘‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Reg- istry, in which the United States client has resided during the previous 20 years,’’ and inserting ‘‘Website’’; and (ii) in clause (iii)(II), by striking ‘‘background information collected by the international marriage broker under para- graph (2)(B);’’ and inserting ‘‘signed cer- tification and accompanying documentation or attestation regarding the background in- formation collected under paragraph (2)(B);’’; and (B) by striking subparagraph (C); (4) in paragraph (5)— (A) in subparagraph (A)(ii), by striking ‘‘A penalty may be imposed under clause (i) by the Attorney General only’’ and inserting ‘‘At the discretion of the Attorney General, a penalty may be imposed
 under clause (i) either by a Federal judge, or by the Attorney General’’; † S 1925 ES 165 (B) by amending subparagraph (B) to read as follows: ‘‘(B) FEDERAL CRIMINAL PENALTIES.— ‘‘(i) FAILURE OF INTERNATIONAL MARRIAGE BROKERS TO COMPLY WITH OB- LIGATIONS.—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 sub- clause (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 at- tempts to violate paragraphs (1), (2), (3), or (4) shall be fined in accord- ance 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 † S 1925 ES 166 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 RE- QUIRED 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 PEN- ALTIES.—The penalties provided in clauses † S 1925 ES 167 (i), (ii), and (iii) are in addition to any other civil or criminal liability under Fed- eral or State law to which a person may be subject for the misuse of information, in- cluding 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 pur- suant to a court order.’’; and (C) in subparagraph (C), by striking the period at the end and inserting ‘‘including equi- table remedies.’’; (5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (6) by inserting after paragraph (5) the fol- lowing: ‘‘(6) ENFORCEMENT.— ‘‘(A) AUTHORITY.—The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecu- tion of civil and criminal penalties provided for by this section.
† S 1925 ES 168 ‘‘(B) CONSULTATION.—The Attorney Gen- eral shall consult with the Director of the Office on Violence Against Women of the Department of Justice to develop policies and public edu- cation designed to promote enforcement of this section.’’.

(d) GAO STUDY AND REPORT.—Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(f)) is amended— (1) in the subsection heading, by striking ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES AND REPORTS.—’’; and (2) by adding at the end the following: ‘‘(4) CONTINUING IMPACT STUDY AND RE- PORT.— ‘‘(A) STUDY.—The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of sec- tion of 214 of the Immigration and Nationality Act (8 U.S.C.
1184) on the process for grant- ing 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 † S 1925 ES 169 Against Women Reauthorization Act of 2012, 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 re- sults of the study conducted under subpara- graph (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 para- graph (1)(A).’’.

SEC.

809.

ELIGIBILITY OF CRIME AND TRAFFICKING VIC- TIMS IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO ADJUST STATUS.

Section 705(c) of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 48 U.S.C.
1806 note), is amended by striking ‘‘except that,’’ and all that follows through the end, and inserting the following: ‘‘except that— 23 24 25 ‘‘(1) for the purpose of determining whether an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration † S 1925 ES 170 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 subpara- graph (T) or (U) of section 101(a)(15) of the Immi- gration 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 appli- cation, shall be considered as equivalent to presence in the United States pursuant to a nonimmigrant admission in such status.’’.

SEC.

810.

DIVERSITY IMMIGRANT VISA PETITION FEE.


(a) REQUIREMENT FOR FEE.—Section 204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C.

1154(a)(1)(I)) is amended by adding at the end the fol- lowing: 24 25 ‘‘(iv) Each petition filed under this subparagraph shall include a petition fee in the amount of $30.’’.
† S 1925 ES 171 (b) DEPOSIT OF FEE.— (1) IN GENERAL.—For purposes of fees col- lected pursuant to clause (iv) of section 204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(I)), as added by subsection (a), a portion of such funds shall be transferred to and deposited in the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund es- tablished under section 201 of the Social Security Act (42 U.S.C.
401) (referred to in this section as the ‘‘Trust Funds’’), at such times and in such man- ner as is determined appropriate by the Secretary of the Treasury, in such amounts as are equal to the increases in disbursements from the Trust Funds by reason of the application of section 805(a).
(2) REMAINDER.—To the extent the total amount collected pursuant to clause (iv) of section 204(a)(1)(I) of the Immigration and Nationality Act exceeds the total amount transferred to the Trust Funds pursuant to paragraph (1), such excess amount shall not be available for obligation and shall be deposited, in its entirety, in the general fund of the Treasury.
(c) SUNSET OF FEES.—The fees collected pursuant to clause (iv) of section 204(a)(1)(I) of the Immigration † S 1925 ES 172 and Nationality Act (8 U.S.C.

1154(a)(1)(I)), as added by subsection (a), shall apply only to petitions filed before December 31, 2015.

SEC.

811.

BUDGETARY EFFECTS.


The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, pro- vided that such statement has been submitted prior to the vote on passage.

13 SEC.
SEC.

812.

DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY PURPOSES.

(a) INFORMATION SHARING.—Section 384(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1367(b)) is amended— (1) in paragraph (1)— (A) by inserting ‘‘Secretary of Homeland Security or the’’ before ‘‘Attorney General may’’; and (B) by inserting ‘‘Secretary’s or the’’ be- fore ‘‘Attorney General’s discretion’’; (2) in paragraph (2)— † S 1925 ES 173 (A) by inserting ‘‘Secretary of Homeland Security or the’’ before ‘‘Attorney General may’’; (B) by inserting ‘‘Secretary or the’’ before ‘‘Attorney General for’’; and (C) by inserting ‘‘in a manner that pro- tects the confidentiality of such information’’ after ‘‘law enforcement purpose’’; (3) in paragraph (5), by striking ‘‘Attorney General is’’ and inserting ‘‘Secretary of Homeland Security and the Attorney General are’’; and (4) by adding at the end a new paragraph as follows: ‘‘(8) Notwithstanding subsection (a)(2), the Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in the discretion of either such Secretary or the Attorney General for the disclosure of information to national security officials to be used solely for a national se- curity purpose in a manner that protects the con- fidentiality of such information.’’.
(b) GUIDELINES.—Section 384(d) of the Illegal Im- migration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1367(d)) is amended— † S 1925 ES 174 (1) by inserting ‘‘, Secretary of State,’’ after ‘‘The Attorney General’’; (2) by inserting ‘‘, Department of State,’’ after ‘‘Department of Justice’’; and (3) by inserting ‘‘and severe forms of traf- ficking in persons or criminal activity listed in sec- tion 101(a)(15)(U) of the Immigration and Nation- ality Act (8 U.S.C.

1101(a)(15)(u))’’ after ‘‘domestic violence’’.


(c) IMPLEMENTATION.—Not later than 180 days after the date of the enactment of this Act, the Attorney General, the Secretary of State, and Secretary of Home- land Security shall provide the guidance required by sec- tion 384(d) of the Illegal Immigration Reform and Immi- grant Responsibility Act of 1996 (8 U.S.C.

1367(d)), con- sistent with the amendments made by subsections (a) and (b).
18 19 20 21 (d) CLERICAL AMENDMENT.—Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsi- bility Act of 1986 is amended by striking ‘‘241(a)(2)’’ in the matter following subparagraph (F) and inserting 22 ‘‘237(a)(2)’’.

† S 1925 ES 175 TITLE IX—SAFETY FOR INDIAN WOMEN SEC.

901.

GRANTS TO INDIAN TRIBAL GOVERNMENTS.

Section 2015(a) of title I of the Omnibus Crime Con- trol and Safe Streets Act of 1968 (42 U.S.C.
3796gg– 10(a)) is amended— (1) in paragraph (2), by inserting ‘‘sex traf- ficking,’’ after ‘‘sexual assault,’’; (2) in paragraph (4), by inserting ‘‘sex traf- ficking,’’ after ‘‘sexual assault,’’; (3) in paragraph (5), by striking ‘‘and stalking’’ and all that follows and inserting ‘‘sexual assault, sex trafficking, and stalking;’’; (4) in paragraph (7)— (A) by inserting ‘‘sex trafficking,’’ after ‘‘sexual assault,’’ each place it appears; and (B) by striking ‘‘and’’ at the end; (5) in paragraph (8)— (A) by inserting ‘‘sex trafficking,’’ after ‘‘stalking,’’; and (B) by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following: ‘‘(9) provide services to address the needs of youth who are victims of domestic violence, dating † S 1925 ES 176 violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to do- mestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing par- ent or the caretaker of the youth or child; and ‘‘(10) develop and promote legislation and poli- cies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking.’’.
SEC.

902.

GRANTS TO INDIAN TRIBAL COALITIONS.

Section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg) is amended by striking subsection (d) and inserting the fol- lowing: ‘‘(d) TRIBAL COALITION GRANTS.— ‘‘(1) PURPOSE.—The Attorney General shall award a grant to tribal coalitions for purposes of— ‘‘(A) increasing awareness of domestic vio- lence 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 † S 1925 ES 177 communities to enhance access to essential serv- ices 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 legisla- tion and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic vio- lence, dating violence, sexual assault, sex traf- ficking, 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 coa- lition under section 40002(a) of the Vio- lence Against Women Act of 1994 (42 U.S.C.
13925(a)); ‘‘(ii) is recognized by the Office on Vi- olence Against Women; and ‘‘(iii) provides services to Indian tribes; and ‘‘(B) organizations that propose to incor- porate and operate a tribal coalition in areas † S 1925 ES 178 where Indian tribes are located but no tribal co- alition exists.
‘‘(3) USE OF AMOUNTS.—For each of fiscal years 2012 through 2016, of the amounts appro- priated 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 or- ganizations determined by the Attorney General to be qualified apply; ‘‘(B) not less than 90 percent shall be made available to tribal coalitions described in paragraph (2)(A), which amounts shall be dis- tributed equally among each eligible tribal coali- tion for the applicable fiscal year.
‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Re- ceipt 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 coali- tion or organization described in paragraph (2) from applying for funding to address sexual assault or do- mestic violence needs in the same application.’’.
† S 1925 ES SEC.

903.

CONSULTATION.

179 Section 903 of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 (42 U.S.C.
14045d) is amended— (1) in subsection (a)— (A) by striking ‘‘and the Violence Against Women Act of 2000’’ and inserting ‘‘, the Vio- lence Against Women Act of 2000’’; and (B) by inserting ‘‘, and the Violence Against Women Reauthorization Act of 2011’’ before the period at the end; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘Secretary of the Department of Health and Human Services’’ and inserting ‘‘Secretary of Health and Human Services, the Secretary of the Interior,’’; and (B) in paragraph (2), by striking ‘‘and stalking’’ and inserting ‘‘stalking, and sex traf- ficking’’; and (3) by adding at the end the following: ‘‘(c) ANNUAL REPORT.—The Attorney General shall submit to Congress an annual report on the annual con- sultations required under subsection (a) that— † S 1925 ES 180 ‘‘(1) contains the recommendations made under subsection (b) by Indian tribes during the year cov- ered by the report; ‘‘(2) describes actions taken during the year covered by the report to respond to recommenda- tions 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 rec- ommendations 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.’’.

17 SEC.

904.

TRIBAL JURISDICTION OVER CRIMES OF DOMES- TIC VIOLENCE.

Title II of Public Law 90–284 (25 U.S.C.

1301 et seq.)

(commonly known as the ‘‘Indian Civil Rights Act of 1968’’) is amended by adding at the end the following: ‘‘SEC.

204.
204.

TRIBAL JURISDICTION OVER CRIMES OF DOMES- TIC VIOLENCE.

‘‘(a) DEFINITIONS.—In this section: † S 1925 ES 181 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio- lence’ means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relation- ship, and the frequency of interaction between the persons involved in the relationship.
‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes- tic violence’ means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or inti- mate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs.
‘‘(3) INDIAN COUNTRY.—The term ‘Indian country’ has the meaning given the term in section 1151 of title 18, United States Code.

‘‘(4) PARTICIPATING TRIBE.—The term ‘partici- pating tribe’ means an Indian tribe that elects to ex- ercise special domestic violence criminal jurisdiction over the Indian country of that Indian tribe.
† S 1925 ES 182 ‘‘(5) PROTECTION ORDER.—The term ‘protec- tion order’— ‘‘(A) means any injunction, restraining order, or other order issued by a civil or crimi- nal court for the purpose of preventing violent or threatening acts or harassment against, sex- ual violence against, contact or communication with, or physical proximity to, another person; and ‘‘(B) includes any temporary or final order issued by a civil or criminal court, whether ob- tained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION.—The term ‘special domestic violence criminal jurisdiction’ means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise.

‘‘(7) SPOUSE OR INTIMATE PARTNER.—The term ‘spouse or intimate partner’ has the meaning given the term in section 2266 of title 18, United States Code.
† S 1925 ES 183 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law, in addition to all powers of self-gov- ernment recognized and affirmed by sections 201 and 203, the powers of self-government of a partici- pating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons.
‘‘(2) CONCURRENT JURISDICTION.—The exer- cise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both.
‘‘(3) APPLICABILITY.—Nothing in this sec- tion— ‘‘(A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; or ‘‘(B) affects the authority of the United States or any State government that has been delegated authority by the United States to in- vestigate and prosecute a criminal violation in Indian country.
‘‘(4) EXCEPTIONS.— † S 1925 ES 184 ‘‘(A) VICTIM AND DEFENDANT ARE BOTH NON-INDIANS.— ‘‘(i) IN GENERAL.—A participating tribe may not exercise special domestic vio- lence criminal jurisdiction over an alleged offense if neither the defendant nor the al- leged victim is an Indian.
‘‘(ii) DEFINITION OF VICTIM.—In this subparagraph and with respect to a crimi- nal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a violation of a protection order, the term ‘victim’ means a person specifically protected by a protec- tion order that the defendant allegedly vio- lated.
‘‘(B) DEFENDANT LACKS TIES TO THE IN- DIAN TRIBE.—A participating tribe may exer- cise special domestic violence criminal jurisdic- tion over a defendant only if the defendant— ‘‘(i) resides in the Indian country of the participating tribe; ‘‘(ii) is employed in the Indian coun- try of the participating tribe; or † S 1925 ES 185 ‘‘(iii) is a spouse, intimate partner, or dating partner of— ‘‘(I) a member of the partici- pating tribe; or ‘‘(II) an Indian who resides in the Indian country of the partici- pating tribe.
‘‘(c) CRIMINAL CONDUCT.—A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories: ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO- LENCE.—An act of domestic violence or dating vio- lence that occurs in the Indian country of the par- ticipating tribe.
‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— An act that— ‘‘(A) occurs in the Indian country of the participating tribe; and ‘‘(B) violates the portion of a protection order that— ‘‘(i) prohibits or provides protection against violent or threatening acts or har- assment against, sexual violence against, † S 1925 ES 186 contact or communication with, or physical proximity to, another person; ‘‘(ii) was issued against the defend- ant; ‘‘(iii) is enforceable by the partici- pating tribe; and ‘‘(iv) is consistent with section 2265(b) of title 18, United States Code.
‘‘(d) RIGHTS OF DEFENDANTS.—In a criminal pro- ceeding in which a participating tribe exercises special do- mestic violence criminal jurisdiction, the participating tribe shall provide to the defendant— ‘‘(1) all applicable rights under this Act; ‘‘(2) if a term of imprisonment of any length may be imposed, all rights described in section 202(c); ‘‘(3) the right to a trial by an impartial jury that is drawn from sources that— ‘‘(A) reflect a fair cross section of the com- munity; and ‘‘(B) do not systematically exclude any dis- tinctive group in the community, including non- Indians; and ‘‘(4) all other rights whose protection is nec- essary under the Constitution of the United States † S 1925 ES 187 in order for Congress to recognize and affirm the in- herent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant.
‘‘(e) PETITIONS TO STAY DETENTION.— ‘‘(1) IN GENERAL.—A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 203 may petition that court to stay further detention of that person by the participating tribe.
‘‘(2) GRANT OF STAY.—A court shall grant a stay described in paragraph (1) if the court— ‘‘(A) finds that there is a substantial likeli- hood that the habeas corpus petition will be granted; and ‘‘(B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under condi- tions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released.
‘‘(3) NOTICE.—An Indian tribe that has or- dered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section 203.
† S 1925 ES 188 ‘‘(f) GRANTS TO TRIBAL GOVERNMENTS.—The At- torney General may award grants to the governments of Indian tribes (or to authorized designees of those govern- ments)— ‘‘(1) to strengthen tribal criminal justice sys- tems to assist Indian tribes in exercising special do- mestic violence criminal jurisdiction, including— ‘‘(A) law enforcement (including the capac- ity of law enforcement or court personnel to enter information into and obtain information from national crime information databases); ‘‘(B) prosecution; ‘‘(C) trial and appellate courts; ‘‘(D) probation systems; ‘‘(E) detention and correctional facilities; ‘‘(F) alternative rehabilitation centers; ‘‘(G) culturally appropriate services and assistance for victims and their families; and ‘‘(H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; ‘‘(2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal pro- ceedings in which a participating tribe prosecutes a † S 1925 ES 189 crime of domestic violence or dating violence or a criminal violation of a protection order; ‘‘(3) to ensure that, in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and ‘‘(4) to accord victims of domestic violence, dat- ing violence, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom.
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local gov- ernment amounts made available to carry out activities de- scribed in this section.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for each of fiscal years 2012 through 2016 to carry out subsection (f) and to provide training, technical assistance, data col- lection, and evaluation of the criminal justice systems of 23 participating tribes.’’.

† S 1925 ES SEC.

905.

TRIBAL PROTECTION ORDERS.
190 (a) IN GENERAL.—Section 2265 of title 18, United States Code, is amended by striking subsection (e) and inserting the following: ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders in- volving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude vio- lators 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.’’.
(b) APPLICABILITY.—Nothing in this Act, including an amendment made by this Act, alters or modifies the jurisdiction or authority of an Indian tribe in the State of Alaska under section 2265(e) of title 18, United States Code (as in effect on the day before the date of enactment of this Act).

20 21 22 SEC.

906.

AMENDMENTS TO THE FEDERAL ASSAULT STAT- UTE.
(a) IN GENERAL.—Section 113 of title 18, United 23 States Code, is amended— 24 25 26 (1) in subsection (a)— (A) by striking paragraph (1) and insert- ing the following: † S 1925 ES 191 ‘‘(1) Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.’’; (B) in paragraph (2), by striking ‘‘felony under chapter 109A’’ and inserting ‘‘violation of section 2241 or 2242’’; (C) in paragraph (3) by striking ‘‘and without just cause or excuse,’’; (D) in paragraph (4), by striking ‘‘six months’’ and inserting ‘‘1 year’’; (E) in paragraph (7)— (i) by striking ‘‘substantial bodily in- jury to an individual who has not attained the age of 16 years’’ and inserting ‘‘sub- stantial bodily injury to a spouse or inti- mate partner, a dating partner, or an indi- vidual who has not attained the age of 16 years’’; and (ii) by striking ‘‘fine’’ and inserting ‘‘a fine’’; and (F) by adding at the end the following: ‘‘(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or at- tempting to strangle or suffocate, by a fine under † S 1925 ES 192 this title, imprisonment for not more than 10 years, or both.’’; and (2) in subsection (b)— (A) by striking ‘‘(b) As used in this sub- section—’’ and inserting the following: ‘‘(b) DEFINITIONS.—In this section—’’; (B) in paragraph (1)(B), by striking ‘‘and’’ at the end; (C) in paragraph (2), by striking the pe- riod at the end and inserting a semicolon; and (D) by adding at the end the following: ‘‘(3) the terms ‘dating partner’ and ‘spouse or intimate partner’ have the meanings given those terms in section 2266; ‘‘(4) the term ‘strangling’ means intentionally, knowingly, or recklessly impeding the normal breath- ing or circulation of the blood of a person by apply- ing 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 in- jure the victim; and ‘‘(5) the term ‘suffocating’ means intentionally, knowingly, or recklessly impeding the normal breath- ing of a person by covering the mouth of the person, the nose of the person, or both, regardless of wheth- † S 1925 ES 193 er that conduct results in any visible injury or whether there is any intent to kill or protractedly in- jure the victim.’’.
(b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 18, United States Code, is amended by striking ‘‘assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury (as de- fined in section 1365 of this title)’’ and inserting ‘‘a felony assault under section 113’’.

(c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) of title 18, United States Code, is amended by inserting 12 ‘‘or tribal’’ after ‘‘State’’.

13 14 15 16 17 SEC.

907.
SEC.

907.

ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.

(a) IN GENERAL.—Section 904(a) of the Violence Against Women and Department of Justice Reauthoriza- tion Act of 2005 (42 U.S.C.
3796gg–10 note) is amend- 18 ed— (1) in paragraph (1)— (A) by striking ‘‘The National’’ and insert- ing ‘‘Not later than 2 years after the date of enactment of the Violence Against Women Re- authorization Act of 2011, the National’’; and (B) by inserting ‘‘and in Native villages (as defined in section 3 of the Alaska Native † S 1925 ES 194 Claims Settlement Act (43 U.S.C.
1602))’’ be- fore the period at the end; (2) in paragraph (2)(A)— (A) in clause (iv), by striking ‘‘and’’ at the end; (B) in clause (v), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(vi) sex trafficking.’’; (3) in paragraph (4), by striking ‘‘this Act’’ and inserting ‘‘the Violence Against Women Reauthoriza- tion Act of 2011’’; and (4) in paragraph (5), by striking ‘‘this section $1,000,000 for each of fiscal years 2007 and 2008’’ and inserting ‘‘this subsection $1,000,000 for each of fiscal years 2012 and 2013’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 905(b)(2) of the Violence Against Women and Depart- ment of Justice Reauthorization Act of 2005 (28 U.S.C.

534 note) is amended by striking ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal years 2012 through 2016’’.

23 24 25 SEC.

908.

EFFECTIVE DATES; PILOT PROJECT.


(a) GENERAL EFFECTIVE DATE.—Except as pro- vided in section 4 and subsection (b) of this section, the † S 1925 ES 195 amendments made by this title shall take effect on the date of enactment of this Act.
(b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO- LENCE CRIMINAL JURISDICTION.— (1) IN GENERAL.—Except as provided in para- graph (2), subsections (b) through (d) of section 204 of Public Law 90–284 (as added by section 904) shall take effect on the date that is 2 years after the date of enactment of this Act.
(2) PILOT PROJECT.— (A) IN GENERAL.—At any time during the 2-year period beginning on the date of enact- ment of this Act, an Indian tribe may ask the Attorney General to designate the tribe as a participating tribe under section 204(a) of Pub- lic Law 90–284 on an accelerated basis.
(B) PROCEDURE.—The Attorney General may grant a request under subparagraph (A) after coordinating with the Secretary of the In- terior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204 of Public Law 90–284.
† S 1925 ES 196 (C) EFFECTIVE DATES FOR PILOT PROJECTS.—An Indian tribe designated as a participating tribe under this paragraph may commence exercising special domestic violence criminal jurisdiction pursuant to subsections (b) through (d) of section 204 of Public Law 90– 284 on a date established by the Attorney Gen- eral, after consultation with that Indian tribe, but in no event later than the date that is 2 years after the date of enactment of this Act.
SEC.

909.

INDIAN LAW AND ORDER COMMISSION; REPORT ON THE ALASKA RURAL JUSTICE AND LAW ENFORCEMENT COMMISSION.

(a) IN GENERAL.—Section 15(f) of the Indian Law Enforcement Reform Act (25 U.S.C.

2812(f)) is amended by striking ‘‘2 years’’ and inserting ‘‘3 years’’.
(b) REPORT.—The Attorney General, in consultation with the Attorney General of the State of Alaska, the Commissioner of Public Safety of the State of Alaska, the Alaska Federation of Natives and Federally recognized In- dian tribes in the State of Alaska, shall report to Congress not later than one year after enactment of this Act with respect to whether the Alaska Rural Justice and Law En- forcement Commission established under Section 25 112(a)(1) of the Consolidated Appropriations Act, 2004 † S 1925 ES 197 should be continued and appropriations authorized for the continued work of the commission.
The report may con- tain recommendations for legislation with respect to the scope of work and composition of the commission.

SEC.

910.

LIMITATION.

Nothing in this Act or any amendment made by this Act limits, alters, expands, or diminishes the civil or crimi- nal jurisdiction of the State of Alaska, any subdivision of the State of Alaska, or any Indian tribe in the State of 10 Alaska.

11 12 13 14 15 TITLE X—OTHER MATTERS SEC.

1001.

CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.
(a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 2243(b) of title 18, United States Code, is amended to 16 read as follows: ‘‘(b) OF A WARD.— ‘‘(1) OFFENSES.— ‘‘(A) IN GENERAL.—It shall be unlawful for any person to knowingly engage, or know- ingly attempt to engage, in a sexual act with another person who is— ‘‘(i) in official detention or under offi- cial supervision or other official control of, the United States— † S 1925 ES 198 ‘‘(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 au- thority of the person engaging or attempt- ing 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 di- † S 1925 ES 199 rection of, or pursuant to a contract or agreement with, the United States.
‘‘(B) SEXUAL CONTACT.—It shall be un- lawful for any person to knowingly engage in sexual contact with, or cause sexual contact by, another person, if to do so would violate sub- paragraph (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, impris- oned 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 ter- ritorial 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 † S 1925 ES 200 this title, imprisoned for not more than 2 years, or both.’’.

(b) PENALTIES FOR SEXUAL ABUSE.— (1) IN GENERAL.—Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ‘‘§ 250.
Penalties for sexual abuse ‘‘(a) OFFENSE.—It shall be unlawful for any person, in the course of committing an offense under this chapter or under section 901 of the Fair Housing Act (42 U.S.C.

3631) to engage in conduct that would constitute an of- fense under chapter 109A if committed in the special mar- itime and territorial jurisdiction of the United States.
‘‘(b) PENALTIES.—A person that violates subsection (a) shall be subject to the penalties under the provision of chapter 109A that would have been violated if the con- duct was committed in the special maritime and territorial jurisdiction of the United States, unless a greater penalty is otherwise authorized by law.’’.

(2) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 13 of title 18, United States Code, is amended by adding at the end the following: ‘‘250.
Penalties for sexual abuse.’’.

† S 1925 ES 201 SEC.

1002.

SEXUAL ABUSE IN CUSTODIAL SETTINGS.

(a) SUITS BY PRISONERS.—Section 7(e) of the Civil Rights of Institutionalized Persons Act (42 U.S.C.

1997e(e)) is amended by inserting before the period at the end the following: ‘‘or the commission of a sexual act (as defined in section 2246 of title 18, United States Code)’’.
(b) UNITED STATES AS DEFENDANT.—Section 1346(b)(2) of title 28, United States Code, is amended by inserting before the period at the end the following: 10 ‘‘or the commission of a sexual act (as defined in section 11 2246 of title 18)’’.

12 (c) ADOPTION AND EFFECT OF NATIONAL STAND- ARDS.—Section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C.
15607) is amended— (1) by redesignating subsection (c) as sub- section (e); and (2) by inserting after subsection (b) the fol- lowing: ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP- ERATED BY THE DEPARTMENT OF HOMELAND SECU- 21 RITY.— 22 23 24 25 26 ‘‘(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, pre- † S 1925 ES 202 vention, reduction, and punishment of rape and sex- ual 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 facili- ties operated by the Department of Homeland Secu- rity and to detention facilities operated under con- tract with the Department.
‘‘(3) COMPLIANCE.—The Secretary of Home- land 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 com- pleted by the Department of Homeland Secu- rity.
‘‘(4) CONSIDERATIONS.—In adopting standards under paragraph (1), the Secretary of Homeland Se- curity shall give due consideration to the rec- ommended national standards provided by the Com- mission under section 7(e).
‘‘(5) DEFINITION.—As used in this section, the term ‘detention facilities operated under contract † S 1925 ES 203 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 Secu- rity.
‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP- ERATED 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— † S 1925 ES 204 ‘‘(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 com- pleted by the Department of Health and Human Services.
‘‘(4) CONSIDERATIONS.—In adopting standards under paragraph (1), the Secretary of Health and Human Services shall give due consideration to the recommended national standards provided by the Commission under section 7(e).’’.

SEC.

1003.

ANONYMOUS ONLINE HARASSMENT.

Section 223(a)(1) of the Communications Act of 1934 (47 U.S.C.
223(a)(1)) is amended— (1) in subparagraph (A), in the undesignated matter following clause (ii), by striking ‘‘annoy,’’; (2) in subparagraph (C)— (A) by striking ‘‘annoy,’’; and (B) by striking ‘‘harass any person at the called number or who receives the communica- tion’’ and inserting ‘‘harass any specific per- son’’; and (3) in subparagraph (E), by striking ‘‘harass any person at the called number or who receives the † S 1925 ES 205 communication’’ and inserting ‘‘harass any specific person’’.
SEC.

1004.

STALKER DATABASE.

Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C.

14032) is amended by striking ‘‘$3,000,000’’ and all that follows and inserting ‘‘$3,000,000 for fiscal years 2012 through 2016.’’.

SEC.

1005.

FEDERAL VICTIM ASSISTANTS REAUTHORIZA- TION.

Section 40114 of the Violence Against Women Act of 1994 (Public Law 103–322; 108 Stat.

1910) is amend- ed by striking ‘‘fiscal years 2007 through 2011’’ and in- serting ‘‘fiscal years 2012 through 2016’’.

SEC.

1006.
SEC.

1006.

CHILD ABUSE TRAINING PROGRAMS FOR JUDI- CIAL PERSONNEL AND PRACTITIONERS RE- AUTHORIZATION.

Subtitle C of the Victims of Child Abuse Act of 1990 (42 U.S.C.

13024) is amended in subsection (a) by strik- ing ‘‘$2,300,000’’ and all that follows and inserting ‘‘$2,300,000 for each of fiscal years 2012 through 2016.’’.

SEC.

1007.

MANDATORY MINIMUM SENTENCE.


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

1 † S 1925 ES SEC.

1008.

REMOVAL OF DRUNK DRIVERS.

206 (a) IN GENERAL.—Section 101(a)(43)(F) of the Im- migration and Nationality Act (8 U.S.C.
1101(a)(43)(F)) is amended by striking ‘‘for which the term of imprison- ment’’ and inserting ‘‘, including a third drunk driving conviction, regardless of the States in which the convic- tions occurred or whether the offenses are classified as misdemeanors or felonies under State or Federal law, for which the term of imprisonment is’’.
(b) EFFECTIVE DATE.—The amendment made by 11 subsection (a) shall— 12 13 (1) take effect on the date of the enactment of this Act; and Passed the Senate April 26, 2012.

Attest: Secretary.

† S 1925 ES 2 D S E S S I O N 1 1 2 T H C O N G R E S S S .

1 9 2 5 1 9 9 4 .

 T