112TH CONGRESS 

2D SESSION S. 1925 

AN ACT 

To reauthorize the Violence Against Women Act of 1994. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Violence Against 

3 Women Reauthorization Act of 2012’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Universal definitions and grant conditions. 

Sec. 4. Effective date. 

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS 

TO COMBAT VIOLENCE AGAINST WOMEN 

Sec. 101. Stop grants. 

Sec. 102. Grants to encourage arrest policies and enforcement of protection orders. 

Sec. 103. Legal assistance for victims. 

Sec. 104. Consolidation of grants to support families in the justice system. 

Sec. 105. Sex offender management. 

Sec. 106. Court-appointed special advocate program. 

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

Sec. 108. Outreach and services to underserved populations grant. 

Sec. 109. Culturally specific services grant. 

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 201. Sexual assault services program. 

Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and 

child abuse enforcement assistance. 

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

grants. 

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

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 301. Rape prevention and education grant. 

Sec. 302. Creating hope through outreach, options, services, and education for 

children and youth. 

Sec. 303. Grants to combat violent crimes on campuses. 

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

TITLE IV—VIOLENCE REDUCTION PRACTICES 

Sec. 401. Study conducted by the Centers for Disease Control and Prevention. 
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Sec. 402. Saving money and reducing tragedies through prevention grants. 

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, AND STALKING 

Sec. 501. Consolidation of grants to strengthen the healthcare system’s response to domestic violence, dating violence, sexual assault, and 

stalking. 

TITLE VI—SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 601. Housing protections for victims of domestic violence, dating violence, 

sexual assault, and stalking. 

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

Sec. 603. Addressing the housing needs of victims of domestic violence, dating 

violence, sexual assault, and stalking. 

TITLE VII—ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE 

Sec. 701. National Resource Center on Workplace Responses to assist victims 

of domestic and sexual violence. 

TITLE VIII—PROTECTION OF BATTERED IMMIGRANTS 

Sec. 801. U nonimmigrant definition. 

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

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

Sec. 804. Public charge. 

Sec. 805. Requirements applicable to U visas. 

Sec. 806. Hardship waivers. 

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

Sec. 808. Regulation of international marriage brokers. 

Sec. 809. Eligibility of crime and trafficking victims in the Commonwealth of 

the Northern Mariana Islands to adjust status. 

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 Justice and Law Enforcement Commission. 

Sec. 910. Limitation. 

TITLE X—OTHER MATTERS 

Sec. 1001. Criminal provisions relating to sexual abuse. 
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Sec. 1002. Sexual abuse in custodial settings. 

Sec. 1003. Anonymous online harassment. 

Sec. 1004. Stalker database. 

Sec. 1005. Federal victim assistants reauthorization. 

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

Sec. 1007. Mandatory minimum sentence. 

Sec. 1008. Removal of drunk drivers. 

1 SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS. 

2 (a) DEFINITIONS.—Subsection (a) of section 40002 

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

4 13925(a)) is amended— 

5 (1) by redesignating— 

6 (A) paragraph (1) as paragraph (2); 

7 (B) paragraph (2) as paragraph (3); 

8 (C) paragraphs (3) and (4) as paragraphs 

9 (4) and (5), respectively; 

10 (D) paragraphs (6) through (9) as para11 graphs (8) through (11), respectively; 

12 (E) paragraphs (10) through (16) as para13 graphs (13) through (19), respectively; 

14 (F) paragraph (18) as paragraph (20); 

15 (G) paragraphs (19) and (20) as para16 graphs (23) and (24), respectively; 

17 (H) paragraphs (21) through (23) as para18 graphs (26) through (28), respectively; 

19 (I) paragraphs (24) through (33) as para20 graphs (30) through (39), respectively; 
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1 (J) paragraphs (34) and (35) as para2 graphs (43) and (44); and 

3 (K) paragraph (37) as paragraph (45); 

4 (2) by inserting before paragraph (2), as redes5 ignated, the following: 

6 ‘‘(1) ALASKA NATIVE VILLAGE.—The term 

7 ‘Alaska Native village’ has the same meaning given 

8 such term in the Alaska Native Claims Settlement 

9 Act (43 U.S.C. 1601 et seq.).’’; 

10 (3) in paragraph (3), as redesignated, by strik11 ing ‘‘serious harm.’’ and inserting ‘‘serious harm to 

12 an unemancipated minor.’’; 

13 (4) in paragraph (4), as redesignated, by strik14 ing ‘‘The term’’ through ‘‘that—’’ and inserting 

15 ‘‘The term ‘community-based organization’ means a 

16 nonprofit, nongovernmental, or tribal organization 

17 that serves a specific geographic community that— 

18 ’’; 

19 (5) by striking paragraph (5), as in effect be20 fore the amendments made by this subsection; 

21 (6) by inserting after paragraph (7), as redesig22 nated, the following: 

23 ‘‘(6) CULTURALLY SPECIFIC SERVICES.—The 

24 term ‘culturally specific services’ means community25 based services that include culturally relevant and 
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1 linguistically specific services and resources to cul2 turally specific communities. 

3 ‘‘(7) CULTURALLY SPECIFIC.—The term ‘cul4 turally specific’ means primarily directed toward ra5 cial and ethnic minority groups (as defined in sec6 tion 1707(g) of the Public Health Service Act (42 

7 U.S.C. 300u–6(g)).’’; 

8 (7) in paragraph (8), as redesignated, by insert9 ing ‘‘or intimate partner’’ after ‘‘former spouse’’ and 

10 ‘‘as a spouse’’; 

11 (8) by inserting after paragraph (11), as redes12 ignated, the following: 

13 ‘‘(12) HOMELESS.—The term ‘homeless’ has 

14 the meaning provided in 42 U.S.C. 14043e–2(6).’’; 

15 (9) in paragraph (18), as redesignated, by in16 serting ‘‘or Village Public Safety Officers’’ after 

17 ‘‘government victim service programs; 

18 (10) in paragraph (21), as redesignated, by in19 serting at the end the following: 

20 ‘‘Intake or referral, by itself, does not constitute 

21 legal assistance.’’; 

22 (11) by striking paragraph (17), as in effect be23 fore the amendments made by this subsection; 

24 (12) by amending paragraph (20), as redesig25 nated, to read as follows: 
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1 ‘‘(20) PERSONALLY IDENTIFYING INFORMATION

2 OR PERSONAL INFORMATION.—The term ‘personally 

3 identifying information’ or ‘personal information’ 

4 means individually identifying information for or 

5 about an individual including information likely to 

6 disclose the location of a victim of domestic violence, 

7 dating violence, sexual assault, or stalking, regard8 less of whether the information is encoded, 

9 encrypted, hashed, or otherwise protected, includ10 ing— 

11 ‘‘(A) a first and last name; 

12 ‘‘(B) a home or other physical address; 

13 ‘‘(C) contact information (including a post14 al, e-mail or Internet protocol address, or tele15 phone or facsimile number); 

16 ‘‘(D) a social security number, driver li17 cense number, passport number, or student 

18 identification number; and 

19 ‘‘(E) any other information, including date 

20 of birth, racial or ethnic background, or reli21 gious affiliation, that would serve to identify 

22 any individual.’’; 

23 (13) by inserting after paragraph (20), as re24 designated, the following: 
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1 ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— 

2 The term ‘population specific organization’ means a 

3 nonprofit, nongovernmental organization that pri4 marily serves members of a specific underserved 

5 population and has demonstrated experience and ex6 pertise providing targeted services to members of 

7 that specific underserved population. 

8 ‘‘(22) POPULATION SPECIFIC SERVICES.—The 

9 term ‘population specific services’ means victim-cen10 tered services that address the safety, health, eco11 nomic, legal, housing, workplace, immigration, con12 fidentiality, or other needs of victims of domestic vi13 olence, dating violence, sexual assault, or stalking, 

14 and that are designed primarily for and are targeted 

15 to a specific underserved population.’’; 

16 (14) in paragraph (23), as redesignated, by 

17 striking ‘‘services’’ and inserting ‘‘assistance’’; 

18 (15) by inserting after paragraph (24), as re19 designated, the following: 

20 ‘‘(25) RAPE CRISIS CENTER.—The term ‘rape 

21 crisis center’ means a nonprofit, nongovernmental, 

22 or tribal organization, or governmental entity in a 

23 State other than a Territory that provides interven24 tion and related assistance, as specified in 42 U.S.C. 

25 14043g(b)(2)(C), to victims of sexual assault with-
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1 out regard to their age. In the case of a govern2 mental entity, the entity may not be part of the 

3 criminal justice system (such as a law enforcement 

4 agency) and must be able to offer a comparable level 

5 of confidentiality as a nonprofit entity that provides 

6 similar victim services.’’; 

7 (16) in paragraph (26), as redesignated— 

8 (A) in subparagraph (A), by striking ‘‘or’’ 

9 after the semicolon; 

10 (B) in subparagraph (B), by striking the 

11 period and inserting ‘‘; or’’; and 

12 (C) by inserting at the end the following: 

13 ‘‘(C) any federally recognized Indian 

14 tribe.’’; 

15 (17) in paragraph (27), as redesignated— 

16 (A) by striking ‘‘52’’ and inserting ‘‘57’’; 

17 and 

18 (B) by striking ‘‘150,000’’ and inserting 

19 ‘‘250,000’’; 

20 (18) by striking paragraph (28), as redesig21 nated, and inserting the following: 

22 ‘‘(28) SEXUAL ASSAULT.—The term ‘sexual as23 sault’ means any nonconsensual sexual act pro24 scribed by Federal, tribal, or State law, including 

25 when the victim lacks capacity to consent.’’; 
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1 (19) by inserting after paragraph (28), as re2 designated, the following: 

3 ‘‘(29) SEX TRAFFICKING.—The term ‘sex traf4 ficking’ means any conduct proscribed by 18 U.S.C. 

5 1591, whether or not the conduct occurs in inter6 state or foreign commerce or within the special mar7 itime and territorial jurisdiction of the United 

8 States.’’; 

9 (20) by striking paragraph (35), as redesig10 nated, and inserting the following: 

11 ‘‘(35) TRIBAL COALITION.—The term ‘tribal co12 alition’ means an established nonprofit, nongovern13 mental Indian organization, Alaska Native organiza14 tion, or a Native Hawaiian organization that— 

15 ‘‘(A) provides education, support, and tech16 nical assistance to member Indian service pro17 viders in a manner that enables those member 

18 providers to establish and maintain culturally 

19 appropriate services, including shelter and rape 

20 crisis services, designed to assist Indian women 

21 and the dependents of those women who are 

22 victims of domestic violence, dating violence, 

23 sexual assault, and stalking; and 

24 ‘‘(B) is comprised of board and general 

25 members that are representative of— 
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1 ‘‘(i) the member service providers de2 scribed in subparagraph (A); and 

3 ‘‘(ii) the tribal communities in which 

4 the services are being provided;’’; 

5 (21) by amending paragraph (39), as redesig6 nated, to read as follows: 

7 ‘‘(39) UNDERSERVED POPULATIONS.—The 

8 term ‘underserved populations’ means populations 

9 who face barriers in accessing and using victim serv10 ices, and includes populations underserved because 

11 of geographic location, religion, sexual orientation, 

12 gender identity, underserved racial and ethnic popu13 lations, populations underserved because of special 

14 needs (such as language barriers, disabilities, 

15 alienage status, or age), and any other population 

16 determined to be underserved by the Attorney Gen17 eral or by the Secretary of Health and Human Serv18 ices, as appropriate.’’; 

19 (22) by inserting after paragraph (39), as re20 designated, the following: 

21 ‘‘(40) UNIT OF LOCAL GOVERNMENT.—The 

22 term ‘unit of local government’ means any city, 

23 county, township, town, borough, parish, village, or 

24 other general purpose political subdivision of a 

25 State.’’; 
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1 (23) by striking paragraph (36), as in effect be2 fore the amendments made by this subsection, and 

3 inserting the following: 

4 ‘‘(41) VICTIM SERVICES OR SERVICES.—The 

5 terms ‘victim services’ and ‘services’ means services 

6 provided to victims of domestic violence, dating vio7 lence, sexual assault, or stalking, including tele8 phonic or web-based hotlines, legal advocacy, eco9 nomic advocacy, emergency and transitional shelter, 

10 accompaniment and advocacy through medical, civil 

11 or criminal justice, immigration, and social support 

12 systems, crisis intervention, short-term individual 

13 and group support services, information and refer14 rals, culturally specific services, population specific 

15 services, and other related supportive services. 

16 ‘‘(42) VICTIM SERVICE PROVIDER.—The term 

17 ‘victim service provider’ means a nonprofit, non18 governmental or tribal organization or rape crisis 

19 center, including a State or tribal coalition, that as20 sists or advocates for domestic violence, dating vio21 lence, sexual assault, or stalking victims, including 

22 domestic violence shelters, faith-based organizations, 

23 and other organizations, with a documented history 

24 of effective work concerning domestic violence, dat25 ing violence, sexual assault, or stalking.’’; and 
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1 (24) by striking paragraph (43), as redesig2 nated, and inserting the following: 

3 ‘‘(43) YOUTH.—The term ‘youth’ means a per4 son who is 11 to 24 years old.’’. 

5 (b) GRANTS CONDITIONS.—Subsection (b) of section 

6 40002 of the Violence Against Women Act of 1994 (42 

7 U.S.C. 13925(b)) is amended— 

8 (1) in paragraph (2)— 

9 (A) in subparagraph (B), by striking 

10 clauses (i) and (ii) and inserting the following: 

11 ‘‘(i) disclose, reveal, or release any 

12 personally identifying information or indi13 vidual information collected in connection 

14 with services requested, utilized, or denied 

15 through grantees’ and subgrantees’ pro16 grams, regardless of whether the informa17 tion has been encoded, encrypted, hashed, 

18 or otherwise protected; or 

19 ‘‘(ii) disclose, reveal, or release indi20 vidual client information without the in21 formed, written, reasonably time-limited 

22 consent of the person (or in the case of an 

23 unemancipated minor, the minor and the 

24 parent or guardian or in the case of legal 

25 incapacity, a court-appointed guardian) 
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1 about whom information is sought, wheth2 er for this program or any other Federal, 

3 State, tribal, or territorial grant program, 

4 except that consent for release may not be 

5 given by the abuser of the minor, incapaci6 tated person, or the abuser of the other 

7 parent of the minor. 

8 If a minor or a person with a legally appointed 

9 guardian is permitted by law to receive services 

10 without the parent’s or guardian’s consent, the 

11 minor or person with a guardian may release 

12 information without additional consent.’’; 

13 (B) by amending subparagraph (D), to 

14 read as follows: 

15 ‘‘(D) INFORMATION SHARING.— 

16 ‘‘(i) Grantees and subgrantees may 

17 share— 

18 ‘‘(I) nonpersonally identifying 

19 data in the aggregate regarding serv20 ices to their clients and nonpersonally 

21 identifying demographic information 

22 in order to comply with Federal, 

23 State, tribal, or territorial reporting, 

24 evaluation, or data collection require25 ments; 
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1 ‘‘(II) court-generated information 

2 and law enforcement-generated infor3 mation contained in secure, govern4 mental registries for protection order 

5 enforcement purposes; and 

6 ‘‘(III) law enforcement-generated 

7 and prosecution-generated information 

8 necessary for law enforcement and 

9 prosecution purposes. 

10 ‘‘(ii) In no circumstances may— 

11 ‘‘(I) an adult, youth, or child vic12 tim of domestic violence, dating vio13 lence, sexual assault, or stalking be 

14 required to provide a consent to re15 lease his or her personally identifying 

16 information as a condition of eligi17 bility for the services provided by the 

18 grantee or subgrantee; 

19 ‘‘(II) any personally identifying 

20 information be shared in order to 

21 comply with Federal, tribal, or State 

22 reporting, evaluation, or data collec23 tion requirements, whether for this 

24 program or any other Federal, tribal, 

25 or State grant program.’’; 
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1 (C) by redesignating subparagraph (E) as 

2 subparagraph (F); 

3 (D) by inserting after subparagraph (D) 

4 the following: 

5 ‘‘(E) STATUTORILY MANDATED REPORTS

6 OF ABUSE OR NEGLECT.—Nothing in this sec7 tion prohibits a grantee or subgrantee from re8 porting suspected abuse or neglect, as those 

9 terms are defined and specifically mandated by 

10 the State or tribe involved.’’; and 

11 (E) by inserting after subparagraph (F), 

12 as redesignated, the following: 

13 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

14 ASSURANCES.—Grantees and subgrantees must 

15 document their compliance with the confiden16 tiality and privacy provisions required under 

17 this section.’’; 

18 (2) by striking paragraph (3) and inserting the 

19 following: 

20 ‘‘(3) APPROVED ACTIVITIES.—In carrying out 

21 the activities under this title, grantees and sub22 grantees may collaborate with or provide information 

23 to Federal, State, local, tribal, and territorial public 

24 officials and agencies to develop and implement poli25 cies and develop and promote State, local, or tribal 
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1 legislation or model codes designed to reduce or 

2 eliminate domestic violence, dating violence, sexual 

3 assault, and stalking.’’; 

4 (3) in paragraph (7), by inserting at the end 

5 the following: 

6 ‘‘Final reports of such evaluations shall be made 

7 available to the public via the agency’s website.’’; 

8 and 

9 (4) by inserting after paragraph (11) the fol10 lowing: 

11 ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any 

12 grantee or subgrantee providing legal assistance with 

13 funds awarded under this title shall comply with the 

14 eligibility requirements in section 1201(d) of the Vi15 olence Against Women Act of 2000 (42 U.S.C. 

16 3796gg–6(d)). 

17 ‘‘(13) CIVIL RIGHTS.— 

18 ‘‘(A) NONDISCRIMINATION.—No person in 

19 the United States shall, on the basis of actual 

20 or perceived race, color, religion, national ori21 gin, sex, gender identity (as defined in para22 graph 249(c)(4) of title 18, United States 

23 Code), sexual orientation, or disability, be ex24 cluded from participation in, be denied the ben25 efits of, or be subjected to discrimination under 
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1 any program or activity funded in whole or in 

2 part with funds made available under the Vio3 lence Against Women Act of 1994 (title IV of 

4 Public Law 103–322; 108 Stat. 1902), the Vio5 lence Against Women Act of 2000 (division B 

6 of Public Law 106–386; 114 Stat. 1491), the 

7 Violence Against Women and Department of 

8 Justice Reauthorization Act of 2005 (title IX of 

9 Public Law 109–162; 119 Stat. 3080), the Vio10 lence Against Women Reauthorization Act of 

11 2011, and any other program or activity funded 

12 in whole or in part with funds appropriated for 

13 grants, cooperative agreements, and other as14 sistance administered by the Office on Violence 

15 Against Women. 

16 ‘‘(B) EXCEPTION.—If sex segregation or 

17 sex-specific programming is necessary to the es18 sential operation of a program, nothing in this 

19 paragraph shall prevent any such program or 

20 activity from consideration of an individual’s 

21 sex. In such circumstances, grantees may meet 

22 the requirements of this paragraph by providing 

23 comparable services to individuals who cannot 

24 be provided with the sex-segregated or sex-spe25 cific programming. 
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1 ‘‘(C) DISCRIMINATION.—The authority of 

2 the Attorney General and the Office of Justice 

3 Programs to enforce this paragraph shall be the 

4 same as it is under section 3789d of title 42, 

5 United States Code. 

6 ‘‘(D) CONSTRUCTION.—Nothing contained 

7 in this paragraph shall be construed, inter8 preted, or applied to supplant, displace, pre9 empt, or otherwise diminish the responsibilities 

10 and liabilities under other State or Federal civil 

11 rights law, whether statutory or common. 

12 ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND

13 LEGAL ASSISTANCE.—Victim services and legal as14 sistance under this title also include services and as15 sistance to victims of domestic violence, dating vio16 lence, sexual assault, or stalking who are also vic17 tims of severe forms of trafficking in persons as de18 fined by section 103 of the Trafficking Victims Pro19 tection Act of 2000 (22 U.S.C. 7102). 

20 ‘‘(15) CONFERRAL.— 

21 ‘‘(A) IN GENERAL.—The Office on Vio22 lence Against Women shall establish a biennial 

23 conferral process with State and tribal coali24 tions and technical assistance providers who re25 ceive funding through grants administered by 
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1 the Office on Violence Against Women and au2 thorized by this Act, and other key stake3 holders. 

4 ‘‘(B) AREAS COVERED.—The areas of con5 ferral under this paragraph shall include— 

6 ‘‘(i) the administration of grants; 

7 ‘‘(ii) unmet needs; 

8 ‘‘(iii) promising practices in the field; 

9 and 

10 ‘‘(iv) emerging trends. 

11 ‘‘(C) INITIAL CONFERRAL.—The first con12 ferral shall be initiated not later than 6 months 

13 after the date of enactment of the Violence 

14 Against Women Reauthorization Act of 2011. 

15 ‘‘(D) REPORT.—Not later than 90 days 

16 after the conclusion of each conferral period, 

17 the Office on Violence Against Women shall 

18 publish a comprehensive report that— 

19 ‘‘(i) summarizes the issues presented 

20 during conferral and what, if any, policies 

21 it intends to implement to address those 

22 issues; 

23 ‘‘(ii) is made available to the public on 

24 the Office on Violence Against Women’s 

25 website and submitted to the Committee 
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1 on the Judiciary of the Senate and the 

2 Committee on the Judiciary of the House 

3 of Representatives. 

4 ‘‘(16) ACCOUNTABILITY.—All grants awarded 

5 by the Attorney General under this Act shall be sub6 ject to the following accountability provisions: 

7 ‘‘(A) AUDIT REQUIREMENT.— 

8 ‘‘(i) IN GENERAL.—Beginning in the 

9 first fiscal year beginning after the date of 

10 the enactment of this Act, and in each fis11 cal year thereafter, the Inspector General 

12 of the Department of Justice shall conduct 

13 audits of recipients of grants under this 

14 Act to prevent waste, fraud, and abuse of 

15 funds by grantees. The Inspector General 

16 shall determine the appropriate number of 

17 grantees to be audited each year. 

18 ‘‘(ii) DEFINITION.—In this paragraph, 

19 the term ‘unresolved audit finding’ means 

20 a finding in the final audit report of the 

21 Inspector General of the Department of 

22 Justice that the audited grantee has uti23 lized grant funds for an unauthorized ex24 penditure or otherwise unallowable cost 

25 that is not closed or resolved within 12 
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1 months from the date when the final audit 

2 report is issued. 

3 ‘‘(iii) MANDATORY EXCLUSION.—A re4 cipient of grant funds under this Act that 

5 is found to have an unresolved audit find6 ing shall not be eligible to receive grant 

7 funds under this Act during the following 

8 2 fiscal years. 

9 ‘‘(iv) PRIORITY.—In awarding grants 

10 under this Act, the Attorney General shall 

11 give priority to eligible entities that did not 

12 have an unresolved audit finding during 

13 the 3 fiscal years prior to submitting an 

14 application for a grant under this Act. 

15 ‘‘(v) REIMBURSEMENT.—If an entity 

16 is awarded grant funds under this Act dur17 ing the 2-fiscal-year period in which the 

18 entity is barred from receiving grants 

19 under paragraph (2), the Attorney General 

20 shall— 

21 ‘‘(I) deposit an amount equal to 

22 the grant funds that were improperly 

23 awarded to the grantee into the Gen24 eral Fund of the Treasury; and 
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1 ‘‘(II) seek to recoup the costs of 

2 the repayment to the fund from the 

3 grant recipient that was erroneously 

4 awarded grant funds. 

5 ‘‘(B) NONPROFIT ORGANIZATION REQUIRE6 MENTS.— 

7 ‘‘(i) DEFINITION.—For purposes of 

8 this paragraph and the grant programs de9 scribed in this Act, the term ‘nonprofit or10 ganization’ means an organization that is 

11 described in section 501(c)(3) of the Inter12 nal Revenue Code of 1986 and is exempt 

13 from taxation under section 501(a) of such 

14 Code. 

15 ‘‘(ii) PROHIBITION.—The Attorney 

16 General may not award a grant under any 

17 grant program described in this Act to a 

18 nonprofit organization that holds money in 

19 offshore accounts for the purpose of avoid20 ing paying the tax described in section 

21 511(a) of the Internal Revenue Code of 

22 1986. 

23 ‘‘(iii) DISCLOSURE.—Each nonprofit 

24 organization that is awarded a grant under 

25 a grant program described in this Act and 
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1 uses the procedures prescribed in regula2 tions to create a rebuttable presumption of 

3 reasonableness for the compensation of its 

4 officers, directors, trustees and key em5 ployees, shall disclose to the Attorney Gen6 eral, in the application for the grant, the 

7 process for determining such compensa8 tion, including the independent persons in9 volved in reviewing and approving such 

10 compensation, the comparability data used, 

11 and contemporaneous substantiation of the 

12 deliberation and decision. Upon request, 

13 the Attorney General shall make the infor14 mation disclosed under this subsection 

15 available for public inspection. 

16 ‘‘(C) CONFERENCE EXPENDITURES.— 

17 ‘‘(i) LIMITATION.—No amounts au18 thorized to be appropriated to the Depart19 ment of Justice under this Act may be 

20 used by the Attorney General, or by any 

21 individual or organization awarded discre22 tionary funds through a cooperative agree23 ment under this Act, to host or support 

24 any expenditure for conferences that uses 

25 more than $20,000 in Department funds, 
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1 unless the Deputy Attorney General or 

2 such Assistant Attorney Generals, Direc3 tors, or principal deputies as the Deputy 

4 Attorney General may designate, provides 

5 prior written authorization that the funds 

6 may be expended to host a conference. 

7 ‘‘(ii) WRITTEN APPROVAL.—Written 

8 approval under clause (i) shall include a 

9 written estimate of all costs associated 

10 with the conference, including the cost of 

11 all food and beverages, audiovisual equip12 ment, honoraria for speakers, and any en13 tertainment. 

14 ‘‘(iii) REPORT.—The Deputy Attorney 

15 General shall submit an annual report to 

16 the Committee on the Judiciary of the 

17 Senate and the Committee on the Judici18 ary of the House of Representatives on all 

19 approved conference expenditures ref20 erenced in this paragraph. 

21 ‘‘(D) ANNUAL CERTIFICATION.—Beginning 

22 in the first fiscal year beginning after the date 

23 of the enactment of this Act, the Attorney Gen24 eral shall submit, to the Committee on the Ju25 diciary and the Committee on Appropriations of 
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1 the Senate and the Committee on the Judiciary 

2 and the Committee on Appropriations of the 

3 House of Representatives, an annual certifi4 cation that— 

5 ‘‘(i) all audits issued by the Office of 

6 the Inspector General under paragraph (1) 

7 have been completed and reviewed by the 

8 appropriate Assistant Attorney General or 

9 Director; 

10 ‘‘(ii) all mandatory exclusions required 

11 under subparagraph (A)(iii) have been 

12 issued; 

13 ‘‘(iii) all reimbursements required 

14 under subparagraph (A)(v) have been 

15 made; and 

16 ‘‘(iv) includes a list of any grant re17 cipients excluded under subparagraph (A) 

18 from the previous year.’’. 

19 SEC. 4. EFFECTIVE DATE. 

20 Except as otherwise specifically provided in this Act, 

21 the provisions of titles I, II, III, IV, VII, and sections 3, 

22 602, 901, and 902 of this Act shall not take effect until 

23 the beginning of the fiscal year following the date of enact24 ment of this Act. 
27 

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1 TITLE I—ENHANCING JUDICIAL 

2 AND LAW ENFORCEMENT 

3 TOOLS TO COMBAT VIOLENCE 

4 AGAINST WOMEN 

5 SEC. 101. STOP GRANTS. 

6 Title I of the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend8 ed— 

9 (1) in section 1001(a)(18) (42 U.S.C. 

10 3793(a)(18)), by striking ‘‘$225,000,000 for each of 

11 fiscal years 2007 through 2011’’ and inserting 

12 ‘‘$222,000,000 for each of fiscal years 2012 through 

13 2016’’; 

14 (2) in section 2001(b) (42 U.S.C. 3796gg(b))— 

15 (A) in the matter preceding paragraph 

16 (1)— 

17 (i) by striking ‘‘equipment’’ and in18 serting ‘‘resources’’; and 

19 (ii) by inserting ‘‘for the protection 

20 and safety of victims,’’ after ‘‘women,’’; 

21 (B) in paragraph (1), by striking ‘‘sexual 

22 assault’’ and all that follows through ‘‘dating 

23 violence’’ and inserting ‘‘domestic violence, dat24 ing violence, sexual assault, and stalking, in25 cluding the appropriate use of nonimmigrant 
28 

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1 status under subparagraphs (T) and (U) of sec2 tion 101(a)(15) of the Immigration and Nation3 ality Act (8 U.S.C. 1101(a))’’; 

4 (C) in paragraph (2), by striking ‘‘sexual 

5 assault and domestic violence’’ and inserting 

6 ‘‘domestic violence, dating violence, sexual as7 sault, and stalking’’; 

8 (D) in paragraph (3), by striking ‘‘sexual 

9 assault and domestic violence’’ and inserting 

10 ‘‘domestic violence, dating violence, sexual as11 sault, and stalking, as well as the appropriate 

12 treatment of victims’’; 

13 (E) in paragraph (4)— 

14 (i) by striking ‘‘sexual assault and do15 mestic violence’’ and inserting ‘‘domestic 

16 violence, dating violence, sexual assault, 

17 and stalking’’; and 

18 (ii) by inserting ‘‘, classifying,’’ after 

19 ‘‘identifying’’; 

20 (F) in paragraph (5)— 

21 (i) by inserting ‘‘and legal assistance’’ 

22 after ‘‘victim services’’; 

23 (ii) by striking ‘‘domestic violence and 

24 dating violence’’ and inserting ‘‘domestic 
29 

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1 violence, dating violence, and stalking’’; 

2 and 

3 (iii) by striking ‘‘sexual assault and 

4 domestic violence’’ and inserting ‘‘domestic 

5 violence, dating violence, sexual assault, 

6 and stalking’’; 

7 (G) by striking paragraph (6) and redesig8 nating paragraphs (7) through (14) as para9 graphs (6) through (13), respectively; 

10 (H) in paragraph (6), as redesignated by 

11 subparagraph (G), by striking ‘‘sexual assault 

12 and domestic violence’’ and inserting ‘‘domestic 

13 violence, dating violence, sexual assault, and 

14 stalking’’; 

15 (I) in paragraph (7), as redesignated by 

16 subparagraph (G), by striking ‘‘and dating vio17 lence’’ and inserting ‘‘dating violence, and 

18 stalking’’; 

19 (J) in paragraph (9), as redesignated by 

20 subparagraph (G), by striking ‘‘domestic vio21 lence or sexual assault’’ and inserting ‘‘ domes22 tic violence, dating violence, sexual assault, or 

23 stalking’’; 

24 (K) in paragraph (12), as redesignated by 

25 subparagraph (G)— 
30 

†S 1925 ES

1 (i) in subparagraph (A), by striking 

2 ‘‘triage protocols to ensure that dangerous 

3 or potentially lethal cases are identified 

4 and prioritized’’ and inserting ‘‘the use of 

5 evidence-based indicators to assess the risk 

6 of domestic and dating violence homicide 

7 and prioritize dangerous or potentially le8 thal cases’’; and 

9 (ii) by striking ‘‘and’’ at the end; 

10 (L) in paragraph (13), as redesignated by 

11 subparagraph (G)— 

12 (i) by striking ‘‘to provide’’ and in13 serting ‘‘providing’’; 

14 (ii) by striking ‘‘nonprofit nongovern15 mental’’; 

16 (iii) by striking the comma after 

17 ‘‘local governments’’; 

18 (iv) in the matter following subpara19 graph (C), by striking ‘‘paragraph (14)’’ 

20 and inserting ‘‘paragraph (13)’’; and 

21 (v) by striking the period at the end 

22 and inserting a semicolon; and 

23 (M) by inserting after paragraph (13), as 

24 redesignated by subparagraph (G), the fol25 lowing: 
31 

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1 ‘‘(14) developing and promoting State, local, or 

2 tribal legislation and policies that enhance best prac3 tices for responding to domestic violence, dating vio4 lence, sexual assault, and stalking; 

5 ‘‘(15) developing, implementing, or enhancing 

6 Sexual Assault Response Teams, or other similar co7 ordinated community responses to sexual assault; 

8 ‘‘(16) developing and strengthening policies, 

9 protocols, best practices, and training for law en10 forcement agencies and prosecutors relating to the 

11 investigation and prosecution of sexual assault cases 

12 and the appropriate treatment of victims; 

13 ‘‘(17) developing, enlarging, or strengthening 

14 programs addressing sexual assault against men, 

15 women, and youth in correctional and detention set16 tings; 

17 ‘‘(18) identifying and conducting inventories of 

18 backlogs of sexual assault evidence collection kits 

19 and developing protocols and policies for responding 

20 to and addressing such backlogs, including protocols 

21 and policies for notifying and involving victims; 

22 ‘‘(19) developing, enlarging, or strengthening 

23 programs and projects to provide services and re24 sponses targeting male and female victims of domes25 tic violence, dating violence, sexual assault, or stalk-
32 

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1 ing, whose ability to access traditional services and 

2 responses is affected by their sexual orientation or 

3 gender identity, as defined in section 249(c) of title 

4 18, United States Code; and 

5 ‘‘(20) developing, enhancing, or strengthening 

6 prevention and educational programming to address 

7 domestic violence, dating violence, sexual assault, or 

8 stalking, with not more than 5 percent of the 

9 amount allocated to a State to be used for this pur10 pose.’’; 

11 (3) in section 2007 (42 U.S.C. 3796gg–1)— 

12 (A) in subsection (a), by striking ‘‘non13 profit nongovernmental victim service pro14 grams’’ and inserting ‘‘victim service pro15 viders’’; 

16 (B) in subsection (b)(6), by striking ‘‘(not 

17 including populations of Indian tribes)’’; 

18 (C) in subsection (c)— 

19 (i) by striking paragraph (2) and in20 serting the following: 

21 ‘‘(2) grantees and subgrantees shall develop a 

22 plan for implementation and shall consult and co23 ordinate with— 

24 ‘‘(A) the State sexual assault coalition; 

25 ‘‘(B) the State domestic violence coalition; 
33 

†S 1925 ES

1 ‘‘(C) the law enforcement entities within 

2 the State; 

3 ‘‘(D) prosecution offices; 

4 ‘‘(E) State and local courts; 

5 ‘‘(F) Tribal governments in those States 

6 with State or federally recognized Indian tribes; 

7 ‘‘(G) representatives from underserved 

8 populations, including culturally specific popu9 lations; 

10 ‘‘(H) victim service providers; 

11 ‘‘(I) population specific organizations; and 

12 ‘‘(J) other entities that the State or the 

13 Attorney General identifies as needed for the 

14 planning process;’’; 

15 (ii) by redesignating paragraph (3) as 

16 paragraph (4); 

17 (iii) by inserting after paragraph (2), 

18 as amended by clause (i), the following: 

19 ‘‘(3) grantees shall coordinate the State imple20 mentation plan described in paragraph (2) with the 

21 State plans described in section 307 of the Family 

22 Violence Prevention and Services Act (42 U.S.C. 

23 10407) and the programs described in section 1404 

24 of the Victims of Crime Act of 1984 (42 U.S.C. 
34 

†S 1925 ES

1 10603) and section 393A of the Public Health Serv2 ice Act (42 U.S.C. 280b–1b).’’; 

3 (iv) in paragraph (4), as redesignated 

4 by clause (ii)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘and not less than 25 percent 

7 shall be allocated for prosecutors’’; 

8 (II) by redesignating subpara9 graphs (B) and (C) as subparagraphs 

10 (C) and (D); 

11 (III) by inserting after subpara12 graph (A), the following: 

13 ‘‘(B) not less than 25 percent shall be allo14 cated for prosecutors;’’; and 

15 (IV) in subparagraph (D) as re16 designated by subclause (II) by strik17 ing ‘‘for’’ and inserting ‘‘to’’; and 

18 (v) by adding at the end the following: 

19 ‘‘(5) not later than 2 years after the date of en20 actment of this Act, and every year thereafter, not 

21 less than 20 percent of the total amount granted to 

22 a State under this subchapter shall be allocated for 

23 programs or projects in 2 or more allocations listed 

24 in paragraph (4) that meaningfully address sexual 

25 assault, including stranger rape, acquaintance rape, 
35 

†S 1925 ES

1 alcohol or drug-facilitated rape, and rape within the 

2 context of an intimate partner relationship.’’; 

3 (D) by striking subsection (d) and insert4 ing the following: 

5 ‘‘(d) APPLICATION REQUIREMENTS.—An application 

6 for a grant under this section shall include— 

7 ‘‘(1) the certifications of qualification required 

8 under subsection (c); 

9 ‘‘(2) proof of compliance with the requirements 

10 for the payment of forensic medical exams and judi11 cial notification, described in section 2010; 

12 ‘‘(3) proof of compliance with the requirements 

13 for paying fees and costs relating to domestic vio14 lence and protection order cases, described in section 

15 2011 of this title; 

16 ‘‘(4) proof of compliance with the requirements 

17 prohibiting polygraph examinations of victims of sex18 ual assault, described in section 2013 of this title; 

19 ‘‘(5) an implementation plan required under 

20 subsection (i); and 

21 ‘‘(6) any other documentation that the Attorney 

22 General may require.’’; 

23 (E) in subsection (e)— 

24 (i) in paragraph (2)— 
36 

†S 1925 ES

1 (I) in subparagraph (A), by strik2 ing ‘‘domestic violence and sexual as3 sault’’ and inserting ‘‘domestic vio4 lence, dating violence, sexual assault, 

5 and stalking’’; and 

6 (II) in subparagraph (D), by 

7 striking ‘‘linguistically and’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(3) CONDITIONS.—In disbursing grants under 

11 this part, the Attorney General may impose reason12 able conditions on grant awards to ensure that the 

13 States meet statutory, regulatory, and other pro14 gram requirements.’’; 

15 (F) in subsection (f), by striking the period 

16 at the end and inserting ‘‘, except that, for pur17 poses of this subsection, the costs of the 

18 projects for victim services or tribes for which 

19 there is an exemption under section 

20 40002(b)(1) of the Violence Against Women 

21 Act of 1994 (42 U.S.C. 13925(b)(1)) shall not 

22 count toward the total costs of the projects.’’; 

23 and 

24 (G) by adding at the end the following: 
37 

†S 1925 ES

1 ‘‘(i) IMPLEMENTATION PLANS.—A State applying for 

2 a grant under this part shall— 

3 ‘‘(1) develop an implementation plan in con4 sultation with the entities listed in subsection (c)(2), 

5 that identifies how the State will use the funds 

6 awarded under this part, including how the State 

7 will meet the requirements of subsection (c)(5); and 

8 ‘‘(2) submit to the Attorney General— 

9 ‘‘(A) the implementation plan developed 

10 under paragraph (1); 

11 ‘‘(B) documentation from each member of 

12 the planning committee as to their participation 

13 in the planning process; 

14 ‘‘(C) documentation from the prosecution, 

15 law enforcement, court, and victim services pro16 grams to be assisted, describing— 

17 ‘‘(i) the need for the grant funds; 

18 ‘‘(ii) the intended use of the grant 

19 funds; 

20 ‘‘(iii) the expected result of the grant 

21 funds; and 

22 ‘‘(iv) the demographic characteristics 

23 of the populations to be served, including 

24 age, disability, race, ethnicity, and lan25 guage background; 
38 

†S 1925 ES

1 ‘‘(D) a description of how the State will 

2 ensure that any subgrantees will consult with 

3 victim service providers during the course of de4 veloping their grant applications in order to en5 sure that the proposed activities are designed to 

6 promote the safety, confidentiality, and eco7 nomic independence of victims; 

8 ‘‘(E) demographic data on the distribution 

9 of underserved populations within the State and 

10 a description of how the State will meet the 

11 needs of underserved populations, including the 

12 minimum allocation for population specific serv13 ices required under subsection (c)(4)(C); 

14 ‘‘(F) a description of how the State plans 

15 to meet the regulations issued pursuant to sub16 section (e)(2); 

17 ‘‘(G) goals and objectives for reducing do18 mestic violence-related homicides within the 

19 State; and 

20 ‘‘(H) any other information requested by 

21 the Attorney General. 

22 ‘‘(j) REALLOCATION OF FUNDS.—A State may use 

23 any returned or remaining funds for any authorized pur24 pose under this part if— 
39 

†S 1925 ES

1 ‘‘(1) funds from a subgrant awarded under this 

2 part are returned to the State; or 

3 ‘‘(2) the State does not receive sufficient eligi4 ble applications to award the full funding within the 

5 allocations in subsection (c)(4)’’; 

6 (4) in section 2010 (42 U.S.C. 3796gg–4)— 

7 (A) in subsection (a), by striking para8 graph (1) and inserting the following: 

9 ‘‘(1) IN GENERAL.—A State, Indian tribal gov10 ernment, or unit of local government shall not be en11 titled to funds under this subchapter unless the 

12 State, Indian tribal government, unit of local govern13 ment, or another governmental entity— 

14 ‘‘(A) incurs the full out-of-pocket cost of 

15 forensic medical exams described in subsection 

16 (b) for victims of sexual assault; and 

17 ‘‘(B) coordinates with health care providers 

18 in the region to notify victims of sexual assault 

19 of the availability of rape exams at no cost to 

20 the victims.’’; 

21 (B) in subsection (b)— 

22 (i) in paragraph (1), by inserting ‘‘or’’ 

23 after the semicolon; 

24 (ii) in paragraph (2), by striking ‘‘; 

25 or’’ and inserting a period; and 
40 

†S 1925 ES

1 (iii) by striking paragraph (3); and 

2 (C) by amending subsection (d) to read as 

3 follows: 

4 ‘‘(d) NONCOOPERATION.— 

5 ‘‘(1) IN GENERAL.—To be in compliance with 

6 this section, a State, Indian tribal government, or 

7 unit of local government shall comply with sub8 section (b) without regard to whether the victim par9 ticipates in the criminal justice system or cooperates 

10 with law enforcement. 

11 ‘‘(2) COMPLIANCE PERIOD.—States, territories, 

12 and Indian tribal governments shall have 3 years 

13 from the date of enactment of this Act to come into 

14 compliance with this section.’’; and 

15 (5) in section 2011(a)(1) (42 U.S.C. 3796gg– 

16 5(a)(1))— 

17 (A) by inserting ‘‘modification, enforce18 ment, dismissal, withdrawal’’ after ‘‘registra19 tion,’’ each place it appears; 

20 (B) by inserting ‘‘, dating violence, sexual 

21 assault, or stalking’’ after ‘‘felony domestic vio22 lence’’; and 

23 (C) by striking ‘‘victim of domestic vio24 lence’’ and all that follows through ‘‘sexual as25 sault’’ and inserting ‘‘victim of domestic vio-
41 

†S 1925 ES

1 lence, dating violence, sexual assault, or stalk2 ing’’. 

3 SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND 

4 ENFORCEMENT OF PROTECTION ORDERS. 

5 (a) IN GENERAL.—Part U of title I of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3796hh et seq.) is amended— 

8 (1) in section 2101 (42 U.S.C. 3796hh)— 

9 (A) in subsection (b)— 

10 (i) in the matter preceding paragraph 

11 (1), by striking ‘‘States,’’ and all that fol12 lows through ‘‘units of local government’’ 

13 and inserting ‘‘grantees’’; 

14 (ii) in paragraph (1), by inserting 

15 ‘‘and enforcement of protection orders 

16 across State and tribal lines’’ before the 

17 period; 

18 (iii) in paragraph (2), by striking 

19 ‘‘and training in police departments to im20 prove tracking of cases’’ and inserting 

21 ‘‘data collection systems, and training in 

22 police departments to improve tracking of 

23 cases and classification of complaints’’; 

24 (iv) in paragraph (4), by inserting 

25 ‘‘and provide the appropriate training and 
42 

†S 1925 ES

1 education about domestic violence, dating 

2 violence, sexual assault, and stalking’’ after 

3 ‘‘computer tracking systems’’; 

4 (v) in paragraph (5), by inserting 

5 ‘‘and other victim services’’ after ‘‘legal ad6 vocacy service programs’’; 

7 (vi) in paragraph (6), by striking 

8 ‘‘judges’’ and inserting ‘‘Federal, State, 

9 tribal, territorial, and local judges, courts, 

10 and court-based and court-related per11 sonnel’’; 

12 (vii) in paragraph (8), by striking 

13 ‘‘and sexual assault’’ and inserting ‘‘dating 

14 violence, sexual assault, and stalking’’; 

15 (viii) in paragraph (10), by striking 

16 ‘‘non-profit, non-governmental victim serv17 ices organizations,’’ and inserting ‘‘victim 

18 service providers, staff from population 

19 specific organizations,’’; and 

20 (ix) by adding at the end the fol21 lowing: 

22 ‘‘(14) To develop and implement training pro23 grams for prosecutors and other prosecution-related 

24 personnel regarding best practices to ensure offender 

25 accountability, victim safety, and victim consultation 
43 

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1 in cases involving domestic violence, dating violence, 

2 sexual assault, and stalking. 

3 ‘‘(15) To develop or strengthen policies, proto4 cols, and training for law enforcement, prosecutors, 

5 and the judiciary in recognizing, investigating, and 

6 prosecuting instances of domestic violence, dating vi7 olence, sexual assault, and stalking against immi8 grant victims, including the appropriate use of appli9 cations for nonimmigrant status under subpara10 graphs (T) and (U) of section 101(a)(15) of the Im11 migration and Nationality Act (8 U.S.C. 

12 1101(a)(15)). 

13 ‘‘(16) To develop and promote State, local, or 

14 tribal legislation and policies that enhance best prac15 tices for responding to the crimes of domestic vio16 lence, dating violence, sexual assault, and stalking, 

17 including the appropriate treatment of victims. 

18 ‘‘(17) To develop, implement, or enhance sexual 

19 assault nurse examiner programs or sexual assault 

20 forensic examiner programs, including the hiring 

21 and training of such examiners. 

22 ‘‘(18) To develop, implement, or enhance Sex23 ual Assault Response Teams or similar coordinated 

24 community responses to sexual assault. 
44 

†S 1925 ES

1 ‘‘(19) To develop and strengthen policies, proto2 cols, and training for law enforcement officers and 

3 prosecutors regarding the investigation and prosecu4 tion of sexual assault cases and the appropriate 

5 treatment of victims. 

6 ‘‘(20) To provide human immunodeficiency 

7 virus testing programs, counseling, and prophylaxis 

8 for victims of sexual assault. 

9 ‘‘(21) To identify and inventory backlogs of sex10 ual assault evidence collection kits and to develop 

11 protocols for responding to and addressing such 

12 backlogs, including policies and protocols for noti13 fying and involving victims. 

14 ‘‘(22) To develop multidisciplinary high-risk 

15 teams focusing on reducing domestic violence and 

16 dating violence homicides by— 

17 ‘‘(A) using evidence-based indicators to as18 sess the risk of homicide and link high-risk vic19 tims to immediate crisis intervention services; 

20 ‘‘(B) identifying and managing high-risk 

21 offenders; and 

22 ‘‘(C) providing ongoing victim advocacy 

23 and referrals to comprehensive services includ24 ing legal, housing, health care, and economic 

25 assistance.’’; 
45 

†S 1925 ES

1 (B) in subsection (c)— 

2 (i) in paragraph (1)— 

3 (I) in the matter preceding sub4 paragraph (A), by inserting ‘‘except 

5 for a court,’’ before ‘‘certify’’; and 

6 (II) by redesignating subpara7 graphs (A) and (B) as clauses (i) and 

8 (ii), and adjusting the margin accord9 ingly; 

10 (ii) in paragraph (2), by inserting 

11 ‘‘except for a court,’’ before ‘‘dem12 onstrate’’; 

13 (iii) in paragraph (3)— 

14 (I) by striking ‘‘spouses’’ each 

15 place it appears and inserting ‘‘par16 ties’’; and 

17 (II) by striking ‘‘spouse’’ and in18 serting ‘‘party’’; 

19 (iv) in paragraph (4)— 

20 (I) by inserting ‘‘, dating vio21 lence, sexual assault, or stalking’’ 

22 after ‘‘felony domestic violence’’; 

23 (II) by inserting ‘‘modification, 

24 enforcement, dismissal,’’ after ‘‘reg25 istration,’’ each place it appears; 
46 

†S 1925 ES

1 (III) by inserting ‘‘dating vio2 lence,’’ after ‘‘victim of domestic vio3 lence,’’; and 

4 (IV) by striking ‘‘and’’ at the 

5 end; 

6 (v) in paragraph (5)— 

7 (I) in the matter preceding sub8 paragraph (A), by striking ‘‘, not later 

9 than 3 years after January 5, 2006’’; 

10 (II) by inserting ‘‘, trial of, or 

11 sentencing for’’ after ‘‘investigation 

12 of’’ each place it appears; 

13 (III) by redesignating subpara14 graphs (A) and (B) as clauses (i) and 

15 (ii), and adjusting the margin accord16 ingly; 

17 (IV) in clause (ii), as redesig18 nated by subclause (III) of this 

19 clause, by striking ‘‘subparagraph 

20 (A)’’ and inserting ‘‘clause (i)’’; and 

21 (V) by striking the period at the 

22 end and inserting ‘‘; and’’; 

23 (vi) by redesignating paragraphs (1) 

24 through (5), as amended by this subpara-
47 

†S 1925 ES

1 graph, as subparagraphs (A) through (E), 

2 respectively; 

3 (vii) in the matter preceding subpara4 graph (A), as redesignated by clause (v) of 

5 this subparagraph— 

6 (I) by striking the comma that 

7 immediately follows another comma; 

8 and 

9 (II) by striking ‘‘grantees are 

10 States’’ and inserting the following: 

11 ‘‘grantees are— 

12 ‘‘(1) States’’; and 

13 (viii) by adding at the end the fol14 lowing: 

15 ‘‘(2) a State, tribal, or territorial domestic vio16 lence or sexual assault coalition or a victim service 

17 provider that partners with a State, Indian tribal 

18 government, or unit of local government that cer19 tifies that the State, Indian tribal government, or 

20 unit of local government meets the requirements 

21 under paragraph (1).’’; 

22 (C) in subsection (d)— 

23 (i) in paragraph (1)— 
48 

†S 1925 ES

1 (I) in the matter preceding sub2 paragraph (A), by inserting ‘‘, policy,’’ 

3 after ‘‘law’’; and 

4 (II) in subparagraph (A), by in5 serting ‘‘and the defendant is in cus6 tody or has been served with the in7 formation or indictment’’ before the 

8 semicolon; and 

9 (ii) in paragraph (2), by striking ‘‘it’’ 

10 and inserting ‘‘its’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.—Of the 

13 amounts appropriated for purposes of this part for each 

14 fiscal year, not less than 5 percent shall be available for 

15 grants under section 2001 of title I of the Omnibus Crime 

16 Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg). 

17 ‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of the 

18 amounts appropriated for purposes of this part for each 

19 fiscal year, not less than 25 percent shall be available for 

20 projects that address sexual assault, including stranger 

21 rape, acquaintance rape, alcohol or drug-facilitated rape, 

22 and rape within the context of an intimate partner rela23 tionship.’’; and 

24 (2) in section 2102(a) (42 U.S.C. 3796hh– 

25 1(a))— 
49 

†S 1925 ES

1 (A) in paragraph (1), by inserting ‘‘court,’’ 

2 after ‘‘tribal government,’’; and 

3 (B) in paragraph (4), by striking ‘‘non4 profit, private sexual assault and domestic vio5 lence programs’’ and inserting ‘‘victim service 

6 providers and, as appropriate, population spe7 cific organizations’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 1001(a)(19) of title I of the Omnibus Crime Control and 

10 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is 

11 amended— 

12 (1) by striking ‘‘$75,000,000’’ and all that fol13 lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 

14 for each of fiscal years 2012 through 2016.’’; and 

15 (2) by striking the period that immediately fol16 lows another period. 

17 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

18 Section 1201 of the Violence Against Women Act of 

19 2000 (42 U.S.C. 3796gg–6) is amended— 

20 (1) in subsection (a)— 

21 (A) in the first sentence, by striking ‘‘aris22 ing as a consequence of’’ and inserting ‘‘relat23 ing to or arising out of’’; and 

24 (B) in the second sentence, by inserting 

25 ‘‘or arising out of’’ after ‘‘relating to’’; 
50 

†S 1925 ES

1 (2) in subsection (b)— 

2 (A) in the heading, by inserting ‘‘AND

3 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; 

4 and 

5 (B) by inserting ‘‘and grant conditions’’ 

6 after ‘‘definitions’’; 

7 (3) in subsection (c)— 

8 (A) in paragraph (1), by striking ‘‘victims 

9 services organizations’’ and inserting ‘‘victim 

10 service providers’’; and 

11 (B) by striking paragraph (3) and insert12 ing the following: 

13 ‘‘(3) to implement, expand, and establish efforts 

14 and projects to provide competent, supervised pro 

15 bono legal assistance for victims of domestic vio16 lence, dating violence, sexual assault, or stalking, ex17 cept that not more than 10 percent of the funds 

18 awarded under this section may be used for the pur19 pose described in this paragraph.’’; 

20 (4) in subsection (d)— 

21 (A) in paragraph (1), by striking ‘‘this sec22 tion has completed’’ and all that follows and in23 serting the following: ‘‘this section—’’ 

24 ‘‘(A) has demonstrated expertise in pro25 viding legal assistance to victims of domestic vi-
51 

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1 olence, dating violence, sexual assault, or stalk2 ing in the targeted population; or 

3 ‘‘(B)(i) is partnered with an entity or per4 son that has demonstrated expertise described 

5 in subparagraph (A); and 

6 ‘‘(ii) has completed, or will complete, train7 ing in connection with domestic violence, dating 

8 violence, stalking, or sexual assault and related 

9 legal issues, including training on evidence10 based risk factors for domestic and dating vio11 lence homicide;’’; and 

12 (B) in paragraph (2), by striking ‘‘stalking 

13 organization’’ and inserting ‘‘stalking victim 

14 service provider’’; and 

15 (5) in subsection (f) in paragraph (1), by strik16 ing ‘‘this section’’ and all that follows and inserting 

17 the following: ‘‘this section $57,000,000 for each of 

18 fiscal years 2012 through 2016.’’. 

19 SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMI20 LIES IN THE JUSTICE SYSTEM. 

21 (a) IN GENERAL.—Title III of division B of the Vic22 tims of Trafficking and Violence Protection Act of 2000 

23 (Public Law 106–386; 114 Stat. 1509) is amended by 

24 striking the section preceding section 1302 (42 U.S.C. 

25 10420), as amended by section 306 of the Violence 
52 

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1 Against Women and Department of Justice Reauthoriza2 tion Act of 2005 (Public Law 109–162; 119 Stat. 316), 

3 and inserting the following: 

4 ‘‘SEC. 1301. GRANTS TO SUPPORT FAMILIES IN THE JUS5 TICE SYSTEM. 

6 ‘‘(a) IN GENERAL.—The Attorney General may make 

7 grants to States, units of local government, courts (includ8 ing juvenile courts), Indian tribal governments, nonprofit 

9 organizations, legal services providers, and victim services 

10 providers to improve the response of all aspects of the civil 

11 and criminal justice system to families with a history of 

12 domestic violence, dating violence, sexual assault, or stalk13 ing, or in cases involving allegations of child sexual abuse. 

14 ‘‘(b) USE OF FUNDS.—A grant under this section 

15 may be used to— 

16 ‘‘(1) provide supervised visitation and safe visi17 tation exchange of children and youth by and be18 tween parents in situations involving domestic vio19 lence, dating violence, child sexual abuse, sexual as20 sault, or stalking; 

21 ‘‘(2) develop and promote State, local, and trib22 al legislation, policies, and best practices for improv23 ing civil and criminal court functions, responses, 

24 practices, and procedures in cases involving a history 

25 of domestic violence or sexual assault, or in cases in-
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1 volving allegations of child sexual abuse, including 

2 cases in which the victim proceeds pro se; 

3 ‘‘(3) educate court-based and court-related per4 sonnel and court-appointed personnel (including cus5 tody evaluators and guardians ad litem) and child 

6 protective services workers on the dynamics of do7 mestic violence, dating violence, sexual assault, and 

8 stalking, including information on perpetrator behav9 ior, evidence-based risk factors for domestic and dat10 ing violence homicide, and on issues relating to the 

11 needs of victims, including safety, security, privacy, 

12 and confidentiality, including cases in which the vic13 tim proceeds pro se; 

14 ‘‘(4) provide appropriate resources in juvenile 

15 court matters to respond to dating violence, domestic 

16 violence, sexual assault (including child sexual 

17 abuse), and stalking and ensure necessary services 

18 dealing with the health and mental health of victims 

19 are available; 

20 ‘‘(5) enable courts or court-based or court-re21 lated programs to develop or enhance— 

22 ‘‘(A) court infrastructure (such as special23 ized courts, consolidated courts, dockets, intake 

24 centers, or interpreter services); 
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1 ‘‘(B) community-based initiatives within 

2 the court system (such as court watch pro3 grams, victim assistants, pro se victim assist4 ance programs, or community-based supple5 mentary services); 

6 ‘‘(C) offender management, monitoring, 

7 and accountability programs; 

8 ‘‘(D) safe and confidential information9 storage and information-sharing databases 

10 within and between court systems; 

11 ‘‘(E) education and outreach programs to 

12 improve community access, including enhanced 

13 access for underserved populations; and 

14 ‘‘(F) other projects likely to improve court 

15 responses to domestic violence, dating violence, 

16 sexual assault, and stalking; 

17 ‘‘(6) provide civil legal assistance and advocacy 

18 services, including legal information and resources in 

19 cases in which the victim proceeds pro se, to— 

20 ‘‘(A) victims of domestic violence; and 

21 ‘‘(B) nonoffending parents in matters— 

22 ‘‘(i) that involve allegations of child 

23 sexual abuse; 
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1 ‘‘(ii) that relate to family matters, in2 cluding civil protection orders, custody, 

3 and divorce; and 

4 ‘‘(iii) in which the other parent is rep5 resented by counsel; 

6 ‘‘(7) collect data and provide training and tech7 nical assistance, including developing State, local, 

8 and tribal model codes and policies, to improve the 

9 capacity of grantees and communities to address the 

10 civil justice needs of victims of domestic violence, 

11 dating violence, sexual assault, and stalking who 

12 have legal representation, who are proceeding pro se, 

13 or who are proceeding with the assistance of a legal 

14 advocate; and 

15 ‘‘(8) to improve training and education to assist 

16 judges, judicial personnel, attorneys, child welfare 

17 personnel, and legal advocates in the civil justice 

18 system. 

19 ‘‘(c) CONSIDERATIONS.— 

20 ‘‘(1) IN GENERAL.—In making grants for pur21 poses described in paragraphs (1) through (7) of 

22 subsection (b), the Attorney General shall consider— 

23 ‘‘(A) the number of families to be served 

24 by the proposed programs and services; 
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1 ‘‘(B) the extent to which the proposed pro2 grams and services serve underserved popu3 lations; 

4 ‘‘(C) the extent to which the applicant 

5 demonstrates cooperation and collaboration 

6 with nonprofit, nongovernmental entities in the 

7 local community with demonstrated histories of 

8 effective work on domestic violence, dating vio9 lence, sexual assault, or stalking, including 

10 State or tribal domestic violence coalitions, 

11 State or tribal sexual assault coalitions, local 

12 shelters, and programs for domestic violence 

13 and sexual assault victims; and 

14 ‘‘(D) the extent to which the applicant 

15 demonstrates coordination and collaboration 

16 with State, tribal, and local court systems, in17 cluding mechanisms for communication and re18 ferral. 

19 ‘‘(2) OTHER GRANTS.—In making grants under 

20 subsection (b)(8) the Attorney General shall take 

21 into account the extent to which the grantee has ex22 pertise addressing the judicial system’s handling of 

23 family violence, child custody, child abuse and ne24 glect, adoption, foster care, supervised visitation, di25 vorce, and parentage. 
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1 ‘‘(d) APPLICANT REQUIREMENTS.—The Attorney 

2 General may make a grant under this section to an appli3 cant that— 

4 ‘‘(1) demonstrates expertise in the areas of do5 mestic violence, dating violence, sexual assault, 

6 stalking, or child sexual abuse, as appropriate; 

7 ‘‘(2) ensures that any fees charged to individ8 uals for use of supervised visitation programs and 

9 services are based on the income of those individ10 uals, unless otherwise provided by court order; 

11 ‘‘(3) for a court-based program, certifies that 

12 victims of domestic violence, dating violence, sexual 

13 assault, or stalking are not charged fees or any 

14 other costs related to the filing, petitioning, modi15 fying, issuance, registration, enforcement, with16 drawal, or dismissal of matters relating to the do17 mestic violence, dating violence, sexual assault, or 

18 stalking; 

19 ‘‘(4) demonstrates that adequate security meas20 ures, including adequate facilities, procedures, and 

21 personnel capable of preventing violence, and ade22 quate standards are, or will be, in place (including 

23 the development of protocols or policies to ensure 

24 that confidential information is not shared with 

25 courts, law enforcement agencies, or child welfare 
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1 agencies unless necessary to ensure the safety of any 

2 child or adult using the services of a program fund3 ed under this section), if the applicant proposes to 

4 operate supervised visitation programs and services 

5 or safe visitation exchange; 

6 ‘‘(5) certifies that the organizational policies of 

7 the applicant do not require mediation or counseling 

8 involving offenders and victims being physically 

9 present in the same place, in cases where domestic 

10 violence, dating violence, sexual assault, or stalking 

11 is alleged; 

12 ‘‘(6) certifies that any person providing legal 

13 assistance through a program funded under this sec14 tion has completed or will complete training on do15 mestic violence, dating violence, sexual assault, and 

16 stalking, including child sexual abuse, and related 

17 legal issues; and 

18 ‘‘(7) certifies that any person providing custody 

19 evaluation or guardian ad litem services through a 

20 program funded under this section has completed or 

21 will complete training developed with input from and 

22 in collaboration with a tribal, State, territorial, or 

23 local domestic violence, dating violence, sexual as24 sault, or stalking victim service provider or coalition 

25 on the dynamics of domestic violence and sexual as-
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1 sault, including child sexual abuse, that includes 

2 training on how to review evidence of past abuse and 

3 the use of evidenced-based theories to make rec4 ommendations on custody and visitation. 

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section, 

7 $22,000,000 for each of fiscal years 2012 through 2016. 

8 Amounts appropriated pursuant to this subsection shall 

9 remain available until expended. 

10 ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— 

11 ‘‘(1) IN GENERAL.—Not less than 10 percent of 

12 the total amount available under this section for 

13 each fiscal year shall be available for grants under 

14 the program authorized by section 3796gg–10 of 

15 this title. 

16 ‘‘(2) APPLICABILITY OF PART.—The require17 ments of this section shall not apply to funds allo18 cated for the program described in paragraph (1).’’. 

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 Subtitle J of the Violence Against Women Act of 1994 

21 (42 U.S.C. 14043 et seq.) is repealed. 

22 SEC. 105. SEX OFFENDER MANAGEMENT. 

23 Section 40152(c) of the Violence Against Women Act 

24 of 1994 (42 U.S.C. 13941) is amended by striking 
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1 ‘‘$5,000,000’’ and all that follows and inserting 

2 ‘‘$5,000,000 for each of fiscal years 2012 through 2016.’’. 

3 SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PRO4 GRAM. 

5 Subtitle B of title II of the Crime Control Act of 1990 

6 (42 U.S.C. 13011 et seq.) is amended— 

7 (1) in section 216 (42 U.S.C. 13012), by strik8 ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

9 2015’’; 

10 (2) in section 217 (42 U.S.C. 13013)— 

11 (A) by striking ‘‘Code of Ethics’’ in section 

12 (c)(2) and inserting ‘‘Standards for Programs’’; 

13 and 

14 (B) by adding at the end the following: 

15 ‘‘(e) REPORTING.—An organization that receives a 

16 grant under this section for a fiscal year shall submit to 

17 the Administrator a report regarding the use of the grant 

18 for the fiscal year, including a discussion of outcome per19 formance measures (which shall be established by the Ad20 ministrator) to determine the effectiveness of the pro21 grams of the organization in meeting the needs of children 

22 in the child welfare system.’’; and 

23 (3) in section 219(a) (42 U.S.C. 13014(a)), by 

24 striking ‘‘fiscal years 2007 through 2011’’ and in25 serting ‘‘fiscal years 2012 through 2016’’. 
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1 SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, 

2 INCLUDING CYBERSTALKING. 

3 (a) INTERSTATE DOMESTIC VIOLENCE.—Section 

4 2261(a)(1) of title 18, United States Code, is amended— 

5 (1) by inserting ‘‘is present’’ after ‘‘Indian 

6 Country or’’; and 

7 (2) by inserting ‘‘or presence’’ after ‘‘as a result 

8 of such travel’’; 

9 (b) STALKING.—Section 2261A of title 18, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 2261A. Stalking 

12 ‘‘Whoever— 

13 ‘‘(1) travels in interstate or foreign commerce 

14 or is present within the special maritime and terri15 torial jurisdiction of the United States, or enters or 

16 leaves Indian country, with the intent to kill, injure, 

17 harass, intimidate, or place under surveillance with 

18 intent to kill, injure, harass, or intimidate another 

19 person, and in the course of, or as a result of, such 

20 travel or presence engages in conduct that— 

21 ‘‘(A) places that person in reasonable fear 

22 of the death of, or serious bodily injury to— 

23 ‘‘(i) that person; 

24 ‘‘(ii) an immediate family member (as 

25 defined in section 115) of that person; or 
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1 ‘‘(iii) a spouse or intimate partner of 

2 that person; or 

3 ‘‘(B) causes, attempts to cause, or would 

4 be reasonably expected to cause substantial 

5 emotional distress to a person described in 

6 clause (i), (ii), or (iii) of subparagraph (A); or 

7 ‘‘(2) with the intent to kill, injure, harass, in8 timidate, or place under surveillance with intent to 

9 kill, injure, harass, or intimidate another person, 

10 uses the mail, any interactive computer service or 

11 electronic communication service or electronic com12 munication system of interstate commerce, or any 

13 other facility of interstate or foreign commerce to 

14 engage in a course of conduct that— 

15 ‘‘(A) places that person in reasonable fear 

16 of the death of or serious bodily injury to a per17 son described in clause (i), (ii), or (iii) of para18 graph (1)(A); or 

19 ‘‘(B) causes, attempts to cause, or would 

20 be reasonably expected to cause substantial 

21 emotional distress to a person described in 

22 clause (i), (ii), or (iii) of paragraph (1)(A), 

23 shall be punished as provided in section 2261(b) of 

24 this title.’’. 
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1 (c) INTERSTATE VIOLATION OF PROTECTION

2 ORDER.—Section 2262(a)(2) of title 18, United States 

3 Code, is amended by inserting ‘‘is present’’ after ‘‘Indian 

4 Country or’’. 

5 SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED 

6 POPULATIONS GRANT. 

7 Section 120 of the Violence Against Women and De8 partment of Justice Reauthorization Act of 2005 (42 

9 U.S.C. 14045) is amended to read as follows: 

10 ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UN11 DERSERVED POPULATIONS. 

12 ‘‘(a) GRANTS AUTHORIZED.— 

13 ‘‘(1) IN GENERAL.—Of the amounts appro14 priated under the grant programs identified in para15 graph (2), the Attorney General shall take 2 percent 

16 of such appropriated amounts and combine them to 

17 award grants to eligible entities described in sub18 section (b) of this section to develop and implement 

19 outreach strategies targeted at adult or youth vic20 tims of domestic violence, dating violence, sexual as21 sault, or stalking in underserved populations and to 

22 provide victim services to meet the needs of adult 

23 and youth victims of domestic violence, dating vio24 lence, sexual assault, and stalking in underserved 

25 populations. The requirements of the grant pro-
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1 grams identified in paragraph (2) shall not apply to 

2 this grant program. 

3 ‘‘(2) PROGRAMS COVERED.—The programs cov4 ered by paragraph (1) are the programs carried out 

5 under the following provisions: 

6 ‘‘(A) Section 2001 of the Omnibus Crime 

7 Control and Safe Streets Act of 1968 (Grants 

8 to Combat Violent Crimes Against Women). 

9 ‘‘(B) Section 2101 of the Omnibus Crime 

10 Control and Safe Streets Act of 1968 (Grants 

11 to Encourage Arrest Policies and Enforcement 

12 of Protection Orders Program). 

13 ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities under 

14 this section are— 

15 ‘‘(1) population specific organizations that have 

16 demonstrated experience and expertise in providing 

17 population specific services in the relevant under18 served communities, or population specific organiza19 tions working in partnership with a victim service 

20 provider or domestic violence or sexual assault coali21 tion; 

22 ‘‘(2) victim service providers offering population 

23 specific services for a specific underserved popu24 lation; or 
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1 ‘‘(3) victim service providers working in part2 nership with a national, State, tribal, or local organi3 zation that has demonstrated experience and exper4 tise in providing population specific services in the 

5 relevant underserved population. 

6 ‘‘(c) PLANNING GRANTS.—The Attorney General 

7 may use up to 25 percent of funds available under this 

8 section to make one-time planning grants to eligible enti9 ties to support the planning and development of specially 

10 designed and targeted programs for adult and youth vic11 tims in one or more underserved populations, including— 

12 ‘‘(1) identifying, building and strengthening 

13 partnerships with potential collaborators within un14 derserved populations, Federal, State, tribal, terri15 torial or local government entities, and public and 

16 private organizations; 

17 ‘‘(2) conducting a needs assessment of the com18 munity and the targeted underserved population or 

19 populations to determine what the barriers are to 

20 service access and what factors contribute to those 

21 barriers, using input from the targeted underserved 

22 population or populations; 

23 ‘‘(3) identifying promising prevention, outreach 

24 and intervention strategies for victims from a tar25 geted underserved population or populations; and 
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1 ‘‘(4) developing a plan, with the input of the 

2 targeted underserved population or populations, for 

3 implementing prevention, outreach and intervention 

4 strategies to address the barriers to accessing serv5 ices, promoting community engagement in the pre6 vention of domestic violence, dating violence, sexual 

7 assault, and stalking within the targeted under8 served populations, and evaluating the program. 

9 ‘‘(d) IMPLEMENTATION GRANTS.—The Attorney 

10 General shall make grants to eligible entities for the pur11 pose of providing or enhancing population specific out12 reach and services to adult and youth victims in one or 

13 more underserved populations, including— 

14 ‘‘(1) working with Federal, State, tribal, terri15 torial and local governments, agencies, and organiza16 tions to develop or enhance population specific serv17 ices; 

18 ‘‘(2) strengthening the capacity of underserved 

19 populations to provide population specific services; 

20 ‘‘(3) strengthening the capacity of traditional 

21 victim service providers to provide population spe22 cific services; 

23 ‘‘(4) strengthening the effectiveness of criminal 

24 and civil justice interventions by providing training 

25 for law enforcement, prosecutors, judges and other 
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1 court personnel on domestic violence, dating vio2 lence, sexual assault, or stalking in underserved pop3 ulations; or 

4 ‘‘(5) working in cooperation with an under5 served population to develop and implement out6 reach, education, prevention, and intervention strate7 gies that highlight available resources and the spe8 cific issues faced by victims of domestic violence, 

9 dating violence, sexual assault, or stalking from un10 derserved populations. 

11 ‘‘(e) APPLICATION.—An eligible entity desiring a 

12 grant under this section shall submit an application to the 

13 Director of the Office on Violence Against Women at such 

14 time, in such form, and in such manner as the Director 

15 may prescribe. 

16 ‘‘(f) REPORTS.—Each eligible entity receiving a grant 

17 under this section shall submit to the Director of the Of18 fice on Violence Against Women a report that describes 

19 the activities carried out with grant funds. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In ad21 dition to the funds identified in subsection (a)(1), there 

22 are authorized to be appropriated to carry out this section 

23 $2,000,000 for each of fiscal years 2012 through 2016. 

24 ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.—In 

25 this section the definitions and grant conditions in section 
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1 40002 of the Violence Against Women Act of 1994 (42 

2 U.S.C. 13925) shall apply.’’. 

3 SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT. 

4 Section 121 of the Violence Against Women and De5 partment of Justice Reauthorization Act of 2005 (42 

6 U.S.C. 14045a) is amended— 

7 (1) in the section heading, by striking ‘‘AND

8 LINGUISTICALLY’’; 

9 (2) by striking ‘‘and linguistically’’ each place it 

10 appears; 

11 (3) by striking ‘‘and linguistic’’ each place it 

12 appears; 

13 (4) by striking subsection (a)(2) and inserting: 

14 ‘‘(2) PROGRAMS COVERED.—The programs cov15 ered by paragraph (1) are the programs carried out 

16 under the following provisions: 

17 ‘‘(A) Section 2101 of the Omnibus Crime 

18 Control and Safe Streets Act of 1968 (Grants 

19 to Encourage Arrest Policies and Enforcement 

20 of Protection Orders). 

21 ‘‘(B) Section 14201 of division B of the 

22 Victims of Trafficking and Violence Protection 

23 Act of 2000 (42 U.S.C. 3796gg–6) (Legal As24 sistance for Victims). 
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1 ‘‘(C) Section 40295 of the Violence 

2 Against Women Act of 1994 (42 U.S.C. 13971) 

3 (Rural Domestic Violence, Dating Violence, 

4 Sexual Assault, Stalking, and Child Abuse En5 forcement Assistance). 

6 ‘‘(D) Section 40802 of the Violence 

7 Against Women Act of 1994 (42 U.S.C. 

8 14041a) (Enhanced Training and Services to 

9 End Violence Against Women Later in Life). 

10 ‘‘(E) Section 1402 of division B of the Vic11 tims of Trafficking and Violence Protection Act 

12 of 2000 (42 U.S.C. 3796gg–7) (Education, 

13 Training, and Enhanced Services to End Vio14 lence Against and Abuse of Women with Dis15 abilities).’’; and 

16 (5) in subsection (g), by striking ‘‘linguistic 

17 and’’. 
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1 TITLE II—IMPROVING SERVICES 

2 FOR VICTIMS OF DOMESTIC 

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT, 

5 AND STALKING 

6 SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. 

7 (a) GRANTS TO STATES AND TERRITORIES.—Section 

8 41601(b) of the Violence Against Women Act of 1994 (42 

9 U.S.C. 14043g(b)) is amended— 

10 (1) in paragraph (1), by striking ‘‘other pro11 grams’’ and all that follows and inserting ‘‘other 

12 nongovernmental or tribal programs and projects to 

13 assist individuals who have been victimized by sexual 

14 assault, without regard to the age of the indi15 vidual.’’; 

16 (2) in paragraph (2)— 

17 (A) in subparagraph (B), by inserting ‘‘or 

18 tribal programs and activities’’ after ‘‘non19 governmental organizations’’; and 

20 (B) in subparagraph (C)(v), by striking 

21 ‘‘linguistically and’’; and 

22 (3) in paragraph (4)— 

23 (A) by inserting ‘‘(including the District of 

24 Columbia and Puerto Rico)’’ after ‘‘The Attor25 ney General shall allocate to each State’’; 
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1 (B) by striking ‘‘the District of Columbia, 

2 Puerto Rico,’’ after ‘‘Guam’’; 

3 (C) by striking ‘‘0.125 percent’’ and in4 serting ‘‘0.25 percent’’; and 

5 (D) by striking ‘‘The District of Columbia 

6 shall be treated as a territory for purposes of 

7 calculating its allocation under the preceding 

8 formula.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 41601(f)(1) of the Violence Against Women Act of 1994 

11 (42 U.S.C. 14043g(f)(1)) is amended by striking 

12 ‘‘$50,000,000 to remain available until expended for each 

13 of the fiscal years 2007 through 2011’’ and inserting 

14 ‘‘$40,000,000 to remain available until expended for each 

15 of fiscal years 2012 through 2016’’. 

16 SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, 

17 SEXUAL ASSAULT, STALKING, AND CHILD 

18 ABUSE ENFORCEMENT ASSISTANCE. 

19 Section 40295 of the Violence Against Women Act 

20 of 1994 (42 U.S.C. 13971) is amended— 

21 (1) in subsection (a)(1)(H), by inserting ‘‘, in22 cluding sexual assault forensic examiners’’ before the 

23 semicolon; 

24 (2) in subsection (b)— 

25 (A) in paragraph (1)— 
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1 (i) by striking ‘‘victim advocacy 

2 groups’’ and inserting ‘‘victim service pro3 viders’’; and 

4 (ii) by inserting ‘‘, including devel5 oping multidisciplinary teams focusing on 

6 high risk cases with the goal of preventing 

7 domestic and dating violence homicides’’ 

8 before the semicolon; 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘and other long- and 

11 short-term assistance’’ and inserting ‘‘legal 

12 assistance, and other long-term and short13 term victim and population specific serv14 ices’’; and 

15 (ii) by striking ‘‘and’’ at the end; 

16 (C) in paragraph (3), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(4) developing, enlarging, or strengthening 

20 programs addressing sexual assault, including sexual 

21 assault forensic examiner programs, Sexual Assault 

22 Response Teams, law enforcement training, and pro23 grams addressing rape kit backlogs. 

24 ‘‘(5) developing programs and strategies that 

25 focus on the specific needs of victims of domestic vi-
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1 olence, dating violence, sexual assault, and stalking 

2 who reside in remote rural and geographically iso3 lated areas, including addressing the challenges 

4 posed by the lack of access to shelters and victims 

5 services, and limited law enforcement resources and 

6 training, and providing training and resources to 

7 Community Health Aides involved in the delivery of 

8 Indian Health Service programs.’’; and 

9 (3) in subsection (e)(1), by striking 

10 ‘‘$55,000,000 for each of the fiscal years 2007 

11 through 2011’’ and inserting ‘‘$50,000,000 for each 

12 of fiscal years 2012 through 2016’’. 

13 SEC. 203. TRAINING AND SERVICES TO END VIOLENCE 

14 AGAINST WOMEN WITH DISABILITIES 

15 GRANTS. 

16 Section 1402 of division B of the Victims of Traf17 ficking and Violence Protection Act of 2000 (42 U.S.C. 

18 3796gg–7) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1), by inserting ‘‘(in21 cluding using evidence-based indicators to as22 sess the risk of domestic and dating violence 

23 homicide)’’ after ‘‘risk reduction’’; 
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1 (B) in paragraph (4), by striking ‘‘victim 

2 service organizations’’ and inserting ‘‘victim 

3 service providers’’; and 

4 (C) in paragraph (5), by striking ‘‘victim 

5 services organizations’’ and inserting ‘‘victim 

6 service providers’’; 

7 (2) in subsection (c)(1)(D), by striking ‘‘non8 profit and nongovernmental victim services organiza9 tion, such as a State’’ and inserting ‘‘victim service 

10 provider, such as a State or tribal’’; and 

11 (3) in subsection (e), by striking ‘‘$10,000,000 

12 for each of the fiscal years 2007 through 2011’’ and 

13 inserting ‘‘$9,000,000 for each of fiscal years 2012 

14 through 2016’’. 

15 SEC. 204. ENHANCED TRAINING AND SERVICES TO END 

16 ABUSE IN LATER LIFE. 

17 (a) IN GENERAL.—Subtitle H of the Violence Against 

18 Women Act of 1994 (42 U.S.C. 14041 et seq.) is amended 

19 to read as follows: 

20 ‘‘Subtitle H—Enhanced Training 

21 and Services to End Abuse 

22 Later in Life 

23 ‘‘SEC. 40801. ENHANCED TRAINING AND SERVICES TO END 

24 ABUSE IN LATER LIFE. 

25 ‘‘(a) DEFINITIONS.—In this section— 
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1 ‘‘(1) the term ‘exploitation’ has the meaning 

2 given the term in section 2011 of the Social Security 

3 Act (42 U.S.C. 1397j); 

4 ‘‘(2) the term ‘later life’, relating to an indi5 vidual, means the individual is 50 years of age or 

6 older; and 

7 ‘‘(3) the term ‘neglect’ means the failure of a 

8 caregiver or fiduciary to provide the goods or serv9 ices that are necessary to maintain the health or 

10 safety of an individual in later life. 

11 ‘‘(b) GRANT PROGRAM.— 

12 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

13 General may make grants to eligible entities to carry 

14 out the activities described in paragraph (2). 

15 ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI16 TIES.— 

17 ‘‘(A) MANDATORY ACTIVITIES.—An eligible 

18 entity receiving a grant under this section shall 

19 use the funds received under the grant to— 

20 ‘‘(i) provide training programs to as21 sist law enforcement agencies, prosecutors, 

22 agencies of States or units of local govern23 ment, population specific organizations, 

24 victim service providers, victim advocates, 

25 and relevant officers in Federal, tribal, 
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1 State, territorial, and local courts in recog2 nizing and addressing instances of elder 

3 abuse; 

4 ‘‘(ii) provide or enhance services for 

5 victims of abuse in later life, including do6 mestic violence, dating violence, sexual as7 sault, stalking, exploitation, and neglect; 

8 ‘‘(iii) establish or support multidisci9 plinary collaborative community responses 

10 to victims of abuse in later life, including 

11 domestic violence, dating violence, sexual 

12 assault, stalking, exploitation, and neglect; 

13 and 

14 ‘‘(iv) conduct cross-training for law 

15 enforcement agencies, prosecutors, agen16 cies of States or units of local government, 

17 attorneys, health care providers, population 

18 specific organizations, faith-based advo19 cates, victim service providers, and courts 

20 to better serve victims of abuse in later 

21 life, including domestic violence, dating vio22 lence, sexual assault, stalking, exploitation, 

23 and neglect. 

24 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi25 ble entity receiving a grant under this section 
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1 may use the funds received under the grant 

2 to— 

3 ‘‘(i) provide training programs to as4 sist attorneys, health care providers, faith5 based leaders, or other community-based 

6 organizations in recognizing and address7 ing instances of abuse in later life, includ8 ing domestic violence, dating violence, sex9 ual assault, stalking, exploitation, and ne10 glect; or 

11 ‘‘(ii) conduct outreach activities and 

12 awareness campaigns to ensure that vic13 tims of abuse in later life, including domes14 tic violence, dating violence, sexual assault, 

15 stalking, exploitation, and neglect receive 

16 appropriate assistance. 

17 ‘‘(C) WAIVER.—The Attorney General may 

18 waive 1 or more of the activities described in 

19 subparagraph (A) upon making a determination 

20 that the activity would duplicate services avail21 able in the community. 

22 ‘‘(D) LIMITATION.—An eligible entity re23 ceiving a grant under this section may use not 

24 more than 10 percent of the total funds re-
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1 ceived under the grant for an activity described 

2 in subparagraph (B)(ii). 

3 ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be 

4 eligible to receive a grant under this section if— 

5 ‘‘(A) the entity is— 

6 ‘‘(i) a State; 

7 ‘‘(ii) a unit of local government; 

8 ‘‘(iii) a tribal government or tribal or9 ganization; 

10 ‘‘(iv) a population specific organiza11 tion with demonstrated experience in as12 sisting individuals over 50 years of age; 

13 ‘‘(v) a victim service provider with 

14 demonstrated experience in addressing do15 mestic violence, dating violence, sexual as16 sault, and stalking; or 

17 ‘‘(vi) a State, tribal, or territorial do18 mestic violence or sexual assault coalition; 

19 and 

20 ‘‘(B) the entity demonstrates that it is 

21 part of a multidisciplinary partnership that in22 cludes, at a minimum— 

23 ‘‘(i) a law enforcement agency; 

24 ‘‘(ii) a prosecutor’s office; 

25 ‘‘(iii) a victim service provider; and 
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1 ‘‘(iv) a nonprofit program or govern2 ment agency with demonstrated experience 

3 in assisting individuals in later life; 

4 ‘‘(4) UNDERSERVED POPULATIONS.—In making 

5 grants under this section, the Attorney General shall 

6 give priority to proposals providing services to cul7 turally specific and underserved populations. 

8 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

9 There is authorized to be appropriated to carry out 

10 this section $9,000,000 for each of fiscal years 2012 

11 through 2016.’’. 

12 TITLE III—SERVICES, PROTEC13 TION, AND JUSTICE FOR 

14 YOUNG VICTIMS OF VIO15 LENCE 

16 SEC. 301. RAPE PREVENTION AND EDUCATION GRANT. 

17 Section 393A of the Public Health Service Act (42 

18 U.S.C. 280b–1b) is amended— 

19 (1) in subsection (a)— 

20 (A) in the matter preceding paragraph (1), 

21 by inserting ‘‘, territorial or tribal’’ after ‘‘crisis 

22 centers, State’’; and 

23 (B) in paragraph (6), by inserting ‘‘and al24 cohol’’ after ‘‘about drugs’’; and 

25 (2) in subsection (c)— 
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1 (A) in paragraph (1), by striking 

2 ‘‘$80,000,000 for each of fiscal years 2007 

3 through 2011’’ and inserting ‘‘$50,000,000 for 

4 each of fiscal years 2012 through 2016’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(3) BASELINE FUNDING FOR STATES, THE

7 DISTRICT OF COLUMBIA, AND PUERTO RICO.—A 

8 minimum allocation of $150,000 shall be awarded in 

9 each fiscal year for each of the States, the District 

10 of Columbia, and Puerto Rico. A minimum alloca11 tion of $35,000 shall be awarded in each fiscal year 

12 for each Territory. Any unused or remaining funds 

13 shall be allotted to each State, the District of Co14 lumbia, and Puerto Rico on the basis of popu15 lation.’’. 

16 SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, 

17 SERVICES, AND EDUCATION FOR CHILDREN 

18 AND YOUTH. 

19 Subtitle L of the Violence Against Women Act of 

20 1994 is amended by striking sections 41201 through 

21 41204 (42 U.S.C. 14043c through 14043c–3) and insert22 ing the following: 
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1 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP2 TIONS, SERVICES, AND EDUCATION FOR 

3 CHILDREN AND YOUTH (‘CHOOSE CHILDREN 

4 & YOUTH’). 

5 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General, 

6 working in collaboration with the Secretary of Health and 

7 Human Services and the Secretary of Education, shall 

8 award grants to enhance the safety of youth and children 

9 who are victims of, or exposed to, domestic violence, dating 

10 violence, sexual assault, or stalking and prevent future vio11 lence. 

12 ‘‘(b) PROGRAM PURPOSES.—Funds provided under 

13 this section may be used for the following program pur14 pose areas: 

15 ‘‘(1) SERVICES TO ADVOCATE FOR AND RE16 SPOND TO YOUTH.—To develop, expand, and 

17 strengthen victim-centered interventions and services 

18 that target youth who are victims of domestic vio19 lence, dating violence, sexual assault, and stalking. 

20 Services may include victim services, counseling, ad21 vocacy, mentoring, educational support, transpor22 tation, legal assistance in civil, criminal and admin23 istrative matters, such as family law cases, housing 

24 cases, child welfare proceedings, campus administra25 tive proceedings, and civil protection order pro26 ceedings, services to address the co-occurrence of sex 
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1 trafficking, population-specific services, and other 

2 activities that support youth in finding safety, sta3 bility, and justice and in addressing the emotional, 

4 cognitive, and physical effects of trauma. Funds may 

5 be used to— 

6 ‘‘(A) assess and analyze currently available 

7 services for youth victims of domestic violence, 

8 dating violence, sexual assault, and stalking, de9 termining relevant barriers to such services in 

10 a particular locality, and developing a commu11 nity protocol to address such problems collabo12 ratively; 

13 ‘‘(B) develop and implement policies, prac14 tices, and procedures to effectively respond to 

15 domestic violence, dating violence, sexual as16 sault, or stalking against youth; or 

17 ‘‘(C) provide technical assistance and 

18 training to enhance the ability of school per19 sonnel, victim service providers, child protective 

20 service workers, staff of law enforcement agen21 cies, prosecutors, court personnel, individuals 

22 who work in after school programs, medical 

23 personnel, social workers, mental health per24 sonnel, and workers in other programs that 

25 serve children and youth to improve their ability 
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1 to appropriately respond to the needs of chil2 dren and youth who are victims of domestic vio3 lence, dating violence, sexual assault, and stalk4 ing, and to properly refer such children, youth, 

5 and their families to appropriate services. 

6 ‘‘(2) SUPPORTING YOUTH THROUGH EDU7 CATION AND PROTECTION.—To enable middle 

8 schools, high schools, and institutions of higher edu9 cation to— 

10 ‘‘(A) provide training to school personnel, 

11 including healthcare providers and security per12 sonnel, on the needs of students who are vic13 tims of domestic violence, dating violence, sex14 ual assault, or stalking; 

15 ‘‘(B) develop and implement prevention 

16 and intervention policies in middle and high 

17 schools, including appropriate responses to, and 

18 identification and referral procedures for, stu19 dents who are experiencing or perpetrating do20 mestic violence, dating violence, sexual assault, 

21 or stalking, and procedures for handling the re22 quirements of court protective orders issued to 

23 or against students; 

24 ‘‘(C) provide support services for student 

25 victims of domestic violence, dating violence, 
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1 sexual assault or stalking, such as a resource 

2 person who is either on-site or on-call; 

3 ‘‘(D) implement developmentally appro4 priate educational programming for students re5 garding domestic violence, dating violence, sex6 ual assault, and stalking and the impact of such 

7 violence on youth; or 

8 ‘‘(E) develop strategies to increase identi9 fication, support, referrals, and prevention pro10 gramming for youth who are at high risk of do11 mestic violence, dating violence, sexual assault, 

12 or stalking. 

13 ‘‘(c) ELIGIBLE APPLICANTS.— 

14 ‘‘(1) IN GENERAL.—To be eligible to receive a 

15 grant under this section, an entity shall be— 

16 ‘‘(A) a victim service provider, tribal non17 profit, or population-specific or community18 based organization with a demonstrated history 

19 of effective work addressing the needs of youth 

20 who are, including runaway or homeless youth 

21 affected by, victims of domestic violence, dating 

22 violence, sexual assault, or stalking; 

23 ‘‘(B) a victim service provider that is 

24 partnered with an entity that has a dem-
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1 onstrated history of effective work addressing 

2 the needs of youth; or 

3 ‘‘(C) a public, charter, tribal, or nationally 

4 accredited private middle or high school, a 

5 school administered by the Department of De6 fense under section 2164 of title 10, United 

7 States Code or section 1402 of the Defense De8 pendents’ Education Act of 1978, a group of 

9 schools, a school district, or an institution of 

10 higher education. 

11 ‘‘(2) PARTNERSHIPS.— 

12 ‘‘(A) EDUCATION.—To be eligible to re13 ceive a grant for the purposes described in sub14 section (b)(2), an entity described in paragraph 

15 (1) shall be partnered with a public, charter, 

16 tribal, or nationally accredited private middle or 

17 high school, a school administered by the De18 partment of Defense under section 2164 of title 

19 10, United States Code or section 1402 of the 

20 Defense Dependents’ Education Act of 1978, a 

21 group of schools, a school district, or an institu22 tion of higher education. 

23 ‘‘(B) OTHER PARTNERSHIPS.—All appli24 cants under this section are encouraged to work 

25 in partnership with organizations and agencies 
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1 that work with the relevant population. Such 

2 entities may include— 

3 ‘‘(i) a State, tribe, unit of local gov4 ernment, or territory; 

5 ‘‘(ii) a population specific or commu6 nity-based organization; 

7 ‘‘(iii) batterer intervention programs 

8 or sex offender treatment programs with 

9 specialized knowledge and experience work10 ing with youth offenders; or 

11 ‘‘(iv) any other agencies or nonprofit, 

12 nongovernmental organizations with the 

13 capacity to provide effective assistance to 

14 the adult, youth, and child victims served 

15 by the partnership. 

16 ‘‘(d) GRANTEE REQUIREMENTS.—Applicants for 

17 grants under this section shall establish and implement 

18 policies, practices, and procedures that— 

19 ‘‘(1) require and include appropriate referral 

20 systems for child and youth victims; 

21 ‘‘(2) protect the confidentiality and privacy of 

22 child and youth victim information, particularly in 

23 the context of parental or third party involvement 

24 and consent, mandatory reporting duties, and work-
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1 ing with other service providers all with priority on 

2 victim safety and autonomy; and 

3 ‘‘(3) ensure that all individuals providing inter4 vention or prevention programming to children or 

5 youth through a program funded under this section 

6 have completed, or will complete, sufficient training 

7 in connection with domestic violence, dating violence, 

8 sexual assault and stalking. 

9 ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In 

10 this section, the definitions and grant conditions provided 

11 for in section 40002 shall apply. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to carry out this section, 

14 $15,000,000 for each of fiscal years 2012 through 2016. 

15 ‘‘(g) ALLOTMENT.— 

16 ‘‘(1) IN GENERAL.—Not less than 50 percent of 

17 the total amount appropriated under this section for 

18 each fiscal year shall be used for the purposes de19 scribed in subsection (b)(1). 

20 ‘‘(2) INDIAN TRIBES.—Not less than 10 percent 

21 of the total amount appropriated under this section 

22 for each fiscal year shall be made available for 

23 grants under the program authorized by section 

24 2015 of the Omnibus Crime Control and Safe 

25 Streets Act of 1968. The requirements of this sec-
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1 tion shall not apply to funds allocated under this 

2 paragraph. 

3 ‘‘(h) PRIORITY.—The Attorney General shall 

4 prioritize grant applications under this section that coordi5 nate with prevention programs in the community.’’. 

6 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM7 PUSES. 

8 Section 304 of the Violence Against Women and De9 partment of Justice Reauthorization Act of 2005 (42 

10 U.S.C. 14045b) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘stalking on campuses, 

14 and’’ and inserting ‘‘stalking on cam15 puses,’’; 

16 (ii) by striking ‘‘crimes against women 

17 on’’ and inserting ‘‘crimes on’’; and 

18 (iii) by inserting ‘‘, and to develop and 

19 strengthen prevention education and 

20 awareness programs’’ before the period; 

21 and 

22 (B) in paragraph (2), by striking 

23 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (2)— 
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1 (i) by inserting ‘‘, strengthen,’’ after 

2 ‘‘To develop’’; and 

3 (ii) by inserting ‘‘including the use of 

4 technology to commit these crimes,’’ after 

5 ‘‘sexual assault and stalking,’’; 

6 (B) in paragraph (4)— 

7 (i) by inserting ‘‘and population spe8 cific services’’ after ‘‘strengthen victim 

9 services programs’’; 

10 (ii) by striking ‘‘entities carrying out’’ 

11 and all that follows through ‘‘stalking vic12 tim services programs’’ and inserting ‘‘vic13 tim service providers’’; and 

14 (iii) by inserting ‘‘, regardless of 

15 whether the services are provided by the 

16 institution or in coordination with commu17 nity victim service providers’’ before the 

18 period at the end; and 

19 (C) by adding at the end the following: 

20 ‘‘(9) To develop or adapt and provide develop21 mental, culturally appropriate, and linguistically ac22 cessible print or electronic materials to address both 

23 prevention and intervention in domestic violence, 

24 dating violence, sexual violence, and stalking. 
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1 ‘‘(10) To develop or adapt population specific 

2 strategies and projects for victims of domestic vio3 lence, dating violence, sexual assault, and stalking 

4 from underserved populations on campus.’’; 

5 (3) in subsection (c)— 

6 (A) in paragraph (2)— 

7 (i) in subparagraph (B), by striking 

8 ‘‘any non-profit’’ and all that follows 

9 through ‘‘victim services programs’’ and 

10 inserting ‘‘victim service providers’’; 

11 (ii) by redesignating subparagraphs 

12 (D) through (F) as subparagraphs (E) 

13 through (G), respectively; and 

14 (iii) by inserting after subparagraph 

15 (C), the following: 

16 ‘‘(D) describe how underserved populations 

17 in the campus community will be adequately 

18 served, including the provision of relevant popu19 lation specific services;’’; and 

20 (B) in paragraph (3), by striking ‘‘2007 

21 through 2011’’ and inserting ‘‘2012 through 

22 2016’’; 

23 (4) in subsection (d)— 

24 (A) by redesignating paragraph (3) as 

25 paragraph (4); and 
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1 (B) by inserting after paragraph (2), the 

2 following: 

3 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— 

4 Each grantee shall comply with the following min5 imum requirements during the grant period: 

6 ‘‘(A) The grantee shall create a coordi7 nated community response including both orga8 nizations external to the institution and rel9 evant divisions of the institution. 

10 ‘‘(B) The grantee shall establish a manda11 tory prevention and education program on do12 mestic violence, dating violence, sexual assault, 

13 and stalking for all incoming students. 

14 ‘‘(C) The grantee shall train all campus 

15 law enforcement to respond effectively to do16 mestic violence, dating violence, sexual assault, 

17 and stalking. 

18 ‘‘(D) The grantee shall train all members 

19 of campus disciplinary boards to respond effec20 tively to situations involving domestic violence, 

21 dating violence, sexual assault, or stalking.’’; 

22 and 

23 (5) in subsection (e), by striking ‘‘there are’’ 

24 and all that follows through the period and inserting 
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1 ‘‘there is authorized to be appropriated $12,000,000 

2 for each of fiscal years 2012 through 2016.’’. 

3 SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO4 LENCE, DATING VIOLENCE, AND STALKING 

5 EDUCATION AND PREVENTION. 

6 (a) IN GENERAL.—Section 485(f) of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (C)(iii), by striking 

10 the period at the end and inserting ‘‘, when the 

11 victim of such crime elects or is unable to make 

12 such a report.’’; and 

13 (B) in subparagraph (F)— 

14 (i) in clause (i)(VIII), by striking 

15 ‘‘and’’ after the semicolon; 

16 (ii) in clause (ii)— 

17 (I) by striking ‘‘sexual orienta18 tion’’ and inserting ‘‘ national origin, 

19 sexual orientation, gender identity,’’; 

20 and 

21 (II) by striking the period and 

22 inserting ‘‘; and’’; and 

23 (iii) by adding at the end the fol24 lowing: 
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1 ‘‘(iii) of domestic violence, dating vio2 lence, and stalking incidents that were re3 ported to campus security authorities or 

4 local police agencies.’’; 

5 (2) in paragraph (3), by inserting ‘‘, that with6 holds the names of victims as confidential,’’ after 

7 ‘‘that is timely’’; 

8 (3) in paragraph (6)(A)— 

9 (A) by redesignating clauses (i), (ii), and 

10 (iii) as clauses (ii), (iii), and (iv), respectively; 

11 (B) by inserting before clause (ii), as re12 designated by subparagraph (A), the following: 

13 ‘‘(i) The terms ‘dating violence’, ‘domestic vio14 lence’, and ‘stalking’ have the meaning given such 

15 terms in section 40002(a) of the Violence Against 

16 Women Act of 1994 (42 U.S.C. 13925(a)).’’; and 

17 (C) by inserting after clause (iv), as redes18 ignated by subparagraph (A), the following: 

19 ‘‘(v) The term ‘sexual assault’ means an offense 

20 classified as a forcible or nonforcible sex offense 

21 under the uniform crime reporting system of the 

22 Federal Bureau of Investigation.’’; 

23 (4) in paragraph (7)— 
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1 (A) by striking ‘‘paragraph (1)(F)’’ and in2 serting ‘‘clauses (i) and (ii) of paragraph 

3 (1)(F)’’; and 

4 (B) by inserting after ‘‘Hate Crime Statis5 tics Act.’’ the following: ‘‘For the offenses of 

6 domestic violence, dating violence, and stalking, 

7 such statistics shall be compiled in accordance 

8 with the definitions used in section 40002(a) of 

9 the Violence Against Women Act of 1994 (42 

10 U.S.C. 13925(a)).’’; 

11 (5) by striking paragraph (8) and inserting the 

12 following: 

13 ‘‘(8)(A) Each institution of higher education partici14 pating in any program under this title and title IV of the 

15 Economic Opportunity Act of 1964, other than a foreign 

16 institution of higher education, shall develop and dis17 tribute as part of the report described in paragraph (1) 

18 a statement of policy regarding— 

19 ‘‘(i) such institution’s programs to prevent do20 mestic violence, dating violence, sexual assault, and 

21 stalking; and 

22 ‘‘(ii) the procedures that such institution will 

23 follow once an incident of domestic violence, dating 

24 violence, sexual assault, or stalking has been re25 ported, including a statement of the standard of evi-
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1 dence that will be used during any institutional con2 duct proceeding arising from such a report. 

3 ‘‘(B) The policy described in subparagraph (A) shall 

4 address the following areas: 

5 ‘‘(i) Education programs to promote the aware6 ness of rape, acquaintance rape, domestic violence, 

7 dating violence, sexual assault, and stalking, which 

8 shall include— 

9 ‘‘(I) primary prevention and awareness 

10 programs for all incoming students and new 

11 employees, which shall include— 

12 ‘‘(aa) a statement that the institution 

13 of higher education prohibits the offenses 

14 of domestic violence, dating violence, sex15 ual assault, and stalking; 

16 ‘‘(bb) the definition of domestic vio17 lence, dating violence, sexual assault, and 

18 stalking in the applicable jurisdiction; 

19 ‘‘(cc) the definition of consent, in ref20 erence to sexual activity, in the applicable 

21 jurisdiction; 

22 ‘‘(dd) safe and positive options for by23 stander intervention that may be carried 

24 out by an individual to prevent harm or in25 tervene when there is a risk of domestic vi-
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1 olence, dating violence, sexual assault, or 

2 stalking against a person other than such 

3 individual; 

4 ‘‘(ee) information on risk reduction to 

5 recognize warning signs of abusive behav6 ior and how to avoid potential attacks; and 

7 ‘‘(ff) the information described in 

8 clauses (ii) through (vii); and 

9 ‘‘(II) ongoing prevention and awareness 

10 campaigns for students and faculty, including 

11 information described in items (aa) through (ff) 

12 of subclause (I). 

13 ‘‘(ii) Possible sanctions or protective measures 

14 that such institution may impose following a final 

15 determination of an institutional disciplinary proce16 dure regarding rape, acquaintance rape, domestic vi17 olence, dating violence, sexual assault, or stalking. 

18 ‘‘(iii) Procedures victims should follow if a sex 

19 offense, domestic violence, dating violence, sexual as20 sault, or stalking has occurred, including informa21 tion in writing about— 

22 ‘‘(I) the importance of preserving evidence 

23 as may be necessary to the proof of criminal do24 mestic violence, dating violence, sexual assault, 

25 or stalking, or in obtaining a protection order; 
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1 ‘‘(II) to whom the alleged offense should 

2 be reported; 

3 ‘‘(III) options regarding law enforcement 

4 and campus authorities, including notification 

5 of the victim’s option to— 

6 ‘‘(aa) notify proper law enforcement 

7 authorities, including on-campus and local 

8 police; 

9 ‘‘(bb) be assisted by campus authori10 ties in notifying law enforcement authori11 ties if the victim so chooses; and 

12 ‘‘(cc) decline to notify such authori13 ties; and 

14 ‘‘(IV) where applicable, the rights of vic15 tims and the institution’s responsibilities re16 garding orders of protection, no contact orders, 

17 restraining orders, or similar lawful orders 

18 issued by a criminal, civil, or tribal court. 

19 ‘‘(iv) Procedures for institutional disciplinary 

20 action in cases of alleged domestic violence, dating 

21 violence, sexual assault, or stalking, which shall in22 clude a clear statement that— 

23 ‘‘(I) such proceedings shall— 

24 ‘‘(aa) provide a prompt, fair, and im25 partial investigation and resolution; and 
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1 ‘‘(bb) be conducted by officials who 

2 receive annual training on the issues re3 lated to domestic violence, dating violence, 

4 sexual assault, and stalking and how to 

5 conduct an investigation and hearing proc6 ess that protects the safety of victims and 

7 promotes accountability; 

8 ‘‘(II) the accuser and the accused are enti9 tled to the same opportunities to have others 

10 present during an institutional disciplinary pro11 ceeding, including the opportunity to be accom12 panied to any related meeting or proceeding by 

13 an advisor of their choice; and 

14 ‘‘(III) both the accuser and the accused 

15 shall be simultaneously informed, in writing, 

16 of— 

17 ‘‘(aa) the outcome of any institutional 

18 disciplinary proceeding that arises from an 

19 allegation of domestic violence, dating vio20 lence, sexual assault, or stalking; 

21 ‘‘(bb) the institution’s procedures for 

22 the accused and the victim to appeal the 

23 results of the institutional disciplinary pro24 ceeding; 
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1 ‘‘(cc) of any change to the results that 

2 occurs prior to the time that such results 

3 become final; and 

4 ‘‘(dd) when such results become final. 

5 ‘‘(v) Information about how the institution will 

6 protect the confidentiality of victims, including how 

7 publicly-available recordkeeping will be accomplished 

8 without the inclusion of identifying information 

9 about the victim, to the extent permissible by law. 

10 ‘‘(vi) Written notification of students and em11 ployees about existing counseling, health, mental 

12 health, victim advocacy, legal assistance, and other 

13 services available for victims both on-campus and in 

14 the community. 

15 ‘‘(vii) Written notification of victims about op16 tions for, and available assistance in, changing aca17 demic, living, transportation, and working situations, 

18 if so requested by the victim and if such accom19 modations are reasonably available, regardless of 

20 whether the victim chooses to report the crime to 

21 campus police or local law enforcement. 

22 ‘‘(C) A student or employee who reports to an institu23 tion of higher education that the student or employee has 

24 been a victim of domestic violence, dating violence, sexual 

25 assault, or stalking, whether the offense occurred on or 
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1 off campus, shall be provided with a written explanation 

2 of the student or employee’s rights and options, as de3 scribed in clauses (ii) through (vii) of subparagraph (B).’’; 

4 (6) in paragraph (9), by striking ‘‘The Sec5 retary’’ and inserting ‘‘The Secretary, in consulta6 tion with the Attorney General of the United 

7 States,’’; 

8 (7) by striking paragraph (16) and inserting 

9 the following: 

10 ‘‘(16)(A) The Secretary shall seek the advice and 

11 counsel of the Attorney General of the United States con12 cerning the development, and dissemination to institutions 

13 of higher education, of best practices information about 

14 campus safety and emergencies. 

15 ‘‘(B) The Secretary shall seek the advice and counsel 

16 of the Attorney General of the United States and the Sec17 retary of Health and Human Services concerning the de18 velopment, and dissemination to institutions of higher 

19 education, of best practices information about preventing 

20 and responding to incidents of domestic violence, dating 

21 violence, sexual assault, and stalking, including elements 

22 of institutional policies that have proven successful based 

23 on evidence-based outcome measurements.’’; and 

24 (8) by striking paragraph (17) and inserting 

25 the following: 
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1 ‘‘(17) No officer, employee, or agent of an institution 

2 participating in any program under this title shall retali3 ate, intimidate, threaten, coerce, or otherwise discriminate 

4 against any individual for exercising their rights or re5 sponsibilities under any provision of this subsection.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect with respect to the annual 

8 security report under section 485(f)(1) of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by 

10 an institution of higher education 1 calendar year after 

11 the date of enactment of this Act, and each subsequent 

12 calendar year. 

13 TITLE IV—VIOLENCE 

14 REDUCTION PRACTICES 

15 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS16 EASE CONTROL AND PREVENTION. 

17 Section 402(c) of the Violence Against Women and 

18 Department of Justice Reauthorization Act of 2005 (42 

19 U.S.C. 280b–4(c)) is amended by striking ‘‘$2,000,000 for 

20 each of the fiscal years 2007 through 2011’’ and inserting 

21 ‘‘$1,000,000 for each of the fiscal years 2012 through 

22 2016’’. 
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1 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

2 THROUGH PREVENTION GRANTS. 

3 (a) SMART PREVENTION.—Section 41303 of the Vi4 olence Against Women Act of 1994 (42 U.S.C. 14043d– 

5 2) is amended to read as follows: 

6 ‘‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES 

7 THROUGH PREVENTION (SMART PREVEN8 TION). 

9 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General, 

10 in consultation with the Secretary of Health and Human 

11 Services and the Secretary of Education, is authorized to 

12 award grants for the purpose of preventing domestic vio13 lence, dating violence, sexual assault, and stalking by tak14 ing a comprehensive approach that focuses on youth, chil15 dren exposed to violence, and men as leaders and 

16 influencers of social norms. 

17 ‘‘(b) USE OF FUNDS.—Funds provided under this 

18 section may be used for the following purposes: 

19 ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND

20 PREVENTION.—To develop, maintain, or enhance 

21 programs that change attitudes and behaviors 

22 around the acceptability of domestic violence, dating 

23 violence, sexual assault, and stalking and provide 

24 education and skills training to young individuals 

25 and individuals who influence young individuals. The 

26 prevention program may use evidence-based, evi-
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1 dence-informed, or innovative strategies and prac2 tices focused on youth. Such a program should in3 clude— 

4 ‘‘(A) age and developmentally-appropriate 

5 education on domestic violence, dating violence, 

6 sexual assault, stalking, and sexual coercion, as 

7 well as healthy relationship skills, in school, in 

8 the community, or in health care settings; 

9 ‘‘(B) community-based collaboration and 

10 training for those with influence on youth, such 

11 as parents, teachers, coaches, healthcare pro12 viders, faith-leaders, older teens, and mentors; 

13 ‘‘(C) education and outreach to change en14 vironmental factors contributing to domestic vi15 olence, dating violence, sexual assault, and 

16 stalking; and 

17 ‘‘(D) policy development targeted to pre18 vention, including school-based policies and pro19 tocols. 

20 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

21 ABUSE.—To develop, maintain or enhance programs 

22 designed to prevent future incidents of domestic vio23 lence, dating violence, sexual assault, and stalking 

24 by preventing, reducing and responding to children’s 
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1 exposure to violence in the home. Such programs 

2 may include— 

3 ‘‘(A) providing services for children ex4 posed to domestic violence, dating violence, sex5 ual assault or stalking, including direct coun6 seling or advocacy, and support for the non7 abusing parent; and 

8 ‘‘(B) training and coordination for edu9 cational, after-school, and childcare programs 

10 on how to safely and confidentially identify chil11 dren and families experiencing domestic vio12 lence, dating violence, sexual assault, or stalk13 ing and properly refer children exposed and 

14 their families to services and violence prevention 

15 programs. 

16 ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE

17 MODELS.—To develop, maintain or enhance pro18 grams that work with men to prevent domestic vio19 lence, dating violence, sexual assault, and stalking 

20 by helping men to serve as role models and social 

21 influencers of other men and youth at the individual, 

22 school, community or statewide levels. 

23 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

24 a grant under this section, an entity shall be— 
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1 ‘‘(1) a victim service provider, community-based 

2 organization, tribe or tribal organization, or other 

3 non-profit, nongovernmental organization that has a 

4 history of effective work preventing domestic vio5 lence, dating violence, sexual assault, or stalking and 

6 expertise in the specific area for which they are ap7 plying for funds; or 

8 ‘‘(2) a partnership between a victim service pro9 vider, community-based organization, tribe or tribal 

10 organization, or other non-profit, nongovernmental 

11 organization that has a history of effective work pre12 venting domestic violence, dating violence, sexual as13 sault, or stalking and at least one of the following 

14 that has expertise in serving children exposed to do15 mestic violence, dating violence, sexual assault, or 

16 stalking, youth domestic violence, dating violence, 

17 sexual assault, or stalking prevention, or engaging 

18 men to prevent domestic violence, dating violence, 

19 sexual assault, or stalking: 

20 ‘‘(A) A public, charter, tribal, or nationally 

21 accredited private middle or high school, a 

22 school administered by the Department of De23 fense under section 2164 of title 10, United 

24 States Code or section 1402 of the Defense De-
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1 pendents’ Education Act of 1978, a group of 

2 schools, or a school district. 

3 ‘‘(B) A local community-based organiza4 tion, population-specific organization, or faith5 based organization that has established exper6 tise in providing services to youth. 

7 ‘‘(C) A community-based organization, 

8 population-specific organization, university or 

9 health care clinic, faith-based organization, or 

10 other non-profit, nongovernmental organization 

11 with a demonstrated history of effective work 

12 addressing the needs of children exposed to do13 mestic violence, dating violence, sexual assault, 

14 or stalking. 

15 ‘‘(D) A nonprofit, nongovernmental entity 

16 providing services for runaway or homeless 

17 youth affected by domestic violence, dating vio18 lence, sexual assault, or stalking. 

19 ‘‘(E) Healthcare entities eligible for reim20 bursement under title XVIII of the Social Secu21 rity Act, including providers that target the 

22 special needs of children and youth. 

23 ‘‘(F) Any other agencies, population-spe24 cific organizations, or nonprofit, nongovern25 mental organizations with the capacity to pro-
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1 vide necessary expertise to meet the goals of the 

2 program; or 

3 ‘‘(3) a public, charter, tribal, or nationally ac4 credited private middle or high school, a school ad5 ministered by the Department of Defense under sec6 tion 2164 of title 10, United States Code or section 

7 1402 of the Defense Dependents’ Education Act of 

8 1978, a group of schools, a school district, or an in9 stitution of higher education. 

10 ‘‘(d) GRANTEE REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—Applicants for grants 

12 under this section shall prepare and submit to the 

13 Director an application at such time, in such man14 ner, and containing such information as the Director 

15 may require that demonstrates the capacity of the 

16 applicant and partnering organizations to undertake 

17 the project. 

18 ‘‘(2) POLICIES AND PROCEDURES.—Applicants 

19 under this section shall establish and implement 

20 policies, practices, and procedures that— 

21 ‘‘(A) include appropriate referral systems 

22 to direct any victim identified during program 

23 activities to highly qualified follow-up care; 

24 ‘‘(B) protect the confidentiality and pri25 vacy of adult and youth victim information, 
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1 particularly in the context of parental or third 

2 party involvement and consent, mandatory re3 porting duties, and working with other service 

4 providers; 

5 ‘‘(C) ensure that all individuals providing 

6 prevention programming through a program 

7 funded under this section have completed or 

8 will complete sufficient training in connection 

9 with domestic violence, dating violence, sexual 

10 assault or stalking; and 

11 ‘‘(D) document how prevention programs 

12 are coordinated with service programs in the 

13 community. 

14 ‘‘(3) PREFERENCE.—In selecting grant recipi15 ents under this section, the Attorney General shall 

16 give preference to applicants that— 

17 ‘‘(A) include outcome-based evaluation; 

18 and 

19 ‘‘(B) identify any other community, school, 

20 or State-based efforts that are working on do21 mestic violence, dating violence, sexual assault, 

22 or stalking prevention and explain how the 

23 grantee or partnership will add value, coordi24 nate with other programs, and not duplicate ex25 isting efforts. 
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1 ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In 

2 this section, the definitions and grant conditions provided 

3 for in section 40002 shall apply. 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section, 

6 $15,000,000 for each of fiscal years 2012 through 2016. 

7 Amounts appropriated under this section may only be used 

8 for programs and activities described under this section. 

9 ‘‘(g) ALLOTMENT.— 

10 ‘‘(1) IN GENERAL.—Not less than 25 percent of 

11 the total amounts appropriated under this section in 

12 each fiscal year shall be used for each set of pur13 poses described in paragraphs (1), (2), and (3) of 

14 subsection (b). 

15 ‘‘(2) INDIAN TRIBES.—Not less than 10 percent 

16 of the total amounts appropriated under this section 

17 in each fiscal year shall be made available for grants 

18 to Indian tribes or tribal organizations. If an insuffi19 cient number of applications are received from In20 dian tribes or tribal organizations, such funds shall 

21 be allotted to other population-specific programs.’’. 

22 (b) REPEALS.—The following provisions are repealed: 

23 (1) Sections 41304 and 41305 of the Violence 

24 Against Women Act of 1994 (42 U.S.C. 14043d–3 

25 and 14043d–4). 
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1 (2) Section 403 of the Violence Against Women 

2 and Department of Justice Reauthorization Act of 

3 2005 (42 U.S.C. 14045c). 

4 TITLE V—STRENGTHENING THE 

5 HEALTHCARE SYSTEM’S RE6 SPONSE TO DOMESTIC VIO7 LENCE, DATING VIOLENCE, 

8 SEXUAL ASSAULT, AND 

9 STALKING 

10 SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN 

11 THE HEALTHCARE SYSTEM’S RESPONSE TO 

12 DOMESTIC VIOLENCE, DATING VIOLENCE, 

13 SEXUAL ASSAULT, AND STALKING. 

14 (a) GRANTS.—Section 399P of the Public Health 

15 Service Act (42 U.S.C. 280g–4) is amended to read as 

16 follows: 

17 ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE 

18 SYSTEM’S RESPONSE TO DOMESTIC VIO19 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

20 AND STALKING. 

21 ‘‘(a) IN GENERAL.—The Secretary shall award 

22 grants for— 

23 ‘‘(1) the development or enhancement and im24 plementation of interdisciplinary training for health 
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1 professionals, public health staff, and allied health 

2 professionals; 

3 ‘‘(2) the development or enhancement and im4 plementation of education programs for medical, 

5 nursing, dental, and other health profession students 

6 and residents to prevent and respond to domestic vi7 olence, dating violence, sexual assault, and stalking; 

8 and 

9 ‘‘(3) the development or enhancement and im10 plementation of comprehensive statewide strategies 

11 to improve the response of clinics, public health fa12 cilities, hospitals, and other health settings (includ13 ing behavioral and mental health programs) to do14 mestic violence, dating violence, sexual assault, and 

15 stalking. 

16 ‘‘(b) USE OF FUNDS.— 

17 ‘‘(1) REQUIRED USES.—Amounts provided 

18 under a grant under this section shall be used to— 

19 ‘‘(A) fund interdisciplinary training and 

20 education programs under paragraphs (1) and 

21 (2) of subsection (a) that— 

22 ‘‘(i) are designed to train medical, 

23 psychology, dental, social work, nursing, 

24 and other health profession students, in25 terns, residents, fellows, or current health 
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1 care providers to identify and provide 

2 health care services (including mental or 

3 behavioral health care services and refer4 rals to appropriate community services) to 

5 individuals who are or who have been vic6 tims of domestic violence, dating violence, 

7 sexual assault, or stalking; and 

8 ‘‘(ii) plan and develop culturally com9 petent clinical training components for in10 tegration into approved internship, resi11 dency, and fellowship training or con12 tinuing medical or other health education 

13 training that address physical, mental, and 

14 behavioral health issues, including protec15 tive factors, related to domestic violence, 

16 dating violence, sexual assault, stalking, 

17 and other forms of violence and abuse, 

18 focus on reducing health disparities and 

19 preventing violence and abuse, and include 

20 the primacy of victim safety and confiden21 tiality; 

22 ‘‘(B) design and implement comprehensive 

23 strategies to improve the response of the health 

24 care system to domestic or sexual violence in 

25 clinical and public health settings, hospitals, 
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1 clinics, and other health settings (including be2 havioral and mental health), under subsection 

3 (a)(3) through— 

4 ‘‘(i) the implementation, dissemina5 tion, and evaluation of policies and proce6 dures to guide health professionals and 

7 public health staff in identifying and re8 sponding to domestic violence, dating vio9 lence, sexual assault, and stalking, includ10 ing strategies to ensure that health infor11 mation is maintained in a manner that 

12 protects the patient’s privacy and safety, 

13 and safely uses health information tech14 nology to improve documentation, identi15 fication, assessment, treatment, and follow16 up care; 

17 ‘‘(ii) the development of on-site access 

18 to services to address the safety, medical, 

19 and mental health needs of patients by in20 creasing the capacity of existing health 

21 care professionals and public health staff 

22 to address domestic violence, dating vio23 lence, sexual assault, and stalking, or by 

24 contracting with or hiring domestic or sex25 ual assault advocates to provide such serv-
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1 ices or to model other services appropriate 

2 to the geographic and cultural needs of a 

3 site; 

4 ‘‘(iii) the development of measures 

5 and methods for the evaluation of the 

6 practice of identification, intervention, and 

7 documentation regarding victims of domes8 tic violence, dating violence, sexual assault, 

9 and stalking, including the development 

10 and testing of quality improvement meas11 urements, in accordance with the multi12 stakeholder and quality measurement proc13 esses established under paragraphs (7) and 

14 (8) of section 1890(b) and section 1890A 

15 of the Social Security Act (42 U.S.C. 

16 1395aaa(b)(7) and (8); 42 U.S.C. 1890A); 

17 and 

18 ‘‘(iv) the provision of training and fol19 low-up technical assistance to health care 

20 professionals, and public health staff, and 

21 allied health professionals to identify, as22 sess, treat, and refer clients who are vic23 tims of domestic violence, dating violence, 

24 sexual assault, or stalking, including using 
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1 tools and training materials already devel2 oped. 

3 ‘‘(2) PERMISSIBLE USES.— 

4 ‘‘(A) CHILD AND ELDER ABUSE.—To the 

5 extent consistent with the purpose of this sec6 tion, a grantee may use amounts received under 

7 this section to address, as part of a comprehen8 sive programmatic approach implemented under 

9 the grant, issues relating to child or elder 

10 abuse. 

11 ‘‘(B) RURAL AREAS.—Grants funded 

12 under paragraphs (1) and (2) of subsection (a) 

13 may be used to offer to rural areas community14 based training opportunities, which may include 

15 the use of distance learning networks and other 

16 available technologies needed to reach isolated 

17 rural areas, for medical, nursing, and other 

18 health profession students and residents on do19 mestic violence, dating violence, sexual assault, 

20 stalking, and, as appropriate, other forms of vi21 olence and abuse. 

22 ‘‘(C) OTHER USES.—Grants funded under 

23 subsection (a)(3) may be used for— 

24 ‘‘(i) the development of training mod25 ules and policies that address the overlap 
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1 of child abuse, domestic violence, dating vi2 olence, sexual assault, and stalking and 

3 elder abuse, as well as childhood exposure 

4 to domestic and sexual violence; 

5 ‘‘(ii) the development, expansion, and 

6 implementation of sexual assault forensic 

7 medical examination or sexual assault 

8 nurse examiner programs; 

9 ‘‘(iii) the inclusion of the health ef10 fects of lifetime exposure to violence and 

11 abuse as well as related protective factors 

12 and behavioral risk factors in health pro13 fessional training schools including med14 ical, dental, nursing, social work, and men15 tal and behavioral health curricula, and al16 lied health service training courses; or 

17 ‘‘(iv) the integration of knowledge of 

18 domestic violence, dating violence, sexual 

19 assault, and stalking into health care ac20 creditation and professional licensing ex21 aminations, such as medical, dental, social 

22 work, and nursing boards, and where ap23 propriate, other allied health exams. 

24 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

25 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 
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1 ‘‘(A) IN GENERAL.—Grantees under this 

2 section shall ensure that all programs developed 

3 with grant funds address issues of confiden4 tiality and patient safety and comply with appli5 cable confidentiality and nondisclosure require6 ments under section 40002(b)(2) of the Vio7 lence Against Women Act of 1994 and the 

8 Family Violence Prevention and Services Act, 

9 and that faculty and staff associated with deliv10 ering educational components are fully trained 

11 in procedures that will protect the immediate 

12 and ongoing security and confidentiality of the 

13 patients, patient records, and staff. Such grant14 ees shall consult entities with demonstrated ex15 pertise in the confidentiality and safety needs of 

16 victims of domestic violence, dating violence, 

17 sexual assault, and stalking on the development 

18 and adequacy of confidentially and security pro19 cedures, and provide documentation of such 

20 consultation. 

21 ‘‘(B) ADVANCE NOTICE OF INFORMATION

22 DISCLOSURE.—Grantees under this section shall 

23 provide to patients advance notice about any 

24 circumstances under which information may be 

25 disclosed, such as mandatory reporting laws, 
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1 and shall give patients the option to receive in2 formation and referrals without affirmatively 

3 disclosing abuse. 

4 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX5 PENSES.—A grantee shall use not more than 10 per6 cent of the amounts received under a grant under 

7 this section for administrative expenses. 

8 ‘‘(3) APPLICATION.— 

9 ‘‘(A) PREFERENCE.—In selecting grant re10 cipients under this section, the Secretary shall 

11 give preference to applicants based on the 

12 strength of their evaluation strategies, with pri13 ority given to outcome based evaluations. 

14 ‘‘(B) SUBSECTION (A)(1) AND (2) GRANT15 EES.—Applications for grants under para16 graphs (1) and (2) of subsection (a) shall in17 clude— 

18 ‘‘(i) documentation that the applicant 

19 represents a team of entities working col20 laboratively to strengthen the response of 

21 the health care system to domestic vio22 lence, dating violence, sexual assault, or 

23 stalking, and which includes at least one of 

24 each of— 
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1 ‘‘(I) an accredited school of 

2 allopathic or osteopathic medicine, 

3 psychology, nursing, dentistry, social 

4 work, or other health field; 

5 ‘‘(II) a health care facility or sys6 tem; or 

7 ‘‘(III) a government or nonprofit 

8 entity with a history of effective work 

9 in the fields of domestic violence, dat10 ing violence, sexual assault, or stalk11 ing; and 

12 ‘‘(ii) strategies for the dissemination 

13 and sharing of curricula and other edu14 cational materials developed under the 

15 grant, if any, with other interested health 

16 professions schools and national resource 

17 repositories for materials on domestic vio18 lence, dating violence, sexual assault, and 

19 stalking. 

20 ‘‘(C) SUBSECTION (A)(3) GRANTEES.—An 

21 entity desiring a grant under subsection (a)(3) 

22 shall submit an application to the Secretary at 

23 such time, in such a manner, and containing 

24 such information and assurances as the Sec25 retary may require, including— 
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1 ‘‘(i) documentation that all training, 

2 education, screening, assessment, services, 

3 treatment, and any other approach to pa4 tient care will be informed by an under5 standing of violence and abuse victimiza6 tion and trauma-specific approaches that 

7 will be integrated into prevention, interven8 tion, and treatment activities; 

9 ‘‘(ii) strategies for the development 

10 and implementation of policies to prevent 

11 and address domestic violence, dating vio12 lence, sexual assault, and stalking over the 

13 lifespan in health care settings; 

14 ‘‘(iii) a plan for consulting with State 

15 and tribal domestic violence or sexual as16 sault coalitions, national nonprofit victim 

17 advocacy organizations, State or tribal law 

18 enforcement task forces (where appro19 priate), and population specific organiza20 tions with demonstrated expertise in do21 mestic violence, dating violence, sexual as22 sault, or stalking; 

23 ‘‘(iv) with respect to an application 

24 for a grant under which the grantee will 

25 have contact with patients, a plan, devel-
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1 oped in collaboration with local victim serv2 ice providers, to respond appropriately to 

3 and make correct referrals for individuals 

4 who disclose that they are victims of do5 mestic violence, dating violence, sexual as6 sault, stalking, or other types of violence, 

7 and documentation provided by the grantee 

8 of an ongoing collaborative relationship 

9 with a local victim service provider; and 

10 ‘‘(v) with respect to an application for 

11 a grant proposing to fund a program de12 scribed in subsection (b)(2)(C)(ii), a cer13 tification that any sexual assault forensic 

14 medical examination and sexual assault 

15 nurse examiner programs supported with 

16 such grant funds will adhere to the guide17 lines set forth by the Attorney General. 

18 ‘‘(d) ELIGIBLE ENTITIES.— 

19 ‘‘(1) IN GENERAL.—To be eligible to receive 

20 funding under paragraph (1) or (2) of subsection 

21 (a), an entity shall be— 

22 ‘‘(A) a nonprofit organization with a his23 tory of effective work in the field of training 

24 health professionals with an understanding of, 

25 and clinical skills pertinent to, domestic vio-
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1 lence, dating violence, sexual assault, or stalk2 ing, and lifetime exposure to violence and 

3 abuse; 

4 ‘‘(B) an accredited school of allopathic or 

5 osteopathic medicine, psychology, nursing, den6 tistry, social work, or allied health; 

7 ‘‘(C) a health care provider membership or 

8 professional organization, or a health care sys9 tem; or 

10 ‘‘(D) a State, tribal, territorial, or local en11 tity. 

12 ‘‘(2) SUBSECTION (A)(3) GRANTEES.—To be eli13 gible to receive funding under subsection (a)(3), an 

14 entity shall be— 

15 ‘‘(A) a State department (or other divi16 sion) of health, a State, tribal, or territorial do17 mestic violence or sexual assault coalition or 

18 victim service provider, or any other nonprofit, 

19 nongovernmental organization with a history of 

20 effective work in the fields of domestic violence, 

21 dating violence, sexual assault, or stalking, and 

22 health care, including physical or mental health 

23 care; or 

24 ‘‘(B) a local victim service provider, a local 

25 department (or other division) of health, a local 
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1 health clinic, hospital, or health system, or any 

2 other community-based organization with a his3 tory of effective work in the field of domestic vi4 olence, dating violence, sexual assault, or stalk5 ing and health care, including physical or men6 tal health care. 

7 ‘‘(e) TECHNICAL ASSISTANCE.— 

8 ‘‘(1) IN GENERAL.—Of the funds made avail9 able to carry out this section for any fiscal year, the 

10 Secretary may make grants or enter into contracts 

11 to provide technical assistance with respect to the 

12 planning, development, and operation of any pro13 gram, activity or service carried out pursuant to this 

14 section. Not more than 8 percent of the funds ap15 propriated under this section in each fiscal year may 

16 be used to fund technical assistance under this sub17 section. 

18 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec19 retary shall make publicly available materials devel20 oped by grantees under this section, including mate21 rials on training, best practices, and research and 

22 evaluation. 

23 ‘‘(3) REPORTING.—The Secretary shall publish 

24 a biennial report on— 
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1 ‘‘(A) the distribution of funds under this 

2 section; and 

3 ‘‘(B) the programs and activities supported 

4 by such funds. 

5 ‘‘(f) RESEARCH AND EVALUATION.— 

6 ‘‘(1) IN GENERAL.—Of the funds made avail7 able to carry out this section for any fiscal year, the 

8 Secretary may use not more than 20 percent to 

9 make a grant or enter into a contract for research 

10 and evaluation of— 

11 ‘‘(A) grants awarded under this section; 

12 and 

13 ‘‘(B) other training for health professionals 

14 and effective interventions in the health care 

15 setting that prevent domestic violence, dating 

16 violence, and sexual assault across the lifespan, 

17 prevent the health effects of such violence, and 

18 improve the safety and health of individuals 

19 who are currently being victimized. 

20 ‘‘(2) RESEARCH.—Research authorized in para21 graph (1) may include— 

22 ‘‘(A) research on the effects of domestic vi23 olence, dating violence, sexual assault, and 

24 childhood exposure to domestic, dating or sex25 ual violence on health behaviors, health condi-
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1 tions, and health status of individuals, families, 

2 and populations, including underserved popu3 lations; 

4 ‘‘(B) research to determine effective health 

5 care interventions to respond to and prevent do6 mestic violence, dating violence, sexual assault, 

7 and stalking; 

8 ‘‘(C) research on the impact of domestic, 

9 dating and sexual violence, childhood exposure 

10 to such violence, and stalking on the health care 

11 system, health care utilization, health care 

12 costs, and health status; and 

13 ‘‘(D) research on the impact of adverse 

14 childhood experiences on adult experience with 

15 domestic violence, dating violence, sexual as16 sault, stalking, and adult health outcomes, in17 cluding how to reduce or prevent the impact of 

18 adverse childhood experiences through the 

19 health care setting. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to carry out this section, 

22 $10,000,000 for each of fiscal years 2012 through 2016. 

23 ‘‘(h) DEFINITIONS.—Except as otherwise provided 

24 herein, the definitions provided for in section 40002 of the 
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1 Violence Against Women Act of 1994 shall apply to this 

2 section.’’. 

3 (b) REPEALS.—The following provisions are repealed: 

4 (1) Section 40297 of the Violence Against 

5 Women Act of 1994 (42 U.S.C. 13973). 

6 (2) Section 758 of the Public Health Service 

7 Act (42 U.S.C. 294h). 

8 TITLE VI—SAFE HOMES FOR VIC9 TIMS OF DOMESTIC VIO10 LENCE, DATING VIOLENCE, 

11 SEXUAL ASSAULT, AND 

12 STALKING 

13 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES14 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

15 ASSAULT, AND STALKING. 

16 (a) AMENDMENT.—Subtitle N of the Violence 

17 Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 

18 is amended— 

19 (1) by inserting after the subtitle heading the 

20 following: 

21 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

22 (2) in section 41402 (42 U.S.C. 14043e–1), in 

23 the matter preceding paragraph (1), by striking 

24 ‘‘subtitle’’ and inserting ‘‘chapter’’; 
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1 (3) in section 41403 (42 U.S.C. 14043e–2), in 

2 the matter preceding paragraph (1), by striking 

3 ‘‘subtitle’’ and inserting ‘‘chapter’’; and 

4 (4) by adding at the end the following: 

5 ‘‘CHAPTER 2—HOUSING RIGHTS 

6 ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO7 MESTIC VIOLENCE, DATING VIOLENCE, SEX8 UAL ASSAULT, AND STALKING. 

9 ‘‘(a) DEFINITIONS.—In this chapter: 

10 ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af11 filiated individual’ means, with respect to an indi12 vidual— 

13 ‘‘(A) a spouse, parent, brother, sister, or 

14 child of that individual, or an individual to 

15 whom that individual stands in loco parentis; or 

16 ‘‘(B) any individual, tenant, or lawful occu17 pant living in the household of that individual. 

18 ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro19 priate agency’ means, with respect to a covered 

20 housing program, the Executive department (as de21 fined in section 101 of title 5, United States Code) 

22 that carries out the covered housing program. 

23 ‘‘(3) COVERED HOUSING PROGRAM.—The term 

24 ‘covered housing program’ means— 
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1 ‘‘(A) the program under section 202 of the 

2 Housing Act of 1959 (12 U.S.C. 1701q); 

3 ‘‘(B) the program under section 811 of the 

4 Cranston-Gonzalez National Affordable Hous5 ing Act (42 U.S.C. 8013); 

6 ‘‘(C) the program under subtitle D of title 

7 VIII of the Cranston-Gonzalez National Afford8 able Housing Act (42 U.S.C. 12901 et seq.); 

9 ‘‘(D) the program under subtitle A of title 

10 IV of the McKinney-Vento Homeless Assistance 

11 Act (42 U.S.C. 11360 et seq.); 

12 ‘‘(E) the program under subtitle A of title 

13 II of the Cranston-Gonzalez National Afford14 able Housing Act (42 U.S.C. 12741 et seq.); 

15 ‘‘(F) the program under paragraph (3) of 

16 section 221(d) of the National Housing Act (12 

17 U.S.C. 1715l(d)) that bears interest at a rate 

18 determined under the proviso under paragraph 

19 (5) of such section 221(d); 

20 ‘‘(G) the program under section 236 of the 

21 National Housing Act (12 U.S.C. 1715z–1); 

22 ‘‘(H) the programs under sections 6 and 8 

23 of the United States Housing Act of 1937 (42 

24 U.S.C. 1437d and 1437f); 
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1 ‘‘(I) rural housing assistance provided 

2 under sections 514, 515, 516, 533, and 538 of 

3 the Housing Act of 1949 (42 U.S.C. 1484, 

4 1485, 1486, 1490m, and 1490p–2); and 

5 ‘‘(J) the low income housing tax credit 

6 program under section 42 of the Internal Rev7 enue Code of 1986. 

8 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI9 NATION OF ASSISTANCE OR EVICTION.— 

10 ‘‘(1) IN GENERAL.—An applicant for or tenant 

11 of housing assisted under a covered housing program 

12 may not be denied admission to, denied assistance 

13 under, terminated from participation in, or evicted 

14 from the housing on the basis that the applicant or 

15 tenant is or has been a victim of domestic violence, 

16 dating violence, sexual assault, or stalking, if the ap17 plicant or tenant otherwise qualifies for admission, 

18 assistance, participation, or occupancy. 

19 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in20 cident of actual or threatened domestic violence, dat21 ing violence, sexual assault, or stalking shall not be 

22 construed as— 

23 ‘‘(A) a serious or repeated violation of a 

24 lease for housing assisted under a covered hous-
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1 ing program by the victim or threatened victim 

2 of such incident; or 

3 ‘‘(B) good cause for terminating the assist4 ance, tenancy, or occupancy rights to housing 

5 assisted under a covered housing program of 

6 the victim or threatened victim of such incident. 

7 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

8 ACTIVITY.— 

9 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

10 AND OCCUPANCY RIGHTS PROHIBITED.—No 

11 person may deny assistance, tenancy, or occu12 pancy rights to housing assisted under a cov13 ered housing program to a tenant solely on the 

14 basis of criminal activity directly relating to do15 mestic violence, dating violence, sexual assault, 

16 or stalking that is engaged in by a member of 

17 the household of the tenant or any guest or 

18 other person under the control of the tenant, if 

19 the tenant or an affiliated individual of the ten20 ant is the victim or threatened victim of such 

21 domestic violence, dating violence, sexual as22 sault, or stalking. 

23 ‘‘(B) BIFURCATION.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 subparagraph (A), a public housing agency 
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1 or owner or manager of housing assisted 

2 under a covered housing program may bi3 furcate a lease for the housing in order to 

4 evict, remove, or terminate assistance to 

5 any individual who is a tenant or lawful oc6 cupant of the housing and who engages in 

7 criminal activity directly relating to domes8 tic violence, dating violence, sexual assault, 

9 or stalking against an affiliated individual 

10 or other individual, without evicting, re11 moving, terminating assistance to, or oth12 erwise penalizing a victim of such criminal 

13 activity who is also a tenant or lawful oc14 cupant of the housing. 

15 ‘‘(ii) EFFECT OF EVICTION ON OTHER

16 TENANTS.—If public housing agency or 

17 owner or manager of housing assisted 

18 under a covered housing program evicts, 

19 removes, or terminates assistance to an in20 dividual under clause (i), and the indi21 vidual is the sole tenant eligible to receive 

22 assistance under a covered housing pro23 gram, the public housing agency or owner 

24 or manager of housing assisted under the 

25 covered housing program shall provide any 
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1 remaining tenant an opportunity to estab2 lish eligibility for the covered housing pro3 gram. If a tenant described in the pre4 ceding sentence cannot establish eligibility, 

5 the public housing agency or owner or 

6 manager of the housing shall provide the 

7 tenant a reasonable time, as determined by 

8 the appropriate agency, to find new hous9 ing or to establish eligibility for housing 

10 under another covered housing program. 

11 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

12 in subparagraph (A) shall be construed— 

13 ‘‘(i) to limit the authority of a public 

14 housing agency or owner or manager of 

15 housing assisted under a covered housing 

16 program, when notified of a court order, to 

17 comply with a court order with respect 

18 to— 

19 ‘‘(I) the rights of access to or 

20 control of property, including civil 

21 protection orders issued to protect a 

22 victim of domestic violence, dating vio23 lence, sexual assault, or stalking; or 
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1 ‘‘(II) the distribution or posses2 sion of property among members of a 

3 household in a case; 

4 ‘‘(ii) to limit any otherwise available 

5 authority of a public housing agency or 

6 owner or manager of housing assisted 

7 under a covered housing program to evict 

8 or terminate assistance to a tenant for any 

9 violation of a lease not premised on the act 

10 of violence in question against the tenant 

11 or an affiliated person of the tenant, if the 

12 public housing agency or owner or man13 ager does not subject an individual who is 

14 or has been a victim of domestic violence, 

15 dating violence, or stalking to a more de16 manding standard than other tenants in 

17 determining whether to evict or terminate; 

18 ‘‘(iii) to limit the authority to termi19 nate assistance to a tenant or evict a ten20 ant from housing assisted under a covered 

21 housing program if a public housing agen22 cy or owner or manager of the housing can 

23 demonstrate that an actual and imminent 

24 threat to other tenants or individuals em25 ployed at or providing service to the prop-
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1 erty would be present if the assistance is 

2 not terminated or the tenant is not evicted; 

3 or 

4 ‘‘(iv) to supersede any provision of 

5 any Federal, State, or local law that pro6 vides greater protection than this section 

7 for victims of domestic violence, dating vio8 lence, sexual assault, or stalking. 

9 ‘‘(c) DOCUMENTATION.— 

10 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an 

11 applicant for, or tenant of, housing assisted under a 

12 covered housing program represents to a public 

13 housing agency or owner or manager of the housing 

14 that the individual is entitled to protection under 

15 subsection (b), the public housing agency or owner 

16 or manager may request, in writing, that the appli17 cant or tenant submit to the public housing agency 

18 or owner or manager a form of documentation de19 scribed in paragraph (3). 

20 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 

21 ‘‘(A) IN GENERAL.—If an applicant or ten22 ant does not provide the documentation re23 quested under paragraph (1) within 14 business 

24 days after the tenant receives a request in writ25 ing for such certification from a public housing 
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1 agency or owner or manager of housing assisted 

2 under a covered housing program, nothing in 

3 this chapter may be construed to limit the au4 thority of the public housing agency or owner or 

5 manager to— 

6 ‘‘(i) deny admission by the applicant 

7 or tenant to the covered program; 

8 ‘‘(ii) deny assistance under the cov9 ered program to the applicant or tenant; 

10 ‘‘(iii) terminate the participation of 

11 the applicant or tenant in the covered pro12 gram; or 

13 ‘‘(iv) evict the applicant, the tenant, 

14 or a lawful occupant that commits viola15 tions of a lease. 

16 ‘‘(B) EXTENSION.—A public housing agen17 cy or owner or manager of housing may extend 

18 the 14-day deadline under subparagraph (A) at 

19 its discretion. 

20 ‘‘(3) FORM OF DOCUMENTATION.—A form of 

21 documentation described in this paragraph is— 

22 ‘‘(A) a certification form approved by the 

23 appropriate agency that— 
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1 ‘‘(i) states that an applicant or tenant 

2 is a victim of domestic violence, dating vio3 lence, sexual assault, or stalking; 

4 ‘‘(ii) states that the incident of domes5 tic violence, dating violence, sexual assault, 

6 or stalking that is the ground for protec7 tion under subsection (b) meets the re8 quirements under subsection (b); and 

9 ‘‘(iii) includes the name of the indi10 vidual who committed the domestic vio11 lence, dating violence, sexual assault, or 

12 stalking, if the name is known and safe to 

13 provide; 

14 ‘‘(B) a document that— 

15 ‘‘(i) is signed by— 

16 ‘‘(I) an employee, agent, or vol17 unteer of a victim service provider, an 

18 attorney, a medical professional, or a 

19 mental health professional from whom 

20 an applicant or tenant has sought as21 sistance relating to domestic violence, 

22 dating violence, sexual assault, or 

23 stalking, or the effects of the abuse; 

24 and 

25 ‘‘(II) the applicant or tenant; and 
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1 ‘‘(ii) states under penalty of perjury 

2 that the individual described in clause 

3 (i)(I) believes that the incident of domestic 

4 violence, dating violence, sexual assault, or 

5 stalking that is the ground for protection 

6 under subsection (b) meets the require7 ments under subsection (b); 

8 ‘‘(C) a record of a Federal, State, tribal, 

9 territorial, or local law enforcement agency, 

10 court, or administrative agency; or 

11 ‘‘(D) at the discretion of a public housing 

12 agency or owner or manager of housing assisted 

13 under a covered housing program, a statement 

14 or other evidence provided by an applicant or 

15 tenant. 

16 ‘‘(4) CONFIDENTIALITY.—Any information sub17 mitted to a public housing agency or owner or man18 ager under this subsection, including the fact that 

19 an individual is a victim of domestic violence, dating 

20 violence, sexual assault, or stalking shall be main21 tained in confidence by the public housing agency or 

22 owner or manager and may not be entered into any 

23 shared database or disclosed to any other entity or 

24 individual, except to the extent that the disclosure 

25 is— 
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1 ‘‘(A) requested or consented to by the indi2 vidual in writing; 

3 ‘‘(B) required for use in an eviction pro4 ceeding under subsection (b); or 

5 ‘‘(C) otherwise required by applicable law. 

6 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth7 ing in this subsection shall be construed to require 

8 a public housing agency or owner or manager of 

9 housing assisted under a covered housing program 

10 to request that an individual submit documentation 

11 of the status of the individual as a victim of domes12 tic violence, dating violence, sexual assault, or stalk13 ing. 

14 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON15 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com16 pliance with subsection (b) by a public housing agen17 cy or owner or manager of housing assisted under 

18 a covered housing program based on documentation 

19 received under this subsection, shall not be sufficient 

20 to constitute evidence of an unreasonable act or 

21 omission by the public housing agency or owner or 

22 manager or an employee or agent of the public hous23 ing agency or owner or manager. Nothing in this 

24 paragraph shall be construed to limit the liability of 

25 a public housing agency or owner or manager of 
139 

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1 housing assisted under a covered housing program 

2 for failure to comply with subsection (b). 

3 ‘‘(7) RESPONSE TO CONFLICTING CERTIFI4 CATION.—If a public housing agency or owner or 

5 manager of housing assisted under a covered hous6 ing program receives documentation under this sub7 section that contains conflicting information, the 

8 public housing agency or owner or manager may re9 quire an applicant or tenant to submit third-party 

10 documentation, as described in subparagraph (B), 

11 (C), or (D) of paragraph (3). 

12 ‘‘(8) PREEMPTION.—Nothing in this subsection 

13 shall be construed to supersede any provision of any 

14 Federal, State, or local law that provides greater 

15 protection than this subsection for victims of domes16 tic violence, dating violence, sexual assault, or stalk17 ing. 

18 ‘‘(d) NOTIFICATION.— 

19 ‘‘(1) DEVELOPMENT.—The Secretary of Hous20 ing and Urban Development shall develop a notice of 

21 the rights of individuals under this section, including 

22 the right to confidentiality and the limits thereof. 

23 ‘‘(2) PROVISION.—Each public housing agency 

24 or owner or manager of housing assisted under a 

25 covered housing program shall provide the notice de-
140 

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1 veloped under paragraph (1), together with the form 

2 described in subsection (c)(3)(A), to an applicant for 

3 or tenants of housing assisted under a covered hous4 ing program— 

5 ‘‘(A) at the time the applicant is denied 

6 residency in a dwelling unit assisted under the 

7 covered housing program; 

8 ‘‘(B) at the time the individual is admitted 

9 to a dwelling unit assisted under the covered 

10 housing program; 

11 ‘‘(C) with any notification of eviction or 

12 notification of termination of assistance; and 

13 ‘‘(D) in multiple languages, consistent with 

14 guidance issued by the Secretary of Housing 

15 and Urban Development in accordance with Ex16 ecutive Order 13166 (42 U.S.C. 2000d–1 note; 

17 relating to access to services for persons with 

18 limited English proficiency). 

19 ‘‘(e) EMERGENCY TRANSFERS.—Each appropriate 

20 agency shall adopt a model emergency transfer plan for 

21 use by public housing agencies and owners or managers 

22 of housing assisted under covered housing programs 

23 that— 

24 ‘‘(1) allows tenants who are victims of domestic 

25 violence, dating violence, sexual assault, or stalking 
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1 to transfer to another available and safe dwelling 

2 unit assisted under a covered housing program if— 

3 ‘‘(A) the tenant expressly requests the 

4 transfer; and 

5 ‘‘(B)(i) the tenant reasonably believes that 

6 the tenant is threatened with imminent harm 

7 from further violence if the tenant remains 

8 within the same dwelling unit assisted under a 

9 covered housing program; or 

10 ‘‘(ii) in the case of a tenant who is a victim 

11 of sexual assault, the sexual assault occurred on 

12 the premises during the 90 day period pre13 ceding the request for transfer; and 

14 ‘‘(2) incorporates reasonable confidentiality 

15 measures to ensure that the public housing agency 

16 or owner or manager does not disclose the location 

17 of the dwelling unit of a tenant to a person that 

18 commits an act of domestic violence, dating violence, 

19 sexual assault, or stalking against the tenant. 

20 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

21 TRANSFER.—The Secretary of Housing and Urban Devel22 opment shall establish policies and procedures under 

23 which a victim requesting an emergency transfer under 

24 subsection (e) may receive, subject to the availability of 

25 tenant protection vouchers, assistance under section 8(o) 
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1 of the United States Housing Act of 1937 (42 U.S.C. 

2 1437f(o)). 

3 ‘‘(g) IMPLEMENTATION.—The appropriate agency 

4 with respect to each covered housing program shall imple5 ment this section, as this section applies to the covered 

6 housing program.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) SECTION 6.—Section 6 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437d) is amend10 ed— 

11 (A) in subsection (c)— 

12 (i) by striking paragraph (3); and 

13 (ii) by redesignating paragraphs (4) 

14 and (5) as paragraphs (3) and (4), respec15 tively; 

16 (B) in subsection (l)— 

17 (i) in paragraph (5), by striking ‘‘, 

18 and that an incident or incidents of actual 

19 or threatened domestic violence, dating vio20 lence, or stalking will not be construed as 

21 a serious or repeated violation of the lease 

22 by the victim or threatened victim of that 

23 violence and will not be good cause for ter24 minating the tenancy or occupancy rights 

25 of the victim of such violence’’; and 
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1 (ii) in paragraph (6), by striking ‘‘; 

2 except that’’ and all that follows through 

3 ‘‘stalking.’’; and 

4 (C) by striking subsection (u). 

5 (2) SECTION 8.—Section 8 of the United States 

6 Housing Act of 1937 (42 U.S.C. 1437f) is amend7 ed— 

8 (A) in subsection (c), by striking para9 graph (9); 

10 (B) in subsection (d)(1)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘and that an applicant or participant is or 

13 has been a victim of domestic violence, dat14 ing violence, or stalking is not an appro15 priate basis for denial of program assist16 ance or for denial of admission if the appli17 cant otherwise qualifies for assistance or 

18 admission’’; and 

19 (ii) in subparagraph (B)— 

20 (I) in clause (ii), by striking ‘‘, 

21 and that an incident or incidents of 

22 actual or threatened domestic vio23 lence, dating violence, or stalking will 

24 not be construed as a serious or re25 peated violation of the lease by the 
144 

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1 victim or threatened victim of that vi2 olence and will not be good cause for 

3 terminating the tenancy or occupancy 

4 rights of the victim of such violence’’; 

5 and 

6 (II) in clause (iii), by striking ‘‘, 

7 except that:’’ and all that follows 

8 through ‘‘stalking.’’; 

9 (C) in subsection (f)— 

10 (i) in paragraph (6), by adding ‘‘and’’ 

11 at the end; 

12 (ii) in paragraph (7), by striking the 

13 semicolon at the end and inserting a pe14 riod; and 

15 (iii) by striking paragraphs (8), (9), 

16 (10), and (11); 

17 (D) in subsection (o)— 

18 (i) in paragraph (6)(B), by striking 

19 the last sentence; 

20 (ii) in paragraph (7)— 

21 (I) in subparagraph (C), by strik22 ing ‘‘and that an incident or incidents 

23 of actual or threatened domestic vio24 lence, dating violence, or stalking shall 

25 not be construed as a serious or re-
145 

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1 peated violation of the lease by the 

2 victim or threatened victim of that vi3 olence and shall not be good cause for 

4 terminating the tenancy or occupancy 

5 rights of the victim of such violence’’; 

6 and 

7 (II) in subparagraph (D), by 

8 striking ‘‘; except that’’ and all that 

9 follows through ‘‘stalking.’’; and 

10 (iii) by striking paragraph (20); and 

11 (E) by striking subsection (ee). 

12 (3) RULE OF CONSTRUCTION.—Nothing in this 

13 Act, or the amendments made by this Act, shall be 

14 construed— 

15 (A) to limit the rights or remedies avail16 able to any person under section 6 or 8 of the 

17 United States Housing Act of 1937 (42 U.S.C. 

18 1437d and 1437f), as in effect on the day be19 fore the date of enactment of this Act; 

20 (B) to limit any right, remedy, or proce21 dure otherwise available under any provision of 

22 part 5, 91, 880, 882, 883, 884, 886, 891, 903, 

23 960, 966, 982, or 983 of title 24, Code of Fed24 eral Regulations, that— 
146 

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1 (i) was issued under the Violence 

2 Against Women and Department of Jus3 tice Reauthorization Act of 2005 (Public 

4 Law 109–162; 119 Stat. 2960) or an 

5 amendment made by that Act; and 

6 (ii) provides greater protection for vic7 tims of domestic violence, dating violence, 

8 sexual assault, and stalking than this Act; 

9 or 

10 (C) to disqualify an owner, manager, or 

11 other individual from participating in or receiv12 ing the benefits of the low income housing tax 

13 credit program under section 42 of the Internal 

14 Revenue Code of 1986 because of noncompli15 ance with the provisions of this Act. 

16 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

17 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT18 ING VIOLENCE, SEXUAL ASSAULT, AND 

19 STALKING. 

20 Chapter 11 of subtitle B of the Violence Against 

21 Women Act of 1994 (42 U.S.C. 13975 et seq.) is amend22 ed— 

23 (1) in the chapter heading, by striking 

24 ‘‘CHILD VICTIMS OF DOMESTIC VIO25 LENCE, STALKING, OR SEXUAL AS-
147 

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1 SAULT’’ and inserting ‘‘VICTIMS OF DO2 MESTIC VIOLENCE, DATING VIO3 LENCE, SEXUAL ASSAULT, OR STALK4 ING’’; and 

5 (2) in section 40299 (42 U.S.C. 13975)— 

6 (A) in the header, by striking ‘‘CHILD

7 VICTIMS OF DOMESTIC VIOLENCE, STALK8 ING, OR SEXUAL ASSAULT’’ and inserting 

9 ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT10 ING VIOLENCE, SEXUAL ASSAULT, OR

11 STALKING’’; 

12 (B) in subsection (a)(1), by striking ‘‘flee13 ing’’; 

14 (C) in subsection (b)(3)— 

15 (i) in subparagraph (A), by striking ‘‘ 

16 and’’ at the end; 

17 (ii) by redesignating subparagraph 

18 (B) as subparagraph (C); 

19 (iii) by inserting after subparagraph 

20 (A) the following: 

21 ‘‘(B) secure employment, including obtain22 ing employment counseling, occupational train23 ing, job retention counseling, and counseling 

24 concerning re-entry in to the workforce; and’’; 

25 and 
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1 (iv) in subparagraph (C), as redesig2 nated by clause (ii), by striking ‘‘ employ3 ment counseling,’’; and 

4 (D) in subsection (g)— 

5 (i) in paragraph (1), by striking 

6 ‘‘$40,000,000 for each of fiscal years 2007 

7 through 2011’’ and inserting ‘‘$35,000,000 

8 for each of fiscal years 2012 through 

9 2016’’; and 

10 (ii) in paragraph (3)— 

11 (I) in subparagraph (A), by strik12 ing ‘‘eligible’’ and inserting ‘‘quali13 fied’’; and 

14 (II) by adding at the end the fol15 lowing: 

16 ‘‘(D) QUALIFIED APPLICATION DE17 FINED.—In this paragraph, the term ‘qualified 

18 application’ means an application that— 

19 ‘‘(i) has been submitted by an eligible 

20 applicant; 

21 ‘‘(ii) does not propose any activities 

22 that may compromise victim safety, includ23 ing— 

24 ‘‘(I) background checks of vic25 tims; or 
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1 ‘‘(II) clinical evaluations to deter2 mine eligibility for services; 

3 ‘‘(iii) reflects an understanding of the 

4 dynamics of domestic violence, dating vio5 lence, sexual assault, or stalking; and 

6 ‘‘(iv) does not propose prohibited ac7 tivities, including mandatory services for 

8 victims.’’. 

9 SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

10 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

11 SEXUAL ASSAULT, AND STALKING. 

12 Subtitle N of the Violence Against Women Act of 

13 1994 (42 U.S.C. 14043e et seq.) is amended— 

14 (1) in section 41404(i) (42 U.S.C. 14043e– 

15 3(i)), by striking ‘‘$10,000,000 for each of fiscal 

16 years 2007 through 2011’’ and inserting 

17 ‘‘$4,000,000 for each of fiscal years 2012 through 

18 2016’’; and 

19 (2) in section 41405(g) (42 U.S.C. 14043e– 

20 4(g)), by striking ‘‘$10,000,000 for each of fiscal 

21 years 2007 through 2011’’ and inserting 

22 ‘‘$4,000,000 for each of fiscal years 2012 through 

23 2016’’. 
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1 TITLE VII—ECONOMIC SECURITY 

2 FOR VICTIMS OF VIOLENCE 

3 SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 

4 RESPONSES TO ASSIST VICTIMS OF DOMES5 TIC AND SEXUAL VIOLENCE. 

6 Section 41501(e) of the Violence Against Women Act 

7 of 1994 (42 U.S.C. 14043f(e)) is amended by striking 

8 ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal 

9 years 2012 through 2016’’. 

10 TITLE VIII—PROTECTION OF 

11 BATTERED IMMIGRANTS 

12 SEC. 801. U NONIMMIGRANT DEFINITION. 

13 Section 101(a)(15)(U)(iii) of the Immigration and 

14 Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended 

15 by inserting ‘‘stalking;’’ after ‘‘sexual exploitation;’’. 

16 SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICA17 TIONS MADE BY VICTIMS OF ABUSE. 

18 Not later than December 1, 2012, and annually 

19 thereafter, the Secretary of Homeland Security shall sub20 mit to the Committee on the Judiciary of the Senate and 

21 the Committee on the Judiciary of the House of Rep22 resentatives a report that includes the following: 

23 (1) The number of aliens who— 

24 (A) submitted an application for non25 immigrant status under paragraph (15)(T)(i), 
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1 (15)(U)(i), or (51) of section 101(a) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1101(a)) during the preceding fiscal year; 

4 (B) were granted such nonimmigrant sta5 tus during such fiscal year; or 

6 (C) were denied such nonimmigrant status 

7 during such fiscal year. 

8 (2) The mean amount of time and median 

9 amount of time to adjudicate an application for such 

10 nonimmigrant status during such fiscal year. 

11 (3) The mean amount of time and median 

12 amount of time between the receipt of an application 

13 for such nonimmigrant status and the issuance of 

14 work authorization to an eligible applicant during 

15 the preceding fiscal year. 

16 (4) The number of aliens granted continued 

17 presence in the United States under section 

18 107(c)(3) of the Trafficking Victims Protection Act 

19 of 2000 (22 U.S.C. 7105(c)(3)) during the pre20 ceding fiscal year. 

21 (5) A description of any actions being taken to 

22 reduce the adjudication and processing time, while 

23 ensuring the safe and competent processing, of an 

24 application described in paragraph (1) or a request 

25 for continued presence referred to in paragraph (4). 
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1 SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PE2 TITIONERS. 

3 Section 204(l)(2) of the Immigration and Nationality 

4 Act (8 U.S.C. 1154(l)(2)) is amended— 

5 (1) in subparagraph (E), by striking ‘‘or’’ at 

6 the end; 

7 (2) by redesignating subparagraph (F) as sub8 paragraph (G); and 

9 (3) by inserting after subparagraph (E) the fol10 lowing: 

11 ‘‘(F) a child of an alien who filed a pend12 ing or approved petition for classification or ap13 plication for adjustment of status or other ben14 efit specified in section 101(a)(51) as a VAWA 

15 self-petitioner; or’’. 

16 SEC. 804. PUBLIC CHARGE. 

17 Section 212(a)(4) of the Immigration and Nationality 

18 Act (8 U.S.C. 1182(a)(4)) is amended by adding at the 

19 end the following: 

20 ‘‘(E) SPECIAL RULE FOR QUALIFIED

21 ALIEN VICTIMS.—Subparagraphs (A), (B), and 

22 (C) shall not apply to an alien who— 

23 ‘‘(i) is a VAWA self-petitioner; 

24 ‘‘(ii) is an applicant for, or is granted, 

25 nonimmigrant status under section 

26 101(a)(15)(U); or 
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1 ‘‘(iii) is a qualified alien described in 

2 section 431(c) of the Personal Responsi3 bility and Work Opportunity Reconciliation 

4 Act of 1996 (8 U.S.C. 1641(c)).’’. 

5 SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS. 

6 (a) RECAPTURE OF UNUSED U VISAS.—Section 

7 214(p)(2) of the Immigration and Nationality Act (8 

8 U.S.C. 1184(p)(2)) is amended by— 

9 (1) in subparagraph (A), by striking ‘‘The num10 ber’’ and inserting ‘‘Except as provided in subpara11 graph (C), the number’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(C) Beginning in fiscal year 2012, if the 

14 numerical limitation set forth in subparagraph 

15 (A) is reached before the end of the fiscal year, 

16 up to 5,000 additional visas, of the aggregate 

17 number of visas that were available and not 

18 issued to nonimmigrants described in section 

19 101(a)(15)(U) in fiscal years 2006 through 

20 2011, may be issued until the end of the fiscal 

21 year.’’. 

22 (3) SUNSET DATE.—The amendments made by 

23 paragraphs (1) and (2) are repealed on the date on 

24 which the aggregate number of visas that were avail25 able and not issued in fiscal years 2006 through 
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1 2011 have been issued pursuant to section 

2 214(p)(2)(C) of the Immigration and Nationality 

3 Act. 

4 (b) AGE DETERMINATIONS.—Section 214(p) of the 

5 Immigration and Nationality Act (8 U.S.C. 1184(p)) is 

6 amended by adding at the end the following: 

7 ‘‘(7) AGE DETERMINATIONS.— 

8 ‘‘(A) CHILDREN.—An unmarried alien who 

9 seeks to accompany, or follow to join, a parent 

10 granted status under section 101(a)(15)(U)(i), 

11 and who was under 21 years of age on the date 

12 on which such parent petitioned for such status, 

13 shall continue to be classified as a child for pur14 poses of section 101(a)(15)(U)(ii), if the alien 

15 attains 21 years of age after such parent’s peti16 tion was filed but while it was pending. 

17 ‘‘(B) PRINCIPAL ALIENS.—An alien de18 scribed in clause (i) of section 101(a)(15)(U) 

19 shall continue to be treated as an alien de20 scribed in clause (ii)(I) of such section if the 

21 alien attains 21 years of age after the alien’s 

22 application for status under such clause (i) is 

23 filed but while it is pending.’’. 
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1 SEC. 806. HARDSHIP WAIVERS. 

2 (a) IN GENERAL.—Section 216(c)(4) of the Immigra3 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend4 ed— 

5 (1) in subparagraph (A), by striking the comma 

6 at the end and inserting a semicolon; 

7 (2) in subparagraph (B), by striking ‘‘(1), or’’ 

8 and inserting ‘‘(1); or’’; 

9 (3) in subparagraph (C), by striking the period 

10 at the end and inserting a semicolon and ‘‘or’’; and 

11 (4) by inserting after subparagraph (C) the fol12 lowing: 

13 ‘‘(D) the alien meets the requirements 

14 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

15 following the marriage ceremony was battered 

16 by or subject to extreme cruelty perpetrated by 

17 the alien’s intended spouse and was not at fault 

18 in failing to meet the requirements of para19 graph (1).’’. 

20 (b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 

21 the Immigration and Nationality Act (8 U.S.C. 

22 1186a(c)(4)), as amended by subsection (a), is further 

23 amended— 

24 (1) in the matter preceding subparagraph (A), 

25 by striking ‘‘The Attorney General, in the Attorney 
156 

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1 General’s’’ and inserting ‘‘The Secretary of Home2 land Security, in the Secretary’s’’; and 

3 (2) in the undesignated paragraph at the end— 

4 (A) in the first sentence, by striking ‘‘At5 torney General’’ and inserting ‘‘Secretary of 

6 Homeland Security’’; 

7 (B) in the second sentence, by striking 

8 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

9 (C) in the third sentence, by striking ‘‘At10 torney General.’’ and inserting ‘‘Secretary.’’; 

11 and 

12 (D) in the fourth sentence, by striking 

13 ‘‘Attorney General’’ and inserting ‘‘Secretary’’. 

14 SEC. 807. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

15 CITIZEN. 

16 (a) IN GENERAL.—Section 214 of the Immigration 

17 and Nationality Act (8 U.S.C. 1184) is amended— 

18 (1) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘crime.’’ 

20 and inserting ‘‘crime described in paragraph 

21 (3)(B) and information on any permanent pro22 tection or restraining order issued against the 

23 petitioner related to any specified crime de24 scribed in paragraph (3)(B)(i).’’; 
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1 (B) in paragraph (2)(A), in the matter 

2 preceding clause (i)— 

3 (i) by striking ‘‘a consular officer’’ 

4 and inserting ‘‘the Secretary of Homeland 

5 Security’’; and 

6 (ii) by striking ‘‘the officer’’ and in7 serting ‘‘the Secretary’’; and 

8 (C) in paragraph (3)(B)(i), by striking 

9 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

10 stalking, or an attempt to commit any such 

11 crime.’’; and 

12 (2) in subsection (r)— 

13 (A) in paragraph (1), by striking ‘‘crime.’’ 

14 and inserting ‘‘crime described in paragraph 

15 (5)(B) and information on any permanent pro16 tection or restraining order issued against the 

17 petitioner related to any specified crime de18 scribed in subsection (5)(B)(i).’’; and 

19 (B) by amending paragraph (4)(B)(ii) to 

20 read as follows: 

21 ‘‘(ii) To notify the beneficiary as required by clause 

22 (i), the Secretary of Homeland Security shall provide such 

23 notice to the Secretary of State for inclusion in the mailing 

24 to the beneficiary described in section 833(a)(5)(A)(i) of 
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1 the International Marriage Broker Regulation Act of 2005 

2 (8 U.S.C. 1375a(a)(5)(A)(i)).’’; and 

3 (3) in paragraph (5)(B)(i), by striking ‘‘abuse, 

4 and stalking.’’ and inserting ‘‘abuse, stalking, or an 

5 attempt to commit any such crime.’’. 

6 (b) PROVISION OF INFORMATION TO K NON7 IMMIGRANTS.—Section 833 of the International Marriage 

8 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 

9 amended— 

10 (1) in subsection (a)(5)(A)— 

11 (A) in clause (iii)— 

12 (i) by striking ‘‘State any’’ and insert13 ing ‘‘State, for inclusion in the mailing de14 scribed in clause (i), any’’; and 

15 (ii) by striking the last sentence; and 

16 (B) by adding at the end the following: 

17 ‘‘(iv) The Secretary of Homeland Se18 curity shall conduct a background check of 

19 the National Crime Information Center’s 

20 Protection Order Database on each peti21 tioner for a visa under subsection (d) or 

22 (r) of section 214 of the Immigration and 

23 Nationality Act (8 U.S.C. 1184). Any ap24 propriate information obtained from such 

25 background check— 
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1 ‘‘(I) shall accompany the criminal 

2 background information provided by 

3 the Secretary of Homeland Security 

4 to the Secretary of State and shared 

5 by the Secretary of State with a bene6 ficiary of a petition referred to in 

7 clause (iii); and 

8 ‘‘(II) shall not be used or dis9 closed for any other purpose unless 

10 expressly authorized by law. 

11 ‘‘(v) The Secretary of Homeland Se12 curity shall create a cover sheet or other 

13 mechanism to accompany the information 

14 required to be provided to an applicant for 

15 a visa under subsection (d) or (r) of sec16 tion 214 of the Immigration and Nation17 ality Act (8 U.S.C. 1184) by clauses (i) 

18 through (iv) of this paragraph or by 

19 clauses (i) and (ii) of subsection (r)(4)(B) 

20 of such section 214, that calls to the appli21 cant’s attention— 

22 ‘‘(I) whether the petitioner dis23 closed a protection order, a restrain24 ing order, or criminal history informa25 tion on the visa petition; 
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1 ‘‘(II) the criminal background in2 formation and information about any 

3 protection order obtained by the Sec4 retary of Homeland Security regard5 ing the petitioner in the course of ad6 judicating the petition; and 

7 ‘‘(III) whether the information 

8 the petitioner disclosed on the visa pe9 tition regarding any previous petitions 

10 filed under subsection (d) or (r) of 

11 such section 214 is consistent with the 

12 information in the multiple visa track13 ing database of the Department of 

14 Homeland Security, as described in 

15 subsection (r)(4)(A) of such section 

16 214.’’; and 

17 (2) in subsection (b)(1)(A), by striking ‘‘or’’ 

18 after ‘‘orders’’ and inserting ‘‘and’’. 

19 SEC. 808. REGULATION OF INTERNATIONAL MARRIAGE 

20 BROKERS. 

21 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR22 RIAGE BROKER ACT OF 2005.— 

23 (1) FINDINGS.—Congress finds the following: 

24 (A) The International Marriage Broker 

25 Act of 2005 (subtitle D of Public Law 109– 
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1 162; 119 Stat. 3066) has not been fully imple2 mented with regard to investigating and pros3 ecuting violations of the law, and for other pur4 poses. 

5 (B) Six years after Congress enacted the 

6 International Marriage Broker Act of 2005 to 

7 regulate the activities of the hundreds of for8 profit international marriage brokers operating 

9 in the United States, the Attorney General has 

10 not determined which component of the Depart11 ment of Justice will investigate and prosecute 

12 violations of such Act. 

13 (2) REPORT.—Not later than 90 days after the 

14 date of the enactment of this Act, the Attorney Gen15 eral shall submit to Congress a report that includes 

16 the following: 

17 (A) The name of the component of the De18 partment of Justice responsible for inves19 tigating and prosecuting violations of the Inter20 national Marriage Broker Act of 2005 (subtitle 

21 D of Public Law 109–162; 119 Stat. 3066) and 

22 the amendments made by this Act. 

23 (B) A description of the policies and proce24 dures of the Attorney General for consultation 

25 with the Secretary of Homeland Security and 
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1 the Secretary of State in investigating and 

2 prosecuting such violations. 

3 (b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) 

4 of the International Marriage Broker Regulation Act of 

5 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking 

6 ‘‘Federal and State sex offender public registries’’ and in7 serting ‘‘the National Sex Offender Public Website’’. 

8 (c) REGULATION OF INTERNATIONAL MARRIAGE

9 BROKERS.—Section 833(d) of the International Marriage 

10 Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 

11 amended— 

12 (1) by amending paragraph (1) to read as fol13 lows: 

14 ‘‘(1) PROHIBITION ON MARKETING OF OR TO

15 CHILDREN.— 

16 ‘‘(A) IN GENERAL.—An international mar17 riage broker shall not provide any individual or 

18 entity with the personal contact information, 

19 photograph, or general information about the 

20 background or interests of any individual under 

21 the age of 18. 

22 ‘‘(B) COMPLIANCE.—To comply with the 

23 requirements of subparagraph (A), an inter24 national marriage broker shall— 
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1 ‘‘(i) obtain a valid copy of each for2 eign national client’s birth certificate or 

3 other proof of age document issued by an 

4 appropriate government entity; 

5 ‘‘(ii) indicate on such certificate or 

6 document the date it was received by the 

7 international marriage broker; 

8 ‘‘(iii) retain the original of such cer9 tificate or document for 7 years after such 

10 date of receipt; and 

11 ‘‘(iv) produce such certificate or docu12 ment upon request to an appropriate au13 thority charged with the enforcement of 

14 this paragraph.’’; 

15 (2) in paragraph (2)— 

16 (A) in subparagraph (A)(i)— 

17 (i) in the heading, by striking ‘‘REG18 ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; 

19 and 

20 (ii) by striking ‘‘Registry or State sex 

21 offender public registry,’’ and inserting 

22 ‘‘Website,’’; and 

23 (B) in subparagraph (B)(ii), by striking 

24 ‘‘or stalking.’’ and inserting ‘‘stalking, or an at25 tempt to commit any such crime.’’; 
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1 (3) in paragraph (3)— 

2 (A) in subparagraph (A)— 

3 (i) in clause (i), by striking ‘‘Registry, 

4 or of the relevant State sex offender public 

5 registry for any State not yet participating 

6 in the National Sex Offender Public Reg7 istry, in which the United States client has 

8 resided during the previous 20 years,’’ and 

9 inserting ‘‘Website’’; and 

10 (ii) in clause (iii)(II), by striking 

11 ‘‘background information collected by the 

12 international marriage broker under para13 graph (2)(B);’’ and inserting ‘‘signed cer14 tification and accompanying documentation 

15 or attestation regarding the background in16 formation collected under paragraph 

17 (2)(B);’’; and 

18 (B) by striking subparagraph (C); 

19 (4) in paragraph (5)— 

20 (A) in subparagraph (A)(ii), by striking ‘‘A 

21 penalty may be imposed under clause (i) by the 

22 Attorney General only’’ and inserting ‘‘At the 

23 discretion of the Attorney General, a penalty 

24 may be imposed under clause (i) either by a 

25 Federal judge, or by the Attorney General’’; 
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1 (B) by amending subparagraph (B) to read 

2 as follows: 

3 ‘‘(B) FEDERAL CRIMINAL PENALTIES.— 

4 ‘‘(i) FAILURE OF INTERNATIONAL

5 MARRIAGE BROKERS TO COMPLY WITH OB6 LIGATIONS.—Except as provided in clause 

7 (ii), an international marriage broker that, 

8 in circumstances in or affecting interstate 

9 or foreign commerce, or within the special 

10 maritime and territorial jurisdiction of the 

11 United States— 

12 ‘‘(I) except as provided in sub13 clause (II), violates (or attempts to 

14 violate) paragraph (1), (2), (3), or (4) 

15 shall be fined in accordance with title 

16 18, United States Code, or imprisoned 

17 for not more than 1 year, or both; or 

18 ‘‘(II) knowingly violates or at19 tempts to violate paragraphs (1), (2), 

20 (3), or (4) shall be fined in accord21 ance with title 18, United States 

22 Code, or imprisoned for not more 

23 than 5 years, or both. 

24 ‘‘(ii) MISUSE OF INFORMATION.—A 

25 person who knowingly discloses, uses, or 
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1 causes to be used any information obtained 

2 by an international marriage broker as a 

3 result of a requirement under paragraph 

4 (2) or (3) for any purpose other than the 

5 disclosures required under paragraph (3) 

6 shall be fined in accordance with title 18, 

7 United States Code, or imprisoned for not 

8 more than 1 year, or both. 

9 ‘‘(iii) FRAUDULENT FAILURES OF

10 UNITED STATES CLIENTS TO MAKE RE11 QUIRED SELF-DISCLOSURES.—A person 

12 who knowingly and with intent to defraud 

13 another person outside the United States 

14 in order to recruit, solicit, entice, or induce 

15 that other person into entering a dating or 

16 matrimonial relationship, makes false or 

17 fraudulent representations regarding the 

18 disclosures described in clause (i), (ii), (iii), 

19 or (iv) of subsection (d)(2)(B), including 

20 by failing to make any such disclosures, 

21 shall be fined in accordance with title 18, 

22 United States Code, imprisoned for not 

23 more than 1 year, or both. 

24 ‘‘(iv) RELATIONSHIP TO OTHER PEN25 ALTIES.—The penalties provided in clauses 
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1 (i), (ii), and (iii) are in addition to any 

2 other civil or criminal liability under Fed3 eral or State law to which a person may be 

4 subject for the misuse of information, in5 cluding misuse to threaten, intimidate, or 

6 harass any individual. 

7 ‘‘(v) CONSTRUCTION.—Nothing in 

8 this paragraph or paragraph (3) or (4) 

9 may be construed to prevent the disclosure 

10 of information to law enforcement or pur11 suant to a court order.’’; and 

12 (C) in subparagraph (C), by striking the 

13 period at the end and inserting ‘‘including equi14 table remedies.’’; 

15 (5) by redesignating paragraphs (6) and (7) as 

16 paragraphs (7) and (8), respectively; and 

17 (6) by inserting after paragraph (5) the fol18 lowing: 

19 ‘‘(6) ENFORCEMENT.— 

20 ‘‘(A) AUTHORITY.—The Attorney General 

21 shall be responsible for the enforcement of the 

22 provisions of this section, including the prosecu23 tion of civil and criminal penalties provided for 

24 by this section. 
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1 ‘‘(B) CONSULTATION.—The Attorney Gen2 eral shall consult with the Director of the Office 

3 on Violence Against Women of the Department 

4 of Justice to develop policies and public edu5 cation designed to promote enforcement of this 

6 section.’’. 

7 (d) GAO STUDY AND REPORT.—Section 833(f) of 

8 the International Marriage Broker Regulation Act of 2005 

9 (8 U.S.C. 1375a(f)) is amended— 

10 (1) in the subsection heading, by striking 

11 ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES

12 AND REPORTS.—’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(4) CONTINUING IMPACT STUDY AND RE15 PORT.— 

16 ‘‘(A) STUDY.—The Comptroller General 

17 shall conduct a study on the continuing impact 

18 of the implementation of this section and of sec19 tion of 214 of the Immigration and Nationality 

20 Act (8 U.S.C. 1184) on the process for grant21 ing K nonimmigrant visas, including specifically 

22 a study of the items described in subparagraphs 

23 (A) through (E) of paragraph (1). 

24 ‘‘(B) REPORT.—Not later than 2 years 

25 after the date of the enactment of the Violence 
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1 Against Women Reauthorization Act of 2012, 

2 the Comptroller General shall submit to the 

3 Committee on the Judiciary of the Senate and 

4 the Committee on the Judiciary of the House of 

5 Representatives a report setting forth the re6 sults of the study conducted under subpara7 graph (A). 

8 ‘‘(C) DATA COLLECTION.—The Attorney 

9 General, the Secretary of Homeland Security, 

10 and the Secretary of State shall collect and 

11 maintain the data necessary for the Comptroller 

12 General to conduct the study required by para13 graph (1)(A).’’. 

14 SEC. 809. ELIGIBILITY OF CRIME AND TRAFFICKING VIC15 TIMS IN THE COMMONWEALTH OF THE 

16 NORTHERN MARIANA ISLANDS TO ADJUST 

17 STATUS. 

18 Section 705(c) of the Consolidated Natural Resources 

19 Act of 2008 (Public Law 110–229; 48 U.S.C. 1806 note), 

20 is amended by striking ‘‘except that,’’ and all that follows 

21 through the end, and inserting the following: ‘‘except 

22 that— 

23 ‘‘(1) for the purpose of determining whether an 

24 alien lawfully admitted for permanent residence (as 

25 defined in section 101(a)(20) of the Immigration 
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1 and Nationality Act (8 U.S.C. 1101(a)(20)) has 

2 abandoned or lost such status by reason of absence 

3 from the United States, such alien’s presence in the 

4 Commonwealth, before, on or after November 28, 

5 2009, shall be considered to be presence in the 

6 United States; and 

7 ‘‘(2) for the purpose of determining whether an 

8 alien whose application for status under subpara9 graph (T) or (U) of section 101(a)(15) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a)(15)) 

11 was granted is subsequently eligible for adjustment 

12 under subsection (l) or (m) of section 245 of such 

13 Act (8 U.S.C. 1255), such alien’s physical presence 

14 in the Commonwealth before, on, or after November 

15 28, 2009, and subsequent to the grant of the appli16 cation, shall be considered as equivalent to presence 

17 in the United States pursuant to a nonimmigrant 

18 admission in such status.’’. 

19 SEC. 810. DIVERSITY IMMIGRANT VISA PETITION FEE. 

20 (a) REQUIREMENT FOR FEE.—Section 204(a)(1)(I) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1154(a)(1)(I)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(iv) Each petition filed under this subparagraph 

25 shall include a petition fee in the amount of $30.’’. 
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1 (b) DEPOSIT OF FEE.— 

2 (1) IN GENERAL.—For purposes of fees col3 lected pursuant to clause (iv) of section 204(a)(1)(I) 

4 of the Immigration and Nationality Act (8 U.S.C. 

5 1154(a)(1)(I)), as added by subsection (a), a portion 

6 of such funds shall be transferred to and deposited 

7 in the Federal Old-Age and Survivors Trust Fund 

8 and the Federal Disability Insurance Trust Fund es9 tablished under section 201 of the Social Security 

10 Act (42 U.S.C. 401) (referred to in this section as 

11 the ‘‘Trust Funds’’), at such times and in such man12 ner as is determined appropriate by the Secretary of 

13 the Treasury, in such amounts as are equal to the 

14 increases in disbursements from the Trust Funds by 

15 reason of the application of section 805(a). 

16 (2) REMAINDER.—To the extent the total 

17 amount collected pursuant to clause (iv) of section 

18 204(a)(1)(I) of the Immigration and Nationality Act 

19 exceeds the total amount transferred to the Trust 

20 Funds pursuant to paragraph (1), such excess 

21 amount shall not be available for obligation and 

22 shall be deposited, in its entirety, in the general fund 

23 of the Treasury. 

24 (c) SUNSET OF FEES.—The fees collected pursuant 

25 to clause (iv) of section 204(a)(1)(I) of the Immigration 
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1 and Nationality Act (8 U.S.C. 1154(a)(1)(I)), as added 

2 by subsection (a), shall apply only to petitions filed before 

3 December 31, 2015. 

4 SEC. 811. BUDGETARY EFFECTS. 

5 The budgetary effects of this Act, for the purpose of 

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the Senate Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

13 SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL 

14 SECURITY PURPOSES. 

15 (a) INFORMATION SHARING.—Section 384(b) of the 

16 Illegal Immigration Reform and Immigrant Responsibility 

17 Act of 1996 (8 U.S.C. 1367(b)) is amended— 

18 (1) in paragraph (1)— 

19 (A) by inserting ‘‘Secretary of Homeland 

20 Security or the’’ before ‘‘Attorney General 

21 may’’; and 

22 (B) by inserting ‘‘Secretary’s or the’’ be23 fore ‘‘Attorney General’s discretion’’; 

24 (2) in paragraph (2)— 
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1 (A) by inserting ‘‘Secretary of Homeland 

2 Security or the’’ before ‘‘Attorney General 

3 may’’; 

4 (B) by inserting ‘‘Secretary or the’’ before 

5 ‘‘Attorney General for’’; and 

6 (C) by inserting ‘‘in a manner that pro7 tects the confidentiality of such information’’ 

8 after ‘‘law enforcement purpose’’; 

9 (3) in paragraph (5), by striking ‘‘Attorney 

10 General is’’ and inserting ‘‘Secretary of Homeland 

11 Security and the Attorney General are’’; and 

12 (4) by adding at the end a new paragraph as 

13 follows: 

14 ‘‘(8) Notwithstanding subsection (a)(2), the 

15 Secretary of Homeland Security, the Secretary of 

16 State, or the Attorney General may provide in the 

17 discretion of either such Secretary or the Attorney 

18 General for the disclosure of information to national 

19 security officials to be used solely for a national se20 curity purpose in a manner that protects the con21 fidentiality of such information.’’. 

22 (b) GUIDELINES.—Section 384(d) of the Illegal Im23 migration Reform and Immigrant Responsibility Act of 

24 1996 (8 U.S.C. 1367(d)) is amended— 
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1 (1) by inserting ‘‘, Secretary of State,’’ after 

2 ‘‘The Attorney General’’; 

3 (2) by inserting ‘‘, Department of State,’’ after 

4 ‘‘Department of Justice’’; and 

5 (3) by inserting ‘‘and severe forms of traf6 ficking in persons or criminal activity listed in sec7 tion 101(a)(15)(U) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(a)(15)(u))’’ after ‘‘domestic 

9 violence’’. 

10 (c) IMPLEMENTATION.—Not later than 180 days 

11 after the date of the enactment of this Act, the Attorney 

12 General, the Secretary of State, and Secretary of Home13 land Security shall provide the guidance required by sec14 tion 384(d) of the Illegal Immigration Reform and Immi15 grant Responsibility Act of 1996 (8 U.S.C. 1367(d)), con16 sistent with the amendments made by subsections (a) and 

17 (b). 

18 (d) CLERICAL AMENDMENT.—Section 384(a)(1) of 

19 the Illegal Immigration Reform and Immigrant Responsi20 bility Act of 1986 is amended by striking ‘‘241(a)(2)’’ in 

21 the matter following subparagraph (F) and inserting 

22 ‘‘237(a)(2)’’. 
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1 TITLE IX—SAFETY FOR INDIAN 

2 WOMEN 

3 SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

4 Section 2015(a) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

6 10(a)) is amended— 

7 (1) in paragraph (2), by inserting ‘‘sex traf8 ficking,’’ after ‘‘sexual assault,’’; 

9 (2) in paragraph (4), by inserting ‘‘sex traf10 ficking,’’ after ‘‘sexual assault,’’; 

11 (3) in paragraph (5), by striking ‘‘and stalking’’ 

12 and all that follows and inserting ‘‘sexual assault, 

13 sex trafficking, and stalking;’’; 

14 (4) in paragraph (7)— 

15 (A) by inserting ‘‘sex trafficking,’’ after 

16 ‘‘sexual assault,’’ each place it appears; and 

17 (B) by striking ‘‘and’’ at the end; 

18 (5) in paragraph (8)— 

19 (A) by inserting ‘‘sex trafficking,’’ after 

20 ‘‘stalking,’’; and 

21 (B) by striking the period at the end and 

22 inserting a semicolon; and 

23 (6) by adding at the end the following: 

24 ‘‘(9) provide services to address the needs of 

25 youth who are victims of domestic violence, dating 
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1 violence, sexual assault, sex trafficking, or stalking 

2 and the needs of youth and children exposed to do3 mestic violence, dating violence, sexual assault, or 

4 stalking, including support for the nonabusing par5 ent or the caretaker of the youth or child; and 

6 ‘‘(10) develop and promote legislation and poli7 cies that enhance best practices for responding to 

8 violent crimes against Indian women, including the 

9 crimes of domestic violence, dating violence, sexual 

10 assault, sex trafficking, and stalking.’’. 

11 SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

12 Section 2001 of title I of the Omnibus Crime Control 

13 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is 

14 amended by striking subsection (d) and inserting the fol15 lowing: 

16 ‘‘(d) TRIBAL COALITION GRANTS.— 

17 ‘‘(1) PURPOSE.—The Attorney General shall 

18 award a grant to tribal coalitions for purposes of— 

19 ‘‘(A) increasing awareness of domestic vio20 lence and sexual assault against Indian women; 

21 ‘‘(B) enhancing the response to violence 

22 against Indian women at the Federal, State, 

23 and tribal levels; 

24 ‘‘(C) identifying and providing technical 

25 assistance to coalition membership and tribal 
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1 communities to enhance access to essential serv2 ices to Indian women victimized by domestic 

3 and sexual violence, including sex trafficking; 

4 and 

5 ‘‘(D) assisting Indian tribes in developing 

6 and promoting State, local, and tribal legisla7 tion and policies that enhance best practices for 

8 responding to violent crimes against Indian 

9 women, including the crimes of domestic vio10 lence, dating violence, sexual assault, sex traf11 ficking, and stalking. 

12 ‘‘(2) GRANTS.—The Attorney General shall 

13 award grants on an annual basis under paragraph 

14 (1) to— 

15 ‘‘(A) each tribal coalition that— 

16 ‘‘(i) meets the criteria of a tribal coa17 lition under section 40002(a) of the Vio18 lence Against Women Act of 1994 (42 

19 U.S.C. 13925(a)); 

20 ‘‘(ii) is recognized by the Office on Vi21 olence Against Women; and 

22 ‘‘(iii) provides services to Indian 

23 tribes; and 

24 ‘‘(B) organizations that propose to incor25 porate and operate a tribal coalition in areas 
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1 where Indian tribes are located but no tribal co2 alition exists. 

3 ‘‘(3) USE OF AMOUNTS.—For each of fiscal 

4 years 2012 through 2016, of the amounts appro5 priated to carry out this subsection— 

6 ‘‘(A) not more than 10 percent shall be 

7 made available to organizations described in 

8 paragraph (2)(B), provided that 1 or more or9 ganizations determined by the Attorney General 

10 to be qualified apply; 

11 ‘‘(B) not less than 90 percent shall be 

12 made available to tribal coalitions described in 

13 paragraph (2)(A), which amounts shall be dis14 tributed equally among each eligible tribal coali15 tion for the applicable fiscal year. 

16 ‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Re17 ceipt of an award under this subsection by a tribal 

18 coalition shall not preclude the tribal coalition from 

19 receiving additional grants under this title to carry 

20 out the purposes described in paragraph (1). 

21 ‘‘(5) MULTIPLE PURPOSE APPLICATIONS.— 

22 Nothing in this subsection prohibits any tribal coali23 tion or organization described in paragraph (2) from 

24 applying for funding to address sexual assault or do25 mestic violence needs in the same application.’’. 
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1 SEC. 903. CONSULTATION. 

2 Section 903 of the Violence Against Women and De3 partment of Justice Reauthorization Act of 2005 (42 

4 U.S.C. 14045d) is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘and the Violence Against 

7 Women Act of 2000’’ and inserting ‘‘, the Vio8 lence Against Women Act of 2000’’; and 

9 (B) by inserting ‘‘, and the Violence 

10 Against Women Reauthorization Act of 2011’’ 

11 before the period at the end; 

12 (2) in subsection (b)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘Secretary of the Department of 

15 Health and Human Services’’ and inserting 

16 ‘‘Secretary of Health and Human Services, the 

17 Secretary of the Interior,’’; and 

18 (B) in paragraph (2), by striking ‘‘and 

19 stalking’’ and inserting ‘‘stalking, and sex traf20 ficking’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

23 submit to Congress an annual report on the annual con24 sultations required under subsection (a) that— 
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1 ‘‘(1) contains the recommendations made under 

2 subsection (b) by Indian tribes during the year cov3 ered by the report; 

4 ‘‘(2) describes actions taken during the year 

5 covered by the report to respond to recommenda6 tions made under subsection (b) during the year or 

7 a previous year; and 

8 ‘‘(3) describes how the Attorney General will 

9 work in coordination and collaboration with Indian 

10 tribes, the Secretary of Health and Human Services, 

11 and the Secretary of the Interior to address the rec12 ommendations made under subsection (b). 

13 ‘‘(d) NOTICE.—Not later than 120 days before the 

14 date of a consultation under subsection (a), the Attorney 

15 General shall notify tribal leaders of the date, time, and 

16 location of the consultation.’’. 

17 SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMES18 TIC VIOLENCE. 

19 Title II of Public Law 90–284 (25 U.S.C. 1301 et 

20 seq.) (commonly known as the ‘‘Indian Civil Rights Act 

21 of 1968’’) is amended by adding at the end the following: 

22 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES23 TIC VIOLENCE. 

24 ‘‘(a) DEFINITIONS.—In this section: 
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1 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio2 lence’ means violence committed by a person who is 

3 or has been in a social relationship of a romantic or 

4 intimate nature with the victim, as determined by 

5 the length of the relationship, the type of relation6 ship, and the frequency of interaction between the 

7 persons involved in the relationship. 

8 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes9 tic violence’ means violence committed by a current 

10 or former spouse or intimate partner of the victim, 

11 by a person with whom the victim shares a child in 

12 common, by a person who is cohabitating with or 

13 has cohabitated with the victim as a spouse or inti14 mate partner, or by a person similarly situated to a 

15 spouse of the victim under the domestic- or family16 violence laws of an Indian tribe that has jurisdiction 

17 over the Indian country where the violence occurs. 

18 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian 

19 country’ has the meaning given the term in section 

20 1151 of title 18, United States Code. 

21 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici22 pating tribe’ means an Indian tribe that elects to ex23 ercise special domestic violence criminal jurisdiction 

24 over the Indian country of that Indian tribe. 
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1 ‘‘(5) PROTECTION ORDER.—The term ‘protec2 tion order’— 

3 ‘‘(A) means any injunction, restraining 

4 order, or other order issued by a civil or crimi5 nal court for the purpose of preventing violent 

6 or threatening acts or harassment against, sex7 ual violence against, contact or communication 

8 with, or physical proximity to, another person; 

9 and 

10 ‘‘(B) includes any temporary or final order 

11 issued by a civil or criminal court, whether ob12 tained by filing an independent action or as a 

13 pendent lite order in another proceeding, if the 

14 civil or criminal order was issued in response to 

15 a complaint, petition, or motion filed by or on 

16 behalf of a person seeking protection. 

17 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL

18 JURISDICTION.—The term ‘special domestic violence 

19 criminal jurisdiction’ means the criminal jurisdiction 

20 that a participating tribe may exercise under this 

21 section but could not otherwise exercise. 

22 ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The 

23 term ‘spouse or intimate partner’ has the meaning 

24 given the term in section 2266 of title 18, United 

25 States Code. 
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1 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

2 ‘‘(1) IN GENERAL.—Notwithstanding any other 

3 provision of law, in addition to all powers of self-gov4 ernment recognized and affirmed by sections 201 

5 and 203, the powers of self-government of a partici6 pating tribe include the inherent power of that tribe, 

7 which is hereby recognized and affirmed, to exercise 

8 special domestic violence criminal jurisdiction over 

9 all persons. 

10 ‘‘(2) CONCURRENT JURISDICTION.—The exer11 cise of special domestic violence criminal jurisdiction 

12 by a participating tribe shall be concurrent with the 

13 jurisdiction of the United States, of a State, or of 

14 both. 

15 ‘‘(3) APPLICABILITY.—Nothing in this sec16 tion— 

17 ‘‘(A) creates or eliminates any Federal or 

18 State criminal jurisdiction over Indian country; 

19 or 

20 ‘‘(B) affects the authority of the United 

21 States or any State government that has been 

22 delegated authority by the United States to in23 vestigate and prosecute a criminal violation in 

24 Indian country. 

25 ‘‘(4) EXCEPTIONS.— 
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1 ‘‘(A) VICTIM AND DEFENDANT ARE BOTH

2 NON-INDIANS.— 

3 ‘‘(i) IN GENERAL.—A participating 

4 tribe may not exercise special domestic vio5 lence criminal jurisdiction over an alleged 

6 offense if neither the defendant nor the al7 leged victim is an Indian. 

8 ‘‘(ii) DEFINITION OF VICTIM.—In this 

9 subparagraph and with respect to a crimi10 nal proceeding in which a participating 

11 tribe exercises special domestic violence 

12 criminal jurisdiction based on a violation of 

13 a protection order, the term ‘victim’ means 

14 a person specifically protected by a protec15 tion order that the defendant allegedly vio16 lated. 

17 ‘‘(B) DEFENDANT LACKS TIES TO THE IN18 DIAN TRIBE.—A participating tribe may exer19 cise special domestic violence criminal jurisdic20 tion over a defendant only if the defendant— 

21 ‘‘(i) resides in the Indian country of 

22 the participating tribe; 

23 ‘‘(ii) is employed in the Indian coun24 try of the participating tribe; or 
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1 ‘‘(iii) is a spouse, intimate partner, or 

2 dating partner of— 

3 ‘‘(I) a member of the partici4 pating tribe; or 

5 ‘‘(II) an Indian who resides in 

6 the Indian country of the partici7 pating tribe. 

8 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

9 exercise special domestic violence criminal jurisdiction over 

10 a defendant for criminal conduct that falls into one or 

11 more of the following categories: 

12 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO13 LENCE.—An act of domestic violence or dating vio14 lence that occurs in the Indian country of the par15 ticipating tribe. 

16 ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— 

17 An act that— 

18 ‘‘(A) occurs in the Indian country of the 

19 participating tribe; and 

20 ‘‘(B) violates the portion of a protection 

21 order that— 

22 ‘‘(i) prohibits or provides protection 

23 against violent or threatening acts or har24 assment against, sexual violence against, 
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1 contact or communication with, or physical 

2 proximity to, another person; 

3 ‘‘(ii) was issued against the defend4 ant; 

5 ‘‘(iii) is enforceable by the partici6 pating tribe; and 

7 ‘‘(iv) is consistent with section 

8 2265(b) of title 18, United States Code. 

9 ‘‘(d) RIGHTS OF DEFENDANTS.—In a criminal pro10 ceeding in which a participating tribe exercises special do11 mestic violence criminal jurisdiction, the participating 

12 tribe shall provide to the defendant— 

13 ‘‘(1) all applicable rights under this Act; 

14 ‘‘(2) if a term of imprisonment of any length 

15 may be imposed, all rights described in section 

16 202(c); 

17 ‘‘(3) the right to a trial by an impartial jury 

18 that is drawn from sources that— 

19 ‘‘(A) reflect a fair cross section of the com20 munity; and 

21 ‘‘(B) do not systematically exclude any dis22 tinctive group in the community, including non23 Indians; and 

24 ‘‘(4) all other rights whose protection is nec25 essary under the Constitution of the United States 
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1 in order for Congress to recognize and affirm the in2 herent power of the participating tribe to exercise 

3 special domestic violence criminal jurisdiction over 

4 the defendant. 

5 ‘‘(e) PETITIONS TO STAY DETENTION.— 

6 ‘‘(1) IN GENERAL.—A person who has filed a 

7 petition for a writ of habeas corpus in a court of the 

8 United States under section 203 may petition that 

9 court to stay further detention of that person by the 

10 participating tribe. 

11 ‘‘(2) GRANT OF STAY.—A court shall grant a 

12 stay described in paragraph (1) if the court— 

13 ‘‘(A) finds that there is a substantial likeli14 hood that the habeas corpus petition will be 

15 granted; and 

16 ‘‘(B) after giving each alleged victim in the 

17 matter an opportunity to be heard, finds by 

18 clear and convincing evidence that under condi19 tions imposed by the court, the petitioner is not 

20 likely to flee or pose a danger to any person or 

21 the community if released. 

22 ‘‘(3) NOTICE.—An Indian tribe that has or23 dered the detention of any person has a duty to 

24 timely notify such person of his rights and privileges 

25 under this subsection and under section 203. 
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1 ‘‘(f) GRANTS TO TRIBAL GOVERNMENTS.—The At2 torney General may award grants to the governments of 

3 Indian tribes (or to authorized designees of those govern4 ments)— 

5 ‘‘(1) to strengthen tribal criminal justice sys6 tems to assist Indian tribes in exercising special do7 mestic violence criminal jurisdiction, including— 

8 ‘‘(A) law enforcement (including the capac9 ity of law enforcement or court personnel to 

10 enter information into and obtain information 

11 from national crime information databases); 

12 ‘‘(B) prosecution; 

13 ‘‘(C) trial and appellate courts; 

14 ‘‘(D) probation systems; 

15 ‘‘(E) detention and correctional facilities; 

16 ‘‘(F) alternative rehabilitation centers; 

17 ‘‘(G) culturally appropriate services and 

18 assistance for victims and their families; and 

19 ‘‘(H) criminal codes and rules of criminal 

20 procedure, appellate procedure, and evidence; 

21 ‘‘(2) to provide indigent criminal defendants 

22 with the effective assistance of licensed defense 

23 counsel, at no cost to the defendant, in criminal pro24 ceedings in which a participating tribe prosecutes a 
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1 crime of domestic violence or dating violence or a 

2 criminal violation of a protection order; 

3 ‘‘(3) to ensure that, in criminal proceedings in 

4 which a participating tribe exercises special domestic 

5 violence criminal jurisdiction, jurors are summoned, 

6 selected, and instructed in a manner consistent with 

7 all applicable requirements; and 

8 ‘‘(4) to accord victims of domestic violence, dat9 ing violence, and violations of protection orders 

10 rights that are similar to the rights of a crime victim 

11 described in section 3771(a) of title 18, United 

12 States Code, consistent with tribal law and custom. 

13 ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Amounts 

14 made available under this section shall supplement and 

15 not supplant any other Federal, State, tribal, or local gov16 ernment amounts made available to carry out activities de17 scribed in this section. 

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $5,000,000 for each of 

20 fiscal years 2012 through 2016 to carry out subsection 

21 (f) and to provide training, technical assistance, data col22 lection, and evaluation of the criminal justice systems of 

23 participating tribes.’’. 
190 

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1 SEC. 905. TRIBAL PROTECTION ORDERS. 

2 (a) IN GENERAL.—Section 2265 of title 18, United 

3 States Code, is amended by striking subsection (e) and 

4 inserting the following: 

5 ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes 

6 of this section, a court of an Indian tribe shall have full 

7 civil jurisdiction to issue and enforce protection orders in8 volving any person, including the authority to enforce any 

9 orders through civil contempt proceedings, to exclude vio10 lators from Indian land, and to use other appropriate 

11 mechanisms, in matters arising anywhere in the Indian 

12 country of the Indian tribe (as defined in section 1151) 

13 or otherwise within the authority of the Indian tribe.’’. 

14 (b) APPLICABILITY.—Nothing in this Act, including 

15 an amendment made by this Act, alters or modifies the 

16 jurisdiction or authority of an Indian tribe in the State 

17 of Alaska under section 2265(e) of title 18, United States 

18 Code (as in effect on the day before the date of enactment 

19 of this Act). 

20 SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STAT21 UTE. 

22 (a) IN GENERAL.—Section 113 of title 18, United 

23 States Code, is amended— 

24 (1) in subsection (a)— 

25 (A) by striking paragraph (1) and insert26 ing the following: 
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1 ‘‘(1) Assault with intent to commit murder or 

2 a violation of section 2241 or 2242, by a fine under 

3 this title, imprisonment for not more than 20 years, 

4 or both.’’; 

5 (B) in paragraph (2), by striking ‘‘felony 

6 under chapter 109A’’ and inserting ‘‘violation 

7 of section 2241 or 2242’’; 

8 (C) in paragraph (3) by striking ‘‘and 

9 without just cause or excuse,’’; 

10 (D) in paragraph (4), by striking ‘‘six 

11 months’’ and inserting ‘‘1 year’’; 

12 (E) in paragraph (7)— 

13 (i) by striking ‘‘substantial bodily in14 jury to an individual who has not attained 

15 the age of 16 years’’ and inserting ‘‘sub16 stantial bodily injury to a spouse or inti17 mate partner, a dating partner, or an indi18 vidual who has not attained the age of 16 

19 years’’; and 

20 (ii) by striking ‘‘fine’’ and inserting 

21 ‘‘a fine’’; and 

22 (F) by adding at the end the following: 

23 ‘‘(8) Assault of a spouse, intimate partner, or 

24 dating partner by strangling, suffocating, or at25 tempting to strangle or suffocate, by a fine under 
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1 this title, imprisonment for not more than 10 years, 

2 or both.’’; and 

3 (2) in subsection (b)— 

4 (A) by striking ‘‘(b) As used in this sub5 section—’’ and inserting the following: 

6 ‘‘(b) DEFINITIONS.—In this section—’’; 

7 (B) in paragraph (1)(B), by striking 

8 ‘‘and’’ at the end; 

9 (C) in paragraph (2), by striking the pe10 riod at the end and inserting a semicolon; and 

11 (D) by adding at the end the following: 

12 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

13 intimate partner’ have the meanings given those 

14 terms in section 2266; 

15 ‘‘(4) the term ‘strangling’ means intentionally, 

16 knowingly, or recklessly impeding the normal breath17 ing or circulation of the blood of a person by apply18 ing pressure to the throat or neck, regardless of 

19 whether that conduct results in any visible injury or 

20 whether there is any intent to kill or protractedly in21 jure the victim; and 

22 ‘‘(5) the term ‘suffocating’ means intentionally, 

23 knowingly, or recklessly impeding the normal breath24 ing of a person by covering the mouth of the person, 

25 the nose of the person, or both, regardless of wheth-
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1 er that conduct results in any visible injury or 

2 whether there is any intent to kill or protractedly in3 jure the victim.’’. 

4 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

5 18, United States Code, is amended by striking ‘‘assault 

6 with intent to commit murder, assault with a dangerous 

7 weapon, assault resulting in serious bodily injury (as de8 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

9 assault under section 113’’. 

10 (c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 

11 of title 18, United States Code, is amended by inserting 

12 ‘‘or tribal’’ after ‘‘State’’. 

13 SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

14 INDIAN WOMEN. 

15 (a) IN GENERAL.—Section 904(a) of the Violence 

16 Against Women and Department of Justice Reauthoriza17 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend18 ed— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘The National’’ and insert21 ing ‘‘Not later than 2 years after the date of 

22 enactment of the Violence Against Women Re23 authorization Act of 2011, the National’’; and 

24 (B) by inserting ‘‘and in Native villages 

25 (as defined in section 3 of the Alaska Native 
194 

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1 Claims Settlement Act (43 U.S.C. 1602))’’ be2 fore the period at the end; 

3 (2) in paragraph (2)(A)— 

4 (A) in clause (iv), by striking ‘‘and’’ at the 

5 end; 

6 (B) in clause (v), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(vi) sex trafficking.’’; 

10 (3) in paragraph (4), by striking ‘‘this Act’’ and 

11 inserting ‘‘the Violence Against Women Reauthoriza12 tion Act of 2011’’; and 

13 (4) in paragraph (5), by striking ‘‘this section 

14 $1,000,000 for each of fiscal years 2007 and 2008’’ 

15 and inserting ‘‘this subsection $1,000,000 for each 

16 of fiscal years 2012 and 2013’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 905(b)(2) of the Violence Against Women and Depart19 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

20 534 note) is amended by striking ‘‘fiscal years 2007 

21 through 2011’’ and inserting ‘‘fiscal years 2012 through 

22 2016’’. 

23 SEC. 908. EFFECTIVE DATES; PILOT PROJECT. 

24 (a) GENERAL EFFECTIVE DATE.—Except as pro25 vided in section 4 and subsection (b) of this section, the 
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1 amendments made by this title shall take effect on the 

2 date of enactment of this Act. 

3 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO4 LENCE CRIMINAL JURISDICTION.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), subsections (b) through (d) of section 204 

7 of Public Law 90–284 (as added by section 904) 

8 shall take effect on the date that is 2 years after the 

9 date of enactment of this Act. 

10 (2) PILOT PROJECT.— 

11 (A) IN GENERAL.—At any time during the 

12 2-year period beginning on the date of enact13 ment of this Act, an Indian tribe may ask the 

14 Attorney General to designate the tribe as a 

15 participating tribe under section 204(a) of Pub16 lic Law 90–284 on an accelerated basis. 

17 (B) PROCEDURE.—The Attorney General 

18 may grant a request under subparagraph (A) 

19 after coordinating with the Secretary of the In20 terior, consulting with affected Indian tribes, 

21 and concluding that the criminal justice system 

22 of the requesting tribe has adequate safeguards 

23 in place to protect defendants’ rights, consistent 

24 with section 204 of Public Law 90–284. 
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1 (C) EFFECTIVE DATES FOR PILOT

2 PROJECTS.—An Indian tribe designated as a 

3 participating tribe under this paragraph may 

4 commence exercising special domestic violence 

5 criminal jurisdiction pursuant to subsections (b) 

6 through (d) of section 204 of Public Law 90– 

7 284 on a date established by the Attorney Gen8 eral, after consultation with that Indian tribe, 

9 but in no event later than the date that is 2 

10 years after the date of enactment of this Act. 

11 SEC. 909. INDIAN LAW AND ORDER COMMISSION; REPORT 

12 ON THE ALASKA RURAL JUSTICE AND LAW 

13 ENFORCEMENT COMMISSION. 

14 (a) IN GENERAL.—Section 15(f) of the Indian Law 

15 Enforcement Reform Act (25 U.S.C. 2812(f)) is amended 

16 by striking ‘‘2 years’’ and inserting ‘‘3 years’’. 

17 (b) REPORT.—The Attorney General, in consultation 

18 with the Attorney General of the State of Alaska, the 

19 Commissioner of Public Safety of the State of Alaska, the 

20 Alaska Federation of Natives and Federally recognized In21 dian tribes in the State of Alaska, shall report to Congress 

22 not later than one year after enactment of this Act with 

23 respect to whether the Alaska Rural Justice and Law En24 forcement Commission established under Section 

25 112(a)(1) of the Consolidated Appropriations Act, 2004 
197 

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1 should be continued and appropriations authorized for the 

2 continued work of the commission. The report may con3 tain recommendations for legislation with respect to the 

4 scope of work and composition of the commission. 

5 SEC. 910. LIMITATION. 

6 Nothing in this Act or any amendment made by this 

7 Act limits, alters, expands, or diminishes the civil or crimi8 nal jurisdiction of the State of Alaska, any subdivision of 

9 the State of Alaska, or any Indian tribe in the State of 

10 Alaska. 

11 TITLE X—OTHER MATTERS 

12 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

13 ABUSE. 

14 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

15 2243(b) of title 18, United States Code, is amended to 

16 read as follows: 

17 ‘‘(b) OF A WARD.— 

18 ‘‘(1) OFFENSES.— 

19 ‘‘(A) IN GENERAL.—It shall be unlawful 

20 for any person to knowingly engage, or know21 ingly attempt to engage, in a sexual act with 

22 another person who is— 

23 ‘‘(i) in official detention or under offi24 cial supervision or other official control of, 

25 the United States— 
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1 ‘‘(I) during or after arrest; 

2 ‘‘(II) after release pretrial; 

3 ‘‘(III) while on bail, probation, 

4 supervised release, or parole; 

5 ‘‘(IV) after release following a 

6 finding of juvenile delinquency; or 

7 ‘‘(V) after release pending any 

8 further judicial proceedings; 

9 ‘‘(ii) under the professional custodial, 

10 supervisory, or disciplinary control or au11 thority of the person engaging or attempt12 ing to engage in the sexual act; and 

13 ‘‘(iii) at the time of the sexual act— 

14 ‘‘(I) in the special maritime and 

15 territorial jurisdiction of the United 

16 States; 

17 ‘‘(II) in a Federal prison, or in 

18 any prison, institution, or facility in 

19 which persons are held in custody by 

20 direction of, or pursuant to a contract 

21 or agreement with, the United States; 

22 or 

23 ‘‘(III) under supervision or other 

24 control by the United States, or by di-
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1 rection of, or pursuant to a contract 

2 or agreement with, the United States. 

3 ‘‘(B) SEXUAL CONTACT.—It shall be un4 lawful for any person to knowingly engage in 

5 sexual contact with, or cause sexual contact by, 

6 another person, if to do so would violate sub7 paragraph (A) had the sexual contact been a 

8 sexual act. 

9 ‘‘(2) PENALTIES.— 

10 ‘‘(A) IN GENERAL.—A person that violates 

11 paragraph (1)(A) shall— 

12 ‘‘(i) be fined under this title, impris13 oned for not more than 15 years, or both; 

14 and 

15 ‘‘(ii) if, in the course of committing 

16 the violation of paragraph (1), the person 

17 engages in conduct that would constitute 

18 an offense under section 2241 or 2242 if 

19 committed in the special maritime and ter20 ritorial jurisdiction of the United States, 

21 be subject to the penalties provided for 

22 under section 2241 or 2242, respectively. 

23 ‘‘(B) SEXUAL CONTACT.—A person that 

24 violates paragraph (1)(B) shall be fined under 
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1 this title, imprisoned for not more than 2 years, 

2 or both.’’. 

3 (b) PENALTIES FOR SEXUAL ABUSE.— 

4 (1) IN GENERAL.—Chapter 13 of title 18, 

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 250. Penalties for sexual abuse 

8 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

9 in the course of committing an offense under this chapter 

10 or under section 901 of the Fair Housing Act (42 U.S.C. 

11 3631) to engage in conduct that would constitute an of12 fense under chapter 109A if committed in the special mar13 itime and territorial jurisdiction of the United States. 

14 ‘‘(b) PENALTIES.—A person that violates subsection 

15 (a) shall be subject to the penalties under the provision 

16 of chapter 109A that would have been violated if the con17 duct was committed in the special maritime and territorial 

18 jurisdiction of the United States, unless a greater penalty 

19 is otherwise authorized by law.’’. 

20 (2) TECHNICAL AND CONFORMING AMEND21 MENT.—The table of sections for chapter 13 of title 

22 18, United States Code, is amended by adding at 

23 the end the following: 

‘‘250. Penalties for sexual abuse.’’. 
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1 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

2 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

3 Rights of Institutionalized Persons Act (42 U.S.C. 

4 1997e(e)) is amended by inserting before the period at the 

5 end the following: ‘‘or the commission of a sexual act (as 

6 defined in section 2246 of title 18, United States Code)’’. 

7 (b) UNITED STATES AS DEFENDANT.—Section 

8 1346(b)(2) of title 28, United States Code, is amended 

9 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 STAND13 ARDS.—Section 8 of the Prison Rape Elimination Act of 

14 2003 (42 U.S.C. 15607) is amended— 

15 (1) by redesignating subsection (c) as sub16 section (e); and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP20 ERATED BY THE DEPARTMENT OF HOMELAND SECU21 RITY.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of the Violence Against 

24 Women Reauthorization Act of 2011, the Secretary 

25 of Homeland Security shall publish a final rule 

26 adopting national standards for the detection, pre-
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1 vention, reduction, and punishment of rape and sex2 ual assault in facilities that maintain custody of 

3 aliens detained for a violation of the immigrations 

4 laws of the United States. 

5 ‘‘(2) APPLICABILITY.—The standards adopted 

6 under paragraph (1) shall apply to detention facili7 ties operated by the Department of Homeland Secu8 rity and to detention facilities operated under con9 tract with the Department. 

10 ‘‘(3) COMPLIANCE.—The Secretary of Home11 land Security shall— 

12 ‘‘(A) assess compliance with the standards 

13 adopted under paragraph (1) on a regular 

14 basis; and 

15 ‘‘(B) include the results of the assessments 

16 in performance evaluations of facilities com17 pleted by the Department of Homeland Secu18 rity. 

19 ‘‘(4) CONSIDERATIONS.—In adopting standards 

20 under paragraph (1), the Secretary of Homeland Se21 curity shall give due consideration to the rec22 ommended national standards provided by the Com23 mission under section 7(e). 

24 ‘‘(5) DEFINITION.—As used in this section, the 

25 term ‘detention facilities operated under contract 
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1 with the Department’ includes, but is not limited to 

2 contract detention facilities and detention facilities 

3 operated through an intergovernmental service 

4 agreement with the Department of Homeland Secu5 rity. 

6 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP7 ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN

8 SERVICES.— 

9 ‘‘(1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of the Violence Against 

11 Women Reauthorization Act of 2011, the Secretary 

12 of Health and Human Services shall publish a final 

13 rule adopting national standards for the detection, 

14 prevention, reduction, and punishment of rape and 

15 sexual assault in facilities that maintain custody of 

16 unaccompanied alien children (as defined in section 

17 462(g) of the Homeland Security Act of 2002 (6 

18 U.S.C. 279(g))). 

19 ‘‘(2) APPLICABILITY.—The standards adopted 

20 under paragraph (1) shall apply to facilities operated 

21 by the Department of Health and Human Services 

22 and to facilities operated under contract with the 

23 Department. 

24 ‘‘(3) COMPLIANCE.—The Secretary of Health 

25 and Human Services shall— 
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1 ‘‘(A) assess compliance with the standards 

2 adopted under paragraph (1) on a regular 

3 basis; and 

4 ‘‘(B) include the results of the assessments 

5 in performance evaluations of facilities com6 pleted by the Department of Health and 

7 Human Services. 

8 ‘‘(4) CONSIDERATIONS.—In adopting standards 

9 under paragraph (1), the Secretary of Health and 

10 Human Services shall give due consideration to the 

11 recommended national standards provided by the 

12 Commission under section 7(e).’’. 

13 SEC. 1003. ANONYMOUS ONLINE HARASSMENT. 

14 Section 223(a)(1) of the Communications Act of 

15 1934 (47 U.S.C. 223(a)(1)) is amended— 

16 (1) in subparagraph (A), in the undesignated 

17 matter following clause (ii), by striking ‘‘annoy,’’; 

18 (2) in subparagraph (C)— 

19 (A) by striking ‘‘annoy,’’; and 

20 (B) by striking ‘‘harass any person at the 

21 called number or who receives the communica22 tion’’ and inserting ‘‘harass any specific per23 son’’; and 

24 (3) in subparagraph (E), by striking ‘‘harass 

25 any person at the called number or who receives the 
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1 communication’’ and inserting ‘‘harass any specific 

2 person’’. 

3 SEC. 1004. STALKER DATABASE. 

4 Section 40603 of the Violence Against Women Act 

5 of 1994 (42 U.S.C. 14032) is amended by striking 

6 ‘‘$3,000,000’’ and all that follows and inserting 

7 ‘‘$3,000,000 for fiscal years 2012 through 2016.’’. 

8 SEC. 1005. FEDERAL VICTIM ASSISTANTS REAUTHORIZA9 TION. 

10 Section 40114 of the Violence Against Women Act 

11 of 1994 (Public Law 103–322; 108 Stat. 1910) is amend12 ed by striking ‘‘fiscal years 2007 through 2011’’ and in13 serting ‘‘fiscal years 2012 through 2016’’. 

14 SEC. 1006. CHILD ABUSE TRAINING PROGRAMS FOR JUDI15 CIAL PERSONNEL AND PRACTITIONERS RE16 AUTHORIZATION. 

17 Subtitle C of the Victims of Child Abuse Act of 1990 

18 (42 U.S.C. 13024) is amended in subsection (a) by strik19 ing ‘‘$2,300,000’’ and all that follows and inserting 

20 ‘‘$2,300,000 for each of fiscal years 2012 through 2016.’’. 

21 SEC. 1007. MANDATORY MINIMUM SENTENCE. 

22 Section 2241(a) of title 18, United States Code, is 

23 amended in the undesignated matter following paragraph 

24 (2), by striking ‘‘any term of years or life’’ and inserting 

25 ‘‘not less than 5 years or imprisoned for life’’. 
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1 SEC. 1008. REMOVAL OF DRUNK DRIVERS. 

2 (a) IN GENERAL.—Section 101(a)(43)(F) of the Im3 migration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) 

4 is amended by striking ‘‘for which the term of imprison5 ment’’ and inserting ‘‘, including a third drunk driving 

6 conviction, regardless of the States in which the convic7 tions occurred or whether the offenses are classified as 

8 misdemeanors or felonies under State or Federal law, for 

9 which the term of imprisonment is’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall— 

12 (1) take effect on the date of the enactment of 

13 this Act; and 

Passed the Senate April 26, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. 1925 

AN ACT 

To reauthorize the Violence Against Women Act of 

1994.