II 

Calendar No. 312 

112TH CONGRESS 

2D SESSION S. 1925 

To reauthorize the Violence Against Women Act of 1994. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 30, 2011 

Mr. LEAHY (for himself, Mr. CRAPO, Mr. KIRK, Mr. DURBIN, Mr. KOHL, Ms. 

KLOBUCHAR, Mr. BLUMENTHAL, Mrs. BOXER, Mr. FRANKEN, Mr. SCHUMER, Mr. WHITEHOUSE, Mr. KERRY, Mr. ROCKEFELLER, Mrs. SHAHEEN, Mrs. MURRAY, Mr. HARKIN, Ms. STABENOW, Mr. CASEY, Mrs. 

GILLIBRAND, Mr. REED, Mr. CARDIN, Mr. LAUTENBERG, Mr. LEVIN, 

Mr. SANDERS, Mrs. FEINSTEIN, Mr. COONS, Ms. MURKOWSKI, Mr. 

BEGICH, Mr. WYDEN, Ms. COLLINS, Ms. MIKULSKI, Mr. BROWN of Massachusetts, Mr. BINGAMAN, Ms. CANTWELL, Ms. LANDRIEU, Mr. 

MENENDEZ, Mrs. HAGAN, Mr. JOHNSON of South Dakota, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

FEBRUARY 7, 2012 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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 2011’’. 

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. 

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. Grant for training and services to end violence against women in later 

life. 

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 301. Rape prevention 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. Employment authorization. 

Sec. 808. Protections for a fianc ́ee or fianc ́e of a citizen. 

Sec. 809. Regulation of international marriage brokers. 

Sec. 810. Eligibility of crime and trafficking victims in the Commonwealth of 

the Northern Mariana Islands to adjust status. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Grants to Indian tribal governments. 

Sec. 902. Grants to Indian tribal coalitions. 

Sec. 903. Consultation. 

Sec. 904. Tribal jurisdiction over crimes of domestic violence. 

Sec. 905. Tribal protection orders. 

Sec. 906. Amendments to the Federal assault statute. 

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

Sec. 908. Effective dates; pilot project. 

TITLE X—OTHER MATTERS 

Sec. 1001. Criminal provisions relating to sexual abuse. 

Sec. 1002. Sexual abuse in custodial settings. 


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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 (4); 

8 (C) paragraphs (3) through (5) as para9 graphs (5) through (7), respectively; 

10 (D) paragraphs (6) through (9) as para11 graphs (10) through (13), respectively; 

12 (E) paragraphs (10) through (16) as para13 graphs (15) through (21), respectively; 

14 (F) paragraph (18) as paragraph (22); 

15 (G) paragraphs (19) and (20) as para16 graphs (25) and (26), respectively; 

17 (H) paragraphs (21) and (22) as para18 graphs (28) and (29), respectively; 

19 (I) paragraphs (23) through (33) as para20 graphs (31) through (41), respectively; 

21 (J) paragraphs (34) and (35) as para22 graphs (43) and (44); and 

23 (K) paragraph (37) as paragraph (47); 

24 (2) by inserting before paragraph (2), as redes25 ignated, the following: 


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

2 ‘Alaska Native village’ has the same meaning given 

3 such term in the Alaska Native Claims Settlement 

4 Act (43 U.S.C. 1601 et seq.).’’; 

5 (3) by inserting after paragraph (2), as redesig6 nated, the following: 

7 ‘‘(2) CHILD.—The term ‘child’ means a person 

8 who is under 11 years of age.’’; 

9 (4) in paragraph (4), as redesignated, by strik10 ing ‘‘serious harm.’’ and inserting ‘‘serious harm to 

11 unemancipated minor.’’; 

12 (5) in paragraph (5), as redesignated, by strik13 ing ‘‘The term’’ through ‘‘that—’’ and inserting 

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

15 nonprofit, nongovernmental, or tribal organization 

16 that serves a specific geographic community that— 

17 ’’; 

18 (6) by inserting after paragraph (7), as redesig19 nated, the following: 

20 ‘‘(8) CULTURALLY SPECIFIC SERVICES.—The 

21 term ‘culturally specific services’ means community22 based services that offer culturally relevant and lin23 guistically specific services and resources to cul24 turally specific communities. 


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1 ‘‘(9) CULTURALLY SPECIFIC.—The term ‘cul2 turally specific’ means primarily directed toward ra3 cial and ethnic minority groups (as defined in sec4 tion 1707(g) of the Public Health Service Act (42 

5 U.S.C. 300–u–6(g)).’’; 

6 (7) in paragraph (10), as redesignated, by in7 serting ‘‘or intimate partner’’ after ‘‘former spouse’’ 

8 and ‘‘as a spouse’’; 

9 (8) by inserting after paragraph (13), as redes10 ignated, the following: 

11 ‘‘(14) HOMELESS.—The term ‘homeless’ has 

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

13 (9) in paragraph (21), as redesignated, by in14 serting at the end the following: 

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

16 legal assistance.’’; 

17 (10) by striking paragraph (17), as in effect be18 fore the amendments made by this subsection; 

19 (11) by amending paragraph (22), as redesig20 nated, to read as follows: 

21 ‘‘(22) PERSONALLY IDENTIFYING INFORMATION

22 OR PERSONAL INFORMATION.—The term ‘personally 

23 identifying information’ or ‘personal information’ 

24 means individually identifying information for or 

25 about an individual including information likely to 


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1 disclose the location of a victim of domestic violence, 

2 dating violence, sexual assault, or stalking, regard3 less of whether the information is encoded, 

4 encrypted, hashed, or otherwise protected, includ5 ing— 

6 ‘‘(A) a first and last name; 

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

8 ‘‘(C) contact information (including a post9 al, e-mail or Internet protocol address, or tele10 phone or facsimile number); 

11 ‘‘(D) a social security number, driver li12 cense number, passport number, or student 

13 identification number; and 

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

15 of birth, racial or ethnic background, or reli16 gious affiliation, that would serve to identify 

17 any individual.’’; 

18 (12) by inserting after paragraph (22), as re19 designated, the following: 

20 ‘‘(23) POPULATION SPECIFIC ORGANIZATION.— 

21 The term ‘population specific organization’ means a 

22 nonprofit, nongovernmental organization that pri23 marily serves members of a specific underserved 

24 population and has demonstrated experience and exVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 pertise providing targeted services to members of 

2 that specific underserved population. 

3 ‘‘(24) POPULATION SPECIFIC SERVICES.—The 

4 term ‘population specific services’ means victim-cen5 tered services that address the safety, health, eco6 nomic, legal, housing, workplace, immigration, con7 fidentiality, or other needs of victims of domestic vi8 olence, dating violence, sexual assault, or stalking, 

9 and that are designed primarily for and are targeted 

10 to a specific underserved population.’’; 

11 (13) in paragraph (25), as redesignated, by 

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

13 (14) by inserting after paragraph (26), as re14 designated, the following: 

15 ‘‘(27) RAPE CRISIS CENTER.—The term ‘rape 

16 crisis center’ means a nonprofit, nongovernmental, 

17 or tribal organization, or governmental entity in a 

18 State other than a Territory that provides interven19 tion and related assistance, as specified in 42 U.S.C. 

20 14043g(b)(2)(C), to victims of sexual assault with21 out regard to their age. In the case of a govern22 mental entity, the entity may not be part of the 

23 criminal justice system (such as a law enforcement 

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


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1 of confidentiality as a nonprofit entity that provides 

2 similar victim services.’’; 

3 (15) in paragraph (28), as redesignated— 

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

5 after the semicolon; 

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

7 period and inserting ‘‘; or’’; and 

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

9 ‘‘(C) any federally recognized Indian 

10 tribe.’’; 

11 (16) in paragraph (29), as redesignated, by 

12 striking ‘‘150,000’’ and inserting ‘‘250,000’’; 

13 (17) by inserting after paragraph (29), as re14 designated, the following: 

15 ‘‘(30) SEX TRAFFICKING.—The term ‘sex traf16 ficking’ means any conduct proscribed by 18 U.S.C. 

17 1591, whether or not the conduct occurs in inter18 state or foreign commerce or within the special mar19 itime and territorial jurisdiction of the United 

20 States.’’; 

21 (18) by striking paragraph (31), as redesig22 nated, and inserting the following: 

23 ‘‘(31) SEXUAL ASSAULT.—The term ‘sexual as24 sault’ means any nonconsensual sexual act proVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 scribed by Federal, tribal, or State law, including 

2 when the victim lacks capacity to consent.’’; 

3 (19) by amending paragraph (41), as redesig4 nated, to read as follows: 

5 ‘‘(41) UNDERSERVED POPULATIONS.—The 

6 term ‘underserved populations’ means populations 

7 who face barriers in accessing and using victim serv8 ices, and includes populations underserved because 

9 of geographic location, sexual orientation, gender 

10 identity, underserved racial and ethnic populations, 

11 populations underserved because of special needs 

12 (such as language barriers, disabilities, alienage sta13 tus, or age), and any other population determined to 

14 be underserved by the Attorney General or by the 

15 Secretary of Health and Human Services, as appro16 priate.’’; 

17 (20) by inserting after paragraph (41), as re18 designated, the following: 

19 ‘‘(42) UNIT OF LOCAL GOVERNMENT.—The 

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

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

22 other general purpose political subdivision of a 

23 State.’’; 


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1 (21) by striking paragraph (36), as in effect be2 fore the amendments made by this subsection, and 

3 inserting the following: 

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

5 terms ‘victim services’ and ‘services’ mean 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 ‘‘(46) 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 domestic violence, dating violence, sexual as21 sault, or stalking victims, including domestic violence 

22 shelters, faith-based organizations, and other organi23 zations, with a documented history of effective work 

24 concerning domestic violence, dating violence, sexual 

25 assault, or stalking.’’; and 


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1 (22) by striking paragraph (47), as redesig2 nated, and inserting the following: 

3 ‘‘(47) 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 by law, where specifically 

10 mandated by 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 informa23 tion to Federal, State, local, tribal, and territorial 

24 public officials and agencies to develop and imple25 ment policies and develop and promote State, local, 


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1 or tribal legislation or model codes designed to re2 duce or eliminate domestic violence, dating violence, 

3 sexual 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 gender segregation 

17 or gender-specific programming is necessary to 

18 the essential operation of a program, nothing in 

19 this paragraph shall prevent any such program 

20 or activity from consideration of an individual’s 

21 gender. In such circumstances, alternative rea22 sonable accommodations are sufficient to meet 

23 the requirements of this paragraph. 

24 ‘‘(C) DISCRIMINATION.—The provisions of 

25 paragraphs (2) through (4) of section 809(c) of 


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1 the Omnibus Crime Control and Safe Streets 

2 Act of 1968 (42 U.S.C. 3789d(c)) apply to vio3 lations of subparagraph (A). 

4 ‘‘(D) CONSTRUCTION.—Nothing contained 

5 in this paragraph shall be construed, inter6 preted, or applied to supplant, displace, pre7 empt, or otherwise diminish the responsibilities 

8 and liabilities under other State or Federal civil 

9 rights law, whether statutory or common. 

10 ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND

11 LEGAL ASSISTANCE.—Victim services and legal as12 sistance provided under this title may include serv13 ices and assistance to victims of domestic violence, 

14 dating violence, sexual assault, or stalking who are 

15 also victims of severe forms of trafficking in persons 

16 as defined by section 103 of the Trafficking Victims 

17 Protection Act of 2000 (22 U.S.C. 7102). 

18 ‘‘(15) CONFERRAL.— 

19 ‘‘(A) IN GENERAL.—The Office on Vio20 lence Against Women shall establish a biennial 

21 conferral process with State and tribal coali22 tions and technical assistance providers who re23 ceive funding through grants administered by 

24 the Office on Violence Against Women and auVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 thorized by this Act, and other key stake2 holders. 

3 ‘‘(B) AREAS COVERED.—The areas of con4 ferral under this paragraph shall include— 

5 ‘‘(i) the administration of grants; 

6 ‘‘(ii) unmet needs; 

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

8 and 

9 ‘‘(iv) emerging trends. 

10 ‘‘(C) INITIAL CONFERRAL.—The first con11 ferral shall be initiated not later than 6 months 

12 after the date of enactment of the Violence 

13 Against Women Reauthorization Act of 2011. 

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

15 after the conclusion of each conferral period, 

16 the Office on Violence Against Women shall 

17 publish a comprehensive report that— 

18 ‘‘(i) summarizes the issues presented 

19 during conferral and what, if any, policies 

20 it intends to implement to address those 

21 issues; and 

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

23 the Office on Violence Against Women’s 

24 website and submitted to the Committee 

25 on the Judiciary of the Senate and the 


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1 Committee on the Judiciary of the House 

2 of Representatives. 

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

4 by the Attorney General under this Act shall be sub5 ject to the following accountability provisions: 

6 ‘‘(A) AUDIT REQUIREMENT.— 

7 ‘‘(i) IN GENERAL.—Beginning in the 

8 first fiscal year beginning after the date of 

9 the enactment of this Act, and in each fis10 cal year thereafter, the Inspector General 

11 of the Department of Justice shall conduct 

12 audits of recipients of grants under this 

13 Act to prevent waste, fraud, and abuse of 

14 funds by grantees. The Inspector General 

15 shall determine the appropriate number of 

16 grantees to be audited each year. 

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

18 the term ‘unresolved audit finding’ means 

19 a finding in the final audit report of the 

20 Inspector General of the Department of 

21 Justice that the audited grantee has uti22 lized grant funds for an unauthorized ex23 penditure or otherwise unallowable cost 

24 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 paragraph (1). 

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.’’. 


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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 


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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 

25 violence, dating violence, and stalking’’; 


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1 (iii) by striking ‘‘sexual assault and 

2 domestic violence’’ and inserting ‘‘domestic 

3 violence, dating violence, sexual assault, 

4 and stalking’’; and 

5 (iv) by striking ‘‘including crimes’’ 

6 and all that follows and inserting ‘‘includ7 ing crimes of domestic violence, dating vio8 lence, sexual assault, and stalking;’’; 

9 (G) by striking paragraph (6) and redesig10 nating paragraphs (7) through (14) as para11 graphs (6) through (13), respectively; 

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

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

14 and domestic violence’’ and inserting ‘‘domestic 

15 violence, dating violence, sexual assault, and 

16 stalking’’; 

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

18 subparagraph (G), by striking ‘‘and dating vio19 lence’’ and inserting ‘‘dating violence, and 

20 stalking’’; 

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

22 subparagraph (G), by striking ‘‘domestic vio23 lence or sexual assault’’ and inserting ‘‘domestic 

24 violence, dating violence, sexual assault, or 

25 stalking’’; 


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

2 subparagraph (G)— 

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

4 ‘‘triage protocols to ensure that dangerous 

5 or potentially lethal cases are identified 

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

7 evidence-based indicators to assess the risk 

8 of domestic and dating violence homicide 

9 and prioritize dangerous or potentially le10 thal cases’’; and 

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

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

13 subparagraph (G)— 

14 (i) by striking ‘‘to provide’’ and in15 serting ‘‘providing’’; 

16 (ii) by striking ‘‘nonprofit nongovern17 mental’’; 

18 (iii) by striking the comma after 

19 ‘‘local governments’’; and 

20 (iv) by striking the period at the end 

21 and inserting a semicolon; 

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

23 redesignated by subparagraph (G), the fol24 lowing: 


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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 stalkVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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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.’’; and 

11 (N) in the flush text at the end, by strik12 ing ‘‘paragraph (14)’’ and inserting ‘‘paragraph 

13 (13)’’; 

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

15 (A) in subsection (a), by striking ‘‘non16 profit nongovernmental victim service pro17 grams’’ and inserting ‘‘victim service pro18 viders’’; 

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

20 including populations of Indian tribes)’’; 

21 (C) in subsection (c)— 

22 (i) by striking paragraph (2) and in23 serting the following: 


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

2 plan for implementation and shall consult and co3 ordinate with— 

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

5 ‘‘(B) the State domestic violence coalition; 

6 ‘‘(C) the law enforcement entities within 

7 the State; 

8 ‘‘(D) prosecution offices; 

9 ‘‘(E) State and local courts; 

10 ‘‘(F) Tribal governments in those States 

11 with State or federally recognized Indian tribes; 

12 ‘‘(G) representatives from underserved 

13 populations; 

14 ‘‘(H) victim service providers; 

15 ‘‘(I) population specific organizations; and 

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

17 Attorney General identifies as needed for the 

18 planning process;’’; 

19 (ii) by striking paragraph (4); 

20 (iii) by redesignating paragraph (3) as 

21 paragraph (4); 

22 (iv) by inserting after paragraph (2), 

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

24 ‘‘(3) grantees shall coordinate the State imple25 mentation plan described in paragraph (2) with the 


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1 State plans described in section 307 of the Family 

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

3 10407) and the plans described in the Victims of 

4 Crime Act of 1984 (42 U.S.C. 10601 et seq.) and 

5 section 393A of the Public Health Service Act (42 

6 U.S.C. 280b–1b).’’; 

7 (v) in paragraph (4), as redesignated 

8 by clause (ii)— 

9 (I) in subparagraph (A), by strik10 ing ‘‘and not less than 25 percent 

11 shall be allocated for prosecutors’’; 

12 (II) by redesignating subpara13 graphs (B) and (C) as subparagraphs 

14 (C) and (D); 

15 (III) by inserting after subpara16 graph (A), the following: 

17 ‘‘(B) not less than 25 percent shall be allo18 cated for prosecutors;’’; 

19 (IV) in subparagraph (C), as re20 designated by subclause (II), by strik21 ing ‘‘culturally specific community 

22 based’’ and inserting ‘‘population spe23 cific’’; and 


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1 (V) in subparagraph (D) as re2 designated by subclause (II) by strik3 ing ‘‘for’’ and inserting ‘‘to’’; and 

4 (vi) by adding at the end the fol5 lowing: 

6 ‘‘(5) not later than 3 years after the date of en7 actment of this Act, and every year thereafter, not 

8 less than 25 percent of the total amount granted to 

9 a State under this subchapter shall be allocated for 

10 programs or projects that meaningfully address sex11 ual assault, including stranger rape, acquaintance 

12 rape, alcohol or drug-facilitated rape, and rape with13 in the context of an intimate partner relationship.’’; 

14 (D) by striking subsection (d) and insert15 ing the following: 

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

17 for a grant under this section shall include— 

18 ‘‘(1) the certifications of qualification required 

19 under subsection (c); 

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

21 for the payment of forensic medical exams and judi22 cial notification, described in section 2010; 

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

24 for paying fees and costs relating to domestic vioVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 lence and protection order cases, described in section 

2 2011 of this title; 

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

4 prohibiting polygraph examinations of victims of sex5 ual assault, described in section 2013 of this title; 

6 ‘‘(5) an implementation plan required under 

7 subsection (i); and 

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

9 General may require.’’; 

10 (E) in subsection (e)— 

11 (i) in paragraph (2)— 

12 (I) in subparagraph (A), by strik13 ing ‘‘domestic violence and sexual as14 sault’’ and inserting ‘‘domestic vio15 lence, dating violence, sexual assault, 

16 and stalking’’; and 

17 (II) in subparagraph (D), by 

18 striking ‘‘linguistically and culturally’’ 

19 and inserting ‘‘population’’; and 

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

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

23 this part, the Attorney General may impose reason24 able conditions on grant awards to ensure that the 


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1 States meet statutory, regulatory, and other pro2 grams requirements.’’; 

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

4 at the end and inserting ‘‘, except that, for pur5 poses of this subsection, the costs of the 

6 projects for victim services or tribes for which 

7 there is an exemption under section 

8 40002(b)(1) of the Violence Against Women 

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

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

11 and 

12 (G) by adding at the end the following: 

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

14 a grant under this part shall— 

15 ‘‘(1) develop an implementation plan in con16 sultation with the entities listed in subsection (c)(2), 

17 that identifies how the State will use the funds 

18 awarded under this part; and 

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

20 ‘‘(A) the implementation plan developed 

21 under paragraph (1); 

22 ‘‘(B) documentation from each member of 

23 the planning committee as to their participation 

24 in the planning process; 


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1 ‘‘(C) documentation from the prosecution, 

2 law enforcement, court, and victim services pro3 grams to be assisted, describing— 

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

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

6 funds; 

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

8 funds; and 

9 ‘‘(iv) the demographic characteristics 

10 of the populations to be served, including 

11 age, disability, race, ethnicity, and lan12 guage background; 

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

14 ensure that any subgrantees will consult with 

15 victim service providers during the course of de16 veloping their grant applications in order to en17 sure that the proposed activities are designed to 

18 promote the safety, confidentiality, and eco19 nomic independence of victims; 

20 ‘‘(E) demographic data on the distribution 

21 of underserved populations within the State and 

22 a description of how the State will meet the 

23 needs of underserved populations, including the 

24 minimum allocation for population specific serv25 ices required under subsection (c)(4)(C); 


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

2 to meet the requirements of subsection (c)(5); 

3 ‘‘(G) goals and objectives for reducing do4 mestic violence-related homicides within the 

5 State; and 

6 ‘‘(H) any other information requested by 

7 the Attorney General. 

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

9 any returned or remaining funds for any authorized pur10 pose under this part if— 

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

12 part are returned to the State; or 

13 ‘‘(2) the State does not receive sufficient eligi14 ble applications to award the full funding within the 

15 allocations in subparagraphs (A) through (d) of sub16 section (c)(3),’’; 

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

18 (A) in subsection (a), by striking para19 graph (1) and inserting the following: 

20 ‘‘(1) IN GENERAL.—A State, Indian tribal gov21 ernment, or unit of local government shall not be en22 titled to funds under this subchapter unless the 

23 State, Indian tribal government, unit of local govern24 ment, or another governmental entity— 


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

2 forensic medical exams described in subsection 

3 (b) for victims of sexual assault; and 

4 ‘‘(B) coordinates with health care providers 

5 in the region to notify victims of sexual assault 

6 of the availability of rape exams at no cost to 

7 the victims.’’; 

8 (B) in subsection (b)— 

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

10 after the semicolon; 

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

12 or’’ and inserting a period; and 

13 (iii) by striking paragraph (3); 

14 (C) in subsection (c), by striking ‘‘, except 

15 that such funds’’ and all that follows and in16 serting a period; and 

17 (D) by amended subsection (d) to read as 

18 follows: 

19 ‘‘(d) NONCOOPERATION.— 

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

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

22 unit of local government shall comply with sub23 section (b) without regard to whether the victim par24 ticipates in the criminal justice system or cooperates 

25 with law enforcement. 


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

2 and Indian tribal governments shall have 3 years 

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

4 compliance with this subsection.’’; and 

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

6 5(a)(1))— 

7 (A) by inserting ‘‘modification, enforce8 ment, dismissal,’’ after ‘‘registration,’’ each 

9 place it appears; and 

10 (B) by striking ‘‘domestic violence’’ and all 

11 that follows through ‘‘sexual assault’’ and in12 serting ‘‘domestic violence, dating violence, sex13 ual assault, or stalking’’. 

14 SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND 

15 ENFORCEMENT OF PROTECTION ORDERS. 

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

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

18 3796hh et seq.) is amended— 

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

20 (A) in subsection (b)— 

21 (i) in the matter preceding paragraph 

22 (1), by striking ‘‘States,’’ and all that fol23 lows through ‘‘units of local government’’ 

24 and inserting ‘‘grantees’’; 


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

2 ‘‘and enforcement of protection orders 

3 across State and tribal lines’’ before the 

4 period; 

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

6 ‘‘and training in police departments to im7 prove tracking of cases’’ and inserting 

8 ‘‘data collection systems, and training in 

9 police departments to improve tracking of 

10 cases and classification of complaints’’; 

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

12 ‘‘and provide the appropriate training and 

13 education about domestic violence, dating 

14 violence, sexual assault, and stalking’’ after 

15 ‘‘computer tracking systems’’; 

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

17 ‘‘and other victim services’’ after ‘‘legal ad18 vocacy service programs’’; 

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

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

21 tribal, territorial, and local judges, courts, 

22 and court-based and court-related per23 sonnel’’; 


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

2 ‘‘and sexual assault’’ and inserting ‘‘dating 

3 violence, sexual assault, and stalking’’; 

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

5 ‘‘non-profit, non-governmental victim serv6 ices organizations,’’ and inserting ‘‘victim 

7 service providers, population specific orga8 nizations,’’; and 

9 (ix) by adding at the end the fol10 lowing: 

11 ‘‘(14) To develop and implement training pro12 grams for prosecutors and other prosecution-related 

13 personnel regarding best practices to ensure offender 

14 accountability, victim safety, and victim consultation 

15 in cases involving domestic violence, dating violence, 

16 sexual assault, and stalking. 

17 ‘‘(15) To develop or strengthen policies, proto18 cols, and training for law enforcement officers, pros19 ecutors, and the judiciary in recognizing, inves20 tigating, and prosecuting instances of domestic vio21 lence, dating violence, sexual assault, and stalking 

22 against immigrant victims, including the appropriate 

23 use of applications for nonimmigrant status under 

24 subparagraphs (T) and (U) of section 101(a)(15) of 


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1 the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(15)). 

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

4 tribal legislation and policies that enhance best prac5 tices for responding to the crimes of domestic vio6 lence, dating violence, sexual assault, and stalking, 

7 including the appropriate treatment of victims. 

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

9 assault nurse examiner programs or sexual assault 

10 forensic examiner programs, including the hiring 

11 and training of such examiners. 

12 ‘‘(18) To develop, implement, or enhance Sex13 ual Assault Response Teams or similar coordinated 

14 community responses to sexual assault. 

15 ‘‘(19) To develop and strengthen policies, proto16 cols, and training for law enforcement officers and 

17 prosecutors regarding the investigation and prosecu18 tion of sexual assault cases and the appropriate 

19 treatment of victims. 

20 ‘‘(20) To provide human immunodeficiency 

21 virus testing programs, counseling, and prophylaxis 

22 for victims of sexual assault. 

23 ‘‘(21) To identify and inventory backlogs of sex24 ual assault evidence collection kits and to develop 

25 protocols for responding to and addressing such 


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1 backlogs, including policies and protocols for noti2 fying and involving victims. 

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

4 teams focusing on reducing domestic violence and 

5 dating violence homicides by— 

6 ‘‘(A) using evidence-based indicators to as7 sess the risk of homicide and link high-risk vic8 tims to immediate crisis intervention services; 

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

10 offenders; and 

11 ‘‘(C) providing ongoing victim advocacy 

12 and referrals to comprehensive services includ13 ing legal, housing, health care, and economic 

14 assistance.’’; 

15 (B) in subsection (c)— 

16 (i) in paragraph (1)— 

17 (I) in the matter preceding sub18 paragraph (A), by inserting ‘‘except 

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

20 (II) by redesignating subpara21 graphs (A) and (B) as clauses (i) and 

22 (ii), and adjusting the margin accord23 ingly; 


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

2 ‘‘except for a court,’’ before ‘‘dem3 onstrate’’; 

4 (iii) in paragraph (4)— 

5 (I) by inserting ‘‘modification, 

6 enforcement, dismissal,’’ after ‘‘reg7 istration,’’ each place it appears; 

8 (II) by inserting ‘‘dating vio9 lence,’’ after ‘‘domestic violence,’’; and 

10 (III) by striking ‘‘and’’ at the 

11 end; 

12 (iv) in paragraph (5)— 

13 (I) in the matter preceding sub14 paragraph (A), by striking ‘‘, not later 

15 than 3 years after the date of enact16 ment of this section,’’; 

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

18 sentencing for’’ after ‘‘investigation 

19 of’’ each place it appears; 

20 (III) by redesignating subpara21 graphs (A) and (B) as clauses (i) and 

22 (ii), and adjusting the margin accord23 ingly; 

24 (IV) in clause (ii), as redesig25 nated by subclause (III) of this 


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1 clause, by striking ‘‘subparagraph 

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

3 (V) by striking the period at the 

4 end and inserting ‘‘; and’’; 

5 (v) by redesignating paragraphs (1) 

6 through (5), as amended by this subpara7 graph, as subparagraphs (A) through (E), 

8 respectively; 

9 (vi) in the matter preceding subpara10 graph (A), as redesignated by clause (v) of 

11 this subparagraph— 

12 (I) by striking the comma that 

13 immediately follows another comma; 

14 and 

15 (II) by striking ‘‘grantees are 

16 States’’ and inserting the following: 

17 ‘‘grantees are— 

18 ‘‘(1) States’’; and 

19 (vii) by adding at the end the fol20 lowing: 

21 ‘‘(2) a State, tribal, or territorial domestic vio22 lence or sexual assault coalition or a victim service 

23 provider that partners with a State, Indian tribal 

24 government, or unit of local government that cer25 tifies that the State, Indian tribal government, or 


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1 unit of local government meets the requirements 

2 under paragraph (1).’’; 

3 (C) in subsection (d)— 

4 (i) in paragraph (1)— 

5 (I) in the matter preceding sub6 paragraph (A), by inserting ‘‘, policy,’’ 

7 after ‘‘law’’; and 

8 (II) in subparagraph (A), by in9 serting ‘‘and the defendant is in cus10 tody or has been served with the in11 formation or indictment’’ before the 

12 semicolon; and 

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

14 and inserting ‘‘its’’; and 

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

16 ‘‘(f) ALLOCATION FOR SEXUAL ASSAULT.—Of the 

17 amounts appropriated for purposes of this part for each 

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

19 projects that address sexual assault, including stranger 

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

21 and rape within the context of an intimate partner rela22 tionship.’’; and 

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

24 1(a))— 


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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 ‘‘$70,000,000 

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’’; 


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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 or advocacy to victims of 


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1 domestic violence, dating violence, sexual as2 sault, or stalking 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 


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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. COURT TRAINING AND SUPERVISED VISITATION 

5 IMPROVEMENTS. 

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 

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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 (including custody evaluators and guardians 

5 ad litem) and child protective services workers on 

6 the dynamics of domestic violence, dating violence, 

7 sexual assault, and stalking, including information 

8 on perpetrator behavior, evidence-based risk factors 

9 for domestic and dating violence homicide, and on 

10 issues relating to the needs of victims, including 

11 safety, security, privacy, and confidentiality, includ12 ing cases in which the victim proceeds pro se; 

13 ‘‘(4) provide appropriate resources in juvenile 

14 court matters to respond to dating violence, domestic 

15 violence, sexual assault (including child sexual 

16 abuse), and stalking and ensure necessary services 

17 dealing with the health and mental health of victims 

18 are available; 

19 ‘‘(5) enable courts or court-based or court-re20 lated programs to develop or enhance— 

21 ‘‘(A) court infrastructure (such as special22 ized courts, consolidated courts, dockets, intake 

23 centers, or interpreter services); 

24 ‘‘(B) community-based initiatives within 

25 the court system (such as court watch proVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 grams, victim assistants, pro se victim assist2 ance programs, or community-based supple3 mentary services); 

4 ‘‘(C) offender management, monitoring, 

5 and accountability programs; 

6 ‘‘(D) safe and confidential information7 storage and information-sharing databases 

8 within and between court systems; 

9 ‘‘(E) education and outreach programs to 

10 improve community access, including enhanced 

11 access for underserved populations; and 

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

13 responses to domestic violence, dating violence, 

14 sexual assault, and stalking; 

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

16 services, including legal information and resources in 

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

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

19 ‘‘(B) nonoffending parents in matters— 

20 ‘‘(i) that involve allegations of child 

21 sexual abuse; 

22 ‘‘(ii) that relate to family matters, in23 cluding civil protection orders, custody, 

24 and divorce; and 


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1 ‘‘(iii) in which the other parent is rep2 resented by counsel; 

3 ‘‘(7) collect data and provide training and tech4 nical assistance, including developing State, local, 

5 and tribal model codes and policies, to improve the 

6 capacity of grantees and communities to address the 

7 civil justice needs of victims of domestic violence, 

8 dating violence, sexual assault, and stalking who 

9 have legal representation, who are proceeding pro se, 

10 or are proceeding with the assistance of a legal advo11 cate; and 

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

13 judges, judicial personnel, attorneys, child welfare 

14 personnel, and legal advocates in the civil justice 

15 system. 

16 ‘‘(c) CONSIDERATIONS.— 

17 ‘‘(1) IN GENERAL.—In making grants for pur18 poses described in paragraphs (1) through (7) of 

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

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

21 by the proposed programs and services; 

22 ‘‘(B) the extent to which the proposed pro23 grams and services serve underserved popu24 lations; 


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

2 demonstrates cooperation and collaboration 

3 with nonprofit, nongovernmental entities in the 

4 local community with demonstrated histories of 

5 effective work on domestic violence, dating vio6 lence, sexual assault, or stalking, including 

7 State or tribal domestic violence coalitions, 

8 State or tribal sexual assault coalitions, local 

9 shelters, and programs for domestic violence 

10 and sexual assault victims; and 

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

12 demonstrates coordination and collaboration 

13 with State, tribal, and local court systems, in14 cluding mechanisms for communication and re15 ferral. 

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

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

18 into account the extent to which the grantee has ex19 pertise addressing the judicial system’s handling of 

20 family violence, child custody, child abuse and ne21 glect, adoption, foster care, supervised visitation, di22 vorce, and parentage. 

23 ‘‘(d) APPLICANT REQUIREMENTS.—The Attorney 

24 General may make a grant under this section to an appli25 cant that— 


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1 ‘‘(1) demonstrates expertise in the areas of do2 mestic violence, dating violence, sexual assault, 

3 stalking, or child sexual abuse, as appropriate; 

4 ‘‘(2) ensures that any fees charged to individ5 uals for use of supervised visitation programs and 

6 services are based on the income of those individ7 uals, unless otherwise provided by court order; 

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

9 victims of domestic violence, dating violence, sexual 

10 assault, or stalking are not charged fees or any 

11 other costs related to the filing, petitioning, modi12 fying, issuance, registration, enforcement, with13 drawal, or dismissal of matters relating to the do14 mestic violence, dating violence, sexual assault, or 

15 stalking; 

16 ‘‘(4) demonstrates that adequate security meas17 ures, including adequate facilities, procedures, and 

18 personnel capable of preventing violence, and ade19 quate standards are, or will be, in place (including 

20 the development of protocols or policies to ensure 

21 that confidential information is not shared with 

22 courts, law enforcement agencies, or child welfare 

23 agencies unless necessary to ensure the safety of any 

24 child or adult using the services of a program fund25 ed under this section), if the applicant proposes to 


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1 operate supervised visitation programs and services 

2 or safe visitation exchange; 

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

4 the applicant do not require mediation or counseling 

5 involving offenders and victims being physically 

6 present in the same place, in cases where domestic 

7 violence, dating violence, sexual assault, or stalking 

8 is alleged; 

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

10 assistance through a program funded under this sec11 tion has completed or will complete training on do12 mestic violence, dating violence, sexual assault, and 

13 stalking, including child sexual abuse, and related 

14 legal issues; and 

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

16 evaluation or guardian ad litem services through a 

17 program funded under this section has completed or 

18 will complete training developed with input from and 

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

20 local domestic violence, dating violence, sexual as21 sault, or stalking organization or coalition on the dy22 namics of domestic violence and sexual assault, in23 cluding child sexual abuse, that includes training on 

24 how to review evidence of past abuse and the use of 


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1 evidenced-based theories to make recommendations 

2 on custody and visitation. 

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

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

5 $22,000,000 for each of fiscal years 2012 through 2016. 

6 Amounts appropriated pursuant to this subsection shall 

7 remain available until expended. 

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

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

10 the total amount available under this section for 

11 each fiscal year shall be available for grants under 

12 the program authorized by section 3796gg–10 of 

13 this title. 

14 ‘‘(2) APPLICABILITY OF PART.—The require15 ments of this section shall not apply to funds allo16 cated for the program described in paragraph (1).’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 Subtitle J of the Violence Against Women Act of 1994 

19 (42 U.S.C. 14043 et seq.) is repealed. 

20 SEC. 105. SEX OFFENDER MANAGEMENT. 

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

22 of 1994 (42 U.S.C. 13941) is amended by striking 

23 ‘‘$5,000,000’’ and all that follows and inserting 

24 ‘‘$5,000,000 for each of fiscal years 2012 through 2016.’’. 


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1 SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PRO2 GRAM. 

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

4 (42 U.S.C. 13011 et seq.) is amended— 

5 (1) in section 216 (42 U.S.C. 13012), by strik6 ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

7 2015’’; 

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

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

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

11 and 

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

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

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

15 the Administrator a report regarding the use of the grant 

16 for the fiscal year, including a discussion of outcome per17 formance measures (which shall be established by the Ad18 ministrator) to determine the effectiveness of the pro19 grams of the organization in meeting the needs of children 

20 in the child welfare system.’’; and 

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

22 striking ‘‘fiscal years 2007 through 2011’’ and in23 serting ‘‘fiscal years 2012 through 2016’’. 


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1 SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, 

2 INCLUDING CYBERSTALKING. 

3 Section 2261A of title 18, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 2261A. Stalking 

6 ‘‘Whoever— 

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

8 or is present within the special maritime and terri9 torial jurisdiction of the United States, or enters or 

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

11 harass, intimidate, or place under surveillance with 

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

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

14 travel or presence engages in conduct that— 

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

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

17 ‘‘(i) that person; 

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

19 defined in section 115) of that person; or 

20 ‘‘(iii) a spouse or intimate partner of 

21 that person; or 

22 ‘‘(B) causes or attempts to cause or would 

23 be reasonably expected to cause substantial 

24 emotional distress to a person described in 

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


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1 ‘‘(2) with the intent to kill, injure, harass, in2 timidate, or place under surveillance with intent to 

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

4 uses the mail, any interactive computer service or 

5 electronic communication service or electronic com6 munication system of interstate commerce, or any 

7 other facility of interstate or foreign commerce to 

8 engage in a course of conduct that— 

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

10 of the death of or serious bodily injury to a per11 son described in clause (i), (ii), or (iii) of para12 graph (1)(A); or 

13 ‘‘(B) causes or attempts to cause or would 

14 be reasonably expected to cause substantial 

15 emotional distress to a person described in 

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

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

18 this title.’’. 

19 SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED 

20 POPULATIONS GRANT. 

21 Section 120 of the Violence Against Women and De22 partment of Justice Reauthorization Act of 2005 (42 

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


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1 ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UN2 DERSERVED POPULATIONS. 

3 ‘‘(a) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—Of the amounts appro5 priated under the grant programs identified in para6 graph (2), the Attorney General shall take 2 percent 

7 of such appropriated amounts and combine them to 

8 award grants to eligible entities described in sub9 section (b) of this section to develop and implement 

10 outreach strategies targeted at adult, or youth, vic11 tims of domestic violence, dating violence, sexual as12 sault, or stalking in underserved populations and to 

13 provide victim services to meet the needs of adult 

14 and youth victims of domestic violence, dating vio15 lence, sexual assault, and stalking in underserved 

16 populations. The requirements of the grant pro17 grams identified in paragraph (3) shall not apply to 

18 this grant program. 

19 ‘‘(2) PROGRAMS COVERED.—The programs cov20 ered by paragraph (2) are the programs carried out 

21 under the following provisions: 

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

23 Control and Safe Streets Act of 1968 (STOP 

24 Grants). 


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

2 Control and Safe Streets Act of 1968 (Grants 

3 to Encourage Arrest Policies). 

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

5 this section are— 

6 ‘‘(1) population specific organizations that have 

7 demonstrated experience and expertise in providing 

8 population specific services in the relevant under9 served communities or population specific organiza10 tions working in partnership with a victim service 

11 provider or domestic violence or sexual assault coali12 tion; 

13 ‘‘(2) victim service providers offering population 

14 specific services for a specific underserved popu15 lation; or 

16 ‘‘(3) victim service providers working in part17 nership with a national, State, or local organization 

18 that has demonstrated experience and expertise in 

19 providing population specific services in the relevant 

20 underserved population. 

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

22 may use up to 30 percent of funds available under this 

23 section to make one-time planning grants to eligible enti24 ties to support the planning and development of specially 


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1 designed and targeted programs for adult and youth vic2 tims in one or more underserved populations, including— 

3 ‘‘(1) identifying, building and strengthening 

4 partnerships with potential collaborators within un5 derserved populations, Federal, State, tribal, terri6 torial or local government entities, and public and 

7 private organizations; 

8 ‘‘(2) conducting a needs assessment of the com9 munity and the targeted underserved population or 

10 populations to determine what the barriers are to 

11 service access and what factors contribute to those 

12 barriers, using input from the targeted underserved 

13 population or populations; 

14 ‘‘(3) identifying promising prevention, outreach 

15 and intervention strategies for victims from a tar16 geted underserved population or populations; and 

17 ‘‘(4) developing a plan, with the input of the 

18 targeted underserved population or populations, for 

19 implementing prevention, outreach and intervention 

20 strategies to address the barriers to accessing serv21 ices, promoting community engagement in the pre22 vention of domestic violence, dating violence, sexual 

23 assault, and stalking within the targeted under24 served populations, and evaluating the program. 


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

2 General shall make grants to eligible entities for the pur3 pose of providing or enhancing population specific out4 reach and services to adult and youth victims in one or 

5 more underserved populations, including— 

6 ‘‘(1) working with Federal, State, tribal, terri7 torial and local governments, agencies, and organiza8 tions to develop or enhance population specific vic9 tim services; 

10 ‘‘(2) strengthening the capacity of underserved 

11 populations to provide population specific victim 

12 services; 

13 ‘‘(3) strengthening the capacity of traditional 

14 victim service providers to provide population spe15 cific services; 

16 ‘‘(4) strengthening the effectiveness of criminal 

17 and civil justice interventions by providing training 

18 for law enforcement, prosecutors, judges and other 

19 court personnel on domestic violence, dating vio20 lence, sexual assault, or stalking in underserved pop21 ulations; or 

22 ‘‘(5) working in cooperation with an under23 served population to develop and implement out24 reach, education, prevention, and intervention strate25 gies that highlight available resources and the speVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 cific issues faced by victims of domestic violence, 

2 dating violence, sexual assault, or stalking from un3 derserved populations. 

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

5 grant under this section shall submit an application to the 

6 Director of the Office on Violence Against Women at such 

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

8 may prescribe. 

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

10 under this section shall submit to the Director of the Of11 fice on Violence Against Women a report that describes 

12 the activities carried out with grant funds. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In ad14 dition to the funds identified in subsection (a)(1), there 

15 are authorized to be appropriated to carry out this section 

16 $2,000,000 for each of fiscal years 2012 through 2016. 

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

18 this section the definitions and grant conditions in section 

19 40002 of the Violence Against Women Act of 1994 (42 

20 U.S.C. 13925) shall apply.’’. 

21 SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT. 

22 Section 121 of the Violence Against Women and De23 partment of Justice Reauthorization Act of 2005 (42 

24 U.S.C. 14045a) is amended— 


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

2 LINGUISTICALLY’’; 

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

4 appears; 

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

6 appears; 

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

8 ‘‘(2) PROGRAMS COVERED.—The programs cov9 ered by paragraph (1) are the programs carried out 

10 under the following provisions: 

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

12 Control and Safe Streets Act of 1968 (Grants 

13 to Encourage Arrest Policies and Enforcement 

14 of Protection Orders). 

15 ‘‘(B) Section 1401 of division B of the Vic16 tims of Trafficking and Violence Protection Act 

17 of 2000 (42 U.S.C. 3796gg–6) (Legal Assist18 ance for Victims). 

19 ‘‘(C) Section 40295 of the Violence 

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

21 (Rural Domestic Violence, Dating Violence, 

22 Sexual Assault, Stalking, and Child Abuse En23 forcement Assistance). 

24 ‘‘(D) Section 40802a of the Violence 

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


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1 14041a) (Enhanced Training and Services to 

2 End Violence Against Women Later in Life). 

3 ‘‘(E) Section 1402 of division B of the Vic4 tims of Trafficking and Violence Protection Act 

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

6 Training, and Enhanced Services to End Vio7 lence Against and Abuse of Women with Dis8 abilities).’’; and 

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

10 and’’. 

11 TITLE II—IMPROVING SERVICES 

12 FOR VICTIMS OF DOMESTIC 

13 VIOLENCE, DATING VIO14 LENCE, SEXUAL ASSAULT, 

15 AND STALKING 

16 SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. 

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

18 41601(b) of the Violence Against Women Act of 1994 (42 

19 U.S.C. 14043g(b)) is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘governmental and non22 governmental’’; and 

23 (B) by striking ‘‘other programs’’ and all 

24 that follows and inserting ‘‘other nongovern25 mental or tribal programs and projects to assist 


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1 individuals who have been victimized by sexual 

2 assault, without regard to the age of the indi3 vidual.’’; 

4 (2) in paragraph (2)— 

5 (A) in subparagraph (B), by striking ‘‘non6 profit, nongovernmental organizations for pro7 grams and activities’’ and inserting ‘‘nongovern8 mental or tribal programs and activities’’; and 

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

10 ‘‘linguistically and’’; and 

11 (3) in paragraph (4)— 

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

13 Columbia and Puerto Rico)’’ after ‘‘The Attor14 ney General shall allocate to each State’’; 

15 (B) by striking ‘‘the District of Columbia, 

16 Puerto Rico,’’ after ‘‘Guam’’; 

17 (C) by striking ‘‘0.125 percent’’ and in18 serting ‘‘0.25 percent’’; and 

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

20 shall be treated as a territory for purposes of 

21 calculating its allocation under the preceding 

22 formula.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 41601(f)(1) of the Violence Against Women Act of 1994 

25 (42 U.S.C. 14043g(f)(1)) is amended by striking 


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1 ‘‘$50,000,000 to remain available until expended for each 

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

3 ‘‘$40,000,000 to remain available until expended for each 

4 of fiscal years 2012 through 2016’’. 

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

6 SEXUAL ASSAULT, STALKING, AND CHILD 

7 ABUSE ENFORCEMENT ASSISTANCE. 

8 Section 40295 of the Violence Against Women Act 

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

10 (1) in subsection (a)(1)(H), by inserting ‘‘, in11 cluding sexual assault forensic examiners’’ before the 

12 semicolon; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘victim advocacy 

16 groups’’ and inserting ‘‘victim service pro17 viders’’; and 

18 (ii) by inserting ‘‘, including devel19 oping multidisciplinary teams focusing on 

20 high risk cases with the goal of preventing 

21 domestic and dating violence homicides’’ 

22 before the semicolon; 

23 (B) in paragraph (2)— 

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

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


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1 assistance, and other long-term and short2 term victim and population specific serv3 ices’’; and 

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

5 (C) in paragraph (3), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

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

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

9 programs addressing sexual assault, including sexual 

10 assault forensic examiner programs, Sexual Assault 

11 Response Teams, law enforcement training, and pro12 grams addressing rape kit backlogs.’’; and 

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

14 ‘‘$55,000,000 for each of the fiscal years 2007 

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

16 of fiscal years 2012 through 2016’’. 

17 SEC. 203. TRAINING AND SERVICES TO END VIOLENCE 

18 AGAINST WOMEN WITH DISABILITIES 

19 GRANTS. 

20 Section 1402 of division B of the Victims of Traf21 ficking and Violence Protection Act of 2000 (42 U.S.C. 

22 3796gg–7) is amended— 

23 (1) in subsection (b)— 

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1 sess the risk of domestic and dating violence 

2 homicide)’’ after ‘‘risk reduction’’; 

3 (B) in paragraph (4), by striking ‘‘victim 

4 service organizations’’ and inserting ‘‘victim 

5 service providers’’; and 

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

7 services organizations’’ and inserting ‘‘victim 

8 service providers’’; 

9 (2) in subsection (c)(1)(D), by striking ‘‘non10 profit and nongovernmental victim services organiza11 tion, such as a State’’ and inserting ‘‘victim service 

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

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

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

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

16 through 2016’’. 

17 SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VI18 OLENCE AGAINST WOMEN IN LATER LIFE. 

19 Section 40802 of the Violence Against Women Act 

20 of 1994 (42 U.S.C. 14041a) is amended to read as follows: 

21 ‘‘SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END 

22 VIOLENCE AGAINST WOMEN IN LATER LIFE. 

23 ‘‘(a) DEFINITIONS.—In this section— 

24 ‘‘(1) the term ‘eligible entity’ means an entity 

25 that— 


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1 ‘‘(A) is— 

2 ‘‘(i) a State; 

3 ‘‘(ii) a unit of local government; 

4 ‘‘(iii) a tribal government or tribal or5 ganization; 

6 ‘‘(iv) a population specific organiza7 tion with demonstrated experience in as8 sisting individuals in later life; 

9 ‘‘(v) a victim service provider; or 

10 ‘‘(vi) a State, tribal, or territorial do11 mestic violence or sexual assault coalition; 

12 and 

13 ‘‘(B) is partnered with— 

14 ‘‘(i) a law enforcement agency; 

15 ‘‘(ii) an office of a prosecutor; 

16 ‘‘(iii) a victim service provider; or 

17 ‘‘(iv) a nonprofit program or govern18 ment agency with demonstrated experience 

19 in assisting individuals in later life; 

20 ‘‘(2) the term ‘exploitation’ has the meaning 

21 given the term in section 2011 of the Social Security 

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

23 ‘‘(3) the term ‘later life’, relating to an indi24 vidual, means the individual is 50 years of age or 

25 older; and 


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1 ‘‘(4) the term ‘neglect’ means the failure of a 

2 caregiver or fiduciary to provide the goods or serv3 ices that are necessary to maintain the health or 

4 safety of an individual in later life. 

5 ‘‘(b) GRANT PROGRAM.— 

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

7 General may make grants to eligible entities to carry 

8 out the activities described in paragraph (2). 

9 ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI10 TIES.— 

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

12 entity receiving a grant under this section shall 

13 use the funds received under the grant to— 

14 ‘‘(i) provide training programs to as15 sist law enforcement agencies, prosecutors, 

16 agencies of States or units of local govern17 ment, population specific organizations, 

18 victim service providers, victim advocates, 

19 and relevant officers in Federal, tribal, 

20 State, territorial, and local courts in recog21 nizing and addressing instances of elder 

22 abuse; 

23 ‘‘(ii) provide or enhance services for 

24 victims of elder abuse; 


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1 ‘‘(iii) establish or support multidisci2 plinary collaborative community responses 

3 to victims of elder abuse; and 

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

5 enforcement agencies, prosecutors, agen6 cies of States or units of local government, 

7 attorneys, health care providers, population 

8 specific organizations, faith-based advo9 cates, victim service providers, and courts 

10 to better serve victims of elder abuse. 

11 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi12 ble entity receiving a grant under this section 

13 may use not more than 10 percent of the funds 

14 received under the grant to— 

15 ‘‘(i) provide training programs to as16 sist attorneys, health care providers, faith17 based leaders, or other community-based 

18 organizations in recognizing and address19 ing instances of elder abuse; or 

20 ‘‘(ii) conduct outreach activities and 

21 awareness campaigns to ensure that vic22 tims of elder abuse receive appropriate as23 sistance. 

24 ‘‘(3) UNDERSERVED POPULATIONS.—In making 

25 grants under this section, the Attorney General shall 


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1 give priority to proposals providing culturally spe2 cific or population specific services. 

3 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this section $6,000,000 for each of fiscal years 2012 

6 through 2016.’’. 

7 TITLE III—SERVICES, PROTEC8 TION, AND JUSTICE FOR 

9 YOUNG VICTIMS OF VIO10 LENCE 

11 SEC. 301. RAPE PREVENTION EDUCATION GRANT. 

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

13 U.S.C. 280b–1b) is amended— 

14 (1) in subsection (a)— 

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

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

17 centers, State’’; and 

18 (B) in paragraph (6), by inserting ‘‘and al19 cohol’’ after ‘‘about drugs’’; and 

20 (2) in subsection (c)— 

21 (A) in paragraph (1), by striking 

22 ‘‘$80,000,000 for each of fiscal years 2007 

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

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

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


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

2 DISTRICT OF COLUMBIA, AND PUERTO RICO.—A 

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

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

5 of Columbia, and Puerto Rico. If any State, the Dis6 trict of Columbia, or Puerto Rico does not utilize its 

7 $150,000, such amount shall be redistributed on the 

8 basis of population.’’. 

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

10 SERVICES, AND EDUCATION FOR CHILDREN 

11 AND YOUTH. 

12 Subtitle L of the Violence Against Women Act of 

13 1994 is amended by striking sections 41201 through 

14 41204 (42 U.S.C. 14043c through 14043c–3) and insert15 ing the following: 

16 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP17 TIONS, SERVICES, AND EDUCATION FOR 

18 CHILDREN AND YOUTH (‘CHOOSE CHILDREN 

19 & YOUTH’). 

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

21 working in collaboration with the Secretary of Health and 

22 Human Services and the Secretary of Education, shall 

23 award grants to enhance the safety of youth and children 

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


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1 violence, sexual assault, or stalking and prevent future vio2 lence. 

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

4 this section may be used for the following program pur5 pose areas: 

6 ‘‘(1) SERVICES TO ADVOCATE FOR AND RE7 SPOND TO YOUTH.—To develop, expand, and 

8 strengthen victim-centered interventions and services 

9 that target youth who are victims of domestic vio10 lence, dating violence, sexual assault, and stalking. 

11 Services may include victim services, counseling, ad12 vocacy, mentoring, educational support, transpor13 tation, legal assistance in civil, criminal and admin14 istrative matters, such as family law cases, housing 

15 cases, child welfare proceedings, campus administra16 tive proceedings, and civil protection order pro17 ceedings, services to address the co-occurrence of sex 

18 trafficking, population-specific services, and other 

19 activities that support youth in finding safety, sta20 bility, and justice and in addressing the emotional, 

21 cognitive, and physical effects of trauma. Funds may 

22 be used to— 

23 ‘‘(A) assess and analyze currently available 

24 services for youth victims of domestic violence, 

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1 termining relevant barriers to such services in 

2 a particular locality, and developing a commu3 nity protocol to address such problems collabo4 ratively; 

5 ‘‘(B) develop and implement policies, prac6 tices, and procedures to effectively respond to 

7 domestic violence, dating violence, sexual as8 sault, or stalking against youth; or 

9 ‘‘(C) provide technical assistance and 

10 training to enhance the ability of school per11 sonnel, victim service providers, child protective 

12 service workers, staff of law enforcement agen13 cies, prosecutors, court personnel, individuals 

14 who work in after school programs, medical 

15 personnel, social workers, mental health per16 sonnel, and workers in other programs that 

17 serve children and youth to improve their ability 

18 to appropriately respond to the needs of chil19 dren and youth who are victims of domestic vio20 lence, dating violence, sexual assault, and stalk21 ing, and to properly refer such children, youth, 

22 and their families to appropriate services. 

23 ‘‘(2) SUPPORTING YOUTH THROUGH EDU24 CATION AND PROTECTION.—To enable middle 


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1 schools, high schools, and institutions of higher edu2 cation to— 

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

4 including healthcare providers and security per5 sonnel, on the needs of students who are vic6 tims of domestic violence, dating violence, sex7 ual assault, or stalking; 

8 ‘‘(B) develop and implement prevention 

9 and intervention policies in middle and high 

10 schools, including appropriate responses to, and 

11 identification and referral procedures for, stu12 dents who are experiencing or perpetrating do13 mestic violence, dating violence, sexual assault, 

14 or stalking, and procedures for handling the re15 quirements of court protective orders issued to 

16 or against students; 

17 ‘‘(C) provide support services for student 

18 victims of domestic violence, dating violence, 

19 sexual assault or stalking, such as a resource 

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

21 ‘‘(D) implement developmentally appro22 priate educational programming for students re23 garding domestic violence, dating violence, sex24 ual assault, and stalking and the impact of such 

25 violence on youth; or 


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1 ‘‘(E) develop strategies to increase identi2 fication, support, referrals, and prevention pro3 gramming for youth who are at high risk of do4 mestic violence, dating violence, sexual assault, 

5 or stalking. 

6 ‘‘(c) ELIGIBLE APPLICANTS.— 

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

8 grant under this section, an entity shall be— 

9 ‘‘(A) a victim service provider, tribal non10 profit, or population-specific or community11 based organization with a demonstrated history 

12 of effective work addressing the needs of youth 

13 who are victims of domestic violence, dating vio14 lence, sexual assault, or stalking; or 

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

16 partnered with an entity that has a dem17 onstrated history of effective work addressing 

18 the needs of youth. 

19 ‘‘(2) PARTNERSHIPS.— 

20 ‘‘(A) EDUCATION.—To be eligible to re21 ceive a grant for the purposes described in sub22 section (b)(2), an entity described in paragraph 

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

24 tribal, or nationally accredited private middle or 

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1 partment of Defense under section 2164 of title 

2 10, United States Code or section 1402 of the 

3 Defense Dependents’ Education Act of 1978, a 

4 group of schools, a school district, or an institu5 tion of higher education. 

6 ‘‘(B) OTHER PARTNERSHIPS.—All appli7 cants under this section are encouraged to work 

8 in partnership with organizations and agencies 

9 that work with the relevant population. Such 

10 entities may include— 

11 ‘‘(i) a State, tribe, unit of local gov12 ernment, or territory; 

13 ‘‘(ii) a population specific or commu14 nity-based organization; 

15 ‘‘(iii) batterer intervention programs 

16 or sex offender treatment programs with 

17 specialized knowledge and experience work18 ing with youth offenders; or 

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

20 nongovernmental organizations with the 

21 capacity to provide effective assistance to 

22 the adult, youth, and child victims served 

23 by the partnership. 


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

2 grants under this section shall establish and implement 

3 policies, practices, and procedures that— 

4 ‘‘(1) require and include appropriate referral 

5 systems for child and youth victims; 

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

7 child and youth victim information, particularly in 

8 the context of parental or third party involvement 

9 and consent, mandatory reporting duties, and work10 ing with other service providers all with priority on 

11 victim safety and autonomy; and 

12 ‘‘(3) ensure that all individuals providing inter13 vention or prevention programming to children or 

14 youth through a program funded under this section 

15 have completed, or will complete, sufficient training 

16 in connection with domestic violence, dating violence, 

17 sexual assault and stalking. 

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

19 this section, the definitions and grant conditions provided 

20 for in section 40002 shall apply. 

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

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

23 $15,000,000 for each of fiscal years 2012 through 2016. 

24 ‘‘(g) ALLOTMENT.— 


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

2 the total amount appropriated under this section for 

3 each fiscal year shall be used for the purposes de4 scribed in subsection (b)(1). 

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

6 of the total amount appropriated under this section 

7 for each fiscal year shall be made available for 

8 grants under the program authorized by section 

9 2015 of the Omnibus Crime Control and Safe 

10 Streets Act of 1968. 

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

12 prioritize grant applications under this section that coordi13 nate with prevention programs in the community.’’. 

14 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM15 PUSES. 

16 Section 304 of the Violence Against Women and De17 partment of Justice Reauthorization Act of 2005 (42 

18 U.S.C. 14045b) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

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

22 and’’ and inserting ‘‘stalking on cam23 puses,’’; 

24 (ii) by striking ‘‘crimes against women 

25 on’’ and inserting ‘‘crimes on’’; and 


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

2 strengthen prevention education and 

3 awareness programs’’ before the period; 

4 and 

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

6 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (2)— 

9 (i) by inserting ‘‘, strengthen,’’ after 

10 ‘‘To develop’’; and 

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

12 technology to commit these crimes,’’ after 

13 ‘‘sexual assault and stalking,’’; 

14 (B) in paragraph (4)— 

15 (i) by inserting ‘‘and population spe16 cific services’’ after ‘‘strengthen victim 

17 services programs’’; 

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

19 and all that follows through ‘‘stalking vic20 tim services programs’’ and inserting ‘‘vic21 tim service providers’’; and 

22 (iii) by inserting ‘‘, regardless of 

23 whether the services are provided by the 

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1 nity victim service providers’’ before the 

2 period at the end; and 

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

4 ‘‘(9) To develop or adapt and provide develop5 mental, culturally appropriate, and linguistically ac6 cessible print or electronic materials to address both 

7 prevention and intervention in domestic violence, 

8 dating violence, sexual violence, and stalking. 

9 ‘‘(10) To develop or adapt population specific 

10 strategies and projects for victims of domestic vio11 lence, dating violence, sexual assault, and stalking 

12 from underserved populations on campus.’’; 

13 (3) in subsection (c)— 

14 (A) in paragraph (2)— 

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

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

17 through ‘‘victim services programs’’ and 

18 inserting ‘‘victim service providers’’; 

19 (ii) by redesignating subparagraphs 

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

21 through (G), respectively; and 

22 (iii) by inserting after subparagraph 

23 (C), the following: 

24 ‘‘(D) describe how underserved populations 

25 in the campus community will be adequately 


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1 served, including the provision of relevant popu2 lation specific services;’’; and 

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

4 through 2011’’ and inserting ‘‘2012 through 

5 2016’’; 

6 (4) in subsection (d)— 

7 (A) by redesignating paragraph (3) as 

8 paragraph (4); and 

9 (B) by inserting after paragraph (2), the 

10 following: 

11 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— 

12 Each grantee shall comply with the following min13 imum requirements during the grant period: 

14 ‘‘(A) The grantee shall create a coordi15 nated community response including both orga16 nizations external to the institution and rel17 evant divisions of the institution. 

18 ‘‘(B) The grantee shall establish a manda19 tory prevention and education program on do20 mestic violence, dating violence, sexual assault, 

21 and stalking for all incoming students. 

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

23 law enforcement to respond effectively to do24 mestic violence, dating violence, sexual assault, 

25 and stalking. 


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

2 of campus disciplinary boards to respond effec3 tively to situations involving domestic violence, 

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

5 and 

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

7 and all that follows through the period and inserting 

8 ‘‘there is authorized to be appropriated $12,000,000 

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

10 SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO11 LENCE, DATING VIOLENCE, AND STALKING 

12 EDUCATION AND PREVENTION. 

13 (a) IN GENERAL.—Section 485(f) of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

15 (1) in paragraph (1)— 

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

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

18 victim of such crime elects or is unable to make 

19 such a report.’’; and 

20 (B) in subparagraph (F)— 

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

22 ‘‘and’’ after the semicolon; 

23 (ii) in clause (ii)— 

24 (I) by striking ‘‘sexual orienta25 tion’’ and inserting ‘‘national origin, 


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1 sexual orientation, gender identity,’’; 

2 and 

3 (II) by striking the period and 

4 inserting ‘‘; and’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(iii) of domestic violence, dating vio8 lence, and stalking incidents that were re9 ported to campus security authorities or 

10 local police agencies.’’; 

11 (2) in paragraph (3), by inserting ‘‘, that with12 holds the names of victims as confidential,’’ after 

13 ‘‘that is timely’’; 

14 (3) in paragraph (6)(A)— 

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

16 (iii) as clauses (ii), (iii), and (iv), respectively; 

17 (B) by inserting before clause (ii), as re18 designated by subparagraph (A), the following: 

19 ‘‘(i) The terms ‘dating violence’, ‘domestic vio20 lence’, and ‘stalking’ have the meaning given such 

21 terms in section 40002(a) of the Violence Against 

22 Women Act of 1994 (42 U.S.C. 13925(a)).’’; and 

23 (C) by inserting after clause (iv), as redes24 ignated by subparagraph (A), the following: 


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1 ‘‘(v) The term ‘sexual assault’ means an offense 

2 classified as a forcible or nonforcible sex offense 

3 under the uniform crime reporting system of the 

4 Federal Bureau of Investigation.’’; 

5 (4) in paragraph (7)— 

6 (A) by striking ‘‘paragraph (1)(F)’’ and in7 serting ‘‘clauses (i) and (ii) of paragraph 

8 (1)(F)’’; and 

9 (B) by inserting after ‘‘Hate Crime Statis10 tics Act.’’ the following: ‘‘For the offenses of 

11 domestic violence, dating violence, and stalking, 

12 such statistics shall be compiled in accordance 

13 with the definitions used in section 40002(a) of 

14 the Violence Against Women Act of 1994 (42 

15 U.S.C. 13925(a)).’’; 

16 (5) by striking paragraph (8) and inserting the 

17 following: 

18 ‘‘(8)(A) Each institution of higher education partici19 pating in any program under this title and title IV of the 

20 Economic Opportunity Act of 1964, other than a foreign 

21 institution of higher education, shall develop and dis22 tribute as part of the report described in paragraph (1) 

23 a statement of policy regarding— 


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1 ‘‘(i) such institution’s programs to prevent do2 mestic violence, dating violence, sexual assault, and 

3 stalking; and 

4 ‘‘(ii) the procedures that such institution will 

5 follow once an incident of domestic violence, dating 

6 violence, sexual assault, or stalking has been re7 ported. 

8 ‘‘(B) The policy described in subparagraph (A) shall 

9 address the following areas: 

10 ‘‘(i) Education programs to promote the aware11 ness of rape, acquaintance rape, domestic violence, 

12 dating violence, sexual assault, and stalking, which 

13 shall include— 

14 ‘‘(I) primary prevention and awareness 

15 programs for all incoming students and new 

16 employees, which shall include— 

17 ‘‘(aa) a statement that the institution 

18 of higher education prohibits the offenses 

19 of domestic violence, dating violence, sex20 ual assault, and stalking; 

21 ‘‘(bb) the definition of domestic vio22 lence, dating violence, sexual assault, and 

23 stalking in the applicable jurisdiction; 


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1 ‘‘(cc) the definition of consent, in ref2 erence to sexual activity, in the applicable 

3 jurisdiction; 

4 ‘‘(dd) safe and positive options for by5 stander intervention that may be carried 

6 out by an individual to prevent harm or in7 tervene when there is a risk of domestic vi8 olence, dating violence, sexual assault, or 

9 stalking against a person other than such 

10 individual; 

11 ‘‘(ee) information on risk reduction to 

12 recognize warning signs of abusive behav13 ior and how to avoid potential attacks; and 

14 ‘‘(ff) the information described in 

15 clauses (ii) through (vii); and 

16 ‘‘(II) ongoing prevention and awareness 

17 campaigns for students and faculty, including 

18 information described in items (aa) through (ff) 

19 of subclause (I). 

20 ‘‘(ii) Possible sanctions or protective measures 

21 that such institution may impose following a final 

22 determination of an institutional disciplinary proce23 dure regarding rape, acquaintance rape, domestic vi24 olence, dating violence, sexual assault, or stalking. 


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1 ‘‘(iii) Procedures victims should follow if a sex 

2 offense, domestic violence, dating violence, sexual as3 sault, or stalking has occurred, including informa4 tion in writing about— 

5 ‘‘(I) the importance of preserving evidence 

6 as may be necessary to the proof of criminal do7 mestic violence, dating violence, sexual assault, 

8 or stalking, or in obtaining a protection order; 

9 ‘‘(II) to whom the alleged offense should 

10 be reported; 

11 ‘‘(III) options regarding law enforcement 

12 and campus authorities, including notification 

13 of the victim’s option to— 

14 ‘‘(aa) notify proper law enforcement 

15 authorities, including on-campus and local 

16 police; 

17 ‘‘(bb) be assisted by campus authori18 ties in notifying law enforcement authori19 ties if the victim so chooses; and 

20 ‘‘(cc) decline to notify such authori21 ties; and 

22 ‘‘(IV) where applicable, the rights of vic23 tims and the institution’s responsibilities re24 garding orders of protection, no contact orders, 


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1 restraining orders, or similar lawful orders 

2 issued by a criminal, civil, or tribal court. 

3 ‘‘(iv) Procedures for institutional disciplinary 

4 action in cases of alleged domestic violence, dating 

5 violence, sexual assault, or stalking, which shall in6 clude a clear statement that— 

7 ‘‘(I) such proceedings shall— 

8 ‘‘(aa) provide a prompt and equitable 

9 investigation and resolution; and 

10 ‘‘(bb) be conducted by officials who 

11 receive annual training on the issues re12 lated to domestic violence, dating violence, 

13 sexual assault, and stalking and how to 

14 conduct an investigation and hearing proc15 ess that protects the safety of victims and 

16 promotes accountability; 

17 ‘‘(II) the accuser and the accused are enti18 tled to the same opportunities to have others 

19 present during an institutional disciplinary pro20 ceeding, including the opportunity to be accom21 panied to any related meeting or proceeding by 

22 an advisor of their choice; and 

23 ‘‘(III) both the accuser and the accused 

24 shall be simultaneously informed, in writing, 

25 of— 


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1 ‘‘(aa) the outcome of any institutional 

2 disciplinary proceeding that arises from an 

3 allegation of domestic violence, dating vio4 lence, sexual assault, or stalking; 

5 ‘‘(bb) the institution’s procedures for 

6 the accused and the victim to appeal the 

7 results of the institutional disciplinary pro8 ceeding; 

9 ‘‘(cc) of any change to the results that 

10 occurs prior to the time that such results 

11 become final; and 

12 ‘‘(dd) when such results become final. 

13 ‘‘(v) Information about how the institution will 

14 protect the confidentiality of victims, including how 

15 publicly-available recordkeeping will be accomplished 

16 without the inclusion of identifying information 

17 about the victim, to the extent permissible by law. 

18 ‘‘(vi) Notification of students about existing 

19 counseling, health, mental health, victim advocacy, 

20 legal assistance, and other services available for vic21 tims both on-campus and in the community. 

22 ‘‘(vii) Notification of victims about options for, 

23 and available assistance in, changing academic, liv24 ing, transportation, and working situations, if so re25 quested by the victim and if such accommodations 


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1 are reasonably available, regardless of whether the 

2 victim chooses to report the crime to campus police 

3 or local law enforcement. 

4 ‘‘(C) A student or employee who reports to an institu5 tion of higher education that the student or employee has 

6 been a victim of domestic violence, dating violence, sexual 

7 assault, or stalking, whether the offense occurred on or 

8 off campus, shall be provided with a written explanation 

9 of the student or employee’s rights and options, as de10 scribed in clauses (ii) through (vii) of subparagraph (B).’’; 

11 (6) in paragraph (9), by striking ‘‘The Sec12 retary’’ and inserting ‘‘The Secretary, in consulta13 tion with the Attorney General of the United 

14 States,’’; 

15 (7) by striking paragraph (16) and inserting 

16 the following: 

17 ‘‘(16)(A) The Secretary shall seek the advice and 

18 counsel of the Attorney General of the United States con19 cerning the development, and dissemination to institutions 

20 of higher education, of best practices information about 

21 campus safety and emergencies. 

22 ‘‘(B) The Secretary shall seek the advice and counsel 

23 of the Attorney General of the United States and the Sec24 retary of Health and Human Services concerning the de25 velopment, and dissemination to institutions of higher 


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1 education, of best practices information about preventing 

2 and responding to incidents of domestic violence, dating 

3 violence, sexual assault, and stalking, including elements 

4 of institutional policies that have proven successful based 

5 on evidence-based outcome measurements.’’; and 

6 (8) by striking paragraph (17) and inserting 

7 the following: 

8 ‘‘(17) No officer, employee, or agent of an institution 

9 participating in any program under this title shall retali10 ate, intimidate, threaten, coerce, or otherwise discriminate 

11 against any individual for exercising their rights or re12 sponsibilities under any provision of this subsection.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect with respect to the annual 

15 security report under section 485(f)(1) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by 

17 an institution of higher education 1 calendar year after 

18 the date of enactment of this Act, and each subsequent 

19 calendar year. 

20 TITLE IV—VIOLENCE 

21 REDUCTION PRACTICES 

22 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS23 EASE CONTROL AND PREVENTION. 

24 Section 402(c) of the Violence Against Women and 

25 Department of Justice Reauthorization Act of 2005 (42 


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1 U.S.C. 280b–4(c)) is amended by striking ‘‘$2,000,000 for 

2 each of the fiscal years 2007 through 2011’’ and inserting 

3 ‘‘$1,000,000 for each of the fiscal years 2012 through 

4 2016’’. 

5 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

6 THROUGH PREVENTION GRANTS. 

7 (a) SMART PREVENTION.—Section 41303 of the Vi8 olence Against Women Act of 1994 (42 U.S.C. 14043d– 

9 2) is amended to read as follows: 

10 ‘‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES 

11 THROUGH PREVENTION (SMART PREVEN12 TION). 

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

14 in consultation with the Secretary of Health and Human 

15 Services and the Secretary of Education, is authorized to 

16 award grants for the purpose of preventing domestic vio17 lence, dating violence, sexual assault, and stalking by tak18 ing a comprehensive approach that focuses on youth, chil19 dren exposed to violence, and men as leaders and 

20 influencers of social norms. 

21 ‘‘(b) USE OF FUNDS.—Funds provided under this 

22 section may be used for the following purposes: 

23 ‘‘(1) TENN DATING VIOLENCE AWARENESS AND

24 PREVENTION.—To develop, maintain, or enhance 

25 programs that change attitudes and behaviors 


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1 around the acceptability of domestic violence, dating 

2 violence, sexual assault, and stalking and provide 

3 education and skills training to young individuals 

4 and individuals who influence young individuals. The 

5 prevention program may use evidence-based, evi6 dence-informed, or innovative strategies and prac7 tices focused on youth. Such a program should in8 clude— 

9 ‘‘(A) age and developmentally-appropriate 

10 education on domestic violence, dating violence, 

11 sexual assault, stalking, and sexual coercion, as 

12 well as healthy relationship skills, in school, in 

13 the community, or in health care settings; 

14 ‘‘(B) community-based collaboration and 

15 training for those with influence on youth, such 

16 as parents, teachers, coaches, healthcare pro17 viders, faith-leaders, older teens, and mentors; 

18 ‘‘(C) education and outreach to change en19 vironmental factors contributing to domestic vi20 olence, dating violence, sexual assault, and 

21 stalking; and 

22 ‘‘(D) policy development targeted to pre23 vention, including school-based policies and pro24 tocols. 


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1 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

2 ABUSE.—To develop, maintain or enhance programs 

3 designed to prevent future incidents of domestic vio4 lence, dating violence, sexual assault, and stalking 

5 by preventing, reducing and responding to children’s 

6 exposure to violence in the home. Such programs 

7 may include— 

8 ‘‘(A) providing services for children ex9 posed to domestic violence, dating violence, sex10 ual assault or stalking, including direct coun11 seling or advocacy, and support for the non12 abusing parent; and 

13 ‘‘(B) training and coordination for edu14 cational, after-school, and childcare programs 

15 on how to safely and confidentially identify chil16 dren and families experiencing domestic vio17 lence, dating violence, sexual assault, or stalk18 ing and properly refer children exposed and 

19 their families to services and violence prevention 

20 programs. 

21 ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE

22 MODELS.—To develop, maintain or enhance pro23 grams that work with men to prevent domestic vio24 lence, dating violence, sexual assault, and stalking 

25 by helping men to serve as role models and social 


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1 influencers of other men and youth at the individual, 

2 school, community or statewide levels. 

3 ‘‘(c) ELIGIBLE ENTITIES.—To be an eligible to re4 ceive a grant under this section, an entity shall be— 

5 ‘‘(1) a victim service provider, community-based 

6 organization, tribe or tribal organization, or other 

7 non-profit, nongovernmental organization that has a 

8 history of effective work preventing domestic vio9 lence, dating violence, sexual assault, or stalking and 

10 expertise in the specific area for which they are ap11 plying for funds; or 

12 ‘‘(2) a partnership between a victim service pro13 vider, community-based organization, tribe or tribal 

14 organization, or other non-profit, nongovernmental 

15 organization that has a history of effective work pre16 venting domestic violence, dating violence, sexual as17 sault, or stalking and at least one of the following 

18 that has expertise in serving children exposed to do19 mestic violence, dating violence, sexual assault, or 

20 stalking, youth domestic violence, dating violence, 

21 sexual assault, or stalking prevention, or engaging 

22 men to prevent domestic violence, dating violence, 

23 sexual assault, or stalking: 

24 ‘‘(A) A public, charter, tribal, or nationally 

25 accredited private middle or high school, a 


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1 school administered by the Department of De2 fense under section 2164 of title 10, United 

3 States Code or section 1402 of the Defense De4 pendents’ Education Act of 1978, a group of 

5 schools, or a school district. 

6 ‘‘(B) A local community-based organiza7 tion, population-specific organization, or faith8 based organization that has established exper9 tise in providing services to youth. 

10 ‘‘(C) A community-based organization, 

11 population-specific organization, university or 

12 health care clinic, faith-based organization, or 

13 other non-profit, nongovernmental organization 

14 with a demonstrated history of effective work 

15 addressing the needs of children exposed to do16 mestic violence, dating violence, sexual assault, 

17 or stalking. 

18 ‘‘(D) A nonprofit, nongovernmental entity 

19 providing services for runaway or homeless 

20 youth affected by domestic violence, dating vio21 lence, sexual assault, or stalking. 

22 ‘‘(E) Healthcare entities eligible for reim23 bursement under title XVIII of the Social Secu24 rity Act, including providers that target the 

25 special needs of children and youth. 


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1 ‘‘(F) Any other agencies, population-spe2 cific organizations, or nonprofit, nongovern3 mental organizations with the capacity to pro4 vide necessary expertise to meet the goals of the 

5 program. 

6 ‘‘(d) GRANTEE REQUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—Applicants for grants 

8 under this section shall prepare and submit to the 

9 Director an application at such time, in such man10 ner, and containing such information as the Director 

11 may require that demonstrates the capacity of the 

12 applicant and partnering organizations to undertake 

13 the project. 

14 ‘‘(2) POLICIES AND PROCEDURES.—Applicants 

15 under this section shall establish and implement 

16 policies, practices, and procedures that— 

17 ‘‘(A) include appropriate referral systems 

18 to direct any victim identified during program 

19 activities to highly qualified follow-up care; 

20 ‘‘(B) protect the confidentiality and pri21 vacy of adult and youth victim information, 

22 particularly in the context of parental or third 

23 party involvement and consent, mandatory re24 porting duties, and working with other service 

25 providers; 


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1 ‘‘(C) ensure that all individuals providing 

2 prevention programming through a program 

3 funded under this section have completed or 

4 will complete sufficient training in connection 

5 with domestic violence, dating violence, sexual 

6 assault or stalking; and 

7 ‘‘(D) document how prevention programs 

8 are coordinated with service programs in the 

9 community. 

10 ‘‘(3) PREFERENCE.—In selecting grant recipi11 ents under this section, the Attorney General shall 

12 give preference to applicants that— 

13 ‘‘(A) include outcome-based evaluation; 

14 and 

15 ‘‘(B) identify any other community, school, 

16 or State-based efforts that are working on do17 mestic violence, dating violence, sexual assault, 

18 or stalking prevention and explain how the 

19 grantee or partnership will add value, coordi20 nate with other programs, and not duplicate ex21 isting efforts. 

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

23 this section, the definitions and grant conditions provided 

24 for in section 40002 shall apply. 


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

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

3 $15,000,000 for each of fiscal years 2012 through 2016. 

4 Amounts appropriated under this section may only be used 

5 for programs and activities described under this section. 

6 ‘‘(g) ALLOTMENT.— 

7 ‘‘(1) IN GENERAL.—Not less than 25 percent of 

8 the total amounts appropriated under this section in 

9 each fiscal year shall be used for each set of pur10 poses described in paragraphs (1), (2), and (3) of 

11 subsection (a). 

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

13 of the total amounts appropriated under this section 

14 in each fiscal year shall be made available for grants 

15 to Indian tribes or tribal organizations. If an insuffi16 cient number of applications are received from In17 dian tribes or tribal organizations, such funds shall 

18 be allotted to other population-specific programs.’’. 

19 (b) REPEALS.—The following provisions are repealed: 

20 (1) Sections 41304 and 41305 of the Violence 

21 Against Women Act of 1994 (42 U.S.C. 14043d–3 

22 and 14043d–4). 

23 (2) Section 403 of the Violence Against Women 

24 and Department of Justice Reauthorization Act of 

25 2005 (42 U.S.C. 14045c). 


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1 TITLE V—STRENGTHENING THE 

2 HEALTHCARE SYSTEM’S RE3 SPONSE TO DOMESTIC VIO4 LENCE, DATING VIOLENCE, 

5 SEXUAL ASSAULT, AND 

6 STALKING 

7 SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN 

8 THE HEALTHCARE SYSTEM’S RESPONSE TO 

9 DOMESTIC VIOLENCE, DATING VIOLENCE, 

10 SEXUAL ASSAULT, AND STALKING. 

11 (a) GRANTS.—Section 399P of the Public Health 

12 Service Act (42 U.S.C. 280g–4) is amended to read as 

13 follows: 

14 ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE 

15 SYSTEM’S RESPONSE TO DOMESTIC VIO16 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

17 AND STALKING. 

18 ‘‘(a) IN GENERAL.—The Secretary shall award 

19 grants for— 

20 ‘‘(1) the development or enhancement and im21 plementation of interdisciplinary training for health 

22 professionals, public health staff, and allied health 

23 professionals; 

24 ‘‘(2) the development or enhancement and im25 plementation of education programs for medical, 


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1 nursing, dental, and other health profession students 

2 and residents to prevent and respond to domestic vi3 olence, dating violence, sexual assault, and stalking; 

4 and 

5 ‘‘(3) the development or enhancement and im6 plementation of comprehensive statewide strategies 

7 to improve the response of clinics, public health fa8 cilities, hospitals, and other health settings (includ9 ing behavioral and mental health programs) to do10 mestic violence, dating violence, sexual assault, and 

11 stalking. 

12 ‘‘(b) USE OF FUNDS.— 

13 ‘‘(1) REQUIRED USES.—Amounts provided 

14 under a grant under this section shall be used to— 

15 ‘‘(A) fund interdisciplinary training and 

16 education programs under paragraphs (1) and 

17 (2) of subsection (a) that— 

18 ‘‘(i) are designed to train medical, 

19 psychology, dental, social work, nursing, 

20 and other health profession students, in21 terns, residents, fellows, or current health 

22 care providers to identify and provide 

23 health care services (including mental or 

24 behavioral health care services and refer25 rals to appropriate community services) to 


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1 individuals who are or who have been vic2 tims of domestic violence, dating violence, 

3 sexual assault, or stalking; and 

4 ‘‘(ii) plan and develop culturally com5 petent clinical training components for in6 tegration into approved internship, resi7 dency, and fellowship training or con8 tinuing medical or other health education 

9 training that address physical, mental, and 

10 behavioral health issues, including protec11 tive factors, related to domestic violence, 

12 dating violence, sexual assault, stalking, 

13 and other forms of violence and abuse, 

14 focus on reducing health disparities and 

15 preventing violence and abuse, and include 

16 the primacy of victim safety and confiden17 tiality; 

18 ‘‘(B) design and implement comprehensive 

19 strategies to improve the response of the health 

20 care system to domestic or sexual violence in 

21 clinical and public health settings, hospitals, 

22 clinics, and other health settings (including be23 havioral and mental health), under subsection 

24 (a)(3) through— 


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1 ‘‘(i) the implementation, dissemina2 tion, and evaluation of policies and proce3 dures to guide health professionals and 

4 public health staff in identifying and re5 sponding to domestic violence, dating vio6 lence, sexual assault, and stalking, includ7 ing strategies to ensure that health infor8 mation is maintained in a manner that 

9 protects the patient’s privacy and safety, 

10 and safely uses health information tech11 nology to improve documentation, identi12 fication, assessment, treatment, and follow13 up care; 

14 ‘‘(ii) the development of on-site access 

15 to services to address the safety, medical, 

16 and mental health needs of patients by in17 creasing the capacity of existing health 

18 care professionals and public health staff 

19 to address domestic violence, dating vio20 lence, sexual assault, and stalking, or by 

21 contracting with or hiring domestic or sex22 ual assault advocates to provide such serv23 ices or to model other services appropriate 

24 to the geographic and cultural needs of a 

25 site; 


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1 ‘‘(iii) the development of measures 

2 and methods for the evaluation of the 

3 practice of identification, intervention, and 

4 documentation regarding victims of domes5 tic violence, dating violence, sexual assault, 

6 and stalking, including the development 

7 and testing of quality improvement meas8 urements; and 

9 ‘‘(iv) the provision of training and fol10 low-up technical assistance to health care 

11 professionals, and public health staff, and 

12 allied health professionals to identify, as13 sess, treat, and refer clients who are vic14 tims of domestic violence, dating violence, 

15 sexual assault, or stalking, including using 

16 tools and training materials already devel17 oped. 

18 ‘‘(2) PERMISSIBLE USES.— 

19 ‘‘(A) CHILD AND ELDER ABUSE.—To the 

20 extent consistent with the purpose of this sec21 tion, a grantee may use amounts received under 

22 this section to address, as part of a comprehen23 sive programmatic approach implemented under 

24 the grant, issues relating to child or elder 

25 abuse. 


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1 ‘‘(B) RURAL AREAS.—Grants funded 

2 under paragraphs (1) and (2) of subsection (a) 

3 may be used to offer to rural areas community4 based training opportunities, which may include 

5 the use of distance learning networks and other 

6 available technologies needed to reach isolated 

7 rural areas, for medical, nursing, and other 

8 health profession students and residents on do9 mestic violence, dating violence, sexual assault, 

10 stalking, and, as appropriate, other forms of vi11 olence and abuse. 

12 ‘‘(C) OTHER USES.—Grants funded under 

13 subsection (a)(3) may be used for— 

14 ‘‘(i) the development of training mod15 ules and policies that address the overlap 

16 of child abuse, domestic violence, dating vi17 olence, sexual assault, and stalking and 

18 elder abuse, as well as childhood exposure 

19 to domestic and sexual violence; 

20 ‘‘(ii) the development, expansion, and 

21 implementation of sexual assault forensic 

22 medical examination or sexual assault 

23 nurse examiner programs; 

24 ‘‘(iii) the inclusion of the health ef25 fects of lifetime exposure to violence and 


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1 abuse as well as related protective factors 

2 and behavioral risk factors in health pro3 fessional training schools including med4 ical, dental, nursing, social work, and men5 tal and behavioral health curricula, and al6 lied health service training courses; or 

7 ‘‘(iv) the integration of knowledge of 

8 domestic violence, dating violence, sexual 

9 assault, and stalking into health care ac10 creditation and professional licensing ex11 aminations, such as medical, dental, social 

12 work, and nursing boards, and where ap13 propriate, other allied health exams. 

14 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

15 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 

16 ‘‘(A) IN GENERAL.—Grantees under this 

17 section shall ensure that all programs developed 

18 with grant funds address issues of confiden19 tiality and patient safety and comply with appli20 cable confidentiality and nondisclosure require21 ments under section 40002(b)(2) of the Vio22 lence Against Women Act of 1994 and the 

23 Family Violence Prevention and Services Act, 

24 and that faculty and staff associated with deliv25 ering educational components are fully trained 


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1 in procedures that will protect the immediate 

2 and ongoing security and confidentiality of the 

3 patients, patient records, and staff. Such grant4 ees shall consult entities with demonstrated ex5 pertise in the confidentiality and safety needs of 

6 victims of domestic violence, dating violence, 

7 sexual assault, and stalking on the development 

8 and adequacy of confidentially and security pro9 cedures, and provide documentation of such 

10 consultation. 

11 ‘‘(B) ADVANCE NOTICE OF INFORMATION

12 DISCLOSURE.—Grantees under this section shall 

13 provide to patients advance notice about any 

14 circumstances under which information may be 

15 disclosed, such as mandatory reporting laws, 

16 and shall give patients the option to receive in17 formation and referrals without affirmatively 

18 disclosing abuse. 

19 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX20 PENSES.—A grantee shall use not more than 10 per21 cent of the amounts received under a grant under 

22 this section for administrative expenses. 

23 ‘‘(3) APPLICATION.— 

24 ‘‘(A) PREFERENCE.—In selecting grant re25 cipients under this section, the Secretary shall 


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1 give preference to applicants based on the 

2 strength of their evaluation strategies, with pri3 ority given to outcome based evaluations. 

4 ‘‘(B) SUBSECTION (a)(1) AND (2) GRANT5 EES.—Applications for grants under para6 graphs (1) and (2) of subsection (a) shall in7 clude— 

8 ‘‘(i) documentation that the applicant 

9 represents a team of entities working col10 laboratively to strengthen the response of 

11 the health care system to domestic vio12 lence, dating violence, sexual assault, or 

13 stalking, and which includes at least one of 

14 each of— 

15 ‘‘(I) an accredited school of 

16 allopathic or osteopathic medicine, 

17 psychology, nursing, dentistry, social 

18 work, or other health field; 

19 ‘‘(II) a health care facility or sys20 tem; or 

21 ‘‘(III) a government or nonprofit 

22 entity with a history of effective work 

23 in the fields of domestic violence, dat24 ing violence, sexual assault, or stalk25 ing; and 


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1 ‘‘(ii) strategies for the dissemination 

2 and sharing of curricula and other edu3 cational materials developed under the 

4 grant, if any, with other interested health 

5 professions schools and national resource 

6 repositories for materials on domestic vio7 lence, dating violence, sexual assault, and 

8 stalking. 

9 ‘‘(C) SUBSECTION (a)(3) GRANTEES.—An 

10 entity desiring a grant under subsection (a)(3) 

11 shall submit an application to the Secretary at 

12 such time, in such a manner, and containing 

13 such information and assurances as the Sec14 retary may require, including— 

15 ‘‘(i) documentation that all training, 

16 education, screening, assessment, services, 

17 treatment, and any other approach to pa18 tient care will be informed by an under19 standing of violence and abuse victimiza20 tion and trauma-specific approaches that 

21 will be integrated into prevention, interven22 tion, and treatment activities; 

23 ‘‘(ii) strategies for the development 

24 and implementation of policies to prevent 

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1 lence, sexual assault, and stalking over the 

2 lifespan in health care settings; 

3 ‘‘(iii) a plan for consulting with State 

4 and tribal domestic violence or sexual as5 sault coalitions, national nonprofit victim 

6 advocacy organizations, State or tribal law 

7 enforcement task forces (where appro8 priate), and population specific organiza9 tions with demonstrated expertise in do10 mestic violence, dating violence, sexual as11 sault, or stalking; 

12 ‘‘(iv) with respect to an application 

13 for a grant under which the grantee will 

14 have contact with patients, a plan, devel15 oped in collaboration with local victim serv16 ice providers, to respond appropriately to 

17 and make correct referrals for individuals 

18 who disclose that they are victims of do19 mestic violence, dating violence, sexual as20 sault, stalking, or other types of violence, 

21 and documentation provided by the grantee 

22 of an ongoing collaborative relationship 

23 with a local victim service provider; and 

24 ‘‘(v) with respect to an application for 

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1 scribed in subsection (b)(2)(C)(ii), a cer2 tification that any sexual assault forensic 

3 medical examination and sexual assault 

4 nurse examiner programs supported with 

5 such grant funds will adhere to the guide6 lines set forth by the Attorney General. 

7 ‘‘(d) ELIGIBLE ENTITIES.— 

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

9 funding under paragraph (1) or (2) of subsection 

10 (a), an entity shall be— 

11 ‘‘(A) a nonprofit organization with a his12 tory of effective work in the field of training 

13 health professionals with an understanding of, 

14 and clinical skills pertinent to, domestic vio15 lence, dating violence, sexual assault, or stalk16 ing, and lifetime exposure to violence and 

17 abuse; 

18 ‘‘(B) an accredited school of allopathic or 

19 osteopathic medicine, psychology, nursing, den20 tistry, social work, or allied health; 

21 ‘‘(C) a health care provider membership or 

22 professional organization, or a health care sys23 tem; or 

24 ‘‘(D) a State, tribal, territorial, or local en25 tity. 


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1 ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be eli2 gible to receive funding under subsection (a)(3), an 

3 entity shall be— 

4 ‘‘(A) a State department (or other divi5 sion) of health, a State, tribal, or territorial do6 mestic violence or sexual assault coalition or 

7 victim service provider, or any other nonprofit, 

8 nongovernmental organization with a history of 

9 effective work in the fields of domestic violence, 

10 dating violence, sexual assault, or stalking, and 

11 health care, including physical or mental health 

12 care; or 

13 ‘‘(B) a local victim service provider, a local 

14 department (or other division) of health, a local 

15 health clinic, hospital, or health system, or any 

16 other community-based organization with a his17 tory of effective work in the field of domestic vi18 olence, dating violence, sexual assault, or stalk19 ing and health care, including physical or men20 tal health care. 

21 ‘‘(e) TECHNICAL ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—Of the funds made avail23 able to carry out this section for any fiscal year, the 

24 Secretary may make grants or enter into contracts 

25 to provide technical assistance with respect to the 


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1 planning, development, and operation of any pro2 gram, activity or service carried out pursuant to this 

3 section. Not more than 8 percent of the funds ap4 propriated under this section in each fiscal year may 

5 be used to fund technical assistance under this sub6 section. 

7 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec8 retary shall make publicly available materials devel9 oped by grantees under this section, including mate10 rials on training, best practices, and research and 

11 evaluation. 

12 ‘‘(3) REPORTING.—The Secretary shall publish 

13 a biennial report on— 

14 ‘‘(A) the distribution of funds under this 

15 section; and 

16 ‘‘(B) the programs and activities supported 

17 by such funds. 

18 ‘‘(f) RESEARCH AND EVALUATION.— 

19 ‘‘(1) IN GENERAL.—Of the funds made avail20 able to carry out this section for any fiscal year, the 

21 Secretary may use not more than 20 percent to 

22 make a grant or enter into a contract for research 

23 and evaluation of— 

24 ‘‘(A) grants awarded under this section; 

25 and 


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1 ‘‘(B) other training for health professionals 

2 and effective interventions in the health care 

3 setting that prevent domestic violence, dating 

4 violence, and sexual assault across the lifespan, 

5 prevent the health effects of such violence, and 

6 improve the safety and health of individuals 

7 who are currently being victimized. 

8 ‘‘(2) RESEARCH.—Research authorized in para9 graph (1) may include— 

10 ‘‘(A) research on the effects of domestic vi11 olence, dating violence, sexual assault, and 

12 childhood exposure to domestic, dating or sex13 ual violence on health behaviors, health condi14 tions, and health status of individuals, families, 

15 and populations, including underserved popu16 lations; 

17 ‘‘(B) research to determine effective health 

18 care interventions to respond to and prevent do19 mestic violence, dating violence, sexual assault, 

20 and stalking; 

21 ‘‘(C) research on the impact of domestic, 

22 dating and sexual violence, childhood exposure 

23 to such violence, and stalking on the health care 

24 system, health care utilization, health care 

25 costs, and health status; and 


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1 ‘‘(D) research on the impact of adverse 

2 childhood experiences on adult experience with 

3 domestic violence, dating violence, sexual as4 sault, stalking, and adult health outcomes, in5 cluding how to reduce or prevent the impact of 

6 adverse childhood experiences through the 

7 health care setting. 

8 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

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

10 $10,000,000 for each of fiscal years 2012 through 2016. 

11 ‘‘(h) DEFINITIONS.—Except as otherwise provided 

12 herein, the definitions provided for in section 40002 of the 

13 Violence Against Women Act of 1994 shall apply to this 

14 section.’’. 

15 (b) REPEALS.—The following provisions are repealed: 

16 (1) Section 40297 of the Violence Against 

17 Women Act of 1994 (42 U.S.C. 13973). 

18 (2) Section 758 of the Public Health Service 

19 Act (42 U.S.C. 294h). 


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1 TITLE VI—SAFE HOMES FOR VIC2 TIMS OF DOMESTIC VIO3 LENCE, DATING VIOLENCE, 

4 SEXUAL ASSAULT, AND 

5 STALKING 

6 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES7 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

8 ASSAULT, AND STALKING. 

9 (a) AMENDMENT.—Subtitle N of the Violence 

10 Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 

11 is amended— 

12 (1) by inserting after the subtitle heading the 

13 following: 

14 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

15 (2) in section 41402 (42 U.S.C. 14043e–1), in 

16 the matter preceding paragraph (1), by striking 

17 ‘‘subtitle’’ and inserting ‘‘chapter’’; 

18 (3) in section 41403 (42 U.S.C. 14043e–2), in 

19 the matter preceding paragraph (1), by striking 

20 ‘‘subtitle’’ and inserting ‘‘chapter’’; and 

21 (4) by adding at the end the following: 


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1 ‘‘CHAPTER 2—HOUSING RIGHTS 

2 ‘‘SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC 

3 VIOLENCE, DATING VIOLENCE, SEXUAL AS4 SAULT, AND STALKING. 

5 ‘‘(a) DEFINITIONS.—In this chapter: 

6 ‘‘(1) APPROPRIATE AGENCY.—The term ‘appro7 priate agency’ means, with respect to a covered 

8 housing program, the Executive department (as de9 fined in section 101 of title 5, United States Code) 

10 that carries out the covered housing program. 

11 ‘‘(2) COVERED HOUSING PROGRAM.—The term 

12 ‘covered housing program’ means— 

13 ‘‘(A) the program under section 202 of the 

14 Housing Act of 1959 (12 U.S.C. 1701q); 

15 ‘‘(B) the program under section 811 of the 

16 Cranston-Gonzalez National Affordable Hous17 ing Act (42 U.S.C. 8013); 

18 ‘‘(C) the program under subtitle D of title 

19 VIII of the Cranston-Gonzalez National Afford20 able Housing Act (42 U.S.C. 12901 et seq.); 

21 ‘‘(D) the program under subtitle A of title 

22 IV of the McKinney-Vento Homeless Assistance 

23 Act (42 U.S.C. 11360 et seq.); 


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1 ‘‘(E) the program under subtitle A of title 

2 II of the Cranston-Gonzalez National Afford3 able Housing Act (42 U.S.C. 12741 et seq.); 

4 ‘‘(F) the program under paragraph (3) of 

5 section 221(d) of the National Housing Act (12 

6 U.S.C. 1715l(d)) that bears interest at a rate 

7 determined under the proviso under paragraph 

8 (5) of such section 221(d); 

9 ‘‘(G) the program under section 236 of the 

10 National Housing Act (12 U.S.C. 1715z–1); 

11 ‘‘(H) the programs under sections 6 and 8 

12 of the United States Housing Act of 1937 (42 

13 U.S.C. 1437d and 1437f); 

14 ‘‘(I) rural housing assistance provided 

15 under sections 514, 515, 516, 533, and 538 of 

16 the Housing Act of 1949 (42 U.S.C. 1484, 

17 1485, 1486, 1490m, and 1490p–2); and 

18 ‘‘(J) the low income housing tax credit 

19 program under section 42 of the Internal Rev20 enue Code of 1986. 

21 ‘‘(3) IMMEDIATE FAMILY MEMBER.—The term 

22 ‘immediate family member’ means, with respect to 

23 an individual— 


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1 ‘‘(A) a spouse, parent, brother, sister, or 

2 child of that individual, or an individual to 

3 whom such individual stands in loco parentis; 

4 ‘‘(B) any individual living in the household 

5 of such individual who is related to such indi6 vidual by blood or marriage; or 

7 ‘‘(C) any individual living in the household 

8 of such individual who is related to such indi9 vidual by affinity whose close association or in10 timate relationship with such individual is the 

11 equivalent of a family relationship. 

12 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI13 NATION OF ASSISTANCE OR EVICTION.— 

14 ‘‘(1) IN GENERAL.—An applicant for or tenant 

15 of housing assisted under a covered housing program 

16 may not be denied admission to, denied assistance 

17 under, terminated from participation in, or evicted 

18 from the housing on the basis that the applicant or 

19 tenant is or has been a victim of domestic violence, 

20 dating violence, sexual assault, or stalking, if the ap21 plicant or tenant otherwise qualifies for admission, 

22 assistance, participation, or occupancy. 

23 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in24 cident of actual or threatened domestic violence, datVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 ing violence, sexual assault, or stalking shall not be 

2 construed as— 

3 ‘‘(A) a serious or repeated violation of a 

4 lease for housing assisted under a covered hous5 ing program by the victim or threatened victim 

6 of such incident; or 

7 ‘‘(B) good cause for terminating the assist8 ance, tenancy, or occupancy rights to housing 

9 assisted under a covered housing program of 

10 the victim or threatened victim of such incident. 

11 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

12 ACTIVITY.— 

13 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

14 AND OCCUPANCY RIGHTS PROHIBITED.—No 

15 person may deny assistance, tenancy, or occu16 pancy rights to housing assisted under a cov17 ered housing program to a tenant solely on the 

18 basis of criminal activity directly relating to do19 mestic violence, dating violence, sexual assault, 

20 or stalking that is engaged in by a member of 

21 the household of the tenant or any guest or 

22 other person under the control of the tenant, if 

23 the tenant or an immediate family member of 

24 the tenant is the victim or threatened victim of 


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1 such domestic violence, dating violence, sexual 

2 assault, or stalking. 

3 ‘‘(B) BIFURCATION.— 

4 ‘‘(i) IN GENERAL.—Notwithstanding 

5 subparagraph (A), an owner or manager of 

6 housing assisted under a covered housing 

7 program may bifurcate a lease for the 

8 housing in order to evict, remove, or termi9 nate assistance to any individual who is a 

10 tenant or lawful occupant of the housing 

11 and who engages in criminal activity di12 rectly relating to domestic violence, dating 

13 violence, sexual assault, or stalking against 

14 an immediate family member or other indi15 vidual, without evicting, removing, termi16 nating assistance to, or otherwise penal17 izing a victim of such criminal activity who 

18 is also a tenant or lawful occupant of the 

19 housing. 

20 ‘‘(ii) EFFECT OF EVICTION ON OTHER

21 TENANTS.—If an owner or manager of 

22 housing assisted under a covered housing 

23 program evicts, removes, or terminates as24 sistance to an individual under clause (i), 

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1 ble to receive assistance under a covered 

2 housing program, the owner or manager of 

3 housing assisted under the covered housing 

4 program shall provide any remaining ten5 ant an opportunity to establish eligibility 

6 for the covered housing program. If a ten7 ant described in the preceding sentence 

8 cannot establish eligibility, the owner or 

9 manager of the housing shall provide the 

10 tenant a reasonable time, as determined by 

11 the appropriate agency, to find new hous12 ing or to establish eligibility for housing 

13 under another covered housing program. 

14 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

15 in subparagraph (A) shall be construed— 

16 ‘‘(i) to limit the authority of an owner 

17 or manager of housing assisted under a 

18 covered housing program, when notified of 

19 a court order, to comply with a court order 

20 with respect to— 

21 ‘‘(I) the rights of access to or 

22 control of property, including civil 

23 protection orders issued to protect a 

24 victim of domestic violence, dating vio25 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 an owner or manager of hous6 ing assisted under a covered housing pro7 gram to evict or terminate assistance to a 

8 tenant for any violation of a lease not pre9 mised on the act of violence in question 

10 against the tenant or an immediate family 

11 member of the tenant, if the owner or 

12 manager does not subject an individual 

13 who is or has been a victim of domestic vi14 olence, dating violence, or stalking to a 

15 more demanding standard than other ten16 ants in determining whether to evict or ter17 minate; 

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 the owner or manager 

22 of the housing can demonstrate that an ac23 tual and imminent threat to other tenants 

24 or individuals employed at or providing 

25 service to the property would be present if 


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1 the assistance is not terminated or the ten2 ant is not evicted; or 

3 ‘‘(iv) to supersede any provision of 

4 any Federal, State, or local law that pro5 vides greater protection than this section 

6 for victims of domestic violence, dating vio7 lence, sexual assault, or stalking. 

8 ‘‘(c) DOCUMENTATION.— 

9 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an 

10 applicant for or tenant of housing assisted under a 

11 covered housing program represents to the owner or 

12 manager of the housing that the individual is enti13 tled to protection under subsection (b), the owner or 

14 manager may request, in writing, that the tenant 

15 submit to the owner or manager a form of docu16 mentation described in paragraph (3). 

17 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.—If 

18 a tenant does not provide the documentation re19 quested under paragraph (1) within 14 business 

20 days after the tenant receives a request in writing 

21 for such certification from the owner or manager of 

22 the housing, nothing in this chapter may be con23 strued to limit the authority of the owner or man24 ager to evict any tenant or lawful occupant that 

25 commits violations of a lease. The owner or manager 


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1 of the housing may extend the 14-day deadline at its 

2 discretion. 

3 ‘‘(3) FORM OF DOCUMENTATION.—A form of 

4 documentation described in this paragraph is— 

5 ‘‘(A) a certification form approved by the 

6 appropriate agency that— 

7 ‘‘(i) states that an applicant or tenant 

8 is a victim of domestic violence, dating vio9 lence, sexual assault, or stalking; 

10 ‘‘(ii) states that the incident of domes11 tic violence, dating violence, sexual assault, 

12 or stalking that is the ground for protec13 tion under subsection (b) meets the re14 quirements under subsection (b); and 

15 ‘‘(iii) at the option of the applicant or 

16 tenant, includes the name of the individual 

17 who committed the domestic violence, dat18 ing violence, sexual assault, or stalking; 

19 ‘‘(B) a document that— 

20 ‘‘(i) is signed by— 

21 ‘‘(I) an employee, agent, or vol22 unteer of a victim service provider, an 

23 attorney, a medical professional, or a 

24 mental health professional from whom 

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1 sistance relating to domestic violence, 

2 dating violence, sexual assault, or 

3 stalking, or the effects of the abuse; 

4 and 

5 ‘‘(II) the applicant or tenant; and 

6 ‘‘(ii) states under penalty of perjury 

7 that the individual described in clause 

8 (i)(I) believes that the incident of domestic 

9 violence, dating violence, sexual assault, or 

10 stalking that is the ground for protection 

11 under subsection (b) meets the require12 ments under subsection (b); 

13 ‘‘(C) a record of a Federal, State, tribal, 

14 territorial, or local law enforcement agency, 

15 court, or administrative agency; or 

16 ‘‘(D) at the discretion of an owner or man17 ager of housing assisted under a covered hous18 ing program, a statement or other evidence pro19 vided by an applicant or tenant. 

20 ‘‘(4) CONFIDENTIALITY.—Any information sub21 mitted to an owner or manager under this sub22 section, including the fact that an individual is a vic23 tim of domestic violence, dating violence, sexual as24 sault, or stalking shall be maintained in confidence 

25 by the owner or manager and may not be entered 


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1 into any shared database or disclosed to any other 

2 entity or individual, except to the extent that the 

3 disclosure is— 

4 ‘‘(A) requested or consented to by the indi5 vidual in writing; 

6 ‘‘(B) required for use in an eviction pro7 ceeding under subsection (b); or 

8 ‘‘(C) otherwise required by applicable law. 

9 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth10 ing in this subsection shall be construed to require 

11 an owner or manager of housing assisted under a 

12 covered housing program to request that an indi13 vidual submit documentation of the status of the in14 dividual as a victim of domestic violence, dating vio15 lence, sexual assault, or stalking. 

16 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON17 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com18 pliance with subsection (b) by an owner or manager 

19 of housing assisted under a covered housing program 

20 based on documentation received under this sub21 section, shall not be sufficient to constitute evidence 

22 of an unreasonable act or omission by the owner or 

23 manager or an employee or agent of the owner or 

24 manager. Nothing in this paragraph shall be con25 strued to limit the liability of an owner or manager 


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1 of housing assisted under a covered housing program 

2 for failure to comply with subsection (b). 

3 ‘‘(7) PREEMPTION.—Nothing in this subsection 

4 shall be construed to supersede any provision of any 

5 Federal, State, or local law that provides greater 

6 protection than this subsection for victims of domes7 tic violence, dating violence, sexual assault, or stalk8 ing. 

9 ‘‘(d) NOTIFICATION.—Each owner or manager of 

10 housing assisted under a covered housing program shall 

11 provide to each applicant for or tenant of such housing 

12 notice of the rights of individuals under this section, in13 cluding the right to confidentiality and the limits thereof, 

14 together with the form described in subsection (c)(3)(A)— 

15 ‘‘(1) at the time the individual applies to live in 

16 a dwelling unit assisted under the covered housing 

17 program; 

18 ‘‘(2) at the time the individual is admitted to a 

19 dwelling unit assisted under the covered housing 

20 program; 

21 ‘‘(3) with any notification of eviction or notifi22 cation of termination of assistance; 

23 ‘‘(4) in multiple languages, consistent with 

24 guidance issued by the Secretary of Housing and 

25 Urban Development in accordance with Executive 


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1 Order 13166 (42 U.S.C. 2000d–1 note; relating to 

2 access to services for persons with limited English 

3 proficiency); and 

4 ‘‘(5) by posting the notification in a public area 

5 of such housing. 

6 ‘‘(e) EMERGENCY TRANSFERS.—Notwithstanding 

7 any other provision of law, each owner or manager of 

8 housing assisted under a covered program shall adopt an 

9 emergency transfer policy for tenants who are victims of 

10 domestic violence, dating violence, sexual assault, or stalk11 ing that— 

12 ‘‘(1) allows tenants who are victims of domestic 

13 violence, dating violence, sexual assault, or stalking 

14 to transfer to another available and safe dwelling 

15 unit assisted under a covered housing program if— 

16 ‘‘(A) the tenant expressly requests the 

17 transfer; and 

18 ‘‘(B)(i) the tenant reasonably believes that 

19 the tenant is threatened with imminent harm 

20 from further violence if the tenant remains 

21 within the same dwelling unit assisted under a 

22 covered housing program; or 

23 ‘‘(ii) in the case of a tenant who is a victim 

24 of sexual assault, the sexual assault occurred on 


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1 the premises during the 90 day period pre2 ceding the request for transfer; and 

3 ‘‘(2) incorporates reasonable confidentiality 

4 measures to ensure that the owner or manager does 

5 not disclose the location of the dwelling unit of a 

6 tenant to a person that commits an act of domestic 

7 violence, dating violence, sexual assault, or stalking 

8 against the tenant. 

9 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

10 TRANSFER.—The Secretary of Housing and Urban Devel11 opment shall establish policies and procedures under 

12 which a victim requesting an emergency transfer under 

13 subsection (e) may receive, subject to the availability of 

14 tenant protection vouchers, assistance under section 8(o) 

15 of the United States Housing Act of 1937 (42 U.S.C. 

16 1437f(o)). 

17 ‘‘(g) IMPLEMENTATION.—The appropriate agency 

18 with respect to each covered housing program shall imple19 ment this section, as this section applies to the covered 

20 housing program.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) SECTION 6.—Section 6 of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437d) is amend24 ed— 

25 (A) in subsection (c)— 


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

2 (ii) by redesignating paragraphs (4) 

3 and (5) as paragraphs (3) and (4), respec4 tively; 

5 (B) in subsection (l)— 

6 (i) in paragraph (5), by striking ‘‘, 

7 and that an incident or incidents of actual 

8 or threatened domestic violence, dating vio9 lence, or stalking will not be construed as 

10 a serious or repeated violation of the lease 

11 by the victim or threatened victim of that 

12 violence and will not be good cause for ter13 minating the tenancy or occupancy rights 

14 of the victim of such violence’’; and 

15 (ii) in paragraph (6), by striking ‘‘; 

16 except that’’ and all that follows through 

17 ‘‘stalking.’’; and 

18 (C) by striking subsection (u). 

19 (2) SECTION 8.—Section 8 of the United States 

20 Housing Act of 1937 (42 U.S.C. 1437f) is amend21 ed— 

22 (A) in subsection (c), by striking para23 graph (9); 

24 (B) in subsection (d)(1)— 


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

2 ‘‘and that an applicant or participant is or 

3 has been a victim of domestic violence, dat4 ing violence, or stalking is not an appro5 priate basis for denial of program assist6 ance or for denial of admission if the appli7 cant otherwise qualifies for assistance or 

8 admission’’; and 

9 (ii) in subparagraph (B)— 

10 (I) in clause (ii), by striking ‘‘, 

11 and that an incident or incidents of 

12 actual or threatened domestic vio13 lence, dating violence, or stalking will 

14 not be construed as a serious or re15 peated violation of the lease by the 

16 victim or threatened victim of that vi17 olence and will not be good cause for 

18 terminating the tenancy or occupancy 

19 rights of the victim of such violence’’; 

20 and 

21 (II) in clause (iii), by striking ‘‘, 

22 except that:’’ and all that follows 

23 through ‘‘stalking.’’; 

24 (C) in subsection (f)— 


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1 (i) in paragraph (6), by adding ‘‘and’’ 

2 at the end; 

3 (ii) in paragraph (7), by striking the 

4 semicolon at the end and inserting a pe5 riod; and 

6 (iii) by striking paragraphs (8), (9), 

7 (10), and (11); 

8 (D) in subsection (o)— 

9 (i) in paragraph (6)(B), by striking 

10 the last sentence; 

11 (ii) in paragraph (7)— 

12 (I) in subparagraph (C), by strik13 ing ‘‘and that an incident or incidents 

14 of actual or threatened domestic vio15 lence, dating violence, or stalking shall 

16 not be construed as a serious or re17 peated violation of the lease by the 

18 victim or threatened victim of that vi19 olence and shall not be good cause for 

20 terminating the tenancy or occupancy 

21 rights of the victim of such violence’’; 

22 and 

23 (II) in subparagraph (D), by 

24 striking ‘‘; except that’’ and all that 

25 follows through ‘‘stalking.’’; and 


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1 (iii) by striking paragraph (20); and 

2 (E) by striking subsection (ee). 

3 (3) RULE OF CONSTRUCTION.—Nothing in this 

4 Act, or the amendments made by this Act, shall be 

5 construed— 

6 (A) to limit the rights or remedies avail7 able to any person under section 6 or 8 of the 

8 United States Housing Act of 1937 (42 U.S.C. 

9 1437d and 1437f), as in effect on the day be10 fore the date of enactment of this Act; or 

11 (B) to limit any right, remedy, or proce12 dure otherwise available under any provision of 

13 part 5, 91, 880, 882, 883, 884, 886, 891, 903, 

14 960, 966, 982, or 983 of title 24, Code of Fed15 eral Regulations, that— 

16 (i) was issued under the Violence 

17 Against Women and Department of Jus18 tice Reauthorization Act of 2005 (Public 

19 Law 109–162; 119 Stat. 2960) or an 

20 amendment made by that Act; and 

21 (ii) provides greater protection for vic22 tims of domestic violence, dating violence, 

23 sexual assault, and stalking than this Act. 


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1 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

2 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT3 ING VIOLENCE, SEXUAL ASSAULT, AND 

4 STALKING. 

5 Chapter 11 of the Violence Against Women Act of 

6 1994 (42 U.S.C. 13975 et seq.) is amended— 

7 (1) in the chapter heading, by striking 

8 ‘‘CHILD VICTIMS OF DOMESTIC VIO9 LENCE, STALKING, OR SEXUAL AS10 SAULT’’ and inserting ‘‘VICTIMS OF DO11 MESTIC VIOLENCE, DATING VIO12 LENCE, SEXUAL ASSAULT, OR STALK13 ING’’; and 

14 (2) in section 40299 (42 U.S.C. 13975)— 

15 (A) in the header, by striking ‘‘CHILD

16 VICTIMS OF DOMESTIC VIOLENCE, STALK17 ING, OR SEXUAL ASSAULT’’ and inserting 

18 ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT19 ING VIOLENCE, SEXUAL ASSAULT, OR

20 STALKING’’; 

21 (B) in subsection (a)(1), by striking ‘‘flee22 ing’’; and 

23 (C) in subsection (g)— 

24 (i) in paragraph (1), by striking 

25 ‘‘$40,000,000 for each of fiscal years 2007 

26 through 2011’’ and inserting 


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1 ‘‘$35,000,000’’ for each of fiscal years 

2 2012 through 2016; and 

3 (ii) in paragraph (3)— 

4 (I) in subparagraph (A), by strik5 ing ‘‘eligible’’ and inserting ‘‘quali6 fied’’; and 

7 (II) by adding at the end the fol8 lowing: 

9 ‘‘(D) QUALIFIED APPLICATION DE10 FINED.—In this paragraph, the term ‘qualified 

11 application’ means an application that— 

12 ‘‘(i) has been submitted by an eligible 

13 applicant; 

14 ‘‘(ii) does not propose any significant 

15 activities that may compromise victim safe16 ty; 

17 ‘‘(iii) reflects an understanding of the 

18 dynamics of domestic violence, dating vio19 lence, sexual assault, or stalking; and 

20 ‘‘(iv) does not propose prohibited ac21 tivities, including mandatory services for 

22 victims, background checks of victims, or 

23 clinical evaluations to determine eligibility 

24 for services.’’. 


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1 SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

2 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

3 SEXUAL ASSAULT, AND STALKING. 

4 Subtitle N of the Violence Against Women Act of 

5 1994 (42 U.S.C. 14043e et seq.) is amended— 

6 (1) in section 41404(i) (42 U.S.C. 14043e– 

7 3(i)), by striking ‘‘$10,000,000 for each of fiscal 

8 years 2007 through 2011’’ and inserting 

9 ‘‘$5,000,000 for each of fiscal years 2012 through 

10 2016’’; and 

11 (2) in section 41405(g) (42 U.S.C. 14043e– 

12 4(g)), by striking ‘‘$10,000,000 for each of fiscal 

13 years 2007 through 2011’’ and inserting 

14 ‘‘$5,000,000 for each of fiscal years 2012 through 

15 2016’’. 

16 TITLE VII—ECONOMIC SECURITY 

17 FOR VICTIMS OF VIOLENCE 

18 SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 

19 RESPONSES TO ASSIST VICTIMS OF DOMES20 TIC AND SEXUAL VIOLENCE. 

21 Section 41501(e) of the Violence Against Women Act 

22 of 1994 (42 U.S.C. 14043f(e)) is amended by striking 

23 ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal 

24 years 2012 through 2016’’. 


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1 TITLE VIII—PROTECTION OF 

2 BATTERED IMMIGRANTS 

3 SEC. 801. U NONIMMIGRANT DEFINITION. 

4 Section 101(a)(15)(U)(iii) of the Immigration and 

5 Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended 

6 by inserting ‘‘dating violence; stalking;’’ after ‘‘sexual ex7 ploitation;’’. 

8 SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICA9 TIONS MADE BY VICTIMS OF ABUSE. 

10 Not later than December 1, 2012, and annually 

11 thereafter, the Secretary of Homeland Security shall sub12 mit to the Committee on the Judiciary of the Senate and 

13 the Committee on the Judiciary of the House of Rep14 resentatives a report that includes the following: 

15 (1) The number of aliens who— 

16 (A) submitted an application for non17 immigrant status under paragraph (15)(T)(i), 

18 (15)(U)(i), or (51) of section 101(a) of the Im19 migration and Nationality Act (8 U.S.C. 

20 1101(a)) during the preceding fiscal year; 

21 (B) were granted such nonimmigrant sta22 tus during such fiscal year; or 

23 (C) were denied such nonimmigrant status 

24 during such fiscal year. 


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1 (2) The mean amount of time and median 

2 amount of time to adjudicate an application for such 

3 nonimmigrant status during such fiscal year. 

4 (3) The mean amount of time and median 

5 amount of time between the receipt of an application 

6 for such nonimmigrant status and the issuance of 

7 work authorization to an eligible applicant during 

8 the preceding fiscal year. 

9 (4) The number of aliens granted continued 

10 presence in the United States under section 

11 107(c)(3) of the Trafficking Victims Protection Act 

12 of 2000 (22 U.S.C. 7105(c)(3)) during the pre13 ceding fiscal year. 

14 (5) A description of any actions being taken to 

15 reduce the adjudication and processing time, while 

16 ensuring the safe and competent processing, of an 

17 application described in paragraph (1) or a request 

18 for continued presence referred to in paragraph (4). 

19 SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PE20 TITIONERS. 

21 Section 204(l)(2) of the Immigration and Nationality 

22 Act (8 U.S.C. 1154(l)(2)) is amended— 

23 (1) in subparagraph (E), by striking ‘‘or’’ at 

24 the end; 


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1 (2) by redesignating subparagraph (F) as sub2 paragraph (G); and 

3 (3) by inserting after subparagraph (E) the fol4 lowing: 

5 ‘‘(F) a derivative beneficiary of an alien 

6 who was a VAWA self-petitioner; or’’. 

7 SEC. 804. PUBLIC CHARGE. 

8 Section 212(a)(4) of the Immigration and Nationality 

9 Act (8 U.S.C. 1182(a)(4)) is amended by adding at the 

10 end the following: 

11 ‘‘(E) SPECIAL RULE FOR QUALIFIED

12 ALIEN VICTIMS.—Subparagraphs (A), (B), and 

13 (C) shall not apply to an alien who— 

14 ‘‘(i) is a VAWA self-petitioner; 

15 ‘‘(ii) is an applicant for, or is granted, 

16 nonimmigrant status under section 

17 101(a)(15)(U); or 

18 ‘‘(iii) is a qualified alien described in 

19 section 431(c) of the Personal Responsi20 bility and Work Opportunity Reconciliation 

21 Act of 1996 (8 U.S.C. 1641(c)).’’. 

22 SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS. 

23 (a) PETITIONING PROCEDURES FOR SECTION

24 101(a)(15)(U) VISAS.—Paragraph (1) of section 214(p) 


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1 of the Immigration and Nationality Act (8 U.S.C. 

2 1184(p)) is amended to read as follows: 

3 ‘‘(1) PETITIONING PROCEDURES FOR SECTION

4 101(a)(15)(U) VISAS.— 

5 ‘‘(A) CERTIFICATION.—The petition filed 

6 by an alien under section 101(a)(15)(U)(i) shall 

7 contain a certification— 

8 ‘‘(i) from— 

9 ‘‘(I) a Federal, State, or local law 

10 enforcement official, prosecutor, 

11 judge, or other Federal, State, or local 

12 authority investigating criminal activ13 ity described in section 

14 101(a)(15)(U)(iii); or 

15 ‘‘(II) an appropriate official of 

16 the Department of Homeland Security 

17 whose ability to provide such certifi18 cation is not limited to information 

19 concerning immigration violations; 

20 ‘‘(ii) that is signed by an official with 

21 supervisory responsibilities, but who is not 

22 required to be the head of the certifying 

23 agency; and 

24 ‘‘(iii) that states the alien has been 

25 helpful, is being helpful, or is likely to be 


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1 helpful in the investigation or prosecution 

2 of criminal activity described in section 

3 101(a)(15)(U)(iii). 

4 ‘‘(B) OTHER EVIDENCE.—The Secretary of 

5 Homeland Security may, after considering the 

6 totality of the circumstances and reviewing evi7 dence related to the alien’s efforts to obtain the 

8 certification described in subparagraph (A), ac9 cept secondary evidence that the alien has been 

10 helpful, is being helpful, or is likely to be help11 ful to an investigation.’’. 

12 (b) NUMERICAL LIMITATIONS.—Section 

13 214(p)(2)(A) of the Immigration and Nationality Act (8 

14 U.S.C. 1184(p)(2)(A)) is amended by striking ‘‘10,000.’’ 

15 and inserting ‘‘15,000.’’. 

16 (c) AGE DETERMINATIONS.—Section 214(p) of the 

17 Immigration and Nationality Act (8 U.S.C. 1184(p)) is 

18 amended by adding at the end the following: 

19 ‘‘(7) AGE DETERMINATIONS.— 

20 ‘‘(A) CHILDREN.—An unmarried alien who 

21 seeks to accompany, or follow to join, a parent 

22 granted status under section 101(a)(15)(U)(i), 

23 and who was under 21 years of age on the date 

24 on which such parent petitioned for such status, 

25 shall continue to be classified as a child for purVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 poses of section 101(a)(15)(U)(ii), if the alien 

2 attains 21 years of age after such parent’s peti3 tion was filed but while it was pending. 

4 ‘‘(B) PRINCIPAL ALIENS.—An alien de5 scribed in clause (i) of section 101(a)(15)(U) 

6 shall continue to be treated as an alien de7 scribed in clause (ii)(I) of such section if the 

8 alien attains 21 years of age after the alien’s 

9 application for status under such clause (i) is 

10 filed but while it is pending.’’. 

11 SEC. 806. HARDSHIP WAIVERS. 

12 (a) IN GENERAL.—Section 216(c)(4) of the Immigra13 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend14 ed— 

15 (1) in subparagraph (A), by striking the comma 

16 at the end and inserting a semicolon; 

17 (2) in subparagraph (B), by striking ‘‘(1), or’’ 

18 and inserting ‘‘(1); or’’; 

19 (3) in subparagraph (C), by striking the period 

20 at the end and inserting a semicolon and ‘‘or’’; and 

21 (4) by inserting after subparagraph (C) the fol22 lowing: 

23 ‘‘(D) the alien meets the requirements 

24 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

25 following the marriage ceremony was battered 


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1 by or subject to extreme cruelty perpetrated by 

2 the alien’s intended spouse and was not at fault 

3 in failing to meet the requirements of para4 graph (1).’’. 

5 (b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 

6 the Immigration and Nationality Act (8 U.S.C. 

7 1186a(c)(4)), as amended by subsection (a), is further 

8 amended— 

9 (1) in the matter preceding subparagraph (A), 

10 by striking ‘‘The Attorney General, in the Attorney 

11 General’s’’ and inserting ‘‘The Secretary of Home12 land Security, in the Secretary’s’’; and 

13 (2) in the undesignated paragraph at the end— 

14 (A) in the first sentence, by striking ‘‘At15 torney General’’ and inserting ‘‘Secretary of 

16 Homeland Security’’; 

17 (B) in the second sentence, by striking 

18 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 

19 (C) in the third sentence, by striking ‘‘At20 torney General.’’ and inserting ‘‘Secretary.’’; 

21 and 

22 (D) in the fourth sentence, by striking 

23 ‘‘Attorney General’’ and inserting ‘‘Secretary’’. 


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1 SEC. 807. EMPLOYMENT AUTHORIZATION. 

2 Paragraph (1) of section 204(a) of the Immigration 

3 and Nationality Act (8 U.S.C. 1154(a)) is amended by 

4 adding at the end the following: 

5 ‘‘(M) Notwithstanding any provision of this Act re6 stricting eligibility for employment in the United States, 

7 the Secretary of Homeland Security may grant employ8 ment authorization to an alien who has filed a petition 

9 for status as a VAWA self-petitioner or a nonimmigrant 

10 described in section 101(a)(15)(U) on the date that is the 

11 earlier of— 

12 ‘‘(i) the date the alien’s petition for such status 

13 is approved; or 

14 ‘‘(ii) 180 days after the date the alien filed a 

15 petition for such status.’’. 

16 SEC. 808. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

17 CITIZEN. 

18 (a) IN GENERAL.—Section 214 of the Immigration 

19 and Nationality Act (8 U.S.C. 1184) is amended— 

20 (1) in subsection (d)— 

21 (A) in paragraph (1), by striking ‘‘crime.’’ 

22 and inserting ‘‘crime and information on any 

23 permanent protection or restraining order 

24 issued against the petitioner related to any 

25 specified crime described in paragraph (3)(B).’’; 


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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 such subsection.’’; 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) of 

20 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. 809. 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 that 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 TO CHIL15 DREN.— 

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 ‘‘WEBSITES.—’’; 

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 in which the United States client has re5 sided during the previous 20 years,’’ and 

6 inserting ‘‘Website’’; and 

7 (ii) in clause (iii)(II), by striking 

8 ‘‘background information collected by the 

9 international marriage broker under para10 graph (2)(B);’’ and inserting ‘‘signed cer11 tification and accompanying documentation 

12 or attestation regarding the background in13 formation collected under paragraph 

14 (2)(B);’’; and 

15 (B) by striking subparagraph (C); 

16 (4) in paragraph (5)— 

17 (A) in subparagraph (A)(ii), by striking ‘‘A 

18 penalty may be imposed under clause (i) by the 

19 Attorney General only’’ and inserting ‘‘At the 

20 discretion of the Attorney General, a penalty 

21 may be imposed under clause (i) either by a 

22 Federal judge, or by the Attorney General’’; 

23 (B) by amending subparagraph (B) to read 

24 as follows: 

25 ‘‘(B) FEDERAL CRIMINAL PENALTIES.— 


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1 ‘‘(i) FAILURE OF INTERNATIONAL

2 MARRIAGE BROKERS TO COMPLY WITH OB3 LIGATIONS.—Except as provided in clause 

4 (ii), an international marriage broker that, 

5 in circumstances in or affecting interstate 

6 or foreign commerce, or within the special 

7 maritime and territorial jurisdiction of the 

8 United States— 

9 ‘‘(I) except as provided in sub10 clause (II), violates (or attempts to 

11 violate) paragraph (1), (2), (3), or (4) 

12 shall be fined in accordance with title 

13 18, United States Code, or imprisoned 

14 for not more than 1 year, or both; or 

15 ‘‘(II) knowingly commits such a 

16 violation or an attempt, an inter17 national marriage broker shall be 

18 fined in accordance with title 18, 

19 United States Code, or imprisoned for 

20 not more than 5 years, or both. 

21 ‘‘(ii) MISUSE OF INFORMATION.—A 

22 person who knowingly discloses, uses, or 

23 causes to be used any information obtained 

24 by an international marriage broker as a 

25 result of a requirement under paragraph 


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1 (2) or (3) for any purpose other than the 

2 disclosures required under paragraph (3) 

3 shall be fined in accordance with title 18, 

4 United States Code, or imprisoned for not 

5 more than 1 year, or both. 

6 ‘‘(iii) RELATIONSHIP TO OTHER PEN7 ALTIES.—The penalties provided in clauses 

8 (i) and (ii) are in addition to any other 

9 civil or criminal liability under Federal or 

10 State law to which a person may be subject 

11 for the misuse of information, including 

12 misuse to threaten, intimidate, or harass 

13 any individual. 

14 ‘‘(iv) CONSTRUCTION.—Nothing in 

15 this paragraph or paragraph (3) or (4) 

16 may be construed to prevent the disclosure 

17 of information to law enforcement or pur18 suant to a court order.’’; and 

19 (C) in subparagraph (C), by striking the 

20 period at the end and inserting ‘‘including equi21 table remedies.’’; 

22 (5) by redesignating paragraphs (6) and (7) as 

23 paragraphs (7) and (8), respectively; and 

24 (6) by inserting after paragraph (5) the fol25 lowing: 


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1 ‘‘(6) ENFORCEMENT.— 

2 ‘‘(A) AUTHORITY.—The Attorney General 

3 shall be responsible for the enforcement of the 

4 provisions of this section, including the prosecu5 tion of civil and criminal penalties provided for 

6 by this section. 

7 ‘‘(B) CONSULTATION.—The Attorney Gen8 eral shall consult with the head of the Office on 

9 Violence Against Women of the Department of 

10 Justice to develop policies and public education 

11 designed to promote enforcement of this sec12 tion.’’. 

13 (d) GAO STUDY AND REPORT.—Section 833(f) of 

14 the International Marriage Broker Regulation Act of 2005 

15 (8 U.S.C. 1375a(f)) is amended— 

16 (1) in the subsection heading, by striking 

17 ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES

18 AND REPORTS.—’’; and 

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

20 ‘‘(4) CONTINUING IMPACT STUDY AND RE21 PORT.— 

22 ‘‘(A) STUDY.—The Comptroller General 

23 shall conduct a study on the continuing impact 

24 of the implementation of this section and of sec25 tion of 214 of the Immigration and Nationality 


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1 Act (8 U.S.C. 1184) on the process for grant2 ing K nonimmigrant visas, including specifically 

3 a study of the items described in subparagraphs 

4 (A) through (E) of paragraph (1). 

5 ‘‘(B) REPORT.—Not later than 2 years 

6 after the date of the enactment of the Violence 

7 Against Women Reauthorization Act of 2011, 

8 the Comptroller General shall submit to the 

9 Committee on the Judiciary of the Senate and 

10 the Committee on the Judiciary of the House of 

11 Representatives a report setting forth the re12 sults of the study conducted under subpara13 graph (A). 

14 ‘‘(C) DATA COLLECTION.—The Attorney 

15 General, the Secretary of Homeland Security, 

16 and the Secretary of State shall collect and 

17 maintain the data necessary for the Comptroller 

18 General to conduct the study required by para19 graph (1).’’. 

20 SEC. 810. ELIGIBILITY OF CRIME AND TRAFFICKING VIC21 TIMS IN THE COMMONWEALTH OF THE 

22 NORTHERN MARIANA ISLANDS TO ADJUST 

23 STATUS. 

24 Section 705(c) of the Consolidated Natural Resources 

25 Act of 2008 (Public Law 110–229; 48 U.S.C. 1806 note), 


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1 is amended by striking ‘‘except that,’’ and all that follows 

2 through the end, and inserting the following: ‘‘except 

3 that— 

4 ‘‘(1) for the purpose of determining whether an 

5 alien lawfully admitted for permanent residence (as 

6 defined in section 101(a)(20) of the Immigration 

7 and Nationality Act (8 U.S.C. 1101(a)(20)) has 

8 abandoned or lost such status by reason of absence 

9 from the United States, such alien’s presence in the 

10 Commonwealth, before, on or after November 28, 

11 2009, shall be considered to be presence in the 

12 United States; and 

13 ‘‘(2) for the purpose of determining whether an 

14 alien whose application for status under subpara15 graph (T) or (U) of section 101(a)(15) of the Immi16 gration and Nationality Act (8 U.S.C. 1101(a)(15)) 

17 was granted is subsequently eligible for adjustment 

18 under subsection (l) or (m) of section 245 of such 

19 Act (8 U.S.C. 1255), such alien’s physical presence 

20 in the Commonwealth before, on, or after November 

21 28, 2009, and subsequent to the grant of the appli22 cation, shall be considered as equivalent to presence 

23 in the United States pursuant to a nonimmigrant 

24 admission in such status.’’. 


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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 children exposed to domestic vio3 lence, dating violence, sexual assault, or stalking, in4 cluding support for the nonabusing parent or the 

5 caretaker of the 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(d) of title I of the Omnibus Crime Con13 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 

14 is amended— 

15 (1) in paragraph (1)— 

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

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (C), by striking the 

19 period at the end and inserting ‘‘; and’’; and 

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

21 ‘‘(D) developing and promoting State, 

22 local, or tribal legislation and policies that en23 hance best practices for responding to violent 

24 crimes against Indian women, including the 

25 crimes of domestic violence, dating violence, 


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1 sexual assault, stalking, and sex trafficking.’’; 

2 and 

3 (2) in paragraph (2)(B), by striking ‘‘individ4 uals or’’. 

5 SEC. 903. CONSULTATION. 

6 Section 903 of the Violence Against Women and De7 partment of Justice Reauthorization Act of 2005 (42 

8 U.S.C. 14045d) is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘and the Violence Against 

11 Women Act of 2000’’ and inserting ‘‘, the Vio12 lence Against Women Act of 2000’’; and 

13 (B) by inserting ‘‘, and the Violence 

14 Against Women Reauthorization Act of 2011’’ 

15 before the period at the end; 

16 (2) in subsection (b)— 

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

18 by striking ‘‘Secretary of the Department of 

19 Health and Human Services’’ and inserting 

20 ‘‘Secretary of Health and Human Services, the 

21 Secretary of the Interior,’’; and 

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

23 stalking’’ and inserting ‘‘stalking, and sex traf24 ficking’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

2 submit to Congress an annual report on the annual con3 sultations required under subsection (a) that— 

4 ‘‘(1) contains the recommendations made under 

5 subsection (b) by Indian tribes during the year cov6 ered by the report; 

7 ‘‘(2) describes actions taken during the year 

8 covered by the report to respond to recommenda9 tions made under subsection (b) during the year or 

10 a previous year; and 

11 ‘‘(3) describes how the Attorney General will 

12 work in coordination and collaboration with Indian 

13 tribes, the Secretary of Health and Human Services, 

14 and the Secretary of the Interior to address the rec15 ommendations made under subsection (b). 

16 ‘‘(d) NOTICE.—Not later than 120 days before the 

17 date of a consultation under subsection (a), the Attorney 

18 General shall notify tribal leaders of the date, time, and 

19 location of the consultation.’’. 

20 SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMES21 TIC VIOLENCE. 

22 Title II of Public Law 90–284 (25 U.S.C. 1301 et 

23 seq.) (commonly known as the ‘‘Indian Civil Rights Act 

24 of 1968’’) is amended by adding at the end the following: 


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1 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES2 TIC VIOLENCE. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio5 lence’ means violence committed by a person who is 

6 or has been in a social relationship of a romantic or 

7 intimate nature with the victim, as determined by 

8 the length of the relationship, the type of relation9 ship, and the frequency of interaction between the 

10 persons involved in the relationship. 

11 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes12 tic violence’ means violence committed by a current 

13 or former spouse or intimate partner of the victim, 

14 by a person with whom the victim shares a child in 

15 common, by a person who is cohabitating with or 

16 has cohabitated with the victim as a spouse or inti17 mate partner, or by a person similarly situated to a 

18 spouse of the victim under the domestic- or family19 violence laws of an Indian tribe that has jurisdiction 

20 where the violence occurs. 

21 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian 

22 country’ has the meaning given the term in section 

23 1151 of title 18, United States Code. 

24 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici25 pating tribe’ means an Indian tribe that elects to exVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 ercise special domestic violence criminal jurisdiction 

2 over the Indian country of that Indian tribe. 

3 ‘‘(5) PROTECTION ORDER.—The term ‘protec4 tion order’ has the meaning given the term in sec5 tion 40002(a) of the Violence Against Women Act of 

6 1994 (42 U.S.C. 13925(a)). 

7 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL

8 JURISDICTION.—The term ‘special domestic violence 

9 criminal jurisdiction’ means the criminal jurisdiction 

10 that a participating tribe may exercise under this 

11 section but could not otherwise exercise. 

12 ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The 

13 term ‘spouse or intimate partner’ has the meaning 

14 given the term in section 2266 of title 18, United 

15 States Code. 

16 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, in addition to any power of self19 government recognized and affirmed by sections 201 

20 and 203, the power of self-government of a partici21 pating tribe include the inherent power of that tribe, 

22 which is hereby recognized and affirmed, to exercise 

23 special domestic violence criminal jurisdiction over 

24 all persons. 


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1 ‘‘(2) CONCURRENT JURISDICTION.—The exer2 cise of special domestic violence criminal jurisdiction 

3 by a participating tribe shall be concurrent with the 

4 jurisdiction of the United States, of a State, or of 

5 both, of an offense described in subsection (c). 

6 ‘‘(3) APPLICABILITY.—Nothing in this sec7 tion— 

8 ‘‘(A) creates or eliminates any Federal or 

9 State criminal jurisdiction over Indian country; 

10 or 

11 ‘‘(B) affects the authority of the United 

12 States or any State government that has been 

13 delegated authority by the United States to in14 vestigate and prosecute a criminal violation in 

15 Indian country. 

16 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

17 exercise special domestic violence criminal jurisdiction over 

18 a defendant for criminal conduct that falls into one or 

19 more of the following categories: 

20 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO21 LENCE.—An act of domestic violence or dating vio22 lence that occurs in the Indian country of the par23 ticipating tribe. 

24 ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— 

25 An act that— 


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1 ‘‘(A) occurs in the Indian country of the 

2 participating tribe; and 

3 ‘‘(B) violates the relevant portion of a pro4 tection order that— 

5 ‘‘(i) was issued against the defendant; 

6 ‘‘(ii) is enforceable by the partici7 pating tribe; and 

8 ‘‘(iii) is consistent with section 

9 2265(b) of title 18, United States Code. 

10 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

11 ‘‘(1) NON-INDIAN VICTIMS AND DEFEND12 ANTS.—In a criminal proceeding in which a partici13 pating tribe exercises special domestic violence crimi14 nal jurisdiction, the case shall be dismissed if— 

15 ‘‘(A) the defendant files a pretrial motion 

16 to dismiss on the grounds that the alleged of17 fense did not involve an Indian; and 

18 ‘‘(B) the participating tribe fails to prove 

19 that the defendant or an alleged victim is an 

20 Indian. 

21 ‘‘(2) TIES TO INDIAN TRIBE.—In a criminal 

22 proceeding in which a participating tribe exercises 

23 special domestic violence criminal jurisdiction, the 

24 case shall be dismissed if— 


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1 ‘‘(A) the defendant files a pretrial motion 

2 to dismiss on the grounds that the defendant 

3 and the alleged victim lack sufficient ties to the 

4 Indian tribe; and 

5 ‘‘(B) the prosecuting tribe fails to prove 

6 that the defendant or an alleged victim— 

7 ‘‘(i) resides in the Indian country of 

8 the participating tribe; 

9 ‘‘(ii) is employed in the Indian coun10 try of the participating tribe; or 

11 ‘‘(iii) is a spouse or intimate partner 

12 of a member of the participating tribe. 

13 ‘‘(3) WAIVER.—A knowing and voluntary fail14 ure of a defendant to file a pretrial motion described 

15 in paragraph (1) or (2) shall be considered a waiver 

16 of the right to seek a dismissal under this sub17 section. 

18 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro19 ceeding in which a participating tribe exercises special do20 mestic violence criminal jurisdiction, the participating 

21 tribe shall provide to the defendant— 

22 ‘‘(1) all applicable rights under this Act; 

23 ‘‘(2) if a term of imprisonment of any length is 

24 imposed, all rights described in section 202(c); and 


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1 ‘‘(3) all other rights whose protection is nec2 essary under the Constitution of the United States 

3 in order for Congress to recognize and affirm the in4 herent power of the participating tribe to exercise 

5 special domestic violence criminal jurisdiction over 

6 the defendant. 

7 ‘‘(f) PETITIONS TO STAY DETENTION.— 

8 ‘‘(1) IN GENERAL.—A person who is detained 

9 by a participating tribe pending trial under an exer10 cise of special domestic violence criminal jurisdiction 

11 and has filed a petition for a writ of habeas corpus 

12 in a court of the United States under section 203 

13 may petition that court to stay further detention of 

14 that person by the participating tribe. 

15 ‘‘(2) GRANT OF STAY.—A court shall grant a 

16 stay described in paragraph (1) if the court— 

17 ‘‘(A) finds that there is a substantial likeli18 hood that the habeas corpus petition will be 

19 granted; and 

20 ‘‘(B) after giving each alleged victim in the 

21 matter an opportunity to be heard, finds by 

22 clear and convincing evidence that under condi23 tions imposed by the court, the petitioner is not 

24 likely to flee or pose a danger to any person or 

25 the community if released. 


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1 ‘‘(g) 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 to 

8 strengthen— 

9 ‘‘(A) law enforcement (including the capac10 ity to enter information into and obtain infor11 mation from national crime information data12 bases); 

13 ‘‘(B) prosecution; 

14 ‘‘(C) trial and appellate courts; 

15 ‘‘(D) probation systems; 

16 ‘‘(E) detention and correctional facilities; 

17 ‘‘(F) alternative rehabilitation centers; 

18 ‘‘(G) culturally appropriate services and 

19 assistance for victims and their families; and 

20 ‘‘(H) criminal codes and rules of criminal 

21 procedure, appellate procedure, and evidence; 

22 ‘‘(2) to provide indigent criminal defendants 

23 with the effective assistance of licensed defense 

24 counsel, at no cost to the defendant, in criminal pro25 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, and consistent with tribal law and cus13 tom. 

14 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts 

15 made available under this section shall supplement and 

16 not supplant any other Federal, State, tribal, or local gov17 ernment amounts made available to carry out activities de18 scribed in this section. 

19 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $5,000,000 for each of 

21 fiscal years 2012 through 2016 to carry out subsection 

22 (g) and to provide training, technical assistance, data col23 lection, and evaluation of the criminal justice systems of 

24 participating tribes.’’. 


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1 SEC. 905. TRIBAL PROTECTION ORDERS. 

2 Section 2265 of title 18, United States Code, is 

3 amended by striking subsection (e) and inserting the fol4 lowing: 

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 take other appropriate 

11 measures, in matters arising anywhere in the Indian coun12 try of the Indian tribe (as defined in section 1151) or oth13 erwise within the authority of the Indian tribe.’’. 

14 SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STAT15 UTE. 

16 (a) IN GENERAL.—Section 113 of title 18, United 

17 States Code, is amended— 

18 (1) in subsection (a)— 

19 (A) by striking paragraph (1) and insert20 ing the following: 

21 ‘‘(1) Assault with intent to commit murder or 

22 a violation of section 2241 or 2242, by a fine under 

23 this title, imprisonment for not more than 20 years, 

24 or both.’’; 


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1 (B) in paragraph (2), by striking ‘‘felony 

2 under chapter 109A’’ and inserting ‘‘violation 

3 of section 2241 or 2242’’; 

4 (C) in paragraph (3) by striking ‘‘and 

5 without just cause or excuse,’’; 

6 (D) in paragraph (4), by striking ‘‘six 

7 months’’ and inserting ‘‘1 year’’; 

8 (E) in paragraph (7)— 

9 (i) by striking ‘‘substantial bodily in10 jury to an individual who has not attained 

11 the age of 16 years’’ and inserting ‘‘sub12 stantial bodily injury to a spouse or inti13 mate partner, a dating partner, or an indi14 vidual who has not attained the age of 16 

15 years’’; and 

16 (ii) by striking ‘‘fine’’ and inserting 

17 ‘‘a fine’’; and 

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

19 ‘‘(8) Assault of a spouse, intimate partner, or 

20 dating partner by strangling, suffocating, or at21 tempting to strangle or suffocate, by a fine under 

22 this title, imprisonment for not more than 10 years, 

23 or both.’’; and 

24 (2) in subsection (b)— 


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1 (A) by striking ‘‘(b) As used in this sub2 section—’’ and inserting the following: 

3 ‘‘(b) DEFINITIONS.—In this section—’’; 

4 (B) in paragraph (1)(B), by striking 

5 ‘‘and’’ at the end; 

6 (C) in paragraph (2), by striking the pe7 riod at the end and inserting a semicolon; and 

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

9 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

10 intimate partner’ have the meanings given those 

11 terms in section 2266; 

12 ‘‘(4) the term ‘strangling’ means intentionally, 

13 knowingly, or recklessly impeding the normal breath14 ing or circulation of the blood of a person by apply15 ing pressure to the throat or neck, regardless of 

16 whether that conduct results in any visible injury or 

17 whether there is any intent to kill or protractedly in18 jure the victim; and 

19 ‘‘(5) the term ‘suffocating’ means intentionally, 

20 knowingly, or recklessly impeding the normal breath21 ing of a person by covering the mouth of the person, 

22 the nose of the person, or both, regardless of wheth23 er that conduct results in any visible injury or 

24 whether there is any intent to kill or protractedly in25 jure the victim.’’. 


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1 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

2 18, United States Code, is amended by striking ‘‘assault 

3 with intent to commit murder, assault with a dangerous 

4 weapon, assault resulting in serious bodily injury (as de5 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

6 assault under section 113’’. 

7 (c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 

8 of title 18, United States Code, is amended by inserting 

9 ‘‘or tribal’’ after ‘‘State’’. 

10 SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

11 INDIAN WOMEN. 

12 (a) IN GENERAL.—Section 904(a) of the Violence 

13 Against Women and Department of Justice Reauthoriza14 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend15 ed— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘The National’’ and insert18 ing ‘‘Not later than 2 years after the date of 

19 enactment of the Violence Against Women Re20 authorization Act of 2011, the National’’; and 

21 (B) by inserting ‘‘and in Native villages’’ 

22 (as defined in section 3 of the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 1602))’’ be24 fore the period at the end; 

25 (2) in paragraph (2)(A)— 


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1 (A) in clause (iv), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (v), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

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

6 ‘‘(vi) sex trafficking.’’; 

7 (3) in paragraph (4), by striking ‘‘this Act’’ and 

8 inserting ‘‘the Violence Against Women Reauthoriza9 tion Act of 2011’’; and 

10 (4) in paragraph (5), by striking ‘‘this section 

11 $1,000,000 for each of fiscal years 2007 and 2008’’ 

12 and inserting ‘‘this subsection $1,000,000 for each 

13 of fiscal years 2012 and 2013’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 905(b)(2) of the Violence Against Women and Depart16 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

17 534 note) is amended by striking ‘‘fiscal years 2007 

18 through 2011’’ and inserting ‘‘fiscal years 2012 through 

19 2016’’. 

20 SEC. 908. EFFECTIVE DATES; PILOT PROJECT. 

21 (a) GENERAL EFFECTIVE DATE.—Except as pro22 vided in subsection (b), the amendments made by this title 

23 shall take effect on the date of enactment of this Act. 

24 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO25 LENCE CRIMINAL JURISDICTION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), subsections (b) through (e) of section 204 

3 of Public Law 90–284 (as added by section 904) 

4 shall take effect on the date that is 2 years after the 

5 date of enactment of this Act. 

6 (2) PILOT PROJECT.— 

7 (A) IN GENERAL.—At any time during the 

8 2-year period beginning on the date of enact9 ment of this Act, an Indian tribe may ask the 

10 Attorney General to designate the tribe as a 

11 participating tribe under section 204(a) of Pub12 lic Law 90–284 on an accelerated basis. 

13 (B) PROCEDURE.—The Attorney General 

14 may grant a request under subparagraph (A) 

15 after coordinating with the Secretary of the In16 terior, consulting with affected Indian tribes, 

17 and concluding that the criminal justice system 

18 of the requesting tribe has adequate safeguards 

19 in place to protect defendants’ rights, consistent 

20 with section 204 of Public Law 90–284. 

21 (C) EFFECTIVE DATES FOR PILOT

22 PROJECTS.—An Indian tribe designated as a 

23 participating tribe under this paragraph may 

24 commence exercising special domestic violence 

25 criminal jurisdiction pursuant to subsections (b) 


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1 through (e) of section 204 of Public Law 90– 

2 284 on a date established by the Attorney Gen3 eral, after consultation with that Indian tribe, 

4 but in no event later than the date that is 2 

5 years after the date of enactment of this Act. 

6 TITLE X—OTHER MATTERS 

7 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

8 ABUSE. 

9 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

10 2243(b) of title 18, United States Code, is amended to 

11 read as follows: 

12 ‘‘(b) OF A WARD.— 

13 ‘‘(1) OFFENSES.— 

14 ‘‘(A) IN GENERAL.—It shall be unlawful 

15 for any person to knowingly engage, or know16 ingly attempt to engage, in a sexual act with 

17 another person who is— 

18 ‘‘(i) in official detention or supervised 

19 by, or otherwise under the control of, the 

20 United States— 

21 ‘‘(I) during or after arrest; 

22 ‘‘(II) after release pretrial; 

23 ‘‘(III) while on bail, probation, 

24 supervised release, or parole; 


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1 ‘‘(IV) after release following a 

2 finding of juvenile delinquency; or 

3 ‘‘(V) after release pending any 

4 further judicial proceedings; 

5 ‘‘(ii) under the professional custodial, 

6 supervisory, or disciplinary control or au7 thority of the person engaging or attempt8 ing to engage in the sexual act; and 

9 ‘‘(iii) at the time of the sexual act— 

10 ‘‘(I) in the special maritime and 

11 territorial jurisdiction of the United 

12 States; 

13 ‘‘(II) in a Federal prison, or in 

14 any prison, institution, or facility in 

15 which persons are held in custody by 

16 direction of, or pursuant to a contract 

17 or agreement with, the United States; 

18 or 

19 ‘‘(III) under supervision or other 

20 control by the United States, or by di21 rection of, or pursuant to a contract 

22 or agreement with, the United States. 

23 ‘‘(B) SEXUAL CONTACT.—It shall be un24 lawful for any person to knowingly engage in 

25 sexual contact with, or cause sexual contact by, 


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1 another person, if to do so would violate sub2 paragraph (A) had the sexual contact been a 

3 sexual act. 

4 ‘‘(2) PENALTIES.— 

5 ‘‘(A) IN GENERAL.—A person that violates 

6 paragraph (1)(A) shall— 

7 ‘‘(i) be fined under this title, impris8 oned for not more than 15 years, or both; 

9 and 

10 ‘‘(ii) if, in the course of committing 

11 the violation of paragraph (1), the person 

12 engages in conduct that would constitute 

13 an offense under section 2241 or 2242 if 

14 committed in the special maritime and ter15 ritorial jurisdiction of the United States, 

16 be subject to the penalties provided for 

17 under section 2241 or 2242, respectively. 

18 ‘‘(B) SEXUAL CONTACT.—A person that 

19 violates paragraph (1)(B) shall be fined under 

20 this title, imprisoned for not more than 2 years, 

21 or both.’’. 

22 (b) PENALTIES FOR SEXUAL ABUSE.— 

23 (1) IN GENERAL.—Chapter 13 of title 18, 

24 United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘§ 250. Penalties for sexual abuse 

2 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

3 in the course of committing an offense under this chapter 

4 or under section 901 of the Fair Housing Act (42 U.S.C. 

5 3631) to engage in conduct that would constitute an of6 fense under chapter 109A if committed in the special mar7 itime and territorial jurisdiction of the United States. 

8 ‘‘(b) PENALTIES.—A person that violates subsection 

9 (a) shall be subject to the penalties under the provision 

10 of chapter 109A that would have been violated if the con11 duct was committed in the special maritime and territorial 

12 jurisdiction of the United States, unless a greater penalty 

13 is otherwise authorized by law.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 13 of title 

16 18, United States Code, is amended by adding at 

17 the end the following: 

‘‘250. Penalties for sexual abuse.’’. 

18 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

19 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

20 Rights of Institutionalized Persons Act (42 U.S.C. 

21 1997e(e)) is amended by inserting before the period at the 

22 end the following: ‘‘or the commission of a sexual act (as 

23 defined in section 2246 of title 18, United States Code)’’. 

24 (b) UNITED STATES AS DEFENDANT.—Section 

25 1346(b)(2) of title 28, United States Code, is amended 


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1 by inserting before the period at the end the following: 

2 ‘‘or the commission of a sexual act (as defined in section 

3 2246 of title 18)’’. 

4 (c) ADOPTION AND EFFECT OF NATIONAL STAND5 ARDS.—Section 8 of the Prison Rape Elimination Act of 

6 2003 (42 U.S.C. 15607) is amended— 

7 (1) by redesignating subsection (c) as sub8 section (e); and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP12 ERATED BY THE DEPARTMENT OF HOMELAND SECU13 RITY.— 

14 ‘‘(1) IN GENERAL.—Not later than 180 days 

15 after the date of enactment of the Violence Against 

16 Women Reauthorization Act of 2011, the Secretary 

17 of Homeland Security shall publish a final rule 

18 adopting national standards for the detection, pre19 vention, reduction, and punishment of rape and sex20 ual assault in facilities that maintain custody of 

21 aliens detained for a violation of the immigrations 

22 laws of the United States. 

23 ‘‘(2) APPLICABILITY.—The standards adopted 

24 under paragraph (1) shall apply to detention facili25 ties operated by the Department of Homeland SecuVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6401 E:\BILLS\S1925.RS S1925

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1 rity and to detention facilities operated under con2 tract with the Department. 

3 ‘‘(3) COMPLIANCE.—The Secretary of Home4 land Security shall— 

5 ‘‘(A) assess compliance with the standards 

6 adopted under paragraph (1) on a regular 

7 basis; and 

8 ‘‘(B) include the results of the assessments 

9 in performance evaluations of facilities com10 pleted by the Department of Homeland Secu11 rity. 

12 ‘‘(4) CONSIDERATIONS.—In adopting standards 

13 under paragraph (1), the Secretary of Homeland Se14 curity shall give due consideration to the rec15 ommended national standards provided by the Com16 mission under section 7(e). 

17 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP18 ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN

19 SERVICES.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of the Violence Against 

22 Women Reauthorization Act of 2011, the Secretary 

23 of Health and Human Services shall publish a final 

24 rule adopting national standards for the detection, 

25 prevention, reduction, and punishment of rape and 


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1 sexual assault in facilities that maintain custody of 

2 unaccompanied alien children (as defined in section 

3 462(g) of the Homeland Security Act of 2002 (6 

4 U.S.C. 279(g))). 

5 ‘‘(2) APPLICABILITY.—The standards adopted 

6 under paragraph (1) shall apply to facilities operated 

7 by the Department of Health and Human Services 

8 and to facilities operated under contract with the 

9 Department. 

10 ‘‘(3) COMPLIANCE.—The Secretary of Health 

11 and Human Services 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 Health and 

18 Human Services. 

19 ‘‘(4) CONSIDERATIONS.—In adopting standards 

20 under paragraph (1), the Secretary of Health and 

21 Human Services shall give due consideration to the 

22 recommended national standards provided by the 

23 Commission under section 7(e).’’. 


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1 SECTION 1. SHORT TITLE. 

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

3 Reauthorization Act of 2011’’. 

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. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Grants to Indian tribal governments. 

Sec. 902. Grants to Indian tribal coalitions. 

Sec. 903. Consultation. 

Sec. 904. Tribal jurisdiction over crimes of domestic violence. 

Sec. 905. Tribal protection orders. 

Sec. 906. Amendments to the Federal assault statute. 

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

Sec. 908. Effective dates; pilot project. 

Sec. 909. Indian law and order commission. 

TITLE X—OTHER MATTERS 

Sec. 1001. Criminal provisions relating to sexual abuse. 

Sec. 1002. Sexual abuse in custodial settings. 

Sec. 1003. Anonymous online harassment. 

Sec. 1004. Stalker database. 

Sec. 1005. Federal victim assistants reauthorization. 

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

reauthorization. 


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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 of 

3 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; 

21 (J) paragraphs (34) and (35) as para22 graphs (43) and (44); and 

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


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1 (2) by inserting before paragraph (2), as redesig2 nated, the following: 

3 ‘‘(1) ALASKA NATIVE VILLAGE.—The term ‘Alas4 ka Native village’ has the same meaning given such 

5 term in the Alaska Native Claims Settlement Act (43 

6 U.S.C. 1601 et seq.).’’; 

7 (3) in paragraph (3), as redesignated, by strik8 ing ‘‘serious harm.’’ and inserting ‘‘serious harm to 

9 an unemancipated minor.’’; 

10 (4) in paragraph (4), as redesignated, by strik11 ing ‘‘The term’’ through ‘‘that—’’ and inserting ‘‘The 

12 term ‘community-based organization’ means a non13 profit, nongovernmental, or tribal organization that 

14 serves a specific geographic community that—’’; 

15 (5) by striking paragraph (5), as in effect before 

16 the amendments made by this subsection; 

17 (6) by inserting after paragraph (7), as redesig18 nated, the following: 

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

20 term ‘culturally specific services’ means community21 based services that include culturally relevant and 

22 linguistically specific services and resources to cul23 turally specific communities. 

24 ‘‘(7) CULTURALLY SPECIFIC.—The term ‘cul25 turally specific’ means primarily directed toward raVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 E:\BILLS\S1925.RS S1925

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1 cial and ethnic minority groups (as defined in section 

2 1707(g) of the Public Health Service Act (42 U.S.C. 

3 300u–6(g)).’’; 

4 (7) in paragraph (8), as redesignated, by insert5 ing ‘‘or intimate partner’’ after ‘‘former spouse’’ and 

6 ‘‘as a spouse’’; 

7 (8) by inserting after paragraph (11), as redesig8 nated, the following: 

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

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

11 (9) in paragraph (18), as redesignated, by in12 serting ‘‘or Village Public Safety Officers’’ after ‘‘gov13 ernment victim service programs; 

14 (10) in paragraph (21), as redesignated, by in15 serting at the end the following: 

16 ‘‘Intake or referral, by itself, does not constitute legal 

17 assistance.’’; 

18 (11) by striking paragraph (17), as in effect be19 fore the amendments made by this subsection; 

20 (12) by amending paragraph (20), as redesig21 nated, to read as follows: 

22 ‘‘(20) PERSONALLY IDENTIFYING INFORMATION

23 OR PERSONAL INFORMATION.—The term ‘personally 

24 identifying information’ or ‘personal information’ 

25 means individually identifying information for or 


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1 about an individual including information likely to 

2 disclose the location of a victim of domestic violence, 

3 dating violence, sexual assault, or stalking, regardless 

4 of whether the information is encoded, encrypted, 

5 hashed, or otherwise protected, including— 

6 ‘‘(A) a first and last name; 

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

8 ‘‘(C) contact information (including a post9 al, e-mail or Internet protocol address, or tele10 phone or facsimile number); 

11 ‘‘(D) a social security number, driver li12 cense number, passport number, or student iden13 tification number; and 

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

15 of birth, racial or ethnic background, or religious 

16 affiliation, that would serve to identify any indi17 vidual.’’; 

18 (13) by inserting after paragraph (20), as redes19 ignated, the following: 

20 ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— 

21 The term ‘population specific organization’ means a 

22 nonprofit, nongovernmental organization that pri23 marily serves members of a specific underserved popu24 lation and has demonstrated experience and expertise 


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1 providing targeted services to members of that specific 

2 underserved population. 

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

4 term ‘population specific services’ means victim-cen5 tered services that address the safety, health, eco6 nomic, legal, housing, workplace, immigration, con7 fidentiality, or other needs of victims of domestic vio8 lence, dating violence, sexual assault, or stalking, and 

9 that are designed primarily for and are targeted to 

10 a specific underserved population.’’; 

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

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

13 (15) by inserting after paragraph (24), as redes14 ignated, the following: 

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

16 crisis center’ means a nonprofit, nongovernmental, or 

17 tribal organization, or governmental entity in a State 

18 other than a Territory that provides intervention and 

19 related assistance, as specified in 42 U.S.C. 

20 14043g(b)(2)(C), to victims of sexual assault without 

21 regard to their age. In the case of a governmental en22 tity, the entity may not be part of the criminal jus23 tice system (such as a law enforcement agency) and 

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1 tiality as a nonprofit entity that provides similar vic2 tim services.’’; 

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

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

5 after the semicolon; 

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

7 period and inserting ‘‘; or’’; and 

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

9 ‘‘(C) any federally recognized Indian 

10 tribe.’’; 

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

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

13 and 

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

15 ‘‘250,000’’; 

16 (18) by striking paragraph (28), as redesignated, 

17 and inserting the following: 

18 ‘‘(28) SEXUAL ASSAULT.—The term ‘sexual as19 sault’ means any nonconsensual sexual act proscribed 

20 by Federal, tribal, or State law, including when the 

21 victim lacks capacity to consent.’’; 

22 (19) by inserting after paragraph (28), as redes23 ignated, the following: 

24 ‘‘(29) SEX TRAFFICKING.—The term ‘sex traf25 ficking’ means any conduct proscribed by 18 U.S.C. 


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1 1591, whether or not the conduct occurs in interstate 

2 or foreign commerce or within the special maritime 

3 and territorial jurisdiction of the United States.’’; 

4 (20) by striking paragraph (35), as redesignated, 

5 and inserting the following: 

6 ‘‘(35) TRIBAL COALITION.—The term ‘tribal coa7 lition’ means an established nonprofit, nongovern8 mental Indian organization or a Native Hawaiian 

9 organization that— 

10 ‘‘(A) provides education, support, and tech11 nical assistance to member Indian service pro12 viders in a manner that enables those member 

13 providers to establish and maintain culturally 

14 appropriate services, including shelter and rape 

15 crisis services, designed to assist Indian women 

16 and the dependents of those women who are vic17 tims of domestic violence, dating violence, sexual 

18 assault, and stalking; and 

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

20 members that are representative of— 

21 ‘‘(i) the member service providers de22 scribed in subparagraph (A); and 

23 ‘‘(ii) the tribal communities in which 

24 the services are being provided;’’; 


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1 (21) by amending paragraph (39), as redesig2 nated, to read as follows: 

3 ‘‘(39) UNDERSERVED POPULATIONS.—The term 

4 ‘underserved populations’ means populations who face 

5 barriers in accessing and using victim services, and 

6 includes populations underserved because of geo7 graphic location, religion, sexual orientation, gender 

8 identity, underserved racial and ethnic populations, 

9 populations underserved because of special needs (such 

10 as language barriers, disabilities, alienage status, or 

11 age), and any other population determined to be un12 derserved by the Attorney General or by the Secretary 

13 of Health and Human Services, as appropriate.’’; 

14 (22) by inserting after paragraph (39), as redes15 ignated, the following: 

16 ‘‘(40) UNIT OF LOCAL GOVERNMENT.—The term 

17 ‘unit of local government’ means any city, county, 

18 township, town, borough, parish, village, or other gen19 eral purpose political subdivision of a State.’’; 

20 (23) by striking paragraph (36), as in effect be21 fore the amendments made by this subsection, and in22 serting the following: 

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

24 terms ‘victim services’ and ‘services’ means services 

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1 lence, sexual assault, or stalking, including telephonic 

2 or web-based hotlines, legal advocacy, economic advo3 cacy, emergency and transitional shelter, accompani4 ment and advocacy through medical, civil or criminal 

5 justice, immigration, and social support systems, cri6 sis intervention, short-term individual and group 

7 support services, information and referrals, culturally 

8 specific services, population specific services, and 

9 other related supportive services. 

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

11 ‘victim service provider’ means a nonprofit, non12 governmental or tribal organization or rape crisis 

13 center, including a State or tribal coalition, that as14 sists or advocates for domestic violence, dating vio15 lence, sexual assault, or stalking victims, including 

16 domestic violence shelters, faith-based organizations, 

17 and other organizations, with a documented history of 

18 effective work concerning domestic violence, dating vi19 olence, sexual assault, or stalking.’’; and 

20 (24) by striking paragraph (43), as redesignated, 

21 and inserting the following: 

22 ‘‘(43) YOUTH.—The term ‘youth’ means a person 

23 who is 11 to 24 years old.’’. 


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

2 40002 of the Violence Against Women Act of 1994 (42 

3 U.S.C. 13925(b)) is amended— 

4 (1) in paragraph (2)— 

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

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

7 ‘‘(i) disclose, reveal, or release any per8 sonally identifying information or indi9 vidual information collected in connection 

10 with services requested, utilized, or denied 

11 through grantees’ and subgrantees’ pro12 grams, regardless of whether the informa13 tion has been encoded, encrypted, hashed, or 

14 otherwise protected; or 

15 ‘‘(ii) disclose, reveal, or release indi16 vidual client information without the in17 formed, written, reasonably time-limited 

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

19 unemancipated minor, the minor and the 

20 parent or guardian or in the case of legal 

21 incapacity, a court-appointed guardian) 

22 about whom information is sought, whether 

23 for this program or any other Federal, 

24 State, tribal, or territorial grant program, 

25 except that consent for release may not be 


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1 given by the abuser of the minor, incapaci2 tated person, or the abuser of the other par3 ent of the minor. 

4 If a minor or a person with a legally appointed 

5 guardian is permitted by law to receive services 

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

7 minor or person with a guardian may release 

8 information without additional consent.’’; 

9 (B) by amending subparagraph (D), to read 

10 as follows: 

11 ‘‘(D) INFORMATION SHARING.— 

12 ‘‘(i) Grantees and subgrantees may 

13 share— 

14 ‘‘(I) nonpersonally identifying 

15 data in the aggregate regarding serv16 ices to their clients and nonpersonally 

17 identifying demographic information 

18 in order to comply with Federal, State, 

19 tribal, or territorial reporting, evalua20 tion, or data collection requirements; 

21 ‘‘(II) court-generated information 

22 and law enforcement-generated infor23 mation contained in secure, govern24 mental registries for protection order 

25 enforcement purposes; and 


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1 ‘‘(III) law enforcement-generated 

2 and prosecution-generated information 

3 necessary for law enforcement and 

4 prosecution purposes. 

5 ‘‘(ii) In no circumstances may— 

6 ‘‘(I) an adult, youth, or child vic7 tim of domestic violence, dating vio8 lence, sexual assault, or stalking be re9 quired to provide a consent to release 

10 his or her personally identifying infor11 mation as a condition of eligibility for 

12 the services provided by the grantee or 

13 subgrantee; 

14 ‘‘(II) any personally identifying 

15 information be shared in order to com16 ply with Federal, tribal, or State re17 porting, evaluation, or data collection 

18 requirements, whether for this program 

19 or any other Federal, tribal, or State 

20 grant program.’’; 

21 (C) by redesignating subparagraph (E) as 

22 subparagraph (F); 

23 (D) by inserting after subparagraph (D) the 

24 following: 


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1 ‘‘(E) STATUTORILY MANDATED REPORTS OF

2 ABUSE OR NEGLECT.—Nothing in this section 

3 prohibits a grantee or subgrantee from reporting 

4 suspected abuse or neglect, as those terms are de5 fined and specifically mandated by the State or 

6 tribe involved.’’; and 

7 (E) by inserting after subparagraph (F), as 

8 redesignated, the following: 

9 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

10 ASSURANCES.—Grantees and subgrantees must 

11 document their compliance with the confiden12 tiality and privacy provisions required under 

13 this section.’’; 

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

15 following: 

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

17 the activities under this title, grantees and sub18 grantees may collaborate with or provide information 

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

20 officials and agencies to develop and implement poli21 cies and develop and promote State, local, or tribal 

22 legislation or model codes designed to reduce or elimi23 nate domestic violence, dating violence, sexual assault, 

24 and stalking.’’; 


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

2 following: 

3 ‘‘Final reports of such evaluations shall be made 

4 available to the public via the agency’s website.’’; and 

5 (4) by inserting after paragraph (11) the fol6 lowing: 

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

8 grantee or subgrantee providing legal assistance with 

9 funds awarded under this title shall comply with the 

10 eligibility requirements in section 1201(d) of the Vio11 lence Against Women Act of 2000 (42 U.S.C. 3796gg– 

12 6(d)). 

13 ‘‘(13) CIVIL RIGHTS.— 

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

15 the United States shall, on the basis of actual or 

16 perceived race, color, religion, national origin, 

17 sex, gender identity (as defined in paragraph 

18 249(c)(4) of title 18, United States Code), sexual 

19 orientation, or disability, be excluded from par20 ticipation in, be denied the benefits of, or be sub21 jected to discrimination under any program or 

22 activity funded in whole or in part with funds 

23 made available under the Violence Against 

24 Women Act of 1994 (title IV of Public Law 103– 

25 322; 108 Stat. 1902), the Violence Against 


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1 Women Act of 2000 (division B of Public Law 

2 106–386; 114 Stat. 1491), the Violence Against 

3 Women and Department of Justice Reauthoriza4 tion Act of 2005 (title IX of Public Law 109– 

5 162; 119 Stat. 3080), the Violence Against 

6 Women Reauthorization Act of 2011, and any 

7 other program or activity funded in whole or in 

8 part with funds appropriated for grants, cooper9 ative agreements, and other assistance adminis10 tered by the Office on Violence Against Women. 

11 ‘‘(B) EXCEPTION.—If sex segregation or sex12 specific programming is necessary to the essen13 tial operation of a program, nothing in this 

14 paragraph shall prevent any such program or 

15 activity from consideration of an individual’s 

16 sex. In such circumstances, grantees may meet 

17 the requirements of this paragraph by providing 

18 comparable services to individuals who cannot be 

19 provided with the sex-segregated or sex-specific 

20 programming. 

21 ‘‘(C) DISCRIMINATION.—The authority of 

22 the Attorney General and the Office of Justice 

23 Programs to enforce this paragraph shall be the 

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

25 United States Code. 


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1 ‘‘(D) CONSTRUCTION.—Nothing contained 

2 in this paragraph shall be construed, interpreted, 

3 or applied to supplant, displace, preempt, or oth4 erwise diminish the responsibilities and liabil5 ities under other State or Federal civil rights 

6 law, whether statutory or common. 

7 ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND

8 LEGAL ASSISTANCE.—Victim services and legal assist9 ance under this title also include services and assist10 ance to victims of domestic violence, dating violence, 

11 sexual assault, or stalking who are also victims of se12 vere forms of trafficking in persons as defined by sec13 tion 103 of the Trafficking Victims Protection Act of 

14 2000 (22 U.S.C. 7102). 

15 ‘‘(15) CONFERRAL.— 

16 ‘‘(A) IN GENERAL.—The Office on Violence 

17 Against Women shall establish a biennial con18 ferral process with State and tribal coalitions 

19 and technical assistance providers who receive 

20 funding through grants administered by the Of21 fice on Violence Against Women and authorized 

22 by this Act, and other key stakeholders. 

23 ‘‘(B) AREAS COVERED.—The areas of con24 ferral under this paragraph shall include— 

25 ‘‘(i) the administration of grants; 


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1 ‘‘(ii) unmet needs; 

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

3 and 

4 ‘‘(iv) emerging trends. 

5 ‘‘(C) INITIAL CONFERRAL.—The first con6 ferral shall be initiated not later than 6 months 

7 after the date of enactment of the Violence 

8 Against Women Reauthorization Act of 2011. 

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

10 after the conclusion of each conferral period, the 

11 Office on Violence Against Women shall publish 

12 a comprehensive report that— 

13 ‘‘(i) summarizes the issues presented 

14 during conferral and what, if any, policies 

15 it intends to implement to address those 

16 issues; 

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

18 the Office on Violence Against Women’s 

19 website and submitted to the Committee on 

20 the Judiciary of the Senate and the Com21 mittee on the Judiciary of the House of 

22 Representatives. 

23 ‘‘(16) ACCOUNTABILITY.—All grants awarded by 

24 the Attorney General under this Act shall be subject 

25 to the following accountability provisions: 


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1 ‘‘(A) AUDIT REQUIREMENT.— 

2 ‘‘(i) IN GENERAL.—Beginning in the 

3 first fiscal year beginning after the date of 

4 the enactment of this Act, and in each fiscal 

5 year thereafter, the Inspector General of the 

6 Department of Justice shall conduct audits 

7 of recipients of grants under this Act to pre8 vent waste, fraud, and abuse of funds by 

9 grantees. The Inspector General shall deter10 mine the appropriate number of grantees to 

11 be audited each year. 

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

13 the term ‘unresolved audit finding’ means a 

14 finding in the final audit report of the In15 spector General of the Department of Jus16 tice that the audited grantee has utilized 

17 grant funds for an unauthorized expendi18 ture or otherwise unallowable cost that is 

19 not closed or resolved within 12 months 

20 from the date when the final audit report is 

21 issued. 

22 ‘‘(iii) MANDATORY EXCLUSION.—A re23 cipient of grant funds under this Act that 

24 is found to have an unresolved audit find25 ing shall not be eligible to receive grant 


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1 funds under this Act during the following 2 

2 fiscal years. 

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

4 under this Act, the Attorney General shall 

5 give priority to eligible entities that did not 

6 have an unresolved audit finding during the 

7 3 fiscal years prior to submitting an appli8 cation for a grant under this Act. 

9 ‘‘(v) REIMBURSEMENT.—If an entity is 

10 awarded grant funds under this Act during 

11 the 2-fiscal-year period in which the entity 

12 is barred from receiving grants under para13 graph (2), the Attorney General shall— 

14 ‘‘(I) deposit an amount equal to 

15 the grant funds that were improperly 

16 awarded to the grantee into the Gen17 eral Fund of the Treasury; and 

18 ‘‘(II) seek to recoup the costs of 

19 the repayment to the fund from the 

20 grant recipient that was erroneously 

21 awarded grant funds. 

22 ‘‘(B) NONPROFIT ORGANIZATION REQUIRE23 MENTS.— 

24 ‘‘(i) DEFINITION.—For purposes of this 

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1 scribed in this Act, the term ‘nonprofit or2 ganization’ means an organization that is 

3 described in section 501(c)(3) of the Inter4 nal Revenue Code of 1986 and is exempt 

5 from taxation under section 501(a) of such 

6 Code. 

7 ‘‘(ii) PROHIBITION.—The Attorney 

8 General may not award a grant under any 

9 grant program described in this Act to a 

10 nonprofit organization that holds money in 

11 offshore accounts for the purpose of avoiding 

12 paying the tax described in section 511(a) 

13 of the Internal Revenue Code of 1986. 

14 ‘‘(iii) DISCLOSURE.—Each nonprofit 

15 organization that is awarded a grant under 

16 a grant program described in this Act and 

17 uses the procedures prescribed in regulations 

18 to create a rebuttable presumption of rea19 sonableness for the compensation of its offi20 cers, directors, trustees and key employees, 

21 shall disclose to the Attorney General, in the 

22 application for the grant, the process for de23 termining such compensation, including the 

24 independent persons involved in reviewing 

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1 parability data used, and contemporaneous 

2 substantiation of the deliberation and deci3 sion. Upon request, the Attorney General 

4 shall make the information disclosed under 

5 this subsection available for public inspec6 tion. 

7 ‘‘(C) CONFERENCE EXPENDITURES.— 

8 ‘‘(i) LIMITATION.—No amounts author9 ized to be appropriated to the Department 

10 of Justice under this Act may be used by 

11 the Attorney General, or by any individual 

12 or organization awarded discretionary 

13 funds through a cooperative agreement 

14 under this Act, to host or support any ex15 penditure for conferences that uses more 

16 than $20,000 in Department funds, unless 

17 the Deputy Attorney General or such Assist18 ant Attorney Generals, Directors, or prin19 cipal deputies as the Deputy Attorney Gen20 eral may designate, provides prior written 

21 authorization that the funds may be ex22 pended to host a conference. 

23 ‘‘(ii) WRITTEN APPROVAL.—Written 

24 approval under clause (i) shall include a 

25 written estimate of all costs associated with 


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1 the conference, including the cost of all food 

2 and beverages, audiovisual equipment, 

3 honoraria for speakers, and any entertain4 ment. 

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

6 General shall submit an annual report to 

7 the Committee on the Judiciary of the Sen8 ate and the Committee on the Judiciary of 

9 the House of Representatives on all ap10 proved conference expenditures referenced in 

11 this paragraph. 

12 ‘‘(D) ANNUAL CERTIFICATION.—Beginning 

13 in the first fiscal year beginning after the date 

14 of the enactment of this Act, the Attorney Gen15 eral shall submit, to the Committee on the Judi16 ciary and the Committee on Appropriations of 

17 the Senate and the Committee on the Judiciary 

18 and the Committee on Appropriations of the 

19 House of Representatives, an annual certifi20 cation that— 

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

22 the Inspector General under paragraph (1) 

23 have been completed and reviewed by the 

24 appropriate Assistant Attorney General or 

25 Director; 


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1 ‘‘(ii) all mandatory exclusions required 

2 under subparagraph (A)(iii) have been 

3 issued; 

4 ‘‘(iii) all reimbursements required 

5 under subparagraph (A)(v) have been made; 

6 and 

7 ‘‘(iv) includes a list of any grant re8 cipients excluded under subparagraph (A) 

9 from the previous year.’’. 

10 SEC. 4. EFFECTIVE DATE. 

11 Except as otherwise specifically provided in this Act, 

12 the provisions of titles I, II, III, IV, VII, and sections 602, 

13 901, and 902 of this Act shall not take effect until the begin14 ning of the fiscal year following the date of enactment of 

15 this Act. 

16 TITLE I—ENHANCING JUDICIAL 

17 AND LAW ENFORCEMENT 

18 TOOLS TO COMBAT VIOLENCE 

19 AGAINST WOMEN 

20 SEC. 101. STOP GRANTS. 

21 Title I of the Omnibus Crime Control and Safe Streets 

22 Act of 1968 (42 U.S.C. 3711 et seq.) is amended— 

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

24 3793(a)(18)), by striking ‘‘$225,000,000 for each of 

25 fiscal years 2007 through 2011’’ and inserting 


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1 ‘‘$222,000,000 for each of fiscal years 2012 through 

2 2016’’; 

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

4 (A) in the matter preceding paragraph 

5 (1)— 

6 (i) by striking ‘‘equipment’’ and in7 serting ‘‘resources’’; and 

8 (ii) by inserting ‘‘for the protection 

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

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

11 assault’’ and all that follows through ‘‘dating vi12 olence’’ and inserting ‘‘domestic violence, dating 

13 violence, sexual assault, and stalking, including 

14 the appropriate use of nonimmigrant status 

15 under subparagraphs (T) and (U) of section 

16 101(a)(15) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a))’’; 

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

19 assault and domestic violence’’ and inserting 

20 ‘‘domestic violence, dating violence, sexual as21 sault, and stalking’’; 

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

23 assault and domestic violence’’ and inserting 

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1 sault, and stalking, as well as the appropriate 

2 treatment of victims’’; 

3 (E) in paragraph (4)— 

4 (i) by striking ‘‘sexual assault and do5 mestic violence’’ and inserting ‘‘domestic vi6 olence, dating violence, sexual assault, and 

7 stalking’’; and 

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

9 ‘‘identifying’’; 

10 (F) in paragraph (5)— 

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

12 after ‘‘victim services’’; 

13 (ii) by striking ‘‘domestic violence and 

14 dating violence’’ and inserting ‘‘domestic vi15 olence, dating violence, and stalking’’; and 

16 (iii) by striking ‘‘sexual assault and 

17 domestic violence’’ and inserting ‘‘domestic 

18 violence, dating violence, sexual assault, 

19 and stalking’’; 

20 (G) by striking paragraph (6) and redesig21 nating paragraphs (7) through (14) as para22 graphs (6) through (13), respectively; 

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

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

25 and domestic violence’’ and inserting ‘‘domestic 


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1 violence, dating violence, sexual assault, and 

2 stalking’’; 

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

4 subparagraph (G), by striking ‘‘and dating vio5 lence’’ and inserting ‘‘dating violence, and stalk6 ing’’; 

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

8 subparagraph (G), by striking ‘‘domestic violence 

9 or sexual assault’’ and inserting ‘‘ domestic vio10 lence, dating violence, sexual assault, or stalk11 ing’’; 

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

13 subparagraph (G)— 

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

15 ‘‘triage protocols to ensure that dangerous 

16 or potentially lethal cases are identified and 

17 prioritized’’ and inserting ‘‘the use of evi18 dence-based indicators to assess the risk of 

19 domestic and dating violence homicide and 

20 prioritize dangerous or potentially lethal 

21 cases’’; and 

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

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

24 subparagraph (G)— 


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1 (i) by striking ‘‘to provide’’ and insert2 ing ‘‘providing’’; 

3 (ii) by striking ‘‘nonprofit nongovern4 mental’’; 

5 (iii) by striking the comma after ‘‘local 

6 governments’’; 

7 (iv) in the matter following subpara8 graph (C), by striking ‘‘paragraph (14)’’ 

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

10 (v) by striking the period at the end 

11 and inserting a semicolon; and 

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

13 redesignated by subparagraph (G), the following: 

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

15 tribal legislation and policies that enhance best prac16 tices for responding to domestic violence, dating vio17 lence, sexual assault, and stalking; 

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

19 Sexual Assault Response Teams, or other similar co20 ordinated community responses to sexual assault; 

21 ‘‘(16) developing and strengthening policies, pro22 tocols, best practices, and training for law enforce23 ment agencies and prosecutors relating to the inves24 tigation and prosecution of sexual assault cases and 

25 the appropriate treatment of victims; 


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

2 programs addressing sexual assault against men, 

3 women, and youth in correctional and detention set4 tings; 

5 ‘‘(18) identifying and conducting inventories of 

6 backlogs of sexual assault evidence collection kits and 

7 developing protocols and policies for responding to 

8 and addressing such backlogs, including protocols and 

9 policies for notifying and involving victims; 

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

11 programs and projects to provide services and re12 sponses targeting male and female victims of domestic 

13 violence, dating violence, sexual assault, or stalking, 

14 whose ability to access traditional services and re15 sponses is affected by their sexual orientation or gen16 der identity, as defined in section 249(c) of title 18, 

17 United States Code; and 

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

19 prevention and educational programming to address 

20 domestic violence, dating violence, sexual assault, or 

21 stalking, with not more than 5 percent of the amount 

22 allocated to a State to be used for this purpose.’’; 

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


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1 (A) in subsection (a), by striking ‘‘nonprofit 

2 nongovernmental victim service programs’’ and 

3 inserting ‘‘victim service providers’’; 

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

5 including populations of Indian tribes)’’; 

6 (C) in subsection (c)— 

7 (i) by striking paragraph (2) and in8 serting the following: 

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

10 plan for implementation and shall consult and co11 ordinate with— 

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

13 ‘‘(B) the State domestic violence coalition; 

14 ‘‘(C) the law enforcement entities within the 

15 State; 

16 ‘‘(D) prosecution offices; 

17 ‘‘(E) State and local courts; 

18 ‘‘(F) Tribal governments in those States 

19 with State or federally recognized Indian tribes; 

20 ‘‘(G) representatives from underserved pop21 ulations, including culturally specific popu22 lations; 

23 ‘‘(H) victim service providers; 

24 ‘‘(I) population specific organizations; and 


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1 ‘‘(J) other entities that the State or the At2 torney General identifies as needed for the plan3 ning process;’’; 

4 (ii) by redesignating paragraph (3) as 

5 paragraph (4); 

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

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

8 ‘‘(3) grantees shall coordinate the State imple9 mentation plan described in paragraph (2) with the 

10 State plans described in section 307 of the Family Vi11 olence Prevention and Services Act (42 U.S.C. 10407) 

12 and the programs described in section 1404 of the 

13 Victims of Crime Act of 1984 (42 U.S.C. 10603) and 

14 section 393A of the Public Health Service Act (42 

15 U.S.C. 280b–1b).’’; 

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

17 by clause (ii)— 

18 (I) in subparagraph (A), by strik19 ing ‘‘and not less than 25 percent shall 

20 be allocated for prosecutors’’; 

21 (II) by redesignating subpara22 graphs (B) and (C) as subparagraphs 

23 (C) and (D); 

24 (III) by inserting after subpara25 graph (A), the following: 


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1 ‘‘(B) not less than 25 percent shall be allo2 cated for prosecutors;’’; and 

3 (IV) in subparagraph (D) as re4 designated by subclause (II) by strik5 ing ‘‘for’’ and inserting ‘‘to’’; and 

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

7 ‘‘(5) not later than 2 years after the date of en8 actment of this Act, and every year thereafter, not less 

9 than 20 percent of the total amount granted to a 

10 State under this subchapter shall be allocated for pro11 grams or projects in 2 or more allocations listed in 

12 paragraph (4) that meaningfully address sexual as13 sault, including stranger rape, acquaintance rape, al14 cohol or drug-facilitated rape, and rape within the 

15 context of an intimate partner relationship.’’; 

16 (D) by striking subsection (d) and inserting 

17 the following: 

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

19 for a grant under this section shall include— 

20 ‘‘(1) the certifications of qualification required 

21 under subsection (c); 

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

23 for the payment of forensic medical exams and judi24 cial notification, described in section 2010; 


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

2 for paying fees and costs relating to domestic violence 

3 and protection order cases, described in section 2011 

4 of this title; 

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

6 prohibiting polygraph examinations of victims of sex7 ual assault, described in section 2013 of this title; 

8 ‘‘(5) an implementation plan required under 

9 subsection (i); and 

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

11 General may require.’’; 

12 (E) in subsection (e)— 

13 (i) in paragraph (2)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘domestic violence and sexual as16 sault’’ and inserting ‘‘domestic vio17 lence, dating violence, sexual assault, 

18 and stalking’’; and 

19 (II) in subparagraph (D), by 

20 striking ‘‘linguistically and’’; and 

21 (ii) by adding at the end the following: 

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

23 this part, the Attorney General may impose reason24 able conditions on grant awards to ensure that the 


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1 States meet statutory, regulatory, and other program 

2 requirements.’’; 

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

4 at the end and inserting ‘‘, except that, for pur5 poses of this subsection, the costs of the projects 

6 for victim services or tribes for which there is an 

7 exemption under section 40002(b)(1) of the Vio8 lence Against Women Act of 1994 (42 U.S.C. 

9 13925(b)(1)) shall not count toward the total 

10 costs of the projects.’’; and 

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

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

13 a grant under this part shall— 

14 ‘‘(1) develop an implementation plan in con15 sultation with the entities listed in subsection (c)(2), 

16 that identifies how the State will use the funds 

17 awarded under this part, including how the State 

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

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

20 ‘‘(A) the implementation plan developed 

21 under paragraph (1); 

22 ‘‘(B) documentation from each member of 

23 the planning committee as to their participation 

24 in the planning process; 


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1 ‘‘(C) documentation from the prosecution, 

2 law enforcement, court, and victim services pro3 grams to be assisted, describing— 

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

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

6 funds; 

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

8 funds; and 

9 ‘‘(iv) the demographic characteristics of 

10 the populations to be served, including age, 

11 disability, race, ethnicity, and language 

12 background; 

13 ‘‘(D) a description of how the State will en14 sure that any subgrantees will consult with vic15 tim service providers during the course of devel16 oping their grant applications in order to ensure 

17 that the proposed activities are designed to pro18 mote the safety, confidentiality, and economic 

19 independence of victims; 

20 ‘‘(E) demographic data on the distribution 

21 of underserved populations within the State and 

22 a description of how the State will meet the 

23 needs of underserved populations, including the 

24 minimum allocation for population specific serv25 ices required under subsection (c)(4)(C); 


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1 ‘‘(F) a description of how the State plans to 

2 meet the regulations issued pursuant to sub3 section (e)(2); 

4 ‘‘(G) goals and objectives for reducing do5 mestic violence-related homicides within the 

6 State; and 

7 ‘‘(H) any other information requested by 

8 the Attorney General. 

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

10 returned or remaining funds for any authorized purpose 

11 under this part if— 

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

13 part are returned to the State; or 

14 ‘‘(2) the State does not receive sufficient eligible 

15 applications to award the full funding within the al16 locations in subsection (c)(4)’’; 

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

18 (A) in subsection (a), by striking paragraph 

19 (1) and inserting the following: 

20 ‘‘(1) IN GENERAL.—A State, Indian tribal gov21 ernment, or unit of local government shall not be enti22 tled to funds under this subchapter unless the State, 

23 Indian tribal government, unit of local government, 

24 or another governmental entity— 


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1 ‘‘(A) incurs the full out-of-pocket cost of fo2 rensic medical exams described in subsection (b) 

3 for victims of sexual assault; and 

4 ‘‘(B) coordinates with health care providers 

5 in the region to notify victims of sexual assault 

6 of the availability of rape exams at no cost to the 

7 victims.’’; 

8 (B) in subsection (b)— 

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

10 after the semicolon; 

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

12 or’’ and inserting a period; and 

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

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

15 follows: 

16 ‘‘(d) NONCOOPERATION.— 

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

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

19 unit of local government shall comply with subsection 

20 (b) without regard to whether the victim participates 

21 in the criminal justice system or cooperates with law 

22 enforcement. 

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

24 and Indian tribal governments shall have 3 years 


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

2 compliance with this section.’’; and 

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

4 5(a)(1))— 

5 (A) by inserting ‘‘modification, enforcement, 

6 dismissal, withdrawal’’ after ‘‘registration,’’ each 

7 place it appears; 

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

9 assault, or stalking’’ after ‘‘felony domestic vio10 lence’’; and 

11 (C) by striking ‘‘victim of domestic vio12 lence’’ and all that follows through ‘‘sexual as13 sault’’ and inserting ‘‘victim of domestic vio14 lence, dating violence, sexual assault, or stalk15 ing’’. 

16 SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND 

17 ENFORCEMENT OF PROTECTION ORDERS. 

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

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

20 3796hh et seq.) is amended— 

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

22 (A) in subsection (b)— 

23 (i) in the matter preceding paragraph 

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1 lows through ‘‘units of local government’’ 

2 and inserting ‘‘grantees’’; 

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

4 ‘‘and enforcement of protection orders across 

5 State and tribal lines’’ before the period; 

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

7 ‘‘and training in police departments to im8 prove tracking of cases’’ and inserting 

9 ‘‘data collection systems, and training in 

10 police departments to improve tracking of 

11 cases and classification of complaints’’; 

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

13 ‘‘and provide the appropriate training and 

14 education about domestic violence, dating 

15 violence, sexual assault, and stalking’’ after 

16 ‘‘computer tracking systems’’; 

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

18 ‘‘and other victim services’’ after ‘‘legal ad19 vocacy service programs’’; 

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

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

22 tribal, territorial, and local judges, courts, 

23 and court-based and court-related per24 sonnel’’; 


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

2 ‘‘and sexual assault’’ and inserting ‘‘dating 

3 violence, sexual assault, and stalking’’; 

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

5 ‘‘non-profit, non-governmental victim serv6 ices organizations,’’ and inserting ‘‘victim 

7 service providers, staff from population spe8 cific organizations,’’; and 

9 (ix) by adding at the end the following: 

10 ‘‘(14) To develop and implement training pro11 grams for prosecutors and other prosecution-related 

12 personnel regarding best practices to ensure offender 

13 accountability, victim safety, and victim consultation 

14 in cases involving domestic violence, dating violence, 

15 sexual assault, and stalking. 

16 ‘‘(15) To develop or strengthen policies, protocols, 

17 and training for law enforcement, prosecutors, and 

18 the judiciary in recognizing, investigating, and pros19 ecuting instances of domestic violence, dating violence, 

20 sexual assault, and stalking against immigrant vic21 tims, including the appropriate use of applications 

22 for nonimmigrant status under subparagraphs (T) 

23 and (U) of section 101(a)(15) of the Immigration and 

24 Nationality Act (8 U.S.C. 1101(a)(15)). 


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

2 tribal legislation and policies that enhance best prac3 tices for responding to the crimes of domestic violence, 

4 dating violence, sexual assault, and stalking, includ5 ing the appropriate treatment of victims. 

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

7 assault nurse examiner programs or sexual assault fo8 rensic examiner programs, including the hiring and 

9 training of such examiners. 

10 ‘‘(18) To develop, implement, or enhance Sexual 

11 Assault Response Teams or similar coordinated com12 munity responses to sexual assault. 

13 ‘‘(19) To develop and strengthen policies, proto14 cols, and training for law enforcement officers and 

15 prosecutors regarding the investigation and prosecu16 tion of sexual assault cases and the appropriate treat17 ment of victims. 

18 ‘‘(20) To provide human immunodeficiency virus 

19 testing programs, counseling, and prophylaxis for vic20 tims of sexual assault. 

21 ‘‘(21) To identify and inventory backlogs of sex22 ual assault evidence collection kits and to develop pro23 tocols for responding to and addressing such backlogs, 

24 including policies and protocols for notifying and in25 volving victims. 


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

2 teams focusing on reducing domestic violence and dat3 ing violence homicides by— 

4 ‘‘(A) using evidence-based indicators to as5 sess the risk of homicide and link high-risk vic6 tims to immediate crisis intervention services; 

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

8 offenders; and 

9 ‘‘(C) providing ongoing victim advocacy 

10 and referrals to comprehensive services including 

11 legal, housing, health care, and economic assist12 ance.’’; 

13 (B) in subsection (c)— 

14 (i) in paragraph (1)— 

15 (I) in the matter preceding sub16 paragraph (A), by inserting ‘‘except for 

17 a court,’’ before ‘‘certify’’; and 

18 (II) by redesignating subpara19 graphs (A) and (B) as clauses (i) and 

20 (ii), and adjusting the margin accord21 ingly; 

22 (ii) in paragraph (2), by inserting ‘‘ex23 cept for a court,’’ before ‘‘demonstrate’’; 

24 (iii) in paragraph (3)— 


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1 (I) by striking ‘‘spouses’’ each 

2 place it appears and inserting ‘‘par3 ties’’; and 

4 (II) by striking ‘‘spouse’’ and in5 serting ‘‘party’’; 

6 (iv) in paragraph (4)— 

7 (I) by inserting ‘‘, dating violence, 

8 sexual assault, or stalking’’ after ‘‘fel9 ony domestic violence’’; 

10 (II) by inserting ‘‘modification, 

11 enforcement, dismissal,’’ after ‘‘reg12 istration,’’ each place it appears; 

13 (III) by inserting ‘‘dating vio14 lence,’’ after ‘‘victim of domestic vio15 lence,’’; and 

16 (IV) by striking ‘‘and’’ at the end; 

17 (v) in paragraph (5)— 

18 (I) in the matter preceding sub19 paragraph (A), by striking ‘‘, not later 

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

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

22 sentencing for’’ after ‘‘investigation of’’ 

23 each place it appears; 

24 (III) by redesignating subpara25 graphs (A) and (B) as clauses (i) and 


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1 (ii), and adjusting the margin accord2 ingly; 

3 (IV) in clause (ii), as redesignated 

4 by subclause (III) of this clause, by 

5 striking ‘‘subparagraph (A)’’ and in6 serting ‘‘clause (i)’’; and 

7 (V) by striking the period at the 

8 end and inserting ‘‘; and’’; 

9 (vi) by redesignating paragraphs (1) 

10 through (5), as amended by this subpara11 graph, as subparagraphs (A) through (E), 

12 respectively; 

13 (vii) in the matter preceding subpara14 graph (A), as redesignated by clause (v) of 

15 this subparagraph— 

16 (I) by striking the comma that 

17 immediately follows another comma; 

18 and 

19 (II) by striking ‘‘grantees are 

20 States’’ and inserting the following: 

21 ‘‘grantees are— 

22 ‘‘(1) States’’; and 

23 (viii) by adding at the end the fol24 lowing: 


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1 ‘‘(2) a State, tribal, or territorial domestic vio2 lence or sexual assault coalition or a victim service 

3 provider that partners with a State, Indian tribal 

4 government, or unit of local government that certifies 

5 that the State, Indian tribal government, or unit of 

6 local government meets the requirements under para7 graph (1).’’; 

8 (C) in subsection (d)— 

9 (i) in paragraph (1)— 

10 (I) in the matter preceding sub11 paragraph (A), by inserting ‘‘, policy,’’ 

12 after ‘‘law’’; and 

13 (II) in subparagraph (A), by in14 serting ‘‘and the defendant is in cus15 tody or has been served with the infor16 mation or indictment’’ before the semi17 colon; and 

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

19 and inserting ‘‘its’’; and 

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

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

22 amounts appropriated for purposes of this part for each fis23 cal year, not less than 5 percent shall be available for grants 

24 under section 2001 of title I of the Omnibus Crime Control 

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


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

2 amounts appropriated for purposes of this part for each fis3 cal year, not less than 25 percent shall be available for 

4 projects that address sexual assault, including stranger 

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

6 and rape within the context of an intimate partner rela7 tionship.’’; and 

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

9 1(a))— 

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

11 after ‘‘tribal government,’’; and 

12 (B) in paragraph (4), by striking ‘‘non13 profit, private sexual assault and domestic vio14 lence programs’’ and inserting ‘‘victim service 

15 providers and, as appropriate, population spe16 cific organizations’’. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 1001(a)(19) of title I of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amend20 ed— 

21 (1) by striking ‘‘$75,000,000’’ and all that fol22 lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 for 

23 each of fiscal years 2012 through 2016.’’; and 

24 (2) by striking the period that immediately fol25 lows another period. 


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1 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

2 Section 1201 of the Violence Against Women Act of 

3 2000 (42 U.S.C. 3796gg–6) is amended— 

4 (1) in subsection (a)— 

5 (A) in the first sentence, by striking ‘‘aris6 ing as a consequence of’’ and inserting ‘‘relating 

7 to or arising out of’’; and 

8 (B) in the second sentence, by inserting ‘‘or 

9 arising out of’’ after ‘‘relating to’’; 

10 (2) in subsection (b)— 

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

12 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; and 

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

14 after ‘‘definitions’’; 

15 (3) in subsection (c)— 

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

17 services organizations’’ and inserting ‘‘victim 

18 service providers’’; and 

19 (B) by striking paragraph (3) and inserting 

20 the following: 

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

22 and projects to provide competent, supervised pro 

23 bono legal assistance for victims of domestic violence, 

24 dating violence, sexual assault, or stalking, except 

25 that not more than 10 percent of the funds awarded 


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1 under this section may be used for the purpose de2 scribed in this paragraph.’’; 

3 (4) in subsection (d)— 

4 (A) in paragraph (1), by striking ‘‘this sec5 tion has completed’’ and all that follows and in6 serting the following: ‘‘this section—’’ 

7 ‘‘(A) has demonstrated expertise in pro8 viding legal assistance to victims of domestic vio9 lence, dating violence, sexual assault, or stalking 

10 in the targeted population; or 

11 ‘‘(B)(i) is partnered with an entity or per12 son that has demonstrated expertise described in 

13 subparagraph (A); and 

14 ‘‘(ii) has completed, or will complete, train15 ing in connection with domestic violence, dating 

16 violence, stalking, or sexual assault and related 

17 legal issues, including training on evidence-based 

18 risk factors for domestic and dating violence 

19 homicide;’’; and 

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

21 organization’’ and inserting ‘‘stalking victim 

22 service provider’’; and 

23 (5) in subsection (f) in paragraph (1), by strik24 ing ‘‘this section’’ and all that follows and inserting 


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1 the following: ‘‘this section $57,000,000 for each of fis2 cal years 2012 through 2016.’’. 

3 SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMI4 LIES IN THE JUSTICE SYSTEM. 

5 (a) IN GENERAL.—Title III of division B of the Vic6 tims of Trafficking and Violence Protection Act of 2000 

7 (Public Law 106–386; 114 Stat. 1509) is amended by strik8 ing the section preceding section 1302 (42 U.S.C. 10420), 

9 as amended by section 306 of the Violence Against Women 

10 and Department of Justice Reauthorization Act of 2005 

11 (Public Law 109–162; 119 Stat. 316), and inserting the fol12 lowing: 

13 ‘‘SEC. 1301. GRANTS TO SUPPORT FAMILIES IN THE JUS14 TICE SYSTEM. 

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

16 grants to States, units of local government, courts (includ17 ing juvenile courts), Indian tribal governments, nonprofit 

18 organizations, legal services providers, and victim services 

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

20 and criminal justice system to families with a history of 

21 domestic violence, dating violence, sexual assault, or stalk22 ing, or in cases involving allegations of child sexual abuse. 

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

24 be used to— 


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1 ‘‘(1) provide supervised visitation and safe visi2 tation exchange of children and youth by and between 

3 parents in situations involving domestic violence, dat4 ing violence, child sexual abuse, sexual assault, or 

5 stalking; 

6 ‘‘(2) develop and promote State, local, and tribal 

7 legislation, policies, and best practices for improving 

8 civil and criminal court functions, responses, prac9 tices, and procedures in cases involving a history of 

10 domestic violence or sexual assault, or in cases involv11 ing allegations of child sexual abuse, including cases 

12 in which the victim proceeds pro se; 

13 ‘‘(3) educate court-based and court-related per14 sonnel and court-appointed personnel (including cus15 tody evaluators and guardians ad litem) and child 

16 protective services workers on the dynamics of domes17 tic violence, dating violence, sexual assault, and stalk18 ing, including information on perpetrator behavior, 

19 evidence-based risk factors for domestic and dating vi20 olence homicide, and on issues relating to the needs 

21 of victims, including safety, security, privacy, and 

22 confidentiality, including cases in which the victim 

23 proceeds pro se; 

24 ‘‘(4) provide appropriate resources in juvenile 

25 court matters to respond to dating violence, domestic 


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1 violence, sexual assault (including child sexual abuse), 

2 and stalking and ensure necessary services dealing 

3 with the health and mental health of victims are 

4 available; 

5 ‘‘(5) enable courts or court-based or court-related 

6 programs to develop or enhance— 

7 ‘‘(A) court infrastructure (such as special8 ized courts, consolidated courts, dockets, intake 

9 centers, or interpreter services); 

10 ‘‘(B) community-based initiatives within 

11 the court system (such as court watch programs, 

12 victim assistants, pro se victim assistance pro13 grams, or community-based supplementary serv14 ices); 

15 ‘‘(C) offender management, monitoring, and 

16 accountability programs; 

17 ‘‘(D) safe and confidential information-stor18 age and information-sharing databases within 

19 and between court systems; 

20 ‘‘(E) education and outreach programs to 

21 improve community access, including enhanced 

22 access for underserved populations; and 

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

24 responses to domestic violence, dating violence, 

25 sexual assault, and stalking; 


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

2 services, including legal information and resources in 

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

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

5 ‘‘(B) nonoffending parents in matters— 

6 ‘‘(i) that involve allegations of child 

7 sexual abuse; 

8 ‘‘(ii) that relate to family matters, in9 cluding civil protection orders, custody, and 

10 divorce; and 

11 ‘‘(iii) in which the other parent is rep12 resented by counsel; 

13 ‘‘(7) collect data and provide training and tech14 nical assistance, including developing State, local, 

15 and tribal model codes and policies, to improve the 

16 capacity of grantees and communities to address the 

17 civil justice needs of victims of domestic violence, dat18 ing violence, sexual assault, and stalking who have 

19 legal representation, who are proceeding pro se, or 

20 who are proceeding with the assistance of a legal ad21 vocate; and 

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

23 judges, judicial personnel, attorneys, child welfare 

24 personnel, and legal advocates in the civil justice sys25 tem. 


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1 ‘‘(c) CONSIDERATIONS.— 

2 ‘‘(1) IN GENERAL.—In making grants for pur3 poses described in paragraphs (1) through (7) of sub4 section (b), the Attorney General shall consider— 

5 ‘‘(A) the number of families to be served by 

6 the proposed programs and services; 

7 ‘‘(B) the extent to which the proposed pro8 grams and services serve underserved popu9 lations; 

10 ‘‘(C) the extent to which the applicant dem11 onstrates cooperation and collaboration with 

12 nonprofit, nongovernmental entities in the local 

13 community with demonstrated histories of effec14 tive work on domestic violence, dating violence, 

15 sexual assault, or stalking, including State or 

16 tribal domestic violence coalitions, State or trib17 al sexual assault coalitions, local shelters, and 

18 programs for domestic violence and sexual as19 sault victims; and 

20 ‘‘(D) the extent to which the applicant dem21 onstrates coordination and collaboration with 

22 State, tribal, and local court systems, including 

23 mechanisms for communication and referral. 

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

25 subsection (b)(8) the Attorney General shall take into 


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1 account the extent to which the grantee has expertise 

2 addressing the judicial system’s handling of family 

3 violence, child custody, child abuse and neglect, adop4 tion, foster care, supervised visitation, divorce, and 

5 parentage. 

6 ‘‘(d) APPLICANT REQUIREMENTS.—The Attorney Gen7 eral may make a grant under this section to an applicant 

8 that— 

9 ‘‘(1) demonstrates expertise in the areas of do10 mestic violence, dating violence, sexual assault, stalk11 ing, or child sexual abuse, as appropriate; 

12 ‘‘(2) ensures that any fees charged to individuals 

13 for use of supervised visitation programs and services 

14 are based on the income of those individuals, unless 

15 otherwise provided by court order; 

16 ‘‘(3) for a court-based program, certifies that vic17 tims of domestic violence, dating violence, sexual as18 sault, or stalking are not charged fees or any other 

19 costs related to the filing, petitioning, modifying, 

20 issuance, registration, enforcement, withdrawal, or 

21 dismissal of matters relating to the domestic violence, 

22 dating violence, sexual assault, or stalking; 

23 ‘‘(4) demonstrates that adequate security meas24 ures, including adequate facilities, procedures, and 

25 personnel capable of preventing violence, and adeVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\BILLS\S1925.RS S1925

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1 quate standards are, or will be, in place (including 

2 the development of protocols or policies to ensure that 

3 confidential information is not shared with courts, 

4 law enforcement agencies, or child welfare agencies 

5 unless necessary to ensure the safety of any child or 

6 adult using the services of a program funded under 

7 this section), if the applicant proposes to operate su8 pervised visitation programs and services or safe visi9 tation exchange; 

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

11 the applicant do not require mediation or counseling 

12 involving offenders and victims being physically 

13 present in the same place, in cases where domestic vi14 olence, dating violence, sexual assault, or stalking is 

15 alleged; 

16 ‘‘(6) certifies that any person providing legal as17 sistance through a program funded under this section 

18 has completed or will complete training on domestic 

19 violence, dating violence, sexual assault, and stalking, 

20 including child sexual abuse, and related legal issues; 

21 and 

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

23 evaluation or guardian ad litem services through a 

24 program funded under this section has completed or 

25 will complete training developed with input from and 


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

2 local domestic violence, dating violence, sexual as3 sault, or stalking victim service provider or coalition 

4 on the dynamics of domestic violence and sexual as5 sault, including child sexual abuse, that includes 

6 training on how to review evidence of past abuse and 

7 the use of evidenced-based theories to make rec8 ommendations on custody and visitation. 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section, 

11 $22,000,000 for each of fiscal years 2012 through 2016. 

12 Amounts appropriated pursuant to this subsection shall re13 main available until expended. 

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

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

16 the total amount available under this section for each 

17 fiscal year shall be available for grants under the pro18 gram authorized by section 3796gg–10 of this title. 

19 ‘‘(2) APPLICABILITY OF PART.—The requirements 

20 of this section shall not apply to funds allocated for 

21 the program described in paragraph (1).’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sub23 title J of the Violence Against Women Act of 1994 (42 

24 U.S.C. 14043 et seq.) is repealed. 


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1 SEC. 105. SEX OFFENDER MANAGEMENT. 

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

3 of 1994 (42 U.S.C. 13941) is amended by striking 

4 ‘‘$5,000,000’’ and all that follows and inserting 

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

6 SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PRO7 GRAM. 

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

9 (42 U.S.C. 13011 et seq.) is amended— 

10 (1) in section 216 (42 U.S.C. 13012), by striking 

11 ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2015’’; 

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

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

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

15 and 

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

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

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

19 the Administrator a report regarding the use of the grant 

20 for the fiscal year, including a discussion of outcome per21 formance measures (which shall be established by the Ad22 ministrator) to determine the effectiveness of the programs 

23 of the organization in meeting the needs of children in the 

24 child welfare system.’’; and 


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

2 striking ‘‘fiscal years 2007 through 2011’’ and insert3 ing ‘‘fiscal years 2012 through 2016’’. 

4 SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, 

5 INCLUDING CYBERSTALKING. 

6 (a) INTERSTATE DOMESTIC VIOLENCE.—Section 

7 2261(a)(1) of title 18, United States Code, is amended— 

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

9 Country or’’; and 

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

11 of such travel’’; 

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

13 States Code, is amended to read as follows: 

14 ‘‘§ 2261A. Stalking 

15 ‘‘Whoever— 

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

17 is present within the special maritime and territorial 

18 jurisdiction of the United States, or enters or leaves 

19 Indian country, with the intent to kill, injure, harass, 

20 intimidate, or place under surveillance with intent to 

21 kill, injure, harass, or intimidate another person, and 

22 in the course of, or as a result of, such travel or pres23 ence engages in conduct that— 

24 ‘‘(A) places that person in reasonable fear of 

25 the death of, or serious bodily injury to— 


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1 ‘‘(i) that person; 

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

3 defined in section 115) of that person; or 

4 ‘‘(iii) a spouse or intimate partner of 

5 that person; or 

6 ‘‘(B) causes, attempts to cause, or would be 

7 reasonably expected to cause substantial emo8 tional distress to a person described in clause (i), 

9 (ii), or (iii) of subparagraph (A); or 

10 ‘‘(2) with the intent to kill, injure, harass, in11 timidate, or place under surveillance with intent to 

12 kill, injure, harass, or intimidate another person, uses 

13 the mail, any interactive computer service or elec14 tronic communication service or electronic commu15 nication system of interstate commerce, or any other 

16 facility of interstate or foreign commerce to engage in 

17 a course of conduct that— 

18 ‘‘(A) places that person in reasonable fear of 

19 the death of or serious bodily injury to a person 

20 described in clause (i), (ii), or (iii) of paragraph 

21 (1)(A); or 

22 ‘‘(B) causes, attempts to cause, or would be 

23 reasonably expected to cause substantial emo24 tional distress to a person described in clause (i), 

25 (ii), or (iii) of paragraph (1)(A), 


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

2 this title.’’. 

3 (c) INTERSTATE VIOLATION OF PROTECTION

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

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

6 Country or’’. 

7 SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED 

8 POPULATIONS GRANT. 

9 Section 120 of the Violence Against Women and De10 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

11 14045) is amended to read as follows: 

12 ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UN13 DERSERVED POPULATIONS. 

14 ‘‘(a) GRANTS AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—Of the amounts appro16 priated under the grant programs identified in para17 graph (2), the Attorney General shall take 2 percent 

18 of such appropriated amounts and combine them to 

19 award grants to eligible entities described in sub20 section (b) of this section to develop and implement 

21 outreach strategies targeted at adult or youth victims 

22 of domestic violence, dating violence, sexual assault, 

23 or stalking in underserved populations and to provide 

24 victim services to meet the needs of adult and youth 

25 victims of domestic violence, dating violence, sexual 


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1 assault, and stalking in underserved populations. The 

2 requirements of the grant programs identified in 

3 paragraph (2) shall not apply to this grant program. 

4 ‘‘(2) PROGRAMS COVERED.—The programs cov5 ered by paragraph (1) are the programs carried out 

6 under the following provisions: 

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

8 Control and Safe Streets Act of 1968 (Grants to 

9 Combat Violent Crimes Against Women). 

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

11 Control and Safe Streets Act of 1968 (Grants to 

12 Encourage Arrest Policies and Enforcement of 

13 Protection Orders Program). 

14 ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities under this 

15 section are— 

16 ‘‘(1) population specific organizations that have 

17 demonstrated experience and expertise in providing 

18 population specific services in the relevant under19 served communities, or population specific organiza20 tions working in partnership with a victim service 

21 provider or domestic violence or sexual assault coali22 tion; 

23 ‘‘(2) victim service providers offering population 

24 specific services for a specific underserved population; 

25 or 


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1 ‘‘(3) victim service providers working in partner2 ship with a national, State, tribal, or local organiza3 tion that has demonstrated experience and expertise 

4 in providing population specific services in the rel5 evant underserved population. 

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

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

8 to make one-time planning grants to eligible entities to sup9 port the planning and development of specially designed 

10 and targeted programs for adult and youth victims in one 

11 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 tar2 geted underserved population or populations, for im3 plementing prevention, outreach and intervention 

4 strategies to address the barriers to accessing services, 

5 promoting community engagement in the prevention 

6 of domestic violence, dating violence, sexual assault, 

7 and stalking within the targeted underserved popu8 lations, and evaluating the program. 

9 ‘‘(d) IMPLEMENTATION GRANTS.—The Attorney Gen10 eral shall make grants to eligible entities for the purpose 

11 of providing or enhancing population specific outreach and 

12 services to adult and youth victims in one or more under13 served 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 specific 

22 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 violence, 

2 sexual assault, or stalking in underserved popu3 lations; or 

4 ‘‘(5) working in cooperation with an underserved 

5 population to develop and implement outreach, edu6 cation, prevention, and intervention strategies that 

7 highlight available resources and the specific issues 

8 faced by victims of domestic violence, dating violence, 

9 sexual assault, or stalking from underserved popu10 lations. 

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

12 under this section shall submit an application to the Direc13 tor of the Office on Violence Against Women at such time, 

14 in such form, and in such manner as the Director may pre15 scribe. 

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

17 under this section shall submit to the Director of the Office 

18 on Violence Against Women a report that describes the ac19 tivities carried out with grant funds. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to the funds identified in subsection (a)(1), there are 

22 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 this 

25 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 U.S.C. 

6 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 ap12 pears; 

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 to 

19 Encourage Arrest Policies and Enforcement of 

20 Protection Orders). 

21 ‘‘(B) Section 14201 of division B of the Vic22 tims of Trafficking and Violence Protection Act 

23 of 2000 (42 U.S.C. 3796gg–6) (Legal Assistance 

24 for Victims). 


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1 ‘‘(C) Section 40295 of the Violence Against 

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

3 Domestic Violence, Dating Violence, Sexual As4 sault, Stalking, and Child Abuse Enforcement 

5 Assistance). 

6 ‘‘(D) Section 40802 of the Violence Against 

7 Women Act of 1994 (42 U.S.C. 14041a) (En8 hanced Training and Services to End Violence 

9 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 Disabil15 ities).’’; 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 non12 governmental or tribal programs and projects to as13 sist individuals who have been victimized by sexual 

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

15 (2) in paragraph (2)— 

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

17 tribal programs and activities’’ after ‘‘non18 governmental organizations’’; and 

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

20 ‘‘linguistically and’’; and 

21 (3) in paragraph (4)— 

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

23 Columbia and Puerto Rico)’’ after ‘‘The Attorney 

24 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 insert4 ing ‘‘0.25 percent’’; and 

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

6 shall be treated as a territory for purposes of cal7 culating its allocation under the preceding for8 mula.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 41601(f)(1) of the Violence Against Women Act of 1994 (42 

11 U.S.C. 14043g(f)(1)) is amended by striking ‘‘$50,000,000 

12 to remain available until expended for each of the fiscal 

13 years 2007 through 2011’’ and inserting ‘‘$40,000,000 to 

14 remain available until expended for each of fiscal years 

15 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 of 

20 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’’ be8 fore 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 period 

17 at the end and inserting ‘‘; and’’; and 

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

19 ‘‘(4) developing, enlarging, or strengthening pro20 grams addressing sexual assault, including sexual as21 sault forensic examiner programs, Sexual Assault Re22 sponse Teams, law enforcement training, and pro23 grams addressing rape kit backlogs. 

24 ‘‘(5) developing programs and strategies that 

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1 lence, dating violence, sexual assault, and stalking 

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

4 by the lack of access to shelters and victims services, 

5 and limited law enforcement resources and training, 

6 and providing training and resources to Community 

7 Health Aides involved in the delivery of Indian 

8 Health Service programs.’’; and 

9 (3) in subsection (e)(1), by striking ‘‘$55,000,000 

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

11 inserting ‘‘$50,000,000 for each of fiscal years 2012 

12 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 assess 

22 the risk of domestic and dating violence homi23 cide)’’ 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 Later 

22 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 services 

9 that are necessary to maintain the health or safety of 

10 an individual in later life. 

11 ‘‘(b) GRANT PROGRAM.— 

12 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen13 eral may make grants to eligible entities to carry out 

14 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, vic24 tim service providers, victim advocates, and 

25 relevant officers in Federal, tribal, State, 


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1 territorial, and local courts in recognizing 

2 and addressing instances of elder abuse; 

3 ‘‘(ii) provide or enhance services for 

4 victims of abuse in later life, including do5 mestic violence, dating violence, sexual as6 sault, stalking, exploitation, and neglect; 

7 ‘‘(iii) establish or support multidisci8 plinary collaborative community responses 

9 to victims of abuse in later life, including 

10 domestic violence, dating violence, sexual 

11 assault, stalking, exploitation, and neglect; 

12 and 

13 ‘‘(iv) conduct cross-training for law en14 forcement agencies, prosecutors, agencies of 

15 States or units of local government, attor16 neys, health care providers, population spe17 cific organizations, faith-based advocates, 

18 victim service providers, and courts to bet19 ter serve victims of abuse in later life, in20 cluding domestic violence, dating violence, 

21 sexual assault, stalking, exploitation, and 

22 neglect. 

23 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible 

24 entity receiving a grant under this section may 

25 use the funds received under the grant to— 


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1 ‘‘(i) provide training programs to as2 sist attorneys, health care providers, faith3 based leaders, or other community-based or4 ganizations in recognizing and addressing 

5 instances of abuse in later life, including 

6 domestic violence, dating violence, sexual 

7 assault, stalking, exploitation, and neglect; 

8 or 

9 ‘‘(ii) conduct outreach activities and 

10 awareness campaigns to ensure that victims 

11 of abuse in later life, including domestic vi12 olence, dating violence, sexual assault, stalk13 ing, exploitation, and neglect receive appro14 priate assistance. 

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

16 waive 1 or more of the activities described in 

17 subparagraph (A) upon making a determination 

18 that the activity would duplicate services avail19 able in the community. 

20 ‘‘(D) LIMITATION.—An eligible entity re21 ceiving a grant under this section may use not 

22 more than 10 percent of the total funds received 

23 under the grant for an activity described in sub24 paragraph (B)(ii). 


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1 ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be eli2 gible to receive a grant under this section if— 

3 ‘‘(A) the entity is— 

4 ‘‘(i) a State; 

5 ‘‘(ii) a unit of local government; 

6 ‘‘(iii) a tribal government or tribal or7 ganization; 

8 ‘‘(iv) a population specific organiza9 tion with demonstrated experience in assist10 ing individuals over 50 years of age; 

11 ‘‘(v) a victim service provider with 

12 demonstrated experience in addressing do13 mestic violence, dating violence, sexual as14 sault, and stalking; or 

15 ‘‘(vi) a State, tribal, or territorial do16 mestic violence or sexual assault coalition; 

17 and 

18 ‘‘(B) the entity demonstrates that it is part 

19 of a multidisciplinary partnership that includes, 

20 at a minimum— 

21 ‘‘(i) a law enforcement agency; 

22 ‘‘(ii) a prosecutor’s office; 

23 ‘‘(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 DIS7 TRICT OF COLUMBIA, AND PUERTO RICO.—A min8 imum allocation of $150,000 shall be awarded in each 

9 fiscal year for each of the States, the District of Co10 lumbia, and Puerto Rico. A minimum allocation of 

11 $35,000 shall be awarded in each fiscal year for each 

12 Territory. Any unused or remaining funds shall be 

13 allotted to each State, the District of Columbia, and 

14 Puerto Rico on the basis of population.’’. 

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

16 SERVICES, AND EDUCATION FOR CHILDREN 

17 AND YOUTH. 

18 Subtitle L of the Violence Against Women Act of 1994 

19 is amended by striking sections 41201 through 41204 (42 

20 U.S.C. 14043c through 14043c–3) and inserting the fol21 lowing: 


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1 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP2 TIONS, SERVICES, AND EDUCATION FOR CHIL3 DREN 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 purpose 

14 areas: 

15 ‘‘(1) SERVICES TO ADVOCATE FOR AND RESPOND

16 TO YOUTH.—To develop, expand, and strengthen vic17 tim-centered interventions and services that target 

18 youth who are victims of domestic violence, dating vi19 olence, sexual assault, and stalking. Services may in20 clude victim services, counseling, advocacy, men21 toring, educational support, transportation, legal as22 sistance in civil, criminal and administrative mat23 ters, such as family law cases, housing cases, child 

24 welfare proceedings, campus administrative pro25 ceedings, and civil protection order proceedings, serv26 ices to address the co-occurrence of sex trafficking, 


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1 population-specific services, and other activities that 

2 support youth in finding safety, stability, and justice 

3 and in addressing the emotional, cognitive, and phys4 ical effects of trauma. Funds may be used to— 

5 ‘‘(A) assess and analyze currently available 

6 services for youth victims of domestic violence, 

7 dating violence, sexual assault, and stalking, de8 termining relevant barriers to such services in a 

9 particular locality, and developing a community 

10 protocol to address such problems collaboratively; 

11 ‘‘(B) develop and implement policies, prac12 tices, and procedures to effectively respond to do13 mestic violence, dating violence, sexual assault, 

14 or stalking against youth; or 

15 ‘‘(C) provide technical assistance and train16 ing to enhance the ability of school personnel, 

17 victim service providers, child protective service 

18 workers, staff of law enforcement agencies, pros19 ecutors, court personnel, individuals who work in 

20 after school programs, medical personnel, social 

21 workers, mental health personnel, and workers in 

22 other programs that serve children and youth to 

23 improve their ability to appropriately respond to 

24 the needs of children and youth who are victims 

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1 sault, and stalking, and to properly refer such 

2 children, youth, and their families to appro3 priate services. 

4 ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION

5 AND PROTECTION.—To enable middle schools, high 

6 schools, and institutions of higher education to— 

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

8 including healthcare providers and security per9 sonnel, on the needs of students who are victims 

10 of domestic violence, dating violence, sexual as11 sault, or stalking; 

12 ‘‘(B) develop and implement prevention and 

13 intervention policies in middle and high schools, 

14 including appropriate responses to, and identi15 fication and referral procedures for, students who 

16 are experiencing or perpetrating domestic vio17 lence, dating violence, sexual assault, or stalking, 

18 and procedures for handling the requirements of 

19 court protective orders issued to or against stu20 dents; 

21 ‘‘(C) provide support services for student 

22 victims of domestic violence, dating violence, sex23 ual assault or stalking, such as a resource person 

24 who is either on-site or on-call; 


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1 ‘‘(D) implement developmentally appro2 priate educational programming for students re3 garding domestic violence, dating violence, sexual 

4 assault, and stalking and the impact of such vio5 lence on youth; or 

6 ‘‘(E) develop strategies to increase identi7 fication, support, referrals, and prevention pro8 gramming for youth who are at high risk of do9 mestic violence, dating violence, sexual assault, 

10 or stalking. 

11 ‘‘(c) ELIGIBLE APPLICANTS.— 

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

13 grant under this section, an entity shall be— 

14 ‘‘(A) a victim service provider, tribal non15 profit, or population-specific or community16 based organization with a demonstrated history 

17 of effective work addressing the needs of youth 

18 who are, including runaway or homeless youth 

19 affected by, victims of domestic violence, dating 

20 violence, sexual assault, or stalking; 

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

22 partnered with an entity that has a dem23 onstrated history of effective work addressing the 

24 needs of youth; or 


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

2 accredited private middle or high school, a school 

3 administered by the Department of Defense 

4 under section 2164 of title 10, United States 

5 Code or section 1402 of the Defense Dependents’ 

6 Education Act of 1978, a group of schools, a 

7 school district, or an institution of higher edu8 cation. 

9 ‘‘(2) PARTNERSHIPS.— 

10 ‘‘(A) EDUCATION.—To be eligible to receive 

11 a grant for the purposes described in subsection 

12 (b)(2), an entity described in paragraph (1) 

13 shall be partnered with a public, charter, tribal, 

14 or nationally accredited private middle or high 

15 school, a school administered by the Department 

16 of Defense under section 2164 of title 10, United 

17 States Code or section 1402 of the Defense De18 pendents’ Education Act of 1978, a group of 

19 schools, a school district, or an institution of 

20 higher education. 

21 ‘‘(B) OTHER PARTNERSHIPS.—All appli22 cants under this section are encouraged to work 

23 in partnership with organizations and agencies 

24 that work with the relevant population. Such en25 tities may include— 


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1 ‘‘(i) a State, tribe, unit of local govern2 ment, or territory; 

3 ‘‘(ii) a population specific or commu4 nity-based organization; 

5 ‘‘(iii) batterer intervention programs 

6 or sex offender treatment programs with 

7 specialized knowledge and experience work8 ing with youth offenders; or 

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

10 nongovernmental organizations with the ca11 pacity to provide effective assistance to the 

12 adult, youth, and child victims served by 

13 the partnership. 

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

15 grants under this section shall establish and implement 

16 policies, practices, and procedures that— 

17 ‘‘(1) require and include appropriate referral 

18 systems for child and youth victims; 

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

20 child and youth victim information, particularly in 

21 the context of parental or third party involvement 

22 and consent, mandatory reporting duties, and work23 ing with other service providers all with priority on 

24 victim safety and autonomy; and 


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1 ‘‘(3) ensure that all individuals providing inter2 vention or prevention programming to children or 

3 youth through a program funded under this section 

4 have completed, or will complete, sufficient training 

5 in connection with domestic violence, dating violence, 

6 sexual assault and stalking. 

7 ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In this 

8 section, the definitions and grant conditions provided for 

9 in section 40002 shall apply. 

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated to carry out this section, 

12 $15,000,000 for each of fiscal years 2012 through 2016. 

13 ‘‘(g) ALLOTMENT.— 

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

15 the total amount appropriated under this section for 

16 each fiscal year shall be used for the purposes de17 scribed in subsection (b)(1). 

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

19 of the total amount appropriated under this section 

20 for each fiscal year shall be made available for grants 

21 under the program authorized by section 2015 of the 

22 Omnibus Crime Control and Safe Streets Act of 1968. 

23 The requirements of this section shall not apply to 

24 funds allocated under this paragraph. 


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1 ‘‘(h) PRIORITY.—The Attorney General shall prioritize 

2 grant applications under this section that coordinate with 

3 prevention programs in the community.’’. 

4 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM5 PUSES. 

6 Section 304 of the Violence Against Women and De7 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

8 14045b) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

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

12 and’’ and inserting ‘‘stalking on cam13 puses,’’; 

14 (ii) by striking ‘‘crimes against women 

15 on’’ and inserting ‘‘crimes on’’; and 

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

17 strengthen prevention education and aware18 ness programs’’ before the period; and 

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

20 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (2)— 

23 (i) by inserting ‘‘, strengthen,’’ after 

24 ‘‘To develop’’; and 


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

2 technology to commit these crimes,’’ after 

3 ‘‘sexual assault and stalking,’’; 

4 (B) in paragraph (4)— 

5 (i) by inserting ‘‘and population spe6 cific services’’ after ‘‘strengthen victim serv7 ices programs’’; 

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

9 and all that follows through ‘‘stalking vic10 tim services programs’’ and inserting ‘‘vic11 tim service providers’’; and 

12 (iii) by inserting ‘‘, regardless of 

13 whether the services are provided by the in14 stitution or in coordination with commu15 nity victim service providers’’ before the pe16 riod at the end; and 

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

18 ‘‘(9) To develop or adapt and provide develop19 mental, culturally appropriate, and linguistically ac20 cessible print or electronic materials to address both 

21 prevention and intervention in domestic violence, dat22 ing violence, sexual violence, and stalking. 

23 ‘‘(10) To develop or adapt population specific 

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1 lence, dating violence, sexual assault, and stalking 

2 from underserved populations on campus.’’; 

3 (3) in subsection (c)— 

4 (A) in paragraph (2)— 

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

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

7 through ‘‘victim services programs’’ and in8 serting ‘‘victim service providers’’; 

9 (ii) by redesignating subparagraphs 

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

11 through (G), respectively; and 

12 (iii) by inserting after subparagraph 

13 (C), the following: 

14 ‘‘(D) describe how underserved populations 

15 in the campus community will be adequately 

16 served, including the provision of relevant popu17 lation specific services;’’; and 

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

19 through 2011’’ and inserting ‘‘2012 through 

20 2016’’; 

21 (4) in subsection (d)— 

22 (A) by redesignating paragraph (3) as 

23 paragraph (4); and 

24 (B) by inserting after paragraph (2), the 

25 following: 


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1 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.—Each 

2 grantee shall comply with the following minimum re3 quirements during the grant period: 

4 ‘‘(A) The grantee shall create a coordinated 

5 community response including both organiza6 tions external to the institution and relevant di7 visions of the institution. 

8 ‘‘(B) The grantee shall establish a manda9 tory prevention and education program on do10 mestic violence, dating violence, sexual assault, 

11 and stalking for all incoming students. 

12 ‘‘(C) The grantee shall train all campus law 

13 enforcement to respond effectively to domestic vi14 olence, dating violence, sexual assault, and stalk15 ing. 

16 ‘‘(D) The grantee shall train all members of 

17 campus disciplinary boards to respond effectively 

18 to situations involving domestic violence, dating 

19 violence, sexual assault, or stalking.’’; and 

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

21 all that follows through the period and inserting 

22 ‘‘there is authorized to be appropriated $12,000,000 

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


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1 SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO2 LENCE, DATING VIOLENCE, AND STALKING 

3 EDUCATION AND PREVENTION. 

4 (a) IN GENERAL.—Section 485(f) of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

6 (1) in paragraph (1)— 

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

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

9 victim of such crime elects or is unable to make 

10 such a report.’’; and 

11 (B) in subparagraph (F)— 

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

13 ‘‘and’’ after the semicolon; 

14 (ii) in clause (ii)— 

15 (I) by striking ‘‘sexual orienta16 tion’’ and inserting ‘‘ national origin, 

17 sexual orientation, gender identity,’’; 

18 and 

19 (II) by striking the period and in20 serting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iii) of domestic violence, dating vio24 lence, and stalking incidents that were re25 ported to campus security authorities or 

26 local police agencies.’’; 


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1 (2) in paragraph (3), by inserting ‘‘, that with2 holds the names of victims as confidential,’’ after 

3 ‘‘that is timely’’; 

4 (3) in paragraph (6)(A)— 

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

6 (iii) as clauses (ii), (iii), and (iv), respectively; 

7 (B) by inserting before clause (ii), as redes8 ignated by subparagraph (A), the following: 

9 ‘‘(i) The terms ‘dating violence’, ‘domestic vio10 lence’, and ‘stalking’ have the meaning given such 

11 terms in section 40002(a) of the Violence Against 

12 Women Act of 1994 (42 U.S.C. 13925(a)).’’; and 

13 (C) by inserting after clause (iv), as redesig14 nated by subparagraph (A), the following: 

15 ‘‘(v) The term ‘sexual assault’ means an offense 

16 classified as a forcible or nonforcible sex offense under 

17 the uniform crime reporting system of the Federal 

18 Bureau of Investigation.’’; 

19 (4) in paragraph (7)— 

20 (A) by striking ‘‘paragraph (1)(F)’’ and in21 serting ‘‘clauses (i) and (ii) of paragraph 

22 (1)(F)’’; and 

23 (B) by inserting after ‘‘Hate Crime Statis24 tics Act.’’ the following: ‘‘For the offenses of do25 mestic violence, dating violence, and stalking, 


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1 such statistics shall be compiled in accordance 

2 with the definitions used in section 40002(a) of 

3 the Violence Against Women Act of 1994 (42 

4 U.S.C. 13925(a)).’’; 

5 (5) by striking paragraph (8) and inserting the 

6 following: 

7 ‘‘(8)(A) Each institution of higher education partici8 pating in any program under this title and title IV of the 

9 Economic Opportunity Act of 1964, other than a foreign 

10 institution of higher education, shall develop and distribute 

11 as part of the report described in paragraph (1) a statement 

12 of policy regarding— 

13 ‘‘(i) such institution’s programs to prevent do14 mestic violence, dating violence, sexual assault, and 

15 stalking; and 

16 ‘‘(ii) the procedures that such institution will fol17 low once an incident of domestic violence, dating vio18 lence, sexual assault, or stalking has been reported. 

19 ‘‘(B) The policy described in subparagraph (A) shall 

20 address the following areas: 

21 ‘‘(i) Education programs to promote the aware22 ness of rape, acquaintance rape, domestic violence, 

23 dating violence, sexual assault, and stalking, which 

24 shall include— 


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1 ‘‘(I) primary prevention and awareness 

2 programs for all incoming students and new em3 ployees, which shall include— 

4 ‘‘(aa) a statement that the institution 

5 of higher education prohibits the offenses of 

6 domestic violence, dating violence, sexual 

7 assault, and stalking; 

8 ‘‘(bb) the definition of domestic vio9 lence, dating violence, sexual assault, and 

10 stalking in the applicable jurisdiction; 

11 ‘‘(cc) the definition of consent, in ref12 erence to sexual activity, in the applicable 

13 jurisdiction; 

14 ‘‘(dd) safe and positive options for by15 stander intervention that may be carried 

16 out by an individual to prevent harm or in17 tervene when there is a risk of domestic vio18 lence, dating violence, sexual assault, or 

19 stalking against a person other than such 

20 individual; 

21 ‘‘(ee) information on risk reduction to 

22 recognize warning signs of abusive behavior 

23 and how to avoid potential attacks; and 

24 ‘‘(ff) the information described in 

25 clauses (ii) through (vii); and 


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1 ‘‘(II) ongoing prevention and awareness 

2 campaigns for students and faculty, including 

3 information described in items (aa) through (ff) 

4 of subclause (I). 

5 ‘‘(ii) Possible sanctions or protective measures 

6 that such institution may impose following a final 

7 determination of an institutional disciplinary proce8 dure regarding rape, acquaintance rape, domestic vio9 lence, dating violence, sexual assault, or stalking. 

10 ‘‘(iii) Procedures victims should follow if a sex 

11 offense, domestic violence, dating violence, sexual as12 sault, or stalking has occurred, including information 

13 in writing about— 

14 ‘‘(I) the importance of preserving evidence 

15 as may be necessary to the proof of criminal do16 mestic violence, dating violence, sexual assault, 

17 or stalking, or in obtaining a protection order; 

18 ‘‘(II) to whom the alleged offense should be 

19 reported; 

20 ‘‘(III) options regarding law enforcement 

21 and campus authorities, including notification 

22 of the victim’s option to— 

23 ‘‘(aa) notify proper law enforcement 

24 authorities, including on-campus and local 

25 police; 


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1 ‘‘(bb) be assisted by campus authorities 

2 in notifying law enforcement authorities if 

3 the victim so chooses; and 

4 ‘‘(cc) decline to notify such authorities; 

5 and 

6 ‘‘(IV) where applicable, the rights of victims 

7 and the institution’s responsibilities regarding 

8 orders of protection, no contact orders, restrain9 ing orders, or similar lawful orders issued by a 

10 criminal, civil, or tribal court. 

11 ‘‘(iv) Procedures for institutional disciplinary 

12 action in cases of alleged domestic violence, dating vi13 olence, sexual assault, or stalking, which shall include 

14 a clear statement that— 

15 ‘‘(I) such proceedings shall— 

16 ‘‘(aa) provide a prompt and equitable 

17 investigation and resolution; and 

18 ‘‘(bb) be conducted by officials who re19 ceive annual training on the issues related 

20 to domestic violence, dating violence, sexual 

21 assault, and stalking and how to conduct an 

22 investigation and hearing process that pro23 tects the safety of victims and promotes ac24 countability; 


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1 ‘‘(II) the accuser and the accused are enti2 tled to the same opportunities to have others 

3 present during an institutional disciplinary pro4 ceeding, including the opportunity to be accom5 panied to any related meeting or proceeding by 

6 an advisor of their choice; and 

7 ‘‘(III) both the accuser and the accused shall 

8 be simultaneously informed, in writing, of— 

9 ‘‘(aa) the outcome of any institutional 

10 disciplinary proceeding that arises from an 

11 allegation of domestic violence, dating vio12 lence, sexual assault, or stalking; 

13 ‘‘(bb) the institution’s procedures for 

14 the accused and the victim to appeal the re15 sults of the institutional disciplinary pro16 ceeding; 

17 ‘‘(cc) of any change to the results that 

18 occurs prior to the time that such results be19 come final; and 

20 ‘‘(dd) when such results become final. 

21 ‘‘(v) Information about how the institution will 

22 protect the confidentiality of victims, including how 

23 publicly-available recordkeeping will be accomplished 

24 without the inclusion of identifying information 

25 about the victim, to the extent permissible by law. 


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1 ‘‘(vi) Written notification of students and em2 ployees about existing counseling, health, mental 

3 health, victim advocacy, legal assistance, and other 

4 services available for victims both on-campus and in 

5 the community. 

6 ‘‘(vii) Written notification of victims about op7 tions for, and available assistance in, changing aca8 demic, living, transportation, and working situations, 

9 if so requested by the victim and if such accommoda10 tions are reasonably available, regardless of whether 

11 the victim chooses to report the crime to campus po12 lice or local law enforcement. 

13 ‘‘(C) A student or employee who reports to an institu14 tion of higher education that the student or employee has 

15 been a victim of domestic violence, dating violence, sexual 

16 assault, or stalking, whether the offense occurred on or off 

17 campus, shall be provided with a written explanation of 

18 the student or employee’s rights and options, as described 

19 in clauses (ii) through (vii) of subparagraph (B).’’; 

20 (6) in paragraph (9), by striking ‘‘The Sec21 retary’’ and inserting ‘‘The Secretary, in consultation 

22 with the Attorney General of the United States,’’; 

23 (7) by striking paragraph (16) and inserting the 

24 following: 


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1 ‘‘(16)(A) The Secretary shall seek the advice and coun2 sel of the Attorney General of the United States concerning 

3 the development, and dissemination to institutions of higher 

4 education, of best practices information about campus safe5 ty and emergencies. 

6 ‘‘(B) The Secretary shall seek the advice and counsel 

7 of the Attorney General of the United States and the Sec8 retary of Health and Human Services concerning the devel9 opment, and dissemination to institutions of higher edu10 cation, of best practices information about preventing and 

11 responding to incidents of domestic violence, dating vio12 lence, sexual assault, and stalking, including elements of in13 stitutional policies that have proven successful based on evi14 dence-based outcome measurements.’’; and 

15 (8) by striking paragraph (17) and inserting the 

16 following: 

17 ‘‘(17) No officer, employee, or agent of an institution 

18 participating in any program under this title shall retali19 ate, intimidate, threaten, coerce, or otherwise discriminate 

20 against any individual for exercising their rights or respon21 sibilities under any provision of this subsection.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect with respect to the annual security 

24 report under section 485(f)(1) of the Higher Education Act 

25 of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution 


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1 of higher education 1 calendar year after the date of enact2 ment of this Act, and each subsequent calendar year. 

3 TITLE IV—VIOLENCE 

4 REDUCTION PRACTICES 

5 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS6 EASE CONTROL AND PREVENTION. 

7 Section 402(c) of the Violence Against Women and De8 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

9 280b–4(c)) is amended by striking ‘‘$2,000,000 for each of 

10 the fiscal years 2007 through 2011’’ and inserting 

11 ‘‘$1,000,000 for each of the fiscal years 2012 through 2016’’. 

12 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

13 THROUGH PREVENTION GRANTS. 

14 (a) SMART PREVENTION.—Section 41303 of the Vio15 lence Against Women Act of 1994 (42 U.S.C. 14043d–2) 

16 is amended to read as follows: 

17 ‘‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES 

18 THROUGH PREVENTION (SMART PREVEN19 TION). 

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

21 in consultation with the Secretary of Health and Human 

22 Services and the Secretary of Education, is authorized to 

23 award grants for the purpose of preventing domestic vio24 lence, dating violence, sexual assault, and stalking by tak25 ing a comprehensive approach that focuses on youth, chilVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 E:\BILLS\S1925.RS S1925

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1 dren exposed to violence, and men as leaders and influencers 

2 of social norms. 

3 ‘‘(b) USE OF FUNDS.—Funds provided under this sec4 tion may be used for the following purposes: 

5 ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND

6 PREVENTION.—To develop, maintain, or enhance pro7 grams that change attitudes and behaviors around the 

8 acceptability of domestic violence, dating violence, 

9 sexual assault, and stalking and provide education 

10 and skills training to young individuals and individ11 uals who influence young individuals. The prevention 

12 program may use evidence-based, evidence-informed, 

13 or innovative strategies and practices focused on 

14 youth. Such a program should include— 

15 ‘‘(A) age and developmentally-appropriate 

16 education on domestic violence, dating violence, 

17 sexual assault, stalking, and sexual coercion, as 

18 well as healthy relationship skills, in school, in 

19 the community, or in health care settings; 

20 ‘‘(B) community-based collaboration and 

21 training for those with influence on youth, such 

22 as parents, teachers, coaches, healthcare pro23 viders, faith-leaders, older teens, and mentors; 

24 ‘‘(C) education and outreach to change envi25 ronmental factors contributing to domestic vioVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 E:\BILLS\S1925.RS S1925

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1 lence, dating violence, sexual assault, and stalk2 ing; and 

3 ‘‘(D) policy development targeted to preven4 tion, including school-based policies and proto5 cols. 

6 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

7 ABUSE.—To develop, maintain or enhance programs 

8 designed to prevent future incidents of domestic vio9 lence, dating violence, sexual assault, and stalking by 

10 preventing, reducing and responding to children’s ex11 posure to violence in the home. Such programs may 

12 include— 

13 ‘‘(A) providing services for children exposed 

14 to domestic violence, dating violence, sexual as15 sault or stalking, including direct counseling or 

16 advocacy, and support for the non-abusing par17 ent; and 

18 ‘‘(B) training and coordination for edu19 cational, after-school, and childcare programs on 

20 how to safely and confidentially identify children 

21 and families experiencing domestic violence, dat22 ing violence, sexual assault, or stalking and 

23 properly refer children exposed and their fami24 lies to services and violence prevention programs. 


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1 ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE

2 MODELS.—To develop, maintain or enhance programs 

3 that work with men to prevent domestic violence, dat4 ing violence, sexual assault, and stalking by helping 

5 men to serve as role models and social influencers of 

6 other men and youth at the individual, school, com7 munity or statewide levels. 

8 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a 

9 grant under this section, an entity shall be— 

10 ‘‘(1) a victim service provider, community-based 

11 organization, tribe or tribal organization, or other 

12 non-profit, nongovernmental organization that has a 

13 history of effective work preventing domestic violence, 

14 dating violence, sexual assault, or stalking and exper15 tise in the specific area for which they are applying 

16 for funds; or 

17 ‘‘(2) a partnership between a victim service pro18 vider, community-based organization, tribe or tribal 

19 organization, or other non-profit, nongovernmental 

20 organization that has a history of effective work pre21 venting domestic violence, dating violence, sexual as22 sault, or stalking and at least one of the following 

23 that has expertise in serving children exposed to do24 mestic violence, dating violence, sexual assault, or 

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1 ual assault, or stalking prevention, or engaging men 

2 to prevent domestic violence, dating violence, sexual 

3 assault, or stalking: 

4 ‘‘(A) A public, charter, tribal, or nationally 

5 accredited private middle or high school, a school 

6 administered by the Department of Defense 

7 under section 2164 of title 10, United States 

8 Code or section 1402 of the Defense Dependents’ 

9 Education Act of 1978, a group of schools, or a 

10 school district. 

11 ‘‘(B) A local community-based organization, 

12 population-specific organization, or faith-based 

13 organization that has established expertise in 

14 providing services to youth. 

15 ‘‘(C) A community-based organization, pop16 ulation-specific organization, university or 

17 health care clinic, faith-based organization, or 

18 other non-profit, nongovernmental organization 

19 with a demonstrated history of effective work ad20 dressing the needs of children exposed to domestic 

21 violence, dating violence, sexual assault, or stalk22 ing. 

23 ‘‘(D) A nonprofit, nongovernmental entity 

24 providing services for runaway or homeless 


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1 youth affected by domestic violence, dating vio2 lence, sexual assault, or stalking. 

3 ‘‘(E) Healthcare entities eligible for reim4 bursement under title XVIII of the Social Secu5 rity Act, including providers that target the spe6 cial needs of children and youth. 

7 ‘‘(F) Any other agencies, population-specific 

8 organizations, or nonprofit, nongovernmental or9 ganizations with the capacity to provide nec10 essary expertise to meet the goals of the program; 

11 or 

12 ‘‘(3) a public, charter, tribal, or nationally ac13 credited private middle or high school, a school ad14 ministered by the Department of Defense under sec15 tion 2164 of title 10, United States Code or section 

16 1402 of the Defense Dependents’ Education Act of 

17 1978, a group of schools, a school district, or an insti18 tution of higher education. 

19 ‘‘(d) GRANTEE REQUIREMENTS.— 

20 ‘‘(1) IN GENERAL.—Applicants for grants under 

21 this section shall prepare and submit to the Director 

22 an application at such time, in such manner, and 

23 containing such information as the Director may re24 quire that demonstrates the capacity of the applicant 


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1 and partnering organizations to undertake the 

2 project. 

3 ‘‘(2) POLICIES AND PROCEDURES.—Applicants 

4 under this section shall establish and implement poli5 cies, practices, and procedures that— 

6 ‘‘(A) include appropriate referral systems to 

7 direct any victim identified during program ac8 tivities to highly qualified follow-up care; 

9 ‘‘(B) protect the confidentiality and privacy 

10 of adult and youth victim information, particu11 larly in the context of parental or third party 

12 involvement and consent, mandatory reporting 

13 duties, and working with other service providers; 

14 ‘‘(C) ensure that all individuals providing 

15 prevention programming through a program 

16 funded under this section have completed or will 

17 complete sufficient training in connection with 

18 domestic violence, dating violence, sexual assault 

19 or stalking; and 

20 ‘‘(D) document how prevention programs 

21 are coordinated with service programs in the 

22 community. 

23 ‘‘(3) PREFERENCE.—In selecting grant recipients 

24 under this section, the Attorney General shall give 

25 preference to applicants that— 


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1 ‘‘(A) include outcome-based evaluation; and 

2 ‘‘(B) identify any other community, school, 

3 or State-based efforts that are working on domes4 tic violence, dating violence, sexual assault, or 

5 stalking prevention and explain how the grantee 

6 or partnership will add value, coordinate with 

7 other programs, and not duplicate existing ef8 forts. 

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

10 section, the definitions and grant conditions provided for 

11 in section 40002 shall apply. 

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

13 authorized to be appropriated to carry out this section, 

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

15 Amounts appropriated under this section may only be used 

16 for programs and activities described under this section. 

17 ‘‘(g) ALLOTMENT.— 

18 ‘‘(1) IN GENERAL.—Not less than 25 percent of 

19 the total amounts appropriated under this section in 

20 each fiscal year shall be used for each set of purposes 

21 described in paragraphs (1), (2), and (3) of subsection 

22 (b). 

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

24 of the total amounts appropriated under this section 

25 in each fiscal year shall be made available for grants 


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1 to Indian tribes or tribal organizations. If an insuffi2 cient number of applications are received from Indian 

3 tribes or tribal organizations, such funds shall be al4 lotted to other population-specific programs.’’. 

5 (b) REPEALS.—The following provisions are repealed: 

6 (1) Sections 41304 and 41305 of the Violence 

7 Against Women Act of 1994 (42 U.S.C. 14043d–3 and 

8 14043d–4). 

9 (2) Section 403 of the Violence Against Women 

10 and Department of Justice Reauthorization Act of 

11 2005 (42 U.S.C. 14045c). 

12 TITLE V—STRENGTHENING THE 

13 HEALTHCARE SYSTEM’S RE14 SPONSE TO DOMESTIC VIO15 LENCE, DATING VIOLENCE, 

16 SEXUAL ASSAULT, AND 

17 STALKING 

18 SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN 

19 THE HEALTHCARE SYSTEM’S RESPONSE TO 

20 DOMESTIC VIOLENCE, DATING VIOLENCE, 

21 SEXUAL ASSAULT, AND STALKING. 

22 (a) GRANTS.—Section 399P of the Public Health Serv23 ice Act (42 U.S.C. 280g–4) is amended to read as follows: 


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1 ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE 

2 SYSTEM’S RESPONSE TO DOMESTIC VIO3 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

4 AND STALKING. 

5 ‘‘(a) IN GENERAL.—The Secretary shall award grants 

6 for— 

7 ‘‘(1) the development or enhancement and imple8 mentation of interdisciplinary training for health 

9 professionals, public health staff, and allied health 

10 professionals; 

11 ‘‘(2) the development or enhancement and imple12 mentation of education programs for medical, nurs13 ing, dental, and other health profession students and 

14 residents to prevent and respond to domestic violence, 

15 dating violence, sexual assault, and stalking; and 

16 ‘‘(3) the development or enhancement and imple17 mentation of comprehensive statewide strategies to 

18 improve the response of clinics, public health facili19 ties, hospitals, and other health settings (including be20 havioral and mental health programs) to domestic vi21 olence, dating violence, sexual assault, and stalking. 

22 ‘‘(b) USE OF FUNDS.— 

23 ‘‘(1) REQUIRED USES.—Amounts provided under 

24 a grant under this section shall be used to— 


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1 ‘‘(A) fund interdisciplinary training and 

2 education programs under paragraphs (1) and 

3 (2) of subsection (a) that— 

4 ‘‘(i) are designed to train medical, psy5 chology, dental, social work, nursing, and 

6 other health profession students, interns, 

7 residents, fellows, or current health care 

8 providers to identify and provide health 

9 care services (including mental or behav10 ioral health care services and referrals to 

11 appropriate community services) to individ12 uals who are or who have been victims of 

13 domestic violence, dating violence, sexual 

14 assault, or stalking; and 

15 ‘‘(ii) plan and develop culturally com16 petent clinical training components for in17 tegration into approved internship, resi18 dency, and fellowship training or con19 tinuing medical or other health education 

20 training that address physical, mental, and 

21 behavioral health issues, including protec22 tive factors, related to domestic violence, 

23 dating violence, sexual assault, stalking, 

24 and other forms of violence and abuse, focus 

25 on reducing health disparities and preVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6203 E:\BILLS\S1925.RS S1925

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1 venting violence and abuse, and include the 

2 primacy of victim safety and confiden3 tiality; 

4 ‘‘(B) design and implement comprehensive 

5 strategies to improve the response of the health 

6 care system to domestic or sexual violence in 

7 clinical and public health settings, hospitals, 

8 clinics, and other health settings (including be9 havioral and mental health), under subsection 

10 (a)(3) through— 

11 ‘‘(i) the implementation, dissemina12 tion, and evaluation of policies and proce13 dures to guide health professionals and pub14 lic health staff in identifying and respond15 ing to domestic violence, dating violence, 

16 sexual assault, and stalking, including 

17 strategies to ensure that health information 

18 is maintained in a manner that protects the 

19 patient’s privacy and safety, and safely uses 

20 health information technology to improve 

21 documentation, identification, assessment, 

22 treatment, and follow-up care; 

23 ‘‘(ii) the development of on-site access 

24 to services to address the safety, medical, 

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1 creasing the capacity of existing health care 

2 professionals and public health staff to ad3 dress domestic violence, dating violence, sex4 ual assault, and stalking, or by contracting 

5 with or hiring domestic or sexual assault 

6 advocates to provide such services or to 

7 model other services appropriate to the geo8 graphic and cultural needs of a site; 

9 ‘‘(iii) the development of measures and 

10 methods for the evaluation of the practice of 

11 identification, intervention, and documenta12 tion regarding victims of domestic violence, 

13 dating violence, sexual assault, and stalk14 ing, including the development and testing 

15 of quality improvement measurements, in 

16 accordance with the multi-stakeholder and 

17 quality measurement processes established 

18 under paragraphs (7) and (8) of section 

19 1890(b) and section 1890A of the Social Se20 curity Act (42 U.S.C. 1395aaa(b)(7) and 

21 (8); 42 U.S.C. 1890A); and 

22 ‘‘(iv) the provision of training and fol23 low-up technical assistance to health care 

24 professionals, and public health staff, and 

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1 sess, treat, and refer clients who are victims 

2 of domestic violence, dating violence, sexual 

3 assault, or stalking, including using tools 

4 and training materials already developed. 

5 ‘‘(2) PERMISSIBLE USES.— 

6 ‘‘(A) CHILD AND ELDER ABUSE.—To the ex7 tent consistent with the purpose of this section, 

8 a grantee may use amounts received under this 

9 section to address, as part of a comprehensive 

10 programmatic approach implemented under the 

11 grant, issues relating to child or elder abuse. 

12 ‘‘(B) RURAL AREAS.—Grants funded under 

13 paragraphs (1) and (2) of subsection (a) may be 

14 used to offer to rural areas community-based 

15 training opportunities, which may include the 

16 use of distance learning networks and other 

17 available technologies needed to reach isolated 

18 rural areas, for medical, nursing, and other 

19 health profession students and residents on do20 mestic violence, dating violence, sexual assault, 

21 stalking, and, as appropriate, other forms of vio22 lence and abuse. 

23 ‘‘(C) OTHER USES.—Grants funded under 

24 subsection (a)(3) may be used for — 


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1 ‘‘(i) the development of training mod2 ules and policies that address the overlap of 

3 child abuse, domestic violence, dating vio4 lence, sexual assault, and stalking and elder 

5 abuse, as well as childhood exposure to do6 mestic and sexual violence; 

7 ‘‘(ii) the development, expansion, and 

8 implementation of sexual assault forensic 

9 medical examination or sexual assault 

10 nurse examiner programs; 

11 ‘‘(iii) the inclusion of the health effects 

12 of lifetime exposure to violence and abuse as 

13 well as related protective factors and behav14 ioral risk factors in health professional 

15 training schools including medical, dental, 

16 nursing, social work, and mental and be17 havioral health curricula, and allied health 

18 service training courses; or 

19 ‘‘(iv) the integration of knowledge of 

20 domestic violence, dating violence, sexual 

21 assault, and stalking into health care ac22 creditation and professional licensing ex23 aminations, such as medical, dental, social 

24 work, and nursing boards, and where ap25 propriate, other allied health exams. 


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1 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

2 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 

3 ‘‘(A) IN GENERAL.—Grantees under this 

4 section shall ensure that all programs developed 

5 with grant funds address issues of confidentiality 

6 and patient safety and comply with applicable 

7 confidentiality and nondisclosure requirements 

8 under section 40002(b)(2) of the Violence Against 

9 Women Act of 1994 and the Family Violence 

10 Prevention and Services Act, and that faculty 

11 and staff associated with delivering educational 

12 components are fully trained in procedures that 

13 will protect the immediate and ongoing security 

14 and confidentiality of the patients, patient 

15 records, and staff. Such grantees shall consult en16 tities with demonstrated expertise in the con17 fidentiality and safety needs of victims of domes18 tic violence, dating violence, sexual assault, and 

19 stalking on the development and adequacy of 

20 confidentially and security procedures, and pro21 vide documentation of such consultation. 

22 ‘‘(B) ADVANCE NOTICE OF INFORMATION

23 DISCLOSURE.—Grantees under this section shall 

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1 closed, such as mandatory reporting laws, and 

2 shall give patients the option to receive informa3 tion and referrals without affirmatively dis4 closing abuse. 

5 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX6 PENSES.—A grantee shall use not more than 10 per7 cent of the amounts received under a grant under this 

8 section for administrative expenses. 

9 ‘‘(3) APPLICATION.— 

10 ‘‘(A) PREFERENCE.—In selecting grant re11 cipients under this section, the Secretary shall 

12 give preference to applicants based on the 

13 strength of their evaluation strategies, with pri14 ority given to outcome based evaluations. 

15 ‘‘(B) SUBSECTION (A)(1) AND (2) GRANT16 EES.—Applications for grants under paragraphs 

17 (1) and (2) of subsection (a) shall include— 

18 ‘‘(i) documentation that the applicant 

19 represents a team of entities working col20 laboratively to strengthen the response of the 

21 health care system to domestic violence, dat22 ing violence, sexual assault, or stalking, and 

23 which includes at least one of each of— 

24 ‘‘(I) an accredited school of 

25 allopathic or osteopathic medicine, 


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1 psychology, nursing, dentistry, social 

2 work, or other health field; 

3 ‘‘(II) a health care facility or sys4 tem; or 

5 ‘‘(III) a government or nonprofit 

6 entity with a history of effective work 

7 in the fields of domestic violence, dat8 ing violence, sexual assault, or stalk9 ing; and 

10 ‘‘(ii) strategies for the dissemination 

11 and sharing of curricula and other edu12 cational materials developed under the 

13 grant, if any, with other interested health 

14 professions schools and national resource re15 positories for materials on domestic vio16 lence, dating violence, sexual assault, and 

17 stalking. 

18 ‘‘(C) SUBSECTION (A)(3) GRANTEES.—An en19 tity desiring a grant under subsection (a)(3) 

20 shall submit an application to the Secretary at 

21 such time, in such a manner, and containing 

22 such information and assurances as the Sec23 retary may require, including— 

24 ‘‘(i) documentation that all training, 

25 education, screening, assessment, services, 


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1 treatment, and any other approach to pa2 tient care will be informed by an under3 standing of violence and abuse victimiza4 tion and trauma-specific approaches that 

5 will be integrated into prevention, interven6 tion, and treatment activities; 

7 ‘‘(ii) strategies for the development and 

8 implementation of policies to prevent and 

9 address domestic violence, dating violence, 

10 sexual assault, and stalking over the life11 span in health care settings; 

12 ‘‘(iii) a plan for consulting with State 

13 and tribal domestic violence or sexual as14 sault coalitions, national nonprofit victim 

15 advocacy organizations, State or tribal law 

16 enforcement task forces (where appropriate), 

17 and population specific organizations with 

18 demonstrated expertise in domestic violence, 

19 dating violence, sexual assault, or stalking; 

20 ‘‘(iv) with respect to an application for 

21 a grant under which the grantee will have 

22 contact with patients, a plan, developed in 

23 collaboration with local victim service pro24 viders, to respond appropriately to and 

25 make correct referrals for individuals who 


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1 disclose that they are victims of domestic vi2 olence, dating violence, sexual assault, stalk3 ing, or other types of violence, and docu4 mentation provided by the grantee of an on5 going collaborative relationship with a local 

6 victim service provider; and 

7 ‘‘(v) with respect to an application for 

8 a grant proposing to fund a program de9 scribed in subsection (b)(2)(C)(ii), a certifi10 cation that any sexual assault forensic med11 ical examination and sexual assault nurse 

12 examiner programs supported with such 

13 grant funds will adhere to the guidelines set 

14 forth by the Attorney General. 

15 ‘‘(d) ELIGIBLE ENTITIES.— 

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

17 funding under paragraph (1) or (2) of subsection (a), 

18 an entity shall be— 

19 ‘‘(A) a nonprofit organization with a his20 tory of effective work in the field of training 

21 health professionals with an understanding of, 

22 and clinical skills pertinent to, domestic violence, 

23 dating violence, sexual assault, or stalking, and 

24 lifetime exposure to violence and abuse; 


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1 ‘‘(B) an accredited school of allopathic or 

2 osteopathic medicine, psychology, nursing, den3 tistry, social work, or allied health; 

4 ‘‘(C) a health care provider membership or 

5 professional organization, or a health care sys6 tem; or 

7 ‘‘(D) a State, tribal, territorial, or local en8 tity. 

9 ‘‘(2) SUBSECTION (A)(3) GRANTEES.—To be eligi10 ble to receive funding under subsection (a)(3), an en11 tity shall be— 

12 ‘‘(A) a State department (or other division) 

13 of health, a State, tribal, or territorial domestic 

14 violence or sexual assault coalition or victim 

15 service provider, or any other nonprofit, non16 governmental organization with a history of ef17 fective work in the fields of domestic violence, 

18 dating violence, sexual assault, or stalking, and 

19 health care, including physical or mental health 

20 care; or 

21 ‘‘(B) a local victim service provider, a local 

22 department (or other division) of health, a local 

23 health clinic, hospital, or health system, or any 

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1 lence, dating violence, sexual assault, or stalking 

2 and health care, including physical or mental 

3 health care. 

4 ‘‘(e) TECHNICAL ASSISTANCE.— 

5 ‘‘(1) IN GENERAL.—Of the funds made available 

6 to carry out this section for any fiscal year, the Sec7 retary may make grants or enter into contracts to 

8 provide technical assistance with respect to the plan9 ning, development, and operation of any program, ac10 tivity or service carried out pursuant to this section. 

11 Not more than 8 percent of the funds appropriated 

12 under this section in each fiscal year may be used to 

13 fund technical assistance under this subsection. 

14 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec15 retary shall make publicly available materials devel16 oped by grantees under this section, including mate17 rials on training, best practices, and research and 

18 evaluation. 

19 ‘‘(3) REPORTING.—The Secretary shall publish a 

20 biennial report on— 

21 ‘‘(A) the distribution of funds under this 

22 section; and 

23 ‘‘(B) the programs and activities supported 

24 by such funds. 

25 ‘‘(f) RESEARCH AND EVALUATION.— 


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1 ‘‘(1) IN GENERAL.—Of the funds made available 

2 to carry out this section for any fiscal year, the Sec3 retary may use not more than 20 percent to make a 

4 grant or enter into a contract for research and eval5 uation of— 

6 ‘‘(A) grants awarded under this section; and 

7 ‘‘(B) other training for health professionals 

8 and effective interventions in the health care set9 ting that prevent domestic violence, dating vio10 lence, and sexual assault across the lifespan, pre11 vent the health effects of such violence, and im12 prove the safety and health of individuals who 

13 are currently being victimized. 

14 ‘‘(2) RESEARCH.—Research authorized in para15 graph (1) may include— 

16 ‘‘(A) research on the effects of domestic vio17 lence, dating violence, sexual assault, and child18 hood exposure to domestic, dating or sexual vio19 lence on health behaviors, health conditions, and 

20 health status of individuals, families, and popu21 lations, including underserved populations; 

22 ‘‘(B) research to determine effective health 

23 care interventions to respond to and prevent do24 mestic violence, dating violence, sexual assault, 

25 and stalking; 


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1 ‘‘(C) research on the impact of domestic, 

2 dating and sexual violence, childhood exposure to 

3 such violence, and stalking on the health care 

4 system, health care utilization, health care costs, 

5 and health status; and 

6 ‘‘(D) research on the impact of adverse 

7 childhood experiences on adult experience with 

8 domestic violence, dating violence, sexual assault, 

9 stalking, and adult health outcomes, including 

10 how to reduce or prevent the impact of adverse 

11 childhood experiences through the health care set12 ting. 

13 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section, 

15 $10,000,000 for each of fiscal years 2012 through 2016. 

16 ‘‘(h) DEFINITIONS.—Except as otherwise provided 

17 herein, the definitions provided for in section 40002 of the 

18 Violence Against Women Act of 1994 shall apply to this 

19 section.’’. 

20 (b) REPEALS.—The following provisions are repealed: 

21 (1) Section 40297 of the Violence Against Women 

22 Act of 1994 (42 U.S.C. 13973). 

23 (2) Section 758 of the Public Health Service Act 

24 (42 U.S.C. 294h). 


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1 TITLE VI—SAFE HOMES FOR VIC2 TIMS OF DOMESTIC VIO3 LENCE, DATING VIOLENCE, 

4 SEXUAL ASSAULT, AND 

5 STALKING 

6 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES7 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

8 ASSAULT, AND STALKING. 

9 (a) AMENDMENT.—Subtitle N of the Violence Against 

10 Women Act of 1994 (42 U.S.C. 14043e et seq.) is amended— 

11 (1) by inserting after the subtitle heading the fol12 lowing: 

13 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

14 (2) in section 41402 (42 U.S.C. 14043e–1), in 

15 the matter preceding paragraph (1), by striking ‘‘sub16 title’’ and inserting ‘‘chapter’’; 

17 (3) in section 41403 (42 U.S.C. 14043e–2), in 

18 the matter preceding paragraph (1), by striking ‘‘sub19 title’’ and inserting ‘‘chapter’’; and 

20 (4) by adding at the end the following: 

21 ‘‘CHAPTER 2—HOUSING RIGHTS 

22 ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO23 MESTIC VIOLENCE, DATING VIOLENCE, SEX24 UAL ASSAULT, AND STALKING. 

25 ‘‘(a) DEFINITIONS.—In this chapter: 


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1 ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘affili2 ated individual’ means, with respect to an indi3 vidual— 

4 ‘‘(A) a spouse, parent, brother, sister, or 

5 child of that individual, or an individual to 

6 whom that individual stands in loco parentis; or 

7 ‘‘(B) any individual, tenant, or lawful occu8 pant living in the household of that individual. 

9 ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro10 priate agency’ means, with respect to a covered hous11 ing program, the Executive department (as defined in 

12 section 101 of title 5, United States Code) that carries 

13 out the covered housing program. 

14 ‘‘(3) COVERED HOUSING PROGRAM.—The term 

15 ‘covered housing program’ means— 

16 ‘‘(A) the program under section 202 of the 

17 Housing Act of 1959 (12 U.S.C. 1701q); 

18 ‘‘(B) the program under section 811 of the 

19 Cranston-Gonzalez National Affordable Housing 

20 Act (42 U.S.C. 8013); 

21 ‘‘(C) the program under subtitle D of title 

22 VIII of the Cranston-Gonzalez National Afford23 able Housing Act (42 U.S.C. 12901 et seq.); 


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1 ‘‘(D) the program under subtitle A of title 

2 IV of the McKinney-Vento Homeless Assistance 

3 Act (42 U.S.C. 11360 et seq.); 

4 ‘‘(E) the program under subtitle A of title 

5 II of the Cranston-Gonzalez National Affordable 

6 Housing Act (42 U.S.C. 12741 et seq.); 

7 ‘‘(F) the program under paragraph (3) of 

8 section 221(d) of the National Housing Act (12 

9 U.S.C. 1715l(d)) that bears interest at a rate de10 termined under the proviso under paragraph (5) 

11 of such section 221(d); 

12 ‘‘(G) the program under section 236 of the 

13 National Housing Act (12 U.S.C. 1715z–1); 

14 ‘‘(H) the programs under sections 6 and 8 

15 of the United States Housing Act of 1937 (42 

16 U.S.C. 1437d and 1437f); 

17 ‘‘(I) rural housing assistance provided 

18 under sections 514, 515, 516, 533, and 538 of the 

19 Housing Act of 1949 (42 U.S.C. 1484, 1485, 

20 1486, 1490m, and 1490p–2); and 

21 ‘‘(J) the low income housing tax credit pro22 gram under section 42 of the Internal Revenue 

23 Code of 1986. 

24 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI25 NATION OF ASSISTANCE OR EVICTION.— 


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1 ‘‘(1) IN GENERAL.—An applicant for or tenant 

2 of housing assisted under a covered housing program 

3 may not be denied admission to, denied assistance 

4 under, terminated from participation in, or evicted 

5 from the housing on the basis that the applicant or 

6 tenant is or has been a victim of domestic violence, 

7 dating violence, sexual assault, or stalking, if the ap8 plicant or tenant otherwise qualifies for admission, 

9 assistance, participation, or occupancy. 

10 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in11 cident of actual or threatened domestic violence, dat12 ing violence, sexual assault, or stalking shall not be 

13 construed as— 

14 ‘‘(A) a serious or repeated violation of a 

15 lease for housing assisted under a covered hous16 ing program by the victim or threatened victim 

17 of such incident; or 

18 ‘‘(B) good cause for terminating the assist19 ance, tenancy, or occupancy rights to housing as20 sisted under a covered housing program of the 

21 victim or threatened victim of such incident. 

22 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

23 ACTIVITY.— 

24 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

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1 son may deny assistance, tenancy, or occupancy 

2 rights to housing assisted under a covered hous3 ing program to a tenant solely on the basis of 

4 criminal activity directly relating to domestic 

5 violence, dating violence, sexual assault, or stalk6 ing that is engaged in by a member of the house7 hold of the tenant or any guest or other person 

8 under the control of the tenant, if the tenant or 

9 an affiliated individual of the tenant is the vic10 tim or threatened victim of such domestic vio11 lence, dating violence, sexual assault, or stalking. 

12 ‘‘(B) BIFURCATION.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 subparagraph (A), a public housing agency 

15 or owner or manager of housing assisted 

16 under a covered housing program may bi17 furcate a lease for the housing in order to 

18 evict, remove, or terminate assistance to 

19 any individual who is a tenant or lawful 

20 occupant of the housing and who engages in 

21 criminal activity directly relating to domes22 tic violence, dating violence, sexual assault, 

23 or stalking against an affiliated individual 

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1 wise penalizing a victim of such criminal 

2 activity who is also a tenant or lawful occu3 pant of the housing. 

4 ‘‘(ii) EFFECT OF EVICTION ON OTHER

5 TENANTS.—If public housing agency or 

6 owner or manager of housing assisted under 

7 a covered housing program evicts, removes, 

8 or terminates assistance to an individual 

9 under clause (i), and the individual is the 

10 sole tenant eligible to receive assistance 

11 under a covered housing program, the pub12 lic housing agency or owner or manager of 

13 housing assisted under the covered housing 

14 program shall provide any remaining ten15 ant an opportunity to establish eligibility 

16 for the covered housing program. If a tenant 

17 described in the preceding sentence cannot 

18 establish eligibility, the public housing 

19 agency or owner or manager of the housing 

20 shall provide the tenant a reasonable time, 

21 as determined by the appropriate agency, to 

22 find new housing or to establish eligibility 

23 for housing under another covered housing 

24 program. 


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1 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

2 in subparagraph (A) shall be construed— 

3 ‘‘(i) to limit the authority of a public 

4 housing agency or owner or manager of 

5 housing assisted under a covered housing 

6 program, when notified of a court order, to 

7 comply with a court order with respect to— 

8 ‘‘(I) the rights of access to or con9 trol of property, including civil protec10 tion orders issued to protect a victim of 

11 domestic violence, dating violence, sex12 ual assault, or stalking; or 

13 ‘‘(II) the distribution or posses14 sion of property among members of a 

15 household in a case; 

16 ‘‘(ii) to limit any otherwise available 

17 authority of a public housing agency or 

18 owner or manager of housing assisted under 

19 a covered housing program to evict or ter20 minate assistance to a tenant for any viola21 tion of a lease not premised on the act of vi22 olence in question against the tenant or an 

23 affiliated person of the tenant, if the public 

24 housing agency or owner or manager does 

25 not subject an individual who is or has been 


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1 a victim of domestic violence, dating vio2 lence, or stalking to a more demanding 

3 standard than other tenants in determining 

4 whether to evict or terminate; 

5 ‘‘(iii) to limit the authority to termi6 nate assistance to a tenant or evict a tenant 

7 from housing assisted under a covered hous8 ing program if a public housing agency or 

9 owner or manager of the housing can dem10 onstrate that an actual and imminent 

11 threat to other tenants or individuals em12 ployed at or providing service to the prop13 erty would be present if the assistance is not 

14 terminated or the tenant is not evicted; or 

15 ‘‘(iv) to supersede any provision of any 

16 Federal, State, or local law that provides 

17 greater protection than this section for vic18 tims of domestic violence, dating violence, 

19 sexual assault, or stalking. 

20 ‘‘(c) DOCUMENTATION.— 

21 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an ap22 plicant for, or tenant of, housing assisted under a cov23 ered housing program represents to a public housing 

24 agency or owner or manager of the housing that the 

25 individual is entitled to protection under subsection 


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1 (b), the public housing agency or owner or manager 

2 may request, in writing, that the applicant or tenant 

3 submit to the public housing agency or owner or 

4 manager a form of documentation described in para5 graph (3). 

6 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 

7 ‘‘(A) IN GENERAL.—If an applicant or ten8 ant does not provide the documentation requested 

9 under paragraph (1) within 14 business days 

10 after the tenant receives a request in writing for 

11 such certification from a public housing agency 

12 or owner or manager of housing assisted under 

13 a covered housing program, nothing in this 

14 chapter may be construed to limit the authority 

15 of the public housing agency or owner or man16 ager to— 

17 ‘‘(i) deny admission by the applicant 

18 or tenant to the covered program; 

19 ‘‘(ii) deny assistance under the covered 

20 program to the applicant or tenant; 

21 ‘‘(iii) terminate the participation of 

22 the applicant or tenant in the covered pro23 gram; or 


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1 ‘‘(iv) evict the applicant, the tenant, or 

2 a lawful occupant that commits violations 

3 of a lease. 

4 ‘‘(B) EXTENSION.—A public housing agency 

5 or owner or manager of housing may extend the 

6 14-day deadline under subparagraph (A) at its 

7 discretion. 

8 ‘‘(3) FORM OF DOCUMENTATION.—A form of doc9 umentation described in this paragraph is— 

10 ‘‘(A) a certification form approved by the 

11 appropriate agency that— 

12 ‘‘(i) states that an applicant or tenant 

13 is a victim of domestic violence, dating vio14 lence, sexual assault, or stalking; 

15 ‘‘(ii) states that the incident of domes16 tic violence, dating violence, sexual assault, 

17 or stalking that is the ground for protection 

18 under subsection (b) meets the requirements 

19 under subsection (b); and 

20 ‘‘(iii) includes the name of the indi21 vidual who committed the domestic violence, 

22 dating violence, sexual assault, or stalking, 

23 if the name is known and safe to provide; 

24 ‘‘(B) a document that— 

25 ‘‘(i) is signed by— 


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1 ‘‘(I) an employee, agent, or volun2 teer of a victim service provider, an at3 torney, a medical professional, or a 

4 mental health professional from whom 

5 an applicant or tenant has sought as6 sistance relating to domestic violence, 

7 dating violence, sexual assault, or 

8 stalking, or the effects of the abuse; and 

9 ‘‘(II) the applicant or tenant; and 

10 ‘‘(ii) states under penalty of perjury 

11 that the individual described in clause (i)(I) 

12 believes that the incident of domestic vio13 lence, dating violence, sexual assault, or 

14 stalking that is the ground for protection 

15 under subsection (b) meets the requirements 

16 under subsection (b); 

17 ‘‘(C) a record of a Federal, State, tribal, 

18 territorial, or local law enforcement agency, 

19 court, or administrative agency; or 

20 ‘‘(D) at the discretion of a public housing 

21 agency or owner or manager of housing assisted 

22 under a covered housing program, a statement or 

23 other evidence provided by an applicant or ten24 ant. 


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1 ‘‘(4) CONFIDENTIALITY.—Any information sub2 mitted to a public housing agency or owner or man3 ager under this subsection, including the fact that an 

4 individual is a victim of domestic violence, dating vi5 olence, sexual assault, or stalking shall be maintained 

6 in confidence by the public housing agency or owner 

7 or manager and may not be entered into any shared 

8 database or disclosed to any other entity or indi9 vidual, except to the extent that the disclosure is— 

10 ‘‘(A) requested or consented to by the indi11 vidual in writing; 

12 ‘‘(B) required for use in an eviction pro13 ceeding under subsection (b); or 

14 ‘‘(C) otherwise required by applicable law. 

15 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Nothing 

16 in this subsection shall be construed to require a pub17 lic housing agency or owner or manager of housing 

18 assisted under a covered housing program to request 

19 that an individual submit documentation of the sta20 tus of the individual as a victim of domestic violence, 

21 dating violence, sexual assault, or stalking. 

22 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON23 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com24 pliance with subsection (b) by a public housing agen25 cy or owner or manager of housing assisted under a 


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1 covered housing program based on documentation re2 ceived under this subsection, shall not be sufficient to 

3 constitute evidence of an unreasonable act or omission 

4 by the public housing agency or owner or manager or 

5 an employee or agent of the public housing agency or 

6 owner or manager. Nothing in this paragraph shall 

7 be construed to limit the liability of a public housing 

8 agency or owner or manager of housing assisted 

9 under a covered housing program for failure to com10 ply with subsection (b). 

11 ‘‘(7) RESPONSE TO CONFLICTING CERTIFI12 CATION.—If a public housing agency or owner or 

13 manager of housing assisted under a covered housing 

14 program receives documentation under this subsection 

15 that contains conflicting information, the public hous16 ing agency or owner or manager may require an ap17 plicant or tenant to submit third-party documenta18 tion, as described in subparagraph (B), (C), or (D) 

19 of paragraph (3). 

20 ‘‘(8) PREEMPTION.—Nothing in this subsection 

21 shall be construed to supersede any provision of any 

22 Federal, State, or local law that provides greater pro23 tection than this subsection for victims of domestic vi24 olence, dating violence, sexual assault, or stalking. 

25 ‘‘(d) NOTIFICATION.— 


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1 ‘‘(1) DEVELOPMENT.—The Secretary of Housing 

2 and Urban Development shall develop a notice of the 

3 rights of individuals under this section, including the 

4 right to confidentiality and the limits thereof. 

5 ‘‘(2) PROVISION.—Each public housing agency 

6 or owner or manager of housing assisted under a cov7 ered housing program shall provide the notice devel8 oped under paragraph (1), together with the form de9 scribed in subsection (c)(3)(A), to an applicant for or 

10 tenants of housing assisted under a covered housing 

11 program— 

12 ‘‘(A) at the time the applicant is denied 

13 residency in a dwelling unit assisted under the 

14 covered housing program; 

15 ‘‘(B) at the time the individual is admitted 

16 to a dwelling unit assisted under the covered 

17 housing program; 

18 ‘‘(C) with any notification of eviction or 

19 notification of termination of assistance; and 

20 ‘‘(D) in multiple languages, consistent with 

21 guidance issued by the Secretary of Housing and 

22 Urban Development in accordance with Execu23 tive Order 13166 (42 U.S.C. 2000d–1 note; relat24 ing to access to services for persons with limited 

25 English proficiency). 


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1 ‘‘(e) EMERGENCY TRANSFERS.—Each appropriate 

2 agency shall adopt a model emergency transfer plan for use 

3 by public housing agencies and owners or managers of hous4 ing assisted under covered housing programs that— 

5 ‘‘(1) allows tenants who are victims of domestic 

6 violence, dating violence, sexual assault, or stalking to 

7 transfer to another available and safe dwelling unit 

8 assisted under a covered housing program if— 

9 ‘‘(A) the tenant expressly requests the trans10 fer; and 

11 ‘‘(B)(i) the tenant reasonably believes that 

12 the tenant is threatened with imminent harm 

13 from further violence if the tenant remains with14 in the same dwelling unit assisted under a cov15 ered housing program; or 

16 ‘‘(ii) in the case of a tenant who is a victim 

17 of sexual assault, the sexual assault occurred on 

18 the premises during the 90 day period preceding 

19 the request for transfer; and 

20 ‘‘(2) incorporates reasonable confidentiality 

21 measures to ensure that the public housing agency or 

22 owner or manager does not disclose the location of the 

23 dwelling unit of a tenant to a person that commits 

24 an act of domestic violence, dating violence, sexual as25 sault, or stalking against the tenant. 


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1 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

2 TRANSFER.—The Secretary of Housing and Urban Devel3 opment shall establish policies and procedures under which 

4 a victim requesting an emergency transfer under subsection 

5 (e) may receive, subject to the availability of tenant protec6 tion vouchers, assistance under section 8(o) of the United 

7 States Housing Act of 1937 (42 U.S.C. 1437f(o)). 

8 ‘‘(g) IMPLEMENTATION.—The appropriate agency with 

9 respect to each covered housing program shall implement 

10 this section, as this section applies to the covered housing 

11 program.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) SECTION 6.—Section 6 of the United States 

14 Housing Act of 1937 (42 U.S.C. 1437d) is amended— 

15 (A) in subsection (c)— 

16 (i) by striking paragraph (3); and 

17 (ii) by redesignating paragraphs (4) 

18 and (5) as paragraphs (3) and (4), respec19 tively; 

20 (B) in subsection (l)— 

21 (i) in paragraph (5), by striking ‘‘, 

22 and that an incident or incidents of actual 

23 or threatened domestic violence, dating vio24 lence, or stalking will not be construed as a 

25 serious or repeated violation of the lease by 


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1 the victim or threatened victim of that vio2 lence and will not be good cause for termi3 nating the tenancy or occupancy rights of 

4 the victim of such violence’’; and 

5 (ii) in paragraph (6), by striking ‘‘; 

6 except that’’ and all that follows through 

7 ‘‘stalking.’’; and 

8 (C) by striking subsection (u). 

9 (2) SECTION 8.—Section 8 of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437f) is amended— 

11 (A) in subsection (c), by striking paragraph 

12 (9); 

13 (B) in subsection (d)(1)— 

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

15 ‘‘and that an applicant or participant is or 

16 has been a victim of domestic violence, dat17 ing violence, or stalking is not an appro18 priate basis for denial of program assist19 ance or for denial of admission if the appli20 cant otherwise qualifies for assistance or ad21 mission’’; and 

22 (ii) in subparagraph (B)— 

23 (I) in clause (ii), by striking ‘‘, 

24 and that an incident or incidents of 

25 actual or threatened domestic violence, 


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1 dating violence, or stalking will not be 

2 construed as a serious or repeated vio3 lation of the lease by the victim or 

4 threatened victim of that violence and 

5 will not be good cause for terminating 

6 the tenancy or occupancy rights of the 

7 victim of such violence’’; and 

8 (II) in clause (iii), by striking ‘‘, 

9 except that:’’ and all that follows 

10 through ‘‘stalking.’’; 

11 (C) in subsection (f)— 

12 (i) in paragraph (6), by adding ‘‘and’’ 

13 at the end; 

14 (ii) in paragraph (7), by striking the 

15 semicolon at the end and inserting a period; 

16 and 

17 (iii) by striking paragraphs (8), (9), 

18 (10), and (11); 

19 (D) in subsection (o)— 

20 (i) in paragraph (6)(B), by striking 

21 the last sentence; 

22 (ii) in paragraph (7)— 

23 (I) in subparagraph (C), by strik24 ing ‘‘and that an incident or incidents 

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1 lence, dating violence, or stalking shall 

2 not be construed as a serious or re3 peated violation of the lease by the vic4 tim or threatened victim of that vio5 lence and shall not be good cause for 

6 terminating the tenancy or occupancy 

7 rights of the victim of such violence’’; 

8 and 

9 (II) in subparagraph (D), by 

10 striking ‘‘; except that’’ and all that 

11 follows through ‘‘stalking.’’; and 

12 (iii) by striking paragraph (20); and 

13 (E) by striking subsection (ee). 

14 (3) RULE OF CONSTRUCTION.—Nothing in this 

15 Act, or the amendments made by this Act, shall be 

16 construed— 

17 (A) to limit the rights or remedies available 

18 to any person under section 6 or 8 of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437d 

20 and 1437f), as in effect on the day before the 

21 date of enactment of this Act; 

22 (B) to limit any right, remedy, or procedure 

23 otherwise available under any provision of part 

24 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 


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1 966, 982, or 983 of title 24, Code of Federal Reg2 ulations, that— 

3 (i) was issued under the Violence 

4 Against Women and Department of Justice 

5 Reauthorization Act of 2005 (Public Law 

6 109–162; 119 Stat. 2960) or an amendment 

7 made by that Act; and 

8 (ii) provides greater protection for vic9 tims of domestic violence, dating violence, 

10 sexual assault, and stalking than this Act; 

11 or 

12 (C) to disqualify an owner, manager, or 

13 other individual from participating in or receiv14 ing the benefits of the low income housing tax 

15 credit program under section 42 of the Internal 

16 Revenue Code of 1986 because of noncompliance 

17 with the provisions of this Act. 

18 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

19 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT20 ING VIOLENCE, SEXUAL ASSAULT, AND 

21 STALKING. 

22 Chapter 11 of subtitle B of the Violence Against 

23 Women Act of 1994 (42 U.S.C. 13975 et seq.) is amended— 

24 (1) in the chapter heading, by striking 

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1 LENCE, STALKING, OR SEXUAL AS2 SAULT’’ and inserting ‘‘VICTIMS OF DO3 MESTIC VIOLENCE, DATING VIOLENCE, 

4 SEXUAL ASSAULT, OR STALKING’’; and 

5 (2) in section 40299 (42 U.S.C. 13975)— 

6 (A) in the header, by striking ‘‘CHILD VIC7 TIMS OF DOMESTIC VIOLENCE, STALKING, 

8 OR SEXUAL ASSAULT’’ and inserting ‘‘VIC9 TIMS OF DOMESTIC VIOLENCE, DATING VI10 OLENCE, SEXUAL ASSAULT, OR STALKING’’; 

11 (B) in subsection (a)(1), by striking ‘‘flee12 ing’’; 

13 (C) in subsection (b)(3)— 

14 (i) in subparagraph (A), by striking ‘‘ 

15 and’’ at the end; 

16 (ii) by redesignating subparagraph (B) 

17 as subparagraph (C); 

18 (iii) by inserting after subparagraph 

19 (A) the following: 

20 ‘‘(B) secure employment, including obtain21 ing employment counseling, occupational train22 ing, job retention counseling, and counseling con23 cerning re-entry in to the workforce; and’’; 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 2016’’; 

9 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 DEFINED.— 

17 In this paragraph, the term ‘qualified applica18 tion’ 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 victims; 

25 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 1994 

13 (42 U.S.C. 14043e et seq.) is amended— 

14 (1) in section 41404(i) (42 U.S.C. 14043e–3(i)), 

15 by striking ‘‘$10,000,000 for each of fiscal years 2007 

16 through 2011’’ and inserting ‘‘$4,000,000 for each of 

17 fiscal years 2012 through 2016’’; and 

18 (2) in section 41405(g) (42 U.S.C. 14043e–4(g)), 

19 by striking ‘‘$10,000,000 for each of fiscal years 2007 

20 through 2011’’ and inserting ‘‘$4,000,000 for each of 

21 fiscal years 2012 through 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 ‘‘fiscal 

8 years 2007 through 2011’’ and inserting ‘‘fiscal years 2012 

9 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 there19 after, the Secretary of Homeland Security shall submit to 

20 the Committee on the Judiciary of the Senate and the Com21 mittee on the Judiciary of the House of Representatives a 

22 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 Immi2 gration and Nationality Act (8 U.S.C. 1101(a)) 

3 during the preceding fiscal year; 

4 (B) were granted such nonimmigrant status 

5 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 pres17 ence in the United States under section 107(c)(3) of 

18 the Trafficking Victims Protection Act of 2000 (22 

19 U.S.C. 7105(c)(3)) during the preceding fiscal year. 

20 (5) A description of any actions being taken to 

21 reduce the adjudication and processing time, while 

22 ensuring the safe and competent processing, of an ap23 plication described in paragraph (1) or a request for 

24 continued presence referred to in paragraph (4). 


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1 SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PETI2 TIONERS. 

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 the 

6 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 pending 

12 or approved petition for classification or appli13 cation for adjustment of status or other benefit 

14 specified in section 101(a)(51) as a VAWA self15 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 end 

19 the following: 

20 ‘‘(E) SPECIAL RULE FOR QUALIFIED ALIEN

21 VICTIMS.—Subparagraphs (A), (B), and (C) 

22 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 Responsibility 

3 and Work Opportunity Reconciliation Act 

4 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 2011, 

20 may be issued until the end of the fiscal year.’’. 

21 (3) SUNSET DATE.—The amendments made by 

22 paragraphs (1) and (2) are repealed on the date on 

23 which the aggregate number of visas that were avail24 able and not issued in fiscal years 2006 through 2011 


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1 have been issued pursuant to section 214(p)(2)(C) of 

2 the Immigration and Nationality Act. 

3 (b) AGE DETERMINATIONS.—Section 214(p) of the Im4 migration and Nationality Act (8 U.S.C. 1184(p)) is 

5 amended by adding at the end the following: 

6 ‘‘(7) AGE DETERMINATIONS.— 

7 ‘‘(A) CHILDREN.—An unmarried alien who 

8 seeks to accompany, or follow to join, a parent 

9 granted status under section 101(a)(15)(U)(i), 

10 and who was under 21 years of age on the date 

11 on which such parent petitioned for such status, 

12 shall continue to be classified as a child for pur13 poses of section 101(a)(15)(U)(ii), if the alien at14 tains 21 years of age after such parent’s petition 

15 was filed but while it was pending. 

16 ‘‘(B) PRINCIPAL ALIENS.—An alien de17 scribed in clause (i) of section 101(a)(15)(U) 

18 shall continue to be treated as an alien described 

19 in clause (ii)(I) of such section if the alien at20 tains 21 years of age after the alien’s application 

21 for status under such clause (i) is filed but while 

22 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 under 

14 section 204(a)(1)(A)(iii)(II)(aa)(BB) and fol15 lowing the marriage ceremony was battered by 

16 or subject to extreme cruelty perpetrated by the 

17 alien’s intended spouse and was not at fault in 

18 failing to meet the requirements of paragraph 

19 (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 


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1 General’s’’ and inserting ‘‘The Secretary of Homeland 

2 Security, in the Secretary’s’’; and 

3 (2) in the undesignated paragraph at the end— 

4 (A) in the first sentence, by striking ‘‘Attor5 ney General’’ and inserting ‘‘Secretary of Home6 land Security’’; 

7 (B) in the second sentence, by striking ‘‘At8 torney General’’ and inserting ‘‘Secretary’’; 

9 (C) in the third sentence, by striking ‘‘At10 torney General.’’ and inserting ‘‘Secretary.’’; and 

11 (D) in the fourth sentence, by striking ‘‘At12 torney General’’ and inserting ‘‘Secretary’’. 

13 SEC. 807. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

14 CITIZEN. 

15 (a) IN GENERAL.—Section 214 of the Immigration 

16 and Nationality Act (8 U.S.C. 1184) is amended— 

17 (1) in subsection (d)— 

18 (A) in paragraph (1), by striking ‘‘crime.’’ 

19 and inserting ‘‘crime described in paragraph 

20 (3)(B) and information on any permanent pro21 tection or restraining order issued against the 

22 petitioner related to any specified crime de23 scribed in paragraph (3)(B)(i).’’; 

24 (B) in paragraph (2)(A), in the matter pre25 ceding clause (i)— 


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1 (i) by striking ‘‘a consular officer’’ and 

2 inserting ‘‘the Secretary of Homeland Secu3 rity’’; and 

4 (ii) by striking ‘‘the officer’’ and in5 serting ‘‘the Secretary’’; and 

6 (C) in paragraph (3)(B)(i), by striking 

7 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

8 stalking, or an attempt to commit any such 

9 crime.’’; and 

10 (2) in subsection (r)— 

11 (A) in paragraph (1), by striking ‘‘crime.’’ 

12 and inserting ‘‘crime described in paragraph 

13 (5)(B) and information on any permanent pro14 tection or restraining order issued against the 

15 petitioner related to any specified crime de16 scribed in subsection (5)(B)(i).’’; and 

17 (B) by amending paragraph (4)(B)(ii) to 

18 read as follows: 

19 ‘‘(ii) To notify the beneficiary as required by clause 

20 (i), the Secretary of Homeland Security shall provide such 

21 notice to the Secretary of State for inclusion in the mailing 

22 to the beneficiary described in section 833(a)(5)(A)(i) of the 

23 International Marriage Broker Regulation Act of 2005 (8 

24 U.S.C. 1375a(a)(5)(A)(i)).’’; and 


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1 (3) in paragraph (5)(B)(i), by striking ‘‘abuse, 

2 and stalking.’’ and inserting ‘‘abuse, stalking, or an 

3 attempt to commit any such crime.’’. 

4 (b) PROVISION OF INFORMATION TO K NON5 IMMIGRANTS.—Section 833 of the International Marriage 

6 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is amend7 ed— 

8 (1) in subsection (a)(5)(A)— 

9 (A) in clause (iii)— 

10 (i) by striking ‘‘State any’’ and insert11 ing ‘‘State, for inclusion in the mailing de12 scribed in clause (i), any’’; and 

13 (ii) by striking the last sentence; and 

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

15 ‘‘(iv) The Secretary of Homeland Secu16 rity shall conduct a background check of the 

17 National Crime Information Center’s Pro18 tection Order Database on each petitioner 

19 for a visa under subsection (d) or (r) of sec20 tion 214 of the Immigration and Nation21 ality Act (8 U.S.C. 1184). Any appropriate 

22 information obtained from such background 

23 check— 

24 ‘‘(I) shall accompany the criminal 

25 background information provided by 


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1 the Secretary of Homeland Security to 

2 the Secretary of State and shared by 

3 the Secretary of State with a bene4 ficiary of a petition referred to in 

5 clause (iii); and 

6 ‘‘(II) shall not be used or disclosed 

7 for any other purpose unless expressly 

8 authorized by law. 

9 ‘‘(v) The Secretary of Homeland Secu10 rity shall create a cover sheet or other mech11 anism to accompany the information re12 quired to be provided to an applicant for a 

13 visa under subsection (d) or (r) of section 

14 214 of the Immigration and Nationality 

15 Act (8 U.S.C. 1184) by clauses (i) through 

16 (iv) of this paragraph or by clauses (i) and 

17 (ii) of subsection (r)(4)(B) of such section 

18 214, that calls to the applicant’s atten19 tion— 

20 ‘‘(I) whether the petitioner dis21 closed a protection order, a restraining 

22 order, or criminal history information 

23 on the visa petition; 

24 ‘‘(II) the criminal background in25 formation and information about any 


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1 protection order obtained by the Sec2 retary of Homeland Security regarding 

3 the petitioner in the course of adjudi4 cating the petition; and 

5 ‘‘(III) whether the information the 

6 petitioner disclosed on the visa petition 

7 regarding any previous petitions filed 

8 under subsection (d) or (r) of such sec9 tion 214 is consistent with the infor10 mation in the multiple visa tracking 

11 database of the Department of Home12 land Security, as described in sub13 section (r)(4)(A) of such section 214.’’; 

14 and 

15 (2) in subsection (b)(1)(A), by striking ‘‘or’’ after 

16 ‘‘orders’’ and inserting ‘‘and’’. 

17 SEC. 808. REGULATION OF INTERNATIONAL MARRIAGE 

18 BROKERS. 

19 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR20 RIAGE BROKER ACT OF 2005.— 

21 (1) FINDINGS.—Congress finds the following: 

22 (A) The International Marriage Broker Act 

23 of 2005 (subtitle D of Public Law 109–162; 119 

24 Stat. 3066) has not been fully implemented with 


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1 regard to investigating and prosecuting viola2 tions of the law, and for other purposes. 

3 (B) Six years after Congress enacted the 

4 International Marriage Broker Act of 2005 to 

5 regulate the activities of the hundreds of for-prof6 it international marriage brokers operating in 

7 the United States, the Attorney General has not 

8 determined which component of the Department 

9 of Justice will investigate and prosecute viola10 tions of such Act. 

11 (2) REPORT.—Not later than 90 days after the 

12 date of the enactment of this Act, the Attorney Gen13 eral shall submit to Congress a report that includes 

14 the following: 

15 (A) The name of the component of the De16 partment of Justice responsible for investigating 

17 and prosecuting violations of the International 

18 Marriage Broker Act of 2005 (subtitle D of Pub19 lic Law 109–162; 119 Stat. 3066) and the 

20 amendments made by this Act. 

21 (B) A description of the policies and proce22 dures of the Attorney General for consultation 

23 with the Secretary of Homeland Security and 

24 the Secretary of State in investigating and pros25 ecuting such violations. 


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1 (b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) 

2 of the International Marriage Broker Regulation Act of 

3 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking 

4 ‘‘Federal and State sex offender public registries’’ and in5 serting ‘‘the National Sex Offender Public Website’’. 

6 (c) REGULATION OF INTERNATIONAL MARRIAGE BRO7 KERS.—Section 833(d) of the International Marriage 

8 Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 

9 amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) PROHIBITION ON MARKETING OF OR TO

13 CHILDREN.— 

14 ‘‘(A) IN GENERAL.—An international mar15 riage broker shall not provide any individual or 

16 entity with the personal contact information, 

17 photograph, or general information about the 

18 background or interests of any individual under 

19 the age of 18. 

20 ‘‘(B) COMPLIANCE.—To comply with the re21 quirements of subparagraph (A), an inter22 national marriage broker shall— 

23 ‘‘(i) obtain a valid copy of each foreign 

24 national client’s birth certificate or other 


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1 proof of age document issued by an appro2 priate government entity; 

3 ‘‘(ii) indicate on such certificate or 

4 document the date it was received by the 

5 international marriage broker; 

6 ‘‘(iii) retain the original of such cer7 tificate or document for 7 years after such 

8 date of receipt; and 

9 ‘‘(iv) produce such certificate or docu10 ment upon request to an appropriate au11 thority charged with the enforcement of this 

12 paragraph.’’; 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (A)(i)— 

15 (i) in the heading, by striking ‘‘REG16 ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; 

17 and 

18 (ii) by striking ‘‘Registry or State sex 

19 offender public registry,’’ and inserting 

20 ‘‘Website,’’; and 

21 (B) in subparagraph (B)(ii), by striking 

22 ‘‘or stalking.’’ and inserting ‘‘stalking, or an at23 tempt to commit any such crime.’’; 

24 (3) in paragraph (3)— 

25 (A) in subparagraph (A)— 


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1 (i) in clause (i), by striking ‘‘Registry, 

2 or of the relevant State sex offender public 

3 registry for any State not yet participating 

4 in the National Sex Offender Public Reg5 istry, in which the United States client has 

6 resided during the previous 20 years,’’ and 

7 inserting ‘‘Website’’; and 

8 (ii) in clause (iii)(II), by striking 

9 ‘‘background information collected by the 

10 international marriage broker under para11 graph (2)(B);’’ and inserting ‘‘signed cer12 tification and accompanying documentation 

13 or attestation regarding the background in14 formation collected under paragraph 

15 (2)(B);’’; and 

16 (B) by striking subparagraph (C); 

17 (4) in paragraph (5)— 

18 (A) in subparagraph (A)(ii), by striking ‘‘A 

19 penalty may be imposed under clause (i) by the 

20 Attorney General only’’ and inserting ‘‘At the 

21 discretion of the Attorney General, a penalty 

22 may be imposed under clause (i) either by a 

23 Federal judge, or by the Attorney General’’; 

24 (B) by amending subparagraph (B) to read 

25 as follows: 


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1 ‘‘(B) FEDERAL CRIMINAL PENALTIES.— 

2 ‘‘(i) FAILURE OF INTERNATIONAL MAR3 RIAGE BROKERS TO COMPLY WITH OBLIGA4 TIONS.—Except as provided in clause (ii), 

5 an international marriage broker that, in 

6 circumstances in or affecting interstate or 

7 foreign commerce, or within the special 

8 maritime and territorial jurisdiction of the 

9 United States— 

10 ‘‘(I) except as provided in sub11 clause (II), violates (or attempts to vio12 late) paragraph (1), (2), (3), or (4) 

13 shall be fined in accordance with title 

14 18, United States Code, or imprisoned 

15 for not more than 1 year, or both; or 

16 ‘‘(II) knowingly violates or at17 tempts to violate paragraphs (1), (2), 

18 (3), or (4) shall be fined in accordance 

19 with title 18, United States Code, or 

20 imprisoned for not more than 5 years, 

21 or both. 

22 ‘‘(ii) MISUSE OF INFORMATION.—A 

23 person who knowingly discloses, uses, or 

24 causes to be used any information obtained 

25 by an international marriage broker as a 


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1 result of a requirement under paragraph (2) 

2 or (3) for any purpose other than the disclo3 sures required under paragraph (3) shall be 

4 fined in accordance with title 18, United 

5 States Code, or imprisoned for not more 

6 than 1 year, or both. 

7 ‘‘(iii) FRAUDULENT FAILURES OF

8 UNITED STATES CLIENTS TO MAKE RE9 QUIRED SELF-DISCLOSURES.—A person who 

10 knowingly and with intent to defraud an11 other person outside the United States in 

12 order to recruit, solicit, entice, or induce 

13 that other person into entering a dating or 

14 matrimonial relationship, makes false or 

15 fraudulent representations regarding the 

16 disclosures described in clause (i), (ii), (iii), 

17 or (iv) of subsection (d)(2)(B), including by 

18 failing to make any such disclosures, shall 

19 be fined in accordance with title 18, United 

20 States Code, imprisoned for not more than 

21 1 year, or both. 

22 ‘‘(iv) RELATIONSHIP TO OTHER PEN23 ALTIES.—The penalties provided in clauses 

24 (i), (ii), and (iii) are in addition to any 

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1 eral or State law to which a person may be 

2 subject for the misuse of information, in3 cluding misuse to threaten, intimidate, or 

4 harass any individual. 

5 ‘‘(v) CONSTRUCTION.—Nothing in this 

6 paragraph or paragraph (3) or (4) may be 

7 construed to prevent the disclosure of infor8 mation to law enforcement or pursuant to a 

9 court order.’’; and 

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

11 period at the end and inserting ‘‘including equi12 table remedies.’’; 

13 (5) by redesignating paragraphs (6) and (7) as 

14 paragraphs (7) and (8), respectively; and 

15 (6) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(6) ENFORCEMENT.— 

18 ‘‘(A) AUTHORITY.—The Attorney General 

19 shall be responsible for the enforcement of the 

20 provisions of this section, including the prosecu21 tion of civil and criminal penalties provided for 

22 by this section. 

23 ‘‘(B) CONSULTATION.—The Attorney Gen24 eral shall consult with the Director of the Office 

25 on Violence Against Women of the Department of 


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1 Justice to develop policies and public education 

2 designed to promote enforcement of this section.’’. 

3 (d) GAO STUDY AND REPORT.—Section 833(f) of the 

4 International Marriage Broker Regulation Act of 2005 (8 

5 U.S.C. 1375a(f)) is amended— 

6 (1) in the subsection heading, by striking 

7 ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES

8 AND REPORTS.—’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(4) CONTINUING IMPACT STUDY AND REPORT.— 

11 ‘‘(A) STUDY.—The Comptroller General 

12 shall conduct a study on the continuing impact 

13 of the implementation of this section and of sec14 tion of 214 of the Immigration and Nationality 

15 Act (8 U.S.C. 1184) on the process for granting 

16 K nonimmigrant visas, including specifically a 

17 study of the items described in subparagraphs 

18 (A) through (E) of paragraph (1). 

19 ‘‘(B) REPORT.—Not later than 2 years after 

20 the date of the enactment of the Violence Against 

21 Women Reauthorization Act of 2011, the Comp22 troller General shall submit to the Committee on 

23 the Judiciary of the Senate and the Committee 

24 on the Judiciary of the House of Representatives 


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1 a report setting forth the results of the study con2 ducted under subparagraph (A). 

3 ‘‘(C) DATA COLLECTION.—The Attorney 

4 General, the Secretary of Homeland Security, 

5 and the Secretary of State shall collect and 

6 maintain the data necessary for the Comptroller 

7 General to conduct the study required by para8 graph (1)(A).’’. 

9 SEC. 809. ELIGIBILITY OF CRIME AND TRAFFICKING VIC10 TIMS IN THE COMMONWEALTH OF THE 

11 NORTHERN MARIANA ISLANDS TO ADJUST 

12 STATUS. 

13 Section 705(c) of the Consolidated Natural Resources 

14 Act of 2008 (Public Law 110–229; 48 U.S.C. 1806 note), 

15 is amended by striking ‘‘except that,’’ and all that follows 

16 through the end, and inserting the following: ‘‘except that— 

17 ‘‘(1) for the purpose of determining whether an 

18 alien lawfully admitted for permanent residence (as 

19 defined in section 101(a)(20) of the Immigration and 

20 Nationality Act (8 U.S.C. 1101(a)(20)) has aban21 doned or lost such status by reason of absence from 

22 the United States, such alien’s presence in the Com23 monwealth, before, on or after November 28, 2009, 

24 shall be considered to be presence in the United 

25 States; and 


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1 ‘‘(2) for the purpose of determining whether an 

2 alien whose application for status under subpara3 graph (T) or (U) of section 101(a)(15) of the Immi4 gration and Nationality Act (8 U.S.C. 1101(a)(15)) 

5 was granted is subsequently eligible for adjustment 

6 under subsection (l) or (m) of section 245 of such Act 

7 (8 U.S.C. 1255), such alien’s physical presence in the 

8 Commonwealth before, on, or after November 28, 

9 2009, and subsequent to the grant of the application, 

10 shall be considered as equivalent to presence in the 

11 United States pursuant to a nonimmigrant admis12 sion in such status.’’. 

13 TITLE IX—SAFETY FOR INDIAN 

14 WOMEN 

15 SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

16 Section 2015(a) of title I of the Omnibus Crime Con17 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) 

18 is amended— 

19 (1) in paragraph (2), by inserting ‘‘sex traf20 ficking,’’ after ‘‘sexual assault,’’; 

21 (2) in paragraph (4), by inserting ‘‘sex traf22 ficking,’’ after ‘‘sexual assault,’’; 

23 (3) in paragraph (5), by striking ‘‘and stalking’’ 

24 and all that follows and inserting ‘‘sexual assault, sex 

25 trafficking, and stalking;’’; 


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1 (4) in paragraph (7)— 

2 (A) by inserting ‘‘sex trafficking,’’ after 

3 ‘‘sexual assault,’’ each place it appears; and 

4 (B) by striking ‘‘and’’ at the end; 

5 (5) in paragraph (8)— 

6 (A) by inserting ‘‘sex trafficking,’’ after 

7 ‘‘stalking,’’; and 

8 (B) by striking the period at the end and 

9 inserting a semicolon; and 

10 (6) by adding at the end the following: 

11 ‘‘(9) provide services to address the needs of 

12 youth and children who are victims of domestic vio13 lence, dating violence, sexual assault, sex trafficking, 

14 or stalking and the needs of youth and children ex15 posed to domestic violence, dating violence, sexual as16 sault, or stalking, including support for the non17 abusing parent or the caretaker of the youth or child; 

18 and 

19 ‘‘(10) develop and promote legislation and poli20 cies that enhance best practices for responding to vio21 lent crimes against Indian women, including the 

22 crimes of domestic violence, dating violence, sexual as23 sault, sex trafficking, and stalking.’’. 


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1 SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

2 Section 2001 of title I of the Omnibus Crime Control 

3 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended 

4 by striking subsection (d) and inserting the following: 

5 ‘‘(d) TRIBAL COALITION GRANTS.— 

6 ‘‘(1) PURPOSE.—The Attorney General shall 

7 award a grant to tribal coalitions for purposes of— 

8 ‘‘(A) increasing awareness of domestic vio9 lence and sexual assault against Indian women; 

10 ‘‘(B) enhancing the response to violence 

11 against Indian women at the Federal, State, and 

12 tribal levels; 

13 ‘‘(C) identifying and providing technical 

14 assistance to coalition membership and tribal 

15 communities to enhance access to essential serv16 ices to Indian women victimized by domestic 

17 and sexual violence, including sex trafficking; 

18 and 

19 ‘‘(D) assisting Indian tribes in developing 

20 and promoting State, local, and tribal legislation 

21 and policies that enhance best practices for re22 sponding to violent crimes against Indian 

23 women, including the crimes of domestic vio24 lence, dating violence, sexual assault, sex traf25 ficking, and stalking. 


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1 ‘‘(2) GRANTS.—The Attorney General shall 

2 award grants on an annual basis under paragraph 

3 (1) to— 

4 ‘‘(A) each tribal coalition that— 

5 ‘‘(i) meets the criteria of a tribal coali6 tion under section 40002(a) of the Violence 

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

8 13925(a)); 

9 ‘‘(ii) is recognized by the Office on Vio10 lence Against Women; and 

11 ‘‘(iii) provides services to Indian 

12 tribes; and 

13 ‘‘(B) organizations that propose to incor14 porate and operate a tribal coalition in areas 

15 where Indian tribes are located but no tribal co16 alition exists. 

17 ‘‘(3) USE OF AMOUNTS.—For each of fiscal years 

18 2012 through 2016, of the amounts appropriated to 

19 carry out this subsection— 

20 ‘‘(A) not more than 10 percent shall be 

21 made available to organizations described in 

22 paragraph (2)(B), provided that 1 or more orga23 nizations determined by the Attorney General to 

24 be qualified apply; 


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1 ‘‘(B) not less than 90 percent shall be made 

2 available to tribal coalitions described in para3 graph (2)(A), which amounts shall be distributed 

4 equally among each eligible tribal coalition for 

5 the applicable fiscal year 

6 ‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Receipt 

7 of an award under this subsection by a tribal coali8 tion shall not preclude the tribal coalition from re9 ceiving additional grants under this title to carry out 

10 the purposes described in paragraph (1). 

11 ‘‘(5) MULTIPLE PURPOSE APPLICATIONS.—Noth12 ing in this subsection prohibits any tribal coalition or 

13 organization described in paragraph (2) from apply14 ing for funding to address sexual assault or domestic 

15 violence needs in the same application.’’. 

16 SEC. 903. CONSULTATION. 

17 Section 903 of the Violence Against Women and De18 partment of Justice Reauthorization Act of 2005 (42 U.S.C. 

19 14045d) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘and the Violence Against 

22 Women Act of 2000’’ and inserting ‘‘, the Vio23 lence Against Women Act of 2000’’; and 


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1 (B) by inserting ‘‘, and the Violence Against 

2 Women Reauthorization Act of 2011’’ before the 

3 period at the end; 

4 (2) in subsection (b)— 

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

6 by striking ‘‘Secretary of the Department of 

7 Health and Human Services’’ and inserting 

8 ‘‘Secretary of Health and Human Services, the 

9 Secretary of the Interior,’’; and 

10 (B) in paragraph (2), by striking ‘‘and 

11 stalking’’ and inserting ‘‘stalking, and sex traf12 ficking’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

15 submit to Congress an annual report on the annual con16 sultations required under subsection (a) that— 

17 ‘‘(1) contains the recommendations made under 

18 subsection (b) by Indian tribes during the year cov19 ered by the report; 

20 ‘‘(2) describes actions taken during the year cov21 ered by the report to respond to recommendations 

22 made under subsection (b) during the year or a pre23 vious year; and 

24 ‘‘(3) describes how the Attorney General will 

25 work in coordination and collaboration with Indian 


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1 tribes, the Secretary of Health and Human Services, 

2 and the Secretary of the Interior to address the rec3 ommendations made under subsection (b). 

4 ‘‘(d) NOTICE.—Not later than 120 days before the date 

5 of a consultation under subsection (a), the Attorney General 

6 shall notify tribal leaders of the date, time, and location 

7 of the consultation.’’. 

8 SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMES9 TIC VIOLENCE. 

10 Title II of Public Law 90–284 (25 U.S.C. 1301 et seq.) 

11 (commonly known as the ‘‘Indian Civil Rights Act of 

12 1968’’) is amended by adding at the end the following: 

13 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES14 TIC VIOLENCE. 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio17 lence’ means violence committed by a person who is 

18 or has been in a social relationship of a romantic or 

19 intimate nature with the victim, as determined by the 

20 length of the relationship, the type of relationship, 

21 and the frequency of interaction between the persons 

22 involved in the relationship. 

23 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domestic 

24 violence’ means violence committed by a current or 

25 former spouse or intimate partner of the victim, by 


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1 a person with whom the victim shares a child in com2 mon, by a person who is cohabitating with or has 

3 cohabitated with the victim as a spouse or intimate 

4 partner, or by a person similarly situated to a spouse 

5 of the victim under the domestic- or family- violence 

6 laws of an Indian tribe that has jurisdiction over the 

7 Indian country where the violence occurs. 

8 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian coun9 try’ has the meaning given the term in section 1151 

10 of title 18, United States Code. 

11 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici12 pating tribe’ means an Indian tribe that elects to ex13 ercise special domestic violence criminal jurisdiction 

14 over the Indian country of that Indian tribe. 

15 ‘‘(5) PROTECTION ORDER.—The term ‘protection 

16 order’— 

17 ‘‘(A) means any injunction, restraining 

18 order, or other order issued by a civil or crimi19 nal court for the purpose of preventing violent or 

20 threatening acts or harassment against, sexual 

21 violence against, contact or communication with, 

22 or physical proximity to, another person; and 

23 ‘‘(B) includes any temporary or final order 

24 issued by a civil or criminal court, whether ob25 tained by filing an independent action or as a 


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1 pendent lite order in another proceeding, if the 

2 civil or criminal order was issued in response to 

3 a complaint, petition, or motion filed by or on 

4 behalf of a person seeking protection. 

5 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL JU6 RISDICTION.—The term ‘special domestic violence 

7 criminal jurisdiction’ means the criminal jurisdiction 

8 that a participating tribe may exercise under this sec9 tion but could not otherwise exercise. 

10 ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The term 

11 ‘spouse or intimate partner’ has the meaning given 

12 the term in section 2266 of title 18, United States 

13 Code. 

14 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of law, in addition to all powers of self-gov17 ernment recognized and affirmed by sections 201 and 

18 203, the powers of self-government of a participating 

19 tribe include the inherent power of that tribe, which 

20 is hereby recognized and affirmed, to exercise special 

21 domestic violence criminal jurisdiction over all per22 sons. 

23 ‘‘(2) CONCURRENT JURISDICTION.—The exercise 

24 of special domestic violence criminal jurisdiction by 


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1 a participating tribe shall be concurrent with the ju2 risdiction of the United States, of a State, or of both. 

3 ‘‘(3) APPLICABILITY.—Nothing in this section— 

4 ‘‘(A) creates or eliminates any Federal or 

5 State criminal jurisdiction over Indian country; 

6 ‘‘(B) affects the authority of the United 

7 States or any State government that has been 

8 delegated authority by the United States to in9 vestigate and prosecute a criminal violation in 

10 Indian country; 

11 ‘‘(C) shall apply to an Indian tribe in the 

12 State of Alaska, except with respect to the 

13 Metlakatla Indian Community, Annette Islands 

14 Reserve; or 

15 ‘‘(D) shall limit, alter, expand, or diminish 

16 the civil or criminal jurisdiction of the State of 

17 Alaska or any subdivision of the State of Alaska. 

18 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

19 exercise special domestic violence criminal jurisdiction over 

20 a defendant for criminal conduct that falls into one or more 

21 of the following categories: 

22 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO23 LENCE.—An act of domestic violence or dating vio24 lence that occurs in the Indian country of the partici25 pating tribe. 


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1 ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.—An 

2 act that— 

3 ‘‘(A) occurs in the Indian country of the 

4 participating tribe; and 

5 ‘‘(B) violates the portion of a protection 

6 order that— 

7 ‘‘(i) prohibits or provides protection 

8 against violent or threatening acts or har9 assment against, sexual violence against, 

10 contact or communication with, or physical 

11 proximity to, another person; 

12 ‘‘(ii) was issued against the defendant; 

13 ‘‘(iii) is enforceable by the partici14 pating tribe; and 

15 ‘‘(iv) is consistent with section 2265(b) 

16 of title 18, United States Code. 

17 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

18 ‘‘(1) DEFINITION OF VICTIM.—In this subsection 

19 and with respect to a criminal proceeding in which 

20 a participating tribe exercises special domestic vio21 lence criminal jurisdiction based on a criminal viola22 tion of a protection order, the term ‘victim’ means a 

23 person specifically protected by a protection order 

24 that the defendant allegedly violated. 


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1 ‘‘(2) NON-INDIAN VICTIMS AND DEFENDANTS.— 

2 In a criminal proceeding in which a participating 

3 tribe exercises special domestic violence criminal ju4 risdiction, the case shall be dismissed if— 

5 ‘‘(A) the defendant files a pretrial motion to 

6 dismiss on the grounds that the alleged offense 

7 did not involve an Indian; and 

8 ‘‘(B) the participating tribe fails to prove 

9 that the defendant or an alleged victim is an In10 dian. 

11 ‘‘(3) TIES TO INDIAN TRIBE.—In a criminal pro12 ceeding in which a participating tribe exercises spe13 cial domestic violence criminal jurisdiction, the case 

14 shall be dismissed if— 

15 ‘‘(A) the defendant files a pretrial motion to 

16 dismiss on the grounds that the defendant and 

17 the alleged victim lack sufficient ties to the In18 dian tribe; and 

19 ‘‘(B) the prosecuting tribe fails to prove that 

20 the defendant or an alleged victim— 

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 or intimate partner 

2 of a member of the participating tribe. 

3 ‘‘(4) WAIVER.—A knowing and voluntary failure 

4 of a defendant to file a pretrial motion described in 

5 paragraph (2) or (3) shall be considered a waiver of 

6 the right to seek a dismissal under this subsection. 

7 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro8 ceeding in which a participating tribe exercises special do9 mestic violence criminal jurisdiction, the participating 

10 tribe shall provide to the defendant— 

11 ‘‘(1) all applicable rights under this Act; 

12 ‘‘(2) if a term of imprisonment of any length is 

13 imposed, all rights described in section 202(c); and 

14 ‘‘(3) all other rights whose protection is nec15 essary under the Constitution of the United States in 

16 order for Congress to recognize and affirm the inher17 ent power of the participating tribe to exercise special 

18 domestic violence criminal jurisdiction over the de19 fendant. 

20 ‘‘(f) PETITIONS TO STAY DETENTION.— 

21 ‘‘(1) IN GENERAL.—A person has filed a petition 

22 for a writ of habeas corpus in a court of the United 

23 States under section 203 may petition that court to 

24 stay further detention of that person by the partici25 pating tribe. 


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1 ‘‘(2) GRANT OF STAY.—A court shall grant a 

2 stay described in paragraph (1) if the court— 

3 ‘‘(A) finds that there is a substantial likeli4 hood that the habeas corpus petition will be 

5 granted; and 

6 ‘‘(B) after giving each alleged victim in the 

7 matter an opportunity to be heard, finds by 

8 clear and convincing evidence that under condi9 tions imposed by the court, the petitioner is not 

10 likely to flee or pose a danger to any person or 

11 the community if released. 

12 ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The Attor13 ney General may award grants to the governments of In14 dian tribes (or to authorized designees of those govern15 ments)— 

16 ‘‘(1) to strengthen tribal criminal justice systems 

17 to assist Indian tribes in exercising special domestic 

18 violence criminal jurisdiction, including— 

19 ‘‘(A) law enforcement (including the capac20 ity of law enforcement or court personnel to 

21 enter information into and obtain information 

22 from national crime information databases); 

23 ‘‘(B) prosecution; 

24 ‘‘(C) trial and appellate courts; 

25 ‘‘(D) probation systems; 


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1 ‘‘(E) detention and correctional facilities; 

2 ‘‘(F) alternative rehabilitation centers; 

3 ‘‘(G) culturally appropriate services and as4 sistance for victims and their families; and 

5 ‘‘(H) criminal codes and rules of criminal 

6 procedure, appellate procedure, and evidence; 

7 ‘‘(2) to provide indigent criminal defendants 

8 with the effective assistance of licensed defense coun9 sel, at no cost to the defendant, in criminal pro10 ceedings in which a participating tribe prosecutes a 

11 crime of domestic violence or dating violence or a 

12 criminal violation of a protection order; 

13 ‘‘(3) to ensure that, in criminal proceedings in 

14 which a participating tribe exercises special domestic 

15 violence criminal jurisdiction, jurors are summoned, 

16 selected, and instructed in a manner consistent with 

17 all applicable requirements; and 

18 ‘‘(4) to accord victims of domestic violence, dat19 ing violence, and violations of protection orders rights 

20 that are similar to the rights of a crime victim de21 scribed in section 3771(a) of title 18, United States 

22 Code, consistent with tribal law and custom. 

23 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts made 

24 available under this section shall supplement and not sup25 plant any other Federal, State, tribal, or local government 


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1 amounts made available to carry out activities described 

2 in this section. 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated $5,000,000 for each of fiscal 

5 years 2012 through 2016 to carry out subsection (g) and 

6 to provide training, technical assistance, data collection, 

7 and evaluation of the criminal justice systems of partici8 pating tribes..’’. 

9 SEC. 905. TRIBAL PROTECTION ORDERS. 

10 Section 2265 of title 18, United States Code, is amend11 ed by striking subsection (e) and inserting the following: 

12 ‘‘(e) TRIBAL COURT JURISDICTION.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), for purposes of this section, a court of an 

15 Indian tribe shall have full civil jurisdiction to issue 

16 and enforce protection orders involving any person, 

17 including the authority to enforce any orders through 

18 civil contempt proceedings, to exclude violators from 

19 Indian land, and to use other appropriate mecha20 nisms, in matters arising anywhere in the Indian 

21 country of the Indian tribe (as defined in section 

22 1151) or otherwise within the authority of the Indian 

23 tribe. 

24 ‘‘(2) APPLICABILITY.—Paragraph (1)— 


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1 ‘‘(A) shall not apply to an Indian tribe in 

2 the State of Alaska, except with respect to the 

3 Metlakatla Indian Community, Annette Islands 

4 Reserve; and 

5 ‘‘(B) shall not limit, alter, expand, or di6 minish the civil or criminal jurisdiction of the 

7 State of Alaska or any subdivision of the State 

8 of Alaska.’’. 

9 SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STAT10 UTE. 

11 (a) IN GENERAL.—Section 113 of title 18, United 

12 States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) by striking paragraph (1) and inserting 

15 the following: 

16 ‘‘(1) Assault with intent to commit murder or a 

17 violation of section 2241 or 2242, by a fine under this 

18 title, imprisonment for not more than 20 years, or 

19 both.’’; 

20 (B) in paragraph (2), by striking ‘‘felony 

21 under chapter 109A’’ and inserting ‘‘violation of 

22 section 2241 or 2242’’; 

23 (C) in paragraph (3) by striking ‘‘and 

24 without just cause or excuse,’’; 


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1 (D) in paragraph (4), by striking ‘‘six 

2 months’’ and inserting ‘‘1 year’’; 

3 (E) in paragraph (7)— 

4 (i) by striking ‘‘substantial bodily in5 jury to an individual who has not attained 

6 the age of 16 years’’ and inserting ‘‘substan7 tial bodily injury to a spouse or intimate 

8 partner, a dating partner, or an individual 

9 who has not attained the age of 16 years’’; 

10 and 

11 (ii) by striking ‘‘fine’’ and inserting ‘‘a 

12 fine’’; and 

13 (F) by adding at the end the following: 

14 ‘‘(8) Assault of a spouse, intimate partner, or 

15 dating partner by strangling, suffocating, or attempt16 ing to strangle or suffocate, by a fine under this title, 

17 imprisonment for not more than 10 years, or both.’’; 

18 and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘(b) As used in this sub21 section—’’ and inserting the following: 

22 ‘‘(b) DEFINITIONS.—In this section—’’; 

23 (B) in paragraph (1)(B), by striking ‘‘and’’ 

24 at the end; 


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1 (C) in paragraph (2), by striking the period 

2 at the end and inserting a semicolon; and 

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

4 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

5 intimate partner’ have the meanings given those 

6 terms in section 2266; 

7 ‘‘(4) the term ‘strangling’ means intentionally, 

8 knowingly, or recklessly impeding the normal breath9 ing or circulation of the blood of a person by apply10 ing pressure to the throat or neck, regardless of wheth11 er that conduct results in any visible injury or wheth12 er there is any intent to kill or protractedly injure the 

13 victim; and 

14 ‘‘(5) the term ‘suffocating’ means intentionally, 

15 knowingly, or recklessly impeding the normal breath16 ing of a person by covering the mouth of the person, 

17 the nose of the person, or both, regardless of whether 

18 that conduct results in any visible injury or whether 

19 there is any intent to kill or protractedly injure the 

20 victim.’’. 

21 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

22 18, United States Code, is amended by striking ‘‘assault 

23 with intent to commit murder, assault with a dangerous 

24 weapon, assault resulting in serious bodily injury (as deVerDate Mar 15 2010 23:45 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6203 E:\BILLS\S1925.RS S1925

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1 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

2 assault under section 113’’. 

3 (c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) of 

4 title 18, United States Code, is amended by inserting ‘‘or 

5 tribal’’ after ‘‘State’’. 

6 SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

7 INDIAN WOMEN. 

8 (a) IN GENERAL.—Section 904(a) of the Violence 

9 Against Women and Department of Justice Reauthorization 

10 Act of 2005 (42 U.S.C. 3796gg–10 note) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘The National’’ and insert13 ing ‘‘Not later than 2 years after the date of en14 actment of the Violence Against Women Reau15 thorization Act of 2011, the National’’; and 

16 (B) by inserting ‘‘and in Native villages (as 

17 defined in section 3 of the Alaska Native Claims 

18 Settlement Act (43 U.S.C. 1602))’’ before the pe19 riod at the end; 

20 (2) in paragraph (2)(A)— 

21 (A) in clause (iv), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (v), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(vi) sex trafficking.’’; 

2 (3) in paragraph (4), by striking ‘‘this Act’’ and 

3 inserting ‘‘the Violence Against Women Reauthoriza4 tion Act of 2011’’; and 

5 (4) in paragraph (5), by striking ‘‘this section 

6 $1,000,000 for each of fiscal years 2007 and 2008’’ 

7 and inserting ‘‘this subsection $1,000,000 for each of 

8 fiscal years 2012 and 2013’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 905(b)(2) of the Violence Against Women and Department 

11 of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) 

12 is amended by striking ‘‘fiscal years 2007 through 2011’’ 

13 and inserting ‘‘fiscal years 2012 through 2016’’. 

14 SEC. 908. EFFECTIVE DATES; PILOT PROJECT. 

15 (a) GENERAL EFFECTIVE DATE.—Except as provided 

16 in section 4 and subsection (b) of this section, the amend17 ments made by this title shall take effect on the date of en18 actment of this Act. 

19 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO20 LENCE CRIMINAL JURISDICTION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), subsections (b) through (e) of section 204 

23 of Public Law 90–284 (as added by section 904) shall 

24 take effect on the date that is 2 years after the date 

25 of enactment of this Act. 


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1 (2) PILOT PROJECT.— 

2 (A) IN GENERAL.—At any time during the 

3 2-year period beginning on the date of enactment 

4 of this Act, an Indian tribe may ask the Attor5 ney General to designate the tribe as a partici6 pating tribe under section 204(a) of Public Law 

7 90–284 on an accelerated basis. 

8 (B) PROCEDURE.—The Attorney General 

9 may grant a request under subparagraph (A) 

10 after coordinating with the Secretary of the Inte11 rior, consulting with affected Indian tribes, and 

12 concluding that the criminal justice system of the 

13 requesting tribe has adequate safeguards in place 

14 to protect defendants’ rights, consistent with sec15 tion 204 of Public Law 90–284. 

16 (C) EFFECTIVE DATES FOR PILOT

17 PROJECTS.—An Indian tribe designated as a 

18 participating tribe under this paragraph may 

19 commence exercising special domestic violence 

20 criminal jurisdiction pursuant to subsections (b) 

21 through (e) of section 204 of Public Law 90–284 

22 on a date established by the Attorney General, 

23 after consultation with that Indian tribe, but in 

24 no event later than the date that is 2 years after 

25 the date of enactment of this Act. 


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1 SEC. 909. INDIAN LAW AND ORDER COMMISSION. 

2 (a) IN GENERAL.—Section 15(f) of the Indian Law 

3 Enforcement Reform Act (25 U.S.C. 2812(f)) is amended 

4 by striking ‘‘2 years’’ and inserting ‘‘3 years’’. 

5 (b) REPORT.—The Attorney General, in consultation 

6 with the Attorney General of the State of Alaska, the Com7 missioner of Public Safety of the State of Alaska, the Alaska 

8 Federation of Natives and Federally recognized Indian 

9 tribes in the State of Alaska, shall report to Congress not 

10 later than one year after enactment of this Act with respect 

11 to whether the Alaska Rural Justice and Law Enforcement 

12 Commission established under Section 112(a)(1) of the Con13 solidated Appropriations Act, 2004 should be continued and 

14 appropriations authorized for the continued work of the 

15 commission. The report may contain recommendations for 

16 legislation with respect to the scope of work and composi17 tion of the commission. 

18 TITLE X—OTHER MATTERS 

19 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

20 ABUSE. 

21 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

22 2243(b) of title 18, United States Code, is amended to read 

23 as follows: 

24 ‘‘(b) OF A WARD.— 

25 ‘‘(1) OFFENSES.— 


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1 ‘‘(A) IN GENERAL.—It shall be unlawful for 

2 any person to knowingly engage, or knowingly 

3 attempt to engage, in a sexual act with another 

4 person who is— 

5 ‘‘(i) in official detention or under offi6 cial supervision or other official control of, 

7 the United States— 

8 ‘‘(I) during or after arrest; 

9 ‘‘(II) after release pretrial; 

10 ‘‘(III) while on bail, probation, 

11 supervised release, or parole; 

12 ‘‘(IV) after release following a 

13 finding of juvenile delinquency; or 

14 ‘‘(V) after release pending any 

15 further judicial proceedings; 

16 ‘‘(ii) under the professional custodial, 

17 supervisory, or disciplinary control or au18 thority of the person engaging or attempt19 ing to engage in the sexual act; and 

20 ‘‘(iii) at the time of the sexual act— 

21 ‘‘(I) in the special maritime and 

22 territorial jurisdiction of the United 

23 States; 

24 ‘‘(II) in a Federal prison, or in 

25 any prison, institution, or facility in 


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1 which persons are held in custody by 

2 direction of, or pursuant to a contract 

3 or agreement with, the United States; 

4 or 

5 ‘‘(III) under supervision or other 

6 control by the United States, or by di7 rection of, or pursuant to a contract or 

8 agreement with, the United States. 

9 ‘‘(B) SEXUAL CONTACT.—It shall be unlaw10 ful for any person to knowingly engage in sexual 

11 contact with, or cause sexual contact by, another 

12 person, if to do so would violate subparagraph 

13 (A) had the sexual contact been a sexual act. 

14 ‘‘(2) PENALTIES.— 

15 ‘‘(A) IN GENERAL.—A person that violates 

16 paragraph (1)(A) shall— 

17 ‘‘(i) be fined under this title, impris18 oned for not more than 15 years, or both; 

19 and 

20 ‘‘(ii) if, in the course of committing the 

21 violation of paragraph (1), the person en22 gages in conduct that would constitute an 

23 offense under section 2241 or 2242 if com24 mitted in the special maritime and terri25 torial jurisdiction of the United States, be 


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1 subject to the penalties provided for under 

2 section 2241 or 2242, respectively. 

3 ‘‘(B) SEXUAL CONTACT.—A person that vio4 lates paragraph (1)(B) shall be fined under this 

5 title, imprisoned for not more than 2 years, or 

6 both.’’. 

7 (b) PENALTIES FOR SEXUAL ABUSE.— 

8 (1) IN GENERAL.—Chapter 13 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 250. Penalties for sexual abuse 

12 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

13 in the course of committing an offense under this chapter 

14 or under section 901 of the Fair Housing Act (42 U.S.C. 

15 3631) to engage in conduct that would constitute an offense 

16 under chapter 109A if committed in the special maritime 

17 and territorial jurisdiction of the United States. 

18 ‘‘(b) PENALTIES.—A person that violates subsection 

19 (a) shall be subject to the penalties under the provision of 

20 chapter 109A that would have been violated if the conduct 

21 was committed in the special maritime and territorial ju22 risdiction of the United States, unless a greater penalty is 

23 otherwise authorized by law.’’. 

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—The table of sections for chapter 13 of title 


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1 18, United States Code, is amended by adding at the 

2 end the following: 

‘‘250. Penalties for sexual abuse.’’. 

3 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

4 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

5 Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e)) 

6 is amended by inserting before the period at the end the 

7 following: ‘‘or the commission of a sexual act (as defined 

8 in section 2246 of title 18, United States Code)’’. 

9 (b) UNITED STATES AS DEFENDANT.—Section 

10 1346(b)(2) of title 28, United States Code, is amended by 

11 inserting before the period at the end the following: ‘‘or the 

12 commission of a sexual act (as defined in section 2246 of 

13 title 18)’’. 

14 (c) ADOPTION AND EFFECT OF NATIONAL STAND15 ARDS.—Section 8 of the Prison Rape Elimination Act of 

16 2003 (42 U.S.C. 15607) is amended— 

17 (1) by redesignating subsection (c) as subsection 

18 (e); and 

19 (2) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OPER22 ATED BY THE DEPARTMENT OF HOMELAND SECURITY.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of the Violence Against 

25 Women Reauthorization Act of 2011, the Secretary of 


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1 Homeland Security shall publish a final rule adopt2 ing national standards for the detection, prevention, 

3 reduction, and punishment of rape and sexual assault 

4 in facilities that maintain custody of aliens detained 

5 for a violation of the immigrations laws of the United 

6 States. 

7 ‘‘(2) APPLICABILITY.—The standards adopted 

8 under paragraph (1) shall apply to detention facili9 ties operated by the Department of Homeland Secu10 rity and to detention facilities operated under con11 tract with the Department. 

12 ‘‘(3) COMPLIANCE.—The Secretary of Homeland 

13 Security shall— 

14 ‘‘(A) assess compliance with the standards 

15 adopted under paragraph (1) on a regular basis; 

16 and 

17 ‘‘(B) include the results of the assessments 

18 in performance evaluations of facilities com19 pleted by the Department of Homeland Security. 

20 ‘‘(4) CONSIDERATIONS.—In adopting standards 

21 under paragraph (1), the Secretary of Homeland Se22 curity shall give due consideration to the rec23 ommended national standards provided by the Com24 mission under section 7(e). 


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1 ‘‘(5) DEFINITION.—As used in this section, the 

2 term ‘detention facilities operated under contract with 

3 the Department’ includes, but is not limited to con4 tract detention facilities and detention facilities oper5 ated through an intergovernmental service agreement 

6 with the Department of Homeland Security. 

7 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OPER8 ATED BY THE DEPARTMENT OF HEALTH AND HUMAN

9 SERVICES.— 

10 ‘‘(1) IN GENERAL.—Not later than 180 days 

11 after the date of enactment of the Violence Against 

12 Women Reauthorization Act of 2011, the Secretary of 

13 Health and Human Services shall publish a final rule 

14 adopting national standards for the detection, preven15 tion, reduction, and punishment of rape and sexual 

16 assault in facilities that maintain custody of unac17 companied alien children (as defined in section 

18 462(g) of the Homeland Security Act of 2002 (6 

19 U.S.C. 279(g))). 

20 ‘‘(2) APPLICABILITY.—The standards adopted 

21 under paragraph (1) shall apply to facilities operated 

22 by the Department of Health and Human Services 

23 and to facilities operated under contract with the De24 partment. 


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1 ‘‘(3) COMPLIANCE.—The Secretary of Health and 

2 Human Services shall— 

3 ‘‘(A) assess compliance with the standards 

4 adopted under paragraph (1) on a regular basis; 

5 and 

6 ‘‘(B) include the results of the assessments 

7 in performance evaluations of facilities com8 pleted by the Department of Health and Human 

9 Services. 

10 ‘‘(4) CONSIDERATIONS.—In adopting standards 

11 under paragraph (1), the Secretary of Health and 

12 Human Services shall give due consideration to the 

13 recommended national standards provided by the 

14 Commission under section 7(e).’’. 

15 SEC. 1003. ANONYMOUS ONLINE HARASSMENT. 

16 Section 223(a)(1) of the Telecommunications Act of 

17 1934 (47 U.S.C. 223(a)(1)) is amended— 

18 (1) in subparagraph (A), in the undesignated 

19 matter following clause (ii), by striking ‘‘annoy,’’; 

20 (2) in subparagraph (C)— 

21 (A) by striking ‘‘annoy,’’; and 

22 (B) by striking ‘‘harass any person at the 

23 called number or who receives the communica24 tion’’ and inserting ‘‘harass any specific per25 son’’; and 


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1 (3) in subparagraph (E), by striking ‘‘harass 

2 any person at the called number or who receives the 

3 communication’’ and inserting ‘‘harass any specific 

4 person’’. 

5 SEC. 1004. STALKER DATABASE. 

6 Section 40603 of the Violence Against Women Act of 

7 1994 (42 U.S.C. 14032) is amended by striking 

8 ‘‘$3,000,000’’ and all that follows and inserting 

9 ‘‘$3,000,000 for fiscal years 2012 through 2016.’’. 

10 SEC. 1005. FEDERAL VICTIM ASSISTANTS REAUTHORIZA11 TION. 

12 Section 40114 of the Violence Against Women Act of 

13 1994 (Public Law 103–322; 108 Stat. 1910) is amended 

14 by striking ‘‘fiscal years 2007 through 2011’’ and inserting 

15 ‘‘fiscal years 2012 through 2016’’. 

16 SEC. 1006. CHILD ABUSE TRAINING PROGRAMS FOR JUDI17 CIAL PERSONNEL AND PRACTITIONERS RE18 AUTHORIZATION. 

19 Subtitle C of the Victims of Child Abuse Act of 1990 

20 (42 U.S.C. 13024) is amended in subsection (a) by striking 

21 ‘‘$2,300,000’’ and all that follows and inserting 

22 ‘‘$2,300,000 for each of fiscal years 2012 through 2016.’’. 

23 SEC. 1007. MANDATORY MINIMUM SENTENCE. 

24 Section 2241(a) of title 18, United States Code, is 

25 amended in the undesignated matter following paragraph 


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1 (2), by striking ‘‘any term of years or life’’ and inserting 

2 ‘‘not less than 5 years or imprisoned for life’’. 

3 SEC. 1008. REMOVAL OF DRUNK DRIVERS. 

4 (a) IN GENERAL.—Section 101(a)(43)(F) of the Immi5 gration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is 

6 amended by striking ‘‘for which the term of imprisonment’’ 

7 and inserting ‘‘, including a third drunk driving convic8 tion, regardless of the States in which the convictions oc9 curred or whether the offenses are classified as mis10 demeanors or felonies under State or Federal law, for which 

11 the term of imprisonment is’’. 

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall— 

14 (1) take effect on the date of the enactment of 

15 this Act; and 


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Calendar No. 312 

112TH CONGRESS 

2D SESSION S. 1925 

A BILL 

To reauthorize the Violence Against Women Act of 

1994. 

FEBRUARY 7, 2012 

Reported with an amendment 


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