II 

112TH CONGRESS 

1ST 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 and Mr. CRAPO) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Women Reauthorization Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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. 

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 


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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 fiance ́e or fiance ́ 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. 

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; 


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

2 (G) paragraphs (19) and (20) as para3 graphs (25) and (26), respectively; 

4 (H) paragraphs (21) and (22) as para5 graphs (28) and (29), respectively; 

6 (I) paragraphs (23) through (33) as para7 graphs (31) through (41), respectively; 

8 (J) paragraphs (34) and (35) as para9 graphs (43) and (44); and 

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

11 (2) by inserting before paragraph (2), as redes12 ignated, the following: 

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

14 ‘Alaska Native village’ has the same meaning given 

15 such term in the Alaska Native Claims Settlement 

16 Act (43 U.S.C. 1601 et seq.).’’; 

17 (3) by inserting after paragraph (2), as redesig18 nated, the following: 

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

20 who is under 11 years of age.’’; 

21 (4) in paragraph (4), as redesignated, by strik22 ing ‘‘serious harm.’’ and inserting ‘‘serious harm to 

23 unemancipated minor.’’; 

24 (5) in paragraph (5), as redesignated, by strik25 ing ‘‘The term’’ through ‘‘that—’’ and inserting 


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

2 nonprofit, nongovernmental, or tribal organization 

3 that serves a specific geographic community that— 

4 ’’; 

5 (6) by inserting after paragraph (7), as redesig6 nated, the following: 

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

8 term ‘culturally specific services’ means community9 based services that offer culturally relevant and lin10 guistically specific services and resources to cul11 turally specific communities. 

12 ‘‘(9) CULTURALLY SPECIFIC.—The term ‘cul13 turally specific’ means primarily directed toward ra14 cial and ethnic minority groups (as defined in sec15 tion 1707(g) of the Public Health Service Act (42 

16 U.S.C. 300–u–6(g)).’’; 

17 (7) in paragraph (10), as redesignated, by in18 serting ‘‘or intimate partner’’ after ‘‘former spouse’’ 

19 and ‘‘as a spouse’’; 

20 (8) by inserting after paragraph (13), as redes21 ignated, the following: 

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

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

24 (9) in paragraph (21), as redesignated, by in25 serting at the end the following: 


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

2 legal assistance.’’; 

3 (10) by striking paragraph (17), as in effect be4 fore the amendments made by this subsection; 

5 (11) by amending paragraph (22), as redesig6 nated, to read as follows: 

7 ‘‘(22) PERSONALLY IDENTIFYING INFORMATION

8 OR PERSONAL INFORMATION.—The term ‘personally 

9 identifying information’ or ‘personal information’ 

10 means individually identifying information for or 

11 about an individual including information likely to 

12 disclose the location of a victim of domestic violence, 

13 dating violence, sexual assault, or stalking, regard14 less of whether the information is encoded, 

15 encrypted, hashed, or otherwise protected, includ16 ing— 

17 ‘‘(A) a first and last name; 

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

19 ‘‘(C) contact information (including a post20 al, e-mail or Internet protocol address, or tele21 phone or facsimile number); 

22 ‘‘(D) a social security number, driver li23 cense number, passport number, or student 

24 identification number; and 


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

2 of birth, racial or ethnic background, or reli3 gious affiliation, that would serve to identify 

4 any individual.’’; 

5 (12) by inserting after paragraph (22), as re6 designated, the following: 

7 ‘‘(23) POPULATION SPECIFIC ORGANIZATION.— 

8 The term ‘population specific organization’ means a 

9 nonprofit, nongovernmental organization that pri10 marily serves members of a specific underserved 

11 population and has demonstrated experience and ex12 pertise providing targeted services to members of 

13 that specific underserved population. 

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

15 term ‘population specific services’ means victim-cen16 tered services that address the safety, health, eco17 nomic, legal, housing, workplace, immigration, con18 fidentiality, or other needs of victims of domestic vi19 olence, dating violence, sexual assault, or stalking, 

20 and that are designed primarily for and are targeted 

21 to a specific underserved population.’’; 

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

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

24 (14) by inserting after paragraph (26), as re25 designated, the following: 


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

2 crisis center’ means a nonprofit, nongovernmental, 

3 or tribal organization, or governmental entity in a 

4 State other than a Territory that provides interven5 tion and related assistance, as specified in 42 U.S.C. 

6 14043g(b)(2)(C), to victims of sexual assault with7 out regard to their age. In the case of a govern8 mental entity, the entity may not be part of the 

9 criminal justice system (such as a law enforcement 

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

11 of confidentiality as a nonprofit entity that provides 

12 similar victim services.’’; 

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

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

15 after the semicolon; 

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

17 period and inserting ‘‘; or’’; and 

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

19 ‘‘(C) any federally recognized Indian 

20 tribe.’’; 

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

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

23 (17) by inserting after paragraph (29), as re24 designated, the following: 


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1 ‘‘(30) SEX TRAFFICKING.—The term ‘sex traf2 ficking’ means any conduct proscribed by 18 U.S.C. 

3 1591, whether or not the conduct occurs in inter4 state or foreign commerce or within the special mar5 itime and territorial jurisdiction of the United 

6 States.’’; 

7 (18) by striking paragraph (31), as redesig8 nated, and inserting the following: 

9 ‘‘(31) SEXUAL ASSAULT.—The term ‘sexual as10 sault’ means any nonconsensual sexual act pro11 scribed by Federal, tribal, or State law, including 

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

13 (19) by amending paragraph (41), as redesig14 nated, to read as follows: 

15 ‘‘(41) UNDERSERVED POPULATIONS.—The 

16 term ‘underserved populations’ means populations 

17 who face barriers in accessing and using victim serv18 ices, and includes populations underserved because 

19 of geographic location, sexual orientation, gender 

20 identity, underserved racial and ethnic populations, 

21 populations underserved because of special needs 

22 (such as language barriers, disabilities, alienage sta23 tus, or age), and any other population determined to 

24 be underserved by the Attorney General or by the 


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1 Secretary of Health and Human Services, as appro2 priate.’’; 

3 (20) by inserting after paragraph (41), as re4 designated, the following: 

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

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

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

8 other general purpose political subdivision of a 

9 State.’’; 

10 (21) by striking paragraph (36), as in effect be11 fore the amendments made by this subsection, and 

12 inserting the following: 

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

14 terms ‘victim services’ and ‘services’ mean services 

15 provided to victims of domestic violence, dating vio16 lence, sexual assault, or stalking, including tele17 phonic or web-based hotlines, legal advocacy, eco18 nomic advocacy, emergency and transitional shelter, 

19 accompaniment and advocacy through medical, civil 

20 or criminal justice, immigration, and social support 

21 systems, crisis intervention, short-term individual 

22 and group support services, information and refer23 rals, culturally specific services, population specific 

24 services, and other related supportive services. 


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1 ‘‘(46) VICTIM SERVICE PROVIDER.—The term 

2 ‘victim service provider’ means a nonprofit, non3 governmental or tribal organization or rape crisis 

4 center, including a State or tribal coalition, that as5 sists domestic violence, dating violence, sexual as6 sault, or stalking victims, including domestic violence 

7 shelters, faith-based organizations, and other organi8 zations, with a documented history of effective work 

9 concerning domestic violence, dating violence, sexual 

10 assault, or stalking.’’; and 

11 (22) by striking paragraph (47), as redesig12 nated, and inserting the following: 

13 ‘‘(47) YOUTH.—The term ‘youth’ means a per14 son who is 11 to 24 years old.’’. 

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

16 40002 of the Violence Against Women Act of 1994 (42 

17 U.S.C. 13925(b)) is amended— 

18 (1) in paragraph (2)— 

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

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

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

22 personally identifying information or indi23 vidual information collected in connection 

24 with services requested, utilized, or denied 

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1 grams, regardless of whether the informa2 tion has been encoded, encrypted, hashed, 

3 or otherwise protected; or 

4 ‘‘(ii) disclose, reveal, or release indi5 vidual client information without the in6 formed, written, reasonably time-limited 

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

8 unemancipated minor, the minor and the 

9 parent or guardian or in the case of legal 

10 incapacity, a court-appointed guardian) 

11 about whom information is sought, wheth12 er for this program or any other Federal, 

13 State, tribal, or territorial grant program, 

14 except that consent for release may not be 

15 given by the abuser of the minor, incapaci16 tated person, or the abuser of the other 

17 parent of the minor. 

18 If a minor or a person with a legally appointed 

19 guardian is permitted by law to receive services 

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

21 minor or person with a guardian may release 

22 information without additional consent.’’; 

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

24 read as follows: 

25 ‘‘(D) INFORMATION SHARING.— 


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1 ‘‘(i) Grantees and subgrantees may 

2 share— 

3 ‘‘(I) nonpersonally identifying 

4 data in the aggregate regarding serv5 ices to their clients and nonpersonally 

6 identifying demographic information 

7 in order to comply with Federal, 

8 State, tribal, or territorial reporting, 

9 evaluation, or data collection require10 ments; 

11 ‘‘(II) court-generated information 

12 and law enforcement-generated infor13 mation contained in secure, govern14 mental registries for protection order 

15 enforcement purposes; and 

16 ‘‘(III) law enforcement-generated 

17 and prosecution-generated information 

18 necessary for law enforcement and 

19 prosecution purposes. 

20 ‘‘(ii) In no circumstances may— 

21 ‘‘(I) an adult, youth, or child vic22 tim of domestic violence, dating vio23 lence, sexual assault, or stalking be 

24 required to provide a consent to re25 lease his or her personally identifying 


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1 information as a condition of eligi2 bility for the services provided by the 

3 grantee or subgrantee; 

4 ‘‘(II) any personally identifying 

5 information be shared in order to 

6 comply with Federal, tribal, or State 

7 reporting, evaluation, or data collec8 tion requirements, whether for this 

9 program or any other Federal, tribal, 

10 or State grant program.’’; 

11 (C) by redesignating subparagraph (E) as 

12 subparagraph (F); 

13 (D) by inserting after subparagraph (D) 

14 the following: 

15 ‘‘(E) STATUTORILY MANDATED REPORTS

16 OF ABUSE OR NEGLECT.—Nothing in this sec17 tion prohibits a grantee or subgrantee from re18 porting suspected abuse or neglect, as those 

19 terms are defined by law, where specifically 

20 mandated by the State or tribe involved.’’; and 

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

22 as redesignated, the following: 

23 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

24 ASSURANCES.—Grantees and subgrantees must 

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1 tiality and privacy provisions required under 

2 this section.’’; 

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

4 following: 

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

6 the activities under this title, grantees and sub7 grantees may collaborate with, or provide informa8 tion to Federal, State, local, tribal, and territorial 

9 public officials and agencies to develop and imple10 ment policies and develop and promote State, local, 

11 or tribal legislation or model codes designed to re12 duce or eliminate domestic violence, dating violence, 

13 sexual assault, and stalking.’’; 

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

15 the following: 

16 ‘‘Final reports of such evaluations shall be made 

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

18 and 

19 (4) by inserting after paragraph (11) the fol20 lowing: 

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

22 grantee or subgrantee providing legal assistance with 

23 funds awarded under this title shall comply with the 

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1 olence Against Women Act of 2000 (42 U.S.C. 

2 3796gg–6(d)). 

3 ‘‘(13) CIVIL RIGHTS.— 

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

5 the United States shall on the basis of actual 

6 or perceived race, color, religion, national ori7 gin, sex, gender identity (as defined in para8 graph 249(c)(4) of title 18, United States 

9 Code), sexual orientation, or disability be ex10 cluded from participation in, be denied the ben11 efits of, or be subjected to discrimination under 

12 any program or activity funded in whole or in 

13 part with funds made available under the Vio14 lence Against Women Act of 1994 (title IV of 

15 Public Law 103–322; 108 Stat. 1902), the Vio16 lence Against Women Act of 2000 (division B 

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

18 Violence Against Women and Department of 

19 Justice Reauthorization Act of 2005 (title IX of 

20 Public Law 109–162; 119 Stat. 3080), the Vio21 lence Against Women Reauthorization Act of 

22 2011, and any other program or activity funded 

23 in whole or in part with funds appropriated for 

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1 sistance administered by the Office on Violence 

2 Against Women. 

3 ‘‘(B) EXCEPTION.—If gender segregation 

4 or gender-specific programming is necessary to 

5 the essential operation of a program, nothing in 

6 this paragraph shall prevent any such program 

7 or activity from consideration of an individual’s 

8 gender. In such circumstances, alternative rea9 sonable accommodations are sufficient to meet 

10 the requirements of this paragraph. 

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

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

13 the Omnibus Crime Control and Safe Streets 

14 Act of 1968 (42 U.S.C. 3789d(c)) apply to vio15 lations of subparagraph (A). 

16 ‘‘(D) CONSTRUCTION.—Nothing contained 

17 in this paragraph shall be construed, inter18 preted, or applied to supplant, displace, pre19 empt, or otherwise diminish the responsibilities 

20 and liabilities under other State or Federal civil 

21 rights law, whether statutory or common. 

22 ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND

23 LEGAL ASSISTANCE.—Victim services and legal as24 sistance provided under this title may include serv25 ices and assistance to victims of domestic violence, 


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1 dating violence, sexual assault, or stalking who are 

2 also victims of severe forms of trafficking in persons 

3 as defined by section 103 of the Trafficking Victims 

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

5 ‘‘(15) CONFERRAL.— 

6 ‘‘(A) IN GENERAL.—The Office on Vio7 lence Against Women shall establish a biennial 

8 conferral process with State and tribal coali9 tions and technical assistance providers who re10 ceive funding through grants administered by 

11 the Office on Violence Against Women and au12 thorized by this Act, and other key stake13 holders. 

14 ‘‘(B) AREAS COVERED.—The areas of con15 ferral under this paragraph shall include— 

16 ‘‘(i) the administration of grants; 

17 ‘‘(ii) unmet needs; 

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

19 and 

20 ‘‘(iv) emerging trends. 

21 ‘‘(C) INITIAL CONFERRAL.—The first con22 ferral shall be initiated not later than 6 months 

23 after the date of enactment of the Violence 

24 Against Women Reauthorization Act of 2011. 


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

2 after the conclusion of each conferral period, 

3 the Office on Violence Against Women shall 

4 publish a comprehensive report that— 

5 ‘‘(i) summarizes the issues presented 

6 during conferral and what, if any, policies 

7 it intends to implement to address those 

8 issues; and 

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

10 the Office on Violence Against Women’s 

11 website and submitted to the Committee 

12 on the Judiciary of the Senate and the 

13 Committee on the Judiciary of the House 

14 of Representatives. 

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

16 by the Attorney General under this Act shall be sub17 ject to the following accountability provisions: 

18 ‘‘(A) AUDIT REQUIREMENT.— 

19 ‘‘(i) IN GENERAL.—Beginning in the 

20 first fiscal year beginning after the date of 

21 the enactment of this Act, and in each fis22 cal year thereafter, the Inspector General 

23 of the Department of Justice shall conduct 

24 audits of recipients of grants under this 

25 Act to prevent waste, fraud, and abuse of 


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1 funds by grantees. The Inspector General 

2 shall determine the appropriate number of 

3 grantees to be audited each year. 

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

5 the term ‘unresolved audit finding’ means 

6 a finding in the final audit report of the 

7 Inspector General of the Department of 

8 Justice that the audited grantee has uti9 lized grant funds for an unauthorized ex10 penditure or otherwise unallowable cost 

11 that is not closed or resolved within 12 

12 months from the date when the final audit 

13 report is issued. 

14 ‘‘(iii) MANDATORY EXCLUSION.—A re15 cipient of grant funds under this Act that 

16 is found to have an unresolved audit find17 ing shall not be eligible to receive grant 

18 funds under this Act during the following 

19 2 fiscal years. 

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

21 under this Act, the Attorney General shall 

22 give priority to eligible entities that did not 

23 have an unresolved audit finding during 

24 the 3 fiscal years prior to submitting an 

25 application for a grant under this Act. 


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1 ‘‘(v) REIMBURSEMENT.—If an entity 

2 is awarded grant funds under this Act dur3 ing the 2-fiscal-year period in which the 

4 entity is barred from receiving grants 

5 under paragraph (2), the Attorney General 

6 shall— 

7 ‘‘(I) deposit an amount equal to 

8 the grant funds that were improperly 

9 awarded to the grantee into the Gen10 eral Fund of the Treasury; and 

11 ‘‘(II) seek to recoup the costs of 

12 the repayment to the fund from the 

13 grant recipient that was erroneously 

14 awarded grant funds. 

15 ‘‘(B) NONPROFIT ORGANIZATION REQUIRE16 MENTS.— 

17 ‘‘(i) DEFINITION.—For purposes of 

18 this paragraph and the grant programs de19 scribed in this Act, the term ‘nonprofit or20 ganization’ means an organization that is 

21 described in section 501(c)(3) of the Inter22 nal Revenue Code of 1986 and is exempt 

23 from taxation under section 501(a) of such 

24 Code. 


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1 ‘‘(ii) PROHIBITION.—The Attorney 

2 General may not award a grant under any 

3 grant program described in this Act to a 

4 nonprofit organization that holds money in 

5 offshore accounts for the purpose of avoid6 ing paying the tax described in section 

7 511(a) of the Internal Revenue Code of 

8 1986. 

9 ‘‘(iii) DISCLOSURE.—Each nonprofit 

10 organization that is awarded a grant under 

11 a grant program described in this Act and 

12 uses the procedures prescribed in regula13 tions to create a rebuttable presumption of 

14 reasonableness for the compensation of its 

15 officers, directors, trustees and key em16 ployees, shall disclose to the Attorney Gen17 eral, in the application for the grant, the 

18 process for determining such compensa19 tion, including the independent persons in20 volved in reviewing and approving such 

21 compensation, the comparability data used, 

22 and contemporaneous substantiation of the 

23 deliberation and decision. Upon request, 

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1 mation disclosed under this subsection 

2 available for public inspection. 

3 ‘‘(C) CONFERENCE EXPENDITURES.— 

4 ‘‘(i) LIMITATION.—No amounts au5 thorized to be appropriated to the Depart6 ment of Justice under this Act may be 

7 used by the Attorney General, or by any 

8 individual or organization awarded discre9 tionary funds through a cooperative agree10 ment under this Act, to host or support 

11 any expenditure for conferences that uses 

12 more than $20,000 in Department funds, 

13 unless the Deputy Attorney General or 

14 such Assistant Attorney Generals, Direc15 tors, or principal deputies as the Deputy 

16 Attorney General may designate, provides 

17 prior written authorization that the funds 

18 may be expended to host a conference. 

19 ‘‘(ii) WRITTEN APPROVAL.—Written 

20 approval under clause (i) shall include a 

21 written estimate of all costs associated 

22 with the conference, including the cost of 

23 all food and beverages, audiovisual equip24 ment, honoraria for speakers, and any en25 tertainment. 


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

2 General shall submit an annual report to 

3 the Committee on the Judiciary of the 

4 Senate and the Committee on the Judici5 ary of the House of Representatives on all 

6 approved conference expenditures ref7 erenced in paragraph (1). 

8 ‘‘(D) ANNUAL CERTIFICATION.—Beginning 

9 in the first fiscal year beginning after the date 

10 of the enactment of this Act, the Attorney Gen11 eral shall submit, to the Committee on the Ju12 diciary and the Committee on Appropriations of 

13 the Senate and the Committee on the Judiciary 

14 and the Committee on Appropriations of the 

15 House of Representatives, an annual certifi16 cation that— 

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

18 the Inspector General under paragraph (1) 

19 have been completed and reviewed by the 

20 appropriate Assistant Attorney General or 

21 Director; 

22 ‘‘(ii) all mandatory exclusions required 

23 under subparagraph (A)(iii) have been 

24 issued; 


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1 ‘‘(iii) all reimbursements required 

2 under subparagraph (A)(v) have been 

3 made; and 

4 ‘‘(iv) includes a list of any grant re5 cipients excluded under subparagraph (A) 

6 from the previous year.’’. 

7 TITLE I—ENHANCING JUDICIAL 

8 AND LAW ENFORCEMENT 

9 TOOLS TO COMBAT VIOLENCE 

10 AGAINST WOMEN 

11 SEC. 101. STOP GRANTS. 

12 Title I of the Omnibus Crime Control and Safe 

13 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend14 ed— 

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

16 3793(a)(18)), by striking ‘‘$225,000,000 for each of 

17 fiscal years 2007 through 2011’’ and inserting 

18 ‘‘$222,000,000 for each of fiscal years 2012 through 

19 2016’’; 

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

21 (A) in the matter preceding paragraph 

22 (1)— 

23 (i) by striking ‘‘equipment’’ and in24 serting ‘‘resources’’; and 


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1 (ii) by inserting ‘‘for the protection 

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

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

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

5 violence’’ and inserting ‘‘domestic violence, dat6 ing violence, sexual assault, and stalking, in7 cluding the appropriate use of nonimmigrant 

8 status under subparagraphs (T) and (U) of sec9 tion 101(a)(15) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(a))’’; 

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

12 assault and domestic violence’’ and inserting 

13 ‘‘domestic violence, dating violence, sexual as14 sault, and stalking’’; 

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

16 assault and domestic violence’’ and inserting 

17 ‘‘domestic violence, dating violence, sexual as18 sault, and stalking, as well as the appropriate 

19 treatment of victims’’; 

20 (E) in paragraph (4)— 

21 (i) by striking ‘‘sexual assault and do22 mestic violence’’ and inserting ‘‘domestic 

23 violence, dating violence, sexual assault, 

24 and stalking’’; and 


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

2 ‘‘identifying’’; 

3 (F) in paragraph (5)— 

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

5 after ‘‘victim services’’; 

6 (ii) by striking ‘‘domestic violence and 

7 dating violence’’ and inserting ‘‘domestic 

8 violence, dating violence, and stalking’’; 

9 (iii) by striking ‘‘sexual assault and 

10 domestic violence’’ and inserting ‘‘domestic 

11 violence, dating violence, sexual assault, 

12 and stalking’’; and 

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

14 and all that follows and inserting ‘‘includ15 ing crimes of domestic violence, dating vio16 lence, sexual assault, and stalking;’’; 

17 (G) by striking paragraph (6) and redesig18 nating paragraphs (7) through (14) as para19 graphs (6) through (13), respectively; 

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

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

22 and domestic violence’’ and inserting ‘‘domestic 

23 violence, dating violence, sexual assault, and 

24 stalking’’; 


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

2 subparagraph (G), by striking ‘‘and dating vio3 lence’’ and inserting ‘‘dating violence, and 

4 stalking’’; 

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

6 subparagraph (G), by striking ‘‘domestic vio7 lence or sexual assault’’ and inserting ‘‘domestic 

8 violence, dating violence, sexual assault, or 

9 stalking’’; 

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

11 subparagraph (G)— 

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

13 ‘‘triage protocols to ensure that dangerous 

14 or potentially lethal cases are identified 

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

16 evidence-based indicators to assess the risk 

17 of domestic and dating violence homicide 

18 and prioritize dangerous or potentially le19 thal cases’’; and 

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

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

22 subparagraph (G)— 

23 (i) by striking ‘‘to provide’’ and in24 serting ‘‘providing’’; 


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1 (ii) by striking ‘‘nonprofit nongovern2 mental’’; 

3 (iii) by striking the comma after 

4 ‘‘local governments’’; and 

5 (iv) by striking the period at the end 

6 and inserting a semicolon; 

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

8 redesignated by subparagraph (G), the fol9 lowing: 

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

11 tribal legislation and policies that enhance best prac12 tices for responding to domestic violence, dating vio13 lence, sexual assault, and stalking; 

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

15 Sexual Assault Response Teams, or other similar co16 ordinated community responses to sexual assault; 

17 ‘‘(16) developing and strengthening policies, 

18 protocols, best practices, and training for law en19 forcement agencies and prosecutors relating to the 

20 investigation and prosecution of sexual assault cases 

21 and the appropriate treatment of victims; 

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

23 programs addressing sexual assault against men, 

24 women, and youth in correctional and detention set25 tings; 


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1 ‘‘(18) identifying and conducting inventories of 

2 backlogs of sexual assault evidence collection kits 

3 and developing protocols and policies for responding 

4 to and addressing such backlogs, including protocols 

5 and policies for notifying and involving victims; 

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

7 programs and projects to provide services and re8 sponses targeting male and female victims of domes9 tic violence, dating violence, sexual assault, or stalk10 ing, whose ability to access traditional services and 

11 responses is affected by their sexual orientation or 

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

13 18, United States Code; and 

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

15 prevention and educational programming to address 

16 domestic violence, dating violence, sexual assault, or 

17 stalking, with not more than 5 percent of the 

18 amount allocated to a State to be used for this pur19 pose.’’; and 

20 (N) in the flush text at the end, by strik21 ing ‘‘paragraph (14)’’ and inserting ‘‘paragraph 

22 (13)’’; 

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

24 (A) in subsection (a), by striking ‘‘non25 profit nongovernmental victim service proVerDate Mar 15 2010 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925

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1 grams’’ and inserting ‘‘victim service pro2 viders’’; 

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

4 including populations of Indian tribes)’’; 

5 (C) in subsection (c)— 

6 (i) by striking paragraph (2) and in7 serting the following: 

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

9 plan for implementation and shall consult and co10 ordinate with— 

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

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

13 ‘‘(C) the law enforcement entities within 

14 the State; 

15 ‘‘(D) prosecution offices; 

16 ‘‘(E) State and local courts; 

17 ‘‘(F) Tribal governments in those States 

18 with State or federally recognized Indian tribes; 

19 ‘‘(G) representatives from underserved 

20 populations; 

21 ‘‘(H) victim service providers; 

22 ‘‘(I) population specific organizations; and 

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

24 Attorney General identifies as needed for the 

25 planning process;’’; 


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1 (ii) by striking paragraph (4); 

2 (iii) by redesignating paragraph (3) as 

3 paragraph (4); 

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

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

6 ‘‘(3) grantees shall coordinate the State imple7 mentation plan described in paragraph (2) with the 

8 State plans described in section 307 of the Family 

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

10 10407) and the plans described in the Victims of 

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

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

13 U.S.C. 280b–1b).’’; 

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

15 by clause (ii)— 

16 (I) in subparagraph (A), by strik17 ing ‘‘and not less than 25 percent 

18 shall be allocated for prosecutors’’; 

19 (II) by redesignating subpara20 graphs (B) and (C) as subparagraphs 

21 (C) and (D); 

22 (III) by inserting after subpara23 graph (A), the following: 

24 ‘‘(B) not less than 25 percent shall be allo25 cated for prosecutors;’’; 


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1 (IV) in subparagraph (C), as re2 designated by subclause (II), by strik3 ing ‘‘culturally specific community 

4 based’’ and inserting ‘‘population spe5 cific’’; and 

6 (V) in subparagraph (D) as re7 designated by subclause (II) by strik8 ing ‘‘for’’ and inserting ‘‘to’’; and 

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

11 ‘‘(5) not later than 3 years after the date of en12 actment of this Act, and every year thereafter, not 

13 less than 25 percent of the total amount granted to 

14 a State under this subchapter shall be allocated for 

15 programs or projects that meaningfully address sex16 ual assault, including stranger rape, acquaintance 

17 rape, alcohol or drug-facilitated rape, and rape with18 in the context of an intimate partner relationship.’’; 

19 (D) by striking subsection (d) and insert20 ing the following: 

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

22 for a grant under this section shall include— 

23 ‘‘(1) the certifications of qualification required 

24 under subsection (c); 


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

2 for the payment of forensic medical exams and judi3 cial notification, described in section 2010; 

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

5 for paying fees and costs relating to domestic vio6 lence and protection order cases, described in section 

7 2011 of this title; 

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

9 prohibiting polygraph examinations of victims of sex10 ual assault, described in section 2013 of this title; 

11 ‘‘(5) an implementation plan required under 

12 subsection (i); and 

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

14 General may require.’’; 

15 (E) in subsection (e)— 

16 (i) in paragraph (2)— 

17 (I) in subparagraph (A), by strik18 ing ‘‘domestic violence and sexual as19 sault’’ and inserting ‘‘domestic vio20 lence, dating violence, sexual assault, 

21 and stalking’’; and 

22 (II) in subparagraph (D), by 

23 striking ‘‘linguistically and culturally’’ 

24 and inserting ‘‘population’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

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

4 this part, the Attorney General may impose reason5 able conditions on grant awards to ensure that the 

6 States meet statutory, regulatory, and other pro7 grams requirements.’’; 

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

9 at the end and inserting ‘‘, except that, for pur10 poses of this subsection, the costs of the 

11 projects for victim services or tribes for which 

12 there is an exemption under section 

13 40002(b)(1) of the Violence Against Women 

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

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

16 and 

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

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

19 a grant under this part shall— 

20 ‘‘(1) develop an implementation plan in con21 sultation with the entities listed in subsection (c)(2), 

22 that identifies how the State will use the funds 

23 awarded under this part; and 

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


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1 ‘‘(A) the implementation plan developed 

2 under paragraph (1); 

3 ‘‘(B) documentation from each member of 

4 the planning committee as to their participation 

5 in the planning process; 

6 ‘‘(C) documentation from the prosecution, 

7 law enforcement, court, and victim services pro8 grams to be assisted, describing— 

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

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

11 funds; 

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

13 funds; and 

14 ‘‘(iv) the demographic characteristics 

15 of the populations to be served, including 

16 age, disability, race, ethnicity, and lan17 guage background; 

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

19 ensure that any subgrantees will consult with 

20 victim service providers during the course of de21 veloping their grant applications in order to en22 sure that the proposed activities are designed to 

23 promote the safety, confidentiality, and eco24 nomic independence of victims; 


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1 ‘‘(E) demographic data on the distribution 

2 of underserved populations within the State and 

3 a description of how the State will meet the 

4 needs of underserved populations, including the 

5 minimum allocation for population specific serv6 ices required under subsection (c)(4)(C); 

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

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

9 ‘‘(G) goals and objectives for reducing do10 mestic violence-related homicides within the 

11 State; and 

12 ‘‘(H) any other information requested by 

13 the Attorney General. 

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

15 any returned or remaining funds for any authorized pur16 pose under this part if— 

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

18 part are returned to the State; or 

19 ‘‘(2) the State does not receive sufficient eligi20 ble applications to award the full funding within the 

21 allocations in subparagraphs (A) through (d) of sub22 section (c)(3),’’; 

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

24 (A) in subsection (a), by striking para25 graph (1) and inserting the following: 


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1 ‘‘(1) IN GENERAL.—A State, Indian tribal gov2 ernment, or unit of local government shall not be en3 titled to funds under this subchapter unless the 

4 State, Indian tribal government, unit of local govern5 ment, or another governmental entity— 

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

7 forensic medical exams described in subsection 

8 (b) for victims of sexual assault; and 

9 ‘‘(B) coordinates with health care providers 

10 in the region to notify victims of sexual assault 

11 of the availability of rape exams at no cost to 

12 the victims.’’; 

13 (B) in subsection (b)— 

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

15 after the semicolon; 

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

17 or’’ and inserting a period; and 

18 (iii) by striking paragraph (3); 

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

20 that such funds’’ and all that follows and in21 serting a period; and 

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

23 follows: 

24 ‘‘(d) NONCOOPERATION.— 


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

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

3 unit of local government shall comply with sub4 section (b) without regard to whether the victim par5 ticipates in the criminal justice system or cooperates 

6 with law enforcement. 

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

8 and Indian tribal governments shall have 3 years 

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

10 compliance with this subsection.’’; and 

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

12 5(a)(1))— 

13 (A) by inserting ‘‘modification, enforce14 ment, dismissal,’’ after ‘‘registration,’’ each 

15 place it appears; and 

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

17 that follows through ‘‘sexual assault’’ and in18 serting ‘‘domestic violence, dating violence, sex19 ual assault, or stalking’’. 

20 SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND 

21 ENFORCEMENT OF PROTECTION ORDERS. 

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

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

24 3796hh et seq.) is amended— 

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


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1 (A) in subsection (b)— 

2 (i) in the matter preceding paragraph 

3 (1), by striking ‘‘States,’’ and all that fol4 lows through ‘‘units of local government’’ 

5 and inserting ‘‘grantees’’; 

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

7 ‘‘and enforcement of protection orders 

8 across State and tribal lines’’ before the 

9 period; 

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

11 ‘‘and training in police departments to im12 prove tracking of cases’’ and inserting 

13 ‘‘data collection systems, and training in 

14 police departments to improve tracking of 

15 cases and classification of complaints’’; 

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

17 ‘‘and provide the appropriate training and 

18 education about domestic violence, dating 

19 violence, sexual assault, and stalking’’ after 

20 ‘‘computer tracking systems’’; 

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

22 ‘‘and other victim services’’ after ‘‘legal ad23 vocacy service programs’’; 

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

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


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1 tribal, territorial, and local judges, courts, 

2 and court-based and court-related per3 sonnel’’; 

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

5 ‘‘and sexual assault’’ and inserting ‘‘dating 

6 violence, sexual assault, and stalking’’; 

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

8 ‘‘non-profit, non-governmental victim serv9 ices organizations,’’ and inserting ‘‘victim 

10 service providers, population specific orga11 nizations,’’; and 

12 (ix) by adding at the end the fol13 lowing: 

14 ‘‘(14) To develop and implement training pro15 grams for prosecutors and other prosecution-related 

16 personnel regarding best practices to ensure offender 

17 accountability, victim safety, and victim consultation 

18 in cases involving domestic violence, dating violence, 

19 sexual assault, and stalking. 

20 ‘‘(15) To develop or strengthen policies, proto21 cols, and training for law enforcement officers, pros22 ecutors, and the judiciary in recognizing, inves23 tigating, and prosecuting instances of domestic vio24 lence, dating violence, sexual assault, and stalking 

25 against immigrant victims, including the appropriate 


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1 use of applications for nonimmigrant status under 

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

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

4 1101(a)(15)). 

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

6 tribal legislation and policies that enhance best prac7 tices for responding to the crimes of domestic vio8 lence, dating violence, sexual assault, and stalking, 

9 including the appropriate treatment of victims. 

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

11 assault nurse examiner programs or sexual assault 

12 forensic examiner programs, including the hiring 

13 and training of such examiners. 

14 ‘‘(18) To develop, implement, or enhance Sex15 ual Assault Response Teams or similar coordinated 

16 community responses to sexual assault. 

17 ‘‘(19) To develop and strengthen policies, proto18 cols, and training for law enforcement officers and 

19 prosecutors regarding the investigation and prosecu20 tion of sexual assault cases and the appropriate 

21 treatment of victims. 

22 ‘‘(20) To provide human immunodeficiency 

23 virus testing programs, counseling, and prophylaxis 

24 for victims of sexual assault. 


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1 ‘‘(21) To identify and inventory backlogs of sex2 ual assault evidence collection kits and to develop 

3 protocols for responding to and addressing such 

4 backlogs, including policies and protocols for noti5 fying and involving victims. 

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

7 teams focusing on reducing domestic violence and 

8 dating violence homicides by— 

9 ‘‘(A) using evidence-based indicators to as10 sess the risk of homicide and link high-risk vic11 tims to immediate crisis intervention services; 

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

13 offenders; and 

14 ‘‘(C) providing ongoing victim advocacy 

15 and referrals to comprehensive services includ16 ing legal, housing, health care, and economic 

17 assistance.’’; 

18 (B) in subsection (c)— 

19 (i) in paragraph (1)— 

20 (I) in the matter preceding sub21 paragraph (A), by inserting ‘‘except 

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

23 (II) by redesignating subpara24 graphs (A) and (B) as clauses (i) and 


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1 (ii), and adjusting the margin accord2 ingly; 

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

4 ‘‘except for a court,’’ before ‘‘dem5 onstrate’’; 

6 (iii) in paragraph (4)— 

7 (I) by inserting ‘‘modification, 

8 enforcement, dismissal,’’ after ‘‘reg9 istration,’’ each place it appears; 

10 (II) by inserting ‘‘dating vio11 lence,’’ after ‘‘domestic violence,’’; and 

12 (III) by striking ‘‘and’’ at the 

13 end; 

14 (iv) in paragraph (5)— 

15 (I) in the matter preceding sub16 paragraph (A), by striking ‘‘, not later 

17 than 3 years after the date of enact18 ment of this section,’’; 

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

20 sentencing for’’ after ‘‘investigation 

21 of’’ each place it appears; 

22 (III) by redesignating subpara23 graphs (A) and (B) as clauses (i) and 

24 (ii), and adjusting the margin accord25 ingly; 


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1 (IV) in clause (ii), as redesig2 nated by subclause (III) of this 

3 clause, by striking ‘‘subparagraph 

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

5 (V) by striking the period at the 

6 end and inserting ‘‘; and’’; 

7 (v) by redesignating paragraphs (1) 

8 through (5), as amended by this subpara9 graph, as subparagraphs (A) through (E), 

10 respectively; 

11 (vi) in the matter preceding subpara12 graph (A), as redesignated by clause (v) of 

13 this subparagraph— 

14 (I) by striking the comma that 

15 immediately follows another comma; 

16 and 

17 (II) by striking ‘‘grantees are 

18 States’’ and inserting the following: 

19 ‘‘grantees are— 

20 ‘‘(1) States’’; and 

21 (vii) by adding at the end the fol22 lowing: 

23 ‘‘(2) a State, tribal, or territorial domestic vio24 lence or sexual assault coalition or a victim service 

25 provider that partners with a State, Indian tribal 


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•S 1925 IS

1 government, or unit of local government that cer2 tifies that the State, Indian tribal government, or 

3 unit of local government meets the requirements 

4 under paragraph (1).’’; 

5 (C) in subsection (d)— 

6 (i) in paragraph (1)— 

7 (I) in the matter preceding sub8 paragraph (A), by inserting ‘‘, policy,’’ 

9 after ‘‘law’’; and 

10 (II) in subparagraph (A), by in11 serting ‘‘and the defendant is in cus12 tody or has been served with the in13 formation or indictment’’ before the 

14 semicolon; and 

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

16 and inserting ‘‘its’’; and 

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

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

19 amounts appropriated for purposes of this part for each 

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

21 projects that address sexual assault, including stranger 

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

23 and rape within the context of an intimate partner rela24 tionship.’’; and 


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

2 1(a))— 

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

4 after ‘‘tribal government,’’; and 

5 (B) in paragraph (4), by striking ‘‘non6 profit, private sexual assault and domestic vio7 lence programs’’ and inserting ‘‘victim service 

8 providers and, as appropriate, population spe9 cific organizations’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 1001(a)(19) of title I of the Omnibus Crime Control and 

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

13 amended— 

14 (1) by striking ‘‘$75,000,000’’ and all that fol15 lows through ‘‘2011.’’ and inserting ‘‘$70,000,000 

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

17 (2) by striking the period that immediately fol18 lows another period. 

19 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

20 Section 1201 of the Violence Against Women Act of 

21 2000 (42 U.S.C. 3796gg–6) is amended— 

22 (1) in subsection (a)— 

23 (A) in the first sentence, by striking ‘‘aris24 ing as a consequence of’’ and inserting ‘‘relat25 ing to or arising out of’’; and 


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1 (B) in the second sentence, by inserting 

2 ‘‘or arising out of’’ after ‘‘relating to’’; 

3 (2) in subsection (b)— 

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

5 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; 

6 and 

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

8 after ‘‘definitions’’; 

9 (3) in subsection (c)— 

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

11 services organizations’’ and inserting ‘‘victim 

12 service providers’’; and 

13 (B) by striking paragraph (3) and insert14 ing the following: 

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

16 and projects to provide competent, supervised pro 

17 bono legal assistance for victims of domestic vio18 lence, dating violence, sexual assault, or stalking, ex19 cept that not more than 10 percent of the funds 

20 awarded under this section may be used for the pur21 pose described in this paragraph.’’; 

22 (4) in subsection (d)— 

23 (A) in paragraph (1), by striking ‘‘this sec24 tion has completed’’ and all that follows and in25 serting the following: ‘‘this section—’’ 


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1 ‘‘(A) has demonstrated expertise in pro2 viding legal assistance or advocacy to victims of 

3 domestic violence, dating violence, sexual as4 sault, or stalking in the targeted population; or 

5 ‘‘(B)(i) is partnered with an entity or per6 son that has demonstrated expertise described 

7 in subparagraph (A); and 

8 ‘‘(ii) has completed, or will complete, train9 ing in connection with domestic violence, dating 

10 violence, stalking, or sexual assault and related 

11 legal issues, including training on evidence12 based risk factors for domestic and dating vio13 lence homicide;’’; and 

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

15 organization’’ and inserting ‘‘stalking victim 

16 service provider’’; and 

17 (5) in subsection (f) in paragraph (1), by strik18 ing ‘‘this section’’ and all that follows and inserting 

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

20 fiscal years 2012 through 2016.’’. 

21 SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMI22 LIES IN THE JUSTICE SYSTEM. 

23 (a) IN GENERAL.—Title III of division B of the Vic24 tims of Trafficking and Violence Protection Act of 2000 

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


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

2 10420), as amended by section 306 of the Violence 

3 Against Women and Department of Justice Reauthoriza4 tion Act of 2005 (Public Law 109–162; 119 Stat. 316), 

5 and inserting the following: 

6 ‘‘SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION 

7 IMPROVEMENTS. 

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

9 grants to States, units of local government, courts (includ10 ing juvenile courts), Indian tribal governments, nonprofit 

11 organizations, legal services providers, and victim services 

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

13 and criminal justice system to families with a history of 

14 domestic violence, dating violence, sexual assault, or stalk15 ing, or in cases involving allegations of child sexual abuse. 

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

17 may be used to— 

18 ‘‘(1) provide supervised visitation and safe visi19 tation exchange of children and youth by and be20 tween parents in situations involving domestic vio21 lence, dating violence, child sexual abuse, sexual as22 sault, or stalking; 

23 ‘‘(2) develop and promote State, local, and trib24 al legislation, policies, and best practices for improv25 ing civil and criminal court functions, responses, 


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1 practices, and procedures in cases involving a history 

2 of domestic violence or sexual assault, or in cases in3 volving allegations of child sexual abuse, including 

4 cases in which the victim proceeds pro se; 

5 ‘‘(3) educate court-based and court-related per6 sonnel (including custody evaluators and guardians 

7 ad litem) and child protective services workers on 

8 the dynamics of domestic violence, dating violence, 

9 sexual assault, and stalking, including information 

10 on perpetrator behavior, evidence-based risk factors 

11 for domestic and dating violence homicide, and on 

12 issues relating to the needs of victims, including 

13 safety, security, privacy, and confidentiality, includ14 ing cases in which the victim proceeds pro se; 

15 ‘‘(4) provide appropriate resources in juvenile 

16 court matters to respond to dating violence, domestic 

17 violence, sexual assault (including child sexual 

18 abuse), and stalking and ensure necessary services 

19 dealing with the health and mental health of victims 

20 are available; 

21 ‘‘(5) enable courts or court-based or court-re22 lated programs to develop or enhance— 

23 ‘‘(A) court infrastructure (such as special24 ized courts, consolidated courts, dockets, intake 

25 centers, or interpreter services); 


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1 ‘‘(B) community-based initiatives within 

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

6 ‘‘(C) offender management, monitoring, 

7 and accountability programs; 

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

10 within and between court systems; 

11 ‘‘(E) education and outreach programs to 

12 improve community access, including enhanced 

13 access for underserved populations; and 

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

15 responses to domestic violence, dating violence, 

16 sexual assault, and stalking; 

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

18 services, including legal information and resources in 

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

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

21 ‘‘(B) nonoffending parents in matters— 

22 ‘‘(i) that involve allegations of child 

23 sexual abuse; 


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

3 and divorce; and 

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

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

8 and tribal model codes and policies, to improve the 

9 capacity of grantees and communities to address the 

10 civil justice needs of victims of domestic violence, 

11 dating violence, sexual assault, and stalking who 

12 have legal representation, who are proceeding pro se, 

13 or are proceeding with the assistance of a legal advo14 cate; and 

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

16 judges, judicial personnel, attorneys, child welfare 

17 personnel, and legal advocates in the civil justice 

18 system. 

19 ‘‘(c) CONSIDERATIONS.— 

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

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

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

24 by the proposed programs and services; 


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

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

5 demonstrates cooperation and collaboration 

6 with nonprofit, nongovernmental entities in the 

7 local community with demonstrated histories of 

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

10 State or tribal domestic violence coalitions, 

11 State or tribal sexual assault coalitions, local 

12 shelters, and programs for domestic violence 

13 and sexual assault victims; and 

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

15 demonstrates coordination and collaboration 

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

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

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

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

23 family violence, child custody, child abuse and ne24 glect, adoption, foster care, supervised visitation, di25 vorce, and parentage. 


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

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

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

6 stalking, or child sexual abuse, as appropriate; 

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

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

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

12 victims of domestic violence, dating violence, sexual 

13 assault, or stalking are not charged fees or any 

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

18 stalking; 

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

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

23 the development of protocols or policies to ensure 

24 that confidential information is not shared with 

25 courts, law enforcement agencies, or child welfare 


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1 agencies unless necessary to ensure the safety of any 

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

4 operate supervised visitation programs and services 

5 or safe visitation exchange; 

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

7 the applicant do not require mediation or counseling 

8 involving offenders and victims being physically 

9 present in the same place, in cases where domestic 

10 violence, dating violence, sexual assault, or stalking 

11 is alleged; 

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

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

16 stalking, including child sexual abuse, and related 

17 legal issues; and 

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

19 evaluation or guardian ad litem services through a 

20 program funded under this section has completed or 

21 will complete training developed with input from and 

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

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1 cluding child sexual abuse, that includes training on 

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

3 evidenced-based theories to make recommendations 

4 on custody and visitation. 

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

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

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

8 Amounts appropriated pursuant to this subsection shall 

9 remain available until expended. 

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

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

12 the total amount available under this section for 

13 each fiscal year shall be available for grants under 

14 the program authorized by section 3796gg–10 of 

15 this title. 

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

19 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

20 Subtitle J of the Violence Against Women Act of 1994 

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

22 SEC. 105. SEX OFFENDER MANAGEMENT. 

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

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


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1 ‘‘$5,000,000’’ and all that follows and inserting 

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

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

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

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

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

9 2015’’; 

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

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

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

13 and 

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

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

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

17 the Administrator a report regarding the use of the grant 

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

22 in the child welfare system.’’; and 

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

24 striking ‘‘fiscal years 2007 through 2011’’ and in25 serting ‘‘fiscal years 2012 through 2016’’. 


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1 SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, 

2 INCLUDING CYBERSTALKING. 

3 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 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS 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)— 

24 (A) in paragraph (1), by inserting ‘‘(in25 cluding using evidence-based indicators to asVerDate Mar 15 2010 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925

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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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS 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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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 

25 an applicant or tenant has sought asVerDate Mar 15 2010 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS S1925

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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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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•S 1925 IS

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 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS 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 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS 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 02:17 Dec 01, 2011 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S1925.IS 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).’’. 

Æ 


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