II 

Calendar No. 364 

112TH CONGRESS 

2D SESSION S. 2338 

To reauthorize the Violence Against Women Act of 1994. 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2012 

Mrs. HUTCHISON (for herself, Mr. GRASSLEY, Mr. CORNYN, and Mr. 

ALEXANDER) introduced the following bill; which was read the first time 

APRIL 24 (legislative day, APRIL 23), 2012 

Ordered read the second time and placed on the calendar 

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 2012’’. 

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. 


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TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS 

TO COMBAT VIOLENCE AGAINST VICTIMS 

Sec. 101. Stop grants. 

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

Sec. 103. Legal assistance for victims. 

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

Sec. 105. Sex offender management. 

Sec. 106. Court-appointed special advocate program. 

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

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

Sec. 109. Culturally specific services grant. 

Sec. 110. Reauthorization of child abuse training programs for judicial personnel and practitioners. 

Sec. 111. Offset of restitution and other State judicial debts against income tax 

refund. 

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. 


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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—IMMIGRATION PROVISIONS 

Sec. 801. Application of special rule for battered spouse or child. 

Sec. 802. Clarification of the requirements applicable to U visas. 

Sec. 803. Protections for a fiance ́e or fiance ́ of a citizen. 

Sec. 804. Regulation of international marriage brokers. 

Sec. 805. GAO report. 

Sec. 806. Disclosure of information for national security purposes. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Grants to Indian tribal governments. 

Sec. 902. Grants to Indian tribal coalitions. 

Sec. 903. Consultation. 

Sec. 904. Amendments to the Federal assault statute. 

Sec. 905. Analysis and research on violence against Indian women. 

Sec. 906. Effective date. 

Sec. 907. Tribal protection orders. 

TITLE X—VIOLENT CRIME AGAINST WOMEN 

Sec. 1001. Criminal provisions relating to sexual abuse. 

Sec. 1002. Sexual abuse in custodial settings. 

Sec. 1003. Report on compliance with the DNA Fingerprint Act of 2005. 

Sec. 1004. Reducing the rape kit backlog. 

Sec. 1005. Report on capacity utilization. 

Sec. 1006. Mandatory minimum sentence for aggravated sexual abuse. 

Sec. 1007. Removal of drunk drivers. 

Sec. 1008. Enhanced penalties for interstate domestic violence resulting in 

death, life-threatening bodily injury, permanent disfigurement, 

and serious bodily injury. 

Sec. 1009. Finding Fugitive Sex Offenders Act. 

Sec. 1010. Minimum penalties for the possession of child pornography. 

Sec. 1011. Audit of Office for Victims of Crime. 

TITLE XI—THE SAFER ACT 

Sec. 1101. Short title. 

Sec. 1102. Debbie Smith grants for auditing sexual assault evidence backlogs. 

Sec. 1103. Sexual Assault Forensic Evidence Registry. 

Sec. 1104. Reports to Congress. 


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1 SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS. 

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

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

4 13925(a)) is amended— 

5 (1) by redesignating— 

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

7 (B) paragraph (2) as paragraph (4); 

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

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

12 (E) paragraphs (10) through (16) as para13 graphs (14) through (20), respectively; 

14 (F) paragraph (18) as paragraph (23); 

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

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

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

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

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

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


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

2 ‘Alaska Native village’ has the same meaning given 

3 such term in the Alaska Native Claims Settlement 

4 Act (43 U.S.C. 1601 et seq.).’’; 

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

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

8 who is under 11 years of age.’’; 

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

11 unemancipated minor.’’; 

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

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

15 nonprofit, nongovernmental, or tribal organization 

16 that serves a specific geographic community that— 

17 ’’; 

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

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

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


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

5 U.S.C. 300–u–6(g)).’’; 

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

8 and ‘‘as a spouse’’; 

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

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

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

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

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

16 legal assistance.’’; 

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

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

21 ‘‘(22) PERSONALLY IDENTIFYING INFORMATION

22 OR PERSONAL INFORMATION.—The term ‘personally 

23 identifying information’ or ‘personal information’ 

24 means individually identifying information for or 

25 about an individual including information likely to 


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1 disclose the location of a victim of domestic violence, 

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

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

6 ‘‘(A) a first and last name; 

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

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

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

13 identification number; and 

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

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

17 any individual.’’; 

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

20 ‘‘(23) POPULATION SPECIFIC ORGANIZATION.— 

21 The term ‘population specific organization’ means a 

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

24 population and has demonstrated experience and exVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 pertise providing targeted services to members of 

2 that specific underserved population. 

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

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

9 and that are designed primarily for and are targeted 

10 to a specific underserved population.’’; 

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

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

13 (14) in paragraph (26), as redesignated, by 

14 striking ‘‘52’’ and inserting ‘‘57’’; 

15 (15) by inserting after paragraph (26), as re16 designated, the following: 

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

18 crisis center’ means a nonprofit, nongovernmental, 

19 or tribal organization, or governmental entity in a 

20 State other than a Territory that provides interven21 tion and related assistance, as specified in 42 U.S.C. 

22 14043g(b)(2)(C), to victims of sexual assault with23 out regard to their age. In the case of a govern24 mental entity, the entity may not be part of the 

25 criminal justice system (such as a law enforcement 


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

2 of confidentiality as a nonprofit entity that provides 

3 similar victim services.’’; 

4 (16) in paragraph (28), as redesignated— 

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

6 after the semicolon; 

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

8 period and inserting ‘‘; or’’; and 

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

10 ‘‘(C) any federally recognized Indian 

11 tribe.’’; 

12 (17) in paragraph (29), as redesignated, by 

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

14 (18) by inserting after paragraph (29), as re15 designated, the following: 

16 ‘‘(30) SEX TRAFFICKING.—The term ‘sex traf17 ficking’ means any conduct proscribed by 18 U.S.C. 

18 1591, whether or not the conduct occurs in inter19 state or foreign commerce or within the special mar20 itime and territorial jurisdiction of the United 

21 States.’’; 

22 (19) by striking paragraph (31), as redesig23 nated, and inserting the following: 

24 ‘‘(31) SEXUAL ASSAULT.—The term ‘sexual as25 sault’ means any nonconsensual sexual act proVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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

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

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

5 ‘‘(41) UNDERSERVED POPULATIONS.—The 

6 term ‘underserved populations’ means populations 

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

9 of geographic location, underserved racial and ethnic 

10 populations, populations underserved because of spe11 cial needs (such as language barriers, disabilities, 

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

13 determined to be underserved by the Attorney Gen14 eral or by the Secretary of Health and Human Serv15 ices, as appropriate.’’; 

16 (21) by inserting after paragraph (41), as re17 designated, the following: 

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

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

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

21 other general purpose political subdivision of a 

22 State.’’; 

23 (22) by striking paragraph (36), as in effect be24 fore the amendments made by this subsection, and 

25 inserting the following: 


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

2 terms ‘victim services’ and ‘services’ mean services 

3 provided to victims of domestic violence, dating vio4 lence, sexual assault, or stalking, including tele5 phonic or web-based hotlines, legal advocacy, eco6 nomic advocacy, emergency and transitional shelter, 

7 accompaniment and advocacy through medical, civil 

8 or criminal justice, immigration, and social support 

9 systems, crisis intervention, short-term individual 

10 and group support services, information and refer11 rals, culturally specific services, population specific 

12 services, and other related supportive services. 

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

14 ‘victim service provider’ means a nonprofit, non15 governmental or tribal organization or rape crisis 

16 center, including a State or tribal coalition, that as17 sists domestic violence, dating violence, sexual as18 sault, or stalking victims, including domestic violence 

19 shelters, faith-based organizations, and other organi20 zations, with a documented history of effective work 

21 concerning domestic violence, dating violence, sexual 

22 assault, or stalking.’’; and 

23 (23) by striking paragraph (47), as redesig24 nated, and inserting the following: 


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1 ‘‘(47) YOUTH.—The term ‘youth’ means a per2 son who is 11 to 20 years old.’’. 

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

4 40002 of the Violence Against Women Act of 1994 (42 

5 U.S.C. 13925(b)) is amended— 

6 (1) in paragraph (2)— 

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

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

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

10 personally identifying information or indi11 vidual information collected in connection 

12 with services requested, utilized, or denied 

13 through grantees’ and subgrantees’ pro14 grams, regardless of whether the informa15 tion has been encoded, encrypted, hashed, 

16 or otherwise protected; or 

17 ‘‘(ii) disclose, reveal, or release indi18 vidual client information without the in19 formed, written, reasonably time-limited 

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

21 unemancipated minor, the minor and the 

22 parent or guardian or in the case of legal 

23 incapacity, a court-appointed guardian) 

24 about whom information is sought, wheth25 er for this program or any other Federal, 


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1 State, tribal, or territorial grant program, 

2 except that consent for release may not be 

3 given by the abuser of the minor, incapaci4 tated person, or the abuser of the other 

5 parent of the minor. 

6 If a minor or a person with a legally appointed 

7 guardian is permitted by law to receive services 

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

9 minor or person with a guardian may release 

10 information without additional consent.’’; 

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

12 read as follows: 

13 ‘‘(D) INFORMATION SHARING.— 

14 ‘‘(i) Grantees and subgrantees may 

15 share— 

16 ‘‘(I) nonpersonally identifying 

17 data in the aggregate regarding serv18 ices to their clients and nonpersonally 

19 identifying demographic information 

20 in order to comply with Federal, 

21 State, tribal, or territorial reporting, 

22 evaluation, or data collection require23 ments; 

24 ‘‘(II) court-generated information 

25 and law enforcement-generated inforVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 mation contained in secure, govern2 mental registries for protection order 

3 enforcement purposes; and 

4 ‘‘(III) law enforcement-generated 

5 and prosecution-generated information 

6 necessary for law enforcement, intel7 ligence, national security, or prosecu8 tion purposes. 

9 ‘‘(ii) In no circumstances may— 

10 ‘‘(I) an adult, youth, or child vic11 tim of domestic violence, dating vio12 lence, sexual assault, or stalking be 

13 required to provide a consent to re14 lease his or her personally identifying 

15 information as a condition of eligi16 bility for the services provided by the 

17 grantee or subgrantee; 

18 ‘‘(II) any personally identifying 

19 information be shared in order to 

20 comply with Federal, tribal, or State 

21 reporting, evaluation, or data collec22 tion requirements, whether for this 

23 program or any other Federal, tribal, 

24 or State grant program.’’; 


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1 (C) by redesignating subparagraph (E) as 

2 subparagraph (F); 

3 (D) by inserting after subparagraph (D) 

4 the following: 

5 ‘‘(E) STATUTORILY MANDATED REPORTS

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

9 terms are defined by law, where specifically 

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

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

12 as redesignated, the following: 

13 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

14 ASSURANCES.—Grantees and subgrantees must 

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

17 this section.’’; 

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

19 following: 

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

21 the activities under this title, grantees and sub22 grantees may collaborate with, or provide informa23 tion to Federal, State, local, tribal, and territorial 

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


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

3 sexual assault, and stalking.’’; 

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

5 the following: 

6 ‘‘Final reports of such evaluations shall be made 

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

8 and 

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

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

12 grantee or subgrantee providing legal assistance with 

13 funds awarded under this title shall comply with the 

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

16 3796gg–6(d)). 

17 ‘‘(13) CIVIL RIGHTS.— 

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

19 the United States shall on the basis of actual 

20 or perceived race, color, religion, national ori21 gin, sex, or disability be excluded from partici22 pation in, be denied the benefits of, or be sub23 jected to discrimination under any program or 

24 activity funded in whole or in part with funds 

25 made available under the Violence Against 


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1 Women Act of 1994 (title IV of Public Law 

2 103–322; 108 Stat. 1902), the Violence Against 

3 Women Act of 2000 (division B of Public Law 

4 106–386; 114 Stat. 1491), the Violence Against 

5 Women and Department of Justice Reauthor6 ization Act of 2005 (title IX of Public Law 

7 109–162; 119 Stat. 3080), the Violence Against 

8 Women Reauthorization Act of 2011, and any 

9 other program or activity funded in whole or in 

10 part with funds appropriated for grants, cooper11 ative agreements, and other assistance adminis12 tered by the Office on Violence Against Women. 

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

14 or gender-specific programming is necessary to 

15 the essential operation of a program, nothing in 

16 this paragraph shall prevent any such program 

17 or activity from consideration of an individual’s 

18 gender. In such circumstances, alternative rea19 sonable accommodations are sufficient to meet 

20 the requirements of this paragraph. 

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

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

23 the Omnibus Crime Control and Safe Streets 

24 Act of 1968 (42 U.S.C. 3789d(c)) apply to vio25 lations of subparagraph (A). 


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1 ‘‘(D) CONSTRUCTION.—Nothing contained 

2 in this paragraph shall be construed, inter3 preted, or applied to supplant, displace, pre4 empt, or otherwise diminish the responsibilities 

5 and liabilities under other State or Federal civil 

6 rights law, whether statutory or common. 

7 ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND

8 LEGAL ASSISTANCE.—Victim services and legal as9 sistance provided under this title may include serv10 ices and assistance to victims of domestic violence, 

11 dating violence, sexual assault, or stalking who are 

12 also victims of severe forms of trafficking in persons 

13 as defined by section 103 of the Trafficking Victims 

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

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

16 by the Attorney General that are authorized under 

17 this Act shall be subject to the following account18 ability provisions: 

19 ‘‘(A) AUDIT REQUIREMENT.—Beginning in 

20 fiscal year 2013 , and in each fiscal year there21 after, the Inspector General of the Department 

22 of Justice shall conduct an audit of not fewer 

23 than 10 percent of all recipients of grants 

24 under this Act to prevent waste, fraud, and 

25 abuse of funds by grantees. 


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1 ‘‘(B) MANDATORY EXCLUSION.—A recipi2 ent of grant funds under this Act that is found 

3 to have an unresolved audit finding shall not be 

4 eligible to receive grant funds under this Act 

5 during the 2 fiscal years beginning after the 12- 

6 month period described in subparagraph (E). 

7 ‘‘(C) PRIORITY.—In awarding grants 

8 under this Act, the Attorney General shall give 

9 priority to eligible entities that, during the 3 

10 fiscal years before submitting an application for 

11 a grant under this Act, did not have an unre12 solved audit finding showing a violation in the 

13 terms or conditions of a Department of Justice 

14 grant program. 

15 ‘‘(D) REIMBURSEMENT.—If an entity is 

16 awarded grant funds under this Act during the 

17 2-fiscal-year period in which the entity is barred 

18 from receiving grants under subparagraph (B), 

19 the Attorney General shall— 

20 ‘‘(i) deposit an amount equal to the 

21 grant funds that were improperly awarded 

22 to the grantee into the General Fund of 

23 the Treasury; and 

24 ‘‘(ii) seek to recoup the costs of the 

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1 cipient that was erroneously awarded grant 

2 funds. 

3 ‘‘(E) UNRESOLVED AUDIT FINDING DE4 FINED.—In this paragraph, the term ‘unre5 solved audit finding’ means an audit report 

6 finding, statement, or recommendation that the 

7 grantee has utilized grant funds for an unau8 thorized expenditure or otherwise unallowable 

9 cost that is not closed or resolved within a 12- 

10 month period beginning on the date of an initial 

11 notification of the finding or recommendation. 

12 ‘‘(F) NONPROFIT ORGANIZATION REQUIRE13 MENTS.— 

14 ‘‘(i) DEFINITION.—For purposes of 

15 this section and the grant programs de16 scribed in this Act, the term ‘nonprofit or17 ganization’ means an organization that is 

18 described in section 501(c)(3) of the Inter19 nal Revenue Code of 1986 and is exempt 

20 from taxation under section 501(a) of such 

21 Code. 

22 ‘‘(ii) PROHIBITION.—The Attorney 

23 General shall not award a grant under any 

24 grant program described in this Act to a 

25 nonprofit organization that holds money in 


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1 offshore accounts for the purpose of avoid2 ing paying the tax described in section 

3 511(a) of the Internal Revenue Code of 

4 1986. 

5 ‘‘(iii) DISCLOSURE.—Each nonprofit 

6 organization that is awarded a grant under 

7 a grant program described in this Act and 

8 uses the procedures prescribed in regula9 tions to create a rebuttable presumption of 

10 reasonableness for the compensation of its 

11 officers, directors, trustees, and key em12 ployees, shall disclose to the Attorney Gen13 eral, in the application for the grant, the 

14 process for determining such compensa15 tion, including the independent persons in16 volved in reviewing and approving such 

17 compensation, the comparability data used, 

18 and contemporaneous substantiation of the 

19 deliberation and decision. Upon request, 

20 the Attorney General shall make the infor21 mation disclosed under this subsection 

22 available for public inspection. 

23 ‘‘(G) ADMINISTRATIVE EXPENSES.—Unless 

24 otherwise explicitly provided in authorizing leg25 islation, not more than 7.5 percent of the 


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1 amounts authorized to be appropriated under 

2 this Act may be used by the Attorney General 

3 for salaries and administrative expenses of the 

4 Department of Justice. 

5 ‘‘(H) CONFERENCE EXPENDITURES.— 

6 ‘‘(i) LIMITATION.—No amounts au7 thorized to be appropriated to the Depart8 ment of Justice, or Department of Health 

9 and Human Services under this Act may 

10 be used by the Attorney General, the Sec11 retary of Health and Human Services, or 

12 by any individual or organization awarded 

13 funds under this Act, to host or support 

14 any expenditure for conferences, unless in 

15 the case of the Department of Justice, the 

16 Deputy Attorney General or the appro17 priate Assistant Attorney General, or in 

18 the case of the Department of Health and 

19 Human Services the Deputy Secretary, 

20 provides prior written authorization that 

21 the funds may be expended to host a con22 ference. 

23 ‘‘(ii) WRITTEN APPROVAL.—Written 

24 approval under clause (i) may not be dele25 gated and shall include a written estimate 


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1 of all costs associated with the conference, 

2 including the cost of all food and bev3 erages, audio/visual equipment, honoraria 

4 for speakers, and any entertainment. 

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

6 General and Deputy Secretary shall submit 

7 an annual report to the Committee on the 

8 Judiciary of the Senate and the Committee 

9 on the Judiciary of the House of Rep10 resentatives on all conference expenditures 

11 approved and denied. 

12 ‘‘(I) PROHIBITION ON LOBBYING ACTIV13 ITY.— 

14 ‘‘(i) IN GENERAL.—Amounts author15 ized to be appropriated under this Act may 

16 not be utilized by any grant recipient to— 

17 ‘‘(I) lobby any representative of 

18 the Department of Justice regarding 

19 the award of grant funding; or 

20 ‘‘(II) lobby any representative of 

21 a Federal, State, local, or tribal gov22 ernment regarding the award of grant 

23 funding. 

24 ‘‘(ii) PENALTY.—If the Attorney Gen25 eral determines that any recipient of a 


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1 grant under this Act has violated clause 

2 (i), the Attorney General shall— 

3 ‘‘(I) require the grant recipient 

4 to repay the grant in full; and 

5 ‘‘(II) prohibit the grant recipient 

6 from receiving another grant under 

7 this Act for not less than 5 years. 

8 ‘‘(J) ANNUAL CERTIFICATION.—Beginning 

9 in the first fiscal year beginning after the date 

10 of the enactment of this Act, the Assistant At11 torney General for the Office of Justice Pro12 grams, the Director of the Office on Violence 

13 Against Women, and the Deputy Secretary for 

14 Health and Human Services shall submit to the 

15 Committee on the Judiciary and the Committee 

16 on Appropriations of the Senate and the Com17 mittee on the Judiciary and the Committee on 

18 Appropriations of the House of Representatives 

19 an annual certification that— 

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

21 the Inspector General under subparagraph 

22 (A) have been completed and reviewed by 

23 the Assistant Attorney General for the Of24 fice of Justice Programs; 


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1 ‘‘(ii) all mandatory exclusions required 

2 under subparagraph (B) have been issued; 

3 ‘‘(iii) all reimbursements required 

4 under subparagraph (D) have been made; 

5 and 

6 ‘‘(iv) includes a list of any grant re7 cipients excluded under subparagraph (B) 

8 from the previous year.’’. 

9 TITLE I—ENHANCING JUDICIAL 

10 AND LAW ENFORCEMENT 

11 TOOLS TO COMBAT VIOLENCE 

12 AGAINST VICTIMS 

13 SEC. 101. STOP GRANTS. 

14 Title I of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend16 ed— 

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

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

19 fiscal years 2007 through 2011’’ and inserting 

20 ‘‘$222,000,000 for each of fiscal years 2012 through 

21 2016’’; 

22 (2) in section 2001 (42 U.S.C. 3796gg), by 

23 striking ‘‘against women’’ each place that term ap24 pears and inserting ‘‘against victims’’; 


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1 (3) in section 2001(b) (42 U.S.C. 3796gg(b)), 

2 as amended by paragraph (2)— 

3 (A) in the matter preceding paragraph 

4 (1)— 

5 (i) by striking ‘‘equipment’’ and in6 serting ‘‘resources’’; and 

7 (ii) by inserting ‘‘for the protection 

8 and safety of victims,’’ before ‘‘and specifi9 cally,’’; 

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

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

12 violence’’ and inserting ‘‘domestic violence, dat13 ing violence, sexual assault, and stalking’’; 

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

15 assault and domestic violence’’ and inserting 

16 ‘‘domestic violence, dating violence, sexual as17 sault, and stalking’’; 

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

19 assault and domestic violence’’ and inserting 

20 ‘‘domestic violence, dating violence, sexual as21 sault, and stalking, as well as the appropriate 

22 treatment of victims’’; 

23 (E) in paragraph (4)— 

24 (i) by striking ‘‘sexual assault and do25 mestic violence’’ and inserting ‘‘domestic 


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1 violence, dating violence, sexual assault, 

2 and stalking’’; and 

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

4 ‘‘identifying’’; 

5 (F) in paragraph (5)— 

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

7 after ‘‘victim services’’; 

8 (ii) by striking ‘‘domestic violence and 

9 dating violence’’ and inserting ‘‘domestic 

10 violence, dating violence, and stalking’’; 

11 (iii) by striking ‘‘sexual assault and 

12 domestic violence’’ and inserting ‘‘domestic 

13 violence, dating violence, sexual assault, 

14 and stalking’’; and 

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

16 and all that follows and inserting ‘‘includ17 ing crimes of domestic violence, dating vio18 lence, sexual assault, and stalking;’’; 

19 (G) by striking paragraph (6) and redesig20 nating paragraphs (7) through (14) as para21 graphs (6) through (13), respectively; 

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

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

24 and domestic violence’’ and inserting ‘‘domestic 


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1 violence, dating violence, sexual assault, and 

2 stalking’’; 

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

4 subparagraph (G), by striking ‘‘and dating vio5 lence’’ and inserting ‘‘dating violence, and 

6 stalking’’; 

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

8 subparagraph (G), by striking ‘‘domestic vio9 lence or sexual assault’’ and inserting ‘‘domestic 

10 violence, dating violence, sexual assault, or 

11 stalking’’; 

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

13 subparagraph (G)— 

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

15 ‘‘triage protocols to ensure that dangerous 

16 or potentially lethal cases are identified 

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

18 evidence-based indicators to assess the risk 

19 of domestic and dating violence homicide 

20 and prioritize dangerous or potentially le21 thal cases’’; and 

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

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

24 subparagraph (G)— 


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1 (i) by striking ‘‘to provide’’ and in2 serting ‘‘providing’’; 

3 (ii) by striking ‘‘nonprofit nongovern4 mental’’; 

5 (iii) by striking the comma after 

6 ‘‘local governments’’; and 

7 (iv) by striking the period at the end 

8 and inserting a semicolon; 

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

10 redesignated by subparagraph (G), the fol11 lowing: 

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

13 tribal legislation and policies that enhance best prac14 tices for responding to domestic violence, dating vio15 lence, sexual assault, and stalking; 

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

17 Sexual Assault Response Teams, or other similar co18 ordinated community responses to sexual assault; 

19 ‘‘(16) developing and strengthening policies, 

20 protocols, best practices, and training for law en21 forcement agencies and prosecutors relating to the 

22 investigation and prosecution of sexual assault cases 

23 and the appropriate treatment of victims; 

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

25 programs addressing sexual assault against men, 


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1 women, and youth in correctional and detention set2 tings; 

3 ‘‘(18) identifying and conducting inventories of 

4 backlogs of sexual assault evidence collection kits 

5 and developing protocols and policies for responding 

6 to and addressing such backlogs, including protocols 

7 and policies for notifying and involving victims; and 

8 ‘‘(19) developing, enhancing, or strengthening 

9 prevention and educational programming to address 

10 domestic violence, dating violence, sexual assault, or 

11 stalking, with not more than 5 percent of the 

12 amount allocated to a State to be used for this pur13 pose.’’; and 

14 (N) in the flush text at the end, by strik15 ing ‘‘paragraph (14)’’ and inserting ‘‘paragraph 

16 (13)’’; 

17 (4) in section 2007 (42 U.S.C. 3796gg–1)— 

18 (A) in subsection (a), by striking ‘‘non19 profit nongovernmental victim service pro20 grams’’ and inserting ‘‘victim service pro21 viders’’; 

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

23 including populations of Indian tribes)’’; 

24 (C) in subsection (c)— 


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1 (i) by striking paragraph (2) and in2 serting the following: 

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

4 plan for implementation and may consult and co5 ordinate with— 

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

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

8 ‘‘(C) the law enforcement entities within 

9 the State; 

10 ‘‘(D) prosecution offices; 

11 ‘‘(E) State and local courts; 

12 ‘‘(F) Tribal governments in those States 

13 with State or federally recognized Indian tribes; 

14 ‘‘(G) representatives from underserved 

15 populations; 

16 ‘‘(H) victim service providers; 

17 ‘‘(I) population specific organizations; and 

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

19 Attorney General identifies as needed for the 

20 planning process;’’; 

21 (ii) by striking paragraph (4); 

22 (iii) by redesignating paragraph (3) as 

23 paragraph (4); 

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

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


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1 ‘‘(3) grantees shall coordinate the State imple2 mentation plan described in paragraph (2) with the 

3 State plans described in section 307 of the Family 

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

5 10407) and the plans described in the Victims of 

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

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

8 U.S.C. 280b–1b).’’; 

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

10 by clause (ii)— 

11 (I) in subparagraph (A), by strik12 ing ‘‘and not less than 25 percent 

13 shall be allocated for prosecutors’’; 

14 (II) by redesignating subpara15 graphs (B) and (C) as subparagraphs 

16 (C) and (D); 

17 (III) by inserting after subpara18 graph (A), the following: 

19 ‘‘(B) not less than 25 percent shall be allo20 cated for prosecutors;’’; 

21 (IV) in subparagraph (C), as re22 designated by subclause (II), by strik23 ing ‘‘culturally specific community 

24 based’’ and inserting ‘‘population spe25 cific’’; and 


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

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

6 ‘‘(5) not later than 2 years after the date of en7 actment of this Act, and every year thereafter, not 

8 less than 30 percent of the total amount granted to 

9 a State under this part shall be allocated for pro10 grams or projects that meaningfully address sexual 

11 assault, including stranger rape, acquaintance rape, 

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

13 context of an intimate partner relationship.’’; 

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

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

17 for a grant under this section shall include— 

18 ‘‘(1) the certifications of qualification required 

19 under subsection (c); 

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

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

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

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1 lence and protection order cases, described in section 

2 2011 of this title; 

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

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

6 ‘‘(5) an implementation plan required under 

7 subsection (i); and 

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

9 General may require.’’; 

10 (E) in subsection (e)— 

11 (i) in paragraph (2)— 

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

16 and stalking’’; and 

17 (II) in subparagraph (D), by 

18 striking ‘‘linguistically and culturally’’ 

19 and inserting ‘‘population’’; and 

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

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

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


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

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

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

6 projects for victim services or tribes for which 

7 there is an exemption under section 

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

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

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

11 and 

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

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

14 a grant under this part shall— 

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

17 that identifies how the State will use the funds 

18 awarded under this part; and 

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

20 ‘‘(A) the implementation plan developed 

21 under paragraph (1); 

22 ‘‘(B) documentation from each member of 

23 the planning committee as to their participation 

24 in the planning process; 


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1 ‘‘(C) documentation from the prosecution, 

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

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

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

6 funds; 

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

8 funds; and 

9 ‘‘(iv) the demographic characteristics 

10 of the populations to be served, including 

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

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

14 ensure that any subgrantees will consult with 

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

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

20 ‘‘(E) demographic data on the distribution 

21 of underserved populations within the State and 

22 a description of how the State will meet the 

23 needs of underserved populations, including the 

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


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

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

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

5 State; and 

6 ‘‘(H) any other information requested by 

7 the Attorney General.’’; 

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

9 (A) in subsection (a), by striking para10 graph (1) and inserting the following: 

11 ‘‘(1) IN GENERAL.—A State, Indian tribal gov12 ernment, or unit of local government shall not be en13 titled to funds under this part unless the State, In14 dian tribal government, unit of local government, or 

15 another governmental entity— 

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

17 forensic medical exams described in subsection 

18 (b) for victims of sexual assault; and 

19 ‘‘(B) coordinates with health care providers 

20 in the region to notify victims of sexual assault 

21 of the availability of rape exams at no cost to 

22 the victims.’’; 

23 (B) in subsection (b)— 

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

25 after the semicolon; 


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

2 or’’ and inserting a period; and 

3 (iii) by striking paragraph (3); 

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

5 that such funds’’ and all that follows and in6 serting a period; and 

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

8 follows: 

9 ‘‘(d) NONCOOPERATION.— 

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

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

12 unit of local government shall comply with sub13 section (b) without regard to whether the victim par14 ticipates in the criminal justice system or cooperates 

15 with law enforcement. 

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

17 and Indian tribal governments shall have 3 years 

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

19 compliance with this subsection.’’; and 

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

21 5(a)(1))— 

22 (A) by inserting ‘‘modification, enforce23 ment, dismissal,’’ after ‘‘registration,’’ each 

24 place it appears; and 


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

2 that follows through ‘‘sexual assault’’ and in3 serting ‘‘domestic violence, dating violence, sex4 ual assault, or stalking’’. 

5 SEC. 102. GRANTS TO ENCOURAGE ACCOUNTABILITY POLI6 CIES AND ENFORCEMENT OF PROTECTION 

7 ORDERS. 

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

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

10 3796hh et seq.) is amended— 

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

12 (A) in subsection (b)— 

13 (i) in the matter preceding paragraph 

14 (1), by striking ‘‘States,’’ and all that fol15 lows through ‘‘units of local government’’ 

16 and inserting ‘‘grantees’’; 

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

18 ‘‘and enforcement of protection orders 

19 across State and tribal lines but not poli20 cies that mandate the arrest of an indi21 vidual by law enforcement in responding to 

22 an incident of domestic violence in the ab23 sence of probable cause’’ before the period; 

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

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1 prove tracking of cases’’ and inserting 

2 ‘‘data collection systems, and training in 

3 police departments to improve tracking of 

4 cases and classification of complaints’’; 

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

6 ‘‘and provide the appropriate training and 

7 education about domestic violence, dating 

8 violence, sexual assault, and stalking’’ after 

9 ‘‘computer tracking systems’’; 

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

11 ‘‘and other victim services’’ after ‘‘legal ad12 vocacy service programs’’; 

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

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

15 tribal, territorial, and local judges, courts, 

16 and court-based and court-related per17 sonnel’’; 

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

19 ‘‘and sexual assault’’ and inserting ‘‘dating 

20 violence, sexual assault, and stalking’’; 

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

22 ‘‘non-profit, non-governmental victim serv23 ices organizations,’’ and inserting ‘‘victim 

24 service providers, population specific orga25 nizations,’’; and 


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

3 ‘‘(14) To develop and implement training pro4 grams for prosecutors and other prosecution-related 

5 personnel regarding best practices to ensure offender 

6 accountability, victim safety, and victim consultation 

7 in cases involving domestic violence, dating violence, 

8 sexual assault, and stalking. 

9 ‘‘(15) To develop or strengthen policies, proto10 cols, and training for law enforcement officers, pros11 ecutors, and the judiciary in recognizing, inves12 tigating, and prosecuting instances of domestic vio13 lence, dating violence, sexual assault, and stalking. 

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

15 tribal legislation and policies that enhance best prac16 tices for responding to the crimes of domestic vio17 lence, dating violence, sexual assault, and stalking, 

18 including the appropriate treatment of victims. 

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

20 assault nurse examiner programs or sexual assault 

21 forensic examiner programs, including the hiring 

22 and training of such examiners. 

23 ‘‘(18) To develop, implement, or enhance Sex24 ual Assault Response Teams or similar coordinated 

25 community responses to sexual assault. 


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

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

5 treatment of victims. 

6 ‘‘(20) To provide human immunodeficiency 

7 virus testing programs, counseling, and prophylaxis 

8 for victims of sexual assault. 

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

11 protocols for responding to and addressing such 

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

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

15 teams focusing on reducing domestic violence and 

16 dating violence homicides by— 

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

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

21 offenders; and 

22 ‘‘(C) providing ongoing victim advocacy 

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

25 assistance.’’; 


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1 (B) in subsection (c)— 

2 (i) in paragraph (1)— 

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

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

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

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

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

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

13 (iii) in paragraph (4)— 

14 (I) by inserting ‘‘modification, 

15 enforcement, dismissal,’’ after ‘‘reg16 istration,’’ each place it appears; 

17 (II) by inserting ‘‘dating vio18 lence,’’ after ‘‘domestic violence,’’; and 

19 (III) by striking ‘‘and’’ at the 

20 end; 

21 (iv) in paragraph (5)— 

22 (I) in the matter preceding sub23 paragraph (A), by striking ‘‘, not later 

24 than 3 years after the date of enact25 ment of this section,’’; 


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1 (II) by redesignating subpara2 graphs (A) and (B) as clauses (i) and 

3 (ii), and adjusting the margin accord4 ingly; 

5 (III) in clause (ii), as redesig6 nated by subclause (III) of this 

7 clause, by striking ‘‘subparagraph 

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

9 (IV) by striking the period at the 

10 end and inserting ‘‘; and’’; 

11 (v) by redesignating paragraphs (1) 

12 through (5), as amended by this subpara13 graph, as subparagraphs (A) through (E), 

14 respectively; 

15 (vi) in the matter preceding subpara16 graph (A), as redesignated by clause (v) of 

17 this subparagraph— 

18 (I) by striking the comma that 

19 immediately follows another comma; 

20 and 

21 (II) by striking ‘‘grantees are 

22 States’’ and inserting the following: 

23 ‘‘grantees are— 

24 ‘‘(1) States’’; and 


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

3 ‘‘(2) a State, tribal, or territorial domestic vio4 lence or sexual assault coalition or a victim service 

5 provider that partners with a State, Indian tribal 

6 government, or unit of local government that cer7 tifies that the State, Indian tribal government, or 

8 unit of local government meets the requirements 

9 under paragraph (1).’’; 

10 (C) in subsection (d)— 

11 (i) in paragraph (1)— 

12 (I) in the matter preceding sub13 paragraph (A), by inserting ‘‘, policy,’’ 

14 after ‘‘law’’; and 

15 (II) in subparagraph (A), by in16 serting ‘‘and the defendant is in cus17 tody or has been served with the in18 formation or indictment’’ before the 

19 semicolon; and 

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

21 and inserting ‘‘its’’; and 

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

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

24 amounts appropriated for purposes of this part for each 

25 fiscal year, not less than 30 percent shall be available for 


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1 projects that address sexual assault, including stranger 

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

3 and rape within the context of an intimate partner rela4 tionship.’’; and 

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

6 1(a))— 

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

8 after ‘‘tribal government,’’; and 

9 (B) in paragraph (4), by striking ‘‘non10 profit, private sexual assault and domestic vio11 lence programs’’ and inserting ‘‘victim service 

12 providers and, as appropriate, population spe13 cific organizations’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

15 1001(a)(19) of title I of the Omnibus Crime Control and 

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

17 amended— 

18 (1) by striking ‘‘$75,000,000’’ and all that fol19 lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 

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

21 (2) by striking the period that immediately fol22 lows another period. 

23 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

24 Section 1201 of the Violence Against Women Act of 

25 2000 (42 U.S.C. 3796gg–6) is amended— 


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1 (1) in subsection (a)— 

2 (A) in the first sentence, by striking ‘‘aris3 ing as a consequence of’’ and inserting ‘‘relat4 ing to or arising out of’’; and 

5 (B) in the second sentence, by inserting 

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

7 (2) in subsection (b)— 

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

9 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; 

10 and 

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

12 after ‘‘definitions’’; 

13 (3) in subsection (c)— 

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

15 services organizations’’ and inserting ‘‘victim 

16 service providers’’; and 

17 (B) by striking paragraph (3) and insert18 ing the following: 

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

20 and projects to provide competent, supervised pro 

21 bono legal assistance for victims of domestic vio22 lence, dating violence, sexual assault, or stalking, ex23 cept that not more than 10 percent of the funds 

24 awarded under this section may be used for the pur25 pose described in this paragraph.’’; 


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1 (4) in subsection (d)— 

2 (A) in paragraph (1), by striking ‘‘this sec3 tion has completed’’ and all that follows and in4 serting the following: ‘‘this section—’’ 

5 ‘‘(A) has demonstrated expertise in pro6 viding legal assistance or advocacy to victims of 

7 domestic violence, dating violence, sexual as8 sault, or stalking in the targeted population; or 

9 ‘‘(B)(i) is partnered with an entity or per10 son that has demonstrated expertise described 

11 in subparagraph (A); and 

12 ‘‘(ii) has completed, or will complete, train13 ing in connection with domestic violence, dating 

14 violence, stalking, or sexual assault and related 

15 legal issues, including training on evidence16 based risk factors for domestic and dating vio17 lence homicide;’’; and 

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

19 organization’’ and inserting ‘‘stalking victim 

20 service provider’’; and 

21 (5) in subsection (f)(1), by striking ‘‘this sec22 tion’’ and all that follows and inserting the fol23 lowing: ‘‘this section $41,000,000 for each of fiscal 

24 years 2012 through 2016.’’. 


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1 SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMI2 LIES IN THE JUSTICE SYSTEM. 

3 (a) IN GENERAL.—Title III of division B of the Vic4 tims of Trafficking and Violence Protection Act of 2000 

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

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

7 10420), as amended by section 306 of the Violence 

8 Against Women and Department of Justice Reauthoriza9 tion Act of 2005 (Public Law 109–162; 119 Stat. 316), 

10 and inserting the following: 

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

12 IMPROVEMENTS. 

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

14 grants to States, units of local government, courts (includ15 ing juvenile courts), Indian tribal governments, nonprofit 

16 organizations, legal services providers, and victim services 

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

18 and criminal justice system to families with a history of 

19 domestic violence, dating violence, sexual assault, or stalk20 ing, or in cases involving allegations of child sexual abuse. 

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

22 may be used to— 

23 ‘‘(1) provide supervised visitation and safe visi24 tation exchange of children and youth by and be25 tween parents in situations involving domestic vioVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 lence, dating violence, child sexual abuse, sexual as2 sault, or stalking; 

3 ‘‘(2) develop and promote State, local, and trib4 al legislation, policies, and best practices for improv5 ing civil and criminal court functions, responses, 

6 practices, and procedures in cases involving a history 

7 of domestic violence or sexual assault, or in cases in8 volving allegations of child sexual abuse, including 

9 cases in which the victim proceeds pro se; 

10 ‘‘(3) educate court-based and court-related per11 sonnel (including custody evaluators and guardians 

12 ad litem) and child protective services workers on 

13 the dynamics of domestic violence, dating violence, 

14 sexual assault, and stalking, including information 

15 on perpetrator behavior, evidence-based risk factors 

16 for domestic and dating violence homicide, and on 

17 issues relating to the needs of victims, including 

18 safety, security, privacy, and confidentiality, includ19 ing cases in which the victim proceeds pro se; 

20 ‘‘(4) provide appropriate resources in juvenile 

21 court matters to respond to dating violence, domestic 

22 violence, sexual assault (including child sexual 

23 abuse), and stalking and ensure necessary services 

24 dealing with the health and mental health of victims 

25 are available; 


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1 ‘‘(5) enable courts or court-based or court-re2 lated programs to develop or enhance— 

3 ‘‘(A) court infrastructure (such as special4 ized courts, consolidated courts, dockets, intake 

5 centers, or interpreter services); 

6 ‘‘(B) community-based initiatives within 

7 the court system (such as court watch pro8 grams, victim assistants, pro se victim assist9 ance programs, or community-based supple10 mentary services); 

11 ‘‘(C) offender management, monitoring, 

12 and accountability programs; 

13 ‘‘(D) safe and confidential information14 storage and information-sharing databases 

15 within and between court systems; 

16 ‘‘(E) education and outreach programs to 

17 improve community access, including enhanced 

18 access for underserved populations; and 

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

20 responses to domestic violence, dating violence, 

21 sexual assault, and stalking; 

22 ‘‘(6) collect data and provide training and tech23 nical assistance, including developing State, local, 

24 and tribal model codes and policies, to improve the 

25 capacity of grantees and communities to address the 


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1 civil justice needs of victims of domestic violence, 

2 dating violence, sexual assault, and stalking who 

3 have legal representation, who are proceeding pro se, 

4 or are proceeding with the assistance of a legal advo5 cate; and 

6 ‘‘(7) to improve training and education to assist 

7 judges, judicial personnel, attorneys, child welfare 

8 personnel, and legal advocates in the civil justice 

9 system. 

10 ‘‘(c) CONSIDERATIONS.— 

11 ‘‘(1) IN GENERAL.—In making grants for pur12 poses described in paragraphs (1) through (6) of 

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

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

15 by the proposed programs and services; 

16 ‘‘(B) the extent to which the proposed pro17 grams and services serve underserved popu18 lations; 

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

20 demonstrates cooperation and collaboration 

21 with nonprofit, nongovernmental entities in the 

22 local community with demonstrated histories of 

23 effective work on domestic violence, dating vio24 lence, sexual assault, or stalking, including 

25 State or tribal domestic violence coalitions, 


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1 State or tribal sexual assault coalitions, local 

2 shelters, and programs for domestic violence 

3 and sexual assault victims; and 

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

5 demonstrates coordination and collaboration 

6 with State, tribal, and local court systems, in7 cluding mechanisms for communication and re8 ferral. 

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

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

11 into account the extent to which the grantee has ex12 pertise addressing the judicial system’s handling of 

13 family violence, child custody, child abuse and ne14 glect, adoption, foster care, supervised visitation, di15 vorce, and parentage. 

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

17 General may make a grant under this section to an appli18 cant that— 

19 ‘‘(1) demonstrates expertise in the areas of do20 mestic violence, dating violence, sexual assault, 

21 stalking, or child sexual abuse, as appropriate; 

22 ‘‘(2) ensures that any fees charged to individ23 uals for use of supervised visitation programs and 

24 services are based on the income of those individ25 uals, unless otherwise provided by court order; 


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1 ‘‘(3) demonstrates that adequate security meas2 ures, including adequate facilities, procedures, and 

3 personnel capable of preventing violence, and ade4 quate standards are, or will be, in place (including 

5 the development of protocols or policies to ensure 

6 that confidential information is not shared with 

7 courts, law enforcement agencies, or child welfare 

8 agencies unless necessary to ensure the safety of any 

9 child or adult using the services of a program fund10 ed under this section), if the applicant proposes to 

11 operate supervised visitation programs and services 

12 or safe visitation exchange; 

13 ‘‘(4) certifies that the organizational policies of 

14 the applicant do not require mediation or counseling 

15 involving offenders and victims being physically 

16 present in the same place, in cases where domestic 

17 violence, dating violence, sexual assault, or stalking 

18 is alleged; 

19 ‘‘(5) certifies that any person providing legal 

20 assistance through a program funded under this sec21 tion has completed or will complete training on do22 mestic violence, dating violence, sexual assault, and 

23 stalking, including child sexual abuse, and related 

24 legal issues; and 


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1 ‘‘(6) certifies that any person providing custody 

2 evaluation or guardian ad litem services through a 

3 program funded under this section has completed or 

4 will complete training developed with input from and 

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

6 local domestic violence, dating violence, sexual as7 sault, or stalking organization or coalition on the dy8 namics of domestic violence and sexual assault, in9 cluding child sexual abuse, that includes training on 

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

11 evidenced-based theories to make recommendations 

12 on custody and visitation. 

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

14 is authorized to be appropriated to carry out this section 

15 $22,000,000 for each of fiscal years 2012 through 2016. 

16 Amounts appropriated pursuant to this subsection shall 

17 remain available until expended. 

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

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

20 the total amount available under this section for 

21 each fiscal year shall be available for grants under 

22 the program authorized by section 3796gg–10 of 

23 this title. 


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1 ‘‘(2) APPLICABILITY OF PART.—The require2 ments of this section shall not apply to funds allo3 cated for the program described in paragraph (1).’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 Subtitle J of the Violence Against Women Act of 1994 

6 (42 U.S.C. 14043 et seq.) is repealed. 

7 SEC. 105. SEX OFFENDER MANAGEMENT. 

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

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

10 ‘‘$5,000,000’’ and all that follows and inserting 

11 ‘‘$5,000,000 for each of fiscal years 2012 through 2016.’’. 

12 SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PRO13 GRAM. 

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

15 (42 U.S.C. 13011 et seq.) is amended— 

16 (1) in section 216 (42 U.S.C. 13012), by strik17 ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

18 2015’’; 

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

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

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

22 and 

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

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

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


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1 the Administrator a report regarding the use of the grant 

2 for the fiscal year, including a discussion of outcome per3 formance measures (which shall be established by the Ad4 ministrator) to determine the effectiveness of the pro5 grams of the organization in meeting the needs of children 

6 in the child welfare system.’’; and 

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

8 striking ‘‘fiscal years 2007 through 2011’’ and in9 serting ‘‘fiscal years 2012 through 2016’’. 

10 SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, 

11 INCLUDING CYBERSTALKING. 

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

13 amended to read as follows: 

14 ‘‘§ 2261A. Stalking 

15 ‘‘Whoever— 

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

17 or is present within the special maritime and terri18 torial jurisdiction of the United States, or enters or 

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

20 harass, intimidate, or place under surveillance with 

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

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

23 travel or presence engages in conduct that— 

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

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


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1 ‘‘(i) that person; 

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

3 defined in section 115) of that person; or 

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

5 that person; or 

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

7 be reasonably expected to cause substantial 

8 emotional distress to a person described in 

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

10 ‘‘(2) with the intent to kill, injure, harass, in11 timidate, or place under surveillance with intent to 

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

13 uses the mail, any interactive computer service or 

14 electronic communication service or electronic com15 munication system of interstate commerce, or any 

16 other facility of interstate or foreign commerce to 

17 engage in a course of conduct that— 

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

19 of the death of or serious bodily injury to a per20 son described in clause (i), (ii), or (iii) of para21 graph (1)(A); or 

22 ‘‘(B) causes, 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 paragraph (1)(A), 


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

2 this title.’’. 

3 SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED 

4 POPULATIONS GRANT. 

5 Section 120 of the Violence Against Women and De6 partment of Justice Reauthorization Act of 2005 (42 

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

8 ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UN9 DERSERVED POPULATIONS. 

10 ‘‘(a) GRANTS AUTHORIZED.— 

11 ‘‘(1) IN GENERAL.—Of the amounts appro12 priated under the grant programs identified in para13 graph (2), the Attorney General shall take 2 percent 

14 of such appropriated amounts and combine them to 

15 award grants to eligible entities described in sub16 section (b) of this section to develop and implement 

17 outreach strategies targeted at adult, or youth, vic18 tims of domestic violence, dating violence, sexual as19 sault, or stalking in underserved populations and to 

20 provide victim services to meet the needs of adult 

21 and youth victims of domestic violence, dating vio22 lence, sexual assault, and stalking in underserved 

23 populations. The requirements of the grant pro24 grams identified in paragraph (3) shall not apply to 

25 this grant program. 


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1 ‘‘(2) PROGRAMS COVERED.—The programs cov2 ered by paragraph (2) are the programs carried out 

3 under the following provisions: 

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

5 Control and Safe Streets Act of 1968 (STOP 

6 Grants). 

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

8 Control and Safe Streets Act of 1968 (Grants 

9 to Encourage Accountability Policies). 

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

11 this section are— 

12 ‘‘(1) population specific organizations that have 

13 demonstrated experience and expertise in providing 

14 population specific services in the relevant under15 served communities or population specific organiza16 tions working in partnership with a victim service 

17 provider or domestic violence or sexual assault coali18 tion; 

19 ‘‘(2) victim service providers offering population 

20 specific services for a specific underserved popu21 lation; or 

22 ‘‘(3) victim service providers working in part23 nership with a national, State, or local organization 

24 that has demonstrated experience and expertise in 


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1 providing population specific services in the relevant 

2 underserved population. 

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

4 may use up to 20 percent of funds available under this 

5 section to make one-time planning grants to eligible enti6 ties to support the planning and development of specially 

7 designed and targeted programs for adult and youth vic8 tims in one or more underserved populations, including— 

9 ‘‘(1) identifying, building and strengthening 

10 partnerships with potential collaborators within un11 derserved populations, Federal, State, tribal, terri12 torial or local government entities, and public and 

13 private organizations; 

14 ‘‘(2) conducting a needs assessment of the com15 munity and the targeted underserved population or 

16 populations to determine what the barriers are to 

17 service access and what factors contribute to those 

18 barriers, using input from the targeted underserved 

19 population or populations; 

20 ‘‘(3) identifying promising prevention, outreach 

21 and intervention strategies for victims from a tar22 geted underserved population or populations; and 

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

24 targeted underserved population or populations, for 

25 implementing prevention, outreach and intervention 


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1 strategies to address the barriers to accessing serv2 ices, promoting community engagement in the pre3 vention of domestic violence, dating violence, sexual 

4 assault, and stalking within the targeted under5 served populations, and evaluating the program. 

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

7 General shall make grants to eligible entities for the pur8 pose of providing or enhancing population specific out9 reach and services to adult and youth victims in one or 

10 more underserved populations, including— 

11 ‘‘(1) working with Federal, State, tribal, terri12 torial and local governments, agencies, and organiza13 tions to develop or enhance population specific vic14 tim services; 

15 ‘‘(2) strengthening the capacity of underserved 

16 populations to provide population specific victim 

17 services; 

18 ‘‘(3) strengthening the capacity of traditional 

19 victim service providers to provide population spe20 cific services; 

21 ‘‘(4) strengthening the effectiveness of criminal 

22 and civil justice interventions by providing training 

23 for law enforcement, prosecutors, judges and other 

24 court personnel on domestic violence, dating vioVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 lence, sexual assault, or stalking in underserved pop2 ulations; or 

3 ‘‘(5) working in cooperation with an under4 served population to develop and implement out5 reach, education, prevention, and intervention strate6 gies that highlight available resources and the spe7 cific issues faced by victims of domestic violence, 

8 dating violence, sexual assault, or stalking from un9 derserved populations. 

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

11 grant under this section shall submit an application to the 

12 Director of the Office on Violence Against Women at such 

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

14 may prescribe. 

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

16 under this section shall submit to the Director of the Of17 fice on Violence Against Women a report that describes 

18 the activities carried out with grant funds. 

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In ad20 dition to the funds identified in subsection (a)(1), there 

21 are authorized to be appropriated to carry out this section 

22 $2,000,000 for each of fiscal years 2012 through 2016. 

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

24 this section the definitions and grant conditions in section 


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1 40002 of the Violence Against Women Act of 1994 (42 

2 U.S.C. 13925) shall apply.’’. 

3 SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT. 

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

6 U.S.C. 14045a) is amended— 

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

8 LINGUISTICALLY’’; 

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

10 appears; 

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

12 appears; 

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

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

16 under the following provisions: 

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

18 Control and Safe Streets Act of 1968 (Grants 

19 to Encourage Accountability Policies and En20 forcement of Protection Orders). 

21 ‘‘(B) Section 1401 of division B of the Vic22 tims of Trafficking and Violence Protection Act 

23 of 2000 (42 U.S.C. 3796gg–6) (Legal Assist24 ance for Victims). 


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1 ‘‘(C) Section 40295 of the Violence 

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

3 (Rural Domestic Violence, Dating Violence, 

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

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

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

8 14041a) (Enhanced Training and Services to 

9 End Violence Against Women Later in Life). 

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

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

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

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

17 and’’. 

18 SEC. 110. REAUTHORIZATION OF CHILD ABUSE TRAINING 

19 PROGRAMS FOR JUDICIAL PERSONNEL AND 

20 PRACTITIONERS. 

21 Section 224(a) of the Victims of Child Abuse Act of 

22 1990 (42 U.S.C. 13024(a)) is amended by striking 

23 ‘‘$2,300,000’’ and all that follows and inserting 

24 ‘‘$2,300,000 for each of fiscal years 2012 through 2016.’’. 


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1 SEC. 111. OFFSET OF RESTITUTION AND OTHER STATE JU2 DICIAL DEBTS AGAINST INCOME TAX RE3 FUND. 

4 (a) IN GENERAL.—Section 6402 of the Internal Rev5 enue Code of 1986 (relating to authority to make credits 

6 or refunds) is amended— 

7 (1) by redesignating subsections (g) through (l) 

8 as subsections (h) through (m), respectively; and 

9 (2) by inserting after subsection (f) the fol10 lowing: 

11 ‘‘(g) COLLECTION OF PAST-DUE, LEGALLY EN12 FORCEABLE RESTITUTION AND OTHER STATE JUDICIAL

13 DEBTS.— 

14 ‘‘(1) IN GENERAL.—In any State which wishes 

15 to collect past-due, legally enforceable State judicial 

16 debts, the chief justice of the State’s highest court 

17 shall designate a single State entity to communicate 

18 judicial debt information to the Secretary. In mak19 ing such designation, the chief justice of the State’s 

20 highest court shall select, whenever practicable, a 

21 relevant State official or agency responsible under 

22 State law for collecting the State’s income tax or 

23 other statewide excise at the time of the designation. 

24 Upon receiving notice from a State designated entity 

25 that a named person owes a past-due, legally en26 forceable State judicial debt to or in such State, the 


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1 Secretary shall, under such conditions as may be 

2 prescribed by the Secretary— 

3 ‘‘(A) reduce the amount of any overpay4 ment payable to such person by the amount of 

5 such State judicial debt; 

6 ‘‘(B) pay the amount by which such over7 payment is reduced under subparagraph (A) to 

8 such State designated entity and notify such 

9 State designated entity of such person’s name, 

10 taxpayer identification number, address, and 

11 the amount collected; and 

12 ‘‘(C) notify the person making such over13 payment that the overpayment has been re14 duced by an amount necessary to satisfy a past15 due, legally enforceable State judicial debt. 

16 If an offset is made pursuant to a joint return, the 

17 notice under subparagraph (B) shall include the 

18 names, taxpayer identification numbers, and ad19 dresses of each person filing such return. 

20 ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay21 ment by a person shall be reduced pursuant to this 

22 subsection— 

23 ‘‘(A) after such overpayment is reduced 

24 pursuant to— 


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1 ‘‘(i) subsection (a) with respect to any 

2 liability for any internal revenue tax on the 

3 part of the person who made the overpay4 ment; 

5 ‘‘(ii) subsection (c) with respect to 

6 past-due support; 

7 ‘‘(iii) subsection (d) with respect to 

8 any past-due, legally enforceable debt owed 

9 to a Federal agency; and 

10 ‘‘(iv) subsection (e) with respect to 

11 any past-due, legally enforceable State in12 come tax obligations; and 

13 ‘‘(B) before such overpayment is credited 

14 to the future liability for any Federal internal 

15 revenue tax of such person pursuant to sub16 section (b). 

17 If the Secretary receives notice from 1 or more State 

18 designated entities of more than 1 debt subject to 

19 paragraph (1) that is owed by such person to such 

20 State agency or State judicial branch, any overpay21 ment by such person shall be applied against such 

22 debts in the order in which such debts accrued. 

23 ‘‘(3) NOTICE; CONSIDERATION OF EVIDENCE.— 

24 Rules similar to the rules of subsection (e)(4) shall 

25 apply with respect to debts under this subsection. 


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1 ‘‘(4) PAST-DUE, LEGALLY ENFORCEABLE STATE

2 JUDICIAL DEBT.— 

3 ‘‘(A) IN GENERAL.—For purposes of this 

4 subsection, the term ‘past-due, legally enforce5 able State judicial debt’ means a debt— 

6 ‘‘(i) which resulted from a judgment 

7 or sentence rendered by any court or tri8 bunal of competent jurisdiction which— 

9 ‘‘(I) handles criminal or traffic 

10 cases in the State; and 

11 ‘‘(II) has determined an amount 

12 of State judicial debt to be due; and 

13 ‘‘(ii) which resulted from a State judi14 cial debt which has been assessed and is 

15 past-due but not collected. 

16 ‘‘(B) STATE JUDICIAL DEBT.—For pur17 poses of this paragraph, the term ‘State judicial 

18 debt’ includes court costs, fees, fines, assess19 ments, restitution to victims of crime, and other 

20 monies resulting from a judgment or sentence 

21 rendered by any court or tribunal of competent 

22 jurisdiction handling criminal or traffic cases in 

23 the State. 

24 ‘‘(5) REGULATIONS.—The Secretary shall issue 

25 regulations prescribing the time and manner in 


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1 which State designated entities must submit notices 

2 of past-due, legally enforceable State judicial debts 

3 and the necessary information that must be con4 tained in or accompany such notices. The regula5 tions shall specify the types of State judicial monies 

6 and the minimum amount of debt to which the re7 duction procedure established by paragraph (1) may 

8 be applied. The regulations shall require State des9 ignated entities to pay a fee to reimburse the Sec10 retary for the cost of applying such procedure. Any 

11 fee paid to the Secretary pursuant to the preceding 

12 sentence shall be used to reimburse appropriations 

13 which bore all or part of the cost of applying such 

14 procedure. 

15 ‘‘(6) ERRONEOUS PAYMENT TO STATE.—Any 

16 State designated entity receiving notice from the 

17 Secretary that an erroneous payment has been made 

18 to such State designated entity under paragraph (1) 

19 shall pay promptly to the Secretary, in accordance 

20 with such regulations as the Secretary may pre21 scribe, an amount equal to the amount of such erro22 neous payment (without regard to whether any other 

23 amounts payable to such State designated entity 

24 under such paragraph have been paid to such State 

25 designated entity).’’. 


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1 (b) DISCLOSURE OF RETURN INFORMATION.—Sec2 tion 6103(l)(10) of the Internal Revenue Code of 1986 

3 (relating to disclosure of certain information to agencies 

4 requesting a reduction under subsection (c), (d), (e), or 

5 (f) of section 6402) is amended by striking ‘‘or (f)’’ each 

6 place it appears in the text and heading and inserting ‘‘(f), 

7 or (g)’’. 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) Section 6402(a) of the Internal Revenue 

10 Code of 1986 is amended by striking ‘‘and (f)’’ and 

11 inserting ‘‘(f), and (g),’’. 

12 (2) Paragraph (2) of section 6402(d) of such 

13 Code is amended by striking ‘‘subsections (e) and 

14 (f)’’ and inserting ‘‘subsections (e), (f), and (g)’’. 

15 (3) Paragraph (3)(B) of section 6402(e) of 

16 such Code is amended to read as follows: 

17 ‘‘(B) before such overpayment is— 

18 ‘‘(i) reduced pursuant to subsection 

19 (g) with respect to past-due, legally en20 forceable State judicial debts, and 

21 ‘‘(ii) credited to the future liability for 

22 any Federal internal revenue tax of such 

23 person pursuant to subsection (b).’’. 


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1 (4) Section 6402(h) of such Code, as so redes2 ignated, is amended by striking ‘‘or (f)’’ and insert3 ing ‘‘(f), or (g)’’. 

4 (5) Section 6402(j) of such Code, as so redesig5 nated, is amended by striking ‘‘or (f)’’ and inserting 

6 ‘‘(f), or (g)’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to refunds payable for taxable 

9 years beginning after December 31, 2011. 

10 TITLE II—IMPROVING SERVICES 

11 FOR VICTIMS OF DOMESTIC 

12 VIOLENCE, DATING VIO13 LENCE, SEXUAL ASSAULT, 

14 AND STALKING 

15 SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. 

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

17 41601(b) of the Violence Against Women Act of 1994 (42 

18 U.S.C. 14043g(b)) is amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘governmental and non21 governmental’’; and 

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

23 that follows and inserting ‘‘other nongovern24 mental or tribal programs and projects to assist 

25 individuals who have been victimized by sexual 


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1 assault, without regard to the age of the indi2 vidual.’’; and 

3 (2) in paragraph (2)— 

4 (A) in subparagraph (B), by striking ‘‘non5 profit, nongovernmental organizations for pro6 grams and activities’’ and inserting ‘‘nongovern7 mental or tribal programs and activities’’; and 

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

9 ‘‘linguistically and’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 41601(f)(1) of the Violence Against Women Act of 1994 

12 (42 U.S.C. 14043g(f)(1)) is amended by striking 

13 ‘‘$50,000,000 to remain available until expended for each 

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

15 ‘‘$40,000,000 to remain available until expended for each 

16 of fiscal years 2012 through 2016’’. 

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

18 SEXUAL ASSAULT, STALKING, AND CHILD 

19 ABUSE ENFORCEMENT ASSISTANCE. 

20 Section 40295 of the Violence Against Women Act 

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

22 (1) in subsection (a)(1)(H), by inserting ‘‘, in23 cluding sexual assault forensic examiners’’ before the 

24 semicolon; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘victim advocacy 

3 groups’’ and inserting ‘‘victim service pro4 viders’’; and 

5 (ii) by inserting ‘‘, including devel6 oping multidisciplinary teams focusing on 

7 high risk cases with the goal of preventing 

8 domestic and dating violence homicides’’ 

9 before the semicolon; 

10 (B) in paragraph (2)— 

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

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

13 assistance, and other long-term and short14 term victim and population specific serv15 ices’’; and 

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

17 (C) in paragraph (3), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

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

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

21 programs addressing sexual assault, including sexual 

22 assault forensic examiner programs, Sexual Assault 

23 Response Teams, law enforcement training, and pro24 grams addressing rape kit backlogs.’’; and 


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

2 ‘‘$55,000,000 for each of the fiscal years 2007 

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

4 of fiscal years 2012 through 2016’’. 

5 SEC. 203. TRAINING AND SERVICES TO END VIOLENCE 

6 AGAINST WOMEN WITH DISABILITIES 

7 GRANTS. 

8 Section 1402 of division B of the Victims of Traf9 ficking and Violence Protection Act of 2000 (42 U.S.C. 

10 3796gg–7) is amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1), by inserting ‘‘(in13 cluding using evidence-based indicators to as14 sess the risk of domestic and dating violence 

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

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

17 service organizations’’ and inserting ‘‘victim 

18 service providers’’; and 

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

20 services organizations’’ and inserting ‘‘victim 

21 service providers’’; 

22 (2) in subsection (c)(1)(D), by striking ‘‘non23 profit and nongovernmental victim services organiza24 tion, such as a State’’ and inserting ‘‘victim service 

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


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

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

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

4 through 2016’’. 

5 SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VI6 OLENCE AGAINST WOMEN IN LATER LIFE. 

7 Section 40802 of the Violence Against Women Act 

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

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

10 VIOLENCE AGAINST WOMEN IN LATER LIFE. 

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

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

13 that— 

14 ‘‘(A) is— 

15 ‘‘(i) a State; 

16 ‘‘(ii) a unit of local government; 

17 ‘‘(iii) a tribal government or tribal or18 ganization; 

19 ‘‘(iv) a population specific organiza20 tion with demonstrated experience in as21 sisting individuals in later life; 

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

23 ‘‘(vi) a State, tribal, or territorial do24 mestic violence or sexual assault coalition; 

25 and 


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1 ‘‘(B) is partnered with— 

2 ‘‘(i) a law enforcement agency; 

3 ‘‘(ii) an office of a prosecutor; 

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

5 ‘‘(iv) a nonprofit program or govern6 ment agency with demonstrated experience 

7 in assisting individuals in later life; 

8 ‘‘(2) the term ‘exploitation’ means domestic vio9 lence, dating violence, sexual assault, or stalking; 

10 ‘‘(3) the term ‘later life’, relating to an indi11 vidual, means the individual is 60 years of age or 

12 older; and 

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

14 caregiver or fiduciary to provide the goods or serv15 ices that are necessary to maintain the health or 

16 safety of an individual in later life. 

17 ‘‘(b) GRANT PROGRAM.— 

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

19 General may make grants to eligible entities to carry 

20 out the activities described in paragraph (2). 

21 ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI22 TIES.— 

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

24 entity receiving a grant under this section shall 

25 use the funds received under the grant to— 


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1 ‘‘(i) provide training programs to as2 sist law enforcement agencies, prosecutors, 

3 agencies of States or units of local govern4 ment, population specific organizations, 

5 victim service providers, victim advocates, 

6 and relevant officers in Federal, tribal, 

7 State, territorial, and local courts in recog8 nizing and addressing instances of elder 

9 abuse; 

10 ‘‘(ii) provide or enhance services for 

11 victims of elder abuse; 

12 ‘‘(iii) establish or support multidisci13 plinary collaborative community responses 

14 to victims of elder abuse; and 

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

16 enforcement agencies, prosecutors, agen17 cies of States or units of local government, 

18 attorneys, health care providers, population 

19 specific organizations, faith-based advo20 cates, victim service providers, and courts 

21 to better serve victims of elder abuse. 

22 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi23 ble entity receiving a grant under this section 

24 may use not more than 10 percent of the funds 

25 received under the grant to— 


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1 ‘‘(i) provide training programs to as2 sist attorneys, health care providers, faith3 based leaders, or other community-based 

4 organizations in recognizing and address5 ing instances of elder abuse; or 

6 ‘‘(ii) conduct outreach activities and 

7 awareness campaigns to ensure that vic8 tims of elder abuse receive appropriate as9 sistance. 

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

11 grants under this section, the Attorney General shall 

12 give priority to proposals providing culturally spe13 cific or population specific services. 

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to carry out 

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

17 through 2016.’’. 

18 TITLE III—SERVICES, PROTEC19 TION, AND JUSTICE FOR 

20 YOUNG VICTIMS OF VIO21 LENCE 

22 SEC. 301. RAPE PREVENTION EDUCATION GRANT. 

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

24 U.S.C. 280b–1b) is amended— 

25 (1) in subsection (a)— 


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

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

3 centers, State’’; and 

4 (B) in paragraph (6), by inserting ‘‘and al5 cohol’’ after ‘‘about drugs’’; and 

6 (2) in subsection (c)(1), by striking 

7 ‘‘$80,000,000 for each of fiscal years 2007 through 

8 2011’’ and inserting ‘‘$50,000,000 for each of fiscal 

9 years 2012 through 2016’’. 

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

11 SERVICES, AND EDUCATION FOR CHILDREN 

12 AND YOUTH. 

13 (a) IN GENERAL.—Subtitle L of the Violence Against 

14 Women Act of 1994 is amended by striking sections 

15 41201 through 41204 (42 U.S.C. 14043c through 

16 14043c–3) and inserting the following: 

17 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP18 TIONS, SERVICES, AND EDUCATION FOR 

19 CHILDREN AND YOUTH (‘CHOOSE CHILDREN 

20 & YOUTH’). 

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

22 working in collaboration with the Secretary of Health and 

23 Human Services and the Secretary of Education, shall 

24 award grants to enhance the safety of youth and children 

25 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, stalking, 

21 as well as runaway and homeless youth, and to 

22 properly refer such children, youth, and their 

23 families to appropriate services. 

24 ‘‘(2) SUPPORTING YOUTH THROUGH EDU25 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) provide scientifically valid educational 

22 programming for students regarding domestic 

23 violence, dating violence, sexual assault, and 

24 stalking that is produced by accredited entities; 

25 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 including runaway or homeless youth, who are 

14 victims of domestic violence, dating violence, 

15 sexual assault, or stalking; or 

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

17 partnered with an entity that has a dem18 onstrated history of effective work addressing 

19 the needs of youth. 

20 ‘‘(2) PARTNERSHIPS.— 

21 ‘‘(A) EDUCATION.—To be eligible to re22 ceive a grant for the purposes described in sub23 section (b)(2), an entity described in paragraph 

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

25 tribal, or nationally accredited private middle or 


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1 high school, a school administered by the De2 partment of Defense under section 2164 of title 

3 10, United States Code or section 1402 of the 

4 Defense Dependents’ Education Act of 1978, a 

5 group of schools, a school district, or an institu6 tion of higher education. 

7 ‘‘(B) OTHER PARTNERSHIPS.—All appli8 cants under this section are encouraged to work 

9 in partnership with organizations and agencies 

10 that work with the relevant population. Such 

11 entities may include— 

12 ‘‘(i) a State, tribe, unit of local gov13 ernment, or territory; 

14 ‘‘(ii) a population specific or commu15 nity-based organization; 

16 ‘‘(iii) batterer intervention programs 

17 or sex offender treatment programs with 

18 specialized knowledge and experience work19 ing with youth offenders; or 

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

21 nongovernmental organizations with the 

22 capacity to provide effective assistance to 

23 the adult, youth, and child victims served 

24 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 (b) VAWA GRANT REQUIREMENTS.—Section 

15 40002(b) of the Violence Against Women Act of 1994 (42 

16 U.S.C. 13925(b)) is amended by adding at the end the 

17 following: 

18 ‘‘(12) REQUIREMENT FOR SCIENTIFICALLY

19 VALID PROGRAMS.—All grant funds made available 

20 by this Act shall be used to provide scientifically 

21 valid educational programming, training, public 

22 awareness communications regarding domestic vio23 lence, dating violence, sexual assault, and stalking 

24 that is produced by accredited entities, as appro25 priate.’’. 


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1 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM2 PUSES. 

3 Section 304 of the Violence Against Women and De4 partment of Justice Reauthorization Act of 2005 (42 

5 U.S.C. 14045b) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

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

9 and’’ and inserting ‘‘stalking on cam10 puses,’’; 

11 (ii) by striking ‘‘crimes against women 

12 on’’ and inserting ‘‘crimes on’’; and 

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

14 strengthen prevention education and 

15 awareness programs’’ before the period; 

16 and 

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

18 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (2)— 

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

22 ‘‘To develop’’; and 

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

24 technology to commit these crimes,’’ after 

25 ‘‘sexual assault and stalking,’’; 

26 (B) in paragraph (4)— 


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1 (i) by inserting ‘‘and population spe2 cific services’’ after ‘‘strengthen victim 

3 services programs’’; 

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

5 and all that follows through ‘‘stalking vic6 tim services programs’’ and inserting ‘‘vic7 tim service providers’’; and 

8 (iii) by inserting ‘‘, regardless of 

9 whether the services are provided by the 

10 institution or in coordination with commu11 nity victim service providers’’ before the 

12 period at the end; and 

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

14 ‘‘(9) To provide scientifically valid educational 

15 programming for students regarding domestic vio16 lence, dating violence, sexual assault, and stalking 

17 that is produced by accredited entities. 

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

19 strategies and projects for victims of domestic vio20 lence, dating violence, sexual assault, and stalking 

21 from underserved populations on campus.’’; 

22 (3) in subsection (c)— 

23 (A) in paragraph (2)— 

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

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


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1 through ‘‘victim services programs’’ and 

2 inserting ‘‘victim service providers’’; 

3 (ii) by redesignating subparagraphs 

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

5 through (G), respectively; and 

6 (iii) by inserting after subparagraph 

7 (C), the following: 

8 ‘‘(D) describe how underserved populations 

9 in the campus community will be adequately 

10 served, including the provision of relevant popu11 lation specific services;’’; and 

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

13 through 2011’’ and inserting ‘‘2012 through 

14 2016’’; 

15 (4) in subsection (d)— 

16 (A) by redesignating paragraph (3) as 

17 paragraph (4); and 

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

19 following: 

20 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— 

21 Each grantee shall comply with the following min22 imum requirements during the grant period: 

23 ‘‘(A) The grantee shall create a coordi24 nated community response including both orgaVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 nizations external to the institution and rel2 evant divisions of the institution. 

3 ‘‘(B) The grantee shall establish a manda4 tory prevention and education program on do5 mestic violence, dating violence, sexual assault, 

6 and stalking for all incoming students. 

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

8 law enforcement to respond effectively to do9 mestic violence, dating violence, sexual assault, 

10 and stalking. 

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

12 of campus disciplinary boards to respond effec13 tively to situations involving domestic violence, 

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

15 and 

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

17 and all that follows through the period and inserting 

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

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

20 SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO21 LENCE, DATING VIOLENCE, AND STALKING 

22 EDUCATION AND PREVENTION. 

23 (a) IN GENERAL.—Section 485(f) of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

25 (1) in paragraph (1)(F)— 


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1 (A) in clause (i)(VIII), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in clause (ii)— 

4 (i) by striking ‘‘sexual orientation’’ 

5 and inserting ‘‘national origin, sexual ori6 entation,’’; and 

7 (ii) by striking the period and insert8 ing ‘‘; and’’; and 

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

10 ‘‘(iii) of domestic violence, dating vio11 lence, and stalking incidents that were re12 ported to campus security authorities or 

13 local police agencies.’’; 

14 (2) in paragraph (3), by inserting ‘‘, that with15 holds the names of victims as confidential,’’ after 

16 ‘‘that is timely’’; 

17 (3) in paragraph (6)(A)— 

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

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

20 (B) by inserting before clause (ii), as re21 designated by subparagraph (A), the following: 

22 ‘‘(i) The terms ‘dating violence’, ‘domestic vio23 lence’, and ‘stalking’ have the meaning given such 

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

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


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1 (C) by inserting after clause (iv), as redes2 ignated by subparagraph (A), the following: 

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

4 classified as a forcible or nonforcible sex offense 

5 under the uniform crime reporting system of the 

6 Federal Bureau of Investigation.’’; 

7 (4) in paragraph (7)— 

8 (A) by striking ‘‘paragraph (1)(F)’’ and in9 serting ‘‘clauses (i) and (ii) of paragraph 

10 (1)(F)’’; and 

11 (B) by inserting after ‘‘Hate Crime Statis12 tics Act.’’ the following: ‘‘For the offenses of 

13 domestic violence, dating violence, and stalking, 

14 such statistics shall be compiled in accordance 

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

16 the Violence Against Women Act of 1994 (42 

17 U.S.C. 13925(a)).’’; 

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

19 following: 

20 ‘‘(8)(A) Each institution of higher education partici21 pating in any program under this title and title IV of the 

22 Economic Opportunity Act of 1964, other than a foreign 

23 institution of higher education, shall develop and dis24 tribute as part of the report described in paragraph (1) 

25 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) Possible sanctions or protective measures 

11 that such institution may impose following a final 

12 determination of an institutional disciplinary proce13 dure regarding rape, acquaintance rape, domestic vi14 olence, dating violence, sexual assault, or stalking. 

15 ‘‘(ii) Procedures victims should follow if a sex 

16 offense, domestic violence, dating violence, sexual as17 sault, or stalking has occurred, including informa18 tion in writing about— 

19 ‘‘(I) the importance of preserving evidence 

20 as may be necessary to the proof of criminal do21 mestic violence, dating violence, sexual assault, 

22 or stalking, or in obtaining a protection order; 

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

24 be reported; 


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1 ‘‘(III) options regarding law enforcement 

2 and campus authorities, including notification 

3 of the victim’s option to— 

4 ‘‘(aa) notify proper law enforcement 

5 authorities, including on-campus and local 

6 police; 

7 ‘‘(bb) be assisted by campus authori8 ties in notifying law enforcement authori9 ties if the victim so chooses; and 

10 ‘‘(cc) decline to notify such authori11 ties; and 

12 ‘‘(IV) where applicable, the rights of vic13 tims and the institution’s responsibilities re14 garding orders of protection, no contact orders, 

15 restraining orders, or similar lawful orders 

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

17 ‘‘(iii) Information about how the institution will 

18 protect the confidentiality of victims, including how 

19 publicly-available recordkeeping will be accomplished 

20 without the inclusion of identifying information 

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

22 ‘‘(iv) Notification of students about existing 

23 counseling, health, mental health, victim advocacy, 

24 legal assistance, and other services available for vic25 tims both on-campus and in the community. 


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1 ‘‘(v) Notification of victims about options for, 

2 and available assistance in, changing academic, liv3 ing, transportation, and working situations, if so re4 quested by the victim and if such accommodations 

5 are reasonably available, regardless of whether the 

6 victim chooses to report the crime to campus police 

7 or local law enforcement. 

8 ‘‘(C) A student or employee who reports to an institu9 tion of higher education that the student or employee has 

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

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

12 off campus, shall be provided with a written explanation 

13 of the student or employee’s rights and options, as de14 scribed in clauses (ii) through (vii) of subparagraph (B).’’; 

15 (6) in paragraph (9), by striking ‘‘The Sec16 retary’’ and inserting ‘‘The Secretary, in consulta17 tion with the Attorney General of the United 

18 States,’’; 

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

20 the following: 

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

22 counsel of the Attorney General of the United States con23 cerning the development, and dissemination to institutions 

24 of higher education, of best practices information about 

25 campus safety and emergencies. 


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

2 of the Attorney General of the United States and the Sec3 retary of Health and Human Services concerning the de4 velopment, and dissemination to institutions of higher 

5 education, of best practices information about preventing 

6 and responding to incidents of domestic violence, dating 

7 violence, sexual assault, and stalking, including elements 

8 of institutional policies that have proven successful based 

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

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

11 the following: 

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

13 participating in any program under this title shall retali14 ate, intimidate, threaten, coerce, or otherwise discriminate 

15 against any individual for exercising their rights or re16 sponsibilities under any provision of this subsection.’’. 

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

18 this section shall take effect with respect to the annual 

19 security report under section 485(f)(1) of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by 

21 an institution of higher education 1 calendar year after 

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

23 calendar year. 


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1 TITLE IV—VIOLENCE 

2 REDUCTION PRACTICES 

3 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS4 EASE CONTROL AND PREVENTION. 

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

6 Department of Justice Reauthorization Act of 2005 (42 

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

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

9 ‘‘$500,000 for each of fiscal years 2012 through 2016’’. 

10 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

11 THROUGH PREVENTION GRANTS. 

12 (a) SMART PREVENTION.—Section 41303 of the Vi13 olence Against Women Act of 1994 (42 U.S.C. 14043d– 

14 2) is amended to read as follows: 

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

16 THROUGH PREVENTION (SMART PREVEN17 TION). 

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

19 in consultation with the Secretary of Health and Human 

20 Services and the Secretary of Education, is authorized to 

21 award grants for the purpose of preventing domestic vio22 lence, dating violence, sexual assault, and stalking by tak23 ing a comprehensive approach that focuses on youth, chil24 dren exposed to violence, and men as leaders and 

25 influencers of social norms. 


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

2 section may be used for the following purposes: 

3 ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND

4 PREVENTION.—To develop, maintain, or enhance 

5 programs that change attitudes and behaviors 

6 around the acceptability of domestic violence, dating 

7 violence, sexual assault, and stalking and provide 

8 education and skills training to young individuals 

9 and individuals who influence young individuals. The 

10 prevention program may use evidence-based, evi11 dence-informed, or innovative strategies and prac12 tices focused on youth. Such a program should in13 clude— 

14 ‘‘(A) scientifically valid age appropriate 

15 education that is produced by accredited enti16 ties on domestic violence, dating violence, sexual 

17 assault, stalking, and sexual coercion, as well as 

18 healthy relationship skills, in school, in the com19 munity, or in health care settings; 

20 ‘‘(B) community-based collaboration and 

21 training for those with influence on youth, such 

22 as parents, teachers, coaches, healthcare pro23 viders, faith-leaders, older teens, and mentors; 

24 ‘‘(C) education and outreach to change en25 vironmental factors contributing to domestic viVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 olence, dating violence, sexual assault, and 

2 stalking; and 

3 ‘‘(D) policy development targeted to pre4 vention, including school-based policies and pro5 tocols. 

6 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

7 ABUSE.—To develop, maintain or enhance programs 

8 designed to prevent future incidents of domestic vio9 lence, dating violence, sexual assault, and stalking 

10 by preventing, reducing and responding to children’s 

11 exposure to violence in the home. Such programs 

12 may include— 

13 ‘‘(A) providing services for children ex14 posed to domestic violence, dating violence, sex15 ual assault or stalking, including direct coun16 seling or advocacy, and support for the non17 abusing parent; and 

18 ‘‘(B) training and coordination for edu19 cational, after-school, and childcare programs 

20 on how to safely and confidentially identify chil21 dren and families experiencing domestic vio22 lence, dating violence, sexual assault, or stalk23 ing and properly refer children exposed and 

24 their families to services and violence prevention 

25 programs. 


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1 ‘‘(c) ELIGIBLE ENTITIES.—To be an eligible to re2 ceive a grant under this section, an entity shall be— 

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

4 organization, tribe or tribal organization, or other 

5 non-profit, nongovernmental organization that has a 

6 history of effective work preventing domestic vio7 lence, dating violence, sexual assault, or stalking and 

8 expertise in the specific area for which they are ap9 plying for funds; or 

10 ‘‘(2) a partnership between a victim service pro11 vider, community-based organization, tribe or tribal 

12 organization, or other non-profit, nongovernmental 

13 organization that has a history of effective work pre14 venting domestic violence, dating violence, sexual as15 sault, or stalking and at least one of the following: 

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

17 accredited private middle or high school, a 

18 school administered by the Department of De19 fense under section 2164 of title 10, United 

20 States Code or section 1402 of the Defense De21 pendents’ Education Act of 1978, a group of 

22 schools, or a school district. 

23 ‘‘(B) A local community-based organiza24 tion, population-specific organization, or faithVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 based organization that has established exper2 tise in providing services to youth. 

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

4 population-specific organization, university or 

5 health care clinic, faith-based organization, or 

6 other non-profit, nongovernmental organization. 

7 ‘‘(D) A nonprofit, nongovernmental entity 

8 providing services for runaway or homeless 

9 youth affected by domestic violence, dating vio10 lence, sexual assault, or stalking. 

11 ‘‘(E) Healthcare entities eligible for reim12 bursement under title XVIII of the Social Secu13 rity Act, including providers that target the 

14 special needs of children and youth. 

15 ‘‘(F) Any other agencies, population-spe16 cific organizations, or nonprofit, nongovern17 mental organizations with the capacity to pro18 vide necessary expertise to meet the goals of the 

19 program. 

20 ‘‘(d) GRANTEE REQUIREMENTS.— 

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

22 under this section shall prepare and submit to the 

23 Director an application at such time, in such man24 ner, and containing such information as the Director 

25 may require that demonstrates the capacity of the 


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1 applicant and partnering organizations to undertake 

2 the project. 

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

4 under this section shall establish and implement 

5 policies, practices, and procedures that— 

6 ‘‘(A) include appropriate referral systems 

7 to direct any victim identified during program 

8 activities to highly qualified follow-up care; 

9 ‘‘(B) protect the confidentiality and pri10 vacy of adult and youth victim information, 

11 particularly in the context of parental or third 

12 party involvement and consent, mandatory re13 porting duties, and working with other service 

14 providers; 

15 ‘‘(C) ensure that all individuals providing 

16 prevention programming through a program 

17 funded under this section have completed or 

18 will complete sufficient training in connection 

19 with domestic violence, dating violence, sexual 

20 assault or stalking; and 

21 ‘‘(D) document how prevention programs 

22 are coordinated with service programs in the 

23 community. 


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1 ‘‘(3) PREFERENCE.—In selecting grant recipi2 ents under this section, the Attorney General shall 

3 give preference to applicants that— 

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

5 and 

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

7 or State-based efforts that are working on do8 mestic violence, dating violence, sexual assault, 

9 or stalking prevention and explain how the 

10 grantee or partnership will add value, coordi11 nate with other programs, and not duplicate ex12 isting efforts. 

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

14 this section, the definitions and grant conditions provided 

15 for in section 40002 shall apply. 

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

17 is authorized to be appropriated to carry out this section 

18 $15,000,000 for each of fiscal years 2012 through 2016. 

19 ‘‘(g) ALLOTMENT.— 

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

21 the total amounts appropriated under this section in 

22 each fiscal year shall be used for each set of pur23 poses described in paragraphs (1), (2), and (3) of 

24 subsection (a). 


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

2 of the total amounts appropriated under this section 

3 in each fiscal year shall be made available for grants 

4 to Indian tribes or tribal organizations.’’. 

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

6 (1) Sections 41304 and 41305 of the Violence 

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

8 and 14043d–4). 

9 (2) Section 403 of the Violence Against Women 

10 and Department of Justice Reauthorization Act of 

11 2005 (42 U.S.C. 14045c). 

12 TITLE V—STRENGTHENING THE 

13 HEALTHCARE SYSTEM’S RE14 SPONSE TO DOMESTIC VIO15 LENCE, DATING VIOLENCE, 

16 SEXUAL ASSAULT, AND 

17 STALKING 

18 SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN 

19 THE HEALTHCARE SYSTEM’S RESPONSE TO 

20 DOMESTIC VIOLENCE, DATING VIOLENCE, 

21 SEXUAL ASSAULT, AND STALKING. 

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

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

24 follows: 


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

2 SYSTEM’S RESPONSE TO DOMESTIC VIO3 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

4 AND STALKING. 

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

6 grants for— 

7 ‘‘(1) the development or enhancement and im8 plementation of interdisciplinary training for health 

9 professionals, public health staff, and allied health 

10 professionals; 

11 ‘‘(2) the development or enhancement and im12 plementation of education programs for medical, 

13 nursing, dental, and other health profession students 

14 and residents to prevent and respond to domestic vi15 olence, dating violence, sexual assault, and stalking; 

16 and 

17 ‘‘(3) the development or enhancement and im18 plementation of comprehensive statewide strategies 

19 to improve the response of clinics, public health fa20 cilities, hospitals, and other health settings (includ21 ing behavioral and mental health programs) to do22 mestic violence, dating violence, sexual assault, and 

23 stalking. 

24 ‘‘(b) USE OF FUNDS.— 

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

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


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1 ‘‘(A) fund interdisciplinary training and 

2 education programs under paragraphs (1) and 

3 (2) of subsection (a) that— 

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

5 psychology, dental, social work, nursing, 

6 and other health profession students, in7 terns, residents, fellows, or current health 

8 care providers to identify and provide 

9 health care services (including mental or 

10 behavioral health care services and refer11 rals to appropriate community services) to 

12 individuals who are or who have been vic13 tims of domestic violence, dating violence, 

14 sexual assault, or stalking; and 

15 ‘‘(ii) plan and develop culturally com16 petent clinical training components for in17 tegration into approved internship, resi18 dency, and fellowship training or con19 tinuing medical or other health education 

20 training that address physical, mental, and 

21 behavioral health issues, including protec22 tive factors, related to domestic violence, 

23 dating violence, sexual assault, stalking, 

24 and other forms of violence and abuse, 

25 focus on reducing health disparities and 


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1 preventing violence and abuse, and include 

2 the primacy of victim safety and confiden3 tiality; 

4 ‘‘(B) design and implement comprehensive 

5 strategies to improve the response of the health 

6 care system to domestic or sexual violence in 

7 clinical and public health settings, hospitals, 

8 clinics, and other health settings (including be9 havioral and mental health), under subsection 

10 (a)(3) through— 

11 ‘‘(i) the implementation, dissemina12 tion, and evaluation of policies and proce13 dures to guide health professionals and 

14 public health staff in identifying and re15 sponding to domestic violence, dating vio16 lence, sexual assault, and stalking, includ17 ing strategies to ensure that health infor18 mation is maintained in a manner that 

19 protects the patient’s privacy and safety, 

20 and safely uses health information tech21 nology to improve documentation, identi22 fication, assessment, treatment, and follow23 up care; 

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

25 to services to address the safety, medical, 


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1 and mental health needs of patients by in2 creasing the capacity of existing health 

3 care professionals and public health staff 

4 to address domestic violence, dating vio5 lence, sexual assault, and stalking, or by 

6 contracting with or hiring domestic or sex7 ual assault advocates to provide such serv8 ices or to model other services appropriate 

9 to the geographic and cultural needs of a 

10 site; 

11 ‘‘(iii) the development of measures 

12 and methods for the evaluation of the 

13 practice of identification, intervention, and 

14 documentation regarding victims of domes15 tic violence, dating violence, sexual assault, 

16 and stalking, including the development 

17 and testing of quality improvement meas18 urements; and 

19 ‘‘(iv) the provision of training and fol20 low-up technical assistance to health care 

21 professionals, and public health staff, and 

22 allied health professionals to identify, as23 sess, treat, and refer clients who are vic24 tims of domestic violence, dating violence, 

25 sexual assault, or stalking, including using 


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1 tools and training materials already devel2 oped. 

3 ‘‘(2) PERMISSIBLE USES.— 

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

5 extent consistent with the purpose of this sec6 tion, a grantee may use amounts received under 

7 this section to address, as part of a comprehen8 sive programmatic approach implemented under 

9 the grant, issues relating to child or elder 

10 abuse. 

11 ‘‘(B) RURAL AREAS.—Grants funded 

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

13 may be used to offer to rural areas community14 based training opportunities, which may include 

15 the use of distance learning networks and other 

16 available technologies needed to reach isolated 

17 rural areas, for medical, nursing, and other 

18 health profession students and residents on do19 mestic violence, dating violence, sexual assault, 

20 stalking, and, as appropriate, other forms of vi21 olence and abuse. 

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

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

24 ‘‘(i) the development of training mod25 ules and policies that address the overlap 


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1 of child abuse, domestic violence, dating vi2 olence, sexual assault, and stalking and 

3 elder abuse, as well as childhood exposure 

4 to domestic and sexual violence; 

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

6 implementation of sexual assault forensic 

7 medical examination or sexual assault 

8 nurse examiner programs; 

9 ‘‘(iii) the inclusion of the health ef10 fects of lifetime exposure to violence and 

11 abuse as well as related protective factors 

12 and behavioral risk factors in health pro13 fessional training schools including med14 ical, dental, nursing, social work, and men15 tal and behavioral health curricula, and al16 lied health service training courses; or 

17 ‘‘(iv) the integration of knowledge of 

18 domestic violence, dating violence, sexual 

19 assault, and stalking into health care ac20 creditation and professional licensing ex21 aminations, such as medical, dental, social 

22 work, and nursing boards, and where ap23 propriate, other allied health exams. 

24 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

25 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 


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

2 section shall ensure that all programs developed 

3 with grant funds address issues of confiden4 tiality and patient safety and comply with appli5 cable confidentiality and nondisclosure require6 ments under section 40002(b)(2) of the Vio7 lence Against Women Act of 1994 and the 

8 Family Violence Prevention and Services Act, 

9 and that faculty and staff associated with deliv10 ering educational components are fully trained 

11 in procedures that will protect the immediate 

12 and ongoing security and confidentiality of the 

13 patients, patient records, and staff. Such grant14 ees shall consult entities with demonstrated ex15 pertise in the confidentiality and safety needs of 

16 victims of domestic violence, dating violence, 

17 sexual assault, and stalking on the development 

18 and adequacy of confidentially and security pro19 cedures, and provide documentation of such 

20 consultation. 

21 ‘‘(B) ADVANCE NOTICE OF INFORMATION

22 DISCLOSURE.—Grantees under this section shall 

23 provide to patients advance notice about any 

24 circumstances under which information may be 

25 disclosed, such as mandatory reporting laws, 


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1 and shall give patients the option to receive in2 formation and referrals without affirmatively 

3 disclosing abuse. 

4 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX5 PENSES.—A grantee shall use not more than 10 per6 cent of the amounts received under a grant under 

7 this section for administrative expenses. 

8 ‘‘(3) APPLICATION.— 

9 ‘‘(A) PREFERENCE.—In selecting grant re10 cipients under this section, the Secretary shall 

11 give preference to applicants based on the 

12 strength of their evaluation strategies, with pri13 ority given to outcome based evaluations. 

14 ‘‘(B) SUBSECTION (a)(1) AND (2) GRANT15 EES.—Applications for grants under para16 graphs (1) and (2) of subsection (a) shall in17 clude— 

18 ‘‘(i) documentation that the applicant 

19 represents a team of entities working col20 laboratively to strengthen the response of 

21 the health care system to domestic vio22 lence, dating violence, sexual assault, or 

23 stalking, and which includes at least one of 

24 each of— 


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1 ‘‘(I) an accredited school of 

2 allopathic or osteopathic medicine, 

3 psychology, nursing, dentistry, social 

4 work, or other health field; 

5 ‘‘(II) a health care facility or sys6 tem; or 

7 ‘‘(III) a government or nonprofit 

8 entity with a history of effective work 

9 in the fields of domestic violence, dat10 ing violence, sexual assault, or stalk11 ing; and 

12 ‘‘(ii) strategies for the dissemination 

13 and sharing of curricula and other edu14 cational materials developed under the 

15 grant, if any, with other interested health 

16 professions schools and national resource 

17 repositories for materials on domestic vio18 lence, dating violence, sexual assault, and 

19 stalking. 

20 ‘‘(C) SUBSECTION (a)(3) GRANTEES.—An 

21 entity desiring a grant under subsection (a)(3) 

22 shall submit an application to the Secretary at 

23 such time, in such a manner, and containing 

24 such information and assurances as the Sec25 retary may require, including— 


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1 ‘‘(i) documentation that all training, 

2 education, screening, assessment, services, 

3 treatment, and any other approach to pa4 tient care will be informed by an under5 standing of violence and abuse victimiza6 tion and trauma-specific approaches that 

7 will be integrated into prevention, interven8 tion, and treatment activities; 

9 ‘‘(ii) strategies for the development 

10 and implementation of policies to prevent 

11 and address domestic violence, dating vio12 lence, sexual assault, and stalking over the 

13 lifespan in health care settings; 

14 ‘‘(iii) a plan for consulting with State 

15 and tribal domestic violence or sexual as16 sault coalitions, national nonprofit victim 

17 advocacy organizations, State or tribal law 

18 enforcement task forces (where appro19 priate), and population specific organiza20 tions with demonstrated expertise in do21 mestic violence, dating violence, sexual as22 sault, or stalking; 

23 ‘‘(iv) with respect to an application 

24 for a grant under which the grantee will 

25 have contact with patients, a plan, develVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 oped in collaboration with local victim serv2 ice providers, to respond appropriately to 

3 and make correct referrals for individuals 

4 who disclose that they are victims of do5 mestic violence, dating violence, sexual as6 sault, stalking, or other types of violence, 

7 and documentation provided by the grantee 

8 of an ongoing collaborative relationship 

9 with a local victim service provider; and 

10 ‘‘(v) with respect to an application for 

11 a grant proposing to fund a program de12 scribed in subsection (b)(2)(C)(ii), a cer13 tification that any sexual assault forensic 

14 medical examination and sexual assault 

15 nurse examiner programs supported with 

16 such grant funds will adhere to the guide17 lines set forth by the Attorney General. 

18 ‘‘(d) ELIGIBLE ENTITIES.— 

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

20 funding under paragraph (1) or (2) of subsection 

21 (a), an entity shall be— 

22 ‘‘(A) a nonprofit organization with a his23 tory of effective work in the field of training 

24 health professionals with an understanding of, 

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1 lence, dating violence, sexual assault, or stalk2 ing, and lifetime exposure to violence and 

3 abuse; 

4 ‘‘(B) an accredited school of allopathic or 

5 osteopathic medicine, psychology, nursing, den6 tistry, social work, or allied health; 

7 ‘‘(C) a health care provider membership or 

8 professional organization, or a health care sys9 tem; or 

10 ‘‘(D) a State, tribal, territorial, or local en11 tity. 

12 ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be eli13 gible to receive funding under subsection (a)(3), an 

14 entity shall be— 

15 ‘‘(A) a State department (or other divi16 sion) of health, a State, tribal, or territorial do17 mestic violence or sexual assault coalition or 

18 victim service provider, or any other nonprofit, 

19 nongovernmental organization with a history of 

20 effective work in the fields of domestic violence, 

21 dating violence, sexual assault, or stalking, and 

22 health care, including physical or mental health 

23 care; or 

24 ‘‘(B) a local victim service provider, a local 

25 department (or other division) of health, a local 


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1 health clinic, hospital, or health system, or any 

2 other community-based organization with a his3 tory of effective work in the field of domestic vi4 olence, dating violence, sexual assault, or stalk5 ing and health care, including physical or men6 tal health care. 

7 ‘‘(e) TECHNICAL ASSISTANCE.— 

8 ‘‘(1) IN GENERAL.—Of the funds made avail9 able to carry out this section for any fiscal year, the 

10 Secretary may make grants or enter into contracts 

11 to provide technical assistance with respect to the 

12 planning, development, and operation of any pro13 gram, activity or service carried out pursuant to this 

14 section. Not more than 8 percent of the funds ap15 propriated under this section in each fiscal year may 

16 be used to fund technical assistance under this sub17 section. 

18 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec19 retary shall make publicly available materials devel20 oped by grantees under this section, including mate21 rials on training, best practices, and research and 

22 evaluation. 

23 ‘‘(3) REPORTING.—The Secretary shall publish 

24 a biennial report on— 


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1 ‘‘(A) the distribution of funds under this 

2 section; and 

3 ‘‘(B) the programs and activities supported 

4 by such funds. 

5 ‘‘(f) RESEARCH AND EVALUATION.— 

6 ‘‘(1) IN GENERAL.—Of the funds made avail7 able to carry out this section for any fiscal year, the 

8 Secretary may use not more than 20 percent to 

9 make a grant or enter into a contract for research 

10 and evaluation of— 

11 ‘‘(A) grants awarded under this section; 

12 and 

13 ‘‘(B) other training for health professionals 

14 and effective interventions in the health care 

15 setting that prevent domestic violence, dating 

16 violence, and sexual assault across the lifespan, 

17 prevent the health effects of such violence, and 

18 improve the safety and health of individuals 

19 who are currently being victimized. 

20 ‘‘(2) RESEARCH.—Research authorized in para21 graph (1) may include— 

22 ‘‘(A) research on the effects of domestic vi23 olence, dating violence, sexual assault, and 

24 childhood exposure to domestic, dating or sex25 ual violence on health behaviors, health condiVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 tions, and health status of individuals, families, 

2 and populations, including underserved popu3 lations; 

4 ‘‘(B) research to determine effective health 

5 care interventions to respond to and prevent do6 mestic violence, dating violence, sexual assault, 

7 and stalking; 

8 ‘‘(C) research on the impact of domestic, 

9 dating and sexual violence, childhood exposure 

10 to such violence, and stalking on the health care 

11 system, health care utilization, health care 

12 costs, and health status; and 

13 ‘‘(D) research on the impact of adverse 

14 childhood experiences on adult experience with 

15 domestic violence, dating violence, sexual as16 sault, stalking, and adult health outcomes, in17 cluding how to reduce or prevent the impact of 

18 adverse childhood experiences through the 

19 health care setting. 

20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to carry out this section 

22 $10,000,000 for each of fiscal years 2012 through 2016. 

23 ‘‘(h) DEFINITIONS.—Except as otherwise provided 

24 herein, the definitions provided for in section 40002 of the 


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1 Violence Against Women Act of 1994 shall apply to this 

2 section.’’. 

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

4 (1) Section 40297 of the Violence Against 

5 Women Act of 1994 (42 U.S.C. 13973). 

6 (2) Section 758 of the Public Health Service 

7 Act (42 U.S.C. 294h). 

8 TITLE VI—SAFE HOMES FOR VIC9 TIMS OF DOMESTIC VIO10 LENCE, DATING VIOLENCE, 

11 SEXUAL ASSAULT, AND 

12 STALKING 

13 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES14 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

15 ASSAULT, AND STALKING. 

16 (a) AMENDMENT.—Subtitle N of the Violence 

17 Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 

18 is amended— 

19 (1) by inserting after the subtitle heading the 

20 following: 

21 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

22 (2) in section 41402 (42 U.S.C. 14043e–1), in 

23 the matter preceding paragraph (1), by striking 

24 ‘‘subtitle’’ and inserting ‘‘chapter’’; 


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1 (3) in section 41403 (42 U.S.C. 14043e–2), in 

2 the matter preceding paragraph (1), by striking 

3 ‘‘subtitle’’ and inserting ‘‘chapter’’; and 

4 (4) by adding at the end the following: 

5 ‘‘CHAPTER 2—HOUSING RIGHTS 

6 ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO7 MESTIC VIOLENCE, DATING VIOLENCE, SEX8 UAL ASSAULT, AND STALKING. 

9 ‘‘(a) DEFINITIONS.—In this chapter: 

10 ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af11 filiated individual’ means, with respect to an indi12 vidual— 

13 ‘‘(A) a spouse, parent, brother, sister, or 

14 child of that individual, or an individual to 

15 whom that individual stands in loco parentis; or 

16 ‘‘(B) any individual, tenant, or lawful occu17 pant living in the household of that individual. 

18 ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro19 priate agency’ means, with respect to a covered 

20 housing program, the Executive department (as de21 fined in section 101 of title 5, United States Code) 

22 that carries out the covered housing program. 

23 ‘‘(3) COVERED HOUSING PROGRAM.—The term 

24 ‘covered housing program’ means— 


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1 ‘‘(A) the program under section 202 of the 

2 Housing Act of 1959 (12 U.S.C. 1701q); 

3 ‘‘(B) the program under section 811 of the 

4 Cranston-Gonzalez National Affordable Hous5 ing Act (42 U.S.C. 8013); 

6 ‘‘(C) the program under subtitle D of title 

7 VIII of the Cranston-Gonzalez National Afford8 able Housing Act (42 U.S.C. 12901 et seq.); 

9 ‘‘(D) the program under subtitle A of title 

10 IV of the McKinney-Vento Homeless Assistance 

11 Act (42 U.S.C. 11360 et seq.); 

12 ‘‘(E) the program under subtitle A of title 

13 II of the Cranston-Gonzalez National Afford14 able Housing Act (42 U.S.C. 12741 et seq.); 

15 ‘‘(F) the program under paragraph (3) of 

16 section 221(d) of the National Housing Act (12 

17 U.S.C. 1715l(d)) that bears interest at a rate 

18 determined under the proviso under paragraph 

19 (5) of such section 221(d); 

20 ‘‘(G) the program under section 236 of the 

21 National Housing Act (12 U.S.C. 1715z–1); 

22 ‘‘(H) the programs under sections 6 and 8 

23 of the United States Housing Act of 1937 (42 

24 U.S.C. 1437d and 1437f); 


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1 ‘‘(I) rural housing assistance provided 

2 under sections 514, 515, 516, 533, and 538 of 

3 the Housing Act of 1949 (42 U.S.C. 1484, 

4 1485, 1486, 1490m, and 1490p–2); and 

5 ‘‘(J) the low income housing tax credit 

6 program under section 42 of the Internal Rev7 enue Code of 1986. 

8 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI9 NATION OF ASSISTANCE OR EVICTION.— 

10 ‘‘(1) IN GENERAL.—An applicant for or tenant 

11 of housing assisted under a covered housing program 

12 may not be denied admission to, denied assistance 

13 under, terminated from participation in, or evicted 

14 from the housing on the basis that the applicant or 

15 tenant is or has been a victim of domestic violence, 

16 dating violence, sexual assault, or stalking, if the ap17 plicant or tenant otherwise qualifies for admission, 

18 assistance, participation, or occupancy. 

19 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in20 cident of actual or threatened domestic violence, dat21 ing violence, sexual assault, or stalking shall not be 

22 construed as— 

23 ‘‘(A) a serious or repeated violation of a 

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1 ing program by the victim or threatened victim 

2 of such incident; or 

3 ‘‘(B) good cause for terminating the assist4 ance, tenancy, or occupancy rights to housing 

5 assisted under a covered housing program of 

6 the victim or threatened victim of such incident. 

7 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

8 ACTIVITY.— 

9 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

10 AND OCCUPANCY RIGHTS PROHIBITED.—No 

11 person may deny assistance, tenancy, or occu12 pancy rights to housing assisted under a cov13 ered housing program to a tenant solely on the 

14 basis of criminal activity directly relating to do15 mestic violence, dating violence, sexual assault, 

16 or stalking that is engaged in by a member of 

17 the household of the tenant or any guest or 

18 other person under the control of the tenant, if 

19 the tenant or an affiliated individual of the ten20 ant is the victim or threatened victim of such 

21 domestic violence, dating violence, sexual as22 sault, or stalking. 

23 ‘‘(B) BIFURCATION.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 subparagraph (A), a public housing agency 


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1 or owner or manager of housing assisted 

2 under a covered housing program may bi3 furcate a lease for the housing in order to 

4 evict, remove, or terminate assistance to 

5 any individual who is a tenant or lawful oc6 cupant of the housing and who engages in 

7 criminal activity directly relating to domes8 tic violence, dating violence, sexual assault, 

9 or stalking against an affiliated individual 

10 or other individual, without evicting, re11 moving, terminating assistance to, or oth12 erwise penalizing a victim of such criminal 

13 activity who is also a tenant or lawful oc14 cupant of the housing. 

15 ‘‘(ii) EFFECT OF EVICTION ON OTHER

16 TENANTS.—If public housing agency or 

17 owner or manager of housing assisted 

18 under a covered housing program evicts, 

19 removes, or terminates assistance to an in20 dividual under clause (i), and the indi21 vidual is the sole tenant eligible to receive 

22 assistance under a covered housing pro23 gram, the public housing agency or owner 

24 or manager of housing assisted under the 

25 covered housing program shall provide any 


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1 remaining tenant an opportunity to estab2 lish eligibility for the covered housing pro3 gram. If a tenant described in the pre4 ceding sentence cannot establish eligibility, 

5 the public housing agency or owner or 

6 manager of the housing shall provide the 

7 tenant a reasonable time, as determined by 

8 the appropriate agency, to find new hous9 ing or to establish eligibility for housing 

10 under another covered housing program. 

11 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

12 in subparagraph (A) shall be construed— 

13 ‘‘(i) to limit the authority of a public 

14 housing agency or owner or manager of 

15 housing assisted under a covered housing 

16 program, when notified of a court order, to 

17 comply with a court order with respect 

18 to— 

19 ‘‘(I) the rights of access to or 

20 control of property, including civil 

21 protection orders issued to protect a 

22 victim of domestic violence, dating vio23 lence, sexual assault, or stalking; or 


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1 ‘‘(II) the distribution or posses2 sion of property among members of a 

3 household in a case; 

4 ‘‘(ii) to limit any otherwise available 

5 authority of a public housing agency or 

6 owner or manager of housing assisted 

7 under a covered housing program to evict 

8 or terminate assistance to a tenant for any 

9 violation of a lease not premised on the act 

10 of violence in question against the tenant 

11 or an affiliated person of the tenant, if the 

12 public housing agency or owner or man13 ager does not subject an individual who is 

14 or has been a victim of domestic violence, 

15 dating violence, or stalking to a more de16 manding standard than other tenants in 

17 determining whether to evict or terminate; 

18 ‘‘(iii) to limit the authority to termi19 nate assistance to a tenant or evict a ten20 ant from housing assisted under a covered 

21 housing program if a public housing agen22 cy or owner or manager of the housing can 

23 demonstrate that an actual and imminent 

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1 erty would be present if the assistance is 

2 not terminated or the tenant is not evicted; 

3 or 

4 ‘‘(iv) to supersede any provision of 

5 any Federal, State, or local law that pro6 vides greater protection than this section 

7 for victims of domestic violence, dating vio8 lence, sexual assault, or stalking. 

9 ‘‘(c) DOCUMENTATION.— 

10 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an 

11 applicant for, or tenant of, housing assisted under a 

12 covered housing program represents to a public 

13 housing agency or owner or manager of the housing 

14 that the individual is entitled to protection under 

15 subsection (b), the public housing agency or owner 

16 or manager may request, in writing, that the appli17 cant or tenant submit to the public housing agency 

18 or owner or manager a form of documentation de19 scribed in paragraph (3). 

20 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 

21 ‘‘(A) IN GENERAL.—If an applicant or ten22 ant does not provide the documentation re23 quested under paragraph (1) within 14 business 

24 days after the tenant receives a request in writ25 ing for such certification from a public housing 


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1 agency or owner or manager of housing assisted 

2 under a covered housing program, nothing in 

3 this chapter may be construed to limit the au4 thority of the public housing agency or owner or 

5 manager to— 

6 ‘‘(i) deny admission by the applicant 

7 or tenant to the covered program; 

8 ‘‘(ii) deny assistance under the cov9 ered program to the applicant or tenant; 

10 ‘‘(iii) terminate the participation of 

11 the applicant or tenant in the covered pro12 gram; or 

13 ‘‘(iv) evict the applicant, the tenant, 

14 or a lawful occupant that commits viola15 tions of a lease. 

16 ‘‘(B) EXTENSION.—A public housing agen17 cy or owner or manager of housing may extend 

18 the 14-day deadline under subparagraph (A) at 

19 its discretion. 

20 ‘‘(3) FORM OF DOCUMENTATION.—A form of 

21 documentation described in this paragraph is— 

22 ‘‘(A) a certification form approved by the 

23 appropriate agency that— 


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1 ‘‘(i) states that an applicant or tenant 

2 is a victim of domestic violence, dating vio3 lence, sexual assault, or stalking; 

4 ‘‘(ii) states that the incident of domes5 tic violence, dating violence, sexual assault, 

6 or stalking that is the ground for protec7 tion under subsection (b) meets the re8 quirements under subsection (b); and 

9 ‘‘(iii) includes the name of the indi10 vidual who committed the domestic vio11 lence, dating violence, sexual assault, or 

12 stalking, if the name is known and safe to 

13 provide; 

14 ‘‘(B) a document that— 

15 ‘‘(i) is signed by— 

16 ‘‘(I) an employee, agent, or vol17 unteer of a victim service provider, an 

18 attorney, a medical professional, or a 

19 mental health professional from whom 

20 an applicant or tenant has sought as21 sistance relating to domestic violence, 

22 dating violence, sexual assault, or 

23 stalking, or the effects of the abuse; 

24 and 

25 ‘‘(II) the applicant or tenant; and 


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1 ‘‘(ii) states under penalty of perjury 

2 that the individual described in clause 

3 (i)(I) believes that the incident of domestic 

4 violence, dating violence, sexual assault, or 

5 stalking that is the ground for protection 

6 under subsection (b) meets the require7 ments under subsection (b); 

8 ‘‘(C) a record of a Federal, State, tribal, 

9 territorial, or local law enforcement agency, 

10 court, or administrative agency; or 

11 ‘‘(D) at the discretion of a public housing 

12 agency or owner or manager of housing assisted 

13 under a covered housing program, a statement 

14 or other evidence provided by an applicant or 

15 tenant. 

16 ‘‘(4) CONFIDENTIALITY.—Any information sub17 mitted to a public housing agency or owner or man18 ager under this subsection, including the fact that 

19 an individual is a victim of domestic violence, dating 

20 violence, sexual assault, or stalking shall be main21 tained in confidence by the public housing agency or 

22 owner or manager and may not be entered into any 

23 shared database or disclosed to any other entity or 

24 individual, except to the extent that the disclosure 

25 is— 


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1 ‘‘(A) requested or consented to by the indi2 vidual in writing; 

3 ‘‘(B) required for use in an eviction pro4 ceeding under subsection (b); or 

5 ‘‘(C) otherwise required by applicable law. 

6 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth7 ing in this subsection shall be construed to require 

8 a public housing agency or owner or manager of 

9 housing assisted under a covered housing program 

10 to request that an individual submit documentation 

11 of the status of the individual as a victim of domes12 tic violence, dating violence, sexual assault, or stalk13 ing. 

14 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON15 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com16 pliance with subsection (b) by a public housing agen17 cy or owner or manager of housing assisted under 

18 a covered housing program based on documentation 

19 received under this subsection, shall not be sufficient 

20 to constitute evidence of an unreasonable act or 

21 omission by the public housing agency or owner or 

22 manager or an employee or agent of the public hous23 ing agency or owner or manager. Nothing in this 

24 paragraph shall be construed to limit the liability of 

25 a public housing agency or owner or manager of 


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1 housing assisted under a covered housing program 

2 for failure to comply with subsection (b). 

3 ‘‘(7) RESPONSE TO CONFLICTING CERTIFI4 CATION.—If a public housing agency or owner or 

5 manager of housing assisted under a covered hous6 ing program receives documentation under this sub7 section that contains conflicting information, the 

8 public housing agency or owner or manager may re9 quire an applicant or tenant to submit third-party 

10 documentation, as described in subparagraph (B), 

11 (C), or (D) of paragraph (3). 

12 ‘‘(8) PREEMPTION.—Nothing in this subsection 

13 shall be construed to supersede any provision of any 

14 Federal, State, or local law that provides greater 

15 protection than this subsection for victims of domes16 tic violence, dating violence, sexual assault, or stalk17 ing. 

18 ‘‘(d) NOTIFICATION.— 

19 ‘‘(1) DEVELOPMENT.—The Secretary of Hous20 ing and Urban Development shall develop a notice of 

21 the rights of individuals under this section, including 

22 the right to confidentiality and the limits thereof. 

23 ‘‘(2) PROVISION.—Each public housing agency 

24 or owner or manager of housing assisted under a 

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1 veloped under paragraph (1), together with the form 

2 described in subsection (c)(3)(A), to an applicant for 

3 or tenants of housing assisted under a covered hous4 ing program— 

5 ‘‘(A) at the time the applicant is denied 

6 residency in a dwelling unit assisted under the 

7 covered housing program; 

8 ‘‘(B) at the time the individual is admitted 

9 to a dwelling unit assisted under the covered 

10 housing program; 

11 ‘‘(C) with any notification of eviction or 

12 notification of termination of assistance; and 

13 ‘‘(D) in multiple languages, consistent with 

14 guidance issued by the Secretary of Housing 

15 and Urban Development in accordance with Ex16 ecutive Order 13166 (42 U.S.C. 2000d–1 note; 

17 relating to access to services for persons with 

18 limited English proficiency). 

19 ‘‘(e) EMERGENCY TRANSFERS.—Each appropriate 

20 agency shall adopt a model emergency transfer plan for 

21 use by public housing agencies and owners or managers 

22 of housing assisted under covered housing programs 

23 that— 

24 ‘‘(1) allows tenants who are victims of domestic 

25 violence, dating violence, sexual assault, or stalking 


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1 to transfer to another available and safe dwelling 

2 unit assisted under a covered housing program if— 

3 ‘‘(A) the tenant expressly requests the 

4 transfer; and 

5 ‘‘(B)(i) the tenant reasonably believes that 

6 the tenant is threatened with imminent harm 

7 from further violence if the tenant remains 

8 within the same dwelling unit assisted under a 

9 covered housing program; or 

10 ‘‘(ii) in the case of a tenant who is a victim 

11 of sexual assault, the sexual assault occurred on 

12 the premises during the 90 day period pre13 ceding the request for transfer; and 

14 ‘‘(2) incorporates reasonable confidentiality 

15 measures to ensure that the public housing agency 

16 or owner or manager does not disclose the location 

17 of the dwelling unit of a tenant to a person that 

18 commits an act of domestic violence, dating violence, 

19 sexual assault, or stalking against the tenant. 

20 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

21 TRANSFER.—The Secretary of Housing and Urban Devel22 opment shall establish policies and procedures under 

23 which a victim requesting an emergency transfer under 

24 subsection (e) may receive, subject to the availability of 

25 tenant protection vouchers, assistance under section 8(o) 


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1 of the United States Housing Act of 1937 (42 U.S.C. 

2 1437f(o)). 

3 ‘‘(g) IMPLEMENTATION.—The appropriate agency 

4 with respect to each covered housing program shall imple5 ment this section, as this section applies to the covered 

6 housing program.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) SECTION 6.—Section 6 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437d) is amend10 ed— 

11 (A) in subsection (c)— 

12 (i) by striking paragraph (3); and 

13 (ii) by redesignating paragraphs (4) 

14 and (5) as paragraphs (3) and (4), respec15 tively; 

16 (B) in subsection (l)— 

17 (i) in paragraph (5), by striking ‘‘, 

18 and that an incident or incidents of actual 

19 or threatened domestic violence, dating vio20 lence, or stalking will not be construed as 

21 a serious or repeated violation of the lease 

22 by the victim or threatened victim of that 

23 violence and will not be good cause for ter24 minating the tenancy or occupancy rights 

25 of the victim of such violence’’; and 


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1 (ii) in paragraph (6), by striking ‘‘; 

2 except that’’ and all that follows through 

3 ‘‘stalking.’’; and 

4 (C) by striking subsection (u). 

5 (2) SECTION 8.—Section 8 of the United States 

6 Housing Act of 1937 (42 U.S.C. 1437f) is amend7 ed— 

8 (A) in subsection (c), by striking para9 graph (9); 

10 (B) in subsection (d)(1)— 

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

12 ‘‘and that an applicant or participant is or 

13 has been a victim of domestic violence, dat14 ing violence, or stalking is not an appro15 priate basis for denial of program assist16 ance or for denial of admission if the appli17 cant otherwise qualifies for assistance or 

18 admission’’; and 

19 (ii) in subparagraph (B)— 

20 (I) in clause (ii), by striking ‘‘, 

21 and that an incident or incidents of 

22 actual or threatened domestic vio23 lence, dating violence, or stalking will 

24 not be construed as a serious or re25 peated violation of the lease by the 


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1 victim or threatened victim of that vi2 olence and will not be good cause for 

3 terminating the tenancy or occupancy 

4 rights of the victim of such violence’’; 

5 and 

6 (II) in clause (iii), by striking ‘‘, 

7 except that:’’ and all that follows 

8 through ‘‘stalking.’’; 

9 (C) in subsection (f)— 

10 (i) in paragraph (6), by adding ‘‘and’’ 

11 at the end; 

12 (ii) in paragraph (7), by striking the 

13 semicolon at the end and inserting a pe14 riod; and 

15 (iii) by striking paragraphs (8), (9), 

16 (10), and (11); 

17 (D) in subsection (o)— 

18 (i) in paragraph (6)(B), by striking 

19 the last sentence; 

20 (ii) in paragraph (7)— 

21 (I) in subparagraph (C), by strik22 ing ‘‘and that an incident or incidents 

23 of actual or threatened domestic vio24 lence, dating violence, or stalking shall 

25 not be construed as a serious or reVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 peated violation of the lease by the 

2 victim or threatened victim of that vi3 olence and shall not be good cause for 

4 terminating the tenancy or occupancy 

5 rights of the victim of such violence’’; 

6 and 

7 (II) in subparagraph (D), by 

8 striking ‘‘; except that’’ and all that 

9 follows through ‘‘stalking.’’; and 

10 (iii) by striking paragraph (20); and 

11 (E) by striking subsection (ee). 

12 (3) RULE OF CONSTRUCTION.—Nothing in this 

13 Act, or the amendments made by this Act, shall be 

14 construed— 

15 (A) to limit the rights or remedies avail16 able to any person under section 6 or 8 of the 

17 United States Housing Act of 1937 (42 U.S.C. 

18 1437d and 1437f), as in effect on the day be19 fore the date of enactment of this Act; 

20 (B) to limit any right, remedy, or proce21 dure otherwise available under any provision of 

22 part 5, 91, 880, 882, 883, 884, 886, 891, 903, 

23 960, 966, 982, or 983 of title 24, Code of Fed24 eral Regulations, that— 


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1 (i) was issued under the Violence 

2 Against Women and Department of Jus3 tice Reauthorization Act of 2005 (Public 

4 Law 109–162; 119 Stat. 2960) or an 

5 amendment made by that Act; and 

6 (ii) provides greater protection for vic7 tims of domestic violence, dating violence, 

8 sexual assault, and stalking than this Act; 

9 or 

10 (C) to disqualify an owner, manager, or 

11 other individual from participating in or receiv12 ing the benefits of the low income housing tax 

13 credit program under section 42 of the Internal 

14 Revenue Code of 1986 because of noncompli15 ance with the provisions of this Act. 

16 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

17 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT18 ING VIOLENCE, SEXUAL ASSAULT, AND 

19 STALKING. 

20 Chapter 11 of the Violence Against Women Act of 

21 1994 (42 U.S.C. 13975 et seq.) is amended— 

22 (1) in the chapter heading, by striking 

23 ‘‘CHILD VICTIMS OF DOMESTIC VIO24 LENCE, STALKING, OR SEXUAL AS25 SAULT’’ and inserting ‘‘VICTIMS OF DOVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 MESTIC VIOLENCE, DATING VIO2 LENCE, SEXUAL ASSAULT, OR STALK3 ING’’; and 

4 (2) in section 40299 (42 U.S.C. 13975)— 

5 (A) in the header, by striking ‘‘CHILD

6 VICTIMS OF DOMESTIC VIOLENCE, STALK7 ING, OR SEXUAL ASSAULT’’ and inserting 

8 ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT9 ING VIOLENCE, SEXUAL ASSAULT, OR

10 STALKING’’; 

11 (B) in subsection (a)(1), by striking ‘‘flee12 ing’’; and 

13 (C) in subsection (g)— 

14 (i) in paragraph (1), by striking 

15 ‘‘$40,000,000 for each of fiscal years 2007 

16 through 2011’’ and inserting ‘‘$35,000,000 

17 for each of fiscal years 2012 through 

18 2016’’; and 

19 (ii) in paragraph (3)— 

20 (I) in subparagraph (A), by strik21 ing ‘‘eligible’’ and inserting ‘‘quali22 fied’’; and 

23 (II) by adding at the end the fol24 lowing: 


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1 ‘‘(D) QUALIFIED APPLICATION DE2 FINED.—In this paragraph, the term ‘qualified 

3 application’ means an application that— 

4 ‘‘(i) has been submitted by an eligible 

5 applicant; 

6 ‘‘(ii) does not propose any significant 

7 activities that may compromise victim safe8 ty; 

9 ‘‘(iii) reflects an understanding of the 

10 dynamics of domestic violence, dating vio11 lence, sexual assault, or stalking; and 

12 ‘‘(iv) does not propose prohibited ac13 tivities, including mandatory services for 

14 victims, background checks of victims, or 

15 clinical evaluations to determine eligibility 

16 for services.’’. 

17 SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

18 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

19 SEXUAL ASSAULT, AND STALKING. 

20 Subtitle N of the Violence Against Women Act of 

21 1994 (42 U.S.C. 14043e et seq.) is amended— 

22 (1) in section 41404(i) (42 U.S.C. 14043e– 

23 3(i)), by striking ‘‘$10,000,000 for each of fiscal 

24 years 2007 through 2011’’ and inserting 


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1 ‘‘$4,000,000 for each of fiscal years 2012 through 

2 2016’’; and 

3 (2) in section 41405(g) (42 U.S.C. 14043e– 

4 4(g)), by striking ‘‘$10,000,000 for each of fiscal 

5 years 2007 through 2011’’ and inserting 

6 ‘‘$4,000,000 for each of fiscal years 2012 through 

7 2016’’. 

8 TITLE VII—ECONOMIC SECURITY 

9 FOR VICTIMS OF VIOLENCE 

10 SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 

11 RESPONSES TO ASSIST VICTIMS OF DOMES12 TIC AND SEXUAL VIOLENCE. 

13 Section 41501(e) of the Violence Against Women Act 

14 of 1994 (42 U.S.C. 14043f(e)) is amended by striking 

15 ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal 

16 years 2012 through 2016’’. 

17 TITLE VIII—IMMIGRATION 

18 PROVISIONS 

19 SEC. 801. APPLICATION OF SPECIAL RULE FOR BATTERED 

20 SPOUSE OR CHILD. 

21 Section 240A(b)(2) of the Immigration and Nation22 ality Act (8 U.S.C. 1229b) is amended by striking sub23 paragraph (D) and inserting the following: 

24 ‘‘(D) CREDIBLE EVIDENCE CONSID25 ERED.—In adjudicating applications under this 


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1 paragraph, the Secretary of Homeland Security 

2 shall consider any credible evidence relevant to 

3 the application, including credible evidence sub4 mitted by a national of the United States or an 

5 alien lawfully admitted for permanent residence 

6 accused of the conduct described in subpara7 graph (A)(i). The determination of what evi8 dence is credible and the weight to be given 

9 that evidence shall be within the sole discretion 

10 of the Secretary of Homeland Security. 

11 ‘‘(E) FRAUD DETECTION EFFORTS.— 

12 ‘‘(i) IN GENERAL.—Upon filing of an 

13 application under this paragraph, the Di14 rector of United States Citizenship and 

15 Immigration Services shall— 

16 ‘‘(I) review such an application 

17 for completeness and clear indicators 

18 of fraud or misrepresentation of mate19 rial fact; 

20 ‘‘(II) conduct an in-person inter21 view of the alien who filed the applica22 tion; and 

23 ‘‘(III) facilitate cooperation be24 tween the service center that adju25 dicates all applications under this 


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1 paragraph and the local service cen2 ters that have the resources to inves3 tigate and interview the applicant to 

4 review any evidence that may pertain 

5 to the application. 

6 ‘‘(ii) GUIDELINES.—The Director may 

7 issue guidelines for alternatives to the in8 person interview so long as the guidelines 

9 do not jeopardize national security and in10 clude measures to detect fraud and abuse. 

11 ‘‘(iii) EVIDENCE.—The Director may 

12 gather other evidence and interview other 

13 witnesses, including the accused United 

14 States citizen or legal permanent resident, 

15 if such individual consents to be inter16 viewed. 

17 ‘‘(F) PRIORITY OF ONGOING IMMIGRATION

18 AND LAW ENFORCEMENT INVESTIGATIONS OR

19 PROSECUTIONS.— 

20 ‘‘(i) DETERMINATION.—During the 

21 adjudication of an application under this 

22 paragraph, the Director shall determine 

23 whether any Federal, State, territorial, 

24 tribal, or local law enforcement agency has 


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1 undertaken an investigation or prosecution 

2 of the petitioning alien for— 

3 ‘‘(I) conduct relating to the bat4 tering or abuse alleged by the peti5 tioning alien under this paragraph; 

6 ‘‘(II) a violation of any immigra7 tion law; or 

8 ‘‘(III) a violation of any other 

9 criminal law. 

10 ‘‘(ii) USE OF INFORMATION.—If such 

11 an investigation or prosecution was com12 menced, the investigative officer of United 

13 States Citizenship and Immigration Serv14 ices shall— 

15 ‘‘(I) obtain as much information 

16 as possible about the investigation or 

17 prosecution; and 

18 ‘‘(II) consider that information 

19 as part of the adjudication of the ap20 plication. 

21 ‘‘(iii) PENDING INVESTIGATION.—If 

22 such an investigation or prosecution is 

23 pending, the adjudication of the applica24 tion shall be stayed pending the conclusion 

25 of the investigation or prosecution. If no 


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1 investigation has been undertaken or if a 

2 prosecutor’s office has not commenced a 

3 prosecution after the matter was referred 

4 to it, that fact shall be considered by the 

5 investigative officer as part of the adju6 dication of the application. 

7 ‘‘(iv) EFFECT OF DETERMINATION TO

8 REMOVE OR INDICT.—If such an investiga9 tion determines that the alien is removable, 

10 or if the alien is indicted, the application 

11 under this paragraph shall be denied. 

12 ‘‘(v) EFFECT OF NOT GUILTY DETER13 MINATION.—If an investigation has been 

14 undertaken and a determination was made 

15 that a prosecution was not warranted or if 

16 a criminal proceeding finds the United 

17 States citizen or legal permanent resident 

18 not guilty of the charges, such determina19 tion shall be binding and the application 

20 under this paragraph shall be denied. 

21 ‘‘(G) EFFECT OF MATERIAL MISREPRE22 SENTATION.—If an alien makes a material mis23 representation during the application process 

24 under this paragraph, the Secretary of Home25 land Security shall— 


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1 ‘‘(i) deny the application and remove 

2 the alien on an expedited basis; and 

3 ‘‘(ii) make the alien ineligible for any 

4 taxpayer funded benefits or immigration 

5 benefits.’’. 

6 SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLI7 CABLE TO U VISAS. 

8 Section 214(p)(1) of the Immigration and Nationality 

9 Act (8 U.S.C. 1184(p)(1)) is amended as follows: 

10 (1) By striking ‘‘The petition’’ and inserting 

11 the following: 

12 ‘‘(A) IN GENERAL.—The petition’’. 

13 (2) By adding at the end the following: 

14 ‘‘(B) CERTIFICATION REQUIREMENTS.— 

15 Each certification submitted under subpara16 graph (A) shall confirm under penalty of per17 jury that— 

18 ‘‘(i) the petitioner reported the crimi19 nal activity to a law enforcement agency 

20 within 120 days of its occurrence; 

21 ‘‘(ii) the statute of limitations for 

22 prosecuting an offense based on the crimi23 nal activity has not lapsed; 


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1 ‘‘(iii) the criminal activity is actively 

2 under investigation or a prosecution has 

3 been commenced; and 

4 ‘‘(iv) the petitioner has provided to a 

5 law enforcement agency information that 

6 will assist in identifying the perpetrator of 

7 the criminal activity, or the perpetrator’s 

8 identity is known. 

9 ‘‘(C) REQUIREMENT FOR CERTIFI10 CATION.—No application for a visa under sec11 tion 101(a)(15)(U) may be granted unless ac12 companied by the certification as described in 

13 this paragraph.’’. 

14 SEC. 803. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

15 CITIZEN. 

16 (a) IN GENERAL.—Section 214 of the Immigration 

17 and Naturalization Act (8 U.S.C. 1184) is amended— 

18 (1) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘crime.’’ 

20 and inserting ‘‘crime described in paragraph 

21 (3)(B) and information on any permanent pro22 tection or restraining order issued against the 

23 petitioner related to any specified crime de24 scribed in paragraph (3)(B)(i).’’; and 


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1 (B) in paragraph (3)(B)(i), by striking 

2 ‘‘abuse, and stalking.’’ And inserting ‘‘abuse, 

3 stalking, or an attempt to commit any such 

4 crime.’’; and 

5 (2) in subsection (r)— 

6 (A) in paragraph (1), by striking ‘‘crime.’’ 

7 and inserting ‘‘crime described in paragraph 

8 (5)(B) and information on any permanent pro9 tection or restraining order issued against the 

10 petitioner related to any specified crime de11 scribed in subsection (5)(B)(i).’’; and 

12 (B) in paragraph (5)(B)(i), by striking 

13 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

14 stalking, or an attempt to commit any such 

15 crime.’’. 

16 (b) PROVISION OF INFORMATION TO K NON-IMMI17 GRANTS.—Section 883 of the International Marriage 

18 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 

19 amended in subsection (b)(1)(A), by striking ‘‘or’’ after 

20 ‘‘orders’’ and inserting ‘‘and’’. 

21 SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE 

22 BROKERS. 

23 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR24 RIAGE BROKER ACT OF 2005.—Not later than 90 days 

25 after the date of the enactment of this Act, the Attorney 


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1 General shall submit to Congress a report that includes 

2 the name of the component of the Department of Justice 

3 responsible for prosecuting violations of the International 

4 Marriage Broker Act of 2005 (subtitle D of Public Law 

5 109-162; 119 Stat. 3066) and the amendments made by 

6 this title. 

7 (b) REGULATION OF INTERNATIONAL MARRIAGE

8 BROKERS.—Section 833(d) of the International Marriage 

9 Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 

10 amended as follows: 

11 (1) By amending paragraph (1) to read as fol12 lows: 

13 ‘‘(1) PROHIBITION ON MARKETING OF OR TO

14 CHILDREN.— 

15 ‘‘(A) IN GENERAL.—An international mar16 riage broker shall not provide any individual or 

17 entity with personal contact information, photo18 graph, or general information about the back19 ground or interests of any individual under the 

20 age of 18. 

21 ‘‘(B) COMPLIANCE.—To comply with the 

22 requirements of subparagraph (A), an inter23 national marriage broker shall— 

24 ‘‘(i) obtain a valid copy of each for25 eign national client’s birth certificate or 


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1 other proof of age document issued by an 

2 appropriate government entity; 

3 ‘‘(ii) indicate on such certificate or 

4 document the date it was received by the 

5 international marriage broker; 

6 ‘‘(iii) retain the original of such cer7 tificate or document for 5 years after such 

8 date of receipt; and 

9 ‘‘(iv) produce such certificate or docu10 ment upon request to an appropriate au11 thority charged with the enforcement of 

12 this paragraph.’’. 

13 (2) In paragraph (2)(B)(ii), by striking ‘‘or 

14 stalking.’’ and inserting ‘‘stalking, or an attempt to 

15 commit any such crime.’’. 

16 (3) In paragraph (5)(B)— 

17 (A) by striking ‘‘In circumstances’’ and in18 serting the following: 

19 ‘‘(i) IN GENERAL.—In cir20 cumstances’’; and 

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

22 ‘‘(ii) FRAUDULENT FAILURES OF

23 UNITED STATES CLIENTS TO MAKE RE24 QUIRED SELF-DISCLOSURES.—A person 

25 who knowingly and with intent to defraud 


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1 another person outside the United States 

2 in order to recruit, solicit, entice, or induce 

3 that other person into entering a dating or 

4 matrimonial relationship, makes false or 

5 fraudulent representations regarding the 

6 disclosures described in clause (i), (ii), (iii), 

7 or (iv) of subsection (d)(2)(B), including 

8 by failing to make any such disclosures, 

9 shall be fined in accordance with title 18, 

10 United States Code, imprisoned for not 

11 more than 1 year, or both.’’. 

12 SEC. 805. GAO REPORT. 

13 (a) REQUIREMENT FOR REPORT.—Not later than 1 

14 year after the date of the enactment of this Act, the Comp15 troller General of the United States shall submit to the 

16 Committee on the Judiciary of the Senate and the Com17 mittee on the Judiciary of the House of Representatives 

18 a report regarding the adjudication of petitions and appli19 cations under section 101(a)(15)(U) of the Immigration 

20 and Nationality Act (8 U.S.C. 1101(a)(15)(U)) and the 

21 self-petitioning process for VAWA self-petitioners (as that 

22 term is defined in section 101(a)(51) of the Immigration 

23 and Nationality Act (8 U.S.C. 1101(a)(51)). 

24 (b) CONTENTS.—The report required by subsection 

25 (a) shall— 


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1 (1) assess the efficiency and reliability of the 

2 process for reviewing such petitions and applications, 

3 including whether the process includes adequate 

4 safeguards against fraud and abuse; and 

5 (2) identify possible improvements to the adju6 dications of petitions and applications in order to re7 duce fraud and abuse. 

8 SEC. 806. DISCLOSURE OF INFORMATION FOR NATIONAL 

9 SECURITY PURPOSES. 

10 (a) INFORMATION SHARING.—Section 384(b) of the 

11 Illegal Immigration Reform and Immigrant Responsibility 

12 Act of 1996 (8 U.S.C. 1367(b)) is amended— 

13 (1) in paragraph (1)— 

14 (A) by inserting ‘‘Secretary of Homeland 

15 Security or the’’ before ‘‘Attorney General 

16 may’’; and 

17 (B) by inserting ‘‘Secretary’s or the’’ be18 fore ‘‘Attorney General’s discretion’’; 

19 (2) in paragraph (2)— 

20 (A) by inserting ‘‘Secretary of Homeland 

21 Security or the’’ before ‘‘Attorney General 

22 may’’; 

23 (B) by inserting ‘‘Secretary or the’’ before 

24 ‘‘Attorney General for’’; and 


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1 (C) by inserting ‘‘in a manner that pro2 tects the confidentiality of such information’’ 

3 after ‘‘law enforcement purpose’’; 

4 (3) in paragraph (5), by striking ‘‘Attorney 

5 General is’’ and inserting ‘‘Secretary of Homeland 

6 Security and the Attorney General are’’; and 

7 (4) by adding at the end a new paragraph as 

8 follows: 

9 ‘‘(8) Notwithstanding subsection (a)(2), the 

10 Secretary of Homeland Security, the Secretary of 

11 State, or the Attorney General may provide in the 

12 discretion of either such Secretary or the Attorney 

13 General for the disclosure of information to national 

14 security officials to be used solely for a national se15 curity purpose in a manner that protects the con16 fidentiality of such information.’’. 

17 (b) GUIDELINES.—Section 384(d) of the Illegal Im18 migration Reform and Immigrant Responsibility Act of 

19 1996 (8 U.S.C. 1367(d)) is amended by inserting ‘‘and 

20 severe forms of trafficking in persons or criminal activity 

21 listed in section 101(a)(15)(U) of the Immigration and 

22 Nationality Act (8 U.S.C. 1101(a)(15)(u))’’ after ‘‘domes23 tic violence’’. 

24 (c) IMPLEMENTATION.—Not later than 180 days 

25 after the date of enactment of this Act, the Attorney GenVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 eral and Secretary of Homeland Security shall provide the 

2 guidance required by section 384(d) of the Illegal Immi3 gration Reform and Immigrant Responsibility Act of 1996 

4 (8 U.S.C. 1367(d)), consistent with the amendments made 

5 by subsections (a) and (b). 

6 (d) CLERICAL AMENDMENT.—Section 384(a)(1) of 

7 the Illegal Immigration Reform and Immigrant Responsi8 bility Act of 1986 is amended by striking ‘‘241(a)(2)’’ in 

9 the matter following subparagraph (F) and inserting 

10 ‘‘237(a)(2)’’. 

11 TITLE IX—SAFETY FOR INDIAN 

12 WOMEN 

13 SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

14 Section 2015(a) of title I of the Omnibus Crime Con15 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

16 10(a)) is amended— 

17 (1) in paragraph (2), by inserting ‘‘sex traf18 ficking,’’ after ‘‘sexual assault,’’; 

19 (2) in paragraph (4), by inserting ‘‘sex traf20 ficking,’’ after ‘‘sexual assault,’’; 

21 (3) in paragraph (5), by striking ‘‘and stalking’’ 

22 and all that follows and inserting ‘‘sexual assault, 

23 sex trafficking, and stalking;’’; 

24 (4) in paragraph (7)— 


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1 (A) by inserting ‘‘sex trafficking,’’ after 

2 ‘‘sexual assault,’’ each place it appears; and 

3 (B) by striking ‘‘and’’ at the end; 

4 (5) in paragraph (8)— 

5 (A) by inserting ‘‘sex trafficking,’’ after 

6 ‘‘stalking,’’; and 

7 (B) by striking the period at the end and 

8 inserting a semicolon; and 

9 (6) by adding at the end the following: 

10 ‘‘(9) provide services to address the needs of 

11 youth who are victims of domestic violence, dating 

12 violence, sexual assault, sex trafficking, or stalking 

13 and the needs of children exposed to domestic vio14 lence, dating violence, sexual assault, or stalking, in15 cluding support for the nonabusing parent or the 

16 caretaker of the child; and 

17 ‘‘(10) develop and promote legislation and poli18 cies that enhance best practices for responding to 

19 violent crimes against Indian women, including the 

20 crimes of domestic violence, dating violence, sexual 

21 assault, sex trafficking, and stalking.’’. 

22 SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

23 Section 2001(d) of title I of the Omnibus Crime Con24 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 

25 is amended— 


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1 (1) in paragraph (1)— 

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

3 ‘‘and’’ at the end; 

4 (B) in subparagraph (C), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

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

7 ‘‘(D) developing and promoting State, 

8 local, or tribal legislation and policies that en9 hance best practices for responding to violent 

10 crimes against Indian women, including the 

11 crimes of domestic violence, dating violence, 

12 sexual assault, stalking, and sex trafficking.’’; 

13 and 

14 (2) in paragraph (2)(B), by striking ‘‘individ15 uals or’’. 

16 SEC. 903. CONSULTATION. 

17 Section 903 of the Violence Against Women and De18 partment of Justice Reauthorization Act of 2005 (42 

19 U.S.C. 14045d) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘and the Violence Against 

22 Women Act of 2000’’ and inserting ‘‘, the Vio23 lence Against Women Act of 2000’’; and 


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1 (B) by inserting ‘‘, and the Violence 

2 Against Women Reauthorization Act of 2011’’ 

3 before the period at the end; 

4 (2) in subsection (b)— 

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

6 by striking ‘‘Secretary of the Department of 

7 Health and Human Services’’ and inserting 

8 ‘‘Secretary of Health and Human Services, the 

9 Secretary of the Interior,’’; and 

10 (B) in paragraph (2), by striking ‘‘and 

11 stalking’’ and inserting ‘‘stalking, and sex traf12 ficking’’; and 

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

14 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

15 submit to Congress an annual report on the annual con16 sultations required under subsection (a) that— 

17 ‘‘(1) contains the recommendations made under 

18 subsection (b) by Indian tribes during the year cov19 ered by the report; 

20 ‘‘(2) describes actions taken during the year 

21 covered by the report to respond to recommenda22 tions made under subsection (b) during the year or 

23 a previous year; and 

24 ‘‘(3) describes how the Attorney General will 

25 work in coordination and collaboration with Indian 


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1 tribes, the Secretary of Health and Human Services, 

2 and the Secretary of the Interior to address the rec3 ommendations made under subsection (b). 

4 ‘‘(d) NOTICE.—Not later than 120 days before the 

5 date of a consultation under subsection (a), the Attorney 

6 General shall notify tribal leaders of the date, time, and 

7 location of the consultation.’’. 

8 SEC. 904. AMENDMENTS TO THE FEDERAL ASSAULT STAT9 UTE. 

10 (a) IN GENERAL.—Section 113 of title 18, United 

11 States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) Assault with intent to commit murder or 

16 a violation of section 2241 or 2242, by a fine under 

17 this title, imprisonment for not more than 20 years, 

18 or both.’’; 

19 (B) in paragraph (2), by striking ‘‘felony 

20 under chapter 109A’’ and inserting ‘‘violation 

21 of section 2241 or 2242’’; 

22 (C) in paragraph (3) by striking ‘‘and 

23 without just cause or excuse,’’; 

24 (D) in paragraph (4), by striking ‘‘six 

25 months’’ and inserting ‘‘1 year’’; 


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1 (E) in paragraph (5), by striking ‘‘1 year,’’ 

2 and inserting ‘‘5 years,’’; 

3 (F) in paragraph (7)— 

4 (i) by striking ‘‘substantial bodily in5 jury to an individual who has not attained 

6 the age of 16 years’’ and inserting ‘‘sub7 stantial bodily injury to a spouse or inti8 mate partner, a dating partner, or an indi9 vidual who has not attained the age of 16 

10 years’’; and 

11 (ii) by striking ‘‘fine’’ and inserting 

12 ‘‘a fine’’; and 

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

14 ‘‘(8) Assault of a spouse, intimate partner, or 

15 dating partner by strangling, suffocating, or at16 tempting to strangle or suffocate, by a fine under 

17 this title, imprisonment for not more than 10 years, 

18 or both.’’; and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘(b) As used in this sub21 section—’’ and inserting the following: 

22 ‘‘(b) DEFINITIONS.—In this section—’’; 

23 (B) in paragraph (1)(B), by striking 

24 ‘‘and’’ at the end; 


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1 (C) in paragraph (2), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

5 intimate partner’ have the meanings given those 

6 terms in section 2266; 

7 ‘‘(4) the term ‘strangling’ means knowingly or 

8 recklessly impeding the normal breathing or circula9 tion of the blood of a person by applying pressure 

10 to the throat or neck, regardless of whether that 

11 conduct results in any visible injury or whether there 

12 is any intent to kill or protractedly injure the victim; 

13 and 

14 ‘‘(5) the term ‘suffocating’ means knowingly or 

15 recklessly impeding the normal breathing of a person 

16 by covering the mouth of the person, the nose of the 

17 person, or both, regardless of whether that conduct 

18 results in any visible injury or whether there is any 

19 intent to kill or protractedly injure the victim.’’. 

20 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

21 18, United States Code, is amended by striking ‘‘assault 

22 with intent to commit murder, assault with a dangerous 

23 weapon, assault resulting in serious bodily injury (as de24 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

25 assault under section 113’’. 


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1 (c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 

2 of title 18, United States Code, is amended by inserting 

3 ‘‘or tribal’’ after ‘‘State’’. 

4 SEC. 905. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

5 INDIAN WOMEN. 

6 (a) IN GENERAL.—Section 904(a) of the Violence 

7 Against Women and Department of Justice Reauthoriza8 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend9 ed— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘The National’’ and insert12 ing ‘‘Not later than 2 years after the date of 

13 enactment of the Violence Against Women Re14 authorization Act of 2011, the National’’; and 

15 (B) by inserting ‘‘and in Native villages’’ 

16 (as defined in section 3 of the Alaska Native 

17 Claims Settlement Act (43 U.S.C. 1602))’’ be18 fore the period at the end; 

19 (2) in paragraph (2)(A)— 

20 (A) in clause (iv), by striking ‘‘and’’ at the 

21 end; 

22 (B) in clause (v), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

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

25 ‘‘(vi) sex trafficking.’’; 


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1 (3) in paragraph (4), by striking ‘‘this Act’’ and 

2 inserting ‘‘the Violence Against Women Reauthoriza3 tion Act of 2011’’; and 

4 (4) in paragraph (5), by striking ‘‘this section 

5 $1,000,000 for each of fiscal years 2007 and 2008’’ 

6 and inserting ‘‘this subsection $500,000 for each of 

7 fiscal years 2012 and 2013’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 905(b)(2) of the Violence Against Women and Depart10 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

11 534 note) is amended by striking ‘‘fiscal years 2007 

12 through 2011’’ and inserting ‘‘fiscal years 2012 through 

13 2016’’. 

14 SEC. 906. EFFECTIVE DATE. 

15 The amendments made by this title shall take effect 

16 on the date of enactment of this Act. 

17 SEC. 907. TRIBAL PROTECTION ORDERS. 

18 Section 2265(e) of title 18, United States Code, is 

19 amended— 

20 (1) in the subsection heading, by striking 

21 ‘‘COURT JURISDICTION’’ and inserting ‘‘PROTEC22 TION ORDERS’’; 

23 (2) by striking ‘‘For purposes of this section’’ 

24 and inserting the following: 


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1 ‘‘(1) TRIBAL COURT JURISDICTION.—For pur2 poses of this section and subject to paragraph (2)’’; 

3 and 

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

5 ‘‘(2) UNITED STATES COURT JURISDICTION.— 

6 ‘‘(A) IN GENERAL.—An Indian tribe may 

7 petition a district court of the United States in 

8 whose district the tribe is located for an appro9 priately tailored protection order excluding any 

10 person from areas within the Indian country of 

11 the tribe. 

12 ‘‘(B) REQUIRED SHOWING.—The court 

13 shall issue a protection order prohibiting the 

14 person identified in a petition under subpara15 graph (A) from entering all or part of the In16 dian country of the tribe upon a showing that— 

17 ‘‘(i) the person identified in the peti18 tion has assaulted an Indian spouse or in19 timate partner who resides or works in 

20 such Indian country, or an Indian child 

21 who resides with or is in the care or cus22 tody of such spouse or intimate partner; 

23 and 

24 ‘‘(ii) a protection order is reasonably 

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1 being of the spouse, intimate partner, or 

2 child described in clause (i). 

3 ‘‘(C) FACTORS TO CONSIDER.—In deter4 mining the areas from which the person identi5 fied in a protection order issued under subpara6 graph (B) shall be excluded, the court shall 

7 consider all appropriate factors, including the 

8 places of residence, work, or school of— 

9 ‘‘(i) the person identified in the pro10 tection order; and 

11 ‘‘(ii) the spouse, intimate partner, or 

12 child described in subparagraph (B)(i). 

13 ‘‘(D) PENALTY FOR WILLFUL VIOLA14 TION.—A person who willfully violates a protec15 tion order issued under subparagraph (B) shall 

16 be punished as provided in section 2261(b).’’. 

17 TITLE X—VIOLENT CRIME 

18 AGAINST WOMEN 

19 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

20 ABUSE. 

21 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

22 2243(b) of title 18, United States Code, is amended to 

23 read as follows: 

24 ‘‘(b) OF A WARD.— 


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1 ‘‘(1) OFFENSES.—It shall be unlawful for any 

2 person to knowingly engage, or knowingly attempt to 

3 engage, in a sexual act with another person who is— 

4 ‘‘(A) in official detention or supervised by, 

5 or otherwise under the control of, the United 

6 States— 

7 ‘‘(i) during arrest; 

8 ‘‘(ii) during pretrial release; 

9 ‘‘(iii) while in official detention or cus10 tody; or 

11 ‘‘(iv) while on probation, supervised 

12 release, or parole; 

13 ‘‘(B) under the professional custodial, su14 pervisory, or disciplinary control or authority of 

15 the person engaging or attempting to engage in 

16 the sexual act; and 

17 ‘‘(C) at the time of the sexual act— 

18 ‘‘(i) in the special maritime and terri19 torial jurisdiction of the United States; 

20 ‘‘(ii) in a Federal prison, or in any 

21 prison, institution, or facility in which per22 sons are held in custody by direction of, or 

23 pursuant to a contract or agreement with, 

24 the United States; or 


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1 ‘‘(iii) under supervision or other con2 trol by the United States, or by direction 

3 of, or pursuant to a contract or agreement 

4 with, the United States. 

5 ‘‘(2) PENALTIES.—A person that violates para6 graph (1) shall— 

7 ‘‘(A) be fined under this title, imprisoned 

8 for not more than 15 years, or both; and 

9 ‘‘(B) if, in the course of committing the 

10 violation of paragraph (1), the person engages 

11 in conduct that would constitute an offense 

12 under section 2241 or 2242 if committed in the 

13 special maritime and territorial jurisdiction of 

14 the United States, be subject to the penalties 

15 provided for under section 2241 or 2242, re16 spectively.’’. 

17 (b) PENALTIES FOR SEXUAL ABUSE.— 

18 (1) IN GENERAL.—Chapter 13 of title 18, 

19 United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘§ 250. Penalties for sexual abuse 

22 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

23 in the course of committing an offense under this chapter 

24 or under section 901 of the Fair Housing Act (42 U.S.C. 

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1 fense under chapter 109A if committed in the special mar2 itime and territorial jurisdiction of the United States. 

3 ‘‘(b) PENALTIES.—A person that violates subsection 

4 (a) shall be subject to the penalties under the provision 

5 of chapter 109A that would have been violated if the con6 duct was committed in the special maritime and territorial 

7 jurisdiction of the United States, unless a greater penalty 

8 is otherwise authorized by law.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of sections for chapter 13 of title 

11 18, United States Code, is amended by adding at 

12 the end the following: 

‘‘250. Penalties for sexual abuse.’’. 

13 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

14 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

15 Rights of Institutionalized Persons Act (42 U.S.C. 

16 1997e(e)) is amended by inserting before the period at the 

17 end the following: ‘‘or the commission of a sexual act (as 

18 defined in section 2246 of title 18, United States Code)’’. 

19 (b) UNITED STATES AS DEFENDANT.—Section 

20 1346(b)(2) of title 28, United States Code, is amended 

21 by inserting before the period at the end the following: 

22 ‘‘or the commission of a sexual act (as defined in section 

23 2246 of title 18)’’. 


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1 (c) ADOPTION AND EFFECT OF NATIONAL STAND2 ARDS.—Section 8 of the Prison Rape Elimination Act of 

3 2003 (42 U.S.C. 15607) is amended— 

4 (1) by redesignating subsection (c) as sub5 section (e); and 

6 (2) by inserting after subsection (b) the fol7 lowing: 

8 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP9 ERATED BY THE DEPARTMENT OF HOMELAND SECU10 RITY.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of the Violence Against 

13 Women Reauthorization Act of 2011, the Secretary 

14 of Homeland Security shall publish a final rule 

15 adopting national standards for the detection, pre16 vention, reduction, and punishment of rape and sex17 ual assault in facilities that maintain custody of 

18 aliens detained for a violation of the immigrations 

19 laws of the United States. 

20 ‘‘(2) APPLICABILITY.—The standards adopted 

21 under paragraph (1) shall apply to detention facili22 ties operated by the Department of Homeland Secu23 rity and to detention facilities operated under con24 tract with the Department. 


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1 ‘‘(3) COMPLIANCE.—The Secretary of Home2 land Security shall— 

3 ‘‘(A) assess compliance with the standards 

4 adopted under paragraph (1) on a regular 

5 basis; and 

6 ‘‘(B) include the results of the assessments 

7 in performance evaluations of facilities com8 pleted by the Department of Homeland Secu9 rity. 

10 ‘‘(4) CONSIDERATIONS.—In adopting standards 

11 under paragraph (1), the Secretary of Homeland Se12 curity shall give due consideration to the rec13 ommended national standards provided by the Com14 mission under section 7(e). 

15 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP16 ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN

17 SERVICES.— 

18 ‘‘(1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of the Violence Against 

20 Women Reauthorization Act of 2011, the Secretary 

21 of Health and Human Services shall publish a final 

22 rule adopting national standards for the detection, 

23 prevention, reduction, and punishment of rape and 

24 sexual assault in facilities that maintain custody of 

25 unaccompanied alien children (as defined in section 


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1 462(g) of the Homeland Security Act of 2002 (6 

2 U.S.C. 279(g))). 

3 ‘‘(2) APPLICABILITY.—The standards adopted 

4 under paragraph (1) shall apply to facilities operated 

5 by the Department of Health and Human Services 

6 and to facilities operated under contract with the 

7 Department. 

8 ‘‘(3) COMPLIANCE.—The Secretary of Health 

9 and Human Services shall— 

10 ‘‘(A) assess compliance with the standards 

11 adopted under paragraph (1) on a regular 

12 basis; and 

13 ‘‘(B) include the results of the assessments 

14 in performance evaluations of facilities com15 pleted by the Department of Health and 

16 Human Services. 

17 ‘‘(4) CONSIDERATIONS.—In adopting standards 

18 under paragraph (1), the Secretary of Health and 

19 Human Services shall give due consideration to the 

20 recommended national standards provided by the 

21 Commission under section 7(e).’’. 

22 SEC. 1003. REPORT ON COMPLIANCE WITH THE DNA FIN23 GERPRINT ACT OF 2005. 

24 (a) REPORT REQUIRED.—Not later than 180 days 

25 after date of the enactment of this Act, the Secretary of 


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1 Homeland Security shall prepare and submit to the Com2 mittee on the Judiciary of the Senate and the Committee 

3 on the Judiciary of the House of Representatives a report 

4 that— 

5 (1) describes, in detail, the measures and proce6 dures taken by the Secretary to comply with any 

7 regulation promulgated pursuant to section 3(e)(1) 

8 of the DNA Analysis Backlog Elimination Act of 

9 2000 (42 U.S.C. 14135a(e)(1)); and 

10 (2) provides a detailed explanation of the cir11 cumstances and specific cases, if available, in 

12 which— 

13 (A) the Secretary failed to comply with any 

14 regulation promulgated pursuant to such sec15 tion 3(e)(1); 

16 (B) the Secretary requested the Attorney 

17 General approve additional limitations to, or ex18 ceptions from, any regulation promulgated pur19 suant to such section 3(e)(1); or 

20 (C) the Secretary consulted with the Attor21 ney General to determine that the collection of 

22 DNA samples is not feasible because of oper23 ational exigencies or resource limitations. 


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1 SEC. 1004. REDUCING THE RAPE KIT BACKLOG. 

2 Section 2(c)(3) of the DNA Analysis Backlog Elimi3 nation Act of 2000 (42 U.S.C. 14135(c)(3)) is amended 

4 by adding at the end the following: 

5 ‘‘(C) For each of fiscal years 2012 through 

6 2014, not less than 75 percent of the total 

7 grant amounts shall be awarded for a combina8 tion of purposes under paragraphs (2) and (3) 

9 of subsection (a).’’. 

10 SEC. 1005. REPORT ON CAPACITY UTILIZATION. 

11 (a) REPORT REQUIRED.—Not later than 2 years 

12 after the date of the enactment of this Act, the Comp13 troller General of the United States shall prepare a study 

14 on the availability of services for victims of domestic vio15 lence, dating violence, sexual assault, and stalking. 

16 (b) CONTENT.—The report required by subsection 

17 (a) shall address the following: 

18 (1) The services or categories of services that 

19 are currently being offered or provided to victims of 

20 domestic violence, dating violence, sexual assault, 

21 and stalking. 

22 (2) The approximate number of victims receiv23 ing these services. 

24 (3) The approximate number of victims, and 

25 the percentage of the total population of victims, 

26 who request services but are not provided services. 


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1 (4) The reasons why victims are not provided 

2 services, including— 

3 (A) shelter or service organization lack of 

4 resources; 

5 (B) shelter or organization limitations not 

6 associated with funding; 

7 (C) geographical, logistical, or physical 

8 barriers; 

9 (D) characteristics of the perpetrator; and 

10 (E) characteristics or background of the 

11 victim. 

12 (5) For any refusal to provide services to a vic13 tim, the reasons for the denial of services, including 

14 victim characteristics or background, including— 

15 (A) employment history; 

16 (B) criminal history; 

17 (C) illegal or prescription drug use; 

18 (D) financial situation; 

19 (E) status of the victim as a parent; 

20 (F) personal hygiene; 

21 (G) current or past disease or illness; 

22 (H) religious association or belief; 

23 (I) physical characteristics of the victim or 

24 the provider facility 

25 (J) gender; 


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1 (K) race; 

2 (L) national origin or status as alien; 

3 (M) failure to follow shelter or organiza4 tion rules or procedures; 

5 (N) previous contact or experiences with 

6 the shelter or service organization; or 

7 (O) any other victim characteristic or 

8 background that is determined to be the cause 

9 of the denial of services. 

10 (6) The frequency or prevalence of denial of 

11 services from organizations who receive Federal 

12 funds. 

13 (7) The frequency or prevalence of denial of 

14 service from organizations who do not receive Fed15 eral funds. 

16 SEC. 1006. MANDATORY MINIMUM SENTENCE FOR AGGRA17 VATED SEXUAL ABUSE. 

18 Section 2241 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (a), in the undesignated mat21 ter following paragraph (2), by striking ‘‘any term 

22 of years or life’’ and inserting ‘‘not less than 10 

23 years or imprisoned for life’’; and 

24 (2) in subsection (b), in the undesignated mat25 ter following paragraph (2), by striking ‘‘any term 


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1 of years or life’’ and inserting ‘‘not less than 5 years 

2 or imprisoned for life’’. 

3 SEC. 1007. REMOVAL OF DRUNK DRIVERS. 

4 (a) IN GENERAL.—Section 101(a)(43)(F) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) 

6 is amended by striking ‘‘for which the term of imprison7 ment’’ and inserting ‘‘, including a third drunk driving 

8 conviction, regardless of the States in which the convic9 tions occurred or whether the offenses are classified as 

10 misdemeanors or felonies under State or Federal law, for 

11 which the term of imprisonment is’’. 

12 (b) EFFECTIVE DATE AND APPLICATION.— 

13 (1) EFFECTIVE DATE.—The amendment made 

14 by subsection (a) shall take effect on the date of the 

15 enactment of this Act. 

16 (2) APPLICATION.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the amendment made by 

19 subsection (a) shall apply to a conviction for 

20 drunk driving that occurred before, on, or after 

21 such date. 

22 (B) TWO OR MORE PRIOR CONVICTIONS.— 

23 An alien who has received two or more convic24 tions for drunk driving prior to the date of the 

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1 moval for the commission of an aggravated fel2 ony pursuant to section 101(a)(43)(F) of the 

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

4 1101(a)(43)(F)), as amended by subsection (a), 

5 on the basis of such convictions until the date 

6 that the alien is convicted of a drunk driving of7 fense after such date of enactment. 

8 SEC. 1008. ENHANCED PENALTIES FOR INTERSTATE DO9 MESTIC VIOLENCE RESULTING IN DEATH, 

10 LIFE-THREATENING BODILY INJURY, PERMA11 NENT DISFIGUREMENT, AND SERIOUS BOD12 ILY INJURY. 

13 Section 2261(b) of title 18, United States Code, is 

14 amended— 

15 (1) in paragraph (1), by inserting ‘‘not less 

16 than 15 years’’ after ‘‘any term of years’’; 

17 (2) in paragraph (2), by striking ‘‘20 years’’ 

18 and inserting ‘‘25 years’’; and 

19 (3) in paragraph (3), by striking ‘‘10 years’’ 

20 and inserting ‘‘15 years’’. 

21 SEC. 1009. FINDING FUGITIVE SEX OFFENDERS ACT. 

22 (a) IN GENERAL.—Section 3486(a)(1) of title 18, 

23 United States Code, is amended— 

24 (1) in subparagraph (A)— 


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1 (A) in clause (i)(II), by striking ‘‘or’’ at 

2 the end; 

3 (B) by redesignating clause (ii) as clause 

4 (iii); and 

5 (C) by inserting after clause (i) the fol6 lowing: 

7 ‘‘(ii) an unregistered sex offender con8 ducted by the United States Marshals 

9 Service, the Director of the United States 

10 Marshals Service; or’’; and 

11 (2) in subparagraph (D)— 

12 (A) by striking ‘‘paragraph, the term’’ and 

13 inserting the following: ‘‘paragraph— 

14 ‘‘(i) the term’’; 

15 (B) by striking the period at the end and 

16 inserting ‘‘; and’’; and 

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

18 ‘‘(ii) the term ‘sex offender’ means an 

19 individual required to register under the 

20 Sex Offender Registration and Notification 

21 Act (42 U.S.C. 16901 et seq.).’’. 

22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

23 Section 3486(a) of title 18, United States Code, is amend24 ed— 


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1 (1) in paragraph (6)(A), by striking ‘‘United 

2 State’’ and inserting ‘‘United States’’; 

3 (2) in paragraph (9), by striking ‘‘(1)(A)(ii)’’ 

4 and inserting ‘‘(1)(A)(iii)’’; and 

5 (3) in paragraph (10), by striking ‘‘paragraph 

6 (1)(A)(ii)’’ and inserting ‘‘paragraph (1)(A)(iii)’’. 

7 (c) SUBPOENA AUTHORITY.—Section 566(e)(1) of 

8 title 28, United States Code, is amended— 

9 (1) in subparagraph (A), by striking ‘‘and’’ at 

10 the end; 

11 (2) in subparagraph (B), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(C) issue administrative subpoenas in ac15 cordance with section 3486 of title 18, solely for 

16 the purpose of investigating unregistered sex of17 fenders (as defined in such section 3486).’’. 

18 SEC. 1010. MINIMUM PENALTIES FOR THE POSSESSION OF 

19 CHILD PORNOGRAPHY. 

20 (a) CERTAIN ACTIVITIES RELATING TO MATERIAL

21 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

22 Section 2252(b)(2) of title 18, United States Code, is 

23 amended by inserting after ‘‘but if’’ the following: ‘‘any 

24 visual depiction involved in the offense involved a pre25 pubescent minor or a minor who had not attained 12 years 


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1 of age, such person shall be fined under this title and im2 prisoned for not less than 1 year nor more than 20 years, 

3 or if’’. 

4 (b) CERTAIN ACTIVITIES RELATING TO MATERIAL

5 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

6 Section 2252A(b)(2) of title 18, United States Code, is 

7 amended by inserting after ‘‘but, if’’ the following: ‘‘any 

8 image of child pornography involved in the offense in9 volved a prepubescent minor or a minor who had not at10 tained 12 years of age, such person shall be fined under 

11 this title and imprisoned for not less than 1 year nor more 

12 than 20 years, or if’’. 

13 SEC. 1011. AUDIT OF OFFICE FOR VICTIMS OF CRIME. 

14 (a) AUDIT.—The Comptroller General of the United 

15 States shall conduct an objective and credible audit of the 

16 expenditure of funds by the Office for Victims of Crime 

17 (in this section referred to as the ‘‘Office’’) from the Crime 

18 Victims Fund established under section 1402 of the Vic19 tims of Crime Act of 1984 (42 U.S.C. 10601) (in this 

20 section referred to as the ‘‘Fund’’). 

21 (b) REPORT.—Not later than 9 months after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit to the Committee on the Judiciary of the Senate 

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1 resentatives a report regarding the audit conducted under 

2 subsection (a) that— 

3 (1) addresses whether the Office provides 

4 amounts from the Fund to individuals or entities 

5 that support individuals who are not victims of 

6 crime; 

7 (2) addresses whether the Office is authorized 

8 to provide amounts from the Fund to individuals or 

9 entities described in paragraph (1); 

10 (3) addresses whether the Office provides 

11 amounts from the Fund for legal services for victims 

12 of crime; and 

13 (4) if the Office no longer provides amounts 

14 from the Fund for the services described in para15 graph (3), contains an explanation for why the Of16 fice no longer provides amounts for such services. 

17 TITLE XI—THE SAFER ACT 

18 SEC. 1101. SHORT TITLE. 

19 This title may be cited as the ‘‘Sexual Assault Foren20 sic Evidence Registry Act of 2012’’ or the ‘‘SAFER Act 

21 of 2012’’. 

22 SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL 

23 ASSAULT EVIDENCE BACKLOGS. 

24 Section 2 of the DNA Analysis Backlog Elimination 

25 Act of 2000 (42 U.S.C. 14135) is amended— 


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1 (1) in subsection (a), by adding at the end the 

2 following new paragraph: 

3 ‘‘(6) To conduct an audit consistent with sub4 section (n) of the samples of sexual assault evidence 

5 that are in the possession of the State or unit of 

6 local government and are awaiting testing.’’; 

7 (2) in subsection (c), by adding at the end the 

8 following new paragraph: 

9 ‘‘(4) ALLOCATION OF GRANT AWARDS FOR AU10 DITS.—For each of fiscal years 2012 through 2016, 

11 not less than 7 percent of the grant amounts distrib12 uted under paragraph (1) shall be awarded for the 

13 purpose described in subsection (a)(6).’’; and 

14 (3) by adding at the end the following new sub15 section: 

16 ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL AS17 SAULT EVIDENCE BACKLOGS.— 

18 ‘‘(1) ELIGIBILITY.—The Attorney General may 

19 award a grant under this section to a State or unit 

20 of local government for the purpose described in 

21 subsection (a)(6) only if the State or unit of local 

22 government— 

23 ‘‘(A) submits a plan for performing the 

24 audit of samples described in such subsection; 

25 and 


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1 ‘‘(B) includes in such plan a good-faith es2 timate of the number of such samples. 

3 ‘‘(2) GRANT CONDITIONS.—A State or unit of 

4 local government receiving a grant for the purpose 

5 described in subsection (a)(6) shall— 

6 ‘‘(A) not later than 1 year after receiving 

7 such grant— 

8 ‘‘(i) complete the audit referred to in 

9 paragraph (1)(A) in accordance with the 

10 plan submitted under such paragraph; and 

11 ‘‘(ii) for each sample of sexual assault 

12 evidence identified in such audit, subject to 

13 paragraph (4), enter into the Sexual As14 sault Forensic Evidence Registry estab15 lished under subsection (o) the information 

16 listed in subsection (o)(2); 

17 ‘‘(B) not later than 21 days after receiving 

18 possession of a sample of sexual assault evi19 dence that was not in the possession of the 

20 State or unit of local government at the time of 

21 such audit, subject to paragraph (4), enter into 

22 the Sexual Assault Forensic Evidence Registry 

23 the information listed in subsection (o)(2) with 

24 respect to the sample; and 


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1 ‘‘(C) not later than 30 days after a change 

2 in the status referred to in subsection 

3 (o)(2)(A)(v) of a sample with respect to which 

4 the State or unit of local government has en5 tered information into such Registry, update 

6 such status. 

7 ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The 

8 Attorney General may grant an extension of the 

9 deadline under paragraph (2)(A) to a State or unit 

10 of local government that demonstrates that more 

11 time is required for compliance with such paragraph. 

12 ‘‘(4) SAMPLES EXEMPT FROM REGISTRY RE13 QUIREMENT.—A State or unit of local government is 

14 not required under paragraph (2) to enter into the 

15 Registry described in such paragraph information 

16 with respect to a sample of sexual assault evidence 

17 if— 

18 ‘‘(A) the sample is not considered criminal 

19 evidence (such as a sample collected anony20 mously from a victim who is unwilling to make 

21 a criminal complaint); or 

22 ‘‘(B) the sample relates to a sexual assault 

23 for which the prosecution of each perpetrator is 

24 barred by a statute of limitations. 

25 ‘‘(5) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) AWAITING TESTING.—The term 

2 ‘awaiting testing’ means, with respect to a sam3 ple of sexual assault evidence, that— 

4 ‘‘(i) the sample has been collected and 

5 is in the possession of a State or unit of 

6 local government; 

7 ‘‘(ii) DNA and other appropriate fo8 rensic analyses have not been performed on 

9 such sample; and 

10 ‘‘(iii) the sample is related to a crimi11 nal case or investigation in which final dis12 position has not yet been reached. 

13 ‘‘(B) FINAL DISPOSITION.—The term ‘final 

14 disposition’ means, with respect to a criminal 

15 case or investigation to which a sample of sex16 ual assault evidence relates— 

17 ‘‘(i) the conviction or acquittal of all 

18 suspected perpetrators of the crime in19 volved; 

20 ‘‘(ii) a determination by the State or 

21 unit of local government in possession of 

22 the sample that the case is unfounded; or 

23 ‘‘(iii) a declaration by the victim of 

24 the crime involved that the act constituting 

25 the basis of the crime was not committed. 


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1 ‘‘(C) POSSESSION.— 

2 ‘‘(i) IN GENERAL.—The term ‘posses3 sion’, used with respect to possession of a 

4 sample of sexual assault evidence by a 

5 State or unit of local government, includes 

6 possession by an individual who is acting 

7 as an agent of the State or unit of local 

8 government for the collection of the sam9 ple. 

10 ‘‘(ii) RULE OF CONSTRUCTION.— 

11 Nothing in clause (i) shall be construed to 

12 create or amend any Federal right or privi13 lege for a private laboratory described in 

14 regulations promulgated under section 

15 210303 of the DNA Identification Act of 

16 1994 (42 U.S.C. 14131).’’. 

17 SEC. 1103. SEXUAL ASSAULT FORENSIC EVIDENCE REG18 ISTRY. 

19 (a) IN GENERAL.—Section 2 of the DNA Analysis 

20 Backlog Elimination Act of 2000 (42 U.S.C. 14135), as 

21 amended by section 1102 of this title, is further amended 

22 by adding at the end the following new subsection: 

23 ‘‘(o) SEXUAL ASSAULT FORENSIC EVIDENCE REG24 ISTRY.— 


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1 ‘‘(1) IN GENERAL.—Subject to subsection (j), 

2 not later than 1 year after the date of enactment of 

3 the SAFER Act of 2012, the Attorney General shall 

4 establish a Sexual Assault Forensic Evidence Reg5 istry (in this subsection referred to as the ‘Registry’) 

6 that— 

7 ‘‘(A) allows States and units of local gov8 ernment to enter information into the Registry 

9 about samples of sexual assault evidence that 

10 are in the possession of such States or units of 

11 local government and are awaiting testing; and 

12 ‘‘(B) tracks the testing and processing of 

13 such samples. 

14 ‘‘(2) INFORMATION IN REGISTRY.— 

15 ‘‘(A) IN GENERAL.—A State or unit of 

16 local government that chooses to enter informa17 tion into the Registry about a sample of sexual 

18 assault evidence shall include the following in19 formation: 

20 ‘‘(i) The date of the sexual assault to 

21 which the sample relates. 

22 ‘‘(ii) The city, county, or other appro23 priate locality in which the sexual assault 

24 occurred. 


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1 ‘‘(iii) The date on which the sample 

2 was collected. 

3 ‘‘(iv) The date on which information 

4 relating to the sample was entered into the 

5 Registry. 

6 ‘‘(v) The status of the progression of 

7 the sample through testing and other 

8 stages of the evidentiary handling process, 

9 including the identity of the entity in pos10 session of the sample. 

11 ‘‘(vi) The date or dates after which 

12 the State or unit of local government 

13 would be barred by any applicable statutes 

14 of limitations from prosecuting a perpe15 trator of the sexual assault for the sexual 

16 assault. 

17 ‘‘(vii) Such other information as the 

18 Attorney General considers appropriate. 

19 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR20 MATION.—The Attorney General shall ensure 

21 that the Registry does not include personally 

22 identifiable information or details about a sex23 ual assault that might lead to the identification 

24 of the individuals involved, except for the infor25 mation listed in subparagraph (A). 


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1 ‘‘(3) SAMPLE IDENTIFICATION NUMBER.— 

2 ‘‘(A) IN GENERAL.—A State or unit of 

3 local government that chooses to enter informa4 tion about a sample of sexual assault evidence 

5 into the Registry shall assign to the sample a 

6 unique numeric or alphanumeric identifier. 

7 ‘‘(B) UNIQUE IDENTIFIER REQUIRED.—In 

8 assigning the identifier under subparagraph 

9 (A), a State or unit of local government may 

10 use a case-numbering system used for other 

11 purposes, but the Attorney General shall ensure 

12 that the identifier assigned to each sample is 

13 unique with respect to all samples entered by 

14 all States and units of local government. 

15 ‘‘(4) UPDATE OF INFORMATION.—A State or 

16 unit of local government that chooses to enter infor17 mation about a sample of sexual assault evidence 

18 into the Registry shall, not later than 30 days after 

19 a change in the status of the sample referred to in 

20 paragraph (2)(A)(v), update such status. 

21 ‘‘(5) INTERNET ACCESS.—The Attorney Gen22 eral shall make publicly available aggregate non-indi23 vidualized and non-personally identifying data gath24 ered from the Registry, to allow for comparison of 


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1 backlog data by States and units of local govern2 ment, on an appropriate Internet website. 

3 ‘‘(6) TECHNICAL ASSISTANCE.—The Attorney 

4 General shall— 

5 ‘‘(A) provide a means by which an entity 

6 that does not have access to the Internet may 

7 enter information into the Registry; and 

8 ‘‘(B) provide the technical assistance nec9 essary to allow States and units of local govern10 ment to participate in the Registry.’’. 

11 (b) FUNDING.—Section 2(j) of the DNA Analysis 

12 Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is 

13 amended— 

14 (1) by inserting ‘‘and for carrying out sub15 section (o)’’ after ‘‘for grants under subsection (a)’’; 

16 and 

17 (2) by adding at the end the following new sen18 tence: ‘‘For each of fiscal years 2012 through 2016, 

19 not less than 1 percent of the amount authorized to 

20 be appropriated under the previous sentence for such 

21 fiscal year shall be for carrying out subsection (o).’’ 

22 SEC. 1104. REPORTS TO CONGRESS. 

23 Not later than 90 days after the end of each fiscal 

24 year for which a grant is made for the purpose described 

25 in section 2(a)(6) of the DNA Analysis Backlog ElimiVerDate Mar 15 2010 02:02 Apr 25, 2012 Jkt 099200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S2338.PCS S2338

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1 nation Act of 2000, as added by section 1102 of this title, 

2 the Attorney General shall submit to Congress a report 

3 that— 

4 (1) lists the States and units of local govern5 ment that have been awarded such grants and the 

6 amount of the grant received by each such State or 

7 unit of local government; 

8 (2) states the number of extensions granted by 

9 the Attorney General under section 2(n)(3) of the 

10 DNA Analysis Backlog Elimination Act of 2000, as 

11 added by section 1102 of this title; and 

12 (3) summarizes the processing status of the 

13 samples of sexual assault evidence about which in14 formation has been entered into the Sexual Assault 

15 Forensic Evidence Registry established under section 

16 2(o) of the DNA Analysis Backlog Elimination Act 

17 of 2000, as added by section 1103(a) of this title, 

18 including the number of samples that have not been 

19 tested. 


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Calendar No. 364 

112TH CONGRESS 

2D SESSION S. 2338 

A BILL 

To reauthorize the Violence Against Women Act of 

1994. 

APRIL 24, 2012 

Ordered read the second time and placed on the calendar 


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