[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2338 Placed on Calendar Senate (PCS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women
Reauthorization Act of 2012''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant conditions.
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.
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 fiancee 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.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
(a) Definitions.--Subsection (a) of section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended--
(1) by redesignating--
(A) paragraph (1) as paragraph (2);
(B) paragraph (2) as paragraph (4);
(C) paragraphs (3) through (5) as paragraphs (5)
through (7), respectively;
(D) paragraphs (6) through (9) as paragraphs (8)
through (11), respectively;
(E) paragraphs (10) through (16) as paragraphs (14)
through (20), respectively;
(F) paragraph (18) as paragraph (23);
(G) paragraphs (19) and (20) as paragraphs (25) and
(26), respectively;
(H) paragraphs (21) and (22) as paragraphs (28) and
(29), respectively;
(I) paragraphs (23) through (33) as paragraphs (31)
through (41), respectively;
(J) paragraphs (34) and (35) as paragraphs (43) and
(44); and
(K) paragraph (37) as paragraph (47);
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) Alaska native village.--The term `Alaska Native
village' has the same meaning given such term in the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).'';
(3) by inserting after paragraph (2), as redesignated, the
following:
``(2) Child.--The term `child' means a person who is under
11 years of age.'';
(4) in paragraph (4), as redesignated, by striking
``serious harm.'' and inserting ``serious harm to unemancipated
minor.'';
(5) in paragraph (5), as redesignated, by striking ``The
term'' through ``that--'' and inserting ``The term `community-
based organization' means a nonprofit, nongovernmental, or
tribal organization that serves a specific geographic community
that--'';
(6) by inserting after paragraph (7), as redesignated, the
following:
``(8) Culturally specific services.--The term `culturally
specific services' means community-based services that offer
culturally relevant and linguistically specific services and
resources to culturally specific communities.
``(9) Culturally specific.--The term `culturally specific'
means primarily directed toward racial and ethnic minority
groups (as defined in section 1707(g) of the Public Health
Service Act (42 U.S.C. 300-u-6(g)).'';
(7) in paragraph (10), as redesignated, by inserting ``or
intimate partner'' after ``former spouse'' and ``as a spouse'';
(8) by inserting after paragraph (13), as redesignated, the
following:
``(14) Homeless.--The term `homeless' has the meaning
provided in 42 U.S.C. 14043e-2(6).'';
(9) in paragraph (21), as redesignated, by inserting at the
end the following:
``Intake or referral, by itself, does not constitute legal
assistance.'';
(10) by striking paragraph (17), as in effect before the
amendments made by this subsection;
(11) by amending paragraph (22), as redesignated, to read
as follows:
``(22) Personally identifying information or personal
information.--The term `personally identifying information' or
`personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(D) a social security number, driver license
number, passport number, or student identification
number; and
``(E) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that would serve to identify any
individual.'';
(12) by inserting after paragraph (22), as redesignated,
the following:
``(23) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of a
specific underserved population and has demonstrated experience
and expertise providing targeted services to members of that
specific underserved population.
``(24) Population specific services.--The term `population
specific services' means victim-centered services that address
the safety, health, economic, legal, housing, workplace,
immigration, confidentiality, or other needs of victims of
domestic violence, dating violence, sexual assault, or
stalking, and that are designed primarily for and are targeted
to a specific underserved population.'';
(13) in paragraph (25), as redesignated, by striking
``services'' and inserting ``assistance'';
(14) in paragraph (26), as redesignated, by striking ``52''
and inserting ``57'';
(15) by inserting after paragraph (26), as redesignated,
the following:
``(27) Rape crisis center.--The term `rape crisis center'
means a nonprofit, nongovernmental, or tribal organization, or
governmental entity in a State other than a Territory that
provides intervention and related assistance, as specified in
42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault without
regard to their age. In the case of a governmental entity, the
entity may not be part of the criminal justice system (such as
a law enforcement agency) and must be able to offer a
comparable level of confidentiality as a nonprofit entity that
provides similar victim services.'';
(16) in paragraph (28), as redesignated--
(A) in subparagraph (A), by striking ``or'' after
the semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by inserting at the end the following:
``(C) any federally recognized Indian tribe.'';
(17) in paragraph (29), as redesignated, by striking
``150,000'' and inserting ``250,000'';
(18) by inserting after paragraph (29), as redesignated,
the following:
``(30) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by 18 U.S.C. 1591, whether or not the
conduct occurs in interstate or foreign commerce or within the
special maritime and territorial jurisdiction of the United
States.'';
(19) by striking paragraph (31), as redesignated, and
inserting the following:
``(31) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to
consent.'';
(20) by amending paragraph (41), as redesignated, to read
as follows:
``(41) Underserved populations.--The term `underserved
populations' means populations who face barriers in accessing
and using victim services, and includes populations underserved
because of geographic location, underserved racial and ethnic
populations, populations underserved because of special needs
(such as language barriers, disabilities, alienage status, or
age), and any other population determined to be underserved by
the Attorney General or by the Secretary of Health and Human
Services, as appropriate.'';
(21) by inserting after paragraph (41), as redesignated,
the following:
``(42) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State.'';
(22) by striking paragraph (36), as in effect before the
amendments made by this subsection, and inserting the
following:
``(45) Victim services or services.--The terms `victim
services' and `services' mean services provided to victims of
domestic violence, dating violence, sexual assault, or
stalking, including telephonic or web-based hotlines, legal
advocacy, economic advocacy, emergency and transitional
shelter, accompaniment and advocacy through medical, civil or
criminal justice, immigration, and social support systems,
crisis intervention, short-term individual and group support
services, information and referrals, culturally specific
services, population specific services, and other related
supportive services.
``(46) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State or tribal
coalition, that assists domestic violence, dating violence,
sexual assault, or stalking victims, including domestic
violence shelters, faith-based organizations, and other
organizations, with a documented history of effective work
concerning domestic violence, dating violence, sexual assault,
or stalking.''; and
(23) by striking paragraph (47), as redesignated, and
inserting the following:
``(47) Youth.--The term `youth' means a person who is 11 to
20 years old.''.
(b) Grants Conditions.--Subsection (b) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking clauses (i)
and (ii) and inserting the following:
``(i) disclose, reveal, or release any
personally identifying information or
individual information collected in connection
with services requested, utilized, or denied
through grantees' and subgrantees' programs,
regardless of whether the information has been
encoded, encrypted, hashed, or otherwise
protected; or
``(ii) disclose, reveal, or release
individual client information without the
informed, written, reasonably time-limited
consent of the person (or in the case of an
unemancipated minor, the minor and the parent
or guardian or in the case of legal incapacity,
a court-appointed guardian) about whom
information is sought, whether for this program
or any other Federal, State, tribal, or
territorial grant program, except that consent
for release may not be given by the abuser of
the minor, incapacitated person, or the abuser
of the other parent of the minor.
If a minor or a person with a legally appointed
guardian is permitted by law to receive services
without the parent's or guardian's consent, the minor
or person with a guardian may release information
without additional consent.'';
(B) by amending subparagraph (D), to read as
follows:
``(D) Information sharing.--
``(i) Grantees and subgrantees may share--
``(I) nonpersonally identifying
data in the aggregate regarding
services to their clients and
nonpersonally identifying demographic
information in order to comply with
Federal, State, tribal, or territorial
reporting, evaluation, or data
collection requirements;
``(II) court-generated information
and law enforcement-generated
information contained in secure,
governmental registries for protection
order enforcement purposes; and
``(III) law enforcement-generated
and prosecution-generated information
necessary for law enforcement,
intelligence, national security, or
prosecution purposes.
``(ii) In no circumstances may--
``(I) an adult, youth, or child
victim of domestic violence, dating
violence, sexual assault, or stalking
be required to provide a consent to
release his or her personally
identifying information as a condition
of eligibility for the services
provided by the grantee or subgrantee;
``(II) any personally identifying
information be shared in order to
comply with Federal, tribal, or State
reporting, evaluation, or data
collection requirements, whether for
this program or any other Federal,
tribal, or State grant program.'';
(C) by redesignating subparagraph (E) as
subparagraph (F);
(D) by inserting after subparagraph (D) the
following:
``(E) Statutorily mandated reports of abuse or
neglect.--Nothing in this section prohibits a grantee
or subgrantee from reporting suspected abuse or
neglect, as those terms are defined by law, where
specifically mandated by the State or tribe
involved.''; and
(E) by inserting after subparagraph (F), as
redesignated, the following:
``(G) Confidentiality assessment and assurances.--
Grantees and subgrantees must document their compliance
with the confidentiality and privacy provisions
required under this section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with, or provide information to Federal, State, local, tribal,
and territorial public officials and agencies to develop and
implement policies and develop and promote State, local, or
tribal legislation or model codes designed to reduce or
eliminate domestic violence, dating violence, sexual assault,
and stalking.'';
(3) in paragraph (7), by inserting at the end the
following:
``Final reports of such evaluations shall be made available to
the public via the agency's website.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded under
this title shall comply with the eligibility requirements in
section 1201(d) of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg-6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in the United
States shall on the basis of actual or perceived race,
color, religion, national origin, sex, or disability be
excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program
or activity funded in whole or in part with funds made
available under the Violence Against Women Act of 1994
(title IV of Public Law 103-322; 108 Stat. 1902), the
Violence Against Women Act of 2000 (division B of
Public Law 106-386; 114 Stat. 1491), the Violence
Against Women and Department of Justice Reauthorization
Act of 2005 (title IX of Public Law 109-162; 119 Stat.
3080), the Violence Against Women Reauthorization Act
of 2011, and any other program or activity funded in
whole or in part with funds appropriated for grants,
cooperative agreements, and other assistance
administered by the Office on Violence Against Women.
``(B) Exception.--If gender segregation or gender-
specific programming is necessary to the essential
operation of a program, nothing in this paragraph shall
prevent any such program or activity from consideration
of an individual's gender. In such circumstances,
alternative reasonable accommodations are sufficient to
meet the requirements of this paragraph.
``(C) Discrimination.--The provisions of paragraphs
(2) through (4) of section 809(c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3789d(c)) apply to violations of subparagraph (A).
``(D) Construction.--Nothing contained in this
paragraph shall be construed, interpreted, or applied
to supplant, displace, preempt, or otherwise diminish
the responsibilities and liabilities under other State
or Federal civil rights law, whether statutory or
common.
``(14) Clarification of victim services and legal
assistance.--Victim services and legal assistance provided
under this title may include services and assistance to victims
of domestic violence, dating violence, sexual assault, or
stalking who are also victims of severe forms of trafficking in
persons as defined by section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
``(15) Accountability.--All grants awarded by the Attorney
General that are authorized under this Act shall be subject to
the following accountability provisions:
``(A) Audit requirement.--Beginning in fiscal year
2013 , and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct an audit of not fewer than 10 percent of all
recipients of grants under this Act to prevent waste,
fraud, and abuse of funds by grantees.
``(B) Mandatory exclusion.--A recipient of grant
funds under this Act that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this Act during the 2 fiscal
years beginning after the 12-month period described in
subparagraph (E).
``(C) Priority.--In awarding grants under this Act,
the Attorney General shall give priority to eligible
entities that, during the 3 fiscal years before
submitting an application for a grant under this Act,
did not have an unresolved audit finding showing a
violation in the terms or conditions of a Department of
Justice grant program.
``(D) Reimbursement.--If an entity is awarded grant
funds under this Act during the 2-fiscal-year period in
which the entity is barred from receiving grants under
subparagraph (B), the Attorney General shall--
``(i) deposit an amount equal to the grant
funds that were improperly awarded to the
grantee into the General Fund of the Treasury;
and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(E) Unresolved audit finding defined.--In this
paragraph, the term `unresolved audit finding' means an
audit report finding, statement, or recommendation that
the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved within a 12-month period
beginning on the date of an initial notification of the
finding or recommendation.
``(F) Nonprofit organization requirements.--
``(i) Definition.--For purposes of this
section and the grant programs described in
this Act, the term `nonprofit organization'
means an organization that is described in
section 501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation under
section 501(a) of such Code.
``(ii) Prohibition.--The Attorney General
shall not award a grant under any grant program
described in this Act to a nonprofit
organization that holds money in offshore
accounts for the purpose of avoiding paying the
tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(iii) Disclosure.--Each nonprofit
organization that is awarded a grant under a
grant program described in this Act and uses
the procedures prescribed in regulations to
create a rebuttable presumption of
reasonableness for the compensation of its
officers, directors, trustees, and key
employees, shall disclose to the Attorney
General, in the application for the grant, the
process for determining such compensation,
including the independent persons involved in
reviewing and approving such compensation, the
comparability data used, and contemporaneous
substantiation of the deliberation and
decision. Upon request, the Attorney General
shall make the information disclosed under this
subsection available for public inspection.
``(G) Administrative expenses.--Unless otherwise
explicitly provided in authorizing legislation, not
more than 7.5 percent of the amounts authorized to be
appropriated under this Act may be used by the Attorney
General for salaries and administrative expenses of the
Department of Justice.
``(H) Conference expenditures.--
``(i) Limitation.--No amounts authorized to
be appropriated to the Department of Justice,
or Department of Health and Human Services
under this Act may be used by the Attorney
General, the Secretary of Health and Human
Services, or by any individual or organization
awarded funds under this Act, to host or
support any expenditure for conferences, unless
in the case of the Department of Justice, the
Deputy Attorney General or the appropriate
Assistant Attorney General, or in the case of
the Department of Health and Human Services the
Deputy Secretary, provides prior written
authorization that the funds may be expended to
host a conference.
``(ii) Written approval.--Written approval
under clause (i) may not be delegated and shall
include a written estimate of all costs
associated with the conference, including the
cost of all food and beverages, audio/visual
equipment, honoraria for speakers, and any
entertainment.
``(iii) Report.--The Deputy Attorney
General and Deputy Secretary shall submit an
annual report to the Committee on the Judiciary
of the Senate and the Committee on the
Judiciary of the House of Representatives on
all conference expenditures approved and
denied.
``(I) Prohibition on lobbying activity.--
``(i) In general.--Amounts authorized to be
appropriated under this Act may not be utilized
by any grant recipient to--
``(I) lobby any representative of
the Department of Justice regarding the
award of grant funding; or
``(II) lobby any representative of
a Federal, State, local, or tribal
government regarding the award of grant
funding.
``(ii) Penalty.--If the Attorney General
determines that any recipient of a grant under
this Act has violated clause (i), the Attorney
General shall--
``(I) require the grant recipient
to repay the grant in full; and
``(II) prohibit the grant recipient
from receiving another grant under this
Act for not less than 5 years.
``(J) Annual certification.--Beginning in the first
fiscal year beginning after the date of the enactment
of this Act, the Assistant Attorney General for the
Office of Justice Programs, the Director of the Office
on Violence Against Women, and the Deputy Secretary for
Health and Human Services shall submit to the Committee
on the Judiciary and the Committee on Appropriations of
the Senate and the Committee on the Judiciary and the
Committee on Appropriations of the House of
Representatives an annual certification that--
``(i) all audits issued by the Office of
the Inspector General under subparagraph (A)
have been completed and reviewed by the
Assistant Attorney General for the Office of
Justice Programs;
``(ii) all mandatory exclusions required
under subparagraph (B) have been issued;
``(iii) all reimbursements required under
subparagraph (D) have been made; and
``(iv) includes a list of any grant
recipients excluded under subparagraph (B) from
the previous year.''.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST VICTIMS
SEC. 101. STOP GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended--
(1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18)), by
striking ``$225,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$222,000,000 for each of fiscal years
2012 through 2016'';
(2) in section 2001 (42 U.S.C. 3796gg), by striking
``against women'' each place that term appears and inserting
``against victims'';
(3) in section 2001(b) (42 U.S.C. 3796gg(b)), as amended by
paragraph (2)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``equipment'' and inserting
``resources''; and
(ii) by inserting ``for the protection and
safety of victims,'' before ``and
specifically,'';
(B) in paragraph (1), by striking ``sexual
assault'' and all that follows through ``dating
violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking'';
(C) in paragraph (2), by striking ``sexual assault
and domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(D) in paragraph (3), by striking ``sexual assault
and domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking, as well as the appropriate treatment of
victims'';
(E) in paragraph (4)--
(i) by striking ``sexual assault and
domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking''; and
(ii) by inserting ``, classifying,'' after
``identifying'';
(F) in paragraph (5)--
(i) by inserting ``and legal assistance''
after ``victim services'';
(ii) by striking ``domestic violence and
dating violence'' and inserting ``domestic
violence, dating violence, and stalking'';
(iii) by striking ``sexual assault and
domestic violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking''; and
(iv) by striking ``including crimes'' and
all that follows and inserting ``including
crimes of domestic violence, dating violence,
sexual assault, and stalking;'';
(G) by striking paragraph (6) and redesignating
paragraphs (7) through (14) as paragraphs (6) through
(13), respectively;
(H) in paragraph (6), as redesignated by
subparagraph (G), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking'';
(I) in paragraph (7), as redesignated by
subparagraph (G), by striking ``and dating violence''
and inserting ``dating violence, and stalking'';
(J) in paragraph (9), as redesignated by
subparagraph (G), by striking ``domestic violence or
sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, or stalking'';
(K) in paragraph (12), as redesignated by
subparagraph (G)--
(i) in subparagraph (A), by striking
``triage protocols to ensure that dangerous or
potentially lethal cases are identified and
prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of
domestic and dating violence homicide and
prioritize dangerous or potentially lethal
cases''; and
(ii) by striking ``and'' at the end;
(L) in paragraph (13), as redesignated by
subparagraph (G)--
(i) by striking ``to provide'' and
inserting ``providing'';
(ii) by striking ``nonprofit
nongovernmental'';
(iii) by striking the comma after ``local
governments''; and
(iv) by striking the period at the end and
inserting a semicolon;
(M) by inserting after paragraph (13), as
redesignated by subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking;
``(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated community
responses to sexual assault;
``(16) developing and strengthening policies, protocols,
best practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs
of sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims; and
``(19) developing, enhancing, or strengthening prevention
and educational programming to address domestic violence,
dating violence, sexual assault, or stalking, with not more
than 5 percent of the amount allocated to a State to be used
for this purpose.''; and
(N) in the flush text at the end, by striking
``paragraph (14)'' and inserting ``paragraph (13)'';
(4) in section 2007 (42 U.S.C. 3796gg-1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim service programs'' and inserting
``victim service providers'';
(B) in subsection (b)(6), by striking ``(not
including populations of Indian tribes)'';
(C) in subsection (c)--
(i) by striking paragraph (2) and inserting
the following:
``(2) grantees and subgrantees shall develop a plan for
implementation and may consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
``(C) the law enforcement entities within the
State;
``(D) prosecution offices;
``(E) State and local courts;
``(F) Tribal governments in those States with State
or federally recognized Indian tribes;
``(G) representatives from underserved populations;
``(H) victim service providers;
``(I) population specific organizations; and
``(J) other entities that the State or the Attorney
General identifies as needed for the planning
process;'';
(ii) by striking paragraph (4);
(iii) by redesignating paragraph (3) as
paragraph (4);
(iv) by inserting after paragraph (2), as
amended by clause (i), the following:
``(3) grantees shall coordinate the State implementation
plan described in paragraph (2) with the State plans described
in section 307 of the Family Violence Prevention and Services
Act (42 U.S.C. 10407) and the plans described in the Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) and section 393A of
the Public Health Service Act (42 U.S.C. 280b-1b).'';
(v) in paragraph (4), as redesignated by
clause (ii)--
(I) in subparagraph (A), by
striking ``and not less than 25 percent
shall be allocated for prosecutors'';
(II) by redesignating subparagraphs
(B) and (C) as subparagraphs (C) and
(D);
(III) by inserting after
subparagraph (A), the following:
``(B) not less than 25 percent shall be allocated
for prosecutors;'';
(IV) in subparagraph (C), as
redesignated by subclause (II), by
striking ``culturally specific
community based'' and inserting
``population specific''; and
(V) in subparagraph (D) as
redesignated by subclause (II) by
striking ``for'' and inserting ``to'';
and
(vi) by adding at the end the following:
``(5) not later than 2 years after the date of enactment of
this Act, and every year thereafter, not less than 30 percent
of the total amount granted to a State under this part shall be
allocated for programs or projects that meaningfully address
sexual assault, including stranger rape, acquaintance rape,
alcohol or drug-facilitated rape, and rape within the context
of an intimate partner relationship.'';
(D) by striking subsection (d) and inserting the
following:
``(d) Application Requirements.--An application for a grant under
this section shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases, described in section 2011 of this title;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault, described
in section 2013 of this title;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--
(I) in subparagraph (A), by
striking ``domestic violence and sexual
assault'' and inserting ``domestic
violence, dating violence, sexual
assault, and stalking''; and
(II) in subparagraph (D), by
striking ``linguistically and
culturally'' and inserting
``population''; and
(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on grant
awards to ensure that the States meet statutory, regulatory,
and other programs requirements.'';
(F) in subsection (f), by striking the period at
the end and inserting ``, except that, for purposes of
this subsection, the costs of the projects for victim
services or tribes for which there is an exemption
under section 40002(b)(1) of the Violence Against Women
Act of 1994 (42 U.S.C. 13925(b)(1)) shall not count
toward the total costs of the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant under
this part shall--
``(1) develop an implementation plan in consultation with
the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part; and
``(2) submit to the Attorney General--
``(A) the implementation plan developed under
paragraph (1);
``(B) documentation from each member of the
planning committee as to their participation in the
planning process;
``(C) documentation from the prosecution, law
enforcement, court, and victim services programs to be
assisted, describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant
funds; and
``(iv) the demographic characteristics of
the populations to be served, including age,
disability, race, ethnicity, and language
background;
``(D) a description of how the State will ensure
that any subgrantees will consult with victim service
providers during the course of developing their grant
applications in order to ensure that the proposed
activities are designed to promote the safety,
confidentiality, and economic independence of victims;
``(E) demographic data on the distribution of
underserved populations within the State and a
description of how the State will meet the needs of
underserved populations, including the minimum
allocation for population specific services required
under subsection (c)(4)(C);
``(F) a description of how the State plans to meet
the requirements of subsection (c)(5);
``(G) goals and objectives for reducing domestic
violence-related homicides within the State; and
``(H) any other information requested by the
Attorney General.'';
(5) in section 2010 (42 U.S.C. 3796gg-4)--
(A) in subsection (a), by striking paragraph (1)
and inserting the following:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this part unless the State, Indian tribal government, unit of
local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of
forensic medical exams described in subsection (b) for
victims of sexual assault; and
``(B) coordinates with health care providers in the
region to notify victims of sexual assault of the
availability of rape exams at no cost to the
victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or''
after the semicolon;
(ii) in paragraph (2), by striking ``; or''
and inserting a period; and
(iii) by striking paragraph (3);
(C) in subsection (c), by striking ``, except that
such funds'' and all that follows and inserting a
period; and
(D) by amended subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether the
victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of this Act to come into compliance with this
subsection.''; and
(6) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))--
(A) by inserting ``modification, enforcement,
dismissal,'' after ``registration,'' each place it
appears; and
(B) by striking ``domestic violence'' and all that
follows through ``sexual assault'' and inserting
``domestic violence, dating violence, sexual assault,
or stalking''.
SEC. 102. GRANTS TO ENCOURAGE ACCOUNTABILITY POLICIES AND ENFORCEMENT
OF PROTECTION ORDERS.
(a) In General.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is amended--
(1) in section 2101 (42 U.S.C. 3796hh)--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``States,'' and all that follows
through ``units of local government'' and
inserting ``grantees'';
(ii) in paragraph (1), by inserting ``and
enforcement of protection orders across State
and tribal lines but not policies that mandate
the arrest of an individual by law enforcement
in responding to an incident of domestic
violence in the absence of probable cause''
before the period;
(iii) in paragraph (2), by striking ``and
training in police departments to improve
tracking of cases'' and inserting ``data
collection systems, and training in police
departments to improve tracking of cases and
classification of complaints'';
(iv) in paragraph (4), by inserting ``and
provide the appropriate training and education
about domestic violence, dating violence,
sexual assault, and stalking'' after ``computer
tracking systems'';
(v) in paragraph (5), by inserting ``and
other victim services'' after ``legal advocacy
service programs'';
(vi) in paragraph (6), by striking
``judges'' and inserting ``Federal, State,
tribal, territorial, and local judges, courts,
and court-based and court-related personnel'';
(vii) in paragraph (8), by striking ``and
sexual assault'' and inserting ``dating
violence, sexual assault, and stalking'';
(viii) in paragraph (10), by striking
``non-profit, non-governmental victim services
organizations,'' and inserting ``victim service
providers, population specific
organizations,''; and
(ix) by adding at the end the following:
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement officers, prosecutors, and the
judiciary in recognizing, investigating, and prosecuting
instances of domestic violence, dating violence, sexual
assault, and stalking.
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating violence,
sexual assault, and stalking, including the appropriate
treatment of victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors regarding
the investigation and prosecution of sexual assault cases and
the appropriate treatment of victims.
``(20) To provide human immunodeficiency virus testing
programs, counseling, and prophylaxis for victims of sexual
assault.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including policies
and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating violence
homicides by--
``(A) using evidence-based indicators to assess the
risk of homicide and link high-risk victims to
immediate crisis intervention services;
``(B) identifying and managing high-risk offenders;
and
``(C) providing ongoing victim advocacy and
referrals to comprehensive services including legal,
housing, health care, and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``except
for a court,'' before ``certify''; and
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
and adjusting the margin accordingly;
(ii) in paragraph (2), by inserting
``except for a court,'' before ``demonstrate'';
(iii) in paragraph (4)--
(I) by inserting ``modification,
enforcement, dismissal,'' after
``registration,'' each place it
appears;
(II) by inserting ``dating
violence,'' after ``domestic
violence,''; and
(III) by striking ``and'' at the
end;
(iv) in paragraph (5)--
(I) in the matter preceding
subparagraph (A), by striking ``, not
later than 3 years after the date of
enactment of this section,'';
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
and adjusting the margin accordingly;
(III) in clause (ii), as
redesignated by subclause (III) of this
clause, by striking ``subparagraph
(A)'' and inserting ``clause (i)''; and
(IV) by striking the period at the
end and inserting ``; and'';
(v) by redesignating paragraphs (1) through
(5), as amended by this subparagraph, as
subparagraphs (A) through (E), respectively;
(vi) in the matter preceding subparagraph
(A), as redesignated by clause (v) of this
subparagraph--
(I) by striking the comma that
immediately follows another comma; and
(II) by striking ``grantees are
States'' and inserting the following:
``grantees are--
``(1) States''; and
(vii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the requirements
under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting ``,
policy,'' after ``law''; and
(II) in subparagraph (A), by
inserting ``and the defendant is in
custody or has been served with the
information or indictment'' before the
semicolon; and
(ii) in paragraph (2), by striking ``it''
and inserting ``its''; and
(D) by adding at the end the following:
``(f) Allocation for Sexual Assault.--Of the amounts appropriated
for purposes of this part for each fiscal year, not less than 30
percent shall be available for projects that address sexual assault,
including stranger rape, acquaintance rape, alcohol or drug-facilitated
rape, and rape within the context of an intimate partner
relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh-1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit,
private sexual assault and domestic violence programs''
and inserting ``victim service providers and, as
appropriate, population specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows
through ``2011.'' and inserting ``$73,000,000 for each of
fiscal years 2012 through 2016.''; and
(2) by striking the period that immediately follows another
period.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-6) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``arising as
a consequence of'' and inserting ``relating to or
arising out of''; and
(B) in the second sentence, by inserting ``or
arising out of'' after ``relating to'';
(2) in subsection (b)--
(A) in the heading, by inserting ``and Grant
Conditions'' after ``Definitions''; and
(B) by inserting ``and grant conditions'' after
``definitions'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``victims
services organizations'' and inserting ``victim service
providers''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono legal
assistance for victims of domestic violence, dating violence,
sexual assault, or stalking, except that not more than 10
percent of the funds awarded under this section may be used for
the purpose described in this paragraph.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``this section
has completed'' and all that follows and inserting the
following: ``this section--''
``(A) has demonstrated expertise in providing legal
assistance or advocacy to victims of domestic violence,
dating violence, sexual assault, or stalking in the
targeted population; or
``(B)(i) is partnered with an entity or person that
has demonstrated expertise described in subparagraph
(A); and
``(ii) has completed, or will complete, training in
connection with domestic violence, dating violence,
stalking, or sexual assault and related legal issues,
including training on evidence-based risk factors for
domestic and dating violence homicide;''; and
(B) in paragraph (2), by striking ``stalking
organization'' and inserting ``stalking victim service
provider''; and
(5) in subsection (f)(1), by striking ``this section'' and
all that follows and inserting the following: ``this section
$41,000,000 for each of fiscal years 2012 through 2016.''.
SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE JUSTICE
SYSTEM.
(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law 106-386;
114 Stat. 1509) is amended by striking the section preceding section
1302 (42 U.S.C. 10420), as amended by section 306 of the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162; 119 Stat. 316), and inserting the following:
``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.
``(a) In General.--The Attorney General may make grants to States,
units of local government, courts (including juvenile courts), Indian
tribal governments, nonprofit organizations, legal services providers,
and victim services providers to improve the response of all aspects of
the civil and criminal justice system to families with a history of
domestic violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence, child
sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence or
sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds pro
se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and child
protective services workers on the dynamics of domestic
violence, dating violence, sexual assault, and stalking,
including information on perpetrator behavior, evidence-based
risk factors for domestic and dating violence homicide, and on
issues relating to the needs of victims, including safety,
security, privacy, and confidentiality, including cases in
which the victim proceeds pro se;
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault (including child sexual abuse), and stalking and
ensure necessary services dealing with the health and mental
health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized
courts, consolidated courts, dockets, intake centers,
or interpreter services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim
assistants, pro se victim assistance programs, or
community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve
community access, including enhanced access for
underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking;
``(6) collect data and provide training and technical
assistance, including developing State, local, and tribal model
codes and policies, to improve the capacity of grantees and
communities to address the civil justice needs of victims of
domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding pro
se, or are proceeding with the assistance of a legal advocate;
and
``(7) to improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (6) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the
proposed programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant
demonstrates cooperation and collaboration with
nonprofit, nongovernmental entities in the local
community with demonstrated histories of effective work
on domestic violence, dating violence, sexual assault,
or stalking, including State or tribal domestic
violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant
demonstrates coordination and collaboration with State,
tribal, and local court systems, including mechanisms
for communication and referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the extent
to which the grantee has expertise addressing the judicial
system's handling of family violence, child custody, child
abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may make a
grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on the
income of those individuals, unless otherwise provided by court
order;
``(3) demonstrates that adequate security measures,
including adequate facilities, procedures, and personnel
capable of preventing violence, and adequate standards are, or
will be, in place (including the development of protocols or
policies to ensure that confidential information is not shared
with courts, law enforcement agencies, or child welfare
agencies unless necessary to ensure the safety of any child or
adult using the services of a program funded under this
section), if the applicant proposes to operate supervised
visitation programs and services or safe visitation exchange;
``(4) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(5) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse, and
related legal issues; and
``(6) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training developed with input from and in collaboration with a
tribal, State, territorial, or local domestic violence, dating
violence, sexual assault, or stalking organization or coalition
on the dynamics of domestic violence and sexual assault,
including child sexual abuse, that includes training on how to
review evidence of past abuse and the use of evidenced-based
theories to make recommendations on custody and visitation.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $22,000,000 for each of fiscal
years 2012 through 2016. Amounts appropriated pursuant to this
subsection shall remain available until expended.
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year shall
be available for grants under the program authorized by section
3796gg-10 of this title.
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--Subtitle J of the Violence
Against Women Act of 1994 (42 U.S.C. 14043 et seq.) is repealed.
SEC. 105. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violence Against Women Act of 1994 (42
U.S.C. 13941) is amended by striking ``$5,000,000'' and all that
follows and inserting ``$5,000,000 for each of fiscal years 2012
through 2016.''.
SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (42 U.S.C.
13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) by striking ``Code of Ethics'' in section
(c)(2) and inserting ``Standards for Programs''; and
(B) by adding at the end the following:
``(e) Reporting.--An organization that receives a grant under this
section for a fiscal year shall submit to the Administrator a report
regarding the use of the grant for the fiscal year, including a
discussion of outcome performance measures (which shall be established
by the Administrator) to determine the effectiveness of the programs of
the organization in meeting the needs of children in the child welfare
system.''; and
(3) in section 219(a) (42 U.S.C. 13014(a)), by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal years
2012 through 2016''.
SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING
CYBERSTALKING.
Section 2261A of title 18, United States Code, is amended to read
as follows:
``Sec. 2261A. Stalking
``Whoever--
``(1) travels in interstate or foreign commerce or is
present within the special maritime and territorial
jurisdiction of the United States, or enters or leaves Indian
country, with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, and in the course of, or
as a result of, such travel or presence engages in conduct
that--
``(A) places that person in reasonable fear of the
death of, or serious bodily injury to--
``(i) that person;
``(ii) an immediate family member (as
defined in section 115) of that person; or
``(iii) a spouse or intimate partner of
that person; or
``(B) causes, attempts to cause, or would be
reasonably expected to cause substantial emotional
distress to a person described in clause (i), (ii), or
(iii) of subparagraph (A); or
``(2) with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, uses the mail, any
interactive computer service or electronic communication
service or electronic communication system of interstate
commerce, or any other facility of interstate or foreign
commerce to engage in a course of conduct that--
``(A) places that person in reasonable fear of the
death of or serious bodily injury to a person described
in clause (i), (ii), or (iii) of paragraph (1)(A); or
``(B) causes, attempts to cause, or would be
reasonably expected to cause substantial emotional
distress to a person described in clause (i), (ii), or
(iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) of this
title.''.
SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.
Section 120 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045) is amended to read as
follows:
``SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED
POPULATIONS.
``(a) Grants Authorized.--
``(1) In general.--Of the amounts appropriated under the
grant programs identified in paragraph (2), the Attorney
General shall take 2 percent of such appropriated amounts and
combine them to award grants to eligible entities described in
subsection (b) of this section to develop and implement
outreach strategies targeted at adult, or youth, victims of
domestic violence, dating violence, sexual assault, or stalking
in underserved populations and to provide victim services to
meet the needs of adult and youth victims of domestic violence,
dating violence, sexual assault, and stalking in underserved
populations. The requirements of the grant programs identified
in paragraph (3) shall not apply to this grant program.
``(2) Programs covered.--The programs covered by paragraph
(2) are the programs carried out under the following
provisions:
``(A) Section 2001 of the Omnibus Crime Control and
Safe Streets Act of 1968 (STOP Grants).
``(B) Section 2101 of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to Encourage
Accountability Policies).
``(b) Eligible Entities.--Eligible entities under this section
are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities or
population specific organizations working in partnership with a
victim service provider or domestic violence or sexual assault
coalition;
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with
a national, State, or local organization that has demonstrated
experience and expertise in providing population specific
services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to 20
percent of funds available under this section to make one-time planning
grants to eligible entities to support the planning and development of
specially designed and targeted programs for adult and youth victims in
one or more underserved populations, including--
``(1) identifying, building and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and
the targeted underserved population or populations to determine
what the barriers are to service access and what factors
contribute to those barriers, using input from the targeted
underserved population or populations;
``(3) identifying promising prevention, outreach and
intervention strategies for victims from a targeted underserved
population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for implementing
prevention, outreach and intervention strategies to address the
barriers to accessing services, promoting community engagement
in the prevention of domestic violence, dating violence, sexual
assault, and stalking within the targeted underserved
populations, and evaluating the program.
``(d) Implementation Grants.--The Attorney General shall make
grants to eligible entities for the purpose of providing or enhancing
population specific outreach and services to adult and youth victims in
one or more underserved populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific victim services;
``(2) strengthening the capacity of underserved populations
to provide population specific victim services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or stalking
in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources and
the specific issues faced by victims of domestic violence,
dating violence, sexual assault, or stalking from underserved
populations.
``(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner
as the Director may prescribe.
``(f) Reports.--Each eligible entity receiving a grant under this
section shall submit to the Director of the Office on Violence Against
Women a report that describes the activities carried out with grant
funds.
``(g) Authorization of Appropriations.--In addition to the funds
identified in subsection (a)(1), there are authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2012 through 2016.
``(h) Definitions and Grant Conditions.--In this section the
definitions and grant conditions in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925) shall apply.''.
SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045a) is amended--
(1) in the section heading, by striking ``and
linguistically'';
(2) by striking ``and linguistically'' each place it
appears;
(3) by striking ``and linguistic'' each place it appears;
(4) by striking subsection (a)(2) and inserting:
``(2) Programs covered.--The programs covered by paragraph
(1) are the programs carried out under the following
provisions:
``(A) Section 2101 of the Omnibus Crime Control and
Safe Streets Act of 1968 (Grants to Encourage
Accountability Policies and Enforcement of Protection
Orders).
``(B) Section 1401 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42
U.S.C. 3796gg-6) (Legal Assistance for Victims).
``(C) Section 40295 of the Violence Against Women
Act of 1994 (42 U.S.C. 13971) (Rural Domestic Violence,
Dating Violence, Sexual Assault, Stalking, and Child
Abuse Enforcement Assistance).
``(D) Section 40802a of the Violence Against Women
Act of 1994 (42 U.S.C. 14041a) (Enhanced Training and
Services to End Violence Against Women Later in Life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42
U.S.C. 3796gg-7) (Education, Training, and Enhanced
Services to End Violence Against and Abuse of Women
with Disabilities).''; and
(5) in subsection (g), by striking ``linguistic and''.
SEC. 110. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.
Section 224(a) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended by striking ``$2,300,000'' and all that follows
and inserting ``$2,300,000 for each of fiscal years 2012 through
2016.''.
SEC. 111. OFFSET OF RESTITUTION AND OTHER STATE JUDICIAL DEBTS AGAINST
INCOME TAX REFUND.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended--
(1) by redesignating subsections (g) through (l) as
subsections (h) through (m), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Collection of Past-Due, Legally Enforceable Restitution and
Other State Judicial Debts.--
``(1) In general.--In any State which wishes to collect
past-due, legally enforceable State judicial debts, the chief
justice of the State's highest court shall designate a single
State entity to communicate judicial debt information to the
Secretary. In making such designation, the chief justice of the
State's highest court shall select, whenever practicable, a
relevant State official or agency responsible under State law
for collecting the State's income tax or other statewide excise
at the time of the designation. Upon receiving notice from a
State designated entity that a named person owes a past-due,
legally enforceable State judicial debt to or in such State,
the Secretary shall, under such conditions as may be prescribed
by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State judicial
debt;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State designated
entity and notify such State designated entity of such
person's name, taxpayer identification number, address,
and the amount collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State judicial debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency; and
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligations; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from 1 or more State
designated entities of more than 1 debt subject to paragraph
(1) that is owed by such person to such State agency or State
judicial branch, any overpayment by such person shall be
applied against such debts in the order in which such debts
accrued.
``(3) Notice; consideration of evidence.--Rules similar to
the rules of subsection (e)(4) shall apply with respect to
debts under this subsection.
``(4) Past-due, legally enforceable state judicial debt.--
``(A) In general.--For purposes of this subsection,
the term `past-due, legally enforceable State judicial
debt' means a debt--
``(i) which resulted from a judgment or
sentence rendered by any court or tribunal of
competent jurisdiction which--
``(I) handles criminal or traffic
cases in the State; and
``(II) has determined an amount of
State judicial debt to be due; and
``(ii) which resulted from a State judicial
debt which has been assessed and is past-due
but not collected.
``(B) State judicial debt.--For purposes of this
paragraph, the term `State judicial debt' includes
court costs, fees, fines, assessments, restitution to
victims of crime, and other monies resulting from a
judgment or sentence rendered by any court or tribunal
of competent jurisdiction handling criminal or traffic
cases in the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which State designated
entities must submit notices of past-due, legally enforceable
State judicial debts and the necessary information that must be
contained in or accompany such notices. The regulations shall
specify the types of State judicial monies and the minimum
amount of debt to which the reduction procedure established by
paragraph (1) may be applied. The regulations shall require
State designated entities to pay a fee to reimburse the
Secretary for the cost of applying such procedure. Any fee paid
to the Secretary pursuant to the preceding sentence shall be
used to reimburse appropriations which bore all or part of the
cost of applying such procedure.
``(6) Erroneous payment to state.--Any State designated
entity receiving notice from the Secretary that an erroneous
payment has been made to such State designated entity under
paragraph (1) shall pay promptly to the Secretary, in
accordance with such regulations as the Secretary may
prescribe, an amount equal to the amount of such erroneous
payment (without regard to whether any other amounts payable to
such State designated entity under such paragraph have been
paid to such State designated entity).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), (e), or (f) of section 6402) is amended by striking ``or (f)''
each place it appears in the text and heading and inserting ``(f), or
(g)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (f)'' and inserting ``(f), and
(g),''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``subsections (e) and (f)'' and inserting
``subsections (e), (f), and (g)''.
(3) Paragraph (3)(B) of section 6402(e) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (g)
with respect to past-due, legally enforceable
State judicial debts, and
``(ii) credited to the future liability for
any Federal internal revenue tax of such person
pursuant to subsection (b).''.
(4) Section 6402(h) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(5) Section 6402(j) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(d) Effective Date.--The amendments made by this section shall
apply to refunds payable for taxable years beginning after December 31,
2011.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories.--Section 41601(b) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043g(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``governmental and non-
governmental''; and
(B) by striking ``other programs'' and all that
follows and inserting ``other nongovernmental or tribal
programs and projects to assist individuals who have
been victimized by sexual assault, without regard to
the age of the individual.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``nonprofit,
nongovernmental organizations for programs and
activities'' and inserting ``nongovernmental or tribal
programs and activities''; and
(B) in subparagraph (C)(v), by striking
``linguistically and''.
(b) Authorization of Appropriations.--Section 41601(f)(1) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043g(f)(1)) is amended
by striking ``$50,000,000 to remain available until expended for each
of the fiscal years 2007 through 2011'' and inserting ``$40,000,000 to
remain available until expended for each of fiscal years 2012 through
2016''.
SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C.
13971) is amended--
(1) in subsection (a)(1)(H), by inserting ``, including
sexual assault forensic examiners'' before the semicolon;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``victim advocacy groups''
and inserting ``victim service providers''; and
(ii) by inserting ``, including developing
multidisciplinary teams focusing on high risk
cases with the goal of preventing domestic and
dating violence homicides'' before the
semicolon;
(B) in paragraph (2)--
(i) by striking ``and other long- and
short-term assistance'' and inserting ``legal
assistance, and other long-term and short-term
victim and population specific services''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) developing, enlarging, or strengthening programs
addressing sexual assault, including sexual assault forensic
examiner programs, Sexual Assault Response Teams, law
enforcement training, and programs addressing rape kit
backlogs.''; and
(3) in subsection (e)(1), by striking ``$55,000,000 for
each of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2012 through 2016''.
SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES GRANTS.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (42 U.S.C. 3796gg-7) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including
using evidence-based indicators to assess the risk of
domestic and dating violence homicide)'' after ``risk
reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service
providers''; and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service
providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a State''
and inserting ``victim service provider, such as a State or
tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each
of the fiscal years 2007 through 2011'' and inserting
``$9,000,000 for each of fiscal years 2012 through 2016''.
SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
IN LATER LIFE.
Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C.
14041a) is amended to read as follows:
``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST
WOMEN IN LATER LIFE.
``(a) Definitions.--In this section--
``(1) the term `eligible entity' means an entity that--
``(A) is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal
organization;
``(iv) a population specific organization
with demonstrated experience in assisting
individuals in later life;
``(v) a victim service provider; or
``(vi) a State, tribal, or territorial
domestic violence or sexual assault coalition;
and
``(B) is partnered with--
``(i) a law enforcement agency;
``(ii) an office of a prosecutor;
``(iii) a victim service provider; or
``(iv) a nonprofit program or government
agency with demonstrated experience in
assisting individuals in later life;
``(2) the term `exploitation' means domestic violence,
dating violence, sexual assault, or stalking;
``(3) the term `later life', relating to an individual,
means the individual is 60 years of age or older; and
``(4) the term `neglect' means the failure of a caregiver
or fiduciary to provide the goods or services that are
necessary to maintain the health or safety of an individual in
later life.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2).
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity
receiving a grant under this section shall use the
funds received under the grant to--
``(i) provide training programs to assist
law enforcement agencies, prosecutors, agencies
of States or units of local government,
population specific organizations, victim
service providers, victim advocates, and
relevant officers in Federal, tribal, State,
territorial, and local courts in recognizing
and addressing instances of elder abuse;
``(ii) provide or enhance services for
victims of elder abuse;
``(iii) establish or support
multidisciplinary collaborative community
responses to victims of elder abuse; and
``(iv) conduct cross-training for law
enforcement agencies, prosecutors, agencies of
States or units of local government, attorneys,
health care providers, population specific
organizations, faith-based advocates, victim
service providers, and courts to better serve
victims of elder abuse.
``(B) Permissible activities.--An eligible entity
receiving a grant under this section may use not more
than 10 percent of the funds received under the grant
to--
``(i) provide training programs to assist
attorneys, health care providers, faith-based
leaders, or other community-based organizations
in recognizing and addressing instances of
elder abuse; or
``(ii) conduct outreach activities and
awareness campaigns to ensure that victims of
elder abuse receive appropriate assistance.
``(3) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to proposals
providing culturally specific or population specific services.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 2012 through 2016.''.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. RAPE PREVENTION EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``, territorial or tribal'' after ``crisis
centers, State''; and
(B) in paragraph (6), by inserting ``and alcohol''
after ``about drugs''; and
(2) in subsection (c)(1), by striking ``$80,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2012 through 2016''.
SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH.
(a) In General.--Subtitle L of the Violence Against Women Act of
1994 is amended by striking sections 41201 through 41204 (42 U.S.C.
14043c through 14043c-3) and inserting the following:
``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION FOR CHILDREN AND YOUTH (`CHOOSE CHILDREN &
YOUTH').
``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services and the
Secretary of Education, shall award grants to enhance the safety of
youth and children who are victims of, or exposed to, domestic
violence, dating violence, sexual assault, or stalking and prevent
future violence.
``(b) Program Purposes.--Funds provided under this section may be
used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim-centered interventions
and services that target youth who are victims of domestic
violence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, advocacy,
mentoring, educational support, transportation, legal
assistance in civil, criminal and administrative matters, such
as family law cases, housing cases, child welfare proceedings,
campus administrative proceedings, and civil protection order
proceedings, services to address the co-occurrence of sex
trafficking, population-specific services, and other activities
that support youth in finding safety, stability, and justice
and in addressing the emotional, cognitive, and physical
effects of trauma. Funds may be used to--
``(A) assess and analyze currently available
services for youth victims of domestic violence, dating
violence, sexual assault, and stalking, determining
relevant barriers to such services in a particular
locality, and developing a community protocol to
address such problems collaboratively;
``(B) develop and implement policies, practices,
and procedures to effectively respond to domestic
violence, dating violence, sexual assault, or stalking
against youth; or
``(C) provide technical assistance and training to
enhance the ability of school personnel, victim service
providers, child protective service workers, staff of
law enforcement agencies, prosecutors, court personnel,
individuals who work in after school programs, medical
personnel, social workers, mental health personnel, and
workers in other programs that serve children and youth
to improve their ability to appropriately respond to
the needs of children and youth who are victims of
domestic violence, dating violence, sexual assault,
stalking, as well as runaway and homeless youth, and to
properly refer such children, youth, and their families
to appropriate services.
``(2) Supporting youth through education and protection.--
To enable middle schools, high schools, and institutions of
higher education to--
``(A) provide training to school personnel,
including healthcare providers and security personnel,
on the needs of students who are victims of domestic
violence, dating violence, sexual assault, or stalking;
``(B) develop and implement prevention and
intervention policies in middle and high schools,
including appropriate responses to, and identification
and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating
violence, sexual assault, or stalking, and procedures
for handling the requirements of court protective
orders issued to or against students;
``(C) provide support services for student victims
of domestic violence, dating violence, sexual assault
or stalking, such as a resource person who is either
on-site or on-call;
``(D) provide scientifically valid educational
programming for students regarding domestic violence,
dating violence, sexual assault, and stalking that is
produced by accredited entities; or
``(E) develop strategies to increase
identification, support, referrals, and prevention
programming for youth who are at high risk of domestic
violence, dating violence, sexual assault, or stalking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit,
or population-specific or community-based organization
with a demonstrated history of effective work
addressing the needs of youth, including runaway or
homeless youth, who are victims of domestic violence,
dating violence, sexual assault, or stalking; or
``(B) a victim service provider that is partnered
with an entity that has a demonstrated history of
effective work addressing the needs of youth.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant
for the purposes described in subsection (b)(2), an
entity described in paragraph (1) shall be partnered
with a public, charter, tribal, or nationally
accredited private middle or high school, a school
administered by the Department of Defense under section
2164 of title 10, United States Code or section 1402 of
the Defense Dependents' Education Act of 1978, a group
of schools, a school district, or an institution of
higher education.
``(B) Other partnerships.--All applicants under
this section are encouraged to work in partnership with
organizations and agencies that work with the relevant
population. Such entities may include--
``(i) a State, tribe, unit of local
government, or territory;
``(ii) a population specific or community-
based organization;
``(iii) batterer intervention programs or
sex offender treatment programs with
specialized knowledge and experience working
with youth offenders; or
``(iv) any other agencies or nonprofit,
nongovernmental organizations with the capacity
to provide effective assistance to the adult,
youth, and child victims served by the
partnership.
``(d) Grantee Requirements.--Applicants for grants under this
section shall establish and implement policies, practices, and
procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers all
with priority on victim safety and autonomy; and
``(3) ensure that all individuals providing intervention or
prevention programming to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, and stalking.
``(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002 shall
apply.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2012 through 2016.
``(g) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection (b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program authorized
by section 2015 of the Omnibus Crime Control and Safe Streets
Act of 1968.
``(h) Priority.--The Attorney General shall prioritize grant
applications under this section that coordinate with prevention
programs in the community.''.
(b) VAWA Grant Requirements.--Section 40002(b) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended by adding at
the end the following:
``(12) Requirement for scientifically valid programs.--All
grant funds made available by this Act shall be used to provide
scientifically valid educational programming, training, public
awareness communications regarding domestic violence, dating
violence, sexual assault, and stalking that is produced by
accredited entities, as appropriate.''.
SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
Section 304 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``stalking on campuses,
and'' and inserting ``stalking on campuses,'';
(ii) by striking ``crimes against women
on'' and inserting ``crimes on''; and
(iii) by inserting ``, and to develop and
strengthen prevention education and awareness
programs'' before the period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after
``To develop''; and
(ii) by inserting ``including the use of
technology to commit these crimes,'' after
``sexual assault and stalking,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific
services'' after ``strengthen victim services
programs'';
(ii) by striking ``entities carrying out''
and all that follows through ``stalking victim
services programs'' and inserting ``victim
service providers''; and
(iii) by inserting ``, regardless of
whether the services are provided by the
institution or in coordination with community
victim service providers'' before the period at
the end; and
(C) by adding at the end the following:
``(9) To provide scientifically valid educational
programming for students regarding domestic violence, dating
violence, sexual assault, and stalking that is produced by
accredited entities.
``(10) To develop or adapt population specific strategies
and projects for victims of domestic violence, dating violence,
sexual assault, and stalking from underserved populations on
campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any
non-profit'' and all that follows through
``victim services programs'' and inserting
``victim service providers'';
(ii) by redesignating subparagraphs (D)
through (F) as subparagraphs (E) through (G),
respectively; and
(iii) by inserting after subparagraph (C),
the following:
``(D) describe how underserved populations in the
campus community will be adequately served, including
the provision of relevant population specific
services;''; and
(B) in paragraph (3), by striking ``2007 through
2011'' and inserting ``2012 through 2016'';
(4) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2), the
following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the grant
period:
``(A) The grantee shall create a coordinated
community response including both organizations
external to the institution and relevant divisions of
the institution.
``(B) The grantee shall establish a mandatory
prevention and education program on domestic violence,
dating violence, sexual assault, and stalking for all
incoming students.
``(C) The grantee shall train all campus law
enforcement to respond effectively to domestic
violence, dating violence, sexual assault, and
stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to
situations involving domestic violence, dating
violence, sexual assault, or stalking.''; and
(5) in subsection (e), by striking ``there are'' and all
that follows through the period and inserting ``there is
authorized to be appropriated $12,000,000 for each of fiscal
years 2012 through 2016.''.
SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE,
AND STALKING EDUCATION AND PREVENTION.
(a) In General.--Section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended--
(1) in paragraph (1)(F)--
(A) in clause (i)(VIII), by striking ``and'' after
the semicolon;
(B) in clause (ii)--
(i) by striking ``sexual orientation'' and
inserting ``national origin, sexual
orientation,''; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) of domestic violence, dating
violence, and stalking incidents that were
reported to campus security authorities or
local police agencies.'';
(2) in paragraph (3), by inserting ``, that withholds the
names of victims as confidential,'' after ``that is timely'';
(3) in paragraph (6)(A)--
(A) by redesignating clauses (i), (ii), and (iii)
as clauses (ii), (iii), and (iv), respectively;
(B) by inserting before clause (ii), as
redesignated by subparagraph (A), the following:
``(i) The terms `dating violence', `domestic violence', and
`stalking' have the meaning given such terms in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).''; and
(C) by inserting after clause (iv), as redesignated
by subparagraph (A), the following:
``(v) The term `sexual assault' means an offense classified
as a forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of
Investigation.'';
(4) in paragraph (7)--
(A) by striking ``paragraph (1)(F)'' and inserting
``clauses (i) and (ii) of paragraph (1)(F)''; and
(B) by inserting after ``Hate Crime Statistics
Act.'' the following: ``For the offenses of domestic
violence, dating violence, and stalking, such
statistics shall be compiled in accordance with the
definitions used in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).'';
(5) by striking paragraph (8) and inserting the following:
``(8)(A) Each institution of higher education participating in any
program under this title and title IV of the Economic Opportunity Act
of 1964, other than a foreign institution of higher education, shall
develop and distribute as part of the report described in paragraph (1)
a statement of policy regarding--
``(i) such institution's programs to prevent domestic
violence, dating violence, sexual assault, and stalking; and
``(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence, sexual
assault, or stalking has been reported.
``(B) The policy described in subparagraph (A) shall address the
following areas:
``(i) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(ii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or stalking
has occurred, including information in writing about--
``(I) the importance of preserving evidence as may
be necessary to the proof of criminal domestic
violence, dating violence, sexual assault, or stalking,
or in obtaining a protection order;
``(II) to whom the alleged offense should be
reported;
``(III) options regarding law enforcement and
campus authorities, including notification of the
victim's option to--
``(aa) notify proper law enforcement
authorities, including on-campus and local
police;
``(bb) be assisted by campus authorities in
notifying law enforcement authorities if the
victim so chooses; and
``(cc) decline to notify such authorities;
and
``(IV) where applicable, the rights of victims and
the institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or
similar lawful orders issued by a criminal, civil, or
tribal court.
``(iii) Information about how the institution will protect
the confidentiality of victims, including how publicly-
available recordkeeping will be accomplished without the
inclusion of identifying information about the victim, to the
extent permissible by law.
``(iv) Notification of students about existing counseling,
health, mental health, victim advocacy, legal assistance, and
other services available for victims both on-campus and in the
community.
``(v) Notification of victims about options for, and
available assistance in, changing academic, living,
transportation, and working situations, if so requested by the
victim and if such accommodations are reasonably available,
regardless of whether the victim chooses to report the crime to
campus police or local law enforcement.
``(C) A student or employee who reports to an institution of higher
education that the student or employee has been a victim of domestic
violence, dating violence, sexual assault, or stalking, whether the
offense occurred on or off campus, shall be provided with a written
explanation of the student or employee's rights and options, as
described in clauses (ii) through (vii) of subparagraph (B).'';
(6) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States,'';
(7) by striking paragraph (16) and inserting the following:
``(16)(A) The Secretary shall seek the advice and counsel of the
Attorney General of the United States concerning the development, and
dissemination to institutions of higher education, of best practices
information about campus safety and emergencies.
``(B) The Secretary shall seek the advice and counsel of the
Attorney General of the United States and the Secretary of Health and
Human Services concerning the development, and dissemination to
institutions of higher education, of best practices information about
preventing and responding to incidents of domestic violence, dating
violence, sexual assault, and stalking, including elements of
institutional policies that have proven successful based on evidence-
based outcome measurements.''; and
(8) by striking paragraph (17) and inserting the following:
``(17) No officer, employee, or agent of an institution
participating in any program under this title shall retaliate,
intimidate, threaten, coerce, or otherwise discriminate against any
individual for exercising their rights or responsibilities under any
provision of this subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect with respect to the annual security report under section
485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1))
prepared by an institution of higher education 1 calendar year after
the date of enactment of this Act, and each subsequent calendar year.
TITLE IV--VIOLENCE REDUCTION PRACTICES
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402(c) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c)) is amended by
striking ``$2,000,000 for each of the fiscal years 2007 through 2011''
and inserting ``$500,000 for each of fiscal years 2012 through 2016''.
SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
GRANTS.
(a) SMART Prevention.--Section 41303 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-2) is amended to read as follows:
``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION
(SMART PREVENTION).
``(a) Grants Authorized.--The Attorney General, in consultation
with the Secretary of Health and Human Services and the Secretary of
Education, is authorized to award grants for the purpose of preventing
domestic violence, dating violence, sexual assault, and stalking by
taking a comprehensive approach that focuses on youth, children exposed
to violence, and men as leaders and influencers of social norms.
``(b) Use of Funds.--Funds provided under this section may be used
for the following purposes:
``(1) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes
and behaviors around the acceptability of domestic violence,
dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and
individuals who influence young individuals. The prevention
program may use evidence-based, evidence-informed, or
innovative strategies and practices focused on youth. Such a
program should include--
``(A) scientifically valid age appropriate
education that is produced by accredited entities on
domestic violence, dating violence, sexual assault,
stalking, and sexual coercion, as well as healthy
relationship skills, in school, in the community, or in
health care settings;
``(B) community-based collaboration and training
for those with influence on youth, such as parents,
teachers, coaches, healthcare providers, faith-leaders,
older teens, and mentors;
``(C) education and outreach to change
environmental factors contributing to domestic
violence, dating violence, sexual assault, and
stalking; and
``(D) policy development targeted to prevention,
including school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding to
children's exposure to violence in the home. Such programs may
include--
``(A) providing services for children exposed to
domestic violence, dating violence, sexual assault or
stalking, including direct counseling or advocacy, and
support for the non-abusing parent; and
``(B) training and coordination for educational,
after-school, and childcare programs on how to safely
and confidentially identify children and families
experiencing domestic violence, dating violence, sexual
assault, or stalking and properly refer children
exposed and their families to services and violence
prevention programs.
``(c) Eligible Entities.--To be an eligible to receive a grant
under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other non-
profit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific area
for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization, or
other non-profit, nongovernmental organization that has a
history of effective work preventing domestic violence, dating
violence, sexual assault, or stalking and at least one of the
following:
``(A) A public, charter, tribal, or nationally
accredited private middle or high school, a school
administered by the Department of Defense under section
2164 of title 10, United States Code or section 1402 of
the Defense Dependents' Education Act of 1978, a group
of schools, or a school district.
``(B) A local community-based organization,
population-specific organization, or faith-based
organization that has established expertise in
providing services to youth.
``(C) A community-based organization, population-
specific organization, university or health care
clinic, faith-based organization, or other non-profit,
nongovernmental organization.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by
domestic violence, dating violence, sexual assault, or
stalking.
``(E) Healthcare entities eligible for
reimbursement under title XVIII of the Social Security
Act, including providers that target the special needs
of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental
organizations with the capacity to provide necessary
expertise to meet the goals of the program.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at such
time, in such manner, and containing such information as the
Director may require that demonstrates the capacity of the
applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices, and
procedures that--
``(A) include appropriate referral systems to
direct any victim identified during program activities
to highly qualified follow-up care;
``(B) protect the confidentiality and privacy of
adult and youth victim information, particularly in the
context of parental or third party involvement and
consent, mandatory reporting duties, and working with
other service providers;
``(C) ensure that all individuals providing
prevention programming through a program funded under
this section have completed or will complete sufficient
training in connection with domestic violence, dating
violence, sexual assault or stalking; and
``(D) document how prevention programs are
coordinated with service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or
State-based efforts that are working on domestic
violence, dating violence, sexual assault, or stalking
prevention and explain how the grantee or partnership
will add value, coordinate with other programs, and not
duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section, the
definitions and grant conditions provided for in section 40002 shall
apply.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2012 through 2016.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in paragraphs
(1), (2), and (3) of subsection (a).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).
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.
(a) Grants.--Section 399P of the Public Health Service Act (42
U.S.C. 280g-4) is amended to read as follows:
``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM'S RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and respond
to domestic violence, dating violence, sexual assault, and
stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other health
settings (including behavioral and mental health programs) to
domestic violence, dating violence, sexual assault, and
stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical,
psychology, dental, social work, nursing, and
other health profession students, interns,
residents, fellows, or current health care
providers to identify and provide health care
services (including mental or behavioral health
care services and referrals to appropriate
community services) to individuals who are or
who have been victims of domestic violence,
dating violence, sexual assault, or stalking;
and
``(ii) plan and develop culturally
competent clinical training components for
integration into approved internship,
residency, and fellowship training or
continuing medical or other health education
training that address physical, mental, and
behavioral health issues, including protective
factors, related to domestic violence, dating
violence, sexual assault, stalking, and other
forms of violence and abuse, focus on reducing
health disparities and preventing violence and
abuse, and include the primacy of victim safety
and confidentiality;
``(B) design and implement comprehensive strategies
to improve the response of the health care system to
domestic or sexual violence in clinical and public
health settings, hospitals, clinics, and other health
settings (including behavioral and mental health),
under subsection (a)(3) through--
``(i) the implementation, dissemination,
and evaluation of policies and procedures to
guide health professionals and public health
staff in identifying and responding to domestic
violence, dating violence, sexual assault, and
stalking, including strategies to ensure that
health information is maintained in a manner
that protects the patient's privacy and safety,
and safely uses health information technology
to improve documentation, identification,
assessment, treatment, and follow-up care;
``(ii) the development of on-site access to
services to address the safety, medical, and
mental health needs of patients by increasing
the capacity of existing health care
professionals and public health staff to
address domestic violence, dating violence,
sexual assault, and stalking, or by contracting
with or hiring domestic or sexual assault
advocates to provide such services or to model
other services appropriate to the geographic
and cultural needs of a site;
``(iii) the development of measures and
methods for the evaluation of the practice of
identification, intervention, and documentation
regarding victims of domestic violence, dating
violence, sexual assault, and stalking,
including the development and testing of
quality improvement measurements; and
``(iv) the provision of training and
follow-up technical assistance to health care
professionals, and public health staff, and
allied health professionals to identify,
assess, treat, and refer clients who are
victims of domestic violence, dating violence,
sexual assault, or stalking, including using
tools and training materials already developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent
consistent with the purpose of this section, a grantee
may use amounts received under this section to address,
as part of a comprehensive programmatic approach
implemented under the grant, issues relating to child
or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs
(1) and (2) of subsection (a) may be used to offer to
rural areas community-based training opportunities,
which may include the use of distance learning networks
and other available technologies needed to reach
isolated rural areas, for medical, nursing, and other
health profession students and residents on domestic
violence, dating violence, sexual assault, stalking,
and, as appropriate, other forms of violence and abuse.
``(C) Other uses.--Grants funded under subsection
(a)(3) may be used for--
``(i) the development of training modules
and policies that address the overlap of child
abuse, domestic violence, dating violence,
sexual assault, and stalking and elder abuse,
as well as childhood exposure to domestic and
sexual violence;
``(ii) the development, expansion, and
implementation of sexual assault forensic
medical examination or sexual assault nurse
examiner programs;
``(iii) the inclusion of the health effects
of lifetime exposure to violence and abuse as
well as related protective factors and
behavioral risk factors in health professional
training schools including medical, dental,
nursing, social work, and mental and behavioral
health curricula, and allied health service
training courses; or
``(iv) the integration of knowledge of
domestic violence, dating violence, sexual
assault, and stalking into health care
accreditation and professional licensing
examinations, such as medical, dental, social
work, and nursing boards, and where
appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section
shall ensure that all programs developed with grant
funds address issues of confidentiality and patient
safety and comply with applicable confidentiality and
nondisclosure requirements under section 40002(b)(2) of
the Violence Against Women Act of 1994 and the Family
Violence Prevention and Services Act, and that faculty
and staff associated with delivering educational
components are fully trained in procedures that will
protect the immediate and ongoing security and
confidentiality of the patients, patient records, and
staff. Such grantees shall consult entities with
demonstrated expertise in the confidentiality and
safety needs of victims of domestic violence, dating
violence, sexual assault, and stalking on the
development and adequacy of confidentially and security
procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--
Grantees under this section shall provide to patients
advance notice about any circumstances under which
information may be disclosed, such as mandatory
reporting laws, and shall give patients the option to
receive information and referrals without affirmatively
disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Application.--
``(A) Preference.--In selecting grant recipients
under this section, the Secretary shall give preference
to applicants based on the strength of their evaluation
strategies, with priority given to outcome based
evaluations.
``(B) Subsection (a)(1) and (2) grantees.--
Applications for grants under paragraphs (1) and (2) of
subsection (a) shall include--
``(i) documentation that the applicant
represents a team of entities working
collaboratively to strengthen the response of
the health care system to domestic violence,
dating violence, sexual assault, or stalking,
and which includes at least one of each of--
``(I) an accredited school of
allopathic or osteopathic medicine,
psychology, nursing, dentistry, social
work, or other health field;
``(II) a health care facility or
system; or
``(III) a government or nonprofit
entity with a history of effective work
in the fields of domestic violence,
dating violence, sexual assault, or
stalking; and
``(ii) strategies for the dissemination and
sharing of curricula and other educational
materials developed under the grant, if any,
with other interested health professions
schools and national resource repositories for
materials on domestic violence, dating
violence, sexual assault, and stalking.
``(C) Subsection (a)(3) grantees.--An entity
desiring a grant under subsection (a)(3) shall submit
an application to the Secretary at such time, in such a
manner, and containing such information and assurances
as the Secretary may require, including--
``(i) documentation that all training,
education, screening, assessment, services,
treatment, and any other approach to patient
care will be informed by an understanding of
violence and abuse victimization and trauma-
specific approaches that will be integrated
into prevention, intervention, and treatment
activities;
``(ii) strategies for the development and
implementation of policies to prevent and
address domestic violence, dating violence,
sexual assault, and stalking over the lifespan
in health care settings;
``(iii) a plan for consulting with State
and tribal domestic violence or sexual assault
coalitions, national nonprofit victim advocacy
organizations, State or tribal law enforcement
task forces (where appropriate), and population
specific organizations with demonstrated
expertise in domestic violence, dating
violence, sexual assault, or stalking;
``(iv) with respect to an application for a
grant under which the grantee will have contact
with patients, a plan, developed in
collaboration with local victim service
providers, to respond appropriately to and make
correct referrals for individuals who disclose
that they are victims of domestic violence,
dating violence, sexual assault, stalking, or
other types of violence, and documentation
provided by the grantee of an ongoing
collaborative relationship with a local victim
service provider; and
``(v) with respect to an application for a
grant proposing to fund a program described in
subsection (b)(2)(C)(ii), a certification that
any sexual assault forensic medical examination
and sexual assault nurse examiner programs
supported with such grant funds will adhere to
the guidelines set forth by the Attorney
General.
``(d) Eligible Entities.--
``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of
effective work in the field of training health
professionals with an understanding of, and clinical
skills pertinent to, domestic violence, dating
violence, sexual assault, or stalking, and lifetime
exposure to violence and abuse;
``(B) an accredited school of allopathic or
osteopathic medicine, psychology, nursing, dentistry,
social work, or allied health;
``(C) a health care provider membership or
professional organization, or a health care system; or
``(D) a State, tribal, territorial, or local
entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of
health, a State, tribal, or territorial domestic
violence or sexual assault coalition or victim service
provider, or any other nonprofit, nongovernmental
organization with a history of effective work in the
fields of domestic violence, dating violence, sexual
assault, or stalking, and health care, including
physical or mental health care; or
``(B) a local victim service provider, a local
department (or other division) of health, a local
health clinic, hospital, or health system, or any other
community-based organization with a history of
effective work in the field of domestic violence,
dating violence, sexual assault, or stalking and health
care, including physical or mental health care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make grants
or enter into contracts to provide technical assistance with
respect to the planning, development, and operation of any
program, activity or service carried out pursuant to this
section. Not more than 8 percent of the funds appropriated
under this section in each fiscal year may be used to fund
technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section;
and
``(B) the programs and activities supported by such
funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and
effective interventions in the health care setting that
prevent domestic violence, dating violence, and sexual
assault across the lifespan, prevent the health effects
of such violence, and improve the safety and health of
individuals who are currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence,
dating violence, sexual assault, and childhood exposure
to domestic, dating or sexual violence on health
behaviors, health conditions, and health status of
individuals, families, and populations, including
underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic
violence, dating violence, sexual assault, and
stalking;
``(C) research on the impact of domestic, dating
and sexual violence, childhood exposure to such
violence, and stalking on the health care system,
health care utilization, health care costs, and health
status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult
health outcomes, including how to reduce or prevent the
impact of adverse childhood experiences through the
health care setting.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2012 through 2016.
``(h) Definitions.--Except as otherwise provided herein, the
definitions provided for in section 40002 of the Violence Against Women
Act of 1994 shall apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Section 40297 of the Violence Against Women Act of 1994
(42 U.S.C. 13973).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).
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.
(a) Amendment.--Subtitle N of the Violence Against Women Act of
1994 (42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:
``CHAPTER 1--GRANT PROGRAMS'';
(2) in section 41402 (42 U.S.C. 14043e-1), in the matter
preceding paragraph (1), by striking ``subtitle'' and inserting
``chapter'';
(3) in section 41403 (42 U.S.C. 14043e-2), in the matter
preceding paragraph (1), by striking ``subtitle'' and inserting
``chapter''; and
(4) by adding at the end the following:
``CHAPTER 2--HOUSING RIGHTS
``SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Definitions.--In this chapter:
``(1) Affiliated individual.--The term `affiliated
individual' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child
of that individual, or an individual to whom that
individual stands in loco parentis; or
``(B) any individual, tenant, or lawful occupant
living in the household of that individual.
``(2) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the Executive
department (as defined in section 101 of title 5, United States
Code) that carries out the covered housing program.
``(3) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013);
``(C) the program under subtitle D of title VIII of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12901 et seq.);
``(D) the program under subtitle A of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.);
``(E) the program under subtitle A of title II of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12741 et seq.);
``(F) the program under paragraph (3) of section
221(d) of the National Housing Act (12 U.S.C. 1715l(d))
that bears interest at a rate determined under the
proviso under paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National
Housing Act (12 U.S.C. 1715z-1);
``(H) the programs under sections 6 and 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437d and
1437f);
``(I) rural housing assistance provided under
sections 514, 515, 516, 533, and 538 of the Housing Act
of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, and 1490p-
2); and
``(J) the low income housing tax credit program
under section 42 of the Internal Revenue Code of 1986.
``(b) Prohibited Basis for Denial or Termination of Assistance or
Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing on the basis that
the applicant or tenant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking, if the
applicant or tenant otherwise qualifies for admission,
assistance, participation, or occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease
for housing assisted under a covered housing program by
the victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance,
tenancy, or occupancy rights to housing assisted under
a covered housing program of the victim or threatened
victim of such incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy
rights prohibited.--No person may deny assistance,
tenancy, or occupancy rights to housing assisted under
a covered housing program to a tenant solely on the
basis of criminal activity directly relating to
domestic violence, dating violence, sexual assault, or
stalking that is engaged in by a member of the
household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating
violence, sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding
subparagraph (A), a public housing agency or
owner or manager of housing assisted under a
covered housing program may bifurcate a lease
for the housing in order to evict, remove, or
terminate assistance to any individual who is a
tenant or lawful occupant of the housing and
who engages in criminal activity directly
relating to domestic violence, dating violence,
sexual assault, or stalking against an
affiliated individual or other individual,
without evicting, removing, terminating
assistance to, or otherwise penalizing a victim
of such criminal activity who is also a tenant
or lawful occupant of the housing.
``(ii) Effect of eviction on other
tenants.--If public housing agency or owner or
manager of housing assisted under a covered
housing program evicts, removes, or terminates
assistance to an individual under clause (i),
and the individual is the sole tenant eligible
to receive assistance under a covered housing
program, the public housing agency or owner or
manager of housing assisted under the covered
housing program shall provide any remaining
tenant an opportunity to establish eligibility
for the covered housing program. If a tenant
described in the preceding sentence cannot
establish eligibility, the public housing
agency or owner or manager of the housing shall
provide the tenant a reasonable time, as
determined by the appropriate agency, to find
new housing or to establish eligibility for
housing under another covered housing program.
``(C) Rules of construction.--Nothing in
subparagraph (A) shall be construed--
``(i) to limit the authority of a public
housing agency or owner or manager of housing
assisted under a covered housing program, when
notified of a court order, to comply with a
court order with respect to--
``(I) the rights of access to or
control of property, including civil
protection orders issued to protect a
victim of domestic violence, dating
violence, sexual assault, or stalking;
or
``(II) the distribution or
possession of property among members of
a household in a case;
``(ii) to limit any otherwise available
authority of a public housing agency or owner
or manager of housing assisted under a covered
housing program to evict or terminate
assistance to a tenant for any violation of a
lease not premised on the act of violence in
question against the tenant or an affiliated
person of the tenant, if the public housing
agency or owner or manager does not subject an
individual who is or has been a victim of
domestic violence, dating violence, or stalking
to a more demanding standard than other tenants
in determining whether to evict or terminate;
``(iii) to limit the authority to terminate
assistance to a tenant or evict a tenant from
housing assisted under a covered housing
program if a public housing agency or owner or
manager of the housing can demonstrate that an
actual and imminent threat to other tenants or
individuals employed at or providing service to
the property would be present if the assistance
is not terminated or the tenant is not evicted;
or
``(iv) to supersede any provision of any
Federal, State, or local law that provides
greater protection than this section for
victims of domestic violence, dating violence,
sexual assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for, or
tenant of, housing assisted under a covered housing program
represents to a public housing agency or owner or manager of
the housing that the individual is entitled to protection under
subsection (b), the public housing agency or owner or manager
may request, in writing, that the applicant or tenant submit to
the public housing agency or owner or manager a form of
documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or tenant does
not provide the documentation requested under paragraph
(1) within 14 business days after the tenant receives a
request in writing for such certification from a public
housing agency or owner or manager of housing assisted
under a covered housing program, nothing in this
chapter may be construed to limit the authority of the
public housing agency or owner or manager to--
``(i) deny admission by the applicant or
tenant to the covered program;
``(ii) deny assistance under the covered
program to the applicant or tenant;
``(iii) terminate the participation of the
applicant or tenant in the covered program; or
``(iv) evict the applicant, the tenant, or
a lawful occupant that commits violations of a
lease.
``(B) Extension.--A public housing agency or owner
or manager of housing may extend the 14-day deadline
under subparagraph (A) at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the
appropriate agency that--
``(i) states that an applicant or tenant is
a victim of domestic violence, dating violence,
sexual assault, or stalking;
``(ii) states that the incident of domestic
violence, dating violence, sexual assault, or
stalking that is the ground for protection
under subsection (b) meets the requirements
under subsection (b); and
``(iii) includes the name of the individual
who committed the domestic violence, dating
violence, sexual assault, or stalking, if the
name is known and safe to provide;
``(B) a document that--
``(i) is signed by--
``(I) an employee, agent, or
volunteer of a victim service provider,
an attorney, a medical professional, or
a mental health professional from whom
an applicant or tenant has sought
assistance relating to domestic
violence, dating violence, sexual
assault, or stalking, or the effects of
the abuse; and
``(II) the applicant or tenant; and
``(ii) states under penalty of perjury that
the individual described in clause (i)(I)
believes that the incident of domestic
violence, dating violence, sexual assault, or
stalking that is the ground for protection
under subsection (b) meets the requirements
under subsection (b);
``(C) a record of a Federal, State, tribal,
territorial, or local law enforcement agency, court, or
administrative agency; or
``(D) at the discretion of a public housing agency
or owner or manager of housing assisted under a covered
housing program, a statement or other evidence provided
by an applicant or tenant.
``(4) Confidentiality.--Any information submitted to a
public housing agency or owner or manager under this
subsection, including the fact that an individual is a victim
of domestic violence, dating violence, sexual assault, or
stalking shall be maintained in confidence by the public
housing agency or owner or manager and may not be entered into
any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual
in writing;
``(B) required for use in an eviction proceeding
under subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public housing
agency or owner or manager of housing assisted under a covered
housing program to request that an individual submit
documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or
stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under a
covered housing program based on documentation received under
this subsection, shall not be sufficient to constitute evidence
of an unreasonable act or omission by the public housing agency
or owner or manager or an employee or agent of the public
housing agency or owner or manager. Nothing in this paragraph
shall be construed to limit the liability of a public housing
agency or owner or manager of housing assisted under a covered
housing program for failure to comply with subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under a
covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant or
tenant to submit third-party documentation, as described in
subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State, or
local law that provides greater protection than this subsection
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of individuals
under this section, including the right to confidentiality and
the limits thereof.
``(2) Provision.--Each public housing agency or owner or
manager of housing assisted under a covered housing program
shall provide the notice developed under paragraph (1),
together with the form described in subsection (c)(3)(A), to an
applicant for or tenants of housing assisted under a covered
housing program--
``(A) at the time the applicant is denied residency
in a dwelling unit assisted under the covered housing
program;
``(B) at the time the individual is admitted to a
dwelling unit assisted under the covered housing
program;
``(C) with any notification of eviction or
notification of termination of assistance; and
``(D) in multiple languages, consistent with
guidance issued by the Secretary of Housing and Urban
Development in accordance with Executive Order 13166
(42 U.S.C. 2000d-1 note; relating to access to services
for persons with limited English proficiency).
``(e) Emergency Transfers.--Each appropriate agency shall adopt a
model emergency transfer plan for use by public housing agencies and
owners or managers of housing assisted under covered housing programs
that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to transfer to
another available and safe dwelling unit assisted under a
covered housing program if--
``(A) the tenant expressly requests the transfer;
and
``(B)(i) the tenant reasonably believes that the
tenant is threatened with imminent harm from further
violence if the tenant remains within the same dwelling
unit assisted under a covered housing program; or
``(ii) in the case of a tenant who is a victim of
sexual assault, the sexual assault occurred on the
premises during the 90 day period preceding the request
for transfer; and
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager does
not disclose the location of the dwelling unit of a tenant to a
person that commits an act of domestic violence, dating
violence, sexual assault, or stalking against the tenant.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish policies and
procedures under which a victim requesting an emergency transfer under
subsection (e) may receive, subject to the availability of tenant
protection vouchers, assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)).
``(g) Implementation.--The appropriate agency with respect to each
covered housing program shall implement this section, as this section
applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--
(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and
that an incident or incidents of actual or
threatened domestic violence, dating violence,
or stalking will not be construed as a serious
or repeated violation of the lease by the
victim or threatened victim of that violence
and will not be good cause for terminating the
tenancy or occupancy rights of the victim of
such violence''; and
(ii) in paragraph (6), by striking ``;
except that'' and all that follows through
``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and
that an applicant or participant is or has been
a victim of domestic violence, dating violence,
or stalking is not an appropriate basis for
denial of program assistance or for denial of
admission if the applicant otherwise qualifies
for assistance or admission''; and
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``,
and that an incident or incidents of
actual or threatened domestic violence,
dating violence, or stalking will not
be construed as a serious or repeated
violation of the lease by the victim or
threatened victim of that violence and
will not be good cause for terminating
the tenancy or occupancy rights of the
victim of such violence''; and
(II) in clause (iii), by striking
``, except that:'' and all that follows
through ``stalking.'';
(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at
the end;
(ii) in paragraph (7), by striking the
semicolon at the end and inserting a period;
and
(iii) by striking paragraphs (8), (9),
(10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the
last sentence;
(ii) in paragraph (7)--
(I) in subparagraph (C), by
striking ``and that an incident or
incidents of actual or threatened
domestic violence, dating violence, or
stalking shall not be construed as a
serious or repeated violation of the
lease by the victim or threatened
victim of that violence and shall not
be good cause for terminating the
tenancy or occupancy rights of the
victim of such violence''; and
(II) in subparagraph (D), by
striking ``; except that'' and all that
follows through ``stalking.''; and
(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to
any person under section 6 or 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437d and 1437f), as in
effect on the day before the date of enactment of this
Act;
(B) to limit any right, remedy, or procedure
otherwise available under any provision of part 5, 91,
880, 882, 883, 884, 886, 891, 903, 960, 966, 982, or
983 of title 24, Code of Federal Regulations, that--
(i) was issued under the Violence Against
Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162; 119 Stat.
2960) or an amendment made by that Act; and
(ii) provides greater protection for
victims of domestic violence, dating violence,
sexual assault, and stalking than this Act; or
(C) to disqualify an owner, manager, or other
individual from participating in or receiving the
benefits of the low income housing tax credit program
under section 42 of the Internal Revenue Code of 1986
because of noncompliance with the provisions of this
Act.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Chapter 11 of the Violence Against Women Act of 1994 (42 U.S.C.
13975 et seq.) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and inserting
``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``child victims of
domestic violence, stalking, or sexual assault'' and
inserting ``victims of domestic violence, dating
violence, sexual assault, or stalking'';
(B) in subsection (a)(1), by striking ``fleeing'';
and
(C) in subsection (g)--
(i) in paragraph (1), by striking
``$40,000,000 for each of fiscal years 2007
through 2011'' and inserting ``$35,000,000 for
each of fiscal years 2012 through 2016''; and
(ii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``eligible'' and inserting
``qualified''; and
(II) by adding at the end the
following:
``(D) Qualified application defined.--In this
paragraph, the term `qualified application' means an
application that--
``(i) has been submitted by an eligible
applicant;
``(ii) does not propose any significant
activities that may compromise victim safety;
``(iii) reflects an understanding of the
dynamics of domestic violence, dating violence,
sexual assault, or stalking; and
``(iv) does not propose prohibited
activities, including mandatory services for
victims, background checks of victims, or
clinical evaluations to determine eligibility
for services.''.
SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C.
14043e et seq.) is amended--
(1) in section 41404(i) (42 U.S.C. 14043e-3(i)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years 2012
through 2016''; and
(2) in section 41405(g) (42 U.S.C. 14043e-4(g)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years 2012
through 2016''.
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501(e) of the Violence Against Women Act of 1994 (42
U.S.C. 14043f(e)) is amended by striking ``fiscal years 2007 through
2011'' and inserting ``fiscal years 2012 through 2016''.
TITLE VIII--IMMIGRATION PROVISIONS
SEC. 801. APPLICATION OF SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.
Section 240A(b)(2) of the Immigration and Nationality Act (8 U.S.C.
1229b) is amended by striking subparagraph (D) and inserting the
following:
``(D) Credible evidence considered.--In
adjudicating applications under this paragraph, the
Secretary of Homeland Security shall consider any
credible evidence relevant to the application,
including credible evidence submitted by a national of
the United States or an alien lawfully admitted for
permanent residence accused of the conduct described in
subparagraph (A)(i). The determination of what evidence
is credible and the weight to be given that evidence
shall be within the sole discretion of the Secretary of
Homeland Security.
``(E) Fraud detection efforts.--
``(i) In general.--Upon filing of an
application under this paragraph, the Director
of United States Citizenship and Immigration
Services shall--
``(I) review such an application
for completeness and clear indicators
of fraud or misrepresentation of
material fact;
``(II) conduct an in-person
interview of the alien who filed the
application; and
``(III) facilitate cooperation
between the service center that
adjudicates all applications under this
paragraph and the local service centers
that have the resources to investigate
and interview the applicant to review
any evidence that may pertain to the
application.
``(ii) Guidelines.--The Director may issue
guidelines for alternatives to the in-person
interview so long as the guidelines do not
jeopardize national security and include
measures to detect fraud and abuse.
``(iii) Evidence.--The Director may gather
other evidence and interview other witnesses,
including the accused United States citizen or
legal permanent resident, if such individual
consents to be interviewed.
``(F) Priority of ongoing immigration and law
enforcement investigations or prosecutions.--
``(i) Determination.--During the
adjudication of an application under this
paragraph, the Director shall determine whether
any Federal, State, territorial, tribal, or
local law enforcement agency has undertaken an
investigation or prosecution of the petitioning
alien for--
``(I) conduct relating to the
battering or abuse alleged by the
petitioning alien under this paragraph;
``(II) a violation of any
immigration law; or
``(III) a violation of any other
criminal law.
``(ii) Use of information.--If such an
investigation or prosecution was commenced, the
investigative officer of United States
Citizenship and Immigration Services shall--
``(I) obtain as much information as
possible about the investigation or
prosecution; and
``(II) consider that information as
part of the adjudication of the
application.
``(iii) Pending investigation.--If such an
investigation or prosecution is pending, the
adjudication of the application shall be stayed
pending the conclusion of the investigation or
prosecution. If no investigation has been
undertaken or if a prosecutor's office has not
commenced a prosecution after the matter was
referred to it, that fact shall be considered
by the investigative officer as part of the
adjudication of the application.
``(iv) Effect of determination to remove or
indict.--If such an investigation determines
that the alien is removable, or if the alien is
indicted, the application under this paragraph
shall be denied.
``(v) Effect of not guilty determination.--
If an investigation has been undertaken and a
determination was made that a prosecution was
not warranted or if a criminal proceeding finds
the United States citizen or legal permanent
resident not guilty of the charges, such
determination shall be binding and the
application under this paragraph shall be
denied.
``(G) Effect of material misrepresentation.--If an
alien makes a material misrepresentation during the
application process under this paragraph, the Secretary
of Homeland Security shall--
``(i) deny the application and remove the
alien on an expedited basis; and
``(ii) make the alien ineligible for any
taxpayer funded benefits or immigration
benefits.''.
SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLICABLE TO U VISAS.
Section 214(p)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(p)(1)) is amended as follows:
(1) By striking ``The petition'' and inserting the
following:
``(A) In general.--The petition''.
(2) By adding at the end the following:
``(B) Certification requirements.--Each
certification submitted under subparagraph (A) shall
confirm under penalty of perjury that--
``(i) the petitioner reported the criminal
activity to a law enforcement agency within 120
days of its occurrence;
``(ii) the statute of limitations for
prosecuting an offense based on the criminal
activity has not lapsed;
``(iii) the criminal activity is actively
under investigation or a prosecution has been
commenced; and
``(iv) the petitioner has provided to a law
enforcement agency information that will assist
in identifying the perpetrator of the criminal
activity, or the perpetrator's identity is
known.
``(C) Requirement for certification.--No
application for a visa under section 101(a)(15)(U) may
be granted unless accompanied by the certification as
described in this paragraph.''.
SEC. 803. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.
(a) In General.--Section 214 of the Immigration and Naturalization
Act (8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (3)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in paragraph (3)(B)(i).'';
and
(B) in paragraph (3)(B)(i), by striking ``abuse,
and stalking.'' And inserting ``abuse, stalking, or an
attempt to commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and
inserting ``crime described in paragraph (5)(B) and
information on any permanent protection or restraining
order issued against the petitioner related to any
specified crime described in subsection (5)(B)(i).'';
and
(B) in paragraph (5)(B)(i), by striking ``abuse,
and stalking.'' and inserting ``abuse, stalking, or an
attempt to commit any such crime.''.
(b) Provision of Information to K Non-immigrants.--Section 883 of
the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a) is amended in subsection (b)(1)(A), by striking ``or'' after
``orders'' and inserting ``and''.
SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Implementation of the International Marriage Broker Act of
2005.--Not later than 90 days after the date of the enactment of this
Act, the Attorney General shall submit to Congress a report that
includes the name of the component of the Department of Justice
responsible for prosecuting violations of the International Marriage
Broker Act of 2005 (subtitle D of Public Law 109-162; 119 Stat. 3066)
and the amendments made by this title.
(b) Regulation of International Marriage Brokers.--Section 833(d)
of the International Marriage Broker Regulation Act of 2005 (8 U.S.C.
1375a(d)) is amended as follows:
(1) By amending paragraph (1) to read as follows:
``(1) Prohibition on marketing of or to children.--
``(A) In general.--An international marriage broker
shall not provide any individual or entity with
personal contact information, photograph, or general
information about the background or interests of any
individual under the age of 18.
``(B) Compliance.--To comply with the requirements
of subparagraph (A), an international marriage broker
shall--
``(i) obtain a valid copy of each foreign
national client's birth certificate or other
proof of age document issued by an appropriate
government entity;
``(ii) indicate on such certificate or
document the date it was received by the
international marriage broker;
``(iii) retain the original of such
certificate or document for 5 years after such
date of receipt; and
``(iv) produce such certificate or document
upon request to an appropriate authority
charged with the enforcement of this
paragraph.''.
(2) In paragraph (2)(B)(ii), by striking ``or stalking.''
and inserting ``stalking, or an attempt to commit any such
crime.''.
(3) In paragraph (5)(B)--
(A) by striking ``In circumstances'' and inserting
the following:
``(i) In general.--In circumstances''; and
(B) by adding at the end the following:
``(ii) Fraudulent failures of united states
clients to make required self-disclosures.--A
person who knowingly and with intent to defraud
another person outside the United States in
order to recruit, solicit, entice, or induce
that other person into entering a dating or
matrimonial relationship, makes false or
fraudulent representations regarding the
disclosures described in clause (i), (ii),
(iii), or (iv) of subsection (d)(2)(B),
including by failing to make any such
disclosures, shall be fined in accordance with
title 18, United States Code, imprisoned for
not more than 1 year, or both.''.
SEC. 805. GAO REPORT.
(a) Requirement for Report.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives a report
regarding the adjudication of petitions and applications under section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) and the self-petitioning process for VAWA self-
petitioners (as that term is defined in section 101(a)(51) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(51)).
(b) Contents.--The report required by subsection (a) shall--
(1) assess the efficiency and reliability of the process
for reviewing such petitions and applications, including
whether the process includes adequate safeguards against fraud
and abuse; and
(2) identify possible improvements to the adjudications of
petitions and applications in order to reduce fraud and abuse.
SEC. 806. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY PURPOSES.
(a) Information Sharing.--Section 384(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(b)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary of Homeland Security
or the'' before ``Attorney General may''; and
(B) by inserting ``Secretary's or the'' before
``Attorney General's discretion'';
(2) in paragraph (2)--
(A) by inserting ``Secretary of Homeland Security
or the'' before ``Attorney General may'';
(B) by inserting ``Secretary or the'' before
``Attorney General for''; and
(C) by inserting ``in a manner that protects the
confidentiality of such information'' after ``law
enforcement purpose'';
(3) in paragraph (5), by striking ``Attorney General is''
and inserting ``Secretary of Homeland Security and the Attorney
General are''; and
(4) by adding at the end a new paragraph as follows:
``(8) Notwithstanding subsection (a)(2), the Secretary of
Homeland Security, the Secretary of State, or the Attorney
General may provide in the discretion of either such Secretary
or the Attorney General for the disclosure of information to
national security officials to be used solely for a national
security purpose in a manner that protects the confidentiality
of such information.''.
(b) Guidelines.--Section 384(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)) is amended
by inserting ``and severe forms of trafficking in persons or criminal
activity listed in section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(u))'' after ``domestic
violence''.
(c) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Attorney General and Secretary of Homeland
Security shall provide the guidance required by section 384(d) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1367(d)), consistent with the amendments made by subsections (a)
and (b).
(d) Clerical Amendment.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1986 is amended
by striking ``241(a)(2)'' in the matter following subparagraph (F) and
inserting ``237(a)(2)''.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
Section 2015(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended--
(1) in paragraph (2), by inserting ``sex trafficking,''
after ``sexual assault,'';
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after
``sexual assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after
``stalking,''; and
(B) by striking the period at the end and inserting
a semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of children
exposed to domestic violence, dating violence, sexual assault,
or stalking, including support for the nonabusing parent or the
caretaker of the child; and
``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes against
Indian women, including the crimes of domestic violence, dating
violence, sexual assault, sex trafficking, and stalking.''.
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.
Section 2001(d) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) developing and promoting State, local, or
tribal legislation and policies that enhance best
practices for responding to violent crimes against
Indian women, including the crimes of domestic
violence, dating violence, sexual assault, stalking,
and sex trafficking.''; and
(2) in paragraph (2)(B), by striking ``individuals or''.
SEC. 903. CONSULTATION.
Section 903 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women
Act of 2000'' and inserting ``, the Violence Against
Women Act of 2000''; and
(B) by inserting ``, and the Violence Against Women
Reauthorization Act of 2011'' before the period at the
end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Secretary of the Department of Health and
Human Services'' and inserting ``Secretary of Health
and Human Services, the Secretary of the Interior,'';
and
(B) in paragraph (2), by striking ``and stalking''
and inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to Congress
an annual report on the annual consultations required under subsection
(a) that--
``(1) contains the recommendations made under subsection
(b) by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by
the report to respond to recommendations made under subsection
(b) during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the Secretary of
the Interior to address the recommendations made under
subsection (b).
``(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall notify
tribal leaders of the date, time, and location of the consultation.''.
SEC. 904. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) In General.--Section 113 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Assault with intent to commit murder or a violation
of section 2241 or 2242, by a fine under this title,
imprisonment for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under
chapter 109A'' and inserting ``violation of section
2241 or 2242'';
(C) in paragraph (3) by striking ``and without just
cause or excuse,'';
(D) in paragraph (4), by striking ``six months''
and inserting ``1 year'';
(E) in paragraph (5), by striking ``1 year,'' and
inserting ``5 years,'';
(F) in paragraph (7)--
(i) by striking ``substantial bodily injury
to an individual who has not attained the age
of 16 years'' and inserting ``substantial
bodily injury to a spouse or intimate partner,
a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a
fine''; and
(G) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for not
more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--
'' and inserting the following:
``(b) Definitions.--In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means knowingly or recklessly
impeding the normal breathing or circulation of the blood of a
person by applying pressure to the throat or neck, regardless
of whether that conduct results in any visible injury or
whether there is any intent to kill or protractedly injure the
victim; and
``(5) the term `suffocating' means knowingly or recklessly
impeding the normal breathing of a person by covering the mouth
of the person, the nose of the person, or both, regardless of
whether that conduct results in any visible injury or whether
there is any intent to kill or protractedly injure the
victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18, United
States Code, is amended by striking ``assault with intent to commit
murder, assault with a dangerous weapon, assault resulting in serious
bodily injury (as defined in section 1365 of this title)'' and
inserting ``a felony assault under section 113''.
(c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United
States Code, is amended by inserting ``or tribal'' after ``State''.
SEC. 905. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) In General.--Section 904(a) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10
note) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting
``Not later than 2 years after the date of enactment of
the Violence Against Women Reauthorization Act of 2011,
the National''; and
(B) by inserting ``and in Native villages'' (as
defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602))'' before the period at
the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and
inserting ``the Violence Against Women Reauthorization Act of
2011''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $500,000 for each of fiscal years 2012 and 2013''.
(b) Authorization of Appropriations.--Section 905(b)(2) of the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (28 U.S.C. 534 note) is amended by striking ``fiscal years 2007
through 2011'' and inserting ``fiscal years 2012 through 2016''.
SEC. 906. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
enactment of this Act.
SEC. 907. TRIBAL PROTECTION ORDERS.
Section 2265(e) of title 18, United States Code, is amended--
(1) in the subsection heading, by striking ``Court
Jurisdiction'' and inserting ``Protection Orders'';
(2) by striking ``For purposes of this section'' and
inserting the following:
``(1) Tribal court jurisdiction.--For purposes of this
section and subject to paragraph (2)''; and
(3) by adding at the end the following:
``(2) United states court jurisdiction.--
``(A) In general.--An Indian tribe may petition a
district court of the United States in whose district
the tribe is located for an appropriately tailored
protection order excluding any person from areas within
the Indian country of the tribe.
``(B) Required showing.--The court shall issue a
protection order prohibiting the person identified in a
petition under subparagraph (A) from entering all or
part of the Indian country of the tribe upon a showing
that--
``(i) the person identified in the petition
has assaulted an Indian spouse or intimate
partner who resides or works in such Indian
country, or an Indian child who resides with or
is in the care or custody of such spouse or
intimate partner; and
``(ii) a protection order is reasonably
necessary to protect the safety and well-being
of the spouse, intimate partner, or child
described in clause (i).
``(C) Factors to consider.--In determining the
areas from which the person identified in a protection
order issued under subparagraph (B) shall be excluded,
the court shall consider all appropriate factors,
including the places of residence, work, or school of--
``(i) the person identified in the
protection order; and
``(ii) the spouse, intimate partner, or
child described in subparagraph (B)(i).
``(D) Penalty for willful violation.--A person who
willfully violates a protection order issued under
subparagraph (B) shall be punished as provided in
section 2261(b).''.
TITLE X--VIOLENT CRIME AGAINST WOMEN
SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.
(a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of title 18,
United States Code, is amended to read as follows:
``(b) Of a Ward.--
``(1) Offenses.--It shall be unlawful for any person to
knowingly engage, or knowingly attempt to engage, in a sexual
act with another person who is--
``(A) in official detention or supervised by, or
otherwise under the control of, the United States--
``(i) during arrest;
``(ii) during pretrial release;
``(iii) while in official detention or
custody; or
``(iv) while on probation, supervised
release, or parole;
``(B) under the professional custodial,
supervisory, or disciplinary control or authority of
the person engaging or attempting to engage in the
sexual act; and
``(C) at the time of the sexual act--
``(i) in the special maritime and
territorial jurisdiction of the United States;
``(ii) in a Federal prison, or in any
prison, institution, or facility in which
persons are held in custody by direction of, or
pursuant to a contract or agreement with, the
United States; or
``(iii) under supervision or other control
by the United States, or by direction of, or
pursuant to a contract or agreement with, the
United States.
``(2) Penalties.--A person that violates paragraph (1)
shall--
``(A) be fined under this title, imprisoned for not
more than 15 years, or both; and
``(B) if, in the course of committing the violation
of paragraph (1), the person engages in conduct that
would constitute an offense under section 2241 or 2242
if committed in the special maritime and territorial
jurisdiction of the United States, be subject to the
penalties provided for under section 2241 or 2242,
respectively.''.
(b) Penalties for Sexual Abuse.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 250. Penalties for sexual abuse
``(a) Offense.--It shall be unlawful for any person, in the course
of committing an offense under this chapter or under section 901 of the
Fair Housing Act (42 U.S.C. 3631) to engage in conduct that would
constitute an offense under chapter 109A if committed in the special
maritime and territorial jurisdiction of the United States.
``(b) Penalties.--A person that violates subsection (a) shall be
subject to the penalties under the provision of chapter 109A that would
have been violated if the conduct was committed in the special maritime
and territorial jurisdiction of the United States, unless a greater
penalty is otherwise authorized by law.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``250. Penalties for sexual abuse.''.
SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.
(a) Suits by Prisoners.--Section 7(e) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(e)) is amended by
inserting before the period at the end the following: ``or the
commission of a sexual act (as defined in section 2246 of title 18,
United States Code)''.
(b) United States as Defendant.--Section 1346(b)(2) of title 28,
United States Code, is amended by inserting before the period at the
end the following: ``or the commission of a sexual act (as defined in
section 2246 of title 18)''.
(c) Adoption and Effect of National Standards.--Section 8 of the
Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization Act
of 2011, the Secretary of Homeland Security shall publish a
final rule adopting national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in facilities that maintain custody of aliens detained
for a violation of the immigrations laws of the United States.
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to detention facilities operated by the
Department of Homeland Security and to detention facilities
operated under contract with the Department.
``(3) Compliance.--The Secretary of Homeland Security
shall--
``(A) assess compliance with the standards adopted
under paragraph (1) on a regular basis; and
``(B) include the results of the assessments in
performance evaluations of facilities completed by the
Department of Homeland Security.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall give
due consideration to the recommended national standards
provided by the Commission under section 7(e).
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization Act
of 2011, the Secretary of Health and Human Services shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of rape and
sexual assault in facilities that maintain custody of
unaccompanied alien children (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to facilities operated by the Department of
Health and Human Services and to facilities operated under
contract with the Department.
``(3) Compliance.--The Secretary of Health and Human
Services shall--
``(A) assess compliance with the standards adopted
under paragraph (1) on a regular basis; and
``(B) include the results of the assessments in
performance evaluations of facilities completed by the
Department of Health and Human Services.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human Services shall
give due consideration to the recommended national standards
provided by the Commission under section 7(e).''.
SEC. 1003. REPORT ON COMPLIANCE WITH THE DNA FINGERPRINT ACT OF 2005.
(a) Report Required.--Not later than 180 days after date of the
enactment of this Act, the Secretary of Homeland Security shall prepare
and submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
that--
(1) describes, in detail, the measures and procedures taken
by the Secretary to comply with any regulation promulgated
pursuant to section 3(e)(1) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(e)(1)); and
(2) provides a detailed explanation of the circumstances
and specific cases, if available, in which--
(A) the Secretary failed to comply with any
regulation promulgated pursuant to such section
3(e)(1);
(B) the Secretary requested the Attorney General
approve additional limitations to, or exceptions from,
any regulation promulgated pursuant to such section
3(e)(1); or
(C) the Secretary consulted with the Attorney
General to determine that the collection of DNA samples
is not feasible because of operational exigencies or
resource limitations.
SEC. 1004. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)) is amended by adding at the end the following:
``(C) For each of fiscal years 2012 through 2014,
not less than 75 percent of the total grant amounts
shall be awarded for a combination of purposes under
paragraphs (2) and (3) of subsection (a).''.
SEC. 1005. REPORT ON CAPACITY UTILIZATION.
(a) Report Required.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall prepare a study on the availability of services for victims of
domestic violence, dating violence, sexual assault, and stalking.
(b) Content.--The report required by subsection (a) shall address
the following:
(1) The services or categories of services that are
currently being offered or provided to victims of domestic
violence, dating violence, sexual assault, and stalking.
(2) The approximate number of victims receiving these
services.
(3) The approximate number of victims, and the percentage
of the total population of victims, who request services but
are not provided services.
(4) The reasons why victims are not provided services,
including--
(A) shelter or service organization lack of
resources;
(B) shelter or organization limitations not
associated with funding;
(C) geographical, logistical, or physical barriers;
(D) characteristics of the perpetrator; and
(E) characteristics or background of the victim.
(5) For any refusal to provide services to a victim, the
reasons for the denial of services, including victim
characteristics or background, including--
(A) employment history;
(B) criminal history;
(C) illegal or prescription drug use;
(D) financial situation;
(E) status of the victim as a parent;
(F) personal hygiene;
(G) current or past disease or illness;
(H) religious association or belief;
(I) physical characteristics of the victim or the
provider facility
(J) gender;
(K) race;
(L) national origin or status as alien;
(M) failure to follow shelter or organization rules
or procedures;
(N) previous contact or experiences with the
shelter or service organization; or
(O) any other victim characteristic or background
that is determined to be the cause of the denial of
services.
(6) The frequency or prevalence of denial of services from
organizations who receive Federal funds.
(7) The frequency or prevalence of denial of service from
organizations who do not receive Federal funds.
SEC. 1006. MANDATORY MINIMUM SENTENCE FOR AGGRAVATED SEXUAL ABUSE.
Section 2241 of title 18, United States Code, is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 10 years or imprisoned for life'';
and
(2) in subsection (b), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 5 years or imprisoned for life''.
SEC. 1007. REMOVAL OF DRUNK DRIVERS.
(a) In General.--Section 101(a)(43)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by striking ``for
which the term of imprisonment'' and inserting ``, including a third
drunk driving conviction, regardless of the States in which the
convictions occurred or whether the offenses are classified as
misdemeanors or felonies under State or Federal law, for which the term
of imprisonment is''.
(b) Effective Date and Application.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
(2) Application.--
(A) In general.--Except as provided in subparagraph
(B), the amendment made by subsection (a) shall apply
to a conviction for drunk driving that occurred before,
on, or after such date.
(B) Two or more prior convictions.--An alien who
has received two or more convictions for drunk driving
prior to the date of the enactment of this Act may not
be subject to removal for the commission of an
aggravated felony pursuant to section 101(a)(43)(F) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)(F)), as amended by subsection (a), on the
basis of such convictions until the date that the alien
is convicted of a drunk driving offense after such date
of enactment.
SEC. 1008. ENHANCED PENALTIES FOR INTERSTATE DOMESTIC VIOLENCE
RESULTING IN DEATH, LIFE-THREATENING BODILY INJURY,
PERMANENT DISFIGUREMENT, AND SERIOUS BODILY INJURY.
Section 2261(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``not less than 15
years'' after ``any term of years'';
(2) in paragraph (2), by striking ``20 years'' and
inserting ``25 years''; and
(3) in paragraph (3), by striking ``10 years'' and
inserting ``15 years''.
SEC. 1009. FINDING FUGITIVE SEX OFFENDERS ACT.
(a) In General.--Section 3486(a)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i)(II), by striking ``or'' at the
end;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) an unregistered sex offender
conducted by the United States Marshals
Service, the Director of the United States
Marshals Service; or''; and
(2) in subparagraph (D)--
(A) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) the term `sex offender' means an
individual required to register under the Sex
Offender Registration and Notification Act (42
U.S.C. 16901 et seq.).''.
(b) Technical and Conforming Amendments.--Section 3486(a) of title
18, United States Code, is amended--
(1) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';
(2) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(3) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''.
(c) Subpoena Authority.--Section 566(e)(1) of title 28, United
States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance
with section 3486 of title 18, solely for the purpose
of investigating unregistered sex offenders (as defined
in such section 3486).''.
SEC. 1010. MINIMUM PENALTIES FOR THE POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not less than 1 year nor more
than 20 years, or if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not less
than 1 year nor more than 20 years, or if''.
SEC. 1011. AUDIT OF OFFICE FOR VICTIMS OF CRIME.
(a) Audit.--The Comptroller General of the United States shall
conduct an objective and credible audit of the expenditure of funds by
the Office for Victims of Crime (in this section referred to as the
``Office'') from the Crime Victims Fund established under section 1402
of the Victims of Crime Act of 1984 (42 U.S.C. 10601) (in this section
referred to as the ``Fund'').
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report regarding the audit conducted under
subsection (a) that--
(1) addresses whether the Office provides amounts from the
Fund to individuals or entities that support individuals who
are not victims of crime;
(2) addresses whether the Office is authorized to provide
amounts from the Fund to individuals or entities described in
paragraph (1);
(3) addresses whether the Office provides amounts from the
Fund for legal services for victims of crime; and
(4) if the Office no longer provides amounts from the Fund
for the services described in paragraph (3), contains an
explanation for why the Office no longer provides amounts for
such services.
TITLE XI--THE SAFER ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Sexual Assault Forensic Evidence
Registry Act of 2012'' or the ``SAFER Act of 2012''.
SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2012 through 2016, not less than 7 percent of the
grant amounts distributed under paragraph (1) shall be awarded
for the purpose described in subsection (a)(6).''; and
(3) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State or
unit of local government--
``(A) submits a plan for performing the audit of
samples described in such subsection; and
``(B) includes in such plan a good-faith estimate
of the number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6) shall--
``(A) not later than 1 year after receiving such
grant--
``(i) complete the audit referred to in
paragraph (1)(A) in accordance with the plan
submitted under such paragraph; and
``(ii) for each sample of sexual assault
evidence identified in such audit, subject to
paragraph (4), enter into the Sexual Assault
Forensic Evidence Registry established under
subsection (o) the information listed in
subsection (o)(2);
``(B) not later than 21 days after receiving
possession of a sample of sexual assault evidence that
was not in the possession of the State or unit of local
government at the time of such audit, subject to
paragraph (4), enter into the Sexual Assault Forensic
Evidence Registry the information listed in subsection
(o)(2) with respect to the sample; and
``(C) not later than 30 days after a change in the
status referred to in subsection (o)(2)(A)(v) of a
sample with respect to which the State or unit of local
government has entered information into such Registry,
update such status.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph (2)(A)
to a State or unit of local government that demonstrates that
more time is required for compliance with such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2) to
enter into the Registry described in such paragraph information
with respect to a sample of sexual assault evidence if--
``(A) the sample is not considered criminal
evidence (such as a sample collected anonymously from a
victim who is unwilling to make a criminal complaint);
or
``(B) the sample relates to a sexual assault for
which the prosecution of each perpetrator is barred by
a statute of limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting
testing' means, with respect to a sample of sexual
assault evidence, that--
``(i) the sample has been collected and is
in the possession of a State or unit of local
government;
``(ii) DNA and other appropriate forensic
analyses have not been performed on such
sample; and
``(iii) the sample is related to a criminal
case or investigation in which final
disposition has not yet been reached.
``(B) Final disposition.--The term `final
disposition' means, with respect to a criminal case or
investigation to which a sample of sexual assault
evidence relates--
``(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
``(ii) a determination by the State or unit
of local government in possession of the sample
that the case is unfounded; or
``(iii) a declaration by the victim of the
crime involved that the act constituting the
basis of the crime was not committed.
``(C) Possession.--
``(i) In general.--The term `possession',
used with respect to possession of a sample of
sexual assault evidence by a State or unit of
local government, includes possession by an
individual who is acting as an agent of the
State or unit of local government for the
collection of the sample.
``(ii) Rule of construction.--Nothing in
clause (i) shall be construed to create or
amend any Federal right or privilege for a
private laboratory described in regulations
promulgated under section 210303 of the DNA
Identification Act of 1994 (42 U.S.C.
14131).''.
SEC. 1103. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.
(a) In General.--Section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135), as amended by section 1102 of this
title, is further amended by adding at the end the following new
subsection:
``(o) Sexual Assault Forensic Evidence Registry.--
``(1) In general.--Subject to subsection (j), not later
than 1 year after the date of enactment of the SAFER Act of
2012, the Attorney General shall establish a Sexual Assault
Forensic Evidence Registry (in this subsection referred to as
the `Registry') that--
``(A) allows States and units of local government
to enter information into the Registry about samples of
sexual assault evidence that are in the possession of
such States or units of local government and are
awaiting testing; and
``(B) tracks the testing and processing of such
samples.
``(2) Information in registry.--
``(A) In general.--A State or unit of local
government that chooses to enter information into the
Registry about a sample of sexual assault evidence
shall include the following information:
``(i) The date of the sexual assault to
which the sample relates.
``(ii) The city, county, or other
appropriate locality in which the sexual
assault occurred.
``(iii) The date on which the sample was
collected.
``(iv) The date on which information
relating to the sample was entered into the
Registry.
``(v) The status of the progression of the
sample through testing and other stages of the
evidentiary handling process, including the
identity of the entity in possession of the
sample.
``(vi) The date or dates after which the
State or unit of local government would be
barred by any applicable statutes of
limitations from prosecuting a perpetrator of
the sexual assault for the sexual assault.
``(vii) Such other information as the
Attorney General considers appropriate.
``(B) Personally identifiable information.--The
Attorney General shall ensure that the Registry does
not include personally identifiable information or
details about a sexual assault that might lead to the
identification of the individuals involved, except for
the information listed in subparagraph (A).
``(3) Sample identification number.--
``(A) In general.--A State or unit of local
government that chooses to enter information about a
sample of sexual assault evidence into the Registry
shall assign to the sample a unique numeric or
alphanumeric identifier.
``(B) Unique identifier required.--In assigning the
identifier under subparagraph (A), a State or unit of
local government may use a case-numbering system used
for other purposes, but the Attorney General shall
ensure that the identifier assigned to each sample is
unique with respect to all samples entered by all
States and units of local government.
``(4) Update of information.--A State or unit of local
government that chooses to enter information about a sample of
sexual assault evidence into the Registry shall, not later than
30 days after a change in the status of the sample referred to
in paragraph (2)(A)(v), update such status.
``(5) Internet access.--The Attorney General shall make
publicly available aggregate non-individualized and non-
personally identifying data gathered from the Registry, to
allow for comparison of backlog data by States and units of
local government, on an appropriate Internet website.
``(6) Technical assistance.--The Attorney General shall--
``(A) provide a means by which an entity that does
not have access to the Internet may enter information
into the Registry; and
``(B) provide the technical assistance necessary to
allow States and units of local government to
participate in the Registry.''.
(b) Funding.--Section 2(j) of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135(j)) is amended--
(1) by inserting ``and for carrying out subsection (o)''
after ``for grants under subsection (a)''; and
(2) by adding at the end the following new sentence: ``For
each of fiscal years 2012 through 2016, not less than 1 percent
of the amount authorized to be appropriated under the previous
sentence for such fiscal year shall be for carrying out
subsection (o).''
SEC. 1104. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(6) of the DNA
Analysis Backlog Elimination Act of 2000, as added by section 1102 of
this title, the Attorney General shall submit to Congress a report
that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1102 of this
title; and
(3) summarizes the processing status of the samples of
sexual assault evidence about which information has been
entered into the Sexual Assault Forensic Evidence Registry
established under section 2(o) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1103(a) of this
title, including the number of samples that have not been
tested.
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