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S 1925 IS

112th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 1925CommentsClose CommentsPermalink

To reauthorize the Violence Against Women Act of 1994.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

November 30, 2011CommentsClose CommentsPermalink

Mr. LEAHY (for himself and Mr. CRAPO, Mr. CRAPO, Mr. KIRK, Mr. DURBIN, Mr. KOHL, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mrs. BOXER, Mr. FRANKEN, Mr. SCHUMER, Mr. WHITEHOUSE, Mr. KERRY, Mr. ROCKEFELLER, Mrs. SHAHEEN, Mrs. MURRAY, Mr. HARKIN, Ms. STABENOW, Mr. CASEY, Mrs. GILLIBRAND, Mr. REED, Mr. CARDIN, Mr. LAUTENBERG, Mr. LEVIN, Mr. SANDERS, Mrs. FEINSTEIN, Mr. COONS, Ms. MURKOWSKI, Mr. BEGICH, Mr. WYDEN, Ms. COLLINS, Ms. MIKULSKI, Mr. BROWN of Massachusetts, Mr. BINGAMAN, Ms. CANTWELL, Ms. LANDRIEU, Mr. MENENDEZ, Mrs. HAGAN, Mr. JOHNSON of South Dakota, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reauthorize the Violence Against Women Act of 1994.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Violence Against Women Reauthorization Act of 2011’. CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title. CommentsClose CommentsPermalink





Sec. 2. Table of contents. CommentsClose CommentsPermalink





Sec. 3. Universal definitions and grant conditions. CommentsClose CommentsPermalink





Sec. 4. Effective date. CommentsClose CommentsPermalink

TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN

Sec. 101. Stop grants. CommentsClose CommentsPermalink





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





Sec. 103. Legal assistance for victims. CommentsClose CommentsPermalink





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





Sec. 105. Sex offender management. CommentsClose CommentsPermalink





Sec. 106. Court-appointed special advocate program. CommentsClose CommentsPermalink





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





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





Sec. 109. Culturally specific services grant. CommentsClose CommentsPermalink

TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 201. Sexual assault services program. CommentsClose CommentsPermalink





Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance. CommentsClose CommentsPermalink





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





Sec. 204. Grant for training and services to end violence against womenEnhanced training and services to end abuse in later life. CommentsClose CommentsPermalink

TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE

Sec. 301. Rape prevention and education grant. CommentsClose CommentsPermalink





Sec. 302. Creating hope through outreach, options, services, and education for children and youth. CommentsClose CommentsPermalink





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





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

TITLE IV--VIOLENCE REDUCTION PRACTICES

Sec. 401. Study conducted by the centers for disease control and prevention. CommentsClose CommentsPermalink





Sec. 402. Saving money and reducing tragedies through prevention grants. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink





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





Sec. 603. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking. CommentsClose CommentsPermalink

TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

Sec. 701. National Resource Center on Workplace Responses to assist victims of domestic and sexual violence. CommentsClose CommentsPermalink

TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS

Sec. 801. U nonimmigrant definition. CommentsClose CommentsPermalink





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





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





Sec. 804. Public charge. CommentsClose CommentsPermalink





Sec. 805. Requirements applicable to U visas. CommentsClose CommentsPermalink





Sec. 806. Hardship waivers. CommentsClose CommentsPermalink





Sec. 807. Employment authorization.Sec. 808. Protections for a fiancee or fiance of a citizen. CommentsClose CommentsPermalink





Sec. 8098. Regulation of international marriage brokers. CommentsClose CommentsPermalink





Sec. 81009. Eligibility of crime and trafficking victims in the Commonwealth of the Northern Mariana Islands to adjust status. CommentsClose CommentsPermalink

TITLE IX--SAFETY FOR INDIAN WOMEN

Sec. 901. Grants to Indian tribal governments. CommentsClose CommentsPermalink





Sec. 902. Grants to Indian tribal coalitions. CommentsClose CommentsPermalink





Sec. 903. Consultation. CommentsClose CommentsPermalink





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





Sec. 905. Tribal protection orders. CommentsClose CommentsPermalink





Sec. 906. Amendments to the Federal assault statute. CommentsClose CommentsPermalink





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





Sec. 908. Effective dates; pilot project. CommentsClose CommentsPermalink





Sec. 909. Indian law and order commission. CommentsClose CommentsPermalink

TITLE X--OTHER MATTERS

Sec. 1001. Criminal provisions relating to sexual abuse. CommentsClose CommentsPermalink





Sec. 1002. Sexual abuse in custodial settings. CommentsClose CommentsPermalink





Sec. 1003. Anonymous online harassment. CommentsClose CommentsPermalink





Sec. 1004. Stalker database. CommentsClose CommentsPermalink





Sec. 1005. Federal victim assistants reauthorization. CommentsClose CommentsPermalink





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





Sec. 1007. Mandatory minimum sentence. CommentsClose CommentsPermalink





Sec. 1008. Removal of drunk drivers. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) by redesignating-- CommentsClose CommentsPermalink





(A) paragraph (1) as paragraph (2); CommentsClose CommentsPermalink





(B) paragraph (2) as paragraph (4);(C) paragraphs (3) through (5) as paragraphs (5) through (73); CommentsClose CommentsPermalink





(C) paragraphs (3) and (4) as paragraphs (4) and (5), respectively; CommentsClose CommentsPermalink





(D) paragraphs (6) through (9) as paragraphs (10) through (138) through (11), respectively; CommentsClose CommentsPermalink





(E) paragraphs (10) through (16) as paragraphs (15) through (213) through (19), respectively; CommentsClose CommentsPermalink





(F) paragraph (18) as paragraph (220); CommentsClose CommentsPermalink





(G) paragraphs (19) and (20) as paragraphs (25) and (263) and (24), respectively; CommentsClose CommentsPermalink





(H) paragraphs (21) and (22) as paragraphs (28) and (29through (23) as paragraphs (26) through (28), respectively; CommentsClose CommentsPermalink





(I) paragraphs (234) through (33) as paragraphs (31) through (410) through (39), respectively; CommentsClose CommentsPermalink





(J) paragraphs (34) and (35) as paragraphs (43) and (44); and CommentsClose CommentsPermalink





(K) paragraph (37) as paragraph (475); CommentsClose CommentsPermalink





(2) by inserting before paragraph (2), as redesignated, the following: CommentsClose CommentsPermalink





‘(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.).’; CommentsClose CommentsPermalink





(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 (4in paragraph (3), as redesignated, by striking ‘serious harm.’ and inserting ‘serious harm to an unemancipated minor.’; CommentsClose CommentsPermalink




(5) in paragraph (54) in paragraph (4), 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--’; CommentsClose CommentsPermalink





(6) by inserting after paragraph5) by striking paragraph (5), as in effect before the amendments made by this subsection; CommentsClose CommentsPermalink





(6) by inserting after paragraph (7), as redesignated, the following: CommentsClose CommentsPermalink





‘(86) CULTURALLY SPECIFIC SERVICES- The term ‘culturally specific services’ means community-based services that offer include culturally relevant and linguistically specific services and resources to culturally specific communities. CommentsClose CommentsPermalink





‘(97) 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)).’; CommentsClose CommentsPermalink





(7) in paragraph (10), as redesignated, by8), as redesignated, by inserting ‘or intimate partner’ after ‘former spouse’ and ‘as a spouse’; CommentsClose CommentsPermalink





(8) by inserting after paragraph (13), as redesignated, the following:‘(141), as redesignated, the following: CommentsClose CommentsPermalink





‘(12) HOMELESS- The term ‘homeless’ has the meaning provided in42 U.S.C. 14043e-2(6).’; CommentsClose CommentsPermalink





(9) in paragraph (18), as redesignated, by inserting ‘or Village Public Safety Officers’ after ‘government victim service programs; CommentsClose CommentsPermalink





(10) in paragraph (21), as redesignated, by inserting at the end the following: CommentsClose CommentsPermalink





‘Intake or referral, by itself, does not constitute legal assistance.’; CommentsClose CommentsPermalink





(101) by striking paragraph (17), as in effect before the amendments made by this subsection; CommentsClose CommentsPermalink





(112) by amending paragraph (220), as redesignated, to read as follows: CommentsClose CommentsPermalink





‘(220) 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-- CommentsClose CommentsPermalink





‘(A) a first and last name; CommentsClose CommentsPermalink





‘(B) a home or other physical address; CommentsClose CommentsPermalink





‘(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number); CommentsClose CommentsPermalink





‘(D) a social security number, driver license number, passport number, or student identification number; and CommentsClose CommentsPermalink





‘(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.’; CommentsClose CommentsPermalink





(123) by inserting after paragraph (22), as redesignated, the following:‘(230), as redesignated, the following: CommentsClose CommentsPermalink





‘(21) 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. CommentsClose CommentsPermalink





‘(242) 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.’; CommentsClose CommentsPermalink





(13) in paragraph (254) in paragraph (23), as redesignated, by striking ‘services’ and inserting ‘assistance’; CommentsClose CommentsPermalink





(145) by inserting after paragraph (26), as redesignated, the following:‘(274), as redesignated, the following: CommentsClose CommentsPermalink





‘(25) 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 in42 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.’; CommentsClose CommentsPermalink





(15) in paragraph (286) in paragraph (26), as redesignated-- CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘or’ after the semicolon; CommentsClose CommentsPermalink





(B) in subparagraph (B), by striking the period and inserting ‘; or’; and CommentsClose CommentsPermalink





(C) by inserting at the end the following: CommentsClose CommentsPermalink





‘(C) any federally recognized Indian tribe.’; CommentsClose CommentsPermalink





(16) in paragraph (29), as redesignated,7) in paragraph (27), as redesignated-- CommentsClose CommentsPermalink





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





(B) by striking ‘150,000’ and inserting ‘250,000’; CommentsClose CommentsPermalink





(17) by inserting after paragraph (29), as redesignated, the following:‘(308) by striking paragraph (28), as redesignated, and inserting the following: CommentsClose CommentsPermalink





‘(28) 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.’; CommentsClose CommentsPermalink





(19) by inserting after paragraph (28), as redesignated, the following: CommentsClose CommentsPermalink





‘(29) SEX TRAFFICKING- The term ‘sex trafficking’ means any conduct proscribed by18 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.’; CommentsClose CommentsPermalink





(18) by striking paragraph (3120) by striking paragraph (35), as redesignated, and inserting the following: CommentsClose CommentsPermalink





‘(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.’;(195) TRIBAL COALITION- The term ‘tribal coalition’ means an established nonprofit, nongovernmental Indian organization or a Native Hawaiian organization that-- CommentsClose CommentsPermalink





‘(A) provides education, support, and technical assistance to member Indian service providers in a manner that enables those member providers to establish and maintain culturally appropriate services, including shelter and rape crisis services, designed to assist Indian women and the dependents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and CommentsClose CommentsPermalink





‘(B) is comprised of board and general members that are representative of-- CommentsClose CommentsPermalink





‘(i) the member service providers described in subparagraph (A); and CommentsClose CommentsPermalink





‘(ii) the tribal communities in which the services are being provided;’; CommentsClose CommentsPermalink





(21) by amending paragraph (4139), as redesignated, to read as follows: CommentsClose CommentsPermalink





‘(4139) 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, religion, sexual orientation, gender identity, 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.’; CommentsClose CommentsPermalink





(202) by inserting after paragraph (41), as redesignated, the following:‘(4239), as redesignated, the following: CommentsClose CommentsPermalink





‘(40) 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.’; CommentsClose CommentsPermalink





(213) by striking paragraph (36), as in effect before the amendments made by this subsection, and inserting the following: CommentsClose CommentsPermalink





‘(451) VICTIM SERVICES OR SERVICES- The terms ‘victim services’ and ‘services’ mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, includings 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. CommentsClose CommentsPermalink





‘(462) 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 or advocates for 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 CommentsClose CommentsPermalink





(22) by striking paragraph (474) by striking paragraph (43), as redesignated, and inserting the following: CommentsClose CommentsPermalink





‘(473) YOUTH- The term ‘youth’ means a person who is 11 to 24 years old.’. CommentsClose CommentsPermalink





(b) Grants Conditions- Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended-- CommentsClose CommentsPermalink





(1) in paragraph (2)-- CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





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.’; CommentsClose CommentsPermalink





(B) by amending subparagraph (D), to read as follows: CommentsClose CommentsPermalink





‘(D) INFORMATION SHARING- CommentsClose CommentsPermalink





‘(i) Grantees and subgrantees may share-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(II) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and CommentsClose CommentsPermalink





‘(III) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes. CommentsClose CommentsPermalink





‘(ii) In no circumstances may-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(C) by redesignating subparagraph (E) as subparagraph (F); CommentsClose CommentsPermalink





(D) by inserting after subparagraph (D) the following: CommentsClose CommentsPermalink





‘(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, whereand specifically mandated by the State or tribe involved.’; and CommentsClose CommentsPermalink





(E) by inserting after subparagraph (F), as redesignated, the following: CommentsClose CommentsPermalink





‘(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES- Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section.’; CommentsClose CommentsPermalink





(2) by striking paragraph (3) and inserting the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(3) in paragraph (7), by inserting at the end the following: CommentsClose CommentsPermalink





‘Final reports of such evaluations shall be made available to the public via the agency’s website.’; and CommentsClose CommentsPermalink





(4) by inserting after paragraph (11) the following: CommentsClose CommentsPermalink





‘(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)). CommentsClose CommentsPermalink





‘(13) CIVIL RIGHTS- CommentsClose CommentsPermalink





‘(A) NONDISCRIMINATION- No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, 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 ofPublic 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. CommentsClose CommentsPermalink





‘(B) EXCEPTION- If gender segregation or gendersex segregation or sex-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 sex. In such circumstances, alternative reasonable accommodations are sufficient tograntees may meet the requirements of this paragraph by providing comparable services to individuals who cannot be provided with the sex-segregated or sex-specific programming. CommentsClose CommentsPermalink





‘(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)authority of the Attorney General and the Office of Justice Programs to enforce this paragraph shall be the same as it is undersection 3789d of title 42, United States Code. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(14) CLARIFICATION OF VICTIM SERVICES AND LEGAL ASSISTANCE- Victim services and legal assistance provided under this title mayunder this title also 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). CommentsClose CommentsPermalink





‘(15) CONFERRAL- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Office on Violence Against Women shall establish a biennial conferral process with State and tribal coalitions and technical assistance providers who receive funding through grants administered by the Office on Violence Against Women and authorized by this Act, and other key stakeholders. CommentsClose CommentsPermalink





‘(B) AREAS COVERED- The areas of conferral under this paragraph shall include-- CommentsClose CommentsPermalink





‘(i) the administration of grants; CommentsClose CommentsPermalink





‘(ii) unmet needs; CommentsClose CommentsPermalink





‘(iii) promising practices in the field; and CommentsClose CommentsPermalink





‘(iv) emerging trends. CommentsClose CommentsPermalink





‘(C) INITIAL CONFERRAL- The first conferral shall be initiated not later than 6 months after the date of enactment of the Violence Against Women Reauthorization Act of 2011. CommentsClose CommentsPermalink





‘(D) REPORT- Not later than 90 days after the conclusion of each conferral period, the Office on Violence Against Women shall publish a comprehensive report that-- CommentsClose CommentsPermalink





‘(i) summarizes the issues presented during conferral and what, if any, policies it intends to implement to address those issues; CommentsClose CommentsPermalink





and‘(ii) is made available to the public on the Office on Violence Against Women’s website and submitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. CommentsClose CommentsPermalink





‘(16) ACCOUNTABILITY- All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions: CommentsClose CommentsPermalink





‘(A) AUDIT REQUIREMENT- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Beginning in the first fiscal year beginning after the date of the enactment of this Act, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. CommentsClose CommentsPermalink





‘(ii) DEFINITION- In this paragraph, the term ‘unresolved audit finding’ means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. CommentsClose CommentsPermalink





‘(iii) 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 following 2 fiscal years. CommentsClose CommentsPermalink





‘(iv) PRIORITY- In awarding grants under this Act, the Attorney General shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this Act. CommentsClose CommentsPermalink





‘(v) 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 paragraph (2), the Attorney General shall-- CommentsClose CommentsPermalink





‘(I) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and CommentsClose CommentsPermalink





‘(II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. CommentsClose CommentsPermalink





‘(B) NONPROFIT ORGANIZATION REQUIREMENTS- CommentsClose CommentsPermalink





‘(i) DEFINITION- For purposes of this paragraph 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. CommentsClose CommentsPermalink





‘(ii) PROHIBITION- The Attorney General may 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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(C) CONFERENCE EXPENDITURES- CommentsClose CommentsPermalink





‘(i) LIMITATION- No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. CommentsClose CommentsPermalink





‘(ii) WRITTEN APPROVAL- Written approval under clause (i) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. CommentsClose CommentsPermalink





‘(iii) REPORT- The Deputy Attorney General 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 approved conference expenditures referenced in paragraph (1)this paragraph. CommentsClose CommentsPermalink





‘(D) ANNUAL CERTIFICATION- Beginning in the first fiscal year beginning after the date of the enactment of this Act, the Attorney General 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-- CommentsClose CommentsPermalink





‘(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; CommentsClose CommentsPermalink





‘(ii) all mandatory exclusions required under subparagraph (A)(iii) have been issued; CommentsClose CommentsPermalink





‘(iii) all reimbursements required under subparagraph (A)(v) have been made; and CommentsClose CommentsPermalink





‘(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.’. CommentsClose CommentsPermalink

TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(2) in section 2001(b) (42 U.S.C. 3796gg(b))-- CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking ‘equipment’ and inserting ‘resources’; and CommentsClose CommentsPermalink





(ii) by inserting ‘for the protection and safety of victims,’ after ‘women,’; CommentsClose CommentsPermalink





(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, including the appropriate use of nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a))’; CommentsClose CommentsPermalink





(C) in paragraph (2), by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(E) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and CommentsClose CommentsPermalink





(ii) by inserting ‘, classifying,’ after ‘identifying’; CommentsClose CommentsPermalink





(F) in paragraph (5)-- CommentsClose CommentsPermalink





(i) by inserting ‘and legal assistance’ after ‘victim services’; CommentsClose CommentsPermalink





(ii) by striking ‘domestic violence and dating violence’ and inserting ‘domestic violence, dating violence, and stalking’;(iii) by striking and CommentsClose CommentsPermalink





(iii) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; CommentsClose CommentsPermalink





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; CommentsClose CommentsPermalink




(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’; CommentsClose CommentsPermalink





(I) in paragraph (7), as redesignated by subparagraph (G), by striking ‘and dating violence’ and inserting ‘dating violence, and stalking’; CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(K) in paragraph (12), as redesignated by subparagraph (G)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





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





(L) in paragraph (13), as redesignated by subparagraph (G)-- CommentsClose CommentsPermalink





(i) by striking ‘to provide’ and inserting ‘providing’; CommentsClose CommentsPermalink





(ii) by striking ‘nonprofit nongovernmental’; CommentsClose CommentsPermalink





(iii) by striking the comma after ‘local governments’; CommentsClose CommentsPermalink





and(i (iv) in the matter following subparagraph (C), by striking ‘paragraph (14)’ and inserting ‘paragraph (13)’; and CommentsClose CommentsPermalink





(v) by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink





(M) by inserting after paragraph (13), as redesignated by subparagraph (G), the following: CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(19) developing, enlarging, or strengthening programs and projects to provide services and responses targeting male and female victims of domestic violence, dating violence, sexual assault, or stalking, whose ability to access traditional services and responses is affected by their sexual orientation or gender identity, as defined insection 249(c) of title 18, United States Code; and CommentsClose CommentsPermalink





‘(20) 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.’; CommentsClose CommentsPermalink





and

(N) in the flush text at the end, by striking ‘paragraph (14)’ and inserting ‘paragraph (13)’;

(3) in section 2007 (42 U.S.C. 3796gg-1)-- CommentsClose CommentsPermalink




(A) in subsection (a), by striking ‘nonprofit nongovernmental victim service programs’ and inserting ‘victim service providers’; CommentsClose CommentsPermalink





(B) in subsection (b)(6), by striking ‘(not including populations of Indian tribes)’; CommentsClose CommentsPermalink





(C) in subsection (c)-- CommentsClose CommentsPermalink





(i) by striking paragraph (2) and inserting the following: CommentsClose CommentsPermalink





‘(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with-- CommentsClose CommentsPermalink





‘(A) the State sexual assault coalition; CommentsClose CommentsPermalink





‘(B) the State domestic violence coalition; CommentsClose CommentsPermalink





‘(C) the law enforcement entities within the State; CommentsClose CommentsPermalink





‘(D) prosecution offices; CommentsClose CommentsPermalink





‘(E) State and local courts; CommentsClose CommentsPermalink





‘(F) Tribal governments in those States with State or federally recognized Indian tribes; CommentsClose CommentsPermalink





‘(G) representatives from underserved populations, including culturally specific populations; CommentsClose CommentsPermalink





‘(H) victim service providers; CommentsClose CommentsPermalink





‘(I) population specific organizations; and CommentsClose CommentsPermalink





‘(J) other entities that the State or the Attorney General identifies as needed for the planning process;’; CommentsClose CommentsPermalink





(ii) by striking paragraph (4);(iii) by redesignating paragraph (3) as paragraph (4); CommentsClose CommentsPermalink





(ivii) by inserting after paragraph (2), as amended by clause (i), the following: CommentsClose CommentsPermalink





‘(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 inrograms described in section 1404 of the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.3) and section 393A of the Public Health Service Act (42 U.S.C. 280b-1b).’; CommentsClose CommentsPermalink





(iv) in paragraph (4), as redesignated by clause (ii)-- CommentsClose CommentsPermalink





(I) in subparagraph (A), by striking ‘and not less than 25 percent shall be allocated for prosecutors’; CommentsClose CommentsPermalink





(II) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); CommentsClose CommentsPermalink





(III) by inserting after subparagraph (A), the following: CommentsClose CommentsPermalink





‘(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

( and CommentsClose CommentsPermalink





(IV) in subparagraph (D) as redesignated by subclause (II) by striking ‘for’ and inserting ‘to’; and CommentsClose CommentsPermalink





(vi) by adding at the end the following:‘(5) not later than 3) by adding at the end the following: CommentsClose CommentsPermalink





‘(5) not later than 2 years after the date of enactment of this Act, and every year thereafter, not less than 250 percent of the total amount granted to a State under this subchapter shall be allocated for programs or projects in 2 or more allocations listed in paragraph (4) 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.’; CommentsClose CommentsPermalink





(D) by striking subsection (d) and inserting the following: CommentsClose CommentsPermalink





‘(d) Application Requirements- An application for a grant under this section shall include-- CommentsClose CommentsPermalink





‘(1) the certifications of qualification required under subsection (c); CommentsClose CommentsPermalink





‘(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 2010; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 2013 of this title; CommentsClose CommentsPermalink





‘(5) an implementation plan required under subsection (i); and CommentsClose CommentsPermalink





‘(6) any other documentation that the Attorney General may require.’; CommentsClose CommentsPermalink





(E) in subsection (e)-- CommentsClose CommentsPermalink





(i) in paragraph (2)-- CommentsClose CommentsPermalink





(I) in subparagraph (A), by striking ‘domestic violence and sexual assault’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and CommentsClose CommentsPermalink





(II) in subparagraph (D), by striking ‘linguistically and culturally’ and inserting ‘population’; and CommentsClose CommentsPermalink





(ii) by adding at the end the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(G) by adding at the end the following: CommentsClose CommentsPermalink





‘(i) Implementation Plans- A State applying for a grant under this part shall-- CommentsClose CommentsPermalink





‘(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, including how the State will meet the requirements of subsection (c)(5); and CommentsClose CommentsPermalink





‘(2) submit to the Attorney General-- CommentsClose CommentsPermalink





‘(A) the implementation plan developed under paragraph (1); CommentsClose CommentsPermalink





‘(B) documentation from each member of the planning committee as to their participation in the planning process; CommentsClose CommentsPermalink





‘(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing-- CommentsClose CommentsPermalink





‘(i) the need for the grant funds; CommentsClose CommentsPermalink





‘(ii) the intended use of the grant funds; CommentsClose CommentsPermalink





‘(iii) the expected result of the grant funds; and CommentsClose CommentsPermalink





‘(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(F) a description of how the State plans to meet the requirements of subsection (c)(5gulations issued pursuant to subsection (e)(2); CommentsClose CommentsPermalink





‘(G) goals and objectives for reducing domestic violence-related homicides within the State; and CommentsClose CommentsPermalink





‘(H) any other information requested by the Attorney General. CommentsClose CommentsPermalink





‘(j) Reallocation of Funds- A State may use any returned or remaining funds for any authorized purpose under this part if-- CommentsClose CommentsPermalink





‘(1) funds from a subgrant awarded under this part are returned to the State; or CommentsClose CommentsPermalink





‘(2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subparagraphs (A) through (d) of subsection (c)(3),section (c)(4)’; CommentsClose CommentsPermalink





(4) in section 2010 (42 U.S.C. 3796gg-4)-- CommentsClose CommentsPermalink





(A) in subsection (a), by striking paragraph (1) and inserting the following: CommentsClose CommentsPermalink





‘(1) IN GENERAL- A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter unless the State, Indian tribal government, unit of local government, or another governmental entity-- CommentsClose CommentsPermalink





‘(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(B) in subsection (b)-- CommentsClose CommentsPermalink





(i) in paragraph (1), by inserting ‘or’ after the semicolon; CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘; or’ and inserting a period; and CommentsClose CommentsPermalink





(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 and CommentsClose CommentsPermalink




(C) by amending subsection (d) to read as follows: CommentsClose CommentsPermalink





‘(d) Noncooperation- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1))-- CommentsClose CommentsPermalink





(A) by inserting ‘modification, enforcement, dismissal, withdrawal’ after ‘registration,’ each place it appears; CommentsClose CommentsPermalink





and(B) by striking ‘ (B) by inserting ‘, dating violence, sexual assault, or stalking’ after ‘felony domestic violence’; and CommentsClose CommentsPermalink





(C) by striking ‘victim of domestic violence’ and all that follows through ‘sexual assault’ and inserting ‘victim of domestic violence, dating violence, sexual assault, or stalking’. CommentsClose CommentsPermalink

SEC. 102. GRANTS TO ENCOURAGE ARREST 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-- CommentsClose CommentsPermalink





(1) in section 2101 (42 U.S.C. 3796hh)-- CommentsClose CommentsPermalink





(A) in subsection (b)-- CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1), by striking ‘States,’ and all that follows through ‘units of local government’ and inserting ‘grantees’; CommentsClose CommentsPermalink





(ii) in paragraph (1), by inserting ‘and enforcement of protection orders across State and tribal lines’ before the period; CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(v) in paragraph (5), by inserting ‘and other victim services’ after ‘legal advocacy service programs’; CommentsClose CommentsPermalink





(vi) in paragraph (6), by striking ‘judges’ and inserting ‘Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel’; CommentsClose CommentsPermalink





(vii) in paragraph (8), by striking ‘and sexual assault’ and inserting ‘dating violence, sexual assault, and stalking’; CommentsClose CommentsPermalink





(viii) in paragraph (10), by striking ‘non-profit, non-governmental victim services organizations,’ and inserting ‘victim service providers, staff from population specific organizations,’; and CommentsClose CommentsPermalink





(ix) by adding at the end the following: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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 against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by-- CommentsClose CommentsPermalink





‘(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services; CommentsClose CommentsPermalink





‘(B) identifying and managing high-risk offenders; and CommentsClose CommentsPermalink





‘(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.’; CommentsClose CommentsPermalink





(B) in subsection (c)-- CommentsClose CommentsPermalink





(i) in paragraph (1)-- CommentsClose CommentsPermalink





(I) in the matter preceding subparagraph (A), by inserting ‘except for a court,’ before ‘certify’; and CommentsClose CommentsPermalink





(II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly; CommentsClose CommentsPermalink





(ii) in paragraph (2), by inserting ‘except for a court,’ before ‘demonstrate’; CommentsClose CommentsPermalink





(iii) in paragraph (3)-- CommentsClose CommentsPermalink





(I) by striking ‘spouses’ each place it appears and inserting ‘parties’; and CommentsClose CommentsPermalink





(II) by striking ‘spouse’ and inserting ‘party’; CommentsClose CommentsPermalink





(iv) in paragraph (4)-- CommentsClose CommentsPermalink





(I) by inserting ‘, dating violence, sexual assault, or stalking’ after ‘felony domestic violence’; CommentsClose CommentsPermalink





(II) by inserting ‘modification, enforcement, dismissal,’ after ‘registration,’ each place it appears; CommentsClose CommentsPermalink





(III) by inserting ‘dating violence,’ after ‘victim of domestic violence,’; and CommentsClose CommentsPermalink





(IIIV) by striking ‘and’ at the end; CommentsClose CommentsPermalink





(iv) in paragraph (5)-- CommentsClose CommentsPermalink





(I) in the matter preceding subparagraph (A), by striking ‘, not later than 3 years after the date of enactment of this section,’;(II) by inserting ‘, January 5, 2006’; CommentsClose CommentsPermalink





(II) by inserting ‘, trial of, or sentencing for’ after ‘investigation of’ each place it appears; CommentsClose CommentsPermalink





(III) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly; CommentsClose CommentsPermalink





(IV) in clause (ii), as redesignated by subclause (III) of this clause, by striking ‘subparagraph (A)’ and inserting ‘clause (i)’; and CommentsClose CommentsPermalink





(V) by striking the period at the end and inserting ‘; and’; CommentsClose CommentsPermalink





(vi) by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively; CommentsClose CommentsPermalink





(vi) in the i) in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph-- CommentsClose CommentsPermalink





(I) by striking the comma that immediately follows another comma; and CommentsClose CommentsPermalink





(II) by striking ‘grantees are States’ and inserting the following: ‘grantees are-- CommentsClose CommentsPermalink





‘(1) States’; and CommentsClose CommentsPermalink





(viii) by adding at the end the following: CommentsClose CommentsPermalink





‘(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).’; CommentsClose CommentsPermalink





(C) in subsection (d)-- CommentsClose CommentsPermalink





(i) in paragraph (1)-- CommentsClose CommentsPermalink





(I) in the matter preceding subparagraph (A), by inserting ‘, policy,’ after ‘law’; and CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) in paragraph (2), by striking ‘it’ and inserting ‘its’; and CommentsClose CommentsPermalink





(D) by adding at the end the following: CommentsClose CommentsPermalink





‘(f) Allocation for Tribal Coalitions- Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg). CommentsClose CommentsPermalink





‘(g) Allocation for Sexual Assault- Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 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 CommentsClose CommentsPermalink





(2) in section 2102(a) (42 U.S.C. 3796hh-1(a))-- CommentsClose CommentsPermalink





(A) in paragraph (1), by inserting ‘court,’ after ‘tribal government,’; and CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(1) by striking ‘$75,000,000’ and all that follows through ‘2011.’ and inserting ‘$703,000,000 for each of fiscal years 2012 through 2016.’; and CommentsClose CommentsPermalink





(2) by striking the period that immediately follows another period. CommentsClose CommentsPermalink

SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘arising as a consequence of’ and inserting ‘relating to or arising out of’; and CommentsClose CommentsPermalink





(B) in the second sentence, by inserting ‘or arising out of’ after ‘relating to’; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) in the heading, by inserting ‘and Grant Conditions’ after ‘Definitions’; and CommentsClose CommentsPermalink





(B) by inserting ‘and grant conditions’ after ‘definitions’; CommentsClose CommentsPermalink





(3) in subsection (c)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘victims services organizations’ and inserting ‘victim service providers’; and CommentsClose CommentsPermalink





(B) by striking paragraph (3) and inserting the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(4) in subsection (d)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘this section has completed’ and all that follows and inserting the following: ‘this section--’ CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘stalking organization’ and inserting ‘stalking victim service provider’; and CommentsClose CommentsPermalink





(5) in subsection (f) in paragraph (1), by striking ‘this section’ and all that follows and inserting the following: ‘this section $57,000,000 for each of fiscal years 2012 through 2016.’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

‘SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTSGRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.

‘(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. CommentsClose CommentsPermalink





‘(b) Use of Funds- A grant under this section may be used to-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(3) educate court-based and court-related personnel and court-appointed 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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(5) enable courts or court-based or court-related programs to develop or enhance-- CommentsClose CommentsPermalink





‘(A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services); CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(C) offender management, monitoring, and accountability programs; CommentsClose CommentsPermalink





‘(D) safe and confidential information-storage and information-sharing databases within and between court systems; CommentsClose CommentsPermalink





‘(E) education and outreach programs to improve community access, including enhanced access for underserved populations; and CommentsClose CommentsPermalink





‘(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; CommentsClose CommentsPermalink





‘(6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to-- CommentsClose CommentsPermalink





‘(A) victims of domestic violence; and CommentsClose CommentsPermalink





‘(B) nonoffending parents in matters-- CommentsClose CommentsPermalink





‘(i) that involve allegations of child sexual abuse; CommentsClose CommentsPermalink





‘(ii) that relate to family matters, including civil protection orders, custody, and divorce; and CommentsClose CommentsPermalink





‘(iii) in which the other parent is represented by counsel; CommentsClose CommentsPermalink





‘(7) 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 who are proceeding with the assistance of a legal advocate; and CommentsClose CommentsPermalink





‘(8) to improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system. CommentsClose CommentsPermalink





‘(c) Considerations- CommentsClose CommentsPermalink





‘(1) IN GENERAL- In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider-- CommentsClose CommentsPermalink





‘(A) the number of families to be served by the proposed programs and services; CommentsClose CommentsPermalink





‘(B) the extent to which the proposed programs and services serve underserved populations; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(d) Applicant Requirements- The Attorney General may make a grant under this section to an applicant that-- CommentsClose CommentsPermalink





‘(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(3) for a court-based program, certifies that victims of domestic violence, dating violence, sexual assault, or stalking are not charged fees or any other costs related to the filing, petitioning, modifying, issuance, registration, enforcement, withdrawal, or dismissal of matters relating to the domestic violence, dating violence, sexual assault, or stalking; CommentsClose CommentsPermalink





‘(4) 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; CommentsClose CommentsPermalink





‘(5) 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; CommentsClose CommentsPermalink





‘(6) 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 CommentsClose CommentsPermalink





‘(7) 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 organizationvictim service provider 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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(f) Allotment for Indian Tribes- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2) APPLICABILITY OF PART- The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).’. CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.) is repealed. CommentsClose CommentsPermalink

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.’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in section 216 (42 U.S.C. 13012), by striking ‘January 1, 2010’ and inserting ‘January 1, 2015’; CommentsClose CommentsPermalink





(2) in section 217 (42 U.S.C. 13013)-- CommentsClose CommentsPermalink





(A) by striking ‘Code of Ethics’ in section (c)(2) and inserting ‘Standards for Programs’; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink

SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING CYBERSTALKING.

(a) Interstate Domestic Violence-Section 2261(a)(1) of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by inserting ‘is present’ after ‘Indian Country or’; and CommentsClose CommentsPermalink





(2) by inserting ‘or presence’ after ‘as a result of such travel’; CommentsClose CommentsPermalink





(b) Stalking-Section 2261A of title 18, United States Code, is amended to read as follows: CommentsClose CommentsPermalink

‘Sec. 2261A. Stalking

‘Whoever-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) places that person in reasonable fear of the death of, or serious bodily injury to-- CommentsClose CommentsPermalink





‘(i) that person; CommentsClose CommentsPermalink





‘(ii) an immediate family member (as defined in section 115) of that person; or CommentsClose CommentsPermalink





‘(iii) a spouse or intimate partner of that person; or CommentsClose CommentsPermalink





‘(B) causes or, 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 CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(B) causes or, 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), CommentsClose CommentsPermalink





shall be punished as provided in section 2261(b) of this title.’. CommentsClose CommentsPermalink





(c) Interstate Violation of Protection Order-Section 2262(a)(2) of title 18, United States Code, is amended by inserting ‘is present’ after ‘Indian Country or’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.

‘(a) Grants Authorized- CommentsClose CommentsPermalink





‘(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 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 (32) shall not apply to this grant program. CommentsClose CommentsPermalink





‘(2) PROGRAMS COVERED- The programs covered by paragraph (21) are the programs carried out under the following provisions: CommentsClose CommentsPermalink





‘(A) Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (STOP GrantsGrants to Combat Violent Crimes Against Women). CommentsClose CommentsPermalink





‘(B) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program). CommentsClose CommentsPermalink





‘(b) Eligible Entities- Eligible entities under this section are-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(2) victim service providers offering population specific services for a specific underserved population; or CommentsClose CommentsPermalink





‘(3) victim service providers working in partnership with a national, State, tribal, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population. CommentsClose CommentsPermalink





‘(c) Planning Grants- The Attorney General may use up to 3025 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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific victim services; CommentsClose CommentsPermalink





‘(2) strengthening the capacity of underserved populations to provide population specific victim services; CommentsClose CommentsPermalink





‘(3) strengthening the capacity of traditional victim service providers to provide population specific services; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in the section heading, by striking ‘and linguistically’; CommentsClose CommentsPermalink





(2) by striking ‘and linguistically’ each place it appears; CommentsClose CommentsPermalink





(3) by striking ‘and linguistic’ each place it appears; CommentsClose CommentsPermalink





(4) by striking subsection (a)(2) and inserting: CommentsClose CommentsPermalink





‘(2) PROGRAMS COVERED- The programs covered by paragraph (1) are the programs carried out under the following provisions: CommentsClose CommentsPermalink





‘(A) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders). CommentsClose CommentsPermalink





‘(B) Section 14201 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-6) (Legal Assistance for Victims). CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(5) in subsection (g), by striking ‘linguistic and’. CommentsClose CommentsPermalink

TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(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.’; CommentsClose CommentsPermalink




(2) in paragraph (2)-- CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking ‘nonprofit, nongovernmental organizations for programs and activities’ and inserting ‘nongovernmental or tribal programs and activitieinserting ‘or tribal programs and activities’ after ‘nongovernmental organizations’; and CommentsClose CommentsPermalink





(B) in subparagraph (C)(v), by striking ‘linguistically and’; and CommentsClose CommentsPermalink





(3) in paragraph (4)-- CommentsClose CommentsPermalink





(A) by inserting ‘(including the District of Columbia and Puerto Rico)’ after ‘The Attorney General shall allocate to each State’; CommentsClose CommentsPermalink





(B) by striking ‘the District of Columbia, Puerto Rico,’ after ‘Guam’; CommentsClose CommentsPermalink





(C) by striking ‘0.125 percent’ and inserting ‘0.25 percent’; and CommentsClose CommentsPermalink





(D) by striking ‘The District of Columbia shall be treated as a territory for purposes of calculating its allocation under the preceding formula.’. CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in subsection (a)(1)(H), by inserting ‘, including sexual assault forensic examiners’ before the semicolon; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking ‘victim advocacy groups’ and inserting ‘victim service providers’; and CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(B) in paragraph (2)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





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





(C) in paragraph (3), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(D) by adding at the end the following: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(5) developing programs and strategies that focus on the specific needs of victims of domestic violence, dating violence, sexual assault, and stalking who reside in remote rural and geographically isolated areas, including addressing the challenges posed by the lack of access to shelters and victims services, and limited law enforcement resources and training, and providing training and resources to Community Health Aides involved in the delivery of Indian Health Service programs.’; and CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by inserting ‘(including using evidence-based indicators to assess the risk of domestic and dating violence homicide)’ after ‘risk reduction’; CommentsClose CommentsPermalink





(B) in paragraph (4), by striking ‘victim service organizations’ and inserting ‘victim service providers’; and CommentsClose CommentsPermalink





(C) in paragraph (5), by striking ‘victim services organizations’ and inserting ‘victim service providers’; CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink

SEC. 204. GRANT FORENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMENABUSE IN LATER LIFE.

Section 40802(a) In General- Subtitle H of the Violence Against Women Act of 1994 (42 U.S.C. 14041a et seq.) is amended to read as follows: CommentsClose CommentsPermalink

‘SEC. 40802. GRANT FORubtitle H--Enhanced Training and Services to End Abuse Later in Life CommentsClose CommentsPermalink

‘SEC. 40801. ENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMENABUSE IN LATER LIFE.

‘(a) Definitions- In this section-- CommentsClose CommentsPermalink





‘(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’ has the meaning given the term in section 2011 of the Social Security Act (42 U.S.C. 1397j); CommentsClose CommentsPermalink




‘(32) the term ‘later life’, relating to an individual, means the individual is 50 years of age or older; and CommentsClose CommentsPermalink





‘(43) 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. CommentsClose CommentsPermalink





‘(b) Grant Program- CommentsClose CommentsPermalink





‘(1) GRANTS AUTHORIZED- The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2). CommentsClose CommentsPermalink





‘(2) MANDATORY AND PERMISSIBLE ACTIVITIES- CommentsClose CommentsPermalink





‘(A) MANDATORY ACTIVITIES- An eligible entity receiving a grant under this section shall use the funds received under the grant to-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(ii) provide or enhance services for victims of elder abuseabuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; CommentsClose CommentsPermalink





‘(iii) establish or support multidisciplinary collaborative community responses to victims of elder abuseabuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and CommentsClose CommentsPermalink





‘(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 abuseabuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect. CommentsClose CommentsPermalink





‘(B) PERMISSIBLE ACTIVITIES- An eligible entity receiving a grant under this section may use not more than 10 percent of the funds the funds received under the grant to-- CommentsClose CommentsPermalink





‘(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 abuseabuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; or CommentsClose CommentsPermalink





‘(ii) conduct outreach activities and awareness campaigns to ensure that victims of elder abuseabuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect receive appropriate assistance. CommentsClose CommentsPermalink





‘(C) WAIVER- The Attorney General may waive 1 or more of the activities described in subparagraph (A) upon making a determination that the activity would duplicate services available in the community. CommentsClose CommentsPermalink





‘(D) LIMITATION- An eligible entity receiving a grant under this section may use not more than 10 percent of the total funds received under the grant for an activity described in subparagraph (B)(ii). CommentsClose CommentsPermalink





‘(3) ELIGIBLE ENTITIES- An entity shall be eligible to receive a grant under this section if-- CommentsClose CommentsPermalink





‘(A) the entity is-- CommentsClose CommentsPermalink





‘(i) a State; CommentsClose CommentsPermalink





‘(ii) a unit of local government; CommentsClose CommentsPermalink





‘(iii) a tribal government or tribal organization; CommentsClose CommentsPermalink





‘(iv) a population specific organization with demonstrated experience in assisting individuals over 50 years of age; CommentsClose CommentsPermalink





‘(v) a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; or CommentsClose CommentsPermalink





‘(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; and CommentsClose CommentsPermalink





‘(B) the entity demonstrates that it is part of a multidisciplinary partnership that includes, at a minimum-- CommentsClose CommentsPermalink





‘(i) a law enforcement agency; CommentsClose CommentsPermalink





‘(ii) a prosecutor’s office; CommentsClose CommentsPermalink





‘(iii) a victim service provider; and CommentsClose CommentsPermalink





‘(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life; CommentsClose CommentsPermalink





‘(4) UNDERSERVED POPULATIONS- In making grants under this section, the Attorney General shall give priority to proposals providing culturally specific or population specific services.‘(4services to culturally specific and underserved populations. CommentsClose CommentsPermalink





‘(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $69,000,000 for each of fiscal years 2012 through 2016.’. CommentsClose CommentsPermalink

TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE CommentsClose CommentsPermalink

SEC. 301. RAPE PREVENTION AND EDUCATION GRANT.

Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by inserting ‘, territorial or tribal’ after ‘crisis centers, State’; and CommentsClose CommentsPermalink





(B) in paragraph (6), by inserting ‘and alcohol’ after ‘about drugs’; and CommentsClose CommentsPermalink





(2) in subsection (c)-- CommentsClose CommentsPermalink





(A) in paragraph (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’; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(3) BASELINE FUNDING FOR STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO- A minimum allocation of $150,000 shall be awarded in each fiscal year for each of the States, the District of Columbia, and Puerto Rico. If any State, the A minimum allocation of $35,000 shall be awarded in each fiscal year for each Territory. Any unused or remaining funds shall be allotted to each State, the District of Columbia, orand Puerto Rico does not utilize its $150,000, such amount shall be redistributed on the basis of population.’. CommentsClose CommentsPermalink

SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH.

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: CommentsClose CommentsPermalink

‘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. CommentsClose CommentsPermalink





‘(b) Program Purposes- Funds provided under this section may be used for the following program purpose areas: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(B) develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, or stalking against youth; or CommentsClose CommentsPermalink





‘(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, and stalking, and to properly refer such children, youth, and their families to appropriate services. CommentsClose CommentsPermalink





‘(2) SUPPORTING YOUTH THROUGH EDUCATION AND PROTECTION- To enable middle schools, high schools, and institutions of higher education to-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(D) implement developmentally appropriate educational programming for students regarding domestic violence, dating violence, sexual assault, and stalking and the impact of such violence on youth; or CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Eligible Applicants- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To be eligible to receive a grant under this section, an entity shall be-- CommentsClose CommentsPermalink





‘(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 who are victims of domestic violence, dating violence, sexual assault, or stalking; or‘(B) a victim service , including runaway or homeless youth affected by, victims of domestic violence, dating violence, sexual assault, or stalking; CommentsClose CommentsPermalink





‘(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); or CommentsClose CommentsPermalink





‘(C) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense undersection 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. CommentsClose CommentsPermalink





‘(2) PARTNERSHIPS- CommentsClose CommentsPermalink





‘(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 undersection 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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) a State, tribe, unit of local government, or territory; CommentsClose CommentsPermalink





‘(ii) a population specific or community-based organization; CommentsClose CommentsPermalink





‘(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(d) Grantee Requirements- Applicants for grants under this section shall establish and implement policies, practices, and procedures that-- CommentsClose CommentsPermalink





‘(1) require and include appropriate referral systems for child and youth victims; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(g) Allotment- CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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) The requirements of this section shall not apply to funds allocated under this paragraph. CommentsClose CommentsPermalink





‘(h) Priority- The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by striking ‘stalking on campuses, and’ and inserting ‘stalking on campuses,’; CommentsClose CommentsPermalink





(ii) by striking ‘crimes against women on’ and inserting ‘crimes on’; and CommentsClose CommentsPermalink





(iii) by inserting ‘, and to develop and strengthen prevention education and awareness programs’ before the period; and CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘$500,000’ and inserting ‘$300,000’; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) in paragraph (2)-- CommentsClose CommentsPermalink





(i) by inserting ‘, strengthen,’ after ‘To develop’; and CommentsClose CommentsPermalink





(ii) by inserting ‘including the use of technology to commit these crimes,’ after ‘sexual assault and stalking,’; CommentsClose CommentsPermalink





(B) in paragraph (4)-- CommentsClose CommentsPermalink





(i) by inserting ‘and population specific services’ after ‘strengthen victim services programs’; CommentsClose CommentsPermalink





(ii) by striking ‘entities carrying out’ and all that follows through ‘stalking victim services programs’ and inserting ‘victim service providers’; and CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(9) To develop or adapt and provide developmental, culturally appropriate, and linguistically accessible print or electronic materials to address both prevention and intervention in domestic violence, dating violence, sexual violence, and stalking. CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(3) in subsection (c)-- CommentsClose CommentsPermalink





(A) in paragraph (2)-- CommentsClose CommentsPermalink





(i) in subparagraph (B), by striking ‘any non-profit’ and all that follows through ‘victim services programs’ and inserting ‘victim service providers’; CommentsClose CommentsPermalink





(ii) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and CommentsClose CommentsPermalink





(iii) by inserting after subparagraph (C), the following: CommentsClose CommentsPermalink





‘(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;’; and CommentsClose CommentsPermalink





(B) in paragraph (3), by striking ‘2007 through 2011’ and inserting ‘2012 through 2016’; CommentsClose CommentsPermalink





(4) in subsection (d)-- CommentsClose CommentsPermalink





(A) by redesignating paragraph (3) as paragraph (4); and CommentsClose CommentsPermalink





(B) by inserting after paragraph (2), the following: CommentsClose CommentsPermalink





‘(3) GRANTEE MINIMUM REQUIREMENTS- Each grantee shall comply with the following minimum requirements during the grant period: CommentsClose CommentsPermalink





‘(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution. CommentsClose CommentsPermalink





‘(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students. CommentsClose CommentsPermalink





‘(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking. CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(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.’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in paragraph (1)-- CommentsClose CommentsPermalink





(A) in subparagraph (C)(iii), by striking the period at the end and inserting ‘, when the victim of such crime elects or is unable to make such a report.’; and CommentsClose CommentsPermalink





(B) in subparagraph (F)-- CommentsClose CommentsPermalink





(i) in clause (i)(VIII), by striking ‘and’ after the semicolon; CommentsClose CommentsPermalink





(ii) in clause (ii)-- CommentsClose CommentsPermalink





(I) by striking ‘sexual orientation’ and inserting ‘ national origin, sexual orientation, gender identity,’; and CommentsClose CommentsPermalink





(II) by striking the period and inserting ‘; and’; and CommentsClose CommentsPermalink





(iii) by adding at the end the following: CommentsClose CommentsPermalink





‘(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.’; CommentsClose CommentsPermalink





(2) in paragraph (3), by inserting ‘, that withholds the names of victims as confidential,’ after ‘that is timely’; CommentsClose CommentsPermalink





(3) in paragraph (6)(A)-- CommentsClose CommentsPermalink





(A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; CommentsClose CommentsPermalink





(B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(4) in paragraph (7)-- CommentsClose CommentsPermalink





(A) by striking ‘paragraph (1)(F)’ and inserting ‘clauses (i) and (ii) of paragraph (1)(F)’; and CommentsClose CommentsPermalink





(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)).’; CommentsClose CommentsPermalink





(5) by striking paragraph (8) and inserting the following: CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and CommentsClose CommentsPermalink





‘(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported. CommentsClose CommentsPermalink





‘(B) The policy described in subparagraph (A) shall address the following areas: CommentsClose CommentsPermalink





‘(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include-- CommentsClose CommentsPermalink





‘(I) primary prevention and awareness programs for all incoming students and new employees, which shall include-- CommentsClose CommentsPermalink





‘(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; CommentsClose CommentsPermalink





‘(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; CommentsClose CommentsPermalink





‘(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; CommentsClose CommentsPermalink





‘(dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; CommentsClose CommentsPermalink





‘(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and CommentsClose CommentsPermalink





‘(ff) the information described in clauses (ii) through (vii); and CommentsClose CommentsPermalink





‘(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I). CommentsClose CommentsPermalink





‘(ii) 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. CommentsClose CommentsPermalink





‘(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(II) to whom the alleged offense should be reported; CommentsClose CommentsPermalink





‘(III) options regarding law enforcement and campus authorities, including notification of the victim’s option to-- CommentsClose CommentsPermalink





‘(aa) notify proper law enforcement authorities, including on-campus and local police; CommentsClose CommentsPermalink





‘(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and CommentsClose CommentsPermalink





‘(cc) decline to notify such authorities; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that-- CommentsClose CommentsPermalink





‘(I) such proceedings shall-- CommentsClose CommentsPermalink





‘(aa) provide a prompt and equitable investigation and resolution; and CommentsClose CommentsPermalink





‘(bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; CommentsClose CommentsPermalink





‘(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and CommentsClose CommentsPermalink





‘(III) both the accuser and the accused shall be simultaneously informed, in writing, of-- CommentsClose CommentsPermalink





‘(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; CommentsClose CommentsPermalink





‘(bb) the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; CommentsClose CommentsPermalink





‘(cc) of any change to the results that occurs prior to the time that such results become final; and CommentsClose CommentsPermalink





‘(dd) when such results become final. CommentsClose CommentsPermalink





‘(v) 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. CommentsClose CommentsPermalink





‘(vi) Notification of studentWritten notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. CommentsClose CommentsPermalink





‘(vii) NWritten 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. CommentsClose CommentsPermalink





‘(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).’; CommentsClose CommentsPermalink





(6) in paragraph (9), by striking ‘The Secretary’ and inserting ‘The Secretary, in consultation with the Attorney General of the United States,’; CommentsClose CommentsPermalink





(7) by striking paragraph (16) and inserting the following: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(8) by striking paragraph (17) and inserting the following: CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

TITLE IV--VIOLENCE REDUCTION PRACTICES CommentsClose CommentsPermalink

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 ‘$1,000,000 for each of the fiscal years 2012 through 2016’. CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

‘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. CommentsClose CommentsPermalink





‘(b) Use of Funds- Funds provided under this section may be used for the following purposes: CommentsClose CommentsPermalink





‘(1) TENEN 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-- CommentsClose CommentsPermalink





‘(A) age and developmentally-appropriate education 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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and CommentsClose CommentsPermalink





‘(D) policy development targeted to prevention, including school-based policies and protocols. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) ENGAGING MEN AS LEADERS AND ROLE MODELS- To develop, maintain or enhance programs that work with men to prevent domestic violence, dating violence, sexual assault, and stalking by helping men to serve as role models and social influencers of other men and youth at the individual, school, community or statewide levels. CommentsClose CommentsPermalink





‘(c) Eligible Entities- To be an eligibleeligible to receive a grant under this section, an entity shall be-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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 that has expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking: CommentsClose CommentsPermalink





‘(A) A public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense undersection 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. CommentsClose CommentsPermalink





‘(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth. CommentsClose CommentsPermalink





‘(C) A community-based organization, population-specific organization, university or health care clinic, faith-based organization, or other non-profit, nongovernmental organization with a demonstrated history of effective work addressing the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking. CommentsClose CommentsPermalink





‘(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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; or CommentsClose CommentsPermalink





‘(3) a public, charter, tribal, or nationally accredited private middle or high school, a school administered by the Department of Defense undersection 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. CommentsClose CommentsPermalink





‘(d) Grantee Requirements- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2) POLICIES AND PROCEDURES- Applicants under this section shall establish and implement policies, practices, and procedures that-- CommentsClose CommentsPermalink





‘(A) include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(D) document how prevention programs are coordinated with service programs in the community. CommentsClose CommentsPermalink





‘(3) PREFERENCE- In selecting grant recipients under this section, the Attorney General shall give preference to applicants that-- CommentsClose CommentsPermalink





‘(A) include outcome-based evaluation; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply. CommentsClose CommentsPermalink





‘(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. Amounts appropriated under this section may only be used for programs and activities described under this section. CommentsClose CommentsPermalink





‘(g) Allotment- CommentsClose CommentsPermalink





‘(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 (ab). CommentsClose CommentsPermalink





‘(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. If an insufficient number of applications are received from Indian tribes or tribal organizations, such funds shall be allotted to other population-specific programs.’. CommentsClose CommentsPermalink





(b) Repeals- The following provisions are repealed: CommentsClose CommentsPermalink





(1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-3 and 14043d-4). CommentsClose CommentsPermalink





(2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c). CommentsClose CommentsPermalink

TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink

‘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-- CommentsClose CommentsPermalink





‘(1) the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, and allied health professionals; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(b) Use of Funds- CommentsClose CommentsPermalink





‘(1) REQUIRED USES- Amounts provided under a grant under this section shall be used to-- CommentsClose CommentsPermalink





‘(A) fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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, in accordance with the multi-stakeholder and quality measurement processes established under paragraphs (7) and (8) of section 1890(b) and section 1890A of the Social Security Act (42 U.S.C. 1395aaa(b)(7) and (8); 42 U.S.C. 1890A); and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2) PERMISSIBLE USES- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(C) OTHER USES- Grants funded under subsection (a)(3) may be used for -- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(ii) the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Requirements for Grantees- CommentsClose CommentsPermalink





‘(1) CONFIDENTIALITY AND SAFETY- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) APPLICATION- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) SUBSECTION (aA)(1) AND (2) GRANTEES- Applications for grants under paragraphs (1) and (2) of subsection (a) shall include-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(I) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field; CommentsClose CommentsPermalink





‘(II) a health care facility or system; or CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(C) SUBSECTION (aA)(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-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(d) Eligible Entities- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(B) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health; CommentsClose CommentsPermalink





‘(C) a health care provider membership or professional organization, or a health care system; or CommentsClose CommentsPermalink





‘(D) a State, tribal, territorial, or local entity. CommentsClose CommentsPermalink





‘(2) SUBSECTION (aA)(3) GRANTEES- To be eligible to receive funding under subsection (a)(3), an entity shall be-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(e) Technical Assistance- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) REPORTING- The Secretary shall publish a biennial report on-- CommentsClose CommentsPermalink





‘(A) the distribution of funds under this section; and CommentsClose CommentsPermalink





‘(B) the programs and activities supported by such funds. CommentsClose CommentsPermalink





‘(f) Research and Evaluation- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) grants awarded under this section; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(2) RESEARCH- Research authorized in paragraph (1) may include-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(B) research to determine effective health care interventions to respond to and prevent domestic violence, dating violence, sexual assault, and stalking; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(b) Repeals- The following provisions are repealed: CommentsClose CommentsPermalink





(1) Section 40297 of the Violence Against Women Act of 1994 (42 U.S.C. 13973). CommentsClose CommentsPermalink





(2) Section 758 of the Public Health Service Act (42 U.S.C. 294h). CommentsClose CommentsPermalink

TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) by inserting after the subtitle heading the following: CommentsClose CommentsPermalink

‘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’; CommentsClose CommentsPermalink





(3) in section 41403 (42 U.S.C. 14043e-2), in the matter preceding paragraph (1), by striking ‘subtitle’ and inserting ‘chapter’; and CommentsClose CommentsPermalink





(4) by adding at the end the following: CommentsClose CommentsPermalink

‘CHAPTER 2--HOUSING RIGHTS

‘SEC. 41411. HOUSING RIGHTPROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

‘(a) Definitions- In this chapter: CommentsClose CommentsPermalink





‘(1) AFFILIATED INDIVIDUAL- The term ‘affiliated individual’ means, with respect to an individual-- CommentsClose CommentsPermalink





‘(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or CommentsClose CommentsPermalink





‘(B) any individual, tenant, or lawful occupant living in the household of that individual. CommentsClose CommentsPermalink





‘(2) APPROPRIATE AGENCY- The term ‘appropriate agency’ means, with respect to a covered housing program, the Executive department (as defined insection 101 of title 5, United States Code) that carries out the covered housing program. CommentsClose CommentsPermalink





‘(23) COVERED HOUSING PROGRAM- The term ‘covered housing program’ means-- CommentsClose CommentsPermalink





‘(A) the program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); CommentsClose CommentsPermalink





‘(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); CommentsClose CommentsPermalink





‘(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.); CommentsClose CommentsPermalink





‘(D) the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.); CommentsClose CommentsPermalink





‘(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 et seq.); CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(G) the program under section 236 of the National Housing Act (12 U.S.C. 1715z-1); CommentsClose CommentsPermalink





‘(H) the programs under sections 6 and 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d and 1437f); CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(J) the low income housing tax credit program under section 42 of the Internal Revenue Code of 1986. CommentsClose CommentsPermalink





‘(3) IMMEDIATE FAMILY MEMBER- The term ‘immediate family member’ means, with respect to an individual--

‘(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom such individual stands in loco parentis;

‘(B) any individual living in the household of such individual who is related to such individual by blood or marriage; or

‘(C) any individual living in the household of such individual who is related to such individual by affinity whose close association or intimate relationship with such individual is the equivalent of a family relationship.

‘(b) Prohibited Basis for Denial or Termination of Assistance or Eviction- CommentsClose CommentsPermalink




‘(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. CommentsClose CommentsPermalink





‘(2) CONSTRUCTION OF LEASE TERMS- An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY- CommentsClose CommentsPermalink





‘(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 immediate family memberaffiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking. CommentsClose CommentsPermalink





‘(B) BIFURCATION- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Notwithstanding subparagraph (A), an 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 immediate family memberaffiliated 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. CommentsClose CommentsPermalink





‘(ii) EFFECT OF EVICTION ON OTHER TENANTS- If anpublic 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. CommentsClose CommentsPermalink





‘(C) RULES OF CONSTRUCTION- Nothing in subparagraph (A) shall be construed-- CommentsClose CommentsPermalink





‘(i) to limit the authority of an 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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(II) the distribution or possession of property among members of a household in a case; CommentsClose CommentsPermalink





‘(ii) to limit any otherwise available authority of an 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 immediate family member of the tenant, if theaffiliated 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; CommentsClose CommentsPermalink





‘(iii) to limit the authority to terminate assistance to a tenant or evict a tenant from housing assisted under a covered housing program if the ownera 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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Documentation- CommentsClose CommentsPermalink





‘(1) REQUEST FOR DOCUMENTATION- If an applicant for or tenant of, or tenant of, housing assisted under a covered housing program represents to thea 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 tenant submit to theapplicant or tenant submit to the public housing agency or owner or manager a form of documentation described in paragraph (3). CommentsClose CommentsPermalink





‘(2) FAILURE TO PROVIDE CERTIFICATION- CommentsClose CommentsPermalink





If a tenant ‘(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 the owner or manager of the housinga 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 owner or manager to evict any tenant orpublic housing agency or owner or manager to-- CommentsClose CommentsPermalink





‘(i) deny admission by the applicant or tenant to the covered program; CommentsClose CommentsPermalink





‘(ii) deny assistance under the covered program to the applicant or tenant; CommentsClose CommentsPermalink





‘(iii) terminate the participation of the applicant or tenant in the covered program; or CommentsClose CommentsPermalink





‘(iv) evict the applicant, the tenant, or a lawful occupant that commits violations of a lease. CommentsClose CommentsPermalink





The owner or manager of the‘(B) EXTENSION- A public housing agency or owner or manager of housing may extend the 14-day deadline under subparagraph (A) at its discretion. CommentsClose CommentsPermalink





‘(3) FORM OF DOCUMENTATION- A form of documentation described in this paragraph is-- CommentsClose CommentsPermalink





‘(A) a certification form approved by the appropriate agency that-- CommentsClose CommentsPermalink





‘(i) states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(iii) at the option of the applicant or tenant, 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; CommentsClose CommentsPermalink





‘(B) a document that-- CommentsClose CommentsPermalink





‘(i) is signed by-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(II) the applicant or tenant; and CommentsClose CommentsPermalink





‘(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); CommentsClose CommentsPermalink





‘(C) a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or CommentsClose CommentsPermalink





‘(D) at the discretion of an 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. CommentsClose CommentsPermalink





‘(4) CONFIDENTIALITY- Any information submitted to an 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-- CommentsClose CommentsPermalink





‘(A) requested or consented to by the individual in writing; CommentsClose CommentsPermalink





‘(B) required for use in an eviction proceeding under subsection (b); or CommentsClose CommentsPermalink





‘(C) otherwise required by applicable law. CommentsClose CommentsPermalink





‘(5) DOCUMENTATION NOT REQUIRED- Nothing in this subsection shall be construed to require an 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. CommentsClose CommentsPermalink





‘(6) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT- Compliance with subsection (b) by an owner or manager of housing assisted under a covered housing program based on 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 an public housing agency or owner or manager of housing assisted under a covered housing program for failure to comply with subsection (b). CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(d) Notification- CommentsClose CommentsPermalink





Each owner or manager of housing assisted under a covered housing program shall provide to each applicant for or tenant of such housing‘(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. CommentsClose CommentsPermalink





‘(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)--‘(1) at the time the individual applies to live, to an applicant for or tenants of housing assisted under a covered housing program-- CommentsClose CommentsPermalink





‘(A) at the time the applicant is denied residency in a dwelling unit assisted under the covered housing program; CommentsClose CommentsPermalink





‘(2B) at the time the individual is admitted to a dwelling unit assisted under the covered housing program; CommentsClose CommentsPermalink





‘(3C) with any notification of eviction or notification of termination of assistance;‘(4 and CommentsClose CommentsPermalink





‘(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); and‘(5) by posting the notification in a public area of such housing. CommentsClose CommentsPermalink





‘(e) Emergency Transfers- Notwithstanding any other provision of law, each owner or manager of housing assisted under a covered program shall adopt anEach appropriate agency shall adopt a model emergency transfer policy for tenants who are victims of domestic violence, dating violence, sexual assault, or stalkinglan for use by public housing agencies and owners or managers of housing assisted under covered housing programs that-- CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(A) the tenant expressly requests the transfer; and CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(2) incorporates reasonable confidentiality measures to ensure that the owner or manager 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. CommentsClose CommentsPermalink





‘(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)). CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(b) Conforming Amendments- CommentsClose CommentsPermalink





(1) SECTION 6- Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended-- CommentsClose CommentsPermalink





(A) in subsection (c)-- CommentsClose CommentsPermalink





(i) by striking paragraph (3); and CommentsClose CommentsPermalink





(ii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; CommentsClose CommentsPermalink





(B) in subsection (l)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) in paragraph (6), by striking ‘; except that’ and all that follows through ‘stalking.’; and CommentsClose CommentsPermalink





(C) by striking subsection (u). CommentsClose CommentsPermalink





(2) SECTION 8- Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended-- CommentsClose CommentsPermalink





(A) in subsection (c), by striking paragraph (9); CommentsClose CommentsPermalink





(B) in subsection (d)(1)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) in subparagraph (B)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(II) in clause (iii), by striking ‘, except that:’ and all that follows through ‘stalking.’; CommentsClose CommentsPermalink





(C) in subsection (f)-- CommentsClose CommentsPermalink





(i) in paragraph (6), by adding ‘and’ at the end; CommentsClose CommentsPermalink





(ii) in paragraph (7), by striking the semicolon at the end and inserting a period; and CommentsClose CommentsPermalink





(iii) by striking paragraphs (8), (9), (10), and (11); CommentsClose CommentsPermalink





(D) in subsection (o)-- CommentsClose CommentsPermalink





(i) in paragraph (6)(B), by striking the last sentence; CommentsClose CommentsPermalink





(ii) in paragraph (7)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(II) in subparagraph (D), by striking ‘; except that’ and all that follows through ‘stalking.’; and CommentsClose CommentsPermalink





(iii) by striking paragraph (20); and CommentsClose CommentsPermalink





(E) by striking subsection (ee). CommentsClose CommentsPermalink





(3) RULE OF CONSTRUCTION- Nothing in this Act, or the amendments made by this Act, shall be construed-- CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





or(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-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) provides greater protection for victims of domestic violence, dating violence, sexual assault, and stalking than this Act; or CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 13975 et seq.) is amended-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(2) in section 40299 (42 U.S.C. 13975)-- CommentsClose CommentsPermalink





(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’; CommentsClose CommentsPermalink





(B) in subsection (a)(1), by striking ‘fleeing’; CommentsClose CommentsPermalink





and(C (C) in subsection (b)(3)-- CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking ‘ and’ at the end; CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (B) as subparagraph (C); CommentsClose CommentsPermalink





(iii) by inserting after subparagraph (A) the following: CommentsClose CommentsPermalink





‘(B) secure employment, including obtaining employment counseling, occupational training, job retention counseling, and counseling concerning re-entry in to the workforce; and’; and CommentsClose CommentsPermalink





(iv) in subparagraph (C), as redesignated by clause (ii), by striking ‘ employment counseling,’; and CommentsClose CommentsPermalink





(D) in subsection (g)-- CommentsClose CommentsPermalink





(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 for each of fiscal years 2012 through 2016’; and CommentsClose CommentsPermalink





(ii) in paragraph (3)-- CommentsClose CommentsPermalink





(I) in subparagraph (A), by striking ‘eligible’ and inserting ‘qualified’; and CommentsClose CommentsPermalink





(II) by adding at the end the following: CommentsClose CommentsPermalink





‘(D) QUALIFIED APPLICATION DEFINED- In this paragraph, the term ‘qualified application’ means an application that-- CommentsClose CommentsPermalink





‘(i) has been submitted by an eligible applicant; CommentsClose CommentsPermalink





‘(ii) does not propose any significant activities that may compromise victim safety, including-- CommentsClose CommentsPermalink





‘(I) background checks of victims; or CommentsClose CommentsPermalink





‘(II) clinical evaluations to determine eligibility for services; CommentsClose CommentsPermalink





‘(iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and CommentsClose CommentsPermalink





‘(iv) does not propose prohibited activities, including mandatory services for victims, background checks of victims, or clinical evaluations to determine eligibility for services.’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(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 ‘$54,000,000 for each of fiscal years 2012 through 2016’; and CommentsClose CommentsPermalink





(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 ‘$54,000,000 for each of fiscal years 2012 through 2016’. CommentsClose CommentsPermalink

TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE CommentsClose CommentsPermalink

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’. CommentsClose CommentsPermalink

TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS CommentsClose CommentsPermalink

SEC. 801. U NONIMMIGRANT DEFINITION.

Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended by inserting ‘dating violence; stalking;’ after ‘sexual exploitation;’. CommentsClose CommentsPermalink

SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF ABUSE.

Not later than December 1, 2012, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: CommentsClose CommentsPermalink





(1) The number of aliens who-- CommentsClose CommentsPermalink





(A) submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year; CommentsClose CommentsPermalink





(B) were granted such nonimmigrant status during such fiscal year; or CommentsClose CommentsPermalink





(C) were denied such nonimmigrant status during such fiscal year. CommentsClose CommentsPermalink





(2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year. CommentsClose CommentsPermalink





(3) The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year. CommentsClose CommentsPermalink





(4) The number of aliens granted continued presence in the United States under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during the preceding fiscal year. CommentsClose CommentsPermalink





(5) A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4). CommentsClose CommentsPermalink

SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.

Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2)) is amended-- CommentsClose CommentsPermalink





(1) in subparagraph (E), by striking ‘or’ at the end; CommentsClose CommentsPermalink





(2) by redesignating subparagraph (F) as subparagraph (G); and CommentsClose CommentsPermalink





(3) by inserting after subparagraph (E) the following: CommentsClose CommentsPermalink





‘(F) a derivative beneficiarychild of an alien who wfiled a pending or approved petition for classification or application for adjustment of status or other benefit specified in section 101(a)(51) as a VAWA self-petitioner; or’. CommentsClose CommentsPermalink

SEC. 804. PUBLIC CHARGE.

Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(E) SPECIAL RULE FOR QUALIFIED ALIEN VICTIMS- Subparagraphs (A), (B), and (C) shall not apply to an alien who-- CommentsClose CommentsPermalink





‘(i) is a VAWA self-petitioner; CommentsClose CommentsPermalink





‘(ii) is an applicant for, or is granted, nonimmigrant status under section 101(a)(15)(U); or CommentsClose CommentsPermalink





‘(iii) is a qualified alien described in section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)).’. CommentsClose CommentsPermalink

SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS.

(a) Petitioning Procedures for Section 101(a)(15)(U) Visas- Paragraph (1) of section 214(pRecapture of Unused U Visas- Section 214(p)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended to read as follows:

‘(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U) VISAS-

‘(A) CERTIFICATION- The petition filed by an alien under section 101(a)(15)(U)(i) shall contain a certification--

‘(i) from--

‘(I) a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 101(a)(15)(U)(iii); or

‘(II) an appropriate official of the Department of Homeland Security whose ability to provide such certification is not limited to information concerning immigration violations;

‘(ii) that is signed by an official with supervisory responsibilities, but who is not required to be the head of the certifying agency; and

‘(iii) that states the alien has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii).

‘(B) OTHER EVIDENCE- The Secretary of Homeland Security may, after considering the totality of the circumstances and reviewing evidence related to the alien’s efforts to obtain the certification described in subparagraph (A), accept secondary evidence that the alien has been helpful, is being helpful, or is likely to be helpful to an investigation(2)) is amended by-- CommentsClose CommentsPermalink




(1) in subparagraph (A), by striking ‘The number’ and inserting ‘Except as provided in subparagraph (C), the number’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(C) Beginning in fiscal year 2012, if the numerical limitation set forth in subparagraph (A) is reached before the end of the fiscal year, up to 5,000 additional visas, of the aggregate number of visas that were available and not issued to nonimmigrants described in section 101(a)(15)(U) in fiscal years 2006 through 2011, may be issued until the end of the fiscal year.’. CommentsClose CommentsPermalink





(3) SUNSET DATE- The amendments made by paragraphs (1) and (2) are repealed on the date on which the aggregate number of visas that were available and not issued in fiscal years 2006 through 2011 have been issued pursuant to section 214(p)(2)(C) of the Immigration and Nationality Act. CommentsClose CommentsPermalink





(b) Numerical Limitations- Section 214(p)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(2)(A)) is amended by striking ‘10,000.’ and inserting ‘15,000.’.(c) Age Determinations- Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(7) AGE DETERMINATIONS- CommentsClose CommentsPermalink





‘(A) CHILDREN- An unmarried alien who seeks to accompany, or follow to join, a parent granted status under section 101(a)(15)(U)(i), and who was under 21 years of age on the date on which such parent petitioned for such status, shall continue to be classified as a child for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending. CommentsClose CommentsPermalink





‘(B) PRINCIPAL ALIENS- An alien described in clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause (ii)(I) of such section if the alien attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending.’. CommentsClose CommentsPermalink

SEC. 806. HARDSHIP WAIVERS.

(a) In General- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)) is amended-- CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking the comma at the end and inserting a semicolon; CommentsClose CommentsPermalink





(2) in subparagraph (B), by striking ‘(1), or’ and inserting ‘(1); or’; CommentsClose CommentsPermalink





(3) in subparagraph (C), by striking the period at the end and inserting a semicolon and ‘or’; and CommentsClose CommentsPermalink





(4) by inserting after subparagraph (C) the following: CommentsClose CommentsPermalink





‘(D) the alien meets the requirements under section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended spouse and was not at fault in failing to meet the requirements of paragraph (1).’. CommentsClose CommentsPermalink





(b) Technical Corrections- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a), is further amended-- CommentsClose CommentsPermalink





(1) in the matter preceding subparagraph (A), by striking ‘The Attorney General, in the Attorney General’s’ and inserting ‘The Secretary of Homeland Security, in the Secretary’s’; and CommentsClose CommentsPermalink





(2) in the undesignated paragraph at the end-- CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’; CommentsClose CommentsPermalink





(B) in the second sentence, by striking ‘Attorney General’ and inserting ‘Secretary’; CommentsClose CommentsPermalink





(C) in the third sentence, by striking ‘Attorney General.’ and inserting ‘Secretary.’; and CommentsClose CommentsPermalink





(D) in the fourth sentence, by striking ‘Attorney General’ and inserting ‘Secretary’. CommentsClose CommentsPermalink

SEC. 807. EMPLOYMENT AUTHORIZATION.

Paragraph (1) of section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a)) is amended by adding at the end the following:

‘(M) Notwithstanding any provision of this Act restricting eligibility for employment in the United States, the Secretary of Homeland Security may grant employment authorization to an alien who has filed a petition for status as a VAWA self-petitioner or a nonimmigrant described in section 101(a)(15)(U) on the date that is the earlier of--

‘(i) the date the alien’s petition for such status is approved; or

‘(ii) 180 days after the date the alien filed a petition for such status.’.

SEC. 808. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.

(a) In General- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- CommentsClose CommentsPermalink





(1) in subsection (d)-- CommentsClose CommentsPermalink





(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).’; CommentsClose CommentsPermalink





(B) in paragraph (2)(A), in the matter preceding clause (i)-- CommentsClose CommentsPermalink





(i) by striking ‘a consular officer’ and inserting ‘the Secretary of Homeland Security’; and CommentsClose CommentsPermalink





(ii) by striking ‘the officer’ and inserting ‘the Secretary’; and CommentsClose CommentsPermalink





(C) in paragraph (3)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’; and CommentsClose CommentsPermalink





(2) in subsection (r)-- CommentsClose CommentsPermalink





(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 such subsectionbsection (5)(B)(i).’; and CommentsClose CommentsPermalink





(B) by amending paragraph (4)(B)(ii) to read as follows: CommentsClose CommentsPermalink





‘(ii) To notify the beneficiary as required by clause (i), the Secretary of Homeland Security shall provide such notice to the Secretary of State for inclusion in the mailing to the beneficiary described in section 833(a)(5)(A)(i) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)).’; and CommentsClose CommentsPermalink





(3) in paragraph (5)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’. CommentsClose CommentsPermalink





(b) Provision of Information to K Nonimmigrants- Section 833 of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a) is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)(5)(A)-- CommentsClose CommentsPermalink





(A) in clause (iii)-- CommentsClose CommentsPermalink





(i) by striking ‘State any’ and inserting ‘State, for inclusion in the mailing described in clause (i), any’; and CommentsClose CommentsPermalink





(ii) by striking the last sentence; and CommentsClose CommentsPermalink





(B) by adding at the end the following: CommentsClose CommentsPermalink





‘(iv) The Secretary of Homeland Security shall conduct a background check of the National Crime Information Center’s Protection Order Database on each petitioner for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184). Any appropriate information obtained from such background check-- CommentsClose CommentsPermalink





‘(I) shall accompany the criminal background information provided by the Secretary of Homeland Security to the Secretary of State and shared by the Secretary of State with a beneficiary of a petition referred to in clause (iii); and CommentsClose CommentsPermalink





‘(II) shall not be used or disclosed for any other purpose unless expressly authorized by law. CommentsClose CommentsPermalink





‘(v) The Secretary of Homeland Security shall create a cover sheet or other mechanism to accompany the information required to be provided to an applicant for a visa under subsection (d) or (r) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) by clauses (i) through (iv) of this paragraph or by clauses (i) and (ii) of subsection (r) of such section (4)(B) of such section 214, that calls to the applicant’s attention-- CommentsClose CommentsPermalink





‘(I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition; CommentsClose CommentsPermalink





‘(II) the criminal background information and information about any protection order obtained by the Secretary of Homeland Security regarding the petitioner in the course of adjudicating the petition; and CommentsClose CommentsPermalink





‘(III) whether the information the petitioner disclosed on the visa petition regarding any previous petitions filed under subsection (d) or (r) of such section 214 is consistent with the information in the multiple visa tracking database of the Department of Homeland Security, as described in subsection (r)(4)(A) of such section 214.’; and CommentsClose CommentsPermalink





(2) in subsection (b)(1)(A), by striking ‘or’ after ‘orders’ and inserting ‘and’. CommentsClose CommentsPermalink

SEC. 8098. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

(a) Implementation of the International Marriage Broker Act of 2005- CommentsClose CommentsPermalink





(1) FINDINGS- Congress finds the following: CommentsClose CommentsPermalink





(A) The International Marriage Broker Act of 2005 (subtitle D ofPublic Law 109-162; 119 Stat. 3066) has not been fully implemented with regard to investigating and prosecuting violations of the law, and for other purposes. CommentsClose CommentsPermalink





(B) Six years after Congress enacted the International Marriage Broker Act of 2005 to regulate the activities of the hundreds of for-profit international marriage brokers operating in the United States, the Attorney General has not determined which component of the Department of Justice will investigate and prosecute violations of such Act. CommentsClose CommentsPermalink





(2) REPORT- 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 following: CommentsClose CommentsPermalink





(A) The name of the component of the Department of Justice responsible for investigating and prosecuting violations of the International Marriage Broker Act of 2005 (subtitle D ofPublic Law 109-162; 119 Stat. 3066) and the amendments made by thatis Act. CommentsClose CommentsPermalink





(B) A description of the policies and procedures of the Attorney General for consultation with the Secretary of Homeland Security and the Secretary of State in investigating and prosecuting such violations. CommentsClose CommentsPermalink





(b) Technical Correction- Section 833(a)(2)(H) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking ‘Federal and State sex offender public registries’ and inserting ‘the National Sex Offender Public Website’. CommentsClose CommentsPermalink





(c) 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-- CommentsClose CommentsPermalink





(1) by amending paragraph (1) to read as follows: CommentsClose CommentsPermalink





‘(1) PROHIBITION ON MARKETING OF OR TO CHILDREN- CommentsClose CommentsPermalink





‘(A) IN GENERAL- An international marriage broker shall not provide any individual or entity with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18. CommentsClose CommentsPermalink





‘(B) COMPLIANCE- To comply with the requirements of subparagraph (A), an international marriage broker shall-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(ii) indicate on such certificate or document the date it was received by the international marriage broker; CommentsClose CommentsPermalink





‘(iii) retain the original of such certificate or document for 7 years after such date of receipt; and CommentsClose CommentsPermalink





‘(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.’; CommentsClose CommentsPermalink





(2) in paragraph (2)-- CommentsClose CommentsPermalink





(A) in subparagraph (A)(i)-- CommentsClose CommentsPermalink





(i) in the heading, by striking ‘REGISTRIES- ’ and inserting ‘WEBSITES- ’; and CommentsClose CommentsPermalink





(ii) by striking ‘Registry or State sex offender public registry,’ and inserting ‘Website,’; and CommentsClose CommentsPermalink





(B) in subparagraph (B)(ii), by striking ‘or stalking.’ and inserting ‘stalking, or an attempt to commit any such crime.’; CommentsClose CommentsPermalink





(3) in paragraph (3)-- CommentsClose CommentsPermalink





(A) in subparagraph (A)-- CommentsClose CommentsPermalink





(i) in clause (i), by striking ‘Registry, or of the relevant State sex offender public registry for any State not yet participating in the National Sex Offender Public Registry, in which the United States client has resided during the previous 20 years,’ and inserting ‘Website’; and CommentsClose CommentsPermalink





(ii) in clause (iii)(II), by striking ‘background information collected by the international marriage broker under paragraph (2)(B);’ and inserting ‘signed certification and accompanying documentation or attestation regarding the background information collected under paragraph (2)(B);’; and CommentsClose CommentsPermalink





(B) by striking subparagraph (C); CommentsClose CommentsPermalink





(4) in paragraph (5)-- CommentsClose CommentsPermalink





(A) in subparagraph (A)(ii), by striking ‘A penalty may be imposed under clause (i) by the Attorney General only’ and inserting ‘At the discretion of the Attorney General, a penalty may be imposed under clause (i) either by a Federal judge, or by the Attorney General’; CommentsClose CommentsPermalink





(B) by amending subparagraph (B) to read as follows: CommentsClose CommentsPermalink





‘(B) FEDERAL CRIMINAL PENALTIES- CommentsClose CommentsPermalink





‘(i) FAILURE OF INTERNATIONAL MARRIAGE BROKERS TO COMPLY WITH OBLIGATIONS- Except as provided in clause (ii), an international marriage broker that, in circumstances in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States-- CommentsClose CommentsPermalink





‘(I) except as provided in subclause (II), violates (or attempts to violate) paragraph (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both; or CommentsClose CommentsPermalink





‘(II) knowingly commits such a violation or an attempt, an international marriage brokerviolates or attempts to violate paragraphs (1), (2), (3), or (4) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both. CommentsClose CommentsPermalink





‘(ii) MISUSE OF INFORMATION- A person who knowingly discloses, uses, or causes to be used any information obtained by an international marriage broker as a result of a requirement under paragraph (2) or (3) for any purpose other than the disclosures required under paragraph (3) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 1 year, or both. CommentsClose CommentsPermalink





‘(iii) 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. CommentsClose CommentsPermalink





‘(iv) RELATIONSHIP TO OTHER PENALTIES- The penalties provided in clauses (i) and (, (ii), and (iii) are in addition to any other civil or criminal liability under Federal or State law to which a person may be subject for the misuse of information, including misuse to threaten, intimidate, or harass any individual. CommentsClose CommentsPermalink





‘(iv) CONSTRUCTION- Nothing in this paragraph or paragraph (3) or (4) may be construed to prevent the disclosure of information to law enforcement or pursuant to a court order.’; and CommentsClose CommentsPermalink





(C) in subparagraph (C), by striking the period at the end and inserting ‘including equitable remedies.’; CommentsClose CommentsPermalink





(5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and CommentsClose CommentsPermalink





(6) by inserting after paragraph (5) the following: CommentsClose CommentsPermalink





‘(6) ENFORCEMENT- CommentsClose CommentsPermalink





‘(A) AUTHORITY- The Attorney General shall be responsible for the enforcement of the provisions of this section, including the prosecution of civil and criminal penalties provided for by this section. CommentsClose CommentsPermalink





‘(B) CONSULTATION- The Attorney General shall consult with the headDirector of the Office on Violence Against Women of the Department of Justice to develop policies and public education designed to promote enforcement of this section.’. CommentsClose CommentsPermalink





(d) GAO Study and Report- Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f)) is amended-- CommentsClose CommentsPermalink





(1) in the subsection heading, by striking ‘Study and Report- ’ and inserting ‘Studies and Reports- ’; and CommentsClose CommentsPermalink





(2) by adding at the end the following: CommentsClose CommentsPermalink





‘(4) CONTINUING IMPACT STUDY AND REPORT- CommentsClose CommentsPermalink





‘(A) STUDY- The Comptroller General shall conduct a study on the continuing impact of the implementation of this section and of section of 214 of the Immigration and Nationality Act (8 U.S.C. 1184) on the process for granting K nonimmigrant visas, including specifically a study of the items described in subparagraphs (A) through (E) of paragraph (1). CommentsClose CommentsPermalink





‘(B) REPORT- Not later than 2 years after the date of the enactment of the Violence Against Women Reauthorization Act of 2011, 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 setting forth the results of the study conducted under subparagraph (A). CommentsClose CommentsPermalink





‘(C) DATA COLLECTION- The Attorney General, the Secretary of Homeland Security, and the Secretary of State shall collect and maintain the data necessary for the Comptroller General to conduct the study required by paragraph (1)(A).’. CommentsClose CommentsPermalink

SEC. 81009. ELIGIBILITY OF CRIME AND TRAFFICKING VICTIMS IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO ADJUST STATUS.

Section 705(c) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 48 U.S.C. 1806 note), is amended by striking ‘except that,’ and all that follows through the end, and inserting the following: ‘except that-- CommentsClose CommentsPermalink





‘(1) for the purpose of determining whether an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) has abandoned or lost such status by reason of absence from the United States, such alien’s presence in the Commonwealth, before, on or after November 28, 2009, shall be considered to be presence in the United States; and CommentsClose CommentsPermalink





‘(2) for the purpose of determining whether an alien whose application for status under subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) was granted is subsequently eligible for adjustment under subsection (l) or (m) of section 245 of such Act (8 U.S.C. 1255), such alien’s physical presence in the Commonwealth before, on, or after November 28, 2009, and subsequent to the grant of the application, shall be considered as equivalent to presence in the United States pursuant to a nonimmigrant admission in such status.’. CommentsClose CommentsPermalink

TITLE IX--SAFETY FOR INDIAN WOMEN CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in paragraph (2), by inserting ‘sex trafficking,’ after ‘sexual assault,’; CommentsClose CommentsPermalink





(2) in paragraph (4), by inserting ‘sex trafficking,’ after ‘sexual assault,’; CommentsClose CommentsPermalink





(3) in paragraph (5), by striking ‘and stalking’ and all that follows and inserting ‘sexual assault, sex trafficking, and stalking;’; CommentsClose CommentsPermalink





(4) in paragraph (7)-- CommentsClose CommentsPermalink





(A) by inserting ‘sex trafficking,’ after ‘sexual assault,’ each place it appears; and CommentsClose CommentsPermalink





(B) by striking ‘and’ at the end; CommentsClose CommentsPermalink





(5) in paragraph (8)-- CommentsClose CommentsPermalink





(A) by inserting ‘sex trafficking,’ after ‘stalking,’; and CommentsClose CommentsPermalink





(B) by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink





(6) by adding at the end the following: CommentsClose CommentsPermalink





‘(9) provide services to address the needs of youth and children who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the youth or child; and CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

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)) is amended by striking subsection (d) and inserting the following: CommentsClose CommentsPermalink




‘(d) Tribal Coalition Grants- CommentsClose CommentsPermalink





‘(1) PURPOSE- The Attorney General shall award a grant to tribal coalitions for purposes of-- CommentsClose CommentsPermalink





‘(A) increasing awareness of domestic violence and sexual assault against Indian women; CommentsClose CommentsPermalink





‘(B) enhancing the response to violence against Indian women at the Federal, State, and tribal levels; CommentsClose CommentsPermalink





‘(C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence, including sex trafficking; and CommentsClose CommentsPermalink





‘(D) assisting Indian tribes in developing and promoting State, local, orand 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 orex trafficking, and stalking. CommentsClose CommentsPermalink





‘(2) GRANTS- The Attorney General shall award grants on an annual basis under paragraph (1) to-- CommentsClose CommentsPermalink





‘(A) each tribal coalition that-- CommentsClose CommentsPermalink





‘(i) meets the criteria of a tribal coalition under section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)); CommentsClose CommentsPermalink





‘(ii) is recognized by the Office on Violence Against Women; and CommentsClose CommentsPermalink





‘(iii) provides services to Indian tribes; and CommentsClose CommentsPermalink





‘(B) organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes are located but no tribal coalition exists. CommentsClose CommentsPermalink





‘(3) USE OF AMOUNTS- For each of fiscal years 2012 through 2016, of the amounts appropriated to carry out this subsection-- CommentsClose CommentsPermalink





‘(A) not more than 10 percent shall be made available to organizations described in paragraph (2)(B), provided that 1 or more organizations determined by the Attorney General to be qualified apply; CommentsClose CommentsPermalink





‘(B) not less than 90 percent shall be made available to tribal coalitions described in paragraph (2)(A), which amounts shall be distributed equally among each eligible tribal coalition for the applicable fiscal year CommentsClose CommentsPermalink





‘(4) ELIGIBILITY FOR OTHER GRANTS- Receipt of an award under this subsection by a tribal coalition shall not preclude the tribal coalition from receiving additional grants under this title to carry out the purposes described in paragraph (1). CommentsClose CommentsPermalink





‘(5) MULTIPLE PURPOSE APPLICATIONS- Nothing in this subsection prohibits any tribal coalition or organization described in paragraph (2) from applying for funding to address sexual assault or domestic violence needs in the same application.’. CommentsClose CommentsPermalink

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-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) by striking ‘and the Violence Against Women Act of 2000’ and inserting ‘, the Violence Against Women Act of 2000’; and CommentsClose CommentsPermalink





(B) by inserting ‘, and the Violence Against Women Reauthorization Act of 2011’ before the period at the end; CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘and stalking’ and inserting ‘stalking, and sex trafficking’; and CommentsClose CommentsPermalink





(3) by adding at the end the following: CommentsClose CommentsPermalink





‘(c) Annual Report- The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that-- CommentsClose CommentsPermalink





‘(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink

SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

Title II ofPublic Law 90-284 (25 U.S.C. 1301 et seq.) (commonly known as the ‘Indian Civil Rights Act of 1968’) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

‘(a) Definitions- In this section: CommentsClose CommentsPermalink





‘(1) DATING VIOLENCE- The term ‘dating violence’ means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. CommentsClose CommentsPermalink





‘(2) DOMESTIC VIOLENCE- The term ‘domestic violence’ means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs. CommentsClose CommentsPermalink





‘(3) INDIAN COUNTRY- The term ‘Indian country’ has the meaning given the term insection 1151 of title 18, United States Code. CommentsClose CommentsPermalink





‘(4) PARTICIPATING TRIBE- The term ‘participating tribe’ means an Indian tribe that elects to exercise special domestic violence criminal jurisdiction over the Indian country of that Indian tribe. CommentsClose CommentsPermalink





‘(5) PROTECTION ORDER- The term ‘protection order’ has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a))-- CommentsClose CommentsPermalink





‘(A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and CommentsClose CommentsPermalink





‘(B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. CommentsClose CommentsPermalink





‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION- The term ‘special domestic violence criminal jurisdiction’ means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise. CommentsClose CommentsPermalink





‘(7) SPOUSE OR INTIMATE PARTNER- The term ‘spouse or intimate partner’ has the meaning given the term insection 2266 of title 18, United States Code. CommentsClose CommentsPermalink





‘(b) Nature of the Criminal Jurisdiction- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, in addition to any powerll powers of self-government recognized and affirmed by sections 201 and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons. CommentsClose CommentsPermalink





‘(2) CONCURRENT JURISDICTION- The exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both, of an offense described in subsection (c).‘(3). CommentsClose CommentsPermalink





‘(3) APPLICABILITY- Nothing in this section-- CommentsClose CommentsPermalink





‘(A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; CommentsClose CommentsPermalink





or‘(B) affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country; CommentsClose CommentsPermalink





‘(C) shall apply to an Indian tribe in the State of Alaska, except with respect to the Metlakatla Indian Community, Annette Islands Reserve; or CommentsClose CommentsPermalink





‘(D) shall limit, alter, expand, or diminish the civil or criminal jurisdiction of the State of Alaska or any subdivision of the State of Alaska. CommentsClose CommentsPermalink





‘(c) Criminal Conduct- A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories: CommentsClose CommentsPermalink





‘(1) DOMESTIC VIOLENCE AND DATING VIOLENCE- An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe. CommentsClose CommentsPermalink





‘(2) VIOLATIONS OF PROTECTION ORDERS- An act that-- CommentsClose CommentsPermalink





‘(A) occurs in the Indian country of the participating tribe; and CommentsClose CommentsPermalink





‘(B) violates the relevant portion of a protection order that-- CommentsClose CommentsPermalink





‘(i) was issued against the defendant;‘(prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; CommentsClose CommentsPermalink





‘(ii) was issued against the defendant; CommentsClose CommentsPermalink





‘(iii) is enforceable by the participating tribe; and CommentsClose CommentsPermalink





‘(iii) is consistent with v) is consistent withsection 2265(b) of title 18, United States Code. CommentsClose CommentsPermalink





‘(d) Dismissal of Certain Cases- CommentsClose CommentsPermalink





‘(1) DEFINITION OF VICTIM- In this subsection and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a criminal violation of a protection order, the term ‘victim’ means a person specifically protected by a protection order that the defendant allegedly violated. CommentsClose CommentsPermalink





‘(2) NON-INDIAN VICTIMS AND DEFENDANTS- In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the case shall be dismissed if-- CommentsClose CommentsPermalink





‘(A) the defendant files a pretrial motion to dismiss on the grounds that the alleged offense did not involve an Indian; and CommentsClose CommentsPermalink





‘(B) the participating tribe fails to prove that the defendant or an alleged victim is an Indian. CommentsClose CommentsPermalink





‘(23) TIES TO INDIAN TRIBE- In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the case shall be dismissed if-- CommentsClose CommentsPermalink





‘(A) the defendant files a pretrial motion to dismiss on the grounds that the defendant and the alleged victim lack sufficient ties to the Indian tribe; and CommentsClose CommentsPermalink





‘(B) the prosecuting tribe fails to prove that the defendant or an alleged victim-- CommentsClose CommentsPermalink





‘(i) resides in the Indian country of the participating tribe; CommentsClose CommentsPermalink





‘(ii) is employed in the Indian country of the participating tribe; or CommentsClose CommentsPermalink





‘(iii) is a spouse or intimate partner of a member of the participating tribe. CommentsClose CommentsPermalink





‘(34) WAIVER- A knowing and voluntary failure of a defendant to file a pretrial motion described in paragraph (1) or (22) or (3) shall be considered a waiver of the right to seek a dismissal under this subsection. CommentsClose CommentsPermalink





‘(e) Rights of Defendants- In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant-- CommentsClose CommentsPermalink





‘(1) all applicable rights under this Act; CommentsClose CommentsPermalink





‘(2) if a term of imprisonment of any length is imposed, all rights described in section 202(c); and CommentsClose CommentsPermalink





‘(3) all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant. CommentsClose CommentsPermalink





‘(f) Petitions To Stay Detention- CommentsClose CommentsPermalink





‘(1) IN GENERAL- A person who is detained by a participating tribe pending trial under an exercise of special domestic violence criminal jurisdiction and has filed a petition for a writ of habeas corpus in a court of the United States under section 203 may petition that court to stay further detention of that person by the participating tribe. CommentsClose CommentsPermalink





‘(2) GRANT OF STAY- A court shall grant a stay described in paragraph (1) if the court-- CommentsClose CommentsPermalink





‘(A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and CommentsClose CommentsPermalink





‘(B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released. CommentsClose CommentsPermalink





‘(g) Grants to Tribal Governments- The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)-- CommentsClose CommentsPermalink





‘(1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including to strengthen-- CommentsClose CommentsPermalink





‘(A) law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases); CommentsClose CommentsPermalink





‘(B) prosecution; CommentsClose CommentsPermalink





‘(C) trial and appellate courts; CommentsClose CommentsPermalink





‘(D) probation systems; CommentsClose CommentsPermalink





‘(E) detention and correctional facilities; CommentsClose CommentsPermalink





‘(F) alternative rehabilitation centers; CommentsClose CommentsPermalink





‘(G) culturally appropriate services and assistance for victims and their families; and CommentsClose CommentsPermalink





‘(H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; CommentsClose CommentsPermalink





‘(2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order; CommentsClose CommentsPermalink





‘(3) to ensure that, in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and CommentsClose CommentsPermalink





‘(4) to accord victims of domestic violence, dating violence, and violations of protection orders rights that are similar to the rights of a crime victim described insection 3771(a) of title 18, United States Code, and consistent with tribal law and custom. CommentsClose CommentsPermalink





‘(h) Supplement, Not Supplant- Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. CommentsClose CommentsPermalink





‘(i) Authorization of Appropriations- There are authorized to be appropriated $5,000,000 for each of fiscal years 2012 through 2016 to carry out subsection (g) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes..’. CommentsClose CommentsPermalink

SEC. 905. TRIBAL PROTECTION ORDERS.

Section 2265 of title 18, United States Code, is amended by striking subsection (e) and inserting the following: CommentsClose CommentsPermalink





‘(e) Tribal Court Jurisdiction- CommentsClose CommentsPermalink





F‘(1) IN GENERAL- Except as provided in paragraph (2), for purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to take other appropriate measureuse other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe. CommentsClose CommentsPermalink





‘(2) APPLICABILITY- Paragraph (1)-- CommentsClose CommentsPermalink





‘(A) shall not apply to an Indian tribe in the State of Alaska, except with respect to the Metlakatla Indian Community, Annette Islands Reserve; and CommentsClose CommentsPermalink





‘(B) shall not limit, alter, expand, or diminish the civil or criminal jurisdiction of the State of Alaska or any subdivision of the State of Alaska.’. CommentsClose CommentsPermalink

SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.

(a) In General-Section 113 of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)-- CommentsClose CommentsPermalink





(A) by striking paragraph (1) and inserting the following: CommentsClose CommentsPermalink





‘(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.’; CommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘felony under chapter 109A’ and inserting ‘violation of section 2241 or 2242’; CommentsClose CommentsPermalink





(C) in paragraph (3) by striking ‘and without just cause or excuse,’; CommentsClose CommentsPermalink





(D) in paragraph (4), by striking ‘six months’ and inserting ‘1 year’; CommentsClose CommentsPermalink





(E) in paragraph (7)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) by striking ‘fine’ and inserting ‘a fine’; and CommentsClose CommentsPermalink





(F) by adding at the end the following: CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(2) in subsection (b)-- CommentsClose CommentsPermalink





(A) by striking ‘(b) As used in this subsection--’ and inserting the following: CommentsClose CommentsPermalink





‘(b) Definitions- In this section--’; CommentsClose CommentsPermalink





(B) in paragraph (1)(B), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(C) in paragraph (2), by striking the period at the end and inserting a semicolon; and CommentsClose CommentsPermalink





(D) by adding at the end the following: CommentsClose CommentsPermalink





‘(3) the terms ‘dating partner’ and ‘spouse or intimate partner’ have the meanings given those terms in section 2266; CommentsClose CommentsPermalink





‘(4) the term ‘strangling’ means intentionally, 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 CommentsClose CommentsPermalink





‘(5) the term ‘suffocating’ means intentionally, 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.’. CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink





(c) Repeat Offenders-Section 2265A(b)(1)(B) of title 18, United States Code, is amended by inserting ‘or tribal’ after ‘State’. CommentsClose CommentsPermalink

SEC. 907. 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-- CommentsClose CommentsPermalink





(1) in paragraph (1)-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





(2) in paragraph (2)(A)-- CommentsClose CommentsPermalink





(A) in clause (iv), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(B) in clause (v), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(vi) sex trafficking.’; CommentsClose CommentsPermalink





(3) in paragraph (4), by striking ‘this Act’ and inserting ‘the Violence Against Women Reauthorization Act of 2011’; and CommentsClose CommentsPermalink





(4) in paragraph (5), by striking ‘this section $1,000,000 for each of fiscal years 2007 and 2008’ and inserting ‘this subsection $1,000,000 for each of fiscal years 2012 and 2013’. CommentsClose CommentsPermalink





(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’. CommentsClose CommentsPermalink

SEC. 908. EFFECTIVE DATES; PILOT PROJECT.

(a) General Effective Date- Except as provided in subsection (b)ection 4 and subsection (b) of this section, the amendments made by this title shall take effect on the date of enactment of this Act. CommentsClose CommentsPermalink





(b) Effective Date for Special Domestic-Vviolence Criminal Jurisdiction- CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), subsections (b) through (e) of section 204 ofPublic Law 90-284 (as added by section 904) shall take effect on the date that is 2 years after the date of enactment of this Act. CommentsClose CommentsPermalink





(2) PILOT PROJECT- CommentsClose CommentsPermalink





(A) IN GENERAL- At any time during the 2-year period beginning on the date of enactment of this Act, an Indian tribe may ask the Attorney General to designate the tribe as a participating tribe under section 204(a) ofPublic Law 90-284 on an accelerated basis. CommentsClose CommentsPermalink





(B) PROCEDURE- The Attorney General may grant a request under subparagraph (A) after coordinating with the Secretary of the Interior, consulting with affected Indian tribes, and concluding that the criminal justice system of the requesting tribe has adequate safeguards in place to protect defendants’ rights, consistent with section 204 ofPublic Law 90-284. CommentsClose CommentsPermalink





(C) EFFECTIVE DATES FOR PILOT PROJECTS- An Indian tribe designated as a participating tribe under this paragraph may commence exercising special domestic violence criminal jurisdiction pursuant to subsections (b) through (e) of section 204 ofPublic Law 90-284 on a date established by the Attorney General, after consultation with that Indian tribe, but in no event later than the date that is 2 years after the date of enactment of this Act. CommentsClose CommentsPermalink

TITLE X--OTHER MATTERS CommentsClose CommentsPermalink

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: CommentsClose CommentsPermalink





‘(b) Of a Ward- CommentsClose CommentsPermalink





‘(1) OFFENSES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- It shall be unlawful for any person to knowingly engage, or knowingly attempt to engage, in a sexual act with another person who is-- CommentsClose CommentsPermalink





‘(i) in official detention or supervised by, or otherwise under theunder official supervision or other official control of, the United States-- CommentsClose CommentsPermalink





‘(I) during or after arrest; CommentsClose CommentsPermalink





‘(II) after release pretrial; CommentsClose CommentsPermalink





‘(III) while on bail, probation, supervised release, or parole; CommentsClose CommentsPermalink





‘(IV) after release following a finding of juvenile delinquency; or CommentsClose CommentsPermalink





‘(V) after release pending any further judicial proceedings; CommentsClose CommentsPermalink





‘(ii) under the professional custodial, supervisory, or disciplinary control or authority of the person engaging or attempting to engage in the sexual act; and CommentsClose CommentsPermalink





‘(iii) at the time of the sexual act-- CommentsClose CommentsPermalink





‘(I) in the special maritime and territorial jurisdiction of the United States; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) SEXUAL CONTACT- It shall be unlawful for any person to knowingly engage in sexual contact with, or cause sexual contact by, another person, if to do so would violate subparagraph (A) had the sexual contact been a sexual act. CommentsClose CommentsPermalink





‘(2) PENALTIES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- A person that violates paragraph (1)(A) shall-- CommentsClose CommentsPermalink





‘(i) be fined under this title, imprisoned for not more than 15 years, or both; and CommentsClose CommentsPermalink





‘(ii) 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. CommentsClose CommentsPermalink





‘(B) SEXUAL CONTACT- A person that violates paragraph (1)(B) shall be fined under this title, imprisoned for not more than 2 years, or both.’. CommentsClose CommentsPermalink





(b) Penalties for Sexual Abuse- CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 13 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





‘250. Penalties for sexual abuse.’. CommentsClose CommentsPermalink

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)’. CommentsClose CommentsPermalink





(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)’. CommentsClose CommentsPermalink





(c) Adoption and Effect of National Standards- Section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (e); and CommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following: CommentsClose CommentsPermalink





‘(c) Applicability to Detention Facilities Operated by the Department of Homeland Security- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) COMPLIANCE- The Secretary of Homeland Security shall-- CommentsClose CommentsPermalink





‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and CommentsClose CommentsPermalink





‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(d)5) DEFINITION- As used in this section, the term ‘detention facilities operated under contract with the Department’ includes, but is not limited to contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security. CommentsClose CommentsPermalink





‘(d) Applicability to Custodial Facilities Operated by the Department of Health and Human Services- CommentsClose CommentsPermalink





‘(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))). CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(3) COMPLIANCE- The Secretary of Health and Human Services shall-- CommentsClose CommentsPermalink





‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and CommentsClose CommentsPermalink





‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services. CommentsClose CommentsPermalink





‘(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).’. CommentsClose CommentsPermalink