U.S. Congress - Text of S.1925 as Engrossed in Senate Violence Against Women Reauthorization Act of 2012
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Donate NowS.1925 - Violence Against Women Reauthorization Act of 2012
A bill to reauthorize the Violence Against Women Act of 1994.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 31,331 | n/a | n/a |
| Reported in Senate | 64,988 | 402 | 19% |
| Engrossed in Senate | 34,847 | 63 Show Changes Hide Changes | 56% |
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S 1925 RS Calendar No. 312
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 1925CommentsClose 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
[Struck out->]SECTION 1. SHORT TITLE.[<-Struck out][Struck out->]This Act may be cited as the ‘Violence Against Women Reauthorization Act of 2011’.[<-Struck out]
[Struck out->]SEC. 2. TABLE OF CONTENTS.[<-Struck out][Struck out->]The table of contents for this Act is as follows:[<-Struck out]
[Struck out->]Sec. 1. Short title.[<-Struck out]
[Struck out->]Sec. 2. Table of contents.[<-Struck out]
[Struck out->]Sec. 3. Universal definitions and grant conditions.[<-Struck out]
[Struck out->]TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN[<-Struck out][Struck out->]Sec. 101. Stop grants.[<-Struck out]
[Struck out->]Sec. 102. Grants to encourage arrest policies and enforcement of protection orders.[<-Struck out]
[Struck out->]Sec. 103. Legal assistance for victims.[<-Struck out]
[Struck out->]Sec. 104. Consolidation of grants to support families in the justice system.[<-Struck out]
[Struck out->]Sec. 105. Sex offender management.[<-Struck out]
[Struck out->]Sec. 106. Court-appointed special advocate program.[<-Struck out]
[Struck out->]Sec. 107. Criminal provision relating to stalking, including cyberstalking.[<-Struck out]
[Struck out->]Sec. 108. Outreach and services to underserved populations grant.[<-Struck out]
[Struck out->]Sec. 109. Culturally specific services grant.[<-Struck out]
[Struck out->]TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out][Struck out->]Sec. 201. Sexual assault services program.[<-Struck out]
[Struck out->]Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance.[<-Struck out]
[Struck out->]Sec. 203. Training and services to end violence against women with disabilities grants.[<-Struck out]
[Struck out->]Sec. 204. Grant for training and services to end violence against women in later life.[<-Struck out]
[Struck out->]TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE[<-Struck out][Struck out->]Sec. 301. Rape prevention education grant.[<-Struck out]
[Struck out->]Sec. 302. Creating hope through outreach, options, services, and education for children and youth.[<-Struck out]
[Struck out->]Sec. 303. Grants to combat violent crimes on campuses.[<-Struck out]
[Struck out->]Sec. 304. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention.[<-Struck out]
[Struck out->]TITLE IV--VIOLENCE REDUCTION PRACTICES[<-Struck out][Struck out->]Sec. 401. Study conducted by the centers for disease control and prevention.[<-Struck out]
[Struck out->]Sec. 402. Saving money and reducing tragedies through prevention grants.[<-Struck out]
[Struck out->]TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out][Struck out->]Sec. 501. Consolidation of grants to strengthen the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]
[Struck out->]TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out][Struck out->]Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]
[Struck out->]Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]
[Struck out->]Sec. 603. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]
[Struck out->]TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE[<-Struck out][Struck out->]Sec. 701. National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.[<-Struck out]
[Struck out->]TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS[<-Struck out][Struck out->]Sec. 801. U nonimmigrant definition.[<-Struck out]
[Struck out->]Sec. 802. Annual report on immigration applications made by victims of abuse.[<-Struck out]
[Struck out->]Sec. 803. Protection for children of VAWA self-petitioners.[<-Struck out]
[Struck out->]Sec. 804. Public charge.[<-Struck out]
[Struck out->]Sec. 805. Requirements applicable to U visas.[<-Struck out]
[Struck out->]Sec. 806. Hardship waivers.[<-Struck out]
[Struck out->]Sec. 807. Employment authorization.[<-Struck out]
[Struck out->]Sec. 808. Protections for a fiancee or fiance of a citizen.[<-Struck out]
[Struck out->]Sec. 809. Regulation of international marriage brokers.[<-Struck out]
[Struck out->]Sec. 810. Eligibility of crime and trafficking victims in the Commonwealth of the Northern Mariana Islands to adjust status.[<-Struck out]
[Struck out->]TITLE IX--SAFETY FOR INDIAN WOMEN[<-Struck out][Struck out->]Sec. 901. Grants to Indian tribal governments.[<-Struck out]
[Struck out->]Sec. 902. Grants to Indian tribal coalitions.[<-Struck out]
[Struck out->]Sec. 903. Consultation.[<-Struck out]
[Struck out->]Sec. 904. Tribal jurisdiction over crimes of domestic violence.[<-Struck out]
[Struck out->]Sec. 905. Tribal protection orders.[<-Struck out]
[Struck out->]Sec. 906. Amendments to the Federal assault statute.[<-Struck out]
[Struck out->]Sec. 907. Analysis and research on violence against Indian women.[<-Struck out]
[Struck out->]Sec. 908. Effective dates; pilot project.[<-Struck out]
[Struck out->]TITLE X--OTHER MATTERS[<-Struck out][Struck out->]Sec. 1001. Criminal provisions relating to sexual abuse.[<-Struck out]
[Struck out->]Sec. 1002. Sexual abuse in custodial settings.[<-Struck out]
[Struck out->]SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.[<-Struck out][Struck out->](a) Definitions- Subsection (a) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a) [<-Struck out]
[Struck out->](1) by redesignating--[<-Struck out]
[Struck out->](A) paragraph (1) as paragraph (2);[<-Struck out]
[Struck out->](B) paragraph (2) as paragraph (4);[<-Struck out]
[Struck out->](C) paragraphs (3) through (5) as paragraphs (5) through (7), respectively;[<-Struck out]
[Struck out->](D) paragraphs (6) through (9) as paragraphs (10) through (13), respectively;[<-Struck out]
[Struck out->](E) paragraphs (10) through (16) as paragraphs (15) through (21), respectively;[<-Struck out]
[Struck out->](F) paragraph (18) as paragraph (22);[<-Struck out]
[Struck out->](G) paragraphs (19) and (20) as paragraphs (25) and (26), respectively;[<-Struck out]
[Struck out->](H) paragraphs (21) and (22) as paragraphs (28) and (29), respectively;[<-Struck out]
[Struck out->](I) paragraphs (23) through (33) as paragraphs (31) through (41), respectively;[<-Struck out]
[Struck out->](J) paragraphs (34) and (35) as paragraphs (43) and (44); and[<-Struck out]
[Struck out->](K) paragraph (37) as paragraph (47);[<-Struck out]
[Struck out->](2) by inserting before paragraph (2), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->](3) by inserting after paragraph (2), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(2) CHILD- The term ‘child’ means a person who is under 11 years of age.’;[<-Struck out]
[Struck out->](4) in paragraph (4), as redesignated, by striking ‘serious harm.’ and inserting ‘serious harm to unemancipated minor.’;[<-Struck out]
[Struck out->](5) in paragraph (5), as redesignated, by striking ‘The term’ through ‘that--’ and inserting ‘The term ‘community-based organization’ means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that--’;[<-Struck out]
[Struck out->](6) by inserting after paragraph (7), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(8) CULTURALLY SPECIFIC SERVICES- The term ‘culturally specific services’ means community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities.[<-Struck out]
[Struck out->]
‘(9) CULTURALLY SPECIFIC- The term ‘culturally specific’ means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300-u-6(g) [<-Struck out]
[Struck out->](7) in paragraph (10), as redesignated, by inserting ‘or intimate partner’ after ‘former spouse’ and ‘as a spouse’;[<-Struck out]
[Struck out->](8) by inserting after paragraph (13), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(14) HOMELESS- The term ‘homeless’ has the meaning provided in42 U.S.C. 14043e-2(6) [<-Struck out]
[Struck out->](9) in paragraph (21), as redesignated, by inserting at the end the following:[<-Struck out]
[Struck out->]
‘Intake or referral, by itself, does not constitute legal assistance.’;[<-Struck out]
[Struck out->](10) by striking paragraph (17), as in effect before the amendments made by this subsection;[<-Struck out]
[Struck out->](11) by amending paragraph (22), as redesignated, to read as follows:[<-Struck out]
[Struck out->]
‘(22) PERSONALLY IDENTIFYING INFORMATION OR PERSONAL INFORMATION- The term ‘personally identifying information’ or ‘personal information’ means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including--[<-Struck out]
[Struck out->]
‘(A) a first and last name;[<-Struck out]
[Struck out->]
‘(B) a home or other physical address;[<-Struck out]
[Struck out->]
‘(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);[<-Struck out]
[Struck out->]
‘(D) a social security number, driver license number, passport number, or student identification number; and[<-Struck out]
[Struck out->]
‘(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.’;[<-Struck out]
[Struck out->](12) by inserting after paragraph (22), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(23) POPULATION SPECIFIC ORGANIZATION- The term ‘population specific organization’ means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population.[<-Struck out]
[Struck out->]
‘(24) POPULATION SPECIFIC SERVICES- The term ‘population specific services’ means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.’;[<-Struck out]
[Struck out->](13) in paragraph (25), as redesignated, by striking ‘services’ and inserting ‘assistance’;[<-Struck out]
[Struck out->](14) by inserting after paragraph (26), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(27) RAPE CRISIS CENTER- The term ‘rape crisis center’ means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in42 U.S.C. 14043g(b)(2)(C) [<-Struck out]
[Struck out->](15) in paragraph (28), as redesignated--[<-Struck out]
[Struck out->](A) in subparagraph (A), by striking ‘or’ after the semicolon;[<-Struck out]
[Struck out->](B) in subparagraph (B), by striking the period and inserting ‘; or’; and[<-Struck out]
[Struck out->](C) by inserting at the end the following:[<-Struck out]
[Struck out->]
‘(C) any federally recognized Indian tribe.’;[<-Struck out]
[Struck out->](16) in paragraph (29), as redesignated, by striking ‘150,000’ and inserting ‘250,000’;[<-Struck out]
[Struck out->](17) by inserting after paragraph (29), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(30) SEX TRAFFICKING- The term ‘sex trafficking’ means any conduct proscribed by18 U.S.C. 1591 [<-Struck out]
[Struck out->](18) by striking paragraph (31), as redesignated, and inserting the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](19) by amending paragraph (41), as redesignated, to read as follows:[<-Struck out]
[Struck out->]
‘(41) UNDERSERVED POPULATIONS- The term ‘underserved populations’ means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, 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.’;[<-Struck out]
[Struck out->](20) by inserting after paragraph (41), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(42) UNIT OF LOCAL GOVERNMENT- The term ‘unit of local government’ means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.’;[<-Struck out]
[Struck out->](21) by striking paragraph (36), as in effect before the amendments made by this subsection, and inserting the following:[<-Struck out]
[Struck out->]
‘(45) VICTIM SERVICES OR SERVICES- The terms ‘victim services’ and ‘services’ mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.[<-Struck out]
[Struck out->]
‘(46) VICTIM SERVICE PROVIDER- The term ‘victim service provider’ means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.’; and[<-Struck out]
[Struck out->](22) by striking paragraph (47), as redesignated, and inserting the following:[<-Struck out]
[Struck out->]
‘(47) YOUTH- The term ‘youth’ means a person who is 11 to 24 years old.’.[<-Struck out]
[Struck out->](b) Grants Conditions- Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b) [<-Struck out]
[Struck out->](1) in paragraph (2)--[<-Struck out]
[Struck out->](A) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]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.’;[<-Struck out]
[Struck out->](B) by amending subparagraph (D), to read as follows:[<-Struck out]
[Struck out->]
‘(D) INFORMATION SHARING-[<-Struck out]
[Struck out->]
‘(i) Grantees and subgrantees may share--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(II) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and[<-Struck out]
[Struck out->]
‘(III) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes.[<-Struck out]
[Struck out->]
‘(ii) In no circumstances may--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](C) by redesignating subparagraph (E) as subparagraph (F);[<-Struck out]
[Struck out->](D) by inserting after subparagraph (D) the following:[<-Struck out]
[Struck out->]
‘(E) STATUTORILY MANDATED REPORTS OF ABUSE OR NEGLECT- Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or neglect, as those terms are defined by law, where specifically mandated by the State or tribe involved.’; and[<-Struck out]
[Struck out->](E) by inserting after subparagraph (F), as redesignated, the following:[<-Struck out]
[Struck out->]
‘(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES- Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section.’;[<-Struck out]
[Struck out->](2) by striking paragraph (3) and inserting the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](3) in paragraph (7), by inserting at the end the following:[<-Struck out]
[Struck out->]
‘Final reports of such evaluations shall be made available to the public via the agency’s website.’; and[<-Struck out]
[Struck out->](4) by inserting after paragraph (11) the following:[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(13) CIVIL RIGHTS-[<-Struck out]
[Struck out->]
‘(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 Public Law 106-386 Public Law 109-162 [<-Struck out]
[Struck out->]
‘(B) EXCEPTION- If gender segregation or gender-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual’s gender. In such circumstances, alternative reasonable accommodations are sufficient to meet the requirements of this paragraph.[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(14) CLARIFICATION OF VICTIM SERVICES AND LEGAL ASSISTANCE- Victim services and legal assistance provided under this title may include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102 [<-Struck out]
[Struck out->]
‘(15) CONFERRAL-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) AREAS COVERED- The areas of conferral under this paragraph shall include--[<-Struck out]
[Struck out->]
‘(i) the administration of grants;[<-Struck out]
[Struck out->]
‘(ii) unmet needs;[<-Struck out]
[Struck out->]
‘(iii) promising practices in the field; and[<-Struck out]
[Struck out->]
‘(iv) emerging trends.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) summarizes the issues presented during conferral and what, if any, policies it intends to implement to address those issues; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(16) ACCOUNTABILITY- All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions:[<-Struck out]
[Struck out->]
‘(A) AUDIT REQUIREMENT-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(I) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and[<-Struck out]
[Struck out->]
‘(II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.[<-Struck out]
[Struck out->]
‘(B) NONPROFIT ORGANIZATION REQUIREMENTS-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(C) CONFERENCE EXPENDITURES-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(ii) all mandatory exclusions required under subparagraph (A)(iii) have been issued;[<-Struck out]
[Struck out->]
‘(iii) all reimbursements required under subparagraph (A)(v) have been made; and[<-Struck out]
[Struck out->]
‘(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.’.[<-Struck out]
[Struck out->]
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN[<-Struck out]
SEC. 101. STOP GRANTS.[<-Struck out][Struck out->]Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 [<-Struck out]
[Struck out->](1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18) [<-Struck out]
[Struck out->](2) in section 2001(b) (42 U.S.C. 3796gg(b) [<-Struck out]
[Struck out->](A) in the matter preceding paragraph (1)--[<-Struck out]
[Struck out->](i) by striking ‘equipment’ and inserting ‘resources’; and[<-Struck out]
[Struck out->](ii) by inserting ‘for the protection and safety of victims,’ after ‘women,’;[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](C) in paragraph (2), by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’;[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](E) in paragraph (4)--[<-Struck out]
[Struck out->](i) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and[<-Struck out]
[Struck out->](ii) by inserting ‘, classifying,’ after ‘identifying’;[<-Struck out]
[Struck out->](F) in paragraph (5)--[<-Struck out]
[Struck out->](i) by inserting ‘and legal assistance’ after ‘victim services’;[<-Struck out]
[Struck out->](ii) by striking ‘domestic violence and dating violence’ and inserting ‘domestic violence, dating violence, and stalking’;[<-Struck out]
[Struck out->](iii) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and[<-Struck out]
[Struck out->](iv) by striking ‘including crimes’ and all that follows and inserting ‘including crimes of domestic violence, dating violence, sexual assault, and stalking;’;[<-Struck out]
[Struck out->](G) by striking paragraph (6) and redesignating paragraphs (7) through (14) as paragraphs (6) through (13), respectively;[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](I) in paragraph (7), as redesignated by subparagraph (G), by striking ‘and dating violence’ and inserting ‘dating violence, and stalking’;[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](K) in paragraph (12), as redesignated by subparagraph (G)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](ii) by striking ‘and’ at the end;[<-Struck out]
[Struck out->](L) in paragraph (13), as redesignated by subparagraph (G)--[<-Struck out]
[Struck out->](i) by striking ‘to provide’ and inserting ‘providing’;[<-Struck out]
[Struck out->](ii) by striking ‘nonprofit nongovernmental’;[<-Struck out]
[Struck out->](iii) by striking the comma after ‘local governments’; and[<-Struck out]
[Struck out->](iv) by striking the period at the end and inserting a semicolon;[<-Struck out]
[Struck out->](M) by inserting after paragraph (13), as redesignated by subparagraph (G), the following:[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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.’; and[<-Struck out]
[Struck out->](N) in the flush text at the end, by striking ‘paragraph (14)’ and inserting ‘paragraph (13)’;[<-Struck out]
[Struck out->](3) in section 2007 (42 U.S.C. 3796gg-1 [<-Struck out]
[Struck out->](A) in subsection (a), by striking ‘nonprofit nongovernmental victim service programs’ and inserting ‘victim service providers’;[<-Struck out]
[Struck out->](B) in subsection (b)(6), by striking ‘(not including populations of Indian tribes)’;[<-Struck out]
[Struck out->](C) in subsection (c)--[<-Struck out]
[Struck out->](i) by striking paragraph (2) and inserting the following:[<-Struck out]
[Struck out->]
‘(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with--[<-Struck out]
[Struck out->]
‘(A) the State sexual assault coalition;[<-Struck out]
[Struck out->]
‘(B) the State domestic violence coalition;[<-Struck out]
[Struck out->]
‘(C) the law enforcement entities within the State;[<-Struck out]
[Struck out->]
‘(D) prosecution offices;[<-Struck out]
[Struck out->]
‘(E) State and local courts;[<-Struck out]
[Struck out->]
‘(F) Tribal governments in those States with State or federally recognized Indian tribes;[<-Struck out]
[Struck out->]
‘(G) representatives from underserved populations;[<-Struck out]
[Struck out->]
‘(H) victim service providers;[<-Struck out]
[Struck out->]
‘(I) population specific organizations; and[<-Struck out]
[Struck out->]
‘(J) other entities that the State or the Attorney General identifies as needed for the planning process;’;[<-Struck out]
[Struck out->](ii) by striking paragraph (4);[<-Struck out]
[Struck out->](iii) by redesignating paragraph (3) as paragraph (4);[<-Struck out]
[Struck out->](iv) by inserting after paragraph (2), as amended by clause (i), the following:[<-Struck out]
[Struck out->]
‘(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 42 U.S.C. 10601 42 U.S.C. 280b-1b [<-Struck out]
[Struck out->](v) in paragraph (4), as redesignated by clause (ii)--[<-Struck out]
[Struck out->](I) in subparagraph (A), by striking ‘and not less than 25 percent shall be allocated for prosecutors’;[<-Struck out]
[Struck out->](II) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D);[<-Struck out]
[Struck out->](III) by inserting after subparagraph (A), the following:[<-Struck out]
[Struck out->]
‘(B) not less than 25 percent shall be allocated for prosecutors;’;[<-Struck out]
[Struck out->](IV) in subparagraph (C), as redesignated by subclause (II), by striking ‘culturally specific community based’ and inserting ‘population specific’; and[<-Struck out]
[Struck out->](V) in subparagraph (D) as redesignated by subclause (II) by striking ‘for’ and inserting ‘to’; and[<-Struck out]
[Struck out->](vi) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(5) not later than 3 years after the date of enactment of this Act, and every year thereafter, not less than 25 percent of the total amount granted to a State under this subchapter shall be allocated for programs or projects that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.’;[<-Struck out]
[Struck out->](D) by striking subsection (d) and inserting the following:[<-Struck out]
[Struck out->]
‘(d) Application Requirements- An application for a grant under this section shall include--[<-Struck out]
[Struck out->]
‘(1) the certifications of qualification required under subsection (c);[<-Struck out]
[Struck out->]
‘(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 2010;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 2013 of this title;[<-Struck out]
[Struck out->]
‘(5) an implementation plan required under subsection (i); and[<-Struck out]
[Struck out->]
‘(6) any other documentation that the Attorney General may require.’;[<-Struck out]
[Struck out->](E) in subsection (e)--[<-Struck out]
[Struck out->](i) in paragraph (2)--[<-Struck out]
[Struck out->](I) in subparagraph (A), by striking ‘domestic violence and sexual assault’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and[<-Struck out]
[Struck out->](II) in subparagraph (D), by striking ‘linguistically and culturally’ and inserting ‘population’; and[<-Struck out]
[Struck out->](ii) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](G) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(i) Implementation Plans- A State applying for a grant under this part shall--[<-Struck out]
[Struck out->]
‘(1) develop an implementation plan in consultation with the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this part; and[<-Struck out]
[Struck out->]
‘(2) submit to the Attorney General--[<-Struck out]
[Struck out->]
‘(A) the implementation plan developed under paragraph (1);[<-Struck out]
[Struck out->]
‘(B) documentation from each member of the planning committee as to their participation in the planning process;[<-Struck out]
[Struck out->]
‘(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing--[<-Struck out]
[Struck out->]
‘(i) the need for the grant funds;[<-Struck out]
[Struck out->]
‘(ii) the intended use of the grant funds;[<-Struck out]
[Struck out->]
‘(iii) the expected result of the grant funds; and[<-Struck out]
[Struck out->]
‘(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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);[<-Struck out]
[Struck out->]
‘(F) a description of how the State plans to meet the requirements of subsection (c)(5);[<-Struck out]
[Struck out->]
‘(G) goals and objectives for reducing domestic violence-related homicides within the State; and[<-Struck out]
[Struck out->]
‘(H) any other information requested by the Attorney General.[<-Struck out]
[Struck out->]
‘(j) Reallocation of Funds- A State may use any returned or remaining funds for any authorized purpose under this part if--[<-Struck out]
[Struck out->]
‘(1) funds from a subgrant awarded under this part are returned to the State; or[<-Struck out]
[Struck out->]
‘(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),’;[<-Struck out]
[Struck out->](4) in section 2010 (42 U.S.C. 3796gg-4 [<-Struck out]
[Struck out->](A) in subsection (a), by striking paragraph (1) and inserting the following:[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](B) in subsection (b)--[<-Struck out]
[Struck out->](i) in paragraph (1), by inserting ‘or’ after the semicolon;[<-Struck out]
[Struck out->](ii) in paragraph (2), by striking ‘; or’ and inserting a period; and[<-Struck out]
[Struck out->](iii) by striking paragraph (3);[<-Struck out]
[Struck out->](C) in subsection (c), by striking ‘, except that such funds’ and all that follows and inserting a period; and[<-Struck out]
[Struck out->](D) by amended subsection (d) to read as follows:[<-Struck out]
[Struck out->]
‘(d) Noncooperation-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1) [<-Struck out]
[Struck out->](A) by inserting ‘modification, enforcement, dismissal,’ after ‘registration,’ each place it appears; and[<-Struck out]
[Struck out->](B) by striking ‘domestic violence’ and all that follows through ‘sexual assault’ and inserting ‘domestic violence, dating violence, sexual assault, or stalking’.[<-Struck out]
[Struck out->]SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS.[<-Struck out][Struck out->](a) In General- Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh [<-Struck out]
[Struck out->](1) in section 2101 (42 U.S.C. 3796hh [<-Struck out]
[Struck out->](A) in subsection (b)--[<-Struck out]
[Struck out->](i) in the matter preceding paragraph (1), by striking ‘States,’ and all that follows through ‘units of local government’ and inserting ‘grantees’;[<-Struck out]
[Struck out->](ii) in paragraph (1), by inserting ‘and enforcement of protection orders across State and tribal lines’ before the period;[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](v) in paragraph (5), by inserting ‘and other victim services’ after ‘legal advocacy service programs’;[<-Struck out]
[Struck out->](vi) in paragraph (6), by striking ‘judges’ and inserting ‘Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel’;[<-Struck out]
[Struck out->](vii) in paragraph (8), by striking ‘and sexual assault’ and inserting ‘dating violence, sexual assault, and stalking’;[<-Struck out]
[Struck out->](viii) in paragraph (10), by striking ‘non-profit, non-governmental victim services organizations,’ and inserting ‘victim service providers, population specific organizations,’; and[<-Struck out]
[Struck out->](ix) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by--[<-Struck out]
[Struck out->]
‘(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;[<-Struck out]
[Struck out->]
‘(B) identifying and managing high-risk offenders; and[<-Struck out]
[Struck out->]
‘(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.’;[<-Struck out]
[Struck out->](B) in subsection (c)--[<-Struck out]
[Struck out->](i) in paragraph (1)--[<-Struck out]
[Struck out->](I) in the matter preceding subparagraph (A), by inserting ‘except for a court,’ before ‘certify’; and[<-Struck out]
[Struck out->](II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;[<-Struck out]
[Struck out->](ii) in paragraph (2), by inserting ‘except for a court,’ before ‘demonstrate’;[<-Struck out]
[Struck out->](iii) in paragraph (4)--[<-Struck out]
[Struck out->](I) by inserting ‘modification, enforcement, dismissal,’ after ‘registration,’ each place it appears;[<-Struck out]
[Struck out->](II) by inserting ‘dating violence,’ after ‘domestic violence,’; and[<-Struck out]
[Struck out->](III) by striking ‘and’ at the end;[<-Struck out]
[Struck out->](iv) in paragraph (5)--[<-Struck out]
[Struck out->](I) in the matter preceding subparagraph (A), by striking ‘, not later than 3 years after the date of enactment of this section,’;[<-Struck out]
[Struck out->](II) by inserting ‘, trial of, or sentencing for’ after ‘investigation of’ each place it appears;[<-Struck out]
[Struck out->](III) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;[<-Struck out]
[Struck out->](IV) in clause (ii), as redesignated by subclause (III) of this clause, by striking ‘subparagraph (A)’ and inserting ‘clause (i)’; and[<-Struck out]
[Struck out->](V) by striking the period at the end and inserting ‘; and’;[<-Struck out]
[Struck out->](v) by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively;[<-Struck out]
[Struck out->](vi) in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph--[<-Struck out]
[Struck out->](I) by striking the comma that immediately follows another comma; and[<-Struck out]
[Struck out->](II) by striking ‘grantees are States’ and inserting the following: ‘grantees are--[<-Struck out]
[Struck out->]
‘(1) States’; and[<-Struck out]
[Struck out->](vii) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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).’;[<-Struck out]
[Struck out->](C) in subsection (d)--[<-Struck out]
[Struck out->](i) in paragraph (1)--[<-Struck out]
[Struck out->](I) in the matter preceding subparagraph (A), by inserting ‘, policy,’ after ‘law’; and[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](ii) in paragraph (2), by striking ‘it’ and inserting ‘its’; and[<-Struck out]
[Struck out->](D) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(f) 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[<-Struck out]
[Struck out->](2) in section 2102(a) (42 U.S.C. 3796hh-1(a) [<-Struck out]
[Struck out->](A) in paragraph (1), by inserting ‘court,’ after ‘tribal government,’; and[<-Struck out]
[Struck out->](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’.[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](1) by striking ‘$75,000,000’ and all that follows through ‘2011.’ and inserting ‘$70,000,000 for each of fiscal years 2012 through 2016.’; and[<-Struck out]
[Struck out->](2) by striking the period that immediately follows another period.[<-Struck out]
[Struck out->]SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.[<-Struck out][Struck out->]Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6 [<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) in the first sentence, by striking ‘arising as a consequence of’ and inserting ‘relating to or arising out of’; and[<-Struck out]
[Struck out->](B) in the second sentence, by inserting ‘or arising out of’ after ‘relating to’;[<-Struck out]
[Struck out->](2) in subsection (b)--[<-Struck out]
[Struck out->](A) in the heading, by inserting ‘and Grant Conditions’ after ‘Definitions’; and[<-Struck out]
[Struck out->](B) by inserting ‘and grant conditions’ after ‘definitions’;[<-Struck out]
[Struck out->](3) in subsection (c)--[<-Struck out]
[Struck out->](A) in paragraph (1), by striking ‘victims services organizations’ and inserting ‘victim service providers’; and[<-Struck out]
[Struck out->](B) by striking paragraph (3) and inserting the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](4) in subsection (d)--[<-Struck out]
[Struck out->](A) in paragraph (1), by striking ‘this section has completed’ and all that follows and inserting the following: ‘this section--’[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](B) in paragraph (2), by striking ‘stalking organization’ and inserting ‘stalking victim service provider’; and[<-Struck out]
[Struck out->](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.’.[<-Struck out]
[Struck out->]SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.[<-Struck out][Struck out->](a) In General- Title III of division B of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386 42 U.S.C. 10420 Public Law 109-162 [<-Struck out]
[Struck out->]‘SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Use of Funds- A grant under this section may be used to--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(3) educate court-based and court-related personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault, and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(5) enable courts or court-based or court-related programs to develop or enhance--[<-Struck out]
[Struck out->]
‘(A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services);[<-Struck out]
[Struck out->]
‘(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);[<-Struck out]
[Struck out->]
‘(C) offender management, monitoring, and accountability programs;[<-Struck out]
[Struck out->]
‘(D) safe and confidential information-storage and information-sharing databases within and between court systems;[<-Struck out]
[Struck out->]
‘(E) education and outreach programs to improve community access, including enhanced access for underserved populations; and[<-Struck out]
[Struck out->]
‘(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking;[<-Struck out]
[Struck out->]
‘(6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to--[<-Struck out]
[Struck out->]
‘(A) victims of domestic violence; and[<-Struck out]
[Struck out->]
‘(B) nonoffending parents in matters--[<-Struck out]
[Struck out->]
‘(i) that involve allegations of child sexual abuse;[<-Struck out]
[Struck out->]
‘(ii) that relate to family matters, including civil protection orders, custody, and divorce; and[<-Struck out]
[Struck out->]
‘(iii) in which the other parent is represented by counsel;[<-Struck out]
[Struck out->]
‘(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 are proceeding with the assistance of a legal advocate; and[<-Struck out]
[Struck out->]
‘(8) to improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system.[<-Struck out]
[Struck out->]
‘(c) Considerations-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider--[<-Struck out]
[Struck out->]
‘(A) the number of families to be served by the proposed programs and services;[<-Struck out]
[Struck out->]
‘(B) the extent to which the proposed programs and services serve underserved populations;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(d) Applicant Requirements- The Attorney General may make a grant under this section to an applicant that--[<-Struck out]
[Struck out->]
‘(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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 organization or coalition on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make recommendations on custody and visitation.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(f) Allotment for Indian Tribes-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) APPLICABILITY OF PART- The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).’.[<-Struck out]
[Struck out->](b) Technical and Conforming Amendment- Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C. 14043 [<-Struck out]
[Struck out->]SEC. 105. SEX OFFENDER MANAGEMENT.[<-Struck out][Struck out->]Section 40152(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13941 [<-Struck out]
[Struck out->]SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.[<-Struck out][Struck out->]Subtitle B of title II of the Crime Control Act of 1990 (42 U.S.C. 13011 [<-Struck out]
[Struck out->](1) in section 216 (42 U.S.C. 13012 [<-Struck out]
[Struck out->](2) in section 217 (42 U.S.C. 13013 [<-Struck out]
[Struck out->](A) by striking ‘Code of Ethics’ in section (c)(2) and inserting ‘Standards for Programs’; and[<-Struck out]
[Struck out->](B) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](3) in section 219(a) (42 U.S.C. 13014(a) [<-Struck out]
[Struck out->]SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING CYBERSTALKING.[<-Struck out][Struck out->]Section 2261A of title 18, United States Code
[Struck out->]‘Sec. 2261A. Stalking[<-Struck out]
[Struck out->]
‘Whoever--[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) places that person in reasonable fear of the death of, or serious bodily injury to--[<-Struck out]
[Struck out->]
‘(i) that person;[<-Struck out]
[Struck out->]
‘(ii) an immediate family member (as defined in section 115) of that person; or[<-Struck out]
[Struck out->]
‘(iii) a spouse or intimate partner of that person; or[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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),[<-Struck out]
[Struck out->]shall be punished as provided in section 2261(b) of this title.’.[<-Struck out]
[Struck out->]SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.[<-Struck out][Struck out->]Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045 [<-Struck out]
[Struck out->]‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.[<-Struck out]
[Struck out->]
‘(a) Grants Authorized-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- Of the amounts appropriated under the grant programs identified in paragraph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in subsection (b) of this section to develop and implement outreach strategies targeted at adult, or youth, victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in underserved populations. The requirements of the grant programs identified in paragraph (3) shall not apply to this grant program.[<-Struck out]
[Struck out->]
‘(2) PROGRAMS COVERED- The programs covered by paragraph (2) are the programs carried out under the following provisions:[<-Struck out]
[Struck out->]
‘(A) Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (STOP Grants).[<-Struck out]
[Struck out->]
‘(B) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies).[<-Struck out]
[Struck out->]
‘(b) Eligible Entities- Eligible entities under this section are--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(2) victim service providers offering population specific services for a specific underserved population; or[<-Struck out]
[Struck out->]
‘(3) victim service providers working in partnership with a national, State, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.[<-Struck out]
[Struck out->]
‘(c) Planning Grants- The Attorney General may use up to 30 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--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific victim services;[<-Struck out]
[Struck out->]
‘(2) strengthening the capacity of underserved populations to provide population specific victim services;[<-Struck out]
[Struck out->]
‘(3) strengthening the capacity of traditional victim service providers to provide population specific services;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.[<-Struck out][Struck out->]Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045a [<-Struck out]
[Struck out->](1) in the section heading, by striking ‘and linguistically’;[<-Struck out]
[Struck out->](2) by striking ‘and linguistically’ each place it appears;[<-Struck out]
[Struck out->](3) by striking ‘and linguistic’ each place it appears;[<-Struck out]
[Struck out->](4) by striking subsection (a)(2) and inserting:[<-Struck out]
[Struck out->]
‘(2) PROGRAMS COVERED- The programs covered by paragraph (1) are the programs carried out under the following provisions:[<-Struck out]
[Struck out->]
‘(A) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders).[<-Struck out]
[Struck out->]
‘(B) Section 1401 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-6 [<-Struck out]
[Struck out->]
‘(C) Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 13971 [<-Struck out]
[Struck out->]
‘(D) Section 40802a of the Violence Against Women Act of 1994 (42 U.S.C. 14041a [<-Struck out]
[Struck out->]
‘(E) Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7 [<-Struck out]
[Struck out->](5) in subsection (g), by striking ‘linguistic and’.[<-Struck out]
[Struck out->]
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out]
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.[<-Struck out][Struck out->](a) Grants to States and Territories- Section 41601(b) of the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b) [<-Struck out]
[Struck out->](1) in paragraph (1)--[<-Struck out]
[Struck out->](A) by striking ‘governmental and non-governmental’; and[<-Struck out]
[Struck out->](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.’;[<-Struck out]
[Struck out->](2) in paragraph (2)--[<-Struck out]
[Struck out->](A) in subparagraph (B), by striking ‘nonprofit, nongovernmental organizations for programs and activities’ and inserting ‘nongovernmental or tribal programs and activities’; and[<-Struck out]
[Struck out->](B) in subparagraph (C)(v), by striking ‘linguistically and’; and[<-Struck out]
[Struck out->](3) in paragraph (4)--[<-Struck out]
[Struck out->](A) by inserting ‘(including the District of Columbia and Puerto Rico)’ after ‘The Attorney General shall allocate to each State’;[<-Struck out]
[Struck out->](B) by striking ‘the District of Columbia, Puerto Rico,’ after ‘Guam’;[<-Struck out]
[Struck out->](C) by striking ‘0.125 percent’ and inserting ‘0.25 percent’; and[<-Struck out]
[Struck out->](D) by striking ‘The District of Columbia shall be treated as a territory for purposes of calculating its allocation under the preceding formula.’.[<-Struck out]
[Struck out->](b) Authorization of Appropriations- Section 41601(f)(1) of the Violence Against Women Act of 1994 (42 U.S.C. 14043g(f)(1) [<-Struck out]
[Struck out->]SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.[<-Struck out][Struck out->]Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 13971 [<-Struck out]
[Struck out->](1) in subsection (a)(1)(H), by inserting ‘, including sexual assault forensic examiners’ before the semicolon;[<-Struck out]
[Struck out->](2) in subsection (b)--[<-Struck out]
[Struck out->](A) in paragraph (1)--[<-Struck out]
[Struck out->](i) by striking ‘victim advocacy groups’ and inserting ‘victim service providers’; and[<-Struck out]
[Struck out->](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;[<-Struck out]
[Struck out->](B) in paragraph (2)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](ii) by striking ‘and’ at the end;[<-Struck out]
[Struck out->](C) in paragraph (3), by striking the period at the end and inserting ‘; and’; and[<-Struck out]
[Struck out->](D) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(4) developing, enlarging, or strengthening programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs.’; and[<-Struck out]
[Struck out->](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’.[<-Struck out]
[Struck out->]SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH DISABILITIES GRANTS.[<-Struck out][Struck out->]Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7 [<-Struck out]
[Struck out->](1) in subsection (b)--[<-Struck out]
[Struck out->](A) in paragraph (1), by inserting ‘(including using evidence-based indicators to assess the risk of domestic and dating violence homicide)’ after ‘risk reduction’;[<-Struck out]
[Struck out->](B) in paragraph (4), by striking ‘victim service organizations’ and inserting ‘victim service providers’; and[<-Struck out]
[Struck out->](C) in paragraph (5), by striking ‘victim services organizations’ and inserting ‘victim service providers’;[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](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’.[<-Struck out]
[Struck out->]SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER LIFE.[<-Struck out][Struck out->]Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C. 14041a [<-Struck out]
[Struck out->]‘SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER LIFE.[<-Struck out]
[Struck out->]
‘(a) Definitions- In this section--[<-Struck out]
[Struck out->]
‘(1) the term ‘eligible entity’ means an entity that--[<-Struck out]
[Struck out->]
‘(A) is--[<-Struck out]
[Struck out->]
‘(i) a State;[<-Struck out]
[Struck out->]
‘(ii) a unit of local government;[<-Struck out]
[Struck out->]
‘(iii) a tribal government or tribal organization;[<-Struck out]
[Struck out->]
‘(iv) a population specific organization with demonstrated experience in assisting individuals in later life;[<-Struck out]
[Struck out->]
‘(v) a victim service provider; or[<-Struck out]
[Struck out->]
‘(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; and[<-Struck out]
[Struck out->]
‘(B) is partnered with--[<-Struck out]
[Struck out->]
‘(i) a law enforcement agency;[<-Struck out]
[Struck out->]
‘(ii) an office of a prosecutor;[<-Struck out]
[Struck out->]
‘(iii) a victim service provider; or[<-Struck out]
[Struck out->]
‘(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life;[<-Struck out]
[Struck out->]
‘(2) the term ‘exploitation’ has the meaning given the term in section 2011 of the Social Security Act (42 U.S.C. 1397j [<-Struck out]
[Struck out->]
‘(3) the term ‘later life’, relating to an individual, means the individual is 50 years of age or older; and[<-Struck out]
[Struck out->]
‘(4) the term ‘neglect’ means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an individual in later life.[<-Struck out]
[Struck out->]
‘(b) Grant Program-[<-Struck out]
[Struck out->]
‘(1) GRANTS AUTHORIZED- The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2).[<-Struck out]
[Struck out->]
‘(2) MANDATORY AND PERMISSIBLE ACTIVITIES-[<-Struck out]
[Struck out->]
‘(A) MANDATORY ACTIVITIES- An eligible entity receiving a grant under this section shall use the funds received under the grant to--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(ii) provide or enhance services for victims of elder abuse;[<-Struck out]
[Struck out->]
‘(iii) establish or support multidisciplinary collaborative community responses to victims of elder abuse; and[<-Struck out]
[Struck out->]
‘(iv) conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population specific organizations, faith-based advocates, victim service providers, and courts to better serve victims of elder abuse.[<-Struck out]
[Struck out->]
‘(B) PERMISSIBLE ACTIVITIES- An eligible entity receiving a grant under this section may use not more than 10 percent of the funds received under the grant to--[<-Struck out]
[Struck out->]
‘(i) provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of elder abuse; or[<-Struck out]
[Struck out->]
‘(ii) conduct outreach activities and awareness campaigns to ensure that victims of elder abuse receive appropriate assistance.[<-Struck out]
[Struck out->]
‘(3) UNDERSERVED POPULATIONS- In making grants under this section, the Attorney General shall give priority to proposals providing culturally specific or population specific services.[<-Struck out]
[Struck out->]
‘(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2012 through 2016.’.[<-Struck out]
[Struck out->]
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE[<-Struck out]
SEC. 301. RAPE PREVENTION EDUCATION GRANT.[<-Struck out][Struck out->]Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b [<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) in the matter preceding paragraph (1), by inserting ‘, territorial or tribal’ after ‘crisis centers, State’; and[<-Struck out]
[Struck out->](B) in paragraph (6), by inserting ‘and alcohol’ after ‘about drugs’; and[<-Struck out]
[Struck out->](2) in subsection (c)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](B) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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 District of Columbia, or Puerto Rico does not utilize its $150,000, such amount shall be redistributed on the basis of population.’.[<-Struck out]
[Struck out->]SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH.[<-Struck out][Struck out->]Subtitle L of the Violence Against Women Act of 1994 is amended by striking sections 41201 through 41204 (42 U.S.C. 14043c [<-Struck out]
[Struck out->]‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH (‘CHOOSE CHILDREN & YOUTH’).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Program Purposes- Funds provided under this section may be used for the following program purpose areas:[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(B) develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, or stalking against youth; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) SUPPORTING YOUTH THROUGH EDUCATION AND PROTECTION- To enable middle schools, high schools, and institutions of higher education to--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(c) Eligible Applicants-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- To be eligible to receive a grant under this section, an entity shall be--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth.[<-Struck out]
[Struck out->]
‘(2) PARTNERSHIPS-[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) a State, tribe, unit of local government, or territory;[<-Struck out]
[Struck out->]
‘(ii) a population specific or community-based organization;[<-Struck out]
[Struck out->]
‘(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(d) Grantee Requirements- Applicants for grants under this section shall establish and implement policies, practices, and procedures that--[<-Struck out]
[Struck out->]
‘(1) require and include appropriate referral systems for child and youth victims;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(g) Allotment-[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(h) Priority- The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.’.[<-Struck out]
[Struck out->]SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.[<-Struck out][Struck out->]Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b [<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) in paragraph (1)--[<-Struck out]
[Struck out->](i) by striking ‘stalking on campuses, and’ and inserting ‘stalking on campuses,’;[<-Struck out]
[Struck out->](ii) by striking ‘crimes against women on’ and inserting ‘crimes on’; and[<-Struck out]
[Struck out->](iii) by inserting ‘, and to develop and strengthen prevention education and awareness programs’ before the period; and[<-Struck out]
[Struck out->](B) in paragraph (2), by striking ‘$500,000’ and inserting ‘$300,000’;[<-Struck out]
[Struck out->](2) in subsection (b)--[<-Struck out]
[Struck out->](A) in paragraph (2)--[<-Struck out]
[Struck out->](i) by inserting ‘, strengthen,’ after ‘To develop’; and[<-Struck out]
[Struck out->](ii) by inserting ‘including the use of technology to commit these crimes,’ after ‘sexual assault and stalking,’;[<-Struck out]
[Struck out->](B) in paragraph (4)--[<-Struck out]
[Struck out->](i) by inserting ‘and population specific services’ after ‘strengthen victim services programs’;[<-Struck out]
[Struck out->](ii) by striking ‘entities carrying out’ and all that follows through ‘stalking victim services programs’ and inserting ‘victim service providers’; and[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](C) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](3) in subsection (c)--[<-Struck out]
[Struck out->](A) in paragraph (2)--[<-Struck out]
[Struck out->](i) in subparagraph (B), by striking ‘any non-profit’ and all that follows through ‘victim services programs’ and inserting ‘victim service providers’;[<-Struck out]
[Struck out->](ii) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and[<-Struck out]
[Struck out->](iii) by inserting after subparagraph (C), the following:[<-Struck out]
[Struck out->]
‘(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;’; and[<-Struck out]
[Struck out->](B) in paragraph (3), by striking ‘2007 through 2011’ and inserting ‘2012 through 2016’;[<-Struck out]
[Struck out->](4) in subsection (d)--[<-Struck out]
[Struck out->](A) by redesignating paragraph (3) as paragraph (4); and[<-Struck out]
[Struck out->](B) by inserting after paragraph (2), the following:[<-Struck out]
[Struck out->]
‘(3) GRANTEE MINIMUM REQUIREMENTS- Each grantee shall comply with the following minimum requirements during the grant period:[<-Struck out]
[Struck out->]
‘(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.[<-Struck out]
[Struck out->]
‘(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.[<-Struck out]
[Struck out->]
‘(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](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.’.[<-Struck out]
[Struck out->]SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING EDUCATION AND PREVENTION.[<-Struck out][Struck out->](a) In General- Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f) [<-Struck out]
[Struck out->](1) in paragraph (1)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](B) in subparagraph (F)--[<-Struck out]
[Struck out->](i) in clause (i)(VIII), by striking ‘and’ after the semicolon;[<-Struck out]
[Struck out->](ii) in clause (ii)--[<-Struck out]
[Struck out->](I) by striking ‘sexual orientation’ and inserting ‘national origin, sexual orientation, gender identity,’; and[<-Struck out]
[Struck out->](II) by striking the period and inserting ‘; and’; and[<-Struck out]
[Struck out->](iii) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.’;[<-Struck out]
[Struck out->](2) in paragraph (3), by inserting ‘, that withholds the names of victims as confidential,’ after ‘that is timely’;[<-Struck out]
[Struck out->](3) in paragraph (6)(A)--[<-Struck out]
[Struck out->](A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively;[<-Struck out]
[Struck out->](B) by inserting before clause (ii), as redesignated by subparagraph (A), the following:[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->](C) by inserting after clause (iv), as redesignated by subparagraph (A), the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](4) in paragraph (7)--[<-Struck out]
[Struck out->](A) by striking ‘paragraph (1)(F)’ and inserting ‘clauses (i) and (ii) of paragraph (1)(F)’; and[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](5) by striking paragraph (8) and inserting the following:[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and[<-Struck out]
[Struck out->]
‘(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported.[<-Struck out]
[Struck out->]
‘(B) The policy described in subparagraph (A) shall address the following areas:[<-Struck out]
[Struck out->]
‘(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include--[<-Struck out]
[Struck out->]
‘(I) primary prevention and awareness programs for all incoming students and new employees, which shall include--[<-Struck out]
[Struck out->]
‘(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;[<-Struck out]
[Struck out->]
‘(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;[<-Struck out]
[Struck out->]
‘(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and[<-Struck out]
[Struck out->]
‘(ff) the information described in clauses (ii) through (vii); and[<-Struck out]
[Struck out->]
‘(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(II) to whom the alleged offense should be reported;[<-Struck out]
[Struck out->]
‘(III) options regarding law enforcement and campus authorities, including notification of the victim’s option to--[<-Struck out]
[Struck out->]
‘(aa) notify proper law enforcement authorities, including on-campus and local police;[<-Struck out]
[Struck out->]
‘(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and[<-Struck out]
[Struck out->]
‘(cc) decline to notify such authorities; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(I) such proceedings shall--[<-Struck out]
[Struck out->]
‘(aa) provide a prompt and equitable investigation and resolution; and[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(III) both the accuser and the accused shall be simultaneously informed, in writing, of--[<-Struck out]
[Struck out->]
‘(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;[<-Struck out]
[Struck out->]
‘(bb) the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;[<-Struck out]
[Struck out->]
‘(cc) of any change to the results that occurs prior to the time that such results become final; and[<-Struck out]
[Struck out->]
‘(dd) when such results become final.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(vi) Notification of students about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.[<-Struck out]
[Struck out->]
‘(vii) 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.[<-Struck out]
[Struck out->]
‘(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).’;[<-Struck out]
[Struck out->](6) in paragraph (9), by striking ‘The Secretary’ and inserting ‘The Secretary, in consultation with the Attorney General of the United States,’;[<-Struck out]
[Struck out->](7) by striking paragraph (16) and inserting the following:[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](8) by striking paragraph (17) and inserting the following:[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->]
TITLE IV--VIOLENCE REDUCTION PRACTICES[<-Struck out]
SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.[<-Struck out][Struck out->]Section 402(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c) [<-Struck out]
[Struck out->]SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION GRANTS.[<-Struck out][Struck out->](a) SMART Prevention- Section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-2 [<-Struck out]
[Struck out->]‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART PREVENTION).[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Use of Funds- Funds provided under this section may be used for the following purposes:[<-Struck out]
[Struck out->]
‘(1) TENN 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--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and[<-Struck out]
[Struck out->]
‘(D) policy development targeted to prevention, including school-based policies and protocols.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(c) Eligible Entities- To be an eligible to receive a grant under this section, an entity shall be--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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:[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(d) Grantee Requirements-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) POLICIES AND PROCEDURES- Applicants under this section shall establish and implement policies, practices, and procedures that--[<-Struck out]
[Struck out->]
‘(A) include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(D) document how prevention programs are coordinated with service programs in the community.[<-Struck out]
[Struck out->]
‘(3) PREFERENCE- In selecting grant recipients under this section, the Attorney General shall give preference to applicants that--[<-Struck out]
[Struck out->]
‘(A) include outcome-based evaluation; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(g) Allotment-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- Not less than 25 percent of the total amounts appropriated under this section in each fiscal year shall be used for each set of purposes described in paragraphs (1), (2), and (3) of subsection (a).[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](b) Repeals- The following provisions are repealed:[<-Struck out]
[Struck out->](1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-3 [<-Struck out]
[Struck out->](2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c [<-Struck out]
[Struck out->]
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out]
SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out] [Struck out->](a) Grants- Section 399P of the Public Health Service Act (42 U.S.C. 280g-4 [<-Struck out]
[Struck out->]‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out]
[Struck out->]
‘(a) In General- The Secretary shall award grants for--[<-Struck out]
[Struck out->]
‘(1) the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, and allied health professionals;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Use of Funds-[<-Struck out]
[Struck out->]
‘(1) REQUIRED USES- Amounts provided under a grant under this section shall be used to--[<-Struck out]
[Struck out->]
‘(A) fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(iii) the development of measures and methods for the evaluation of the practice of identification, intervention, and documentation regarding victims of domestic violence, dating violence, sexual assault, and stalking, including the development and testing of quality improvement measurements; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) PERMISSIBLE USES-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(C) OTHER USES- Grants funded under subsection (a)(3) may be used for--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(ii) the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(c) Requirements for Grantees-[<-Struck out]
[Struck out->]
‘(1) CONFIDENTIALITY AND SAFETY-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(3) APPLICATION-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) SUBSECTION (a)(1) AND (2) GRANTEES- Applications for grants under paragraphs (1) and (2) of subsection (a) shall include--[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(I) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field;[<-Struck out]
[Struck out->]
‘(II) a health care facility or system; or[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(C) SUBSECTION (a)(3) GRANTEES- An entity desiring a grant under subsection (a)(3) shall submit an application to the Secretary at such time, in such a manner, and containing such information and assurances as the Secretary may require, including--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(d) Eligible Entities-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(B) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health;[<-Struck out]
[Struck out->]
‘(C) a health care provider membership or professional organization, or a health care system; or[<-Struck out]
[Struck out->]
‘(D) a State, tribal, territorial, or local entity.[<-Struck out]
[Struck out->]
‘(2) SUBSECTION (a)(3) GRANTEES- To be eligible to receive funding under subsection (a)(3), an entity shall be--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(e) Technical Assistance-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(3) REPORTING- The Secretary shall publish a biennial report on--[<-Struck out]
[Struck out->]
‘(A) the distribution of funds under this section; and[<-Struck out]
[Struck out->]
‘(B) the programs and activities supported by such funds.[<-Struck out]
[Struck out->]
‘(f) Research and Evaluation-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) grants awarded under this section; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) RESEARCH- Research authorized in paragraph (1) may include--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(B) research to determine effective health care interventions to respond to and prevent domestic violence, dating violence, sexual assault, and stalking;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](b) Repeals- The following provisions are repealed:[<-Struck out]
[Struck out->](1) Section 40297 of the Violence Against Women Act of 1994 (42 U.S.C. 13973 [<-Struck out]
[Struck out->](2) Section 758 of the Public Health Service Act (42 U.S.C. 294h [<-Struck out]
[Struck out->]
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out]
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out][Struck out->](a) Amendment- Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e [<-Struck out]
[Struck out->](1) by inserting after the subtitle heading the following:[<-Struck out]
[Struck out->]‘CHAPTER 1--GRANT PROGRAMS’;[<-Struck out]
[Struck out->](2) in section 41402 (42 U.S.C. 14043e-1 [<-Struck out]
[Struck out->](3) in section 41403 (42 U.S.C. 14043e-2 [<-Struck out]
[Struck out->](4) by adding at the end the following:[<-Struck out]
[Struck out->]‘CHAPTER 2--HOUSING RIGHTS[<-Struck out]
[Struck out->]‘SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out]
[Struck out->]
‘(a) Definitions- In this chapter:[<-Struck out]
[Struck out->]
‘(1) 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 [<-Struck out]
[Struck out->]
‘(2) COVERED HOUSING PROGRAM- The term ‘covered housing program’ means--[<-Struck out]
[Struck out->]
‘(A) the program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q [<-Struck out]
[Struck out->]
‘(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013 [<-Struck out]
[Struck out->]
‘(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 [<-Struck out]
[Struck out->]
‘(D) the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 [<-Struck out]
[Struck out->]
‘(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 [<-Struck out]
[Struck out->]
‘(F) the program under paragraph (3) of section 221(d) of the National Housing Act (12 U.S.C. 1715l(d) [<-Struck out]
[Struck out->]
‘(G) the program under section 236 of the National Housing Act (12 U.S.C. 1715z-1 [<-Struck out]
[Struck out->]
‘(H) the programs under sections 6 and 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d [<-Struck out]
[Struck out->]
‘(I) rural housing assistance provided under sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 1484 [<-Struck out]
[Struck out->]
‘(J) the low income housing tax credit program under section 42 of the Internal Revenue Code of 1986.[<-Struck out]
[Struck out->]
‘(3) IMMEDIATE FAMILY MEMBER- The term ‘immediate family member’ means, with respect to an individual--[<-Struck out]
[Struck out->]
‘(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom such individual stands in loco parentis;[<-Struck out]
[Struck out->]
‘(B) any individual living in the household of such individual who is related to such individual by blood or marriage; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(b) Prohibited Basis for Denial or Termination of Assistance or Eviction-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) CONSTRUCTION OF LEASE TERMS- An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(3) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY-[<-Struck out]
[Struck out->]
‘(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 member of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.[<-Struck out]
[Struck out->]
‘(B) BIFURCATION-[<-Struck out]
[Struck out->]
‘(i) IN GENERAL- Notwithstanding subparagraph (A), an 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 member 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.[<-Struck out]
[Struck out->]
‘(ii) EFFECT OF EVICTION ON OTHER TENANTS- If an 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 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 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.[<-Struck out]
[Struck out->]
‘(C) RULES OF CONSTRUCTION- Nothing in subparagraph (A) shall be construed--[<-Struck out]
[Struck out->]
‘(i) to limit the authority of an 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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(II) the distribution or possession of property among members of a household in a case;[<-Struck out]
[Struck out->]
‘(ii) to limit any otherwise available authority of an 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 the 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;[<-Struck out]
[Struck out->]
‘(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 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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(c) Documentation-[<-Struck out]
[Struck out->]
‘(1) REQUEST FOR DOCUMENTATION- If an applicant for or tenant of housing assisted under a covered housing program represents to the owner or manager of the housing that the individual is entitled to protection under subsection (b), the owner or manager may request, in writing, that the tenant submit to the owner or manager a form of documentation described in paragraph (3).[<-Struck out]
[Struck out->]
‘(2) FAILURE TO PROVIDE CERTIFICATION- If a 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 housing, nothing in this chapter may be construed to limit the authority of the owner or manager to evict any tenant or lawful occupant that commits violations of a lease. The owner or manager of the housing may extend the 14-day deadline at its discretion.[<-Struck out]
[Struck out->]
‘(3) FORM OF DOCUMENTATION- A form of documentation described in this paragraph is--[<-Struck out]
[Struck out->]
‘(A) a certification form approved by the appropriate agency that--[<-Struck out]
[Struck out->]
‘(i) states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(B) a document that--[<-Struck out]
[Struck out->]
‘(i) is signed by--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(II) the applicant or tenant; and[<-Struck out]
[Struck out->]
‘(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);[<-Struck out]
[Struck out->]
‘(C) a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or[<-Struck out]
[Struck out->]
‘(D) at the discretion of an owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.[<-Struck out]
[Struck out->]
‘(4) CONFIDENTIALITY- Any information submitted to an 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 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--[<-Struck out]
[Struck out->]
‘(A) requested or consented to by the individual in writing;[<-Struck out]
[Struck out->]
‘(B) required for use in an eviction proceeding under subsection (b); or[<-Struck out]
[Struck out->]
‘(C) otherwise required by applicable law.[<-Struck out]
[Struck out->]
‘(5) DOCUMENTATION NOT REQUIRED- Nothing in this subsection shall be construed to require an 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.[<-Struck out]
[Struck out->]
‘(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 documentation received under this subsection, shall not be sufficient to constitute evidence of an unreasonable act or omission by the owner or manager or an employee or agent of the owner or manager. Nothing in this paragraph shall be construed to limit the liability of an owner or manager of housing assisted under a covered housing program for failure to comply with subsection (b).[<-Struck out]
[Struck out->]
‘(7) 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.[<-Struck out]
[Struck out->]
‘(d) Notification- Each owner or manager of housing assisted under a covered housing program shall provide to each applicant for or tenant of such housing notice of the rights of individuals under this section, including the right to confidentiality and the limits thereof, together with the form described in subsection (c)(3)(A)--[<-Struck out]
[Struck out->]
‘(1) at the time the individual applies to live in a dwelling unit assisted under the covered housing program;[<-Struck out]
[Struck out->]
‘(2) at the time the individual is admitted to a dwelling unit assisted under the covered housing program;[<-Struck out]
[Struck out->]
‘(3) with any notification of eviction or notification of termination of assistance;[<-Struck out]
[Struck out->]
‘(4) 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 [<-Struck out]
[Struck out->]
‘(5) by posting the notification in a public area of such housing.[<-Struck out]
[Struck out->]
‘(e) Emergency Transfers- Notwithstanding any other provision of law, each owner or manager of housing assisted under a covered program shall adopt an emergency transfer policy for tenants who are victims of domestic violence, dating violence, sexual assault, or stalking that--[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(A) the tenant expressly requests the transfer; and[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(2) incorporates reasonable confidentiality measures to ensure that the 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.[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](b) Conforming Amendments-[<-Struck out]
[Struck out->](1) SECTION 6- Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d [<-Struck out]
[Struck out->](A) in subsection (c)--[<-Struck out]
[Struck out->](i) by striking paragraph (3); and[<-Struck out]
[Struck out->](ii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;[<-Struck out]
[Struck out->](B) in subsection (l)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](ii) in paragraph (6), by striking ‘; except that’ and all that follows through ‘stalking.’; and[<-Struck out]
[Struck out->](C) by striking subsection (u).[<-Struck out]
[Struck out->](2) SECTION 8- Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f [<-Struck out]
[Struck out->](A) in subsection (c), by striking paragraph (9);[<-Struck out]
[Struck out->](B) in subsection (d)(1)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](ii) in subparagraph (B)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](II) in clause (iii), by striking ‘, except that:’ and all that follows through ‘stalking.’;[<-Struck out]
[Struck out->](C) in subsection (f)--[<-Struck out]
[Struck out->](i) in paragraph (6), by adding ‘and’ at the end;[<-Struck out]
[Struck out->](ii) in paragraph (7), by striking the semicolon at the end and inserting a period; and[<-Struck out]
[Struck out->](iii) by striking paragraphs (8), (9), (10), and (11);[<-Struck out]
[Struck out->](D) in subsection (o)--[<-Struck out]
[Struck out->](i) in paragraph (6)(B), by striking the last sentence;[<-Struck out]
[Struck out->](ii) in paragraph (7)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](II) in subparagraph (D), by striking ‘; except that’ and all that follows through ‘stalking.’; and[<-Struck out]
[Struck out->](iii) by striking paragraph (20); and[<-Struck out]
[Struck out->](E) by striking subsection (ee).[<-Struck out]
[Struck out->](3) RULE OF CONSTRUCTION- Nothing in this Act, or the amendments made by this Act, shall be construed--[<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](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--[<-Struck out]
[Struck out->](i) was issued under the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162 [<-Struck out]
[Struck out->](ii) provides greater protection for victims of domestic violence, dating violence, sexual assault, and stalking than this Act.[<-Struck out]
[Struck out->]SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out][Struck out->]Chapter 11 of the Violence Against Women Act of 1994 (42 U.S.C. 13975 [<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](2) in section 40299 (42 U.S.C. 13975 [<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](B) in subsection (a)(1), by striking ‘fleeing’; and[<-Struck out]
[Struck out->](C) in subsection (g)--[<-Struck out]
[Struck out->](i) in paragraph (1), by striking ‘$40,000,000 for each of fiscal years 2007 through 2011’ and inserting ‘$35,000,000’ for each of fiscal years 2012 through 2016; and[<-Struck out]
[Struck out->](ii) in paragraph (3)--[<-Struck out]
[Struck out->](I) in subparagraph (A), by striking ‘eligible’ and inserting ‘qualified’; and[<-Struck out]
[Struck out->](II) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(D) QUALIFIED APPLICATION DEFINED- In this paragraph, the term ‘qualified application’ means an application that--[<-Struck out]
[Struck out->]
‘(i) has been submitted by an eligible applicant;[<-Struck out]
[Struck out->]
‘(ii) does not propose any significant activities that may compromise victim safety;[<-Struck out]
[Struck out->]
‘(iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and[<-Struck out]
[Struck out->]
‘(iv) does not propose prohibited activities, including mandatory services for victims, background checks of victims, or clinical evaluations to determine eligibility for services.’.[<-Struck out]
[Struck out->]SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out][Struck out->]Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e [<-Struck out]
[Struck out->](1) in section 41404(i) (42 U.S.C. 14043e-3(i) [<-Struck out]
[Struck out->](2) in section 41405(g) (42 U.S.C. 14043e-4(g) [<-Struck out]
[Struck out->]
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE[<-Struck out]
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.[<-Struck out][Struck out->]Section 41501(e) of the Violence Against Women Act of 1994 (42 U.S.C. 14043f(e) [<-Struck out]
[Struck out->]
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS[<-Struck out]
SEC. 801. U NONIMMIGRANT DEFINITION.[<-Struck out][Struck out->]Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii) [<-Struck out]
[Struck out->]SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF ABUSE.[<-Struck out][Struck out->]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:[<-Struck out]
[Struck out->](1) The number of aliens who--[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](B) were granted such nonimmigrant status during such fiscal year; or[<-Struck out]
[Struck out->](C) were denied such nonimmigrant status during such fiscal year.[<-Struck out]
[Struck out->](2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.[<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](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).[<-Struck out]
[Struck out->]SEC. 803. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS.[<-Struck out][Struck out->]Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2) [<-Struck out]
[Struck out->](1) in subparagraph (E), by striking ‘or’ at the end;[<-Struck out]
[Struck out->](2) by redesignating subparagraph (F) as subparagraph (G); and[<-Struck out]
[Struck out->](3) by inserting after subparagraph (E) the following:[<-Struck out]
[Struck out->]
‘(F) a derivative beneficiary of an alien who was a VAWA self-petitioner; or’.[<-Struck out]
[Struck out->]SEC. 804. PUBLIC CHARGE.[<-Struck out][Struck out->]Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4) [<-Struck out]
[Struck out->]
‘(E) SPECIAL RULE FOR QUALIFIED ALIEN VICTIMS- Subparagraphs (A), (B), and (C) shall not apply to an alien who--[<-Struck out]
[Struck out->]
‘(i) is a VAWA self-petitioner;[<-Struck out]
[Struck out->]
‘(ii) is an applicant for, or is granted, nonimmigrant status under section 101(a)(15)(U); or[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]SEC. 805. REQUIREMENTS APPLICABLE TO U VISAS.[<-Struck out] [Struck out->](a) Petitioning Procedures for Section 101(a)(15)(U) Visas- Paragraph (1) of section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p) [<-Struck out]
[Struck out->]
‘(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U) VISAS-[<-Struck out]
[Struck out->]
‘(A) CERTIFICATION- The petition filed by an alien under section 101(a)(15)(U)(i) shall contain a certification--[<-Struck out]
[Struck out->]
‘(i) from--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(II) an appropriate official of the Department of Homeland Security whose ability to provide such certification is not limited to information concerning immigration violations;[<-Struck out]
[Struck out->]
‘(ii) that is signed by an official with supervisory responsibilities, but who is not required to be the head of the certifying agency; and[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](b) Numerical Limitations- Section 214(p)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(2)(A) [<-Struck out]
[Struck out->](c) Age Determinations- Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p) [<-Struck out]
[Struck out->]
‘(7) AGE DETERMINATIONS-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 806. HARDSHIP WAIVERS.[<-Struck out][Struck out->](a) In General- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4) [<-Struck out]
[Struck out->](1) in subparagraph (A), by striking the comma at the end and inserting a semicolon;[<-Struck out]
[Struck out->](2) in subparagraph (B), by striking ‘(1), or’ and inserting ‘(1); or’;[<-Struck out]
[Struck out->](3) in subparagraph (C), by striking the period at the end and inserting a semicolon and ‘or’; and[<-Struck out]
[Struck out->](4) by inserting after subparagraph (C) the following:[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->](b) Technical Corrections- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4) [<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](2) in the undesignated paragraph at the end--[<-Struck out]
[Struck out->](A) in the first sentence, by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’;[<-Struck out]
[Struck out->](B) in the second sentence, by striking ‘Attorney General’ and inserting ‘Secretary’;[<-Struck out]
[Struck out->](C) in the third sentence, by striking ‘Attorney General.’ and inserting ‘Secretary.’; and[<-Struck out]
[Struck out->](D) in the fourth sentence, by striking ‘Attorney General’ and inserting ‘Secretary’.[<-Struck out]
[Struck out->]SEC. 807. EMPLOYMENT AUTHORIZATION.[<-Struck out][Struck out->]Paragraph (1) of section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a) [<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) the date the alien’s petition for such status is approved; or[<-Struck out]
[Struck out->]
‘(ii) 180 days after the date the alien filed a petition for such status.’.[<-Struck out]
[Struck out->]SEC. 808. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.[<-Struck out][Struck out->](a) In General- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184 [<-Struck out]
[Struck out->](1) in subsection (d)--[<-Struck out]
[Struck out->](A) in paragraph (1), by striking ‘crime.’ and inserting ‘crime and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B).’;[<-Struck out]
[Struck out->](B) in paragraph (2)(A), in the matter preceding clause (i)--[<-Struck out]
[Struck out->](i) by striking ‘a consular officer’ and inserting ‘the Secretary of Homeland Security’; and[<-Struck out]
[Struck out->](ii) by striking ‘the officer’ and inserting ‘the Secretary’; and[<-Struck out]
[Struck out->](C) in paragraph (3)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’; and[<-Struck out]
[Struck out->](2) in subsection (r)--[<-Struck out]
[Struck out->](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 subsection.’; and[<-Struck out]
[Struck out->](B) by amending paragraph (4)(B)(ii) to read as follows:[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->](3) in paragraph (5)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’.[<-Struck out]
[Struck out->](b) Provision of Information to K Nonimmigrants- Section 833 of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a [<-Struck out]
[Struck out->](1) in subsection (a)(5)(A)--[<-Struck out]
[Struck out->](A) in clause (iii)--[<-Struck out]
[Struck out->](i) by striking ‘State any’ and inserting ‘State, for inclusion in the mailing described in clause (i), any’; and[<-Struck out]
[Struck out->](ii) by striking the last sentence; and[<-Struck out]
[Struck out->](B) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(II) shall not be used or disclosed for any other purpose unless expressly authorized by law.[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](2) in subsection (b)(1)(A), by striking ‘or’ after ‘orders’ and inserting ‘and’.[<-Struck out]
[Struck out->]SEC. 809. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.[<-Struck out][Struck out->](a) Implementation of the International Marriage Broker Act of 2005-[<-Struck out]
[Struck out->](1) FINDINGS- Congress finds the following:[<-Struck out]
[Struck out->](A) The International Marriage Broker Act of 2005 (subtitle D ofPublic Law 109-162 [<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](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.[<-Struck out]
[Struck out->](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) [<-Struck out]
[Struck out->](c) Regulation of International Marriage Brokers- Section 833(d) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(d) [<-Struck out]
[Struck out->](1) by amending paragraph (1) to read as follows:[<-Struck out]
[Struck out->]
‘(1) PROHIBITION ON MARKETING TO CHILDREN-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) COMPLIANCE- To comply with the requirements of subparagraph (A), an international marriage broker shall--[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(ii) indicate on such certificate or document the date it was received by the international marriage broker;[<-Struck out]
[Struck out->]
‘(iii) retain the original of such certificate or document for 7 years after such date of receipt; and[<-Struck out]
[Struck out->]
‘(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.’;[<-Struck out]
[Struck out->](2) in paragraph (2)--[<-Struck out]
[Struck out->](A) in subparagraph (A)(i)--[<-Struck out]
[Struck out->](i) in the heading, by striking ‘REGISTRIES- ’ and inserting ‘WEBSITES- ’; and[<-Struck out]
[Struck out->](ii) by striking ‘Registry or State sex offender public registry,’ and inserting ‘Website,’; and[<-Struck out]
[Struck out->](B) in subparagraph (B)(ii), by striking ‘or stalking.’ and inserting ‘stalking, or an attempt to commit any such crime.’;[<-Struck out]
[Struck out->](3) in paragraph (3)--[<-Struck out]
[Struck out->](A) in subparagraph (A)--[<-Struck out]
[Struck out->](i) in clause (i), by striking ‘Registry in which the United States client has resided during the previous 20 years,’ and inserting ‘Website’; and[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](B) by striking subparagraph (C);[<-Struck out]
[Struck out->](4) in paragraph (5)--[<-Struck out]
[Struck out->](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’;[<-Struck out]
[Struck out->](B) by amending subparagraph (B) to read as follows:[<-Struck out]
[Struck out->]
‘(B) FEDERAL CRIMINAL PENALTIES-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(II) knowingly commits such a violation or an attempt, an international marriage broker shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(iii) RELATIONSHIP TO OTHER PENALTIES- The penalties provided in clauses (i) and (ii) 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.[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](C) in subparagraph (C), by striking the period at the end and inserting ‘including equitable remedies.’;[<-Struck out]
[Struck out->](5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and[<-Struck out]
[Struck out->](6) by inserting after paragraph (5) the following:[<-Struck out]
[Struck out->]
‘(6) ENFORCEMENT-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(B) CONSULTATION- The Attorney General shall consult with the head 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.’.[<-Struck out]
[Struck out->](d) GAO Study and Report- Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f) [<-Struck out]
[Struck out->](1) in the subsection heading, by striking ‘Study and Report- ’ and inserting ‘Studies and Reports- ’; and[<-Struck out]
[Struck out->](2) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(4) CONTINUING IMPACT STUDY AND REPORT-[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
[Struck out->]SEC. 810. ELIGIBILITY OF CRIME AND TRAFFICKING VICTIMS IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS TO ADJUST STATUS.[<-Struck out][Struck out->]Section 705(c) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229 48 U.S.C. 1806 [<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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) 8 U.S.C. 1255 [<-Struck out]
[Struck out->]
TITLE IX--SAFETY FOR INDIAN WOMEN[<-Struck out]
SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.[<-Struck out][Struck out->]Section 2015(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-10(a) [<-Struck out]
[Struck out->](1) in paragraph (2), by inserting ‘sex trafficking,’ after ‘sexual assault,’;[<-Struck out]
[Struck out->](2) in paragraph (4), by inserting ‘sex trafficking,’ after ‘sexual assault,’;[<-Struck out]
[Struck out->](3) in paragraph (5), by striking ‘and stalking’ and all that follows and inserting ‘sexual assault, sex trafficking, and stalking;’;[<-Struck out]
[Struck out->](4) in paragraph (7)--[<-Struck out]
[Struck out->](A) by inserting ‘sex trafficking,’ after ‘sexual assault,’ each place it appears; and[<-Struck out]
[Struck out->](B) by striking ‘and’ at the end;[<-Struck out]
[Struck out->](5) in paragraph (8)--[<-Struck out]
[Struck out->](A) by inserting ‘sex trafficking,’ after ‘stalking,’; and[<-Struck out]
[Struck out->](B) by striking the period at the end and inserting a semicolon; and[<-Struck out]
[Struck out->](6) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the child; and[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.[<-Struck out][Struck out->]Section 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d) [<-Struck out]
[Struck out->](1) in paragraph (1)--[<-Struck out]
[Struck out->](A) in subparagraph (B), by striking ‘and’ at the end;[<-Struck out]
[Struck out->](B) in subparagraph (C), by striking the period at the end and inserting ‘; and’; and[<-Struck out]
[Struck out->](C) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(D) developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, stalking, and sex trafficking.’; and[<-Struck out]
[Struck out->](2) in paragraph (2)(B), by striking ‘individuals or’.[<-Struck out]
[Struck out->]SEC. 903. CONSULTATION.[<-Struck out][Struck out->]Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d [<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) by striking ‘and the Violence Against Women Act of 2000’ and inserting ‘, the Violence Against Women Act of 2000’; and[<-Struck out]
[Struck out->](B) by inserting ‘, and the Violence Against Women Reauthorization Act of 2011’ before the period at the end;[<-Struck out]
[Struck out->](2) in subsection (b)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](B) in paragraph (2), by striking ‘and stalking’ and inserting ‘stalking, and sex trafficking’; and[<-Struck out]
[Struck out->](3) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(c) Annual Report- The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that--[<-Struck out]
[Struck out->]
‘(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.[<-Struck out][Struck out->]Title II ofPublic Law 90-284 25 U.S.C. 1301 [<-Struck out]
[Struck out->]‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.[<-Struck out]
[Struck out->]
‘(a) Definitions- In this section:[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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 where the violence occurs.[<-Struck out]
[Struck out->]
‘(3) INDIAN COUNTRY- The term ‘Indian country’ has the meaning given the term insection 1151 of title 18, United States Code [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(b) Nature of the Criminal Jurisdiction-[<-Struck out]
[Struck out->]
‘(1) IN GENERAL- Notwithstanding any other provision of law, in addition to any power of self-government recognized and affirmed by sections 201 and 203, the power 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.[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(3) APPLICABILITY- Nothing in this section--[<-Struck out]
[Struck out->]
‘(A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; or[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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:[<-Struck out]
[Struck out->]
‘(1) DOMESTIC VIOLENCE AND DATING VIOLENCE- An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe.[<-Struck out]
[Struck out->]
‘(2) VIOLATIONS OF PROTECTION ORDERS- An act that--[<-Struck out]
[Struck out->]
‘(A) occurs in the Indian country of the participating tribe; and[<-Struck out]
[Struck out->]
‘(B) violates the relevant portion of a protection order that--[<-Struck out]
[Struck out->]
‘(i) was issued against the defendant;[<-Struck out]
[Struck out->]
‘(ii) is enforceable by the participating tribe; and[<-Struck out]
[Struck out->]
‘(iii) is consistent withsection 2265(b) of title 18, United States Code [<-Struck out]
[Struck out->]
‘(d) Dismissal of Certain Cases-[<-Struck out]
[Struck out->]
‘(1) 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--[<-Struck out]
[Struck out->]
‘(A) the defendant files a pretrial motion to dismiss on the grounds that the alleged offense did not involve an Indian; and[<-Struck out]
[Struck out->]
‘(B) the participating tribe fails to prove that the defendant or an alleged victim is an Indian.[<-Struck out]
[Struck out->]
‘(2) 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--[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(B) the prosecuting tribe fails to prove that the defendant or an alleged victim--[<-Struck out]
[Struck out->]
‘(i) resides in the Indian country of the participating tribe;[<-Struck out]
[Struck out->]
‘(ii) is employed in the Indian country of the participating tribe; or[<-Struck out]
[Struck out->]
‘(iii) is a spouse or intimate partner of a member of the participating tribe.[<-Struck out]
[Struck out->]
‘(3) WAIVER- A knowing and voluntary failure of a defendant to file a pretrial motion described in paragraph (1) or (2) shall be considered a waiver of the right to seek a dismissal under this subsection.[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(1) all applicable rights under this Act;[<-Struck out]
[Struck out->]
‘(2) if a term of imprisonment of any length is imposed, all rights described in section 202(c); and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(f) Petitions To Stay Detention-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) GRANT OF STAY- A court shall grant a stay described in paragraph (1) if the court--[<-Struck out]
[Struck out->]
‘(A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(g) Grants to Tribal Governments- The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)--[<-Struck out]
[Struck out->]
‘(1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including to strengthen--[<-Struck out]
[Struck out->]
‘(A) law enforcement (including the capacity to enter information into and obtain information from national crime information databases);[<-Struck out]
[Struck out->]
‘(B) prosecution;[<-Struck out]
[Struck out->]
‘(C) trial and appellate courts;[<-Struck out]
[Struck out->]
‘(D) probation systems;[<-Struck out]
[Struck out->]
‘(E) detention and correctional facilities;[<-Struck out]
[Struck out->]
‘(F) alternative rehabilitation centers;[<-Struck out]
[Struck out->]
‘(G) culturally appropriate services and assistance for victims and their families; and[<-Struck out]
[Struck out->]
‘(H) criminal codes and rules of criminal procedure, appellate procedure, and evidence;[<-Struck out]
[Struck out->]
‘(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;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->]SEC. 905. TRIBAL PROTECTION ORDERS.[<-Struck out][Struck out->]Section 2265 of title 18, United States Code
[Struck out->]
‘(e) Tribal Court Jurisdiction- 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 measures, 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.’.[<-Struck out]
[Struck out->]SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.[<-Struck out][Struck out->](a) In General-Section 113 of title 18, United States Code [<-Struck out]
[Struck out->](1) in subsection (a)--[<-Struck out]
[Struck out->](A) by striking paragraph (1) and inserting the following:[<-Struck out]
[Struck out->]
‘(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.’;[<-Struck out]
[Struck out->](B) in paragraph (2), by striking ‘felony under chapter 109A’ and inserting ‘violation of section 2241 or 2242’;[<-Struck out]
[Struck out->](C) in paragraph (3) by striking ‘and without just cause or excuse,’;[<-Struck out]
[Struck out->](D) in paragraph (4), by striking ‘six months’ and inserting ‘1 year’;[<-Struck out]
[Struck out->](E) in paragraph (7)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](ii) by striking ‘fine’ and inserting ‘a fine’; and[<-Struck out]
[Struck out->](F) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->](2) in subsection (b)--[<-Struck out]
[Struck out->](A) by striking ‘(b) As used in this subsection--’ and inserting the following:[<-Struck out]
[Struck out->]
‘(b) Definitions- In this section--’;[<-Struck out]
[Struck out->](B) in paragraph (1)(B), by striking ‘and’ at the end;[<-Struck out]
[Struck out->](C) in paragraph (2), by striking the period at the end and inserting a semicolon; and[<-Struck out]
[Struck out->](D) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(3) the terms ‘dating partner’ and ‘spouse or intimate partner’ have the meanings given those terms in section 2266;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](b) Indian Major Crimes-Section 1153(a) of title 18, United States Code [<-Struck out]
[Struck out->](c) Repeat Offenders-Section 2265A(b)(1)(B) of title 18, United States Code [<-Struck out]
[Struck out->]SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.[<-Struck out][Struck out->](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 [<-Struck out]
[Struck out->](1) in paragraph (1)--[<-Struck out]
[Struck out->](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[<-Struck out]
[Struck out->](B) by inserting ‘and in Native villages’ (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 [<-Struck out]
[Struck out->](2) in paragraph (2)(A)--[<-Struck out]
[Struck out->](A) in clause (iv), by striking ‘and’ at the end;[<-Struck out]
[Struck out->](B) in clause (v), by striking the period at the end and inserting ‘; and’; and[<-Struck out]
[Struck out->](C) by adding at the end the following:[<-Struck out]
[Struck out->]
‘(vi) sex trafficking.’;[<-Struck out]
[Struck out->](3) in paragraph (4), by striking ‘this Act’ and inserting ‘the Violence Against Women Reauthorization Act of 2011’; and[<-Struck out]
[Struck out->](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’.[<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->]SEC. 908. EFFECTIVE DATES; PILOT PROJECT.[<-Struck out][Struck out->](a) General Effective Date- Except as provided in subsection (b), the amendments made by this title shall take effect on the date of enactment of this Act.[<-Struck out]
[Struck out->](b) Effective Date for Special Domestic-Violence Criminal Jurisdiction-[<-Struck out]
[Struck out->](1) IN GENERAL- Except as provided in paragraph (2), subsections (b) through (e) of section 204 ofPublic Law 90-284 [<-Struck out]
[Struck out->](2) PILOT PROJECT-[<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->](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 [<-Struck out]
[Struck out->]
TITLE X--OTHER MATTERS[<-Struck out]
SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.[<-Struck out][Struck out->](a) Sexual Abuse of a Minor or Ward-Section 2243(b) of title 18, United States Code [<-Struck out]
[Struck out->]
‘(b) Of a Ward-[<-Struck out]
[Struck out->]
‘(1) OFFENSES-[<-Struck out]
[Struck out->]
‘(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--[<-Struck out]
[Struck out->]
‘(i) in official detention or supervised by, or otherwise under the control of, the United States--[<-Struck out]
[Struck out->]
‘(I) during or after arrest;[<-Struck out]
[Struck out->]
‘(II) after release pretrial;[<-Struck out]
[Struck out->]
‘(III) while on bail, probation, supervised release, or parole;[<-Struck out]
[Struck out->]
‘(IV) after release following a finding of juvenile delinquency; or[<-Struck out]
[Struck out->]
‘(V) after release pending any further judicial proceedings;[<-Struck out]
[Struck out->]
‘(ii) under the professional custodial, supervisory, or disciplinary control or authority of the person engaging or attempting to engage in the sexual act; and[<-Struck out]
[Struck out->]
‘(iii) at the time of the sexual act--[<-Struck out]
[Struck out->]
‘(I) in the special maritime and territorial jurisdiction of the United States;[<-Struck out]
[Struck out->]
‘(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[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(2) PENALTIES-[<-Struck out]
[Struck out->]
‘(A) IN GENERAL- A person that violates paragraph (1)(A) shall--[<-Struck out]
[Struck out->]
‘(i) be fined under this title, imprisoned for not more than 15 years, or both; and[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](b) Penalties for Sexual Abuse-[<-Struck out]
[Struck out->](1) IN GENERAL- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:[<-Struck out]
[Struck out->]‘Sec. 250. Penalties for sexual abuse[<-Struck out]
[Struck out->]
‘(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 [<-Struck out]
[Struck out->]
‘(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.’.[<-Struck out]
[Struck out->](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:[<-Struck out]
[Struck out->]
‘250. Penalties for sexual abuse.’.[<-Struck out]
[Struck out->]SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.[<-Struck out][Struck out->](a) Suits by Prisoners- Section 7(e) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e) section 2246 of title 18, United States Code [<-Struck out]
[Struck out->](b) United States as Defendant-Section 1346(b)(2) of title 28, United States Code [<-Struck out]
[Struck out->](c) Adoption and Effect of National Standards- Section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607 [<-Struck out]
[Struck out->](1) by redesignating subsection (c) as subsection (e); and[<-Struck out]
[Struck out->](2) by inserting after subsection (b) the following:[<-Struck out]
[Struck out->]
‘(c) Applicability to Detention Facilities Operated by the Department of Homeland Security-[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(3) COMPLIANCE- The Secretary of Homeland Security shall--[<-Struck out]
[Struck out->]
‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and[<-Struck out]
[Struck out->]
‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.[<-Struck out]
[Struck out->]
‘(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).[<-Struck out]
[Struck out->]
‘(d) Applicability to Custodial Facilities Operated by the Department of Health and Human Services-[<-Struck out]
[Struck out->]
‘(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) [<-Struck out]
[Struck out->]
‘(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.[<-Struck out]
[Struck out->]
‘(3) COMPLIANCE- The Secretary of Health and Human Services shall--[<-Struck out]
[Struck out->]
‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and[<-Struck out]
[Struck out->]
‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.[<-Struck out]
[Struck out->]
‘(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).’.[<-Struck out]
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Violence Against Women Reauthorization Act of 2011’.[<-Struck out]The table of contents for this Act is as follows:[<-Struck out]Sec. 1. Short title.[<-Struck out]Sec. 2. Table of contents.[<-Struck out]Sec. 3. Universal definitions and grant conditions.[<-Struck out]Sec. 101. Stop grants.[<-Struck out]Sec. 102. Grants to encourage arrest policies and enforcement of protection orders.[<-Struck out]Sec. 103. Legal assistance for victims.[<-Struck out]Sec. 104. Consolidation of grants to support families in the justice system.[<-Struck out]Sec. 105. Sex offender management.[<-Struck out]Sec. 106. Court-appointed special advocate program.[<-Struck out]Sec. 107. Criminal provision relating to stalking, including cyberstalking.[<-Struck out]Sec. 108. Outreach and services to underserved populations grant.[<-Struck out]Sec. 109. Culturally specific services grant.[<-Struck out]Sec. 201. Sexual assault services program.[<-Struck out]Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance.[<-Struck out]Sec. 203. Training and services to end violence against women with disabilities grants.[<-Struck out]Sec. 204. Grant for training and services to end violence against women in later life.[<-Struck out]Sec. 301. Rape prevention education grant.[<-Struck out]Sec. 302. Creating hope through outreach, options, services, and education for children and youth.[<-Struck out]Sec. 303. Grants to combat violent crimes on campuses.[<-Struck out]Sec. 304. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention.[<-Struck out]Sec. 401. Study conducted by the centers for disease control and prevention.[<-Struck out]Sec. 402. Saving money and reducing tragedies through prevention grants.[<-Struck out]Sec. 501. Consolidation of grants to strengthen the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]Sec. 601. Housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]Sec. 603. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]Sec. 701. National Resource Center on Workplace Responses to assist victims of domestic and sexual violence.[<-Struck out]Sec. 801. U nonimmigrant definition.[<-Struck out]Sec. 802. Annual report on immigration applications made by victims of abuse.[<-Struck out]Sec. 803. Protection for children of VAWA self-petitioners.[<-Struck out]Sec. 804. Public charge.[<-Struck out]Sec. 805. Requirements applicable to U visas.[<-Struck out]Sec. 806. Hardship waivers.[<-Struck out]Sec. 807. Employment authorization.[<-Struck out]Sec. 808. Protections for a fiancee or fiance of a citizen.[<-Struck out]Sec. 809. Regulation of international marriage brokers.[<-Struck out]Sec. 810. Eligibility of crime and trafficking victims in the Commonwealth of the Northern Mariana Islands to adjust status.[<-Struck out]Sec. 901. Grants to Indian tribal governments.[<-Struck out]Sec. 902. Grants to Indian tribal coalitions.[<-Struck out]Sec. 903. Consultation.[<-Struck out]Sec. 904. Tribal jurisdiction over crimes of domestic violence.[<-Struck out]Sec. 905. Tribal protection orders.[<-Struck out]Sec. 906. Amendments to the Federal assault statute.[<-Struck out]Sec. 907. Analysis and research on violence against Indian women.[<-Struck out]Sec. 908. Effective dates; pilot project.[<-Struck out]Sec. 1001. Criminal provisions relating to sexual abuse.[<-Struck out]Sec. 1002. Sexual abuse in custodial settings.[<-Struck out](a) Definitions- Subsection (a) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a) [<-Struck out](1) by redesignating--[<-Struck out](A) paragraph (1) as paragraph (2);[<-Struck out](B) paragraph (2) as paragraph (4);[<-Struck out](C) paragraphs (3) through (5) as paragraphs (5) through (7), respectively;[<-Struck out](D) paragraphs (6) through (9) as paragraphs (10) through (13), respectively;[<-Struck out](E) paragraphs (10) through (16) as paragraphs (15) through (21), respectively;[<-Struck out](F) paragraph (18) as paragraph (22);[<-Struck out](G) paragraphs (19) and (20) as paragraphs (25) and (26), respectively;[<-Struck out](H) paragraphs (21) and (22) as paragraphs (28) and (29), respectively;[<-Struck out](I) paragraphs (23) through (33) as paragraphs (31) through (41), respectively;[<-Struck out](J) paragraphs (34) and (35) as paragraphs (43) and (44); and[<-Struck out](K) paragraph (37) as paragraph (47);[<-Struck out](2) by inserting before paragraph (2), as redesignated, the following:[<-Struck out]‘(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 [<-Struck out]
(3) by inserting after paragraph (2), as redesignated, the following:[<-Struck out]‘(2) CHILD- The term ‘child’ means a person who is under 11 years of age.’;[<-Struck out]
(4) in paragraph (4), as redesignated, by striking ‘serious harm.’ and inserting ‘serious harm to unemancipated minor.’;[<-Struck out](5) in paragraph (5), as redesignated, by striking ‘The term’ through ‘that--’ and inserting ‘The term ‘community-based organization’ means a nonprofit, nongovernmental, or tribal organization that serves a specific geographic community that--’;[<-Struck out](6) by inserting after paragraph (7), as redesignated, the following:[<-Struck out]‘(8) CULTURALLY SPECIFIC SERVICES- The term ‘culturally specific services’ means community-based services that offer culturally relevant and linguistically specific services and resources to culturally specific communities.[<-Struck out]
‘(9) CULTURALLY SPECIFIC- The term ‘culturally specific’ means primarily directed toward racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300-u-6(g) [<-Struck out]
(7) in paragraph (10), as redesignated, by inserting ‘or intimate partner’ after ‘former spouse’ and ‘as a spouse’;[<-Struck out](8) by inserting after paragraph (13), as redesignated, the following:[<-Struck out]‘(14) HOMELESS- The term ‘homeless’ has the meaning provided in42 U.S.C. 14043e-2(6) [<-Struck out]
(9) in paragraph (21), as redesignated, by inserting at the end the following:[<-Struck out]‘Intake or referral, by itself, does not constitute legal assistance.’;[<-Struck out]
(10) by striking paragraph (17), as in effect before the amendments made by this subsection;[<-Struck out](11) by amending paragraph (22), as redesignated, to read as follows:[<-Struck out]‘(22) PERSONALLY IDENTIFYING INFORMATION OR PERSONAL INFORMATION- The term ‘personally identifying information’ or ‘personal information’ means individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including--[<-Struck out]
‘(A) a first and last name;[<-Struck out]
‘(B) a home or other physical address;[<-Struck out]
‘(C) contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);[<-Struck out]
‘(D) a social security number, driver license number, passport number, or student identification number; and[<-Struck out]
‘(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.’;[<-Struck out](12) by inserting after paragraph (22), as redesignated, the following:[<-Struck out]‘(23) POPULATION SPECIFIC ORGANIZATION- The term ‘population specific organization’ means a nonprofit, nongovernmental organization that primarily serves members of a specific underserved population and has demonstrated experience and expertise providing targeted services to members of that specific underserved population.[<-Struck out]
‘(24) POPULATION SPECIFIC SERVICES- The term ‘population specific services’ means victim-centered services that address the safety, health, economic, legal, housing, workplace, immigration, confidentiality, or other needs of victims of domestic violence, dating violence, sexual assault, or stalking, and that are designed primarily for and are targeted to a specific underserved population.’;[<-Struck out]
(13) in paragraph (25), as redesignated, by striking ‘services’ and inserting ‘assistance’;[<-Struck out](14) by inserting after paragraph (26), as redesignated, the following:[<-Struck out]‘(27) RAPE CRISIS CENTER- The term ‘rape crisis center’ means a nonprofit, nongovernmental, or tribal organization, or governmental entity in a State other than a Territory that provides intervention and related assistance, as specified in42 U.S.C. 14043g(b)(2)(C) [<-Struck out]
(15) in paragraph (28), as redesignated--[<-Struck out](A) in subparagraph (A), by striking ‘or’ after the semicolon;[<-Struck out](B) in subparagraph (B), by striking the period and inserting ‘; or’; and[<-Struck out](C) by inserting at the end the following:[<-Struck out]‘(C) any federally recognized Indian tribe.’;[<-Struck out](16) in paragraph (29), as redesignated, by striking ‘150,000’ and inserting ‘250,000’;[<-Struck out](17) by inserting after paragraph (29), as redesignated, the following:[<-Struck out]‘(30) SEX TRAFFICKING- The term ‘sex trafficking’ means any conduct proscribed by18 U.S.C. 1591 [<-Struck out]
(18) by striking paragraph (31), as redesignated, and inserting the following:[<-Struck out]‘(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.’;[<-Struck out]
(19) by amending paragraph (41), as redesignated, to read as follows:[<-Struck out]‘(41) UNDERSERVED POPULATIONS- The term ‘underserved populations’ means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, 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.’;[<-Struck out]
(20) by inserting after paragraph (41), as redesignated, the following:[<-Struck out]‘(42) UNIT OF LOCAL GOVERNMENT- The term ‘unit of local government’ means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State.’;[<-Struck out]
(21) by striking paragraph (36), as in effect before the amendments made by this subsection, and inserting the following:[<-Struck out]‘(45) VICTIM SERVICES OR SERVICES- The terms ‘victim services’ and ‘services’ mean services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally specific services, population specific services, and other related supportive services.[<-Struck out]
‘(46) VICTIM SERVICE PROVIDER- The term ‘victim service provider’ means a nonprofit, nongovernmental or tribal organization or rape crisis center, including a State or tribal coalition, that assists domestic violence, dating violence, sexual assault, or stalking victims, including domestic violence shelters, faith-based organizations, and other organizations, with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.’; and[<-Struck out]
(22) by striking paragraph (47), as redesignated, and inserting the following:[<-Struck out]‘(47) YOUTH- The term ‘youth’ means a person who is 11 to 24 years old.’.[<-Struck out](b) Grants Conditions- Subsection (b) of section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b) [<-Struck out](1) in paragraph (2)--[<-Struck out](A) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:[<-Struck out]‘(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[<-Struck out]
‘(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.[<-Struck out]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.’;[<-Struck out](B) by amending subparagraph (D), to read as follows:[<-Struck out]‘(D) INFORMATION SHARING-[<-Struck out]
‘(i) Grantees and subgrantees may share--[<-Struck out]
‘(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;[<-Struck out]
‘(II) court-generated information and law enforcement-generated information contained in secure, governmental registries for protection order enforcement purposes; and[<-Struck out]
‘(III) law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes.[<-Struck out]‘(ii) In no circumstances may--[<-Struck out]
‘(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;[<-Struck out]
‘(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.’;[<-Struck out](C) by redesignating subparagraph (E) as subparagraph (F);[<-Struck out](D) by inserting after subparagraph (D) the following:[<-Struck out]‘(E) STATUTORILY MANDATED REPORTS OF ABUSE OR NEGLECT- Nothing in this section prohibits a grantee or subgrantee from reporting suspected abuse or neglect, as those terms are defined by law, where specifically mandated by the State or tribe involved.’; and[<-Struck out]
(E) by inserting after subparagraph (F), as redesignated, the following:[<-Struck out]‘(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES- Grantees and subgrantees must document their compliance with the confidentiality and privacy provisions required under this section.’;[<-Struck out](2) by striking paragraph (3) and inserting the following:[<-Struck out]‘(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.’;[<-Struck out]
(3) in paragraph (7), by inserting at the end the following:[<-Struck out]‘Final reports of such evaluations shall be made available to the public via the agency’s website.’; and[<-Struck out]
(4) by inserting after paragraph (11) the following:[<-Struck out]‘(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) [<-Struck out]
‘(13) CIVIL RIGHTS-[<-Struck out]
‘(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 Public Law 106-386 Public Law 109-162 [<-Struck out]
‘(B) EXCEPTION- If gender segregation or gender-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from consideration of an individual’s gender. In such circumstances, alternative reasonable accommodations are sufficient to meet the requirements of this paragraph.[<-Struck out]
‘(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) [<-Struck out]
‘(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.[<-Struck out]‘(14) CLARIFICATION OF VICTIM SERVICES AND LEGAL ASSISTANCE- Victim services and legal assistance provided under this title may include services and assistance to victims of domestic violence, dating violence, sexual assault, or stalking who are also victims of severe forms of trafficking in persons as defined by section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102 [<-Struck out]
‘(15) CONFERRAL-[<-Struck out]
‘(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.[<-Struck out]
‘(B) AREAS COVERED- The areas of conferral under this paragraph shall include--[<-Struck out]
‘(i) the administration of grants;[<-Struck out]
‘(ii) unmet needs;[<-Struck out]
‘(iii) promising practices in the field; and[<-Struck out]
‘(iv) emerging trends.[<-Struck out]‘(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.[<-Struck out]
‘(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--[<-Struck out]
‘(i) summarizes the issues presented during conferral and what, if any, policies it intends to implement to address those issues; and[<-Struck out]
‘(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.[<-Struck out]‘(16) ACCOUNTABILITY- All grants awarded by the Attorney General under this Act shall be subject to the following accountability provisions:[<-Struck out]
‘(A) AUDIT REQUIREMENT-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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--[<-Struck out]
‘(I) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and[<-Struck out]
‘(II) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.[<-Struck out]‘(B) NONPROFIT ORGANIZATION REQUIREMENTS-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]‘(C) CONFERENCE EXPENDITURES-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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).[<-Struck out]‘(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--[<-Struck out]
‘(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;[<-Struck out]
‘(ii) all mandatory exclusions required under subparagraph (A)(iii) have been issued;[<-Struck out]
‘(iii) all reimbursements required under subparagraph (A)(v) have been made; and[<-Struck out]
‘(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.’.[<-Struck out][Struck out->]
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN[<-Struck out]
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 [<-Struck out](1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18) [<-Struck out](2) in section 2001(b) (42 U.S.C. 3796gg(b) [<-Struck out](A) in the matter preceding paragraph (1)--[<-Struck out](i) by striking ‘equipment’ and inserting ‘resources’; and[<-Struck out](ii) by inserting ‘for the protection and safety of victims,’ after ‘women,’;[<-Struck out](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) [<-Struck out](C) in paragraph (2), by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’;[<-Struck out](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’;[<-Struck out](E) in paragraph (4)--[<-Struck out](i) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and[<-Struck out](ii) by inserting ‘, classifying,’ after ‘identifying’;[<-Struck out](F) in paragraph (5)--[<-Struck out](i) by inserting ‘and legal assistance’ after ‘victim services’;[<-Struck out](ii) by striking ‘domestic violence and dating violence’ and inserting ‘domestic violence, dating violence, and stalking’;[<-Struck out](iii) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and[<-Struck out](iv) by striking ‘including crimes’ and all that follows and inserting ‘including crimes of domestic violence, dating violence, sexual assault, and stalking;’;[<-Struck out](G) by striking paragraph (6) and redesignating paragraphs (7) through (14) as paragraphs (6) through (13), respectively;[<-Struck out](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’;[<-Struck out](I) in paragraph (7), as redesignated by subparagraph (G), by striking ‘and dating violence’ and inserting ‘dating violence, and stalking’;[<-Struck out](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’;[<-Struck out](K) in paragraph (12), as redesignated by subparagraph (G)--[<-Struck out](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[<-Struck out](ii) by striking ‘and’ at the end;[<-Struck out](L) in paragraph (13), as redesignated by subparagraph (G)--[<-Struck out](i) by striking ‘to provide’ and inserting ‘providing’;[<-Struck out](ii) by striking ‘nonprofit nongovernmental’;[<-Struck out](iii) by striking the comma after ‘local governments’; and[<-Struck out](iv) by striking the period at the end and inserting a semicolon;[<-Struck out](M) by inserting after paragraph (13), as redesignated by subparagraph (G), the following:[<-Struck out]‘(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;[<-Struck out]
‘(15) developing, implementing, or enhancing Sexual Assault Response Teams, or other similar coordinated community responses to sexual assault;[<-Struck out]
‘(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;[<-Struck out]
‘(17) developing, enlarging, or strengthening programs addressing sexual assault against men, women, and youth in correctional and detention settings;[<-Struck out]
‘(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;[<-Struck out]
‘(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 [<-Struck out]
‘(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.’; and[<-Struck out]
(N) in the flush text at the end, by striking ‘paragraph (14)’ and inserting ‘paragraph (13)’;[<-Struck out](3) in section 2007 (42 U.S.C. 3796gg-1 [<-Struck out](A) in subsection (a), by striking ‘nonprofit nongovernmental victim service programs’ and inserting ‘victim service providers’;[<-Struck out](B) in subsection (b)(6), by striking ‘(not including populations of Indian tribes)’;[<-Struck out](C) in subsection (c)--[<-Struck out](i) by striking paragraph (2) and inserting the following:[<-Struck out]‘(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with--[<-Struck out]
‘(A) the State sexual assault coalition;[<-Struck out]
‘(B) the State domestic violence coalition;[<-Struck out]
‘(C) the law enforcement entities within the State;[<-Struck out]
‘(D) prosecution offices;[<-Struck out]
‘(E) State and local courts;[<-Struck out]
‘(F) Tribal governments in those States with State or federally recognized Indian tribes;[<-Struck out]
‘(G) representatives from underserved populations;[<-Struck out]
‘(H) victim service providers;[<-Struck out]
‘(I) population specific organizations; and[<-Struck out]
‘(J) other entities that the State or the Attorney General identifies as needed for the planning process;’;[<-Struck out]
(ii) by striking paragraph (4);[<-Struck out](iii) by redesignating paragraph (3) as paragraph (4);[<-Struck out](iv) by inserting after paragraph (2), as amended by clause (i), the following:[<-Struck out]‘(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 42 U.S.C. 10601 42 U.S.C. 280b-1b [<-Struck out]
(v) in paragraph (4), as redesignated by clause (ii)--[<-Struck out](I) in subparagraph (A), by striking ‘and not less than 25 percent shall be allocated for prosecutors’;[<-Struck out](II) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D);[<-Struck out](III) by inserting after subparagraph (A), the following:[<-Struck out]‘(B) not less than 25 percent shall be allocated for prosecutors;’;[<-Struck out]
(IV) in subparagraph (C), as redesignated by subclause (II), by striking ‘culturally specific community based’ and inserting ‘population specific’; and[<-Struck out](V) in subparagraph (D) as redesignated by subclause (II) by striking ‘for’ and inserting ‘to’; and[<-Struck out](vi) by adding at the end the following:[<-Struck out]‘(5) not later than 3 years after the date of enactment of this Act, and every year thereafter, not less than 25 percent of the total amount granted to a State under this subchapter shall be allocated for programs or projects that meaningfully address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.’;[<-Struck out]
(D) by striking subsection (d) and inserting the following:[<-Struck out]‘(d) Application Requirements- An application for a grant under this section shall include--[<-Struck out]
‘(1) the certifications of qualification required under subsection (c);[<-Struck out]
‘(2) proof of compliance with the requirements for the payment of forensic medical exams and judicial notification, described in section 2010;[<-Struck out]
‘(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;[<-Struck out]
‘(4) proof of compliance with the requirements prohibiting polygraph examinations of victims of sexual assault, described in section 2013 of this title;[<-Struck out]
‘(5) an implementation plan required under subsection (i); and[<-Struck out]
‘(6) any other documentation that the Attorney General may require.’;[<-Struck out]
(E) in subsection (e)--[<-Struck out](i) in paragraph (2)--[<-Struck out](I) in subparagraph (A), by striking ‘domestic violence and sexual assault’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’; and[<-Struck out](II) in subparagraph (D), by striking ‘linguistically and culturally’ and inserting ‘population’; and[<-Struck out](ii) by adding at the end the following:[<-Struck out]‘(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.’;[<-Struck out]
(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) [<-Struck out](G) by adding at the end the following:[<-Struck out]‘(i) Implementation Plans- A State applying for a grant under this part shall--[<-Struck out]
‘(1) develop an implementation plan in consultation with the entities listed in subsection (c)(2), that identifies how the State will use the funds awarded under this part; and[<-Struck out]
‘(2) submit to the Attorney General--[<-Struck out]
‘(A) the implementation plan developed under paragraph (1);[<-Struck out]
‘(B) documentation from each member of the planning committee as to their participation in the planning process;[<-Struck out]
‘(C) documentation from the prosecution, law enforcement, court, and victim services programs to be assisted, describing--[<-Struck out]
‘(i) the need for the grant funds;[<-Struck out]
‘(ii) the intended use of the grant funds;[<-Struck out]
‘(iii) the expected result of the grant funds; and[<-Struck out]
‘(iv) the demographic characteristics of the populations to be served, including age, disability, race, ethnicity, and language background;[<-Struck out]‘(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;[<-Struck out]
‘(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);[<-Struck out]
‘(F) a description of how the State plans to meet the requirements of subsection (c)(5);[<-Struck out]
‘(G) goals and objectives for reducing domestic violence-related homicides within the State; and[<-Struck out]
‘(H) any other information requested by the Attorney General.[<-Struck out]‘(j) Reallocation of Funds- A State may use any returned or remaining funds for any authorized purpose under this part if--[<-Struck out]
‘(1) funds from a subgrant awarded under this part are returned to the State; or[<-Struck out]
‘(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),’;[<-Struck out]
(4) in section 2010 (42 U.S.C. 3796gg-4 [<-Struck out](A) in subsection (a), by striking paragraph (1) and inserting the following:[<-Struck out]‘(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--[<-Struck out]
‘(A) incurs the full out-of-pocket cost of forensic medical exams described in subsection (b) for victims of sexual assault; and[<-Struck out]
‘(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.’;[<-Struck out]
(B) in subsection (b)--[<-Struck out](i) in paragraph (1), by inserting ‘or’ after the semicolon;[<-Struck out](ii) in paragraph (2), by striking ‘; or’ and inserting a period; and[<-Struck out](iii) by striking paragraph (3);[<-Struck out](C) in subsection (c), by striking ‘, except that such funds’ and all that follows and inserting a period; and[<-Struck out](D) by amended subsection (d) to read as follows:[<-Struck out]‘(d) Noncooperation-[<-Struck out]
‘(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.[<-Struck out]
‘(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[<-Struck out]
(5) in section 2011(a)(1) (42 U.S.C. 3796gg-5(a)(1) [<-Struck out](A) by inserting ‘modification, enforcement, dismissal,’ after ‘registration,’ each place it appears; and[<-Struck out](B) by striking ‘domestic violence’ and all that follows through ‘sexual assault’ and inserting ‘domestic violence, dating violence, sexual assault, or stalking’.[<-Struck out](a) In General- Part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh [<-Struck out](1) in section 2101 (42 U.S.C. 3796hh [<-Struck out](A) in subsection (b)--[<-Struck out](i) in the matter preceding paragraph (1), by striking ‘States,’ and all that follows through ‘units of local government’ and inserting ‘grantees’;[<-Struck out](ii) in paragraph (1), by inserting ‘and enforcement of protection orders across State and tribal lines’ before the period;[<-Struck out](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’;[<-Struck out](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’;[<-Struck out](v) in paragraph (5), by inserting ‘and other victim services’ after ‘legal advocacy service programs’;[<-Struck out](vi) in paragraph (6), by striking ‘judges’ and inserting ‘Federal, State, tribal, territorial, and local judges, courts, and court-based and court-related personnel’;[<-Struck out](vii) in paragraph (8), by striking ‘and sexual assault’ and inserting ‘dating violence, sexual assault, and stalking’;[<-Struck out](viii) in paragraph (10), by striking ‘non-profit, non-governmental victim services organizations,’ and inserting ‘victim service providers, population specific organizations,’; and[<-Struck out](ix) by adding at the end the following:[<-Struck out]‘(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.[<-Struck out]
‘(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) [<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.[<-Struck out]
‘(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.[<-Struck out]
‘(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.[<-Struck out]
‘(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.[<-Struck out]
‘(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by--[<-Struck out]
‘(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;[<-Struck out]
‘(B) identifying and managing high-risk offenders; and[<-Struck out]
‘(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.’;[<-Struck out]
(B) in subsection (c)--[<-Struck out](i) in paragraph (1)--[<-Struck out](I) in the matter preceding subparagraph (A), by inserting ‘except for a court,’ before ‘certify’; and[<-Struck out](II) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;[<-Struck out](ii) in paragraph (2), by inserting ‘except for a court,’ before ‘demonstrate’;[<-Struck out](iii) in paragraph (4)--[<-Struck out](I) by inserting ‘modification, enforcement, dismissal,’ after ‘registration,’ each place it appears;[<-Struck out](II) by inserting ‘dating violence,’ after ‘domestic violence,’; and[<-Struck out](III) by striking ‘and’ at the end;[<-Struck out](iv) in paragraph (5)--[<-Struck out](I) in the matter preceding subparagraph (A), by striking ‘, not later than 3 years after the date of enactment of this section,’;[<-Struck out](II) by inserting ‘, trial of, or sentencing for’ after ‘investigation of’ each place it appears;[<-Struck out](III) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and adjusting the margin accordingly;[<-Struck out](IV) in clause (ii), as redesignated by subclause (III) of this clause, by striking ‘subparagraph (A)’ and inserting ‘clause (i)’; and[<-Struck out](V) by striking the period at the end and inserting ‘; and’;[<-Struck out](v) by redesignating paragraphs (1) through (5), as amended by this subparagraph, as subparagraphs (A) through (E), respectively;[<-Struck out](vi) in the matter preceding subparagraph (A), as redesignated by clause (v) of this subparagraph--[<-Struck out](I) by striking the comma that immediately follows another comma; and[<-Struck out](II) by striking ‘grantees are States’ and inserting the following: ‘grantees are--[<-Struck out]‘(1) States’; and[<-Struck out]
(vii) by adding at the end the following:[<-Struck out]‘(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).’;[<-Struck out]
(C) in subsection (d)--[<-Struck out](i) in paragraph (1)--[<-Struck out](I) in the matter preceding subparagraph (A), by inserting ‘, policy,’ after ‘law’; and[<-Struck out](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[<-Struck out](ii) in paragraph (2), by striking ‘it’ and inserting ‘its’; and[<-Struck out](D) by adding at the end the following:[<-Struck out]‘(f) 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[<-Struck out]
(2) in section 2102(a) (42 U.S.C. 3796hh-1(a) [<-Struck out](A) in paragraph (1), by inserting ‘court,’ after ‘tribal government,’; and[<-Struck out](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’.[<-Struck out](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) [<-Struck out](1) by striking ‘$75,000,000’ and all that follows through ‘2011.’ and inserting ‘$70,000,000 for each of fiscal years 2012 through 2016.’; and[<-Struck out](2) by striking the period that immediately follows another period.[<-Struck out]Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6 [<-Struck out](1) in subsection (a)--[<-Struck out](A) in the first sentence, by striking ‘arising as a consequence of’ and inserting ‘relating to or arising out of’; and[<-Struck out](B) in the second sentence, by inserting ‘or arising out of’ after ‘relating to’;[<-Struck out](2) in subsection (b)--[<-Struck out](A) in the heading, by inserting ‘and Grant Conditions’ after ‘Definitions’; and[<-Struck out](B) by inserting ‘and grant conditions’ after ‘definitions’;[<-Struck out](3) in subsection (c)--[<-Struck out](A) in paragraph (1), by striking ‘victims services organizations’ and inserting ‘victim service providers’; and[<-Struck out](B) by striking paragraph (3) and inserting the following:[<-Struck out]‘(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.’;[<-Struck out]
(4) in subsection (d)--[<-Struck out](A) in paragraph (1), by striking ‘this section has completed’ and all that follows and inserting the following: ‘this section--’[<-Struck out]‘(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[<-Struck out]
‘(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); and[<-Struck out]
‘(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[<-Struck out]
(B) in paragraph (2), by striking ‘stalking organization’ and inserting ‘stalking victim service provider’; and[<-Struck out](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.’.[<-Struck out](a) In General- Title III of division B of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386 42 U.S.C. 10420 Public Law 109-162 [<-Struck out]‘SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION IMPROVEMENTS.[<-Struck out]‘(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.[<-Struck out]
‘(b) Use of Funds- A grant under this section may be used to--[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(3) educate court-based and court-related personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault, and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se;[<-Struck out]
‘(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;[<-Struck out]
‘(5) enable courts or court-based or court-related programs to develop or enhance--[<-Struck out]
‘(A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services);[<-Struck out]
‘(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);[<-Struck out]
‘(C) offender management, monitoring, and accountability programs;[<-Struck out]
‘(D) safe and confidential information-storage and information-sharing databases within and between court systems;[<-Struck out]
‘(E) education and outreach programs to improve community access, including enhanced access for underserved populations; and[<-Struck out]
‘(F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking;[<-Struck out]‘(6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to--[<-Struck out]
‘(A) victims of domestic violence; and[<-Struck out]
‘(B) nonoffending parents in matters--[<-Struck out]
‘(i) that involve allegations of child sexual abuse;[<-Struck out]
‘(ii) that relate to family matters, including civil protection orders, custody, and divorce; and[<-Struck out]
‘(iii) in which the other parent is represented by counsel;[<-Struck out]‘(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 are proceeding with the assistance of a legal advocate; and[<-Struck out]
‘(8) to improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system.[<-Struck out]‘(c) Considerations-[<-Struck out]
‘(1) IN GENERAL- In making grants for purposes described in paragraphs (1) through (7) of subsection (b), the Attorney General shall consider--[<-Struck out]
‘(A) the number of families to be served by the proposed programs and services;[<-Struck out]
‘(B) the extent to which the proposed programs and services serve underserved populations;[<-Struck out]
‘(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[<-Struck out]
‘(D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral.[<-Struck out]‘(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.[<-Struck out]‘(d) Applicant Requirements- The Attorney General may make a grant under this section to an applicant that--[<-Struck out]
‘(1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate;[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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[<-Struck out]
‘(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 organization or coalition on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make recommendations on custody and visitation.[<-Struck out]‘(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.[<-Struck out]
‘(f) Allotment for Indian Tribes-[<-Struck out]
‘(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.[<-Struck out]
‘(2) APPLICABILITY OF PART- The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).’.[<-Struck out](b) Technical and Conforming Amendment- Subtitle J of the Violence Against Women Act of 1994 (42 U.S.C. 14043 [<-Struck out]Section 40152(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13941 [<-Struck out]Subtitle B of title II of the Crime Control Act of 1990 (42 U.S.C. 13011 [<-Struck out](1) in section 216 (42 U.S.C. 13012 [<-Struck out](2) in section 217 (42 U.S.C. 13013 [<-Struck out](A) by striking ‘Code of Ethics’ in section (c)(2) and inserting ‘Standards for Programs’; and[<-Struck out](B) by adding at the end the following:[<-Struck out]‘(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[<-Struck out]
(3) in section 219(a) (42 U.S.C. 13014(a) [<-Struck out]Section 2261A of title 18, United States Code ‘Sec. 2261A. Stalking[<-Struck out]‘Whoever--[<-Struck out]
‘(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--[<-Struck out]
‘(A) places that person in reasonable fear of the death of, or serious bodily injury to--[<-Struck out]
‘(i) that person;[<-Struck out]
‘(ii) an immediate family member (as defined in section 115) of that person; or[<-Struck out]
‘(iii) a spouse or intimate partner of that person; or[<-Struck out]‘(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[<-Struck out]‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(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),[<-Struck out]shall be punished as provided in section 2261(b) of this title.’.[<-Struck out]Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045 [<-Struck out]‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS.[<-Struck out]‘(a) Grants Authorized-[<-Struck out]
‘(1) IN GENERAL- Of the amounts appropriated under the grant programs identified in paragraph (2), the Attorney General shall take 2 percent of such appropriated amounts and combine them to award grants to eligible entities described in subsection (b) of this section to develop and implement outreach strategies targeted at adult, or youth, victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations and to provide victim services to meet the needs of adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in underserved populations. The requirements of the grant programs identified in paragraph (3) shall not apply to this grant program.[<-Struck out]
‘(2) PROGRAMS COVERED- The programs covered by paragraph (2) are the programs carried out under the following provisions:[<-Struck out]
‘(A) Section 2001 of the Omnibus Crime Control and Safe Streets Act of 1968 (STOP Grants).[<-Struck out]
‘(B) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies).[<-Struck out]‘(b) Eligible Entities- Eligible entities under this section are--[<-Struck out]
‘(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;[<-Struck out]
‘(2) victim service providers offering population specific services for a specific underserved population; or[<-Struck out]
‘(3) victim service providers working in partnership with a national, State, or local organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved population.[<-Struck out]‘(c) Planning Grants- The Attorney General may use up to 30 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--[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(3) identifying promising prevention, outreach and intervention strategies for victims from a targeted underserved population or populations; and[<-Struck out]
‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(1) working with Federal, State, tribal, territorial and local governments, agencies, and organizations to develop or enhance population specific victim services;[<-Struck out]
‘(2) strengthening the capacity of underserved populations to provide population specific victim services;[<-Struck out]
‘(3) strengthening the capacity of traditional victim service providers to provide population specific services;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(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 [<-Struck out]Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045a [<-Struck out](1) in the section heading, by striking ‘and linguistically’;[<-Struck out](2) by striking ‘and linguistically’ each place it appears;[<-Struck out](3) by striking ‘and linguistic’ each place it appears;[<-Struck out](4) by striking subsection (a)(2) and inserting:[<-Struck out]‘(2) PROGRAMS COVERED- The programs covered by paragraph (1) are the programs carried out under the following provisions:[<-Struck out]
‘(A) Section 2101 of the Omnibus Crime Control and Safe Streets Act of 1968 (Grants to Encourage Arrest Policies and Enforcement of Protection Orders).[<-Struck out]
‘(B) Section 1401 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-6 [<-Struck out]
‘(C) Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 13971 [<-Struck out]
‘(D) Section 40802a of the Violence Against Women Act of 1994 (42 U.S.C. 14041a [<-Struck out]
‘(E) Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7 [<-Struck out](5) in subsection (g), by striking ‘linguistic and’.[<-Struck out][Struck out->]
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out]
(a) Grants to States and Territories- Section 41601(b) of the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b) [<-Struck out](1) in paragraph (1)--[<-Struck out](A) by striking ‘governmental and non-governmental’; and[<-Struck out](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.’;[<-Struck out](2) in paragraph (2)--[<-Struck out](A) in subparagraph (B), by striking ‘nonprofit, nongovernmental organizations for programs and activities’ and inserting ‘nongovernmental or tribal programs and activities’; and[<-Struck out](B) in subparagraph (C)(v), by striking ‘linguistically and’; and[<-Struck out](3) in paragraph (4)--[<-Struck out](A) by inserting ‘(including the District of Columbia and Puerto Rico)’ after ‘The Attorney General shall allocate to each State’;[<-Struck out](B) by striking ‘the District of Columbia, Puerto Rico,’ after ‘Guam’;[<-Struck out](C) by striking ‘0.125 percent’ and inserting ‘0.25 percent’; and[<-Struck out](D) by striking ‘The District of Columbia shall be treated as a territory for purposes of calculating its allocation under the preceding formula.’.[<-Struck out](b) Authorization of Appropriations- Section 41601(f)(1) of the Violence Against Women Act of 1994 (42 U.S.C. 14043g(f)(1) [<-Struck out]Section 40295 of the Violence Against Women Act of 1994 (42 U.S.C. 13971 [<-Struck out](1) in subsection (a)(1)(H), by inserting ‘, including sexual assault forensic examiners’ before the semicolon;[<-Struck out](2) in subsection (b)--[<-Struck out](A) in paragraph (1)--[<-Struck out](i) by striking ‘victim advocacy groups’ and inserting ‘victim service providers’; and[<-Struck out](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;[<-Struck out](B) in paragraph (2)--[<-Struck out](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[<-Struck out](ii) by striking ‘and’ at the end;[<-Struck out](C) in paragraph (3), by striking the period at the end and inserting ‘; and’; and[<-Struck out](D) by adding at the end the following:[<-Struck out]‘(4) developing, enlarging, or strengthening programs addressing sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs.’; and[<-Struck out]
(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’.[<-Struck out]Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg-7 [<-Struck out](1) in subsection (b)--[<-Struck out](A) in paragraph (1), by inserting ‘(including using evidence-based indicators to assess the risk of domestic and dating violence homicide)’ after ‘risk reduction’;[<-Struck out](B) in paragraph (4), by striking ‘victim service organizations’ and inserting ‘victim service providers’; and[<-Struck out](C) in paragraph (5), by striking ‘victim services organizations’ and inserting ‘victim service providers’;[<-Struck out](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[<-Struck out](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’.[<-Struck out]Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C. 14041a [<-Struck out]‘SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER LIFE.[<-Struck out]‘(a) Definitions- In this section--[<-Struck out]
‘(1) the term ‘eligible entity’ means an entity that--[<-Struck out]
‘(A) is--[<-Struck out]
‘(i) a State;[<-Struck out]
‘(ii) a unit of local government;[<-Struck out]
‘(iii) a tribal government or tribal organization;[<-Struck out]
‘(iv) a population specific organization with demonstrated experience in assisting individuals in later life;[<-Struck out]
‘(v) a victim service provider; or[<-Struck out]
‘(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; and[<-Struck out]‘(B) is partnered with--[<-Struck out]
‘(i) a law enforcement agency;[<-Struck out]
‘(ii) an office of a prosecutor;[<-Struck out]
‘(iii) a victim service provider; or[<-Struck out]
‘(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life;[<-Struck out]‘(2) the term ‘exploitation’ has the meaning given the term in section 2011 of the Social Security Act (42 U.S.C. 1397j [<-Struck out]
‘(3) the term ‘later life’, relating to an individual, means the individual is 50 years of age or older; and[<-Struck out]
‘(4) the term ‘neglect’ means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an individual in later life.[<-Struck out]‘(b) Grant Program-[<-Struck out]
‘(1) GRANTS AUTHORIZED- The Attorney General may make grants to eligible entities to carry out the activities described in paragraph (2).[<-Struck out]
‘(2) MANDATORY AND PERMISSIBLE ACTIVITIES-[<-Struck out]
‘(A) MANDATORY ACTIVITIES- An eligible entity receiving a grant under this section shall use the funds received under the grant to--[<-Struck out]
‘(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;[<-Struck out]
‘(ii) provide or enhance services for victims of elder abuse;[<-Struck out]
‘(iii) establish or support multidisciplinary collaborative community responses to victims of elder abuse; and[<-Struck out]
‘(iv) conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population specific organizations, faith-based advocates, victim service providers, and courts to better serve victims of elder abuse.[<-Struck out]‘(B) PERMISSIBLE ACTIVITIES- An eligible entity receiving a grant under this section may use not more than 10 percent of the funds received under the grant to--[<-Struck out]
‘(i) provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of elder abuse; or[<-Struck out]
‘(ii) conduct outreach activities and awareness campaigns to ensure that victims of elder abuse receive appropriate assistance.[<-Struck out]‘(3) UNDERSERVED POPULATIONS- In making grants under this section, the Attorney General shall give priority to proposals providing culturally specific or population specific services.[<-Struck out]
‘(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2012 through 2016.’.[<-Struck out][Struck out->]
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF VIOLENCE[<-Struck out]
Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b [<-Struck out](1) in subsection (a)--[<-Struck out](A) in the matter preceding paragraph (1), by inserting ‘, territorial or tribal’ after ‘crisis centers, State’; and[<-Struck out](B) in paragraph (6), by inserting ‘and alcohol’ after ‘about drugs’; and[<-Struck out](2) in subsection (c)--[<-Struck out](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[<-Struck out](B) by adding at the end the following:[<-Struck out]‘(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 District of Columbia, or Puerto Rico does not utilize its $150,000, such amount shall be redistributed on the basis of population.’.[<-Struck out]Subtitle L of the Violence Against Women Act of 1994 is amended by striking sections 41201 through 41204 (42 U.S.C. 14043c [<-Struck out]‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH (‘CHOOSE CHILDREN & YOUTH’).[<-Struck out]‘(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.[<-Struck out]
‘(b) Program Purposes- Funds provided under this section may be used for the following program purpose areas:[<-Struck out]
‘(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--[<-Struck out]
‘(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;[<-Struck out]
‘(B) develop and implement policies, practices, and procedures to effectively respond to domestic violence, dating violence, sexual assault, or stalking against youth; or[<-Struck out]
‘(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.[<-Struck out]‘(2) SUPPORTING YOUTH THROUGH EDUCATION AND PROTECTION- To enable middle schools, high schools, and institutions of higher education to--[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(c) Eligible Applicants-[<-Struck out]
‘(1) IN GENERAL- To be eligible to receive a grant under this section, an entity shall be--[<-Struck out]
‘(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[<-Struck out]
‘(B) a victim service provider that is partnered with an entity that has a demonstrated history of effective work addressing the needs of youth.[<-Struck out]‘(2) PARTNERSHIPS-[<-Struck out]
‘(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 [<-Struck out]
‘(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--[<-Struck out]
‘(i) a State, tribe, unit of local government, or territory;[<-Struck out]
‘(ii) a population specific or community-based organization;[<-Struck out]
‘(iii) batterer intervention programs or sex offender treatment programs with specialized knowledge and experience working with youth offenders; or[<-Struck out]
‘(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.[<-Struck out]‘(d) Grantee Requirements- Applicants for grants under this section shall establish and implement policies, practices, and procedures that--[<-Struck out]
‘(1) require and include appropriate referral systems for child and youth victims;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply.[<-Struck out]
‘(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.[<-Struck out]
‘(g) Allotment-[<-Struck out]
‘(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).[<-Struck out]
‘(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.[<-Struck out]‘(h) Priority- The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community.’.[<-Struck out]Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b [<-Struck out](1) in subsection (a)--[<-Struck out](A) in paragraph (1)--[<-Struck out](i) by striking ‘stalking on campuses, and’ and inserting ‘stalking on campuses,’;[<-Struck out](ii) by striking ‘crimes against women on’ and inserting ‘crimes on’; and[<-Struck out](iii) by inserting ‘, and to develop and strengthen prevention education and awareness programs’ before the period; and[<-Struck out](B) in paragraph (2), by striking ‘$500,000’ and inserting ‘$300,000’;[<-Struck out](2) in subsection (b)--[<-Struck out](A) in paragraph (2)--[<-Struck out](i) by inserting ‘, strengthen,’ after ‘To develop’; and[<-Struck out](ii) by inserting ‘including the use of technology to commit these crimes,’ after ‘sexual assault and stalking,’;[<-Struck out](B) in paragraph (4)--[<-Struck out](i) by inserting ‘and population specific services’ after ‘strengthen victim services programs’;[<-Struck out](ii) by striking ‘entities carrying out’ and all that follows through ‘stalking victim services programs’ and inserting ‘victim service providers’; and[<-Struck out](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[<-Struck out](C) by adding at the end the following:[<-Struck out]‘(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.[<-Struck out]
‘(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.’;[<-Struck out]
(3) in subsection (c)--[<-Struck out](A) in paragraph (2)--[<-Struck out](i) in subparagraph (B), by striking ‘any non-profit’ and all that follows through ‘victim services programs’ and inserting ‘victim service providers’;[<-Struck out](ii) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and[<-Struck out](iii) by inserting after subparagraph (C), the following:[<-Struck out]‘(D) describe how underserved populations in the campus community will be adequately served, including the provision of relevant population specific services;’; and[<-Struck out]
(B) in paragraph (3), by striking ‘2007 through 2011’ and inserting ‘2012 through 2016’;[<-Struck out](4) in subsection (d)--[<-Struck out](A) by redesignating paragraph (3) as paragraph (4); and[<-Struck out](B) by inserting after paragraph (2), the following:[<-Struck out]‘(3) GRANTEE MINIMUM REQUIREMENTS- Each grantee shall comply with the following minimum requirements during the grant period:[<-Struck out]
‘(A) The grantee shall create a coordinated community response including both organizations external to the institution and relevant divisions of the institution.[<-Struck out]
‘(B) The grantee shall establish a mandatory prevention and education program on domestic violence, dating violence, sexual assault, and stalking for all incoming students.[<-Struck out]
‘(C) The grantee shall train all campus law enforcement to respond effectively to domestic violence, dating violence, sexual assault, and stalking.[<-Struck out]
‘(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[<-Struck out](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.’.[<-Struck out](a) In General- Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f) [<-Struck out](1) in paragraph (1)--[<-Struck out](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[<-Struck out](B) in subparagraph (F)--[<-Struck out](i) in clause (i)(VIII), by striking ‘and’ after the semicolon;[<-Struck out](ii) in clause (ii)--[<-Struck out](I) by striking ‘sexual orientation’ and inserting ‘national origin, sexual orientation, gender identity,’; and[<-Struck out](II) by striking the period and inserting ‘; and’; and[<-Struck out](iii) by adding at the end the following:[<-Struck out]‘(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.’;[<-Struck out](2) in paragraph (3), by inserting ‘, that withholds the names of victims as confidential,’ after ‘that is timely’;[<-Struck out](3) in paragraph (6)(A)--[<-Struck out](A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively;[<-Struck out](B) by inserting before clause (ii), as redesignated by subparagraph (A), the following:[<-Struck out]‘(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) [<-Struck out]
(C) by inserting after clause (iv), as redesignated by subparagraph (A), the following:[<-Struck out]‘(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.’;[<-Struck out]
(4) in paragraph (7)--[<-Struck out](A) by striking ‘paragraph (1)(F)’ and inserting ‘clauses (i) and (ii) of paragraph (1)(F)’; and[<-Struck out](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) [<-Struck out](5) by striking paragraph (8) and inserting the following:[<-Struck out]‘(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--[<-Struck out]
‘(i) such institution’s programs to prevent domestic violence, dating violence, sexual assault, and stalking; and[<-Struck out]
‘(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported.[<-Struck out]‘(B) The policy described in subparagraph (A) shall address the following areas:[<-Struck out]
‘(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include--[<-Struck out]
‘(I) primary prevention and awareness programs for all incoming students and new employees, which shall include--[<-Struck out]
‘(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;[<-Struck out]
‘(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;[<-Struck out]
‘(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction;[<-Struck out]
‘(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;[<-Struck out]
‘(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and[<-Struck out]
‘(ff) the information described in clauses (ii) through (vii); and[<-Struck out]‘(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).[<-Struck out]‘(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.[<-Struck out]
‘(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about--[<-Struck out]
‘(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;[<-Struck out]
‘(II) to whom the alleged offense should be reported;[<-Struck out]
‘(III) options regarding law enforcement and campus authorities, including notification of the victim’s option to--[<-Struck out]
‘(aa) notify proper law enforcement authorities, including on-campus and local police;[<-Struck out]
‘(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and[<-Struck out]
‘(cc) decline to notify such authorities; and[<-Struck out]‘(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.[<-Struck out]‘(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--[<-Struck out]
‘(I) such proceedings shall--[<-Struck out]
‘(aa) provide a prompt and equitable investigation and resolution; and[<-Struck out]
‘(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;[<-Struck out]‘(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[<-Struck out]
‘(III) both the accuser and the accused shall be simultaneously informed, in writing, of--[<-Struck out]
‘(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;[<-Struck out]
‘(bb) the institution’s procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;[<-Struck out]
‘(cc) of any change to the results that occurs prior to the time that such results become final; and[<-Struck out]
‘(dd) when such results become final.[<-Struck out]‘(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.[<-Struck out]
‘(vi) Notification of students about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.[<-Struck out]
‘(vii) 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.[<-Struck out]‘(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).’;[<-Struck out]
(6) in paragraph (9), by striking ‘The Secretary’ and inserting ‘The Secretary, in consultation with the Attorney General of the United States,’;[<-Struck out](7) by striking paragraph (16) and inserting the following:[<-Struck out]‘(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.[<-Struck out]
‘(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[<-Struck out]
(8) by striking paragraph (17) and inserting the following:[<-Struck out]‘(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.’.[<-Struck out]
(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) [<-Struck out][Struck out->]
TITLE IV--VIOLENCE REDUCTION PRACTICES[<-Struck out]
Section 402(c) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b-4(c) [<-Struck out](a) SMART Prevention- Section 41303 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-2 [<-Struck out]‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH PREVENTION (SMART PREVENTION).[<-Struck out]‘(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.[<-Struck out]
‘(b) Use of Funds- Funds provided under this section may be used for the following purposes:[<-Struck out]
‘(1) TENN 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--[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(C) education and outreach to change environmental factors contributing to domestic violence, dating violence, sexual assault, and stalking; and[<-Struck out]
‘(D) policy development targeted to prevention, including school-based policies and protocols.[<-Struck out]‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]‘(c) Eligible Entities- To be an eligible to receive a grant under this section, an entity shall be--[<-Struck out]
‘(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[<-Struck out]
‘(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:[<-Struck out]
‘(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 [<-Struck out]
‘(B) A local community-based organization, population-specific organization, or faith-based organization that has established expertise in providing services to youth.[<-Struck out]
‘(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.[<-Struck out]
‘(D) A nonprofit, nongovernmental entity providing services for runaway or homeless youth affected by domestic violence, dating violence, sexual assault, or stalking.[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]‘(d) Grantee Requirements-[<-Struck out]
‘(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.[<-Struck out]
‘(2) POLICIES AND PROCEDURES- Applicants under this section shall establish and implement policies, practices, and procedures that--[<-Struck out]
‘(A) include appropriate referral systems to direct any victim identified during program activities to highly qualified follow-up care;[<-Struck out]
‘(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;[<-Struck out]
‘(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[<-Struck out]
‘(D) document how prevention programs are coordinated with service programs in the community.[<-Struck out]‘(3) PREFERENCE- In selecting grant recipients under this section, the Attorney General shall give preference to applicants that--[<-Struck out]
‘(A) include outcome-based evaluation; and[<-Struck out]
‘(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.[<-Struck out]‘(e) Definitions and Grant Conditions- In this section, the definitions and grant conditions provided for in section 40002 shall apply.[<-Struck out]
‘(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.[<-Struck out]
‘(g) Allotment-[<-Struck out]
‘(1) IN GENERAL- Not less than 25 percent of the total amounts appropriated under this section in each fiscal year shall be used for each set of purposes described in paragraphs (1), (2), and (3) of subsection (a).[<-Struck out]
‘(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.’.[<-Struck out](b) Repeals- The following provisions are repealed:[<-Struck out](1) Sections 41304 and 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-3 [<-Struck out](2) Section 403 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045c [<-Struck out][Struck out->]
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out]
(a) Grants- Section 399P of the Public Health Service Act (42 U.S.C. 280g-4 [<-Struck out]‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out] ‘(a) In General- The Secretary shall award grants for--[<-Struck out]
‘(1) the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, and allied health professionals;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(b) Use of Funds-[<-Struck out]
‘(1) REQUIRED USES- Amounts provided under a grant under this section shall be used to--[<-Struck out]
‘(A) fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that--[<-Struck out]
‘(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[<-Struck out]
‘(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;[<-Struck out]‘(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--[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(iii) the development of measures and methods for the evaluation of the practice of identification, intervention, and documentation regarding victims of domestic violence, dating violence, sexual assault, and stalking, including the development and testing of quality improvement measurements; and[<-Struck out]
‘(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.[<-Struck out]‘(2) PERMISSIBLE USES-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(C) OTHER USES- Grants funded under subsection (a)(3) may be used for--[<-Struck out]
‘(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;[<-Struck out]
‘(ii) the development, expansion, and implementation of sexual assault forensic medical examination or sexual assault nurse examiner programs;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(c) Requirements for Grantees-[<-Struck out]
‘(1) CONFIDENTIALITY AND SAFETY-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]
‘(3) APPLICATION-[<-Struck out]
‘(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.[<-Struck out]
‘(B) SUBSECTION (a)(1) AND (2) GRANTEES- Applications for grants under paragraphs (1) and (2) of subsection (a) shall include--[<-Struck out]
‘(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--[<-Struck out]
‘(I) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field;[<-Struck out]
‘(II) a health care facility or system; or[<-Struck out]
‘(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[<-Struck out]‘(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.[<-Struck out]‘(C) SUBSECTION (a)(3) GRANTEES- An entity desiring a grant under subsection (a)(3) shall submit an application to the Secretary at such time, in such a manner, and containing such information and assurances as the Secretary may require, including--[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(d) Eligible Entities-[<-Struck out]
‘(1) IN GENERAL- To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be--[<-Struck out]
‘(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;[<-Struck out]
‘(B) an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health;[<-Struck out]
‘(C) a health care provider membership or professional organization, or a health care system; or[<-Struck out]
‘(D) a State, tribal, territorial, or local entity.[<-Struck out]‘(2) SUBSECTION (a)(3) GRANTEES- To be eligible to receive funding under subsection (a)(3), an entity shall be--[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(e) Technical Assistance-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(3) REPORTING- The Secretary shall publish a biennial report on--[<-Struck out]
‘(A) the distribution of funds under this section; and[<-Struck out]
‘(B) the programs and activities supported by such funds.[<-Struck out]‘(f) Research and Evaluation-[<-Struck out]
‘(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--[<-Struck out]
‘(A) grants awarded under this section; and[<-Struck out]
‘(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.[<-Struck out]‘(2) RESEARCH- Research authorized in paragraph (1) may include--[<-Struck out]
‘(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;[<-Struck out]
‘(B) research to determine effective health care interventions to respond to and prevent domestic violence, dating violence, sexual assault, and stalking;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]
‘(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.’.[<-Struck out]
(b) Repeals- The following provisions are repealed:[<-Struck out](1) Section 40297 of the Violence Against Women Act of 1994 (42 U.S.C. 13973 [<-Struck out](2) Section 758 of the Public Health Service Act (42 U.S.C. 294h [<-Struck out][Struck out->]
TITLE VI--SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING[<-Struck out]
(a) Amendment- Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e [<-Struck out](1) by inserting after the subtitle heading the following:[<-Struck out]‘CHAPTER 1--GRANT PROGRAMS’;[<-Struck out] (2) in section 41402 (42 U.S.C. 14043e-1 [<-Struck out](3) in section 41403 (42 U.S.C. 14043e-2 [<-Struck out](4) by adding at the end the following:[<-Struck out]‘CHAPTER 2--HOUSING RIGHTS[<-Struck out] ‘SEC. 41411. HOUSING RIGHTS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.[<-Struck out]‘(a) Definitions- In this chapter:[<-Struck out]
‘(1) 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 [<-Struck out]
‘(2) COVERED HOUSING PROGRAM- The term ‘covered housing program’ means--[<-Struck out]
‘(A) the program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q [<-Struck out]
‘(B) the program under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013 [<-Struck out]
‘(C) the program under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 [<-Struck out]
‘(D) the program under subtitle A of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 [<-Struck out]
‘(E) the program under subtitle A of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12741 [<-Struck out]
‘(F) the program under paragraph (3) of section 221(d) of the National Housing Act (12 U.S.C. 1715l(d) [<-Struck out]
‘(G) the program under section 236 of the National Housing Act (12 U.S.C. 1715z-1 [<-Struck out]
‘(H) the programs under sections 6 and 8 of the United States Housing Act of 1937 (42 U.S.C. 1437d [<-Struck out]
‘(I) rural housing assistance provided under sections 514, 515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C. 1484 [<-Struck out]
‘(J) the low income housing tax credit program under section 42 of the Internal Revenue Code of 1986.[<-Struck out]‘(3) IMMEDIATE FAMILY MEMBER- The term ‘immediate family member’ means, with respect to an individual--[<-Struck out]
‘(A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom such individual stands in loco parentis;[<-Struck out]
‘(B) any individual living in the household of such individual who is related to such individual by blood or marriage; or[<-Struck out]
‘(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.[<-Struck out]‘(b) Prohibited Basis for Denial or Termination of Assistance or Eviction-[<-Struck out]
‘(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.[<-Struck out]
‘(2) CONSTRUCTION OF LEASE TERMS- An incident of actual or threatened domestic violence, dating violence, sexual assault, or stalking shall not be construed as--[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(3) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY-[<-Struck out]
‘(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 member of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking.[<-Struck out]
‘(B) BIFURCATION-[<-Struck out]
‘(i) IN GENERAL- Notwithstanding subparagraph (A), an 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 member 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.[<-Struck out]
‘(ii) EFFECT OF EVICTION ON OTHER TENANTS- If an 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 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 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.[<-Struck out]‘(C) RULES OF CONSTRUCTION- Nothing in subparagraph (A) shall be construed--[<-Struck out]
‘(i) to limit the authority of an 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--[<-Struck out]
‘(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[<-Struck out]
‘(II) the distribution or possession of property among members of a household in a case;[<-Struck out]‘(ii) to limit any otherwise available authority of an 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 the 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;[<-Struck out]
‘(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 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[<-Struck out]
‘(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.[<-Struck out]‘(c) Documentation-[<-Struck out]
‘(1) REQUEST FOR DOCUMENTATION- If an applicant for or tenant of housing assisted under a covered housing program represents to the owner or manager of the housing that the individual is entitled to protection under subsection (b), the owner or manager may request, in writing, that the tenant submit to the owner or manager a form of documentation described in paragraph (3).[<-Struck out]
‘(2) FAILURE TO PROVIDE CERTIFICATION- If a 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 housing, nothing in this chapter may be construed to limit the authority of the owner or manager to evict any tenant or lawful occupant that commits violations of a lease. The owner or manager of the housing may extend the 14-day deadline at its discretion.[<-Struck out]
‘(3) FORM OF DOCUMENTATION- A form of documentation described in this paragraph is--[<-Struck out]
‘(A) a certification form approved by the appropriate agency that--[<-Struck out]
‘(i) states that an applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking;[<-Struck out]
‘(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[<-Struck out]
‘(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;[<-Struck out]‘(B) a document that--[<-Struck out]
‘(i) is signed by--[<-Struck out]
‘(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[<-Struck out]
‘(II) the applicant or tenant; and[<-Struck out]‘(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);[<-Struck out]‘(C) a record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency; or[<-Struck out]
‘(D) at the discretion of an owner or manager of housing assisted under a covered housing program, a statement or other evidence provided by an applicant or tenant.[<-Struck out]‘(4) CONFIDENTIALITY- Any information submitted to an 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 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--[<-Struck out]
‘(A) requested or consented to by the individual in writing;[<-Struck out]
‘(B) required for use in an eviction proceeding under subsection (b); or[<-Struck out]
‘(C) otherwise required by applicable law.[<-Struck out]‘(5) DOCUMENTATION NOT REQUIRED- Nothing in this subsection shall be construed to require an 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.[<-Struck out]
‘(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 documentation received under this subsection, shall not be sufficient to constitute evidence of an unreasonable act or omission by the owner or manager or an employee or agent of the owner or manager. Nothing in this paragraph shall be construed to limit the liability of an owner or manager of housing assisted under a covered housing program for failure to comply with subsection (b).[<-Struck out]
‘(7) 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.[<-Struck out]‘(d) Notification- Each owner or manager of housing assisted under a covered housing program shall provide to each applicant for or tenant of such housing notice of the rights of individuals under this section, including the right to confidentiality and the limits thereof, together with the form described in subsection (c)(3)(A)--[<-Struck out]
‘(1) at the time the individual applies to live in a dwelling unit assisted under the covered housing program;[<-Struck out]
‘(2) at the time the individual is admitted to a dwelling unit assisted under the covered housing program;[<-Struck out]
‘(3) with any notification of eviction or notification of termination of assistance;[<-Struck out]
‘(4) 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 [<-Struck out]
‘(5) by posting the notification in a public area of such housing.[<-Struck out]‘(e) Emergency Transfers- Notwithstanding any other provision of law, each owner or manager of housing assisted under a covered program shall adopt an emergency transfer policy for tenants who are victims of domestic violence, dating violence, sexual assault, or stalking that--[<-Struck out]
‘(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--[<-Struck out]
‘(A) the tenant expressly requests the transfer; and[<-Struck out]
‘(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[<-Struck out]
‘(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[<-Struck out]‘(2) incorporates reasonable confidentiality measures to ensure that the 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.[<-Struck out]‘(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) [<-Struck out]
‘(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.’.[<-Struck out]
(b) Conforming Amendments-[<-Struck out](1) SECTION 6- Section 6 of the United States Housing Act of 1937 (42 U.S.C. 1437d [<-Struck out](A) in subsection (c)--[<-Struck out](i) by striking paragraph (3); and[<-Struck out](ii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;[<-Struck out](B) in subsection (l)--[<-Struck out](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[<-Struck out](ii) in paragraph (6), by striking ‘; except that’ and all that follows through ‘stalking.’; and[<-Struck out](C) by striking subsection (u).[<-Struck out](2) SECTION 8- Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f [<-Struck out](A) in subsection (c), by striking paragraph (9);[<-Struck out](B) in subsection (d)(1)--[<-Struck out](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[<-Struck out](ii) in subparagraph (B)--[<-Struck out](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[<-Struck out](II) in clause (iii), by striking ‘, except that:’ and all that follows through ‘stalking.’;[<-Struck out](C) in subsection (f)--[<-Struck out](i) in paragraph (6), by adding ‘and’ at the end;[<-Struck out](ii) in paragraph (7), by striking the semicolon at the end and inserting a period; and[<-Struck out](iii) by striking paragraphs (8), (9), (10), and (11);[<-Struck out](D) in subsection (o)--[<-Struck out](i) in paragraph (6)(B), by striking the last sentence;[<-Struck out](ii) in paragraph (7)--[<-Struck out](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[<-Struck out](II) in subparagraph (D), by striking ‘; except that’ and all that follows through ‘stalking.’; and[<-Struck out](iii) by striking paragraph (20); and[<-Struck out](E) by striking subsection (ee).[<-Struck out](3) RULE OF CONSTRUCTION- Nothing in this Act, or the amendments made by this Act, shall be construed--[<-Struck out](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 [<-Struck out](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--[<-Struck out](i) was issued under the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162 [<-Struck out](ii) provides greater protection for victims of domestic violence, dating violence, sexual assault, and stalking than this Act.[<-Struck out]Chapter 11 of the Violence Against Women Act of 1994 (42 U.S.C. 13975 [<-Struck out](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[<-Struck out](2) in section 40299 (42 U.S.C. 13975 [<-Struck out](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’;[<-Struck out](B) in subsection (a)(1), by striking ‘fleeing’; and[<-Struck out](C) in subsection (g)--[<-Struck out](i) in paragraph (1), by striking ‘$40,000,000 for each of fiscal years 2007 through 2011’ and inserting ‘$35,000,000’ for each of fiscal years 2012 through 2016; and[<-Struck out](ii) in paragraph (3)--[<-Struck out](I) in subparagraph (A), by striking ‘eligible’ and inserting ‘qualified’; and[<-Struck out](II) by adding at the end the following:[<-Struck out]‘(D) QUALIFIED APPLICATION DEFINED- In this paragraph, the term ‘qualified application’ means an application that--[<-Struck out]
‘(i) has been submitted by an eligible applicant;[<-Struck out]
‘(ii) does not propose any significant activities that may compromise victim safety;[<-Struck out]
‘(iii) reflects an understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking; and[<-Struck out]
‘(iv) does not propose prohibited activities, including mandatory services for victims, background checks of victims, or clinical evaluations to determine eligibility for services.’.[<-Struck out]Subtitle N of the Violence Against Women Act of 1994 (42 U.S.C. 14043e [<-Struck out](1) in section 41404(i) (42 U.S.C. 14043e-3(i) [<-Struck out](2) in section 41405(g) (42 U.S.C. 14043e-4(g) [<-Struck out][Struck out->]
TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE[<-Struck out]
Section 41501(e) of the Violence Against Women Act of 1994 (42 U.S.C. 14043f(e) [<-Struck out][Struck out->]
TITLE VIII--PROTECTION OF BATTERED IMMIGRANTS[<-Struck out]
Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii) [<-Struck out]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:[<-Struck out](1) The number of aliens who--[<-Struck out](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) [<-Struck out](B) were granted such nonimmigrant status during such fiscal year; or[<-Struck out](C) were denied such nonimmigrant status during such fiscal year.[<-Struck out](2) The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.[<-Struck out](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.[<-Struck out](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) [<-Struck out](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).[<-Struck out]Section 204(l)(2) of the Immigration and Nationality Act (8 U.S.C. 1154(l)(2) [<-Struck out](1) in subparagraph (E), by striking ‘or’ at the end;[<-Struck out](2) by redesignating subparagraph (F) as subparagraph (G); and[<-Struck out](3) by inserting after subparagraph (E) the following:[<-Struck out]‘(F) a derivative beneficiary of an alien who was a VAWA self-petitioner; or’.[<-Struck out]Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4) [<-Struck out]‘(E) SPECIAL RULE FOR QUALIFIED ALIEN VICTIMS- Subparagraphs (A), (B), and (C) shall not apply to an alien who--[<-Struck out]
‘(i) is a VAWA self-petitioner;[<-Struck out]
‘(ii) is an applicant for, or is granted, nonimmigrant status under section 101(a)(15)(U); or[<-Struck out]
‘(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) [<-Struck out](a) Petitioning Procedures for Section 101(a)(15)(U) Visas- Paragraph (1) of section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p) [<-Struck out]‘(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U) VISAS-[<-Struck out]
‘(A) CERTIFICATION- The petition filed by an alien under section 101(a)(15)(U)(i) shall contain a certification--[<-Struck out]
‘(i) from--[<-Struck out]
‘(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[<-Struck out]
‘(II) an appropriate official of the Department of Homeland Security whose ability to provide such certification is not limited to information concerning immigration violations;[<-Struck out]‘(ii) that is signed by an official with supervisory responsibilities, but who is not required to be the head of the certifying agency; and[<-Struck out]
‘(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).[<-Struck out]‘(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.’.[<-Struck out](b) Numerical Limitations- Section 214(p)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(2)(A) [<-Struck out](c) Age Determinations- Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p) [<-Struck out]‘(7) AGE DETERMINATIONS-[<-Struck out]
‘(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.[<-Struck out]
‘(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.’.[<-Struck out](a) In General- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4) [<-Struck out](1) in subparagraph (A), by striking the comma at the end and inserting a semicolon;[<-Struck out](2) in subparagraph (B), by striking ‘(1), or’ and inserting ‘(1); or’;[<-Struck out](3) in subparagraph (C), by striking the period at the end and inserting a semicolon and ‘or’; and[<-Struck out](4) by inserting after subparagraph (C) the following:[<-Struck out]‘(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).’.[<-Struck out](b) Technical Corrections- Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4) [<-Struck out](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[<-Struck out](2) in the undesignated paragraph at the end--[<-Struck out](A) in the first sentence, by striking ‘Attorney General’ and inserting ‘Secretary of Homeland Security’;[<-Struck out](B) in the second sentence, by striking ‘Attorney General’ and inserting ‘Secretary’;[<-Struck out](C) in the third sentence, by striking ‘Attorney General.’ and inserting ‘Secretary.’; and[<-Struck out](D) in the fourth sentence, by striking ‘Attorney General’ and inserting ‘Secretary’.[<-Struck out]Paragraph (1) of section 204(a) of the Immigration and Nationality Act (8 U.S.C. 1154(a) [<-Struck out]‘(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--[<-Struck out]
‘(i) the date the alien’s petition for such status is approved; or[<-Struck out]
‘(ii) 180 days after the date the alien filed a petition for such status.’.[<-Struck out](a) In General- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184 [<-Struck out](1) in subsection (d)--[<-Struck out](A) in paragraph (1), by striking ‘crime.’ and inserting ‘crime and information on any permanent protection or restraining order issued against the petitioner related to any specified crime described in paragraph (3)(B).’;[<-Struck out](B) in paragraph (2)(A), in the matter preceding clause (i)--[<-Struck out](i) by striking ‘a consular officer’ and inserting ‘the Secretary of Homeland Security’; and[<-Struck out](ii) by striking ‘the officer’ and inserting ‘the Secretary’; and[<-Struck out](C) in paragraph (3)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’; and[<-Struck out](2) in subsection (r)--[<-Struck out](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 subsection.’; and[<-Struck out](B) by amending paragraph (4)(B)(ii) to read as follows:[<-Struck out]‘(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) [<-Struck out]
(3) in paragraph (5)(B)(i), by striking ‘abuse, and stalking.’ and inserting ‘abuse, stalking, or an attempt to commit any such crime.’.[<-Struck out](b) Provision of Information to K Nonimmigrants- Section 833 of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a [<-Struck out](1) in subsection (a)(5)(A)--[<-Struck out](A) in clause (iii)--[<-Struck out](i) by striking ‘State any’ and inserting ‘State, for inclusion in the mailing described in clause (i), any’; and[<-Struck out](ii) by striking the last sentence; and[<-Struck out](B) by adding at the end the following:[<-Struck out]‘(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 [<-Struck out]
‘(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[<-Struck out]
‘(II) shall not be used or disclosed for any other purpose unless expressly authorized by law.[<-Struck out]‘(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 [<-Struck out]
‘(I) whether the petitioner disclosed a protection order, a restraining order, or criminal history information on the visa petition;[<-Struck out]
‘(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[<-Struck out]
‘(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[<-Struck out](2) in subsection (b)(1)(A), by striking ‘or’ after ‘orders’ and inserting ‘and’.[<-Struck out](a) Implementation of the International Marriage Broker Act of 2005-[<-Struck out](1) FINDINGS- Congress finds the following:[<-Struck out](A) The International Marriage Broker Act of 2005 (subtitle D ofPublic Law 109-162 [<-Struck out](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.[<-Struck out](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:[<-Struck out](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 [<-Struck out](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.[<-Struck out](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) [<-Struck out](c) Regulation of International Marriage Brokers- Section 833(d) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(d) [<-Struck out](1) by amending paragraph (1) to read as follows:[<-Struck out]‘(1) PROHIBITION ON MARKETING TO CHILDREN-[<-Struck out]
‘(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.[<-Struck out]
‘(B) COMPLIANCE- To comply with the requirements of subparagraph (A), an international marriage broker shall--[<-Struck out]
‘(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;[<-Struck out]
‘(ii) indicate on such certificate or document the date it was received by the international marriage broker;[<-Struck out]
‘(iii) retain the original of such certificate or document for 7 years after such date of receipt; and[<-Struck out]
‘(iv) produce such certificate or document upon request to an appropriate authority charged with the enforcement of this paragraph.’;[<-Struck out](2) in paragraph (2)--[<-Struck out](A) in subparagraph (A)(i)--[<-Struck out](i) in the heading, by striking ‘REGISTRIES- ’ and inserting ‘WEBSITES- ’; and[<-Struck out](ii) by striking ‘Registry or State sex offender public registry,’ and inserting ‘Website,’; and[<-Struck out](B) in subparagraph (B)(ii), by striking ‘or stalking.’ and inserting ‘stalking, or an attempt to commit any such crime.’;[<-Struck out](3) in paragraph (3)--[<-Struck out](A) in subparagraph (A)--[<-Struck out](i) in clause (i), by striking ‘Registry in which the United States client has resided during the previous 20 years,’ and inserting ‘Website’; and[<-Struck out](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[<-Struck out](B) by striking subparagraph (C);[<-Struck out](4) in paragraph (5)--[<-Struck out](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’;[<-Struck out](B) by amending subparagraph (B) to read as follows:[<-Struck out]‘(B) FEDERAL CRIMINAL PENALTIES-[<-Struck out]
‘(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--[<-Struck out]
‘(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[<-Struck out]
‘(II) knowingly commits such a violation or an attempt, an international marriage broker shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both.[<-Struck out]‘(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.[<-Struck out]
‘(iii) RELATIONSHIP TO OTHER PENALTIES- The penalties provided in clauses (i) and (ii) 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.[<-Struck out]
‘(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[<-Struck out](C) in subparagraph (C), by striking the period at the end and inserting ‘including equitable remedies.’;[<-Struck out](5) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and[<-Struck out](6) by inserting after paragraph (5) the following:[<-Struck out]‘(6) ENFORCEMENT-[<-Struck out]
‘(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.[<-Struck out]
‘(B) CONSULTATION- The Attorney General shall consult with the head 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.’.[<-Struck out](d) GAO Study and Report- Section 833(f) of the International Marriage Broker Regulation Act of 2005 (8 U.S.C. 1375a(f) [<-Struck out](1) in the subsection heading, by striking ‘Study and Report- ’ and inserting ‘Studies and Reports- ’; and[<-Struck out](2) by adding at the end the following:[<-Struck out]‘(4) CONTINUING IMPACT STUDY AND REPORT-[<-Struck out]
‘(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 [<-Struck out]
‘(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).[<-Struck out]
‘(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).’.[<-Struck out]Section 705(c) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229 48 U.S.C. 1806 [<-Struck out]‘(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) [<-Struck out]
‘(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) 8 U.S.C. 1255 [<-Struck out][Struck out->]
TITLE IX--SAFETY FOR INDIAN WOMEN[<-Struck out]
Section 2015(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-10(a) [<-Struck out](1) in paragraph (2), by inserting ‘sex trafficking,’ after ‘sexual assault,’;[<-Struck out](2) in paragraph (4), by inserting ‘sex trafficking,’ after ‘sexual assault,’;[<-Struck out](3) in paragraph (5), by striking ‘and stalking’ and all that follows and inserting ‘sexual assault, sex trafficking, and stalking;’;[<-Struck out](4) in paragraph (7)--[<-Struck out](A) by inserting ‘sex trafficking,’ after ‘sexual assault,’ each place it appears; and[<-Struck out](B) by striking ‘and’ at the end;[<-Struck out](5) in paragraph (8)--[<-Struck out](A) by inserting ‘sex trafficking,’ after ‘stalking,’; and[<-Struck out](B) by striking the period at the end and inserting a semicolon; and[<-Struck out](6) by adding at the end the following:[<-Struck out]‘(9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the child; and[<-Struck out]
‘(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.’.[<-Struck out]Section 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d) [<-Struck out](1) in paragraph (1)--[<-Struck out](A) in subparagraph (B), by striking ‘and’ at the end;[<-Struck out](B) in subparagraph (C), by striking the period at the end and inserting ‘; and’; and[<-Struck out](C) by adding at the end the following:[<-Struck out]‘(D) developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, stalking, and sex trafficking.’; and[<-Struck out](2) in paragraph (2)(B), by striking ‘individuals or’.[<-Struck out]Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d [<-Struck out](1) in subsection (a)--[<-Struck out](A) by striking ‘and the Violence Against Women Act of 2000’ and inserting ‘, the Violence Against Women Act of 2000’; and[<-Struck out](B) by inserting ‘, and the Violence Against Women Reauthorization Act of 2011’ before the period at the end;[<-Struck out](2) in subsection (b)--[<-Struck out](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[<-Struck out](B) in paragraph (2), by striking ‘and stalking’ and inserting ‘stalking, and sex trafficking’; and[<-Struck out](3) by adding at the end the following:[<-Struck out]‘(c) Annual Report- The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that--[<-Struck out]
‘(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;[<-Struck out]
‘(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[<-Struck out]
‘(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).[<-Struck out]‘(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.’.[<-Struck out]Title II ofPublic Law 90-284 25 U.S.C. 1301 [<-Struck out]‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.[<-Struck out]‘(a) Definitions- In this section:[<-Struck out]
‘(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.[<-Struck out]
‘(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 where the violence occurs.[<-Struck out]
‘(3) INDIAN COUNTRY- The term ‘Indian country’ has the meaning given the term insection 1151 of title 18, United States Code [<-Struck out]
‘(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.[<-Struck out]
‘(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) [<-Struck out]
‘(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.[<-Struck out]
‘(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 [<-Struck out]‘(b) Nature of the Criminal Jurisdiction-[<-Struck out]
‘(1) IN GENERAL- Notwithstanding any other provision of law, in addition to any power of self-government recognized and affirmed by sections 201 and 203, the power 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.[<-Struck out]
‘(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).[<-Struck out]
‘(3) APPLICABILITY- Nothing in this section--[<-Struck out]
‘(A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; or[<-Struck out]
‘(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.[<-Struck out]‘(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:[<-Struck out]
‘(1) DOMESTIC VIOLENCE AND DATING VIOLENCE- An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe.[<-Struck out]
‘(2) VIOLATIONS OF PROTECTION ORDERS- An act that--[<-Struck out]
‘(A) occurs in the Indian country of the participating tribe; and[<-Struck out]
‘(B) violates the relevant portion of a protection order that--[<-Struck out]
‘(i) was issued against the defendant;[<-Struck out]
‘(ii) is enforceable by the participating tribe; and[<-Struck out]
‘(iii) is consistent withsection 2265(b) of title 18, United States Code [<-Struck out]‘(d) Dismissal of Certain Cases-[<-Struck out]
‘(1) 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--[<-Struck out]
‘(A) the defendant files a pretrial motion to dismiss on the grounds that the alleged offense did not involve an Indian; and[<-Struck out]
‘(B) the participating tribe fails to prove that the defendant or an alleged victim is an Indian.[<-Struck out]‘(2) 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--[<-Struck out]
‘(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[<-Struck out]
‘(B) the prosecuting tribe fails to prove that the defendant or an alleged victim--[<-Struck out]
‘(i) resides in the Indian country of the participating tribe;[<-Struck out]
‘(ii) is employed in the Indian country of the participating tribe; or[<-Struck out]
‘(iii) is a spouse or intimate partner of a member of the participating tribe.[<-Struck out]‘(3) WAIVER- A knowing and voluntary failure of a defendant to file a pretrial motion described in paragraph (1) or (2) shall be considered a waiver of the right to seek a dismissal under this subsection.[<-Struck out]‘(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--[<-Struck out]
‘(1) all applicable rights under this Act;[<-Struck out]
‘(2) if a term of imprisonment of any length is imposed, all rights described in section 202(c); and[<-Struck out]
‘(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.[<-Struck out]‘(f) Petitions To Stay Detention-[<-Struck out]
‘(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.[<-Struck out]
‘(2) GRANT OF STAY- A court shall grant a stay described in paragraph (1) if the court--[<-Struck out]
‘(A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and[<-Struck out]
‘(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.[<-Struck out]‘(g) Grants to Tribal Governments- The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)--[<-Struck out]
‘(1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including to strengthen--[<-Struck out]
‘(A) law enforcement (including the capacity to enter information into and obtain information from national crime information databases);[<-Struck out]
‘(B) prosecution;[<-Struck out]
‘(C) trial and appellate courts;[<-Struck out]
‘(D) probation systems;[<-Struck out]
‘(E) detention and correctional facilities;[<-Struck out]
‘(F) alternative rehabilitation centers;[<-Struck out]
‘(G) culturally appropriate services and assistance for victims and their families; and[<-Struck out]
‘(H) criminal codes and rules of criminal procedure, appellate procedure, and evidence;[<-Struck out]‘(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;[<-Struck out]
‘(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[<-Struck out]
‘(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 [<-Struck out]‘(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.[<-Struck out]
‘(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.’.[<-Struck out]Section 2265 of title 18, United States Code ‘(e) Tribal Court Jurisdiction- 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 measures, 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.’.[<-Struck out](a) In General-Section 113 of title 18, United States Code [<-Struck out](1) in subsection (a)--[<-Struck out](A) by striking paragraph (1) and inserting the following:[<-Struck out]‘(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.’;[<-Struck out]
(B) in paragraph (2), by striking ‘felony under chapter 109A’ and inserting ‘violation of section 2241 or 2242’;[<-Struck out](C) in paragraph (3) by striking ‘and without just cause or excuse,’;[<-Struck out](D) in paragraph (4), by striking ‘six months’ and inserting ‘1 year’;[<-Struck out](E) in paragraph (7)--[<-Struck out](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[<-Struck out](ii) by striking ‘fine’ and inserting ‘a fine’; and[<-Struck out](F) by adding at the end the following:[<-Struck out]‘(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[<-Struck out]
(2) in subsection (b)--[<-Struck out](A) by striking ‘(b) As used in this subsection--’ and inserting the following:[<-Struck out]‘(b) Definitions- In this section--’;[<-Struck out]
(B) in paragraph (1)(B), by striking ‘and’ at the end;[<-Struck out](C) in paragraph (2), by striking the period at the end and inserting a semicolon; and[<-Struck out](D) by adding at the end the following:[<-Struck out]‘(3) the terms ‘dating partner’ and ‘spouse or intimate partner’ have the meanings given those terms in section 2266;[<-Struck out]
‘(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[<-Struck out]
‘(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.’.[<-Struck out](b) Indian Major Crimes-Section 1153(a) of title 18, United States Code [<-Struck out](c) Repeat Offenders-Section 2265A(b)(1)(B) of title 18, United States Code [<-Struck out](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 [<-Struck out](1) in paragraph (1)--[<-Struck out](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[<-Struck out](B) by inserting ‘and in Native villages’ (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 [<-Struck out](2) in paragraph (2)(A)--[<-Struck out](A) in clause (iv), by striking ‘and’ at the end;[<-Struck out](B) in clause (v), by striking the period at the end and inserting ‘; and’; and[<-Struck out](C) by adding at the end the following:[<-Struck out]‘(vi) sex trafficking.’;[<-Struck out](3) in paragraph (4), by striking ‘this Act’ and inserting ‘the Violence Against Women Reauthorization Act of 2011’; and[<-Struck out](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’.[<-Struck out](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 [<-Struck out](a) General Effective Date- Except as provided in subsection (b), the amendments made by this title shall take effect on the date of enactment of this Act.[<-Struck out](b) Effective Date for Special Domestic-Violence Criminal Jurisdiction-[<-Struck out](1) IN GENERAL- Except as provided in paragraph (2), subsections (b) through (e) of section 204 ofPublic Law 90-284 [<-Struck out](2) PILOT PROJECT-[<-Struck out](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 [<-Struck out](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 [<-Struck out](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 [<-Struck out][Struck out->]
TITLE X--OTHER MATTERS[<-Struck out]
(a) Sexual Abuse of a Minor or Ward-Section 2243(b) of title 18, United States Code [<-Struck out]‘(b) Of a Ward-[<-Struck out]
‘(1) OFFENSES-[<-Struck out]
‘(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--[<-Struck out]
‘(i) in official detention or supervised by, or otherwise under the control of, the United States--[<-Struck out]
‘(I) during or after arrest;[<-Struck out]
‘(II) after release pretrial;[<-Struck out]
‘(III) while on bail, probation, supervised release, or parole;[<-Struck out]
‘(IV) after release following a finding of juvenile delinquency; or[<-Struck out]
‘(V) after release pending any further judicial proceedings;[<-Struck out]‘(ii) under the professional custodial, supervisory, or disciplinary control or authority of the person engaging or attempting to engage in the sexual act; and[<-Struck out]
‘(iii) at the time of the sexual act--[<-Struck out]
‘(I) in the special maritime and territorial jurisdiction of the United States;[<-Struck out]
‘(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[<-Struck out]
‘(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.[<-Struck out]‘(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.[<-Struck out]‘(2) PENALTIES-[<-Struck out]
‘(A) IN GENERAL- A person that violates paragraph (1)(A) shall--[<-Struck out]
‘(i) be fined under this title, imprisoned for not more than 15 years, or both; and[<-Struck out]
‘(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.[<-Struck out]‘(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.’.[<-Struck out](b) Penalties for Sexual Abuse-[<-Struck out](1) IN GENERAL- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:[<-Struck out]‘Sec. 250. Penalties for sexual abuse[<-Struck out]‘(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 [<-Struck out]
‘(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.’.[<-Struck out]
(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:[<-Struck out]‘250. Penalties for sexual abuse.’.[<-Struck out](a) Suits by Prisoners- Section 7(e) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e) section 2246 of title 18, United States Code [<-Struck out](b) United States as Defendant-Section 1346(b)(2) of title 28, United States Code [<-Struck out](c) Adoption and Effect of National Standards- Section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607 [<-Struck out](1) by redesignating subsection (c) as subsection (e); and[<-Struck out](2) by inserting after subsection (b) the following:[<-Struck out]‘(c) Applicability to Detention Facilities Operated by the Department of Homeland Security-[<-Struck out]
‘(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.[<-Struck out]
‘(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.[<-Struck out]
‘(3) COMPLIANCE- The Secretary of Homeland Security shall--[<-Struck out]
‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and[<-Struck out]
‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.[<-Struck out]‘(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).[<-Struck out]‘(d) Applicability to Custodial Facilities Operated by the Department of Health and Human Services-[<-Struck out]
‘(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) [<-Struck out]
‘(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.[<-Struck out]
‘(3) COMPLIANCE- The Secretary of Health and Human Services shall--[<-Struck out]
‘(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and[<-Struck out]
‘(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.[<-Struck out]‘(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).’.[<-Struck out]This Act may be cited as the ‘Violence Against Women Reauthorization Act of 20112’.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. Enhanced 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 pCenters 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. Protections for a fiancee or fiance of a citizen.CommentsClose CommentsPermalink
Sec. 808. Regulation of international marriage brokers.CommentsClose CommentsPermalink
Sec. 809. Eligibility of crime and trafficking victims in the Commonwealth of the Northern Mariana Islands to adjust status.CommentsClose CommentsPermalink
Sec. 810. Diversity immigrant visa petition fee.CommentsClose CommentsPermalink
Sec. 811. Budgetary effects.CommentsClose CommentsPermalink
Sec. 812. Disclosure of information for national security purposes.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; Report on the Alaska Rural Justice and Law Enforcement Commission.CommentsClose CommentsPermalink
Sec. 910. Limitation.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 (
(1) by redesignating--CommentsClose CommentsPermalink
(A) paragraph (1) as paragraph (2);CommentsClose CommentsPermalink
(B) paragraph (2) as paragraph (3);CommentsClose CommentsPermalink
(C) paragraphs (3) and (4) as paragraphs (4) and (5), respectively;CommentsClose CommentsPermalink
(D) paragraphs (6) through (9) as paragraphs (8) through (11), respectively;CommentsClose CommentsPermalink
(E) paragraphs (10) through (16) as paragraphs (13) through (19), respectively;CommentsClose CommentsPermalink
(F) paragraph (18) as paragraph (20);CommentsClose CommentsPermalink
(G) paragraphs (19) and (20) as paragraphs (23) and (24), respectively;CommentsClose CommentsPermalink
(H) paragraphs (21) through (23) as paragraphs (26) through (28), respectively;CommentsClose CommentsPermalink
(I) paragraphs (24) through (33) as paragraphs (30) through (39), respectively;CommentsClose CommentsPermalink
(J) paragraphs (34) and (35) as paragraphs (43) and (44); andCommentsClose CommentsPermalink
(K) paragraph (37) as paragraph (45);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 (
et seq.).’;CommentsClose CommentsPermalink 43 U.S.C. 1601
(3) in paragraph (3), as redesignated, by striking ‘serious harm.’ and inserting ‘serious harm to an unemancipated minor.’;CommentsClose CommentsPermalink
(4) 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
(5) 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
‘(6) CULTURALLY SPECIFIC SERVICES- The term ‘culturally specific services’ means community-based services that include culturally relevant and linguistically specific services and resources to culturally specific communities.CommentsClose CommentsPermalink
‘(7) 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 (
).’;CommentsClose CommentsPermalink 42 U.S.C. 300u-6(g)
(7) in paragraph (8), as redesignated, by inserting ‘or intimate partner’ after ‘former spouse’ and ‘as a spouse’;CommentsClose CommentsPermalink
(8) by inserting after paragraph (11), as redesignated, the following:CommentsClose CommentsPermalink
‘(12) HOMELESS- The term ‘homeless’ has the meaning provided in
.’;CommentsClose CommentsPermalink 42 U.S.C. 14043e-2(6)
(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
(11) by striking paragraph (17), as in effect before the amendments made by this subsection;CommentsClose CommentsPermalink
(12) by amending paragraph (20), as redesignated, to read as follows:CommentsClose CommentsPermalink
‘(20) 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; andCommentsClose 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
(13) by inserting after paragraph (20), 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
‘(22) 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
(14) in paragraph (23), as redesignated, by striking ‘services’ and inserting ‘assistance’;CommentsClose CommentsPermalink
(15) by inserting after paragraph (24), 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 in
, 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 42 U.S.C. 14043g(b)(2)(C)
(16) 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’; andCommentsClose CommentsPermalink
(C) by inserting at the end the following:CommentsClose CommentsPermalink
‘(C) any federally recognized Indian tribe.’;CommentsClose CommentsPermalink
(17) in paragraph (27), as redesignated--CommentsClose CommentsPermalink
(A) by striking ‘52’ and inserting ‘57’; andCommentsClose CommentsPermalink
(B) by striking ‘150,000’ and inserting ‘250,000’;CommentsClose CommentsPermalink
(18) 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 by
, 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 U.S.C. 1591
(20) by striking paragraph (35), as redesignated, and inserting the following:CommentsClose CommentsPermalink
‘(35) TRIBAL COALITION- The term ‘tribal coalition’ means an established nonprofit, nongovernmental Indian organization, Alaska Native 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; andCommentsClose CommentsPermalink
‘(B) is comprised of board and general members that are representative of--CommentsClose CommentsPermalink
‘(i) the member service providers described in subparagraph (A); andCommentsClose CommentsPermalink
‘(ii) the tribal communities in which the services are being provided;’;CommentsClose CommentsPermalink
(21) by amending paragraph (39), as redesignated, to read as follows:CommentsClose CommentsPermalink
‘(39) 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
(22) by inserting after paragraph (39), 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
(23) by striking paragraph (36), as in effect before the amendments made by this subsection, and inserting the following:CommentsClose CommentsPermalink
‘(41) VICTIM SERVICES OR SERVICES- The terms ‘victim services’ and ‘services’ means 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
‘(42) 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.’; andCommentsClose CommentsPermalink
(24) by striking paragraph (43), as redesignated, and inserting the following:CommentsClose CommentsPermalink
‘(43) 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 (
(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; orCommentsClose 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; andCommentsClose 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 and specifically mandated by the State or tribe involved.’; andCommentsClose 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.’; andCommentsClose 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 (
).CommentsClose CommentsPermalink 42 U.S.C. 3796gg-6(d) ‘(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 of
; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 103-322 ; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 106-386 ; 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 Public Law 109-162 ‘(B) EXCEPTION- If sex 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 sex. In such circumstances, grantees 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 authority of the Attorney General and the Office of Justice Programs to enforce this paragraph shall be the same as it is under
.CommentsClose CommentsPermalink section 3789d of title 42, United States Code ‘(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 under 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 (
).CommentsClose CommentsPermalink 22 U.S.C. 7102 ‘(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; andCommentsClose 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
‘(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; andCommentsClose 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 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; andCommentsClose CommentsPermalink
‘(iv) includes a list of any grant recipients excluded under subparagraph (A) from the previous year.’.CommentsClose CommentsPermalink
SEC. 4. EFFECTIVE DATE.
Except as otherwise specifically provided in this Act, the provisions of titles I, II, III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until the beginning of the fiscal year following the date of enactment of this Act.CommentsClose CommentsPermalink
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMENCommentsClose CommentsPermalink
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMENCommentsClose CommentsPermalink
SEC. 101. STOP GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in section 1001(a)(18) (
(2) in section 2001(b) (
(A) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘equipment’ and inserting ‘resources’; andCommentsClose 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 (
(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’; andCommentsClose 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’; andCommentsClose CommentsPermalink
(iii) by striking ‘sexual assault and domestic violence’ and inserting ‘domestic violence, dating violence, sexual assault, and stalking’;CommentsClose CommentsPermalink
(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’; andCommentsClose 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
(iv) in the matter following subparagraph (C), by striking ‘paragraph (14)’ and inserting ‘paragraph (13)’; andCommentsClose CommentsPermalink
(v) by striking the period at the end and inserting a semicolon; andCommentsClose 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 in
; andCommentsClose CommentsPermalink section 249(c) of title 18, United States Code ‘(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
(3) in section 2007 (
(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; andCommentsClose CommentsPermalink
‘(J) other entities that the State or the Attorney General identifies as needed for the planning process;’;CommentsClose CommentsPermalink
(ii) by redesignating paragraph (3) as paragraph (4);CommentsClose CommentsPermalink
(iii) 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 (
) and the programs described in section 1404 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10407 ) and section 393A of the Public Health Service Act ( 42 U.S.C. 10603 ).’;CommentsClose CommentsPermalink 42 U.S.C. 280b-1b
(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;’; andCommentsClose CommentsPermalink
(IV) in subparagraph (D) as redesignated by subclause (II) by striking ‘for’ and inserting ‘to’; andCommentsClose CommentsPermalink
(v) 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 20 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); andCommentsClose 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’; andCommentsClose CommentsPermalink
(II) in subparagraph (D), by striking ‘linguistically and’; andCommentsClose 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 program 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 (
) shall not count toward the total costs of the projects.’; andCommentsClose CommentsPermalink 42 U.S.C. 13925(b)(1) (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); andCommentsClose 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; andCommentsClose 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 regulations issued pursuant to subsection (e)(2);CommentsClose CommentsPermalink
‘(G) goals and objectives for reducing domestic violence-related homicides within the State; andCommentsClose 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; orCommentsClose CommentsPermalink
‘(2) the State does not receive sufficient eligible applications to award the full funding within the allocations in subsection (c)(4)’;CommentsClose CommentsPermalink
(4) in section 2010 (
)--CommentsClose CommentsPermalink 42 U.S.C. 3796gg-4
(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; andCommentsClose 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; andCommentsClose CommentsPermalink
(iii) by striking paragraph (3); andCommentsClose 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 section.’; andCommentsClose CommentsPermalink
(5) in section 2011(a)(1) (
)--CommentsClose CommentsPermalink 42 U.S.C. 3796gg-5(a)(1)
(A) by inserting ‘modification, enforcement, dismissal, withdrawal’ after ‘registration,’ each place it appears;CommentsClose CommentsPermalink
(B) by inserting ‘, dating violence, sexual assault, or stalking’ after ‘felony domestic violence’; andCommentsClose 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 (
(1) in section 2101 (
(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,’; andCommentsClose 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, 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 (
).CommentsClose CommentsPermalink 8 U.S.C. 1101(a)(15) ‘(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; andCommentsClose 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’; andCommentsClose 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’; andCommentsClose 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,’; andCommentsClose CommentsPermalink
(IV) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(v) in paragraph (5)--CommentsClose CommentsPermalink
(I) in the matter preceding subparagraph (A), by striking ‘, not later than 3 years after 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)’; andCommentsClose 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
(vii) 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; andCommentsClose CommentsPermalink
(II) by striking ‘grantees are States’ and inserting the following: ‘grantees are--CommentsClose CommentsPermalink
‘(1) States’; andCommentsClose 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’; andCommentsClose 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; andCommentsClose CommentsPermalink
(ii) in paragraph (2), by striking ‘it’ and inserting ‘its’; andCommentsClose 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 (
).CommentsClose CommentsPermalink 42 U.S.C. 3796gg ‘(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.’; andCommentsClose CommentsPermalink
(2) in section 2102(a) (
(A) in paragraph (1), by inserting ‘court,’ after ‘tribal government,’; andCommentsClose 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 (
(1) by striking ‘$75,000,000’ and all that follows through ‘2011.’ and inserting ‘$73,000,000 for each of fiscal years 2012 through 2016.’; andCommentsClose 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 (
(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’; andCommentsClose 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’; andCommentsClose 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’; andCommentsClose 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 to victims of domestic violence, dating violence, sexual assault, or stalking in the targeted population; orCommentsClose CommentsPermalink
‘(B)(i) is partnered with an entity or person that has demonstrated expertise described in subparagraph (A); andCommentsClose 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;’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘stalking organization’ and inserting ‘stalking victim service provider’; andCommentsClose 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 (
‘SEC. 1301. GRANTS 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose 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; andCommentsClose 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 victim 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 (
et seq.) is repealed.CommentsClose CommentsPermalink 42 U.S.C. 14043
SEC. 105. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violence Against Women Act of 1994 (
SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Subtitle B of title II of the Crime Control Act of 1990 (
(1) in section 216 (
(2) in section 217 (
(A) by striking ‘Code of Ethics’ in section (c)(2) and inserting ‘Standards for Programs’; andCommentsClose 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.’; andCommentsClose CommentsPermalink
(3) in section 219(a) (
SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING CYBERSTALKING.
(a) Interstate Domestic Violence-
(1) by inserting ‘is present’ after ‘Indian Country or’; andCommentsClose CommentsPermalink
(2) by inserting ‘or presence’ after ‘as a result of such travel’;CommentsClose CommentsPermalink
(b) Stalking-
‘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; orCommentsClose CommentsPermalink
‘(iii) a spouse or intimate partner of that person; orCommentsClose CommentsPermalink
‘(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of subparagraph (A); orCommentsClose 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); orCommentsClose CommentsPermalink
‘(B) causes, attempts to cause, or would be reasonably expected to cause substantial emotional distress to a person described in clause (i), (ii), or (iii) of paragraph (1)(A),CommentsClose CommentsPermalink
shall be punished as provided in section 2261(b) of this title.’.CommentsClose CommentsPermalink
(c) Interstate Violation of Protection Order-
, is amended by inserting ‘is present’ after ‘Indian Country or’.CommentsClose CommentsPermalink Section 2262(a)(2) of title 18, United States Code
SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANT.
Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
‘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 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 (2) shall not apply to this grant program.CommentsClose CommentsPermalink
‘(2) PROGRAMS COVERED- The programs covered by paragraph (1) 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 (Grants 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; orCommentsClose 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 25 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; andCommentsClose 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 services;CommentsClose CommentsPermalink
‘(2) strengthening the capacity of underserved populations to provide population specific 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; orCommentsClose 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 (
) shall apply.’.CommentsClose CommentsPermalink 42 U.S.C. 13925
SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.
Section 121 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (
(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 (
) (Legal Assistance for Victims).CommentsClose CommentsPermalink 42 U.S.C. 3796gg-6 ‘(C) Section 40295 of the Violence Against Women Act of 1994 (
) (Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance).CommentsClose CommentsPermalink 42 U.S.C. 13971 ‘(D) Section 40802 of the Violence Against Women Act of 1994 (
) (Enhanced Training and Services to End Violence Against Women Later in Life).CommentsClose CommentsPermalink 42 U.S.C. 14041a ‘(E) Section 1402 of division B of the Victims of Trafficking and Violence Protection Act of 2000 (
) (Education, Training, and Enhanced Services to End Violence Against and Abuse of Women with Disabilities).’; andCommentsClose CommentsPermalink 42 U.S.C. 3796gg-7
(5) in subsection (g), by striking ‘linguistic and’.CommentsClose CommentsPermalink
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKINGCommentsClose CommentsPermalink
SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.
(a) Grants to States and Territories- Section 41601(b) of the Violence Against Women Act of 1994 (
(1) in paragraph (1), 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 inserting ‘or tribal programs and activities’ after ‘nongovernmental organizations’; andCommentsClose CommentsPermalink
(B) in subparagraph (C)(v), by striking ‘linguistically and’; andCommentsClose 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’; andCommentsClose 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 (
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 (
(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’; andCommentsClose 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’; andCommentsClose CommentsPermalink
(ii) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(C) in paragraph (3), by striking the period at the end and inserting ‘; and’; andCommentsClose 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.’; andCommentsClose 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 (
(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’; andCommentsClose 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’; andCommentsClose 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. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
(a) In General- Subtitle H of the Violence Against Women Act of 1994 (
‘Subtitle H--Enhanced Training and Services to End Abuse Later in LifeCommentsClose CommentsPermalink
‘SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
‘(a) Definitions- In this section--CommentsClose CommentsPermalink
‘(1) the term ‘exploitation’ has the meaning given the term in section 2011 of the Social Security Act (
);CommentsClose CommentsPermalink 42 U.S.C. 1397j ‘(2) the term ‘later life’, relating to an individual, means the individual is 50 years of age or older; andCommentsClose CommentsPermalink
‘(3) 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 abuse 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 abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; andCommentsClose 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 abuse 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 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 abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; orCommentsClose CommentsPermalink
‘(ii) conduct outreach activities and awareness campaigns to ensure that victims of abuse 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; orCommentsClose CommentsPermalink
‘(vi) a State, tribal, or territorial domestic violence or sexual assault coalition; andCommentsClose 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; andCommentsClose 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 services to culturally specific and underserved populations.CommentsClose CommentsPermalink
‘(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section