S.Amdt. 2094Senate112th Congress (2011-2013)2nd degree

To provide Debbie Smith grants for auditing sexual assault evidence backlogs.

Submitted April 26, 2012

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Senate amendment submitted

April 26, 2012

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Senate amendment submitted

April 26, 2012

Floor

Roll call votes on amendments in Senate: Amendment SA 2094, under the order of 4/26/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 84.

April 26, 2012

Floor

Senate amendment not agreed to: Amendment SA 2094, under the order of 4/26/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 84.

April 26, 2012

Floor

Senate amendment proposed (on the floor): Amendment SA 2094 proposed by Senator Klobuchar to Amendment SA 2093.(consideration: CR S2795-2796; text: CR S2795-2796)

April 26, 2012

Floor

Amendment SA 2094 proposed by Senator Klobuchar to Amendment SA 2093. (consideration: CR S2795-2796; text: CR S2795-2796) To provide Debbie Smith grants for auditing sexual assault evidence backlogs.

April 26, 2012

Floor

Amendment SA 2094, under the order of 4/26/2012, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 57 - 41. Record Vote Number: 84.

April 26, 2012

Text

Submitted

SA 2094. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 2093 proposed by Mr. Reid (for Mr. Leahy) to the bill
S. 1925, to reauthorize the Violence Against Women Act of 1994; as
follows:

At the appropriate place, insert the following:

SEC. __. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT
EVIDENCE BACKLOGS.

Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.
``(7) To ensure that the collection and processing of DNA
evidence from crimes, including sexual assault and other
serious violent crimes, is carried out in an appropriate and
timely manner.
``(8) To ensure effective communication among emergency
response providers, law enforcement personnel, prosecutors,
courts, defense counsel, crime laboratory personnel, and
crime victims regarding the status of crime scene evidence to
be tested.'';
(2) in subsection (c)(3)(B)--
(A) by striking ``2014'' and inserting ``2017''; and
(B) by striking ``40'' and inserting ``70'';
(3) by striking subsection (j) and inserting the following:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General for
grants under this section $151,000,000 for each of fiscal
years 2013 through 2017.''; and
(4) by adding at the end the following:
``(n) Use of Funds for Auditing Sexual Assault Evidence
Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State
or unit of local government--
``(A) submits a plan for performing the audit of samples
described in such subsection; and
``(B) includes in such plan a good-faith estimate of the
number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6) shall, not later than 1 year after
receiving such grant, complete the audit described in
paragraph (1)(A) in accordance with the plan submitted under
such paragraph.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph (2)(A)
to a State or unit of local government that demonstrates that
more time is required for compliance with such paragraph.
``(4) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting testing' means,
with respect to a sample of sexual assault evidence, that--
``(i) the sample has been collected and is in the
possession of a State or unit of local government;
``(ii) DNA and other appropriate forensic analyses have not
been performed on such sample; and
``(iii) the sample is related to a criminal case or
investigation in which final disposition has not yet been
reached.
``(B) Possession.--
``(i) In general.--The term `possession', used with respect
to possession of a sample of sexual assault evidence by a
State or unit of local government, includes possession by an
individual who is acting as an agent of the State or unit of
local government for the collection of the sample.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to create or amend any Federal rights or
privileges for non-governmental vendor laboratories described
in regulations promulgated under section 210303 of the DNA
Identification Act of 1994 (42 U.S.C. 14131).
``(o) Development of Protocols and Practices.--
``(1) Protocols and practices.--Not later than 18 months
after the date of enactment of the Violence Against Women
Reauthorization Act of 2011 the Director of the National
Institute of Justice, in consultation with Federal, State,
and local government laboratories and law enforcement
agencies, shall develop and publish a description of
protocols and practices the Director considers appropriate
for the accurate, timely, and effective collection and
processing of DNA evidence, including protocols and practices
specific to sexual assault cases, which shall address
appropriate steps in the investigation of cases that might
involve DNA evidence.
``(2) Technical assistance and training.--The Director
shall make available technical assistance and training to
support States and units of local government in adopting and
implementing the protocols and practices developed under
paragraph (1) on and after the date on which the protocols
and practices are published.
``(3) Definition of backlog for dna case work.--The
Director shall develop and publish a definition of the term
`backlog for

[[Page S2865]]

DNA case work' for purposes of this section--
``(A) taking into consideration the different stages at
which a backlog may develop, including the investigation and
prosecution of a crime by law enforcement personnel,
prosecutors, and others, and the laboratory analysis of crime
scene samples; and
``(B) which may include different criteria or thresholds
for the different stages.''.
SA 2095. Mrs. HUTCHISON (for herself, Mr. Grassley, Mr. McConnell,
Mr. Cornyn, Mr. Kyl, Mr. Alexander, Mr. Moran, Mr. Corker, and Mr.
Johanns) proposed an amendment to amendment SA 2093 proposed by Mr.
Reid (for Mr. Leahy) to the bill S. 1925, to reauthorize the Violence
Against Women Act of 1994; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Violence Against Women
Reauthorization Act of 2012''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant conditions.

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

Sec. 101. Stop grants.
Sec. 102. Grants to encourage accountability policies and enforcement
of protection orders.
Sec. 103. Legal assistance for victims.
Sec. 104. Consolidation of grants to support families in the justice
system.
Sec. 105. Sex offender management.
Sec. 106. Court-appointed special advocate program.
Sec. 107. Criminal provision relating to stalking, including
cyberstalking.
Sec. 108. Outreach and services to underserved populations grant.
Sec. 109. Culturally specific services grant.
Sec. 110. Reauthorization of child abuse training programs for judicial
personnel and practitioners.
Sec. 111. Offset of restitution and other State judicial debts against
income tax refund.

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

Sec. 201. Sexual assault services program.
Sec. 202. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement assistance.
Sec. 203. Training and services to end violence against women with
disabilities grants.
Sec. 204. Grant for training and services to end violence against women
in later life.

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

Sec. 301. Rape prevention education grant.
Sec. 302. Creating hope through outreach, options, services, and
education for children and youth.
Sec. 303. Grants to combat violent crimes on campuses.
Sec. 304. Campus sexual violence, domestic violence, dating violence,
and stalking education and prevention.

TITLE IV--VIOLENCE REDUCTION PRACTICES

Sec. 401. Study conducted by the centers for disease control and
prevention.
Sec. 402. Saving money and reducing tragedies through prevention
grants.

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

Sec. 501. Consolidation of grants to strengthen the healthcare system's
response to domestic violence, dating violence, sexual
assault, and stalking.

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

Sec. 601. Housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, and
stalking.
Sec. 603. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and stalking.

TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

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

TITLE VIII--IMMIGRATION PROVISIONS

Sec. 801. Application of special rule for battered spouse or child.
Sec. 802. Clarification of the requirements applicable to U visas.
Sec. 803. Protections for a fiancee or fiance of a citizen.
Sec. 804. Regulation of international marriage brokers.
Sec. 805. GAO report.
Sec. 806. Disclosure of information for national security purposes.

TITLE IX--SAFETY FOR INDIAN WOMEN

Sec. 901. Grants to Indian tribal governments.
Sec. 902. Grants to Indian tribal coalitions.
Sec. 903. Consultation.
Sec. 904. Amendments to the Federal assault statute.
Sec. 905. Analysis and research on violence against Indian women.
Sec. 906. Effective date.
Sec. 907. Tribal protection orders.
Sec. 908. Alaska Rural Justice and Law Enforcement Commission.

TITLE X--VIOLENT CRIME AGAINST WOMEN

Sec. 1001. Criminal provisions relating to sexual abuse.
Sec. 1002. Sexual abuse in custodial settings.
Sec. 1003. Report on compliance with the DNA Fingerprint Act of 2005.
Sec. 1004. Reducing the rape kit backlog.
Sec. 1005. Report on capacity utilization.
Sec. 1006. Mandatory minimum sentence for aggravated sexual abuse.
Sec. 1007. Removal of drunk drivers.
Sec. 1008. Enhanced penalties for interstate domestic violence
resulting in death, life-threatening bodily injury,
permanent disfigurement, and serious bodily injury.
Sec. 1009. Finding Fugitive Sex Offenders Act.
Sec. 1010. Minimum penalties for the possession of child pornography.
Sec. 1011. Audit of Office for Victims of Crime.

TITLE XI--THE SAFER ACT

Sec. 1101. Short title.
Sec. 1102. Debbie Smith grants for auditing sexual assault evidence
backlogs.
Sec. 1103. Sexual Assault Forensic Evidence Registry.
Sec. 1104. Reports to Congress.

SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.

(a) Definitions.--Subsection (a) of section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is
amended--
(1) by redesignating--
(A) paragraph (1) as paragraph (2);
(B) paragraph (2) as paragraph (4);
(C) paragraphs (3) through (5) as paragraphs (5) through
(7), respectively;
(D) paragraphs (6) through (9) as paragraphs (8) through
(11), respectively;
(E) paragraphs (10) through (16) as paragraphs (14) through
(20), respectively;
(F) paragraph (18) as paragraph (23);
(G) paragraphs (19) and (20) as paragraphs (25) and (26),
respectively;
(H) paragraphs (21) and (22) as paragraphs (28) and (29),
respectively;
(I) paragraphs (23) through (33) as paragraphs (31) through
(41), respectively;
(J) paragraphs (34) and (35) as paragraphs (43) and (44);
and
(K) paragraph (37) as paragraph (47);
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) Alaska native village.--The term `Alaska Native
village' has the same meaning given such term in the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).'';
(3) by inserting after paragraph (2), as redesignated, the
following:
``(2) Child.--The term `child' means a person who is under
11 years of age.'';
(4) in paragraph (4), as redesignated, by striking
``serious harm.'' and inserting ``serious harm to
unemancipated minor.'';
(5) in paragraph (5), as redesignated, by striking ``The
term'' through ``that--'' and inserting ``The term
`community-based organization' means a nonprofit,
nongovernmental, or tribal organization that serves a
specific geographic community that--'';
(6) by inserting after paragraph (7), as redesignated, the
following:
``(8) Culturally specific services.--The term `culturally
specific services' means community-based services that offer
culturally relevant and linguistically specific services and
resources to culturally specific communities.
``(9) Culturally specific.--The term `culturally specific'
means primarily directed toward racial and ethnic minority
groups (as defined in section 1707(g) of the Public Health
Service Act (42 U.S.C. 300 u 6(g)).'';
(7) in paragraph (10), as redesignated, by inserting ``or
intimate partner'' after ``former spouse'' and ``as a
spouse'';
(8) by inserting after paragraph (13), as redesignated, the
following:
``(14) Homeless.--The term `homeless' has the meaning
provided in 42 U.S.C. 14043e 2(6).'';
(9) in paragraph (18), as redesignated, by inserting ``or
Village Public Safety Officers'' after ``government victim
service programs'';
(10) in paragraph (21), as redesignated, by inserting at
the end the following:
``Intake or referral, by itself, does not constitute legal
assistance.'';
(11) by striking paragraph (17), as in effect before the
amendments made by this subsection;
(12) by amending paragraph (22), as redesignated, to read
as follows:

[[Page S2866]]

``(22) Personally identifying information or personal
information.--The term `personally identifying information'
or `personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
regardless of whether the information is encoded, encrypted,
hashed, or otherwise protected, including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-mail or
Internet protocol address, or telephone or facsimile number);
``(D) a social security number, driver license number,
passport number, or student identification number; and
``(E) any other information, including date of birth,
racial or ethnic background, or religious affiliation, that
would serve to identify any individual.'';
(13) by inserting after paragraph (22), as redesignated,
the following:
``(23) Population specific organization.--The term
`population specific organization' means a nonprofit,
nongovernmental organization that primarily serves members of
a specific underserved population and has demonstrated
experience and expertise providing targeted services to
members of that specific underserved population.
``(24) Population specific services.--The term `population
specific services' means victim-centered services that
address the safety, health, economic, legal, housing,
workplace, immigration, confidentiality, or other needs of
victims of domestic violence, dating violence, sexual
assault, or stalking, and that are designed primarily for and
are targeted to a specific underserved population.'';
(14) in paragraph (25), as redesignated, by striking
``services'' and inserting ``assistance'';
(15) in paragraph (26), as redesignated, by striking ``52''
and inserting ``57'';
(16) by inserting after paragraph (26), as redesignated,
the following:
``(27) Rape crisis center.--The term `rape crisis center'
means a nonprofit, nongovernmental, or tribal organization,
or governmental entity in a State other than a Territory that
provides intervention and related assistance, as specified in
42 U.S.C. 14043g(b)(2)(C), to victims of sexual assault
without regard to their age. In the case of a governmental
entity, the entity may not be part of the criminal justice
system (such as a law enforcement agency) and must be able to
offer a comparable level of confidentiality as a nonprofit
entity that provides similar victim services.'';
(17) in paragraph (28), as redesignated--
(A) in subparagraph (A), by striking ``or'' after the
semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by inserting at the end the following:
``(C) any federally recognized Indian tribe.'';
(18) in paragraph (29), as redesignated, by striking
``150,000'' and inserting ``250,000'';
(19) by inserting after paragraph (29), as redesignated,
the following:
``(30) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by 18 U.S.C. 1591, whether or not the
conduct occurs in interstate or foreign commerce or within
the special maritime and territorial jurisdiction of the
United States.'';
(20) by striking paragraph (31), as redesignated, and
inserting the following:
``(31) Sexual assault.--The term `sexual assault' means any
nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to
consent.'';
(21) by amending paragraph (41), as redesignated, to read
as follows:
``(41) Underserved populations.--The term `underserved
populations' means populations who face barriers in accessing
and using victim services, and includes populations
underserved because of geographic location, underserved
racial and ethnic populations, populations underserved
because of special needs (such as language barriers,
disabilities, alienage status, or age), and any other
population determined to be underserved by the Attorney
General or by the Secretary of Health and Human Services, as
appropriate.'';
(22) by inserting after paragraph (41), as redesignated,
the following:
``(42) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State.'';
(23) by striking paragraph (36), as in effect before the
amendments made by this subsection, and inserting the
following:
``(45) Victim services or services.--The terms `victim
services' and `services' mean services provided to victims of
domestic violence, dating violence, sexual assault, or
stalking, including telephonic or web-based hotlines, legal
advocacy, economic advocacy, emergency and transitional
shelter, accompaniment and advocacy through medical, civil or
criminal justice, immigration, and social support systems,
crisis intervention, short-term individual and group support
services, information and referrals, culturally specific
services, population specific services, and other related
supportive services.
``(46) Victim service provider.--The term `victim service
provider' means a nonprofit, nongovernmental or tribal
organization or rape crisis center, including a State or
tribal coalition, that assists domestic violence, dating
violence, sexual assault, or stalking victims, including
domestic violence shelters, faith-based organizations, and
other organizations, with a documented history of effective
work concerning domestic violence, dating violence, sexual
assault, or stalking.''; and
(24) by striking paragraph (47), as redesignated, and
inserting the following:
``(47) Youth.--The term `youth' means a person who is 11 to
20 years old.''.
(b) Grants Conditions.--Subsection (b) of section 40002 of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(b))
is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking clauses (i) and (ii)
and inserting the following:
``(i) disclose, reveal, or release any personally
identifying information or individual information collected
in connection with services requested, utilized, or denied
through grantees' and subgrantees' programs, regardless of
whether the information has been encoded, encrypted, hashed,
or otherwise protected; or
``(ii) disclose, reveal, or release individual client
information without the informed, written, reasonably time-
limited consent of the person (or in the case of an
unemancipated minor, the minor and the parent or guardian or
in the case of legal incapacity, a court-appointed guardian)
about whom information is sought, whether for this program or
any other Federal, State, tribal, or territorial grant
program, except that consent for release may not be given by
the abuser of the minor, incapacitated person, or the abuser
of the other parent of the minor.
If a minor or a person with a legally appointed guardian is
permitted by law to receive services without the parent's or
guardian's consent, the minor or person with a guardian may
release information without additional consent.'';
(B) by amending subparagraph (D), to read as follows:
``(D) Information sharing.--
``(i) Grantees and subgrantees may share--

``(I) nonpersonally identifying data in the aggregate
regarding services to their clients and nonpersonally
identifying demographic information in order to comply with
Federal, State, tribal, or territorial reporting, evaluation,
or data collection requirements;
``(II) court-generated information and law enforcement-
generated information contained in secure, governmental
registries for protection order enforcement purposes; and
``(III) law enforcement-generated and prosecution-generated
information necessary for law enforcement, intelligence,
national security, or prosecution purposes.

``(ii) In no circumstances may--

``(I) an adult, youth, or child victim of domestic
violence, dating violence, sexual assault, or stalking be
required to provide a consent to release his or her
personally identifying information as a condition of
eligibility for the services provided by the grantee or
subgrantee;
``(II) any personally identifying information be shared in
order to comply with Federal, tribal, or State reporting,
evaluation, or data collection requirements, whether for this
program or any other Federal, tribal, or State grant
program.'';

(C) by redesignating subparagraph (E) as subparagraph (F);
(D) by inserting after subparagraph (D) the following:
``(E) Statutorily mandated reports of abuse or neglect.--
Nothing in this section prohibits a grantee or subgrantee
from reporting suspected abuse or neglect, as those terms are
defined by law, where specifically mandated by the State or
tribe involved.''; and
(E) by inserting after subparagraph (F), as redesignated,
the following:
``(G) Confidentiality assessment and assurances.--Grantees
and subgrantees must document their compliance with the
confidentiality and privacy provisions required under this
section.'';
(2) by striking paragraph (3) and inserting the following:
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate
with, or provide information to Federal, State, local,
tribal, and territorial public officials and agencies to
develop and implement policies and develop and promote State,
local, or tribal legislation or model codes designed to
reduce or eliminate domestic violence, dating violence,
sexual assault, and stalking.'';
(3) in paragraph (7), by inserting at the end the
following:
``Final reports of such evaluations shall be made available
to the public via the agency's website.''; and
(4) by inserting after paragraph (11) the following:
``(12) Delivery of legal assistance.--Any grantee or
subgrantee providing legal assistance with funds awarded
under this title shall comply with the eligibility
requirements in section 1201(d) of the Violence Against Women
Act of 2000 (42 U.S.C. 3796gg 6(d)).
``(13) Civil rights.--
``(A) Nondiscrimination.--No person in the United States
shall on the basis of actual or perceived race, color,
religion, national origin, sex, or disability be excluded
from participation in, be denied the benefits of, or be

[[Page S2867]]

subjected to discrimination under any program or activity
funded in whole or in part with funds made available under
the Violence Against Women Act of 1994 (title IV of Public
Law 103 322; 108 Stat. 1902), the Violence Against Women Act
of 2000 (division B of Public Law 106 386; 114 Stat. 1491),
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (title IX of Public Law 109 162;
119 Stat. 3080), the Violence Against Women Reauthorization
Act of 2011, and any other program or activity funded in
whole or in part with funds appropriated for grants,
cooperative agreements, and other assistance administered by
the Office on Violence Against Women.
``(B) Exception.--If gender segregation or gender-specific
programming is necessary to the essential operation of a
program, nothing in this paragraph shall prevent any such
program or activity from consideration of an individual's
gender. In such circumstances, alternative reasonable
accommodations are sufficient to meet the requirements of
this paragraph.
``(C) Discrimination.--The provisions of paragraphs (2)
through (4) of section 809(c) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3789d(c)) apply to
violations of subparagraph (A).
``(D) Construction.--Nothing contained in this paragraph
shall be construed, interpreted, or applied to supplant,
displace, preempt, or otherwise diminish the responsibilities
and liabilities under other State or Federal civil rights
law, whether statutory or common.
``(14) Clarification of victim services and legal
assistance.--Victim services and legal assistance provided
under this title may include services and assistance to
victims of domestic violence, dating violence, sexual
assault, or stalking who are also victims of severe forms of
trafficking in persons as defined by section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
``(15) Accountability.--All grants awarded by the Attorney
General that are authorized under this Act shall be subject
to the following accountability provisions:
``(A) Audit requirement.--Beginning in fiscal year 2013 ,
and in each fiscal year thereafter, the Inspector General of
the Department of Justice shall conduct an audit of not fewer
than 10 percent of all recipients of grants under this Act to
prevent waste, fraud, and abuse of funds by grantees.
``(B) Mandatory exclusion.--A recipient of grant funds
under this Act that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this Act during the 2 fiscal years beginning after the 12-
month period described in subparagraph (E).
``(C) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that, during the 3 fiscal years before submitting an
application for a grant under this Act, did not have an
unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
``(D) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under subparagraph
(B), the Attorney General shall--
``(i) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(E) Unresolved audit finding defined.--In this paragraph,
the term `unresolved audit finding' means an audit report
finding, statement, or recommendation that the grantee has
utilized grant funds for an unauthorized expenditure or
otherwise unallowable cost that is not closed or resolved
within a 12-month period beginning on the date of an initial
notification of the finding or recommendation.
``(F) Nonprofit organization requirements.--
``(i) Definition.--For purposes of this section and the
grant programs described in this Act, the term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(ii) Prohibition.--The Attorney General shall not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(iii) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees, and key employees,
shall disclose to the Attorney General, in the application
for the grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
``(G) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5
percent of the amounts authorized to be appropriated under
this Act may be used by the Attorney General for salaries and
administrative expenses of the Department of Justice.
``(H) Conference expenditures.--
``(i) Limitation.--No amounts authorized to be appropriated
to the Department of Justice, or Department of Health and
Human Services under this Act may be used by the Attorney
General, the Secretary of Health and Human Services, or by
any individual or organization awarded funds under this Act,
to host or support any expenditure for conferences, unless in
the case of the Department of Justice, the Deputy Attorney
General or the appropriate Assistant Attorney General, or in
the case of the Department of Health and Human Services the
Deputy Secretary, provides prior written authorization that
the funds may be expended to host a conference.
``(ii) Written approval.--Written approval under clause (i)
may not be delegated and shall include a written estimate of
all costs associated with the conference, including the cost
of all food and beverages, audio/visual equipment, honoraria
for speakers, and any entertainment.
``(iii) Report.--The Deputy Attorney General and Deputy
Secretary shall submit an annual report to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all conference
expenditures approved and denied.
``(I) Prohibition on lobbying activity.--
``(i) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any grant recipient
to--

``(I) lobby any representative of the Department of Justice
regarding the award of grant funding; or
``(II) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding.

``(ii) Penalty.--If the Attorney General determines that
any recipient of a grant under this Act has violated clause
(i), the Attorney General shall--

``(I) require the grant recipient to repay the grant in
full; and
``(II) prohibit the grant recipient from receiving another
grant under this Act for not less than 5 years.

``(J) Annual certification.--Beginning in the first fiscal
year beginning after the date of the enactment of this Act,
the Assistant Attorney General for the Office of Justice
Programs, the Director of the Office on Violence Against
Women, and the Deputy Secretary for Health and Human Services
shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee
on the Judiciary and the Committee on Appropriations of the
House of Representatives an annual certification that--
``(i) all audits issued by the Office of the Inspector
General under subparagraph (A) have been completed and
reviewed by the Assistant Attorney General for the Office of
Justice Programs;
``(ii) all mandatory exclusions required under subparagraph
(B) have been issued;
``(iii) all reimbursements required under subparagraph (D)
have been made; and
``(iv) includes a list of any grant recipients excluded
under subparagraph (B) from the previous year.''.

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

SEC. 101. STOP GRANTS.

Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) in section 1001(a)(18) (42 U.S.C. 3793(a)(18)), by
striking ``$225,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$222,000,000 for each of fiscal years
2012 through 2016'';
(2) in section 2001 (42 U.S.C. 3796gg), by striking
``against women'' each place that term appears and inserting
``against victims'';
(3) in section 2001(b) (42 U.S.C. 3796gg(b)), as amended by
paragraph (2)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``equipment'' and inserting ``resources'';
and
(ii) by inserting ``for the protection and safety of
victims,'' before ``and specifically,'';
(B) in paragraph (1), by striking ``sexual assault'' and
all that follows through ``dating violence'' and inserting
``domestic violence, dating violence, sexual assault, and
stalking'';
(C) in paragraph (2), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking'';
(D) in paragraph (3), by striking ``sexual assault and
domestic violence'' and inserting ``domestic violence, dating
violence, sexual assault, and stalking, as well as the
appropriate treatment of victims'';
(E) in paragraph (4)--
(i) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking''; and
(ii) by inserting ``, classifying,'' after ``identifying'';
(F) in paragraph (5)--
(i) by inserting ``and legal assistance'' after ``victim
services'';
(ii) by striking ``domestic violence and dating violence''
and inserting ``domestic violence, dating violence, and
stalking'';

[[Page S2868]]

(iii) by striking ``sexual assault and domestic violence''
and inserting ``domestic violence, dating violence, sexual
assault, and stalking''; and
(iv) by striking ``including crimes'' and all that follows
and inserting ``including crimes of domestic violence, dating
violence, sexual assault, and stalking;'';
(G) by striking paragraph (6) and redesignating paragraphs
(7) through (14) as paragraphs (6) through (13),
respectively;
(H) in paragraph (6), as redesignated by subparagraph (G),
by striking ``sexual assault and domestic violence'' and
inserting ``domestic violence, dating violence, sexual
assault, and stalking'';
(I) in paragraph (7), as redesignated by subparagraph (G),
by striking ``and dating violence'' and inserting ``dating
violence, and stalking'';
(J) in paragraph (9), as redesignated by subparagraph (G),
by striking ``domestic violence or sexual assault'' and
inserting ``domestic violence, dating violence, sexual
assault, or stalking'';
(K) in paragraph (12), as redesignated by subparagraph
(G)--
(i) in subparagraph (A), by striking ``triage protocols to
ensure that dangerous or potentially lethal cases are
identified and prioritized'' and inserting ``the use of
evidence-based indicators to assess the risk of domestic and
dating violence homicide and prioritize dangerous or
potentially lethal cases''; and
(ii) by striking ``and'' at the end;
(L) in paragraph (13), as redesignated by subparagraph
(G)--
(i) by striking ``to provide'' and inserting ``providing'';
(ii) by striking ``nonprofit nongovernmental'';
(iii) by striking the comma after ``local governments'';
and
(iv) by striking the period at the end and inserting a
semicolon;
(M) by inserting after paragraph (13), as redesignated by
subparagraph (G), the following:
``(14) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to domestic violence, dating violence, sexual
assault, and stalking;
``(15) developing, implementing, or enhancing Sexual
Assault Response Teams, or other similar coordinated
community responses to sexual assault;
``(16) developing and strengthening policies, protocols,
best practices, and training for law enforcement agencies and
prosecutors relating to the investigation and prosecution of
sexual assault cases and the appropriate treatment of
victims;
``(17) developing, enlarging, or strengthening programs
addressing sexual assault against men, women, and youth in
correctional and detention settings;
``(18) identifying and conducting inventories of backlogs
of sexual assault evidence collection kits and developing
protocols and policies for responding to and addressing such
backlogs, including protocols and policies for notifying and
involving victims; and
``(19) developing, enhancing, or strengthening prevention
and educational programming to address domestic violence,
dating violence, sexual assault, or stalking, with not more
than 5 percent of the amount allocated to a State to be used
for this purpose.''; and
(N) in the flush text at the end, by striking ``paragraph
(14)'' and inserting ``paragraph (13)'';
(4) in section 2007 (42 U.S.C. 3796gg 1)--
(A) in subsection (a), by striking ``nonprofit
nongovernmental victim service programs'' and inserting
``victim service providers'';
(B) in subsection (b)(6), by striking ``(not including
populations of Indian tribes)'';
(C) in subsection (c)--
(i) by striking paragraph (2) and inserting the following:
``(2) grantees and subgrantees shall develop a plan for
implementation and may consult and coordinate with--
``(A) the State sexual assault coalition;
``(B) the State domestic violence coalition;
``(C) the law enforcement entities within the State;
``(D) prosecution offices;
``(E) State and local courts;
``(F) Tribal governments in those States with State or
federally recognized Indian tribes;
``(G) representatives from underserved populations;
``(H) victim service providers;
``(I) population specific organizations; and
``(J) other entities that the State or the Attorney General
identifies as needed for the planning process;'';
(ii) by striking paragraph (4);
(iii) by redesignating paragraph (3) as paragraph (4);
(iv) by inserting after paragraph (2), as amended by clause
(i), the following:
``(3) grantees shall coordinate the State implementation
plan described in paragraph (2) with the State plans
described in section 307 of the Family Violence Prevention
and Services Act (42 U.S.C. 10407) and the plans described in
the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
and section 393A of the Public Health Service Act (42 U.S.C.
280b 1b).'';
(v) in paragraph (4), as redesignated by clause (ii)--

(I) in subparagraph (A), by striking ``and not less than 25
percent shall be allocated for prosecutors'';
(II) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(III) by inserting after subparagraph (A), the following:

``(B) not less than 25 percent shall be allocated for
prosecutors;'';

(IV) in subparagraph (C), as redesignated by subclause
(II), by striking ``culturally specific community based'' and
inserting ``population specific''; and
(V) in subparagraph (D) as redesignated by subclause (II)
by striking ``for'' and inserting ``to''; and

(vi) by adding at the end the following:
``(5) not later than 2 years after the date of enactment of
this Act, and every year thereafter, not less than 30 percent
of the total amount granted to a State under this part shall
be allocated for programs or projects that meaningfully
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.'';
(D) by striking subsection (d) and inserting the following:
``(d) Application Requirements.--An application for a grant
under this section shall include--
``(1) the certifications of qualification required under
subsection (c);
``(2) proof of compliance with the requirements for the
payment of forensic medical exams and judicial notification,
described in section 2010;
``(3) proof of compliance with the requirements for paying
fees and costs relating to domestic violence and protection
order cases, described in section 2011 of this title;
``(4) proof of compliance with the requirements prohibiting
polygraph examinations of victims of sexual assault,
described in section 2013 of this title;
``(5) an implementation plan required under subsection (i);
and
``(6) any other documentation that the Attorney General may
require.'';
(E) in subsection (e)--
(i) in paragraph (2)--

(I) in subparagraph (A), by striking ``domestic violence
and sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, and stalking''; and
(II) in subparagraph (D), by striking ``linguistically and
culturally'' and inserting ``population''; and

(ii) by adding at the end the following:
``(3) Conditions.--In disbursing grants under this part,
the Attorney General may impose reasonable conditions on
grant awards to ensure that the States meet statutory,
regulatory, and other programs requirements.'';
(F) in subsection (f), by striking the period at the end
and inserting ``, except that, for purposes of this
subsection, the costs of the projects for victim services or
tribes for which there is an exemption under section
40002(b)(1) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(b)(1)) shall not count toward the total costs of
the projects.''; and
(G) by adding at the end the following:
``(i) Implementation Plans.--A State applying for a grant
under this part shall--
``(1) develop an implementation plan in consultation with
the entities listed in subsection (c)(2), that identifies how
the State will use the funds awarded under this part; and
``(2) submit to the Attorney General--
``(A) the implementation plan developed under paragraph
(1);
``(B) documentation from each member of the planning
committee as to their participation in the planning process;
``(C) documentation from the prosecution, law enforcement,
court, and victim services programs to be assisted,
describing--
``(i) the need for the grant funds;
``(ii) the intended use of the grant funds;
``(iii) the expected result of the grant funds; and
``(iv) the demographic characteristics of the populations
to be served, including age, disability, race, ethnicity, and
language background;
``(D) a description of how the State will ensure that any
subgrantees will consult with victim service providers during
the course of developing their grant applications in order to
ensure that the proposed activities are designed to promote
the safety, confidentiality, and economic independence of
victims;
``(E) demographic data on the distribution of underserved
populations within the State and a description of how the
State will meet the needs of underserved populations,
including the minimum allocation for population specific
services required under subsection (c)(4)(C);
``(F) a description of how the State plans to meet the
requirements of subsection (c)(5);
``(G) goals and objectives for reducing domestic violence-
related homicides within the State; and
``(H) any other information requested by the Attorney
General.'';
(5) in section 2010 (42 U.S.C. 3796gg 4)--
(A) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this part unless the State, Indian tribal government, unit of
local government, or another governmental entity--
``(A) incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of
sexual assault; and

[[Page S2869]]

``(B) coordinates with health care providers in the region
to notify victims of sexual assault of the availability of
rape exams at no cost to the victims.'';
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``or'' after the
semicolon;
(ii) in paragraph (2), by striking ``; or'' and inserting a
period; and
(iii) by striking paragraph (3);
(C) in subsection (c), by striking ``, except that such
funds'' and all that follows and inserting a period; and
(D) by amended subsection (d) to read as follows:
``(d) Noncooperation.--
``(1) In general.--To be in compliance with this section, a
State, Indian tribal government, or unit of local government
shall comply with subsection (b) without regard to whether
the victim participates in the criminal justice system or
cooperates with law enforcement.
``(2) Compliance period.--States, territories, and Indian
tribal governments shall have 3 years from the date of
enactment of this Act to come into compliance with this
subsection.''; and
(6) in section 2011(a)(1) (42 U.S.C. 3796gg 5(a)(1))--
(A) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears; and
(B) by striking ``domestic violence'' and all that follows
through ``sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, or stalking''.

SEC. 102. GRANTS TO ENCOURAGE ACCOUNTABILITY POLICIES AND
ENFORCEMENT OF PROTECTION ORDERS.

(a) In General.--Part U of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et
seq.) is amended--
(1) in section 2101 (42 U.S.C. 3796hh)--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``States,'' and all that follows through ``units of local
government'' and inserting ``grantees'';
(ii) in paragraph (1), by inserting ``and enforcement of
protection orders across State and tribal lines but not
policies that mandate the arrest of an individual by law
enforcement in responding to an incident of domestic violence
in the absence of probable cause'' before the period;
(iii) in paragraph (2), by striking ``and training in
police departments to improve tracking of cases'' and
inserting ``data collection systems, and training in police
departments to improve tracking of cases and classification
of complaints'';
(iv) in paragraph (4), by inserting ``and provide the
appropriate training and education about domestic violence,
dating violence, sexual assault, and stalking'' after
``computer tracking systems'';
(v) in paragraph (5), by inserting ``and other victim
services'' after ``legal advocacy service programs'';
(vi) in paragraph (6), by striking ``judges'' and inserting
``Federal, State, tribal, territorial, and local judges,
courts, and court-based and court-related personnel'';
(vii) in paragraph (8), by striking ``and sexual assault''
and inserting ``dating violence, sexual assault, and
stalking'';
(viii) in paragraph (10), by striking ``non-profit, non-
governmental victim services organizations,'' and inserting
``victim service providers, population specific
organizations,''; and
(ix) by adding at the end the following:
``(14) To develop and implement training programs for
prosecutors and other prosecution-related personnel regarding
best practices to ensure offender accountability, victim
safety, and victim consultation in cases involving domestic
violence, dating violence, sexual assault, and stalking.
``(15) To develop or strengthen policies, protocols, and
training for law enforcement officers, prosecutors, and the
judiciary in recognizing, investigating, and prosecuting
instances of domestic violence, dating violence, sexual
assault, and stalking.
``(16) To develop and promote State, local, or tribal
legislation and policies that enhance best practices for
responding to the crimes of domestic violence, dating
violence, sexual assault, and stalking, including the
appropriate treatment of victims.
``(17) To develop, implement, or enhance sexual assault
nurse examiner programs or sexual assault forensic examiner
programs, including the hiring and training of such
examiners.
``(18) To develop, implement, or enhance Sexual Assault
Response Teams or similar coordinated community responses to
sexual assault.
``(19) To develop and strengthen policies, protocols, and
training for law enforcement officers and prosecutors
regarding the investigation and prosecution of sexual assault
cases and the appropriate treatment of victims.
``(20) To provide human immunodeficiency virus testing
programs, counseling, and prophylaxis for victims of sexual
assault.
``(21) To identify and inventory backlogs of sexual assault
evidence collection kits and to develop protocols for
responding to and addressing such backlogs, including
policies and protocols for notifying and involving victims.
``(22) To develop multidisciplinary high-risk teams
focusing on reducing domestic violence and dating violence
homicides by--
``(A) using evidence-based indicators to assess the risk of
homicide and link high-risk victims to immediate crisis
intervention services;
``(B) identifying and managing high-risk offenders; and
``(C) providing ongoing victim advocacy and referrals to
comprehensive services including legal, housing, health care,
and economic assistance.'';
(B) in subsection (c)--
(i) in paragraph (1)--

(I) in the matter preceding subparagraph (A), by inserting
``except for a court,'' before ``certify''; and
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin accordingly;

(ii) in paragraph (2), by inserting ``except for a court,''
before ``demonstrate'';
(iii) in paragraph (4)--

(I) by inserting ``modification, enforcement, dismissal,''
after ``registration,'' each place it appears;
(II) by inserting ``dating violence,'' after ``domestic
violence,''; and
(III) by striking ``and'' at the end;

(iv) in paragraph (5)--

(I) in the matter preceding subparagraph (A), by striking
``, not later than 3 years after the date of enactment of
this section,'';
(II) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), and adjusting the margin accordingly;
(III) in clause (ii), as redesignated by subclause (III) of
this clause, by striking ``subparagraph (A)'' and inserting
``clause (i)''; and
(IV) by striking the period at the end and inserting ``;
and'';

(v) by redesignating paragraphs (1) through (5), as amended
by this subparagraph, as subparagraphs (A) through (E),
respectively;
(vi) in the matter preceding subparagraph (A), as
redesignated by clause (v) of this subparagraph--

(I) by striking the comma that immediately follows another
comma; and
(II) by striking ``grantees are States'' and inserting the
following: ``grantees are--

``(1) States''; and
(vii) by adding at the end the following:
``(2) a State, tribal, or territorial domestic violence or
sexual assault coalition or a victim service provider that
partners with a State, Indian tribal government, or unit of
local government that certifies that the State, Indian tribal
government, or unit of local government meets the
requirements under paragraph (1).'';
(C) in subsection (d)--
(i) in paragraph (1)--

(I) in the matter preceding subparagraph (A), by inserting
``, policy,'' after ``law''; and
(II) in subparagraph (A), by inserting ``and the defendant
is in custody or has been served with the information or
indictment'' before the semicolon; and

(ii) in paragraph (2), by striking ``it'' and inserting
``its''; and
(D) by adding at the end the following:
``(f) Allocation for Sexual Assault.--Of the amounts
appropriated for purposes of this part for each fiscal year,
not less than 30 percent shall be available for projects that
address sexual assault, including stranger rape, acquaintance
rape, alcohol or drug-facilitated rape, and rape within the
context of an intimate partner relationship.''; and
(2) in section 2102(a) (42 U.S.C. 3796hh 1(a))--
(A) in paragraph (1), by inserting ``court,'' after
``tribal government,''; and
(B) in paragraph (4), by striking ``nonprofit, private
sexual assault and domestic violence programs'' and inserting
``victim service providers and, as appropriate, population
specific organizations''.
(b) Authorization of Appropriations.--Section 1001(a)(19)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(19)) is amended--
(1) by striking ``$75,000,000'' and all that follows
through ``2011.'' and inserting ``$73,000,000 for each of
fiscal years 2012 through 2016.''; and
(2) by striking the period that immediately follows another
period.

SEC. 103. LEGAL ASSISTANCE FOR VICTIMS.

Section 1201 of the Violence Against Women Act of 2000 (42
U.S.C. 3796gg 6) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``arising as a
consequence of'' and inserting ``relating to or arising out
of''; and
(B) in the second sentence, by inserting ``or arising out
of'' after ``relating to'';
(2) in subsection (b)--
(A) in the heading, by inserting ``and Grant Conditions''
after ``Definitions''; and
(B) by inserting ``and grant conditions'' after
``definitions'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``victims services
organizations'' and inserting ``victim service providers'';
and
(B) by striking paragraph (3) and inserting the following:
``(3) to implement, expand, and establish efforts and
projects to provide competent, supervised pro bono legal
assistance for victims of domestic violence, dating violence,
sexual assault, or stalking, except that not more than 10
percent of the funds awarded under this section may be used
for the purpose described in this paragraph.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``this section has
completed'' and all that follows and inserting the following:
``this section--''
``(A) has demonstrated expertise in providing legal
assistance or advocacy to victims of domestic violence,
dating violence,

[[Page S2870]]

sexual assault, or stalking in the targeted population; or
``(B)(i) is partnered with an entity or person that has
demonstrated expertise described in subparagraph (A); and
``(ii) has completed, or will complete, training in
connection with domestic violence, dating violence, stalking,
or sexual assault and related legal issues, including
training on evidence-based risk factors for domestic and
dating violence homicide;''; and
(B) in paragraph (2), by striking ``stalking organization''
and inserting ``stalking victim service provider''; and
(5) in subsection (f)(1), by striking ``this section'' and
all that follows and inserting the following: ``this section
$57,000,000 for each of fiscal years 2012 through 2016.''.

SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMILIES IN THE
JUSTICE SYSTEM.

(a) In General.--Title III of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106 386; 114 Stat. 1509) is amended by striking the section
preceding section 1302 (42 U.S.C. 10420), as amended by
section 306 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109 162; 119
Stat. 316), and inserting the following:

``SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION
IMPROVEMENTS.

``(a) In General.--The Attorney General may make grants to
States, units of local government, courts (including juvenile
courts), Indian tribal governments, nonprofit organizations,
legal services providers, and victim services providers to
improve the response of all aspects of the civil and criminal
justice system to families with a history of domestic
violence, dating violence, sexual assault, or stalking, or in
cases involving allegations of child sexual abuse.
``(b) Use of Funds.--A grant under this section may be used
to--
``(1) provide supervised visitation and safe visitation
exchange of children and youth by and between parents in
situations involving domestic violence, dating violence,
child sexual abuse, sexual assault, or stalking;
``(2) develop and promote State, local, and tribal
legislation, policies, and best practices for improving civil
and criminal court functions, responses, practices, and
procedures in cases involving a history of domestic violence
or sexual assault, or in cases involving allegations of child
sexual abuse, including cases in which the victim proceeds
pro se;
``(3) educate court-based and court-related personnel
(including custody evaluators and guardians ad litem) and
child protective services workers on the dynamics of domestic
violence, dating violence, sexual assault, and stalking,
including information on perpetrator behavior, evidence-based
risk factors for domestic and dating violence homicide, and
on issues relating to the needs of victims, including safety,
security, privacy, and confidentiality, including cases in
which the victim proceeds pro se;
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault (including child sexual abuse), and stalking
and ensure necessary services dealing with the health and
mental health of victims are available;
``(5) enable courts or court-based or court-related
programs to develop or enhance--
``(A) court infrastructure (such as specialized courts,
consolidated courts, dockets, intake centers, or interpreter
services);
``(B) community-based initiatives within the court system
(such as court watch programs, victim assistants, pro se
victim assistance programs, or community-based supplementary
services);
``(C) offender management, monitoring, and accountability
programs;
``(D) safe and confidential information-storage and
information-sharing databases within and between court
systems;
``(E) education and outreach programs to improve community
access, including enhanced access for underserved
populations; and
``(F) other projects likely to improve court responses to
domestic violence, dating violence, sexual assault, and
stalking;
``(6) collect data and provide training and technical
assistance, including developing State, local, and tribal
model codes and policies, to improve the capacity of grantees
and communities to address the civil justice needs of victims
of domestic violence, dating violence, sexual assault, and
stalking who have legal representation, who are proceeding
pro se, or are proceeding with the assistance of a legal
advocate; and
``(7) to improve training and education to assist judges,
judicial personnel, attorneys, child welfare personnel, and
legal advocates in the civil justice system.
``(c) Considerations.--
``(1) In general.--In making grants for purposes described
in paragraphs (1) through (6) of subsection (b), the Attorney
General shall consider--
``(A) the number of families to be served by the proposed
programs and services;
``(B) the extent to which the proposed programs and
services serve underserved populations;
``(C) the extent to which the applicant demonstrates
cooperation and collaboration with nonprofit, nongovernmental
entities in the local community with demonstrated histories
of effective work on domestic violence, dating violence,
sexual assault, or stalking, including State or tribal
domestic violence coalitions, State or tribal sexual assault
coalitions, local shelters, and programs for domestic
violence and sexual assault victims; and
``(D) the extent to which the applicant demonstrates
coordination and collaboration with State, tribal, and local
court systems, including mechanisms for communication and
referral.
``(2) Other grants.--In making grants under subsection
(b)(8) the Attorney General shall take into account the
extent to which the grantee has expertise addressing the
judicial system's handling of family violence, child custody,
child abuse and neglect, adoption, foster care, supervised
visitation, divorce, and parentage.
``(d) Applicant Requirements.--The Attorney General may
make a grant under this section to an applicant that--
``(1) demonstrates expertise in the areas of domestic
violence, dating violence, sexual assault, stalking, or child
sexual abuse, as appropriate;
``(2) ensures that any fees charged to individuals for use
of supervised visitation programs and services are based on
the income of those individuals, unless otherwise provided by
court order;
``(3) demonstrates that adequate security measures,
including adequate facilities, procedures, and personnel
capable of preventing violence, and adequate standards are,
or will be, in place (including the development of protocols
or policies to ensure that confidential information is not
shared with courts, law enforcement agencies, or child
welfare agencies unless necessary to ensure the safety of any
child or adult using the services of a program funded under
this section), if the applicant proposes to operate
supervised visitation programs and services or safe
visitation exchange;
``(4) certifies that the organizational policies of the
applicant do not require mediation or counseling involving
offenders and victims being physically present in the same
place, in cases where domestic violence, dating violence,
sexual assault, or stalking is alleged;
``(5) certifies that any person providing legal assistance
through a program funded under this section has completed or
will complete training on domestic violence, dating violence,
sexual assault, and stalking, including child sexual abuse,
and related legal issues; and
``(6) certifies that any person providing custody
evaluation or guardian ad litem services through a program
funded under this section has completed or will complete
training developed with input from and in collaboration with
a tribal, State, territorial, or local domestic violence,
dating violence, sexual assault, or stalking organization or
coalition on the dynamics of domestic violence and sexual
assault, including child sexual abuse, that includes training
on how to review evidence of past abuse and the use of
evidenced-based theories to make recommendations on custody
and visitation.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $22,000,000 for
each of fiscal years 2012 through 2016. Amounts appropriated
pursuant to this subsection shall remain available until
expended.
``(f) Allotment for Indian Tribes.--
``(1) In general.--Not less than 10 percent of the total
amount available under this section for each fiscal year
shall be available for grants under the program authorized by
section 3796gg 10 of this title.
``(2) Applicability of part.--The requirements of this
section shall not apply to funds allocated for the program
described in paragraph (1).''.
(b) Technical and Conforming Amendment.--Subtitle J of the
Violence Against Women Act of 1994 (42 U.S.C. 14043 et seq.)
is repealed.

SEC. 105. SEX OFFENDER MANAGEMENT.

Section 40152(c) of the Violence Against Women Act of 1994
(42 U.S.C. 13941) is amended by striking ``$5,000,000'' and
all that follows and inserting ``$5,000,000 for each of
fiscal years 2012 through 2016.''.

SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.

Subtitle B of title II of the Crime Control Act of 1990 (42
U.S.C. 13011 et seq.) is amended--
(1) in section 216 (42 U.S.C. 13012), by striking ``January
1, 2010'' and inserting ``January 1, 2015'';
(2) in section 217 (42 U.S.C. 13013)--
(A) by striking ``Code of Ethics'' in section (c)(2) and
inserting ``Standards for Programs''; and
(B) by adding at the end the following:
``(e) Reporting.--An organization that receives a grant
under this section for a fiscal year shall submit to the
Administrator a report regarding the use of the grant for the
fiscal year, including a discussion of outcome performance
measures (which shall be established by the Administrator) to
determine the effectiveness of the programs of the
organization in meeting the needs of children in the child
welfare system.''; and
(3) in section 219(a) (42 U.S.C. 13014(a)), by striking
``fiscal years 2007 through 2011'' and inserting ``fiscal
years 2012 through 2016''.

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

Section 2261A of title 18, United States Code, is amended
to read as follows:

``Sec.  2261A. Stalking

``Whoever--

[[Page S2871]]

``(1) travels in interstate or foreign commerce or is
present within the special maritime and territorial
jurisdiction of the United States, or enters or leaves Indian
country, with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, and in the course of,
or as a result of, such travel or presence engages in conduct
that--
``(A) places that person in reasonable fear of the death
of, or serious bodily injury to--
``(i) that person;
``(ii) an immediate family member (as defined in section
115) of that person; or
``(iii) a spouse or intimate partner of that person; or
``(B) causes, attempts to cause, or would be reasonably
expected to cause substantial emotional distress to a person
described in clause (i), (ii), or (iii) of subparagraph (A);
or
``(2) with the intent to kill, injure, harass, intimidate,
or place under surveillance with intent to kill, injure,
harass, or intimidate another person, uses the mail, any
interactive computer service or electronic communication
service or electronic communication system of interstate
commerce, or any other facility of interstate or foreign
commerce to engage in a course of conduct that--
``(A) places that person in reasonable fear of the death of
or serious bodily injury to a person described in clause (i),
(ii), or (iii) of paragraph (1)(A); or
``(B) causes, attempts to cause, or would be reasonably
expected to cause substantial emotional distress to a person
described in clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in section 2261(b) of this
title.''.

SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS
GRANT.

Section 120 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045) is
amended to read as follows:

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

``(a) Grants Authorized.--
``(1) In general.--Of the amounts appropriated under the
grant programs identified in paragraph (2), the Attorney
General shall take 2 percent of such appropriated amounts and
combine them to award grants to eligible entities described
in subsection (b) of this section to develop and implement
outreach strategies targeted at adult, or youth, victims of
domestic violence, dating violence, sexual assault, or
stalking in underserved populations and to provide victim
services to meet the needs of adult and youth victims of
domestic violence, dating violence, sexual assault, and
stalking in underserved populations. The requirements of the
grant programs identified in paragraph (3) shall not apply to
this grant program.
``(2) Programs covered.--The programs covered by paragraph
(2) are the programs carried out under the following
provisions:
``(A) Section 2001 of the Omnibus Crime Control and Safe
Streets Act of 1968 (STOP Grants).
``(B) Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (Grants to Encourage Accountability
Policies).
``(b) Eligible Entities.--Eligible entities under this
section are--
``(1) population specific organizations that have
demonstrated experience and expertise in providing population
specific services in the relevant underserved communities or
population specific organizations working in partnership with
a victim service provider or domestic violence or sexual
assault coalition;
``(2) victim service providers offering population specific
services for a specific underserved population; or
``(3) victim service providers working in partnership with
a national, State, or local organization that has
demonstrated experience and expertise in providing population
specific services in the relevant underserved population.
``(c) Planning Grants.--The Attorney General may use up to
20 percent of funds available under this section to make one-
time planning grants to eligible entities to support the
planning and development of specially designed and targeted
programs for adult and youth victims in one or more
underserved populations, including--
``(1) identifying, building and strengthening partnerships
with potential collaborators within underserved populations,
Federal, State, tribal, territorial or local government
entities, and public and private organizations;
``(2) conducting a needs assessment of the community and
the targeted underserved population or populations to
determine what the barriers are to service access and what
factors contribute to those barriers, using input from the
targeted underserved population or populations;
``(3) identifying promising prevention, outreach and
intervention strategies for victims from a targeted
underserved population or populations; and
``(4) developing a plan, with the input of the targeted
underserved population or populations, for implementing
prevention, outreach and intervention strategies to address
the barriers to accessing services, promoting community
engagement in the prevention of domestic violence, dating
violence, sexual assault, and stalking within the targeted
underserved populations, and evaluating the program.
``(d) Implementation Grants.--The Attorney General shall
make grants to eligible entities for the purpose of providing
or enhancing population specific outreach and services to
adult and youth victims in one or more underserved
populations, including--
``(1) working with Federal, State, tribal, territorial and
local governments, agencies, and organizations to develop or
enhance population specific victim services;
``(2) strengthening the capacity of underserved populations
to provide population specific victim services;
``(3) strengthening the capacity of traditional victim
service providers to provide population specific services;
``(4) strengthening the effectiveness of criminal and civil
justice interventions by providing training for law
enforcement, prosecutors, judges and other court personnel on
domestic violence, dating violence, sexual assault, or
stalking in underserved populations; or
``(5) working in cooperation with an underserved population
to develop and implement outreach, education, prevention, and
intervention strategies that highlight available resources
and the specific issues faced by victims of domestic
violence, dating violence, sexual assault, or stalking from
underserved populations.
``(e) Application.--An eligible entity desiring a grant
under this section shall submit an application to the
Director of the Office on Violence Against Women at such
time, in such form, and in such manner as the Director may
prescribe.
``(f) Reports.--Each eligible entity receiving a grant
under this section shall submit to the Director of the Office
on Violence Against Women a report that describes the
activities carried out with grant funds.
``(g) Authorization of Appropriations.--In addition to the
funds identified in subsection (a)(1), there are authorized
to be appropriated to carry out this section $2,000,000 for
each of fiscal years 2012 through 2016.
``(h) Definitions and Grant Conditions.--In this section
the definitions and grant conditions in section 40002 of the
Violence Against Women Act of 1994 (42 U.S.C. 13925) shall
apply.''.

SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT.

Section 121 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045a) is
amended--
(1) in the section heading, by striking ``and
linguistically'';
(2) by striking ``and linguistically'' each place it
appears;
(3) by striking ``and linguistic'' each place it appears;
(4) by striking subsection (a)(2) and inserting:
``(2) Programs covered.--The programs covered by paragraph
(1) are the programs carried out under the following
provisions:
``(A) Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (Grants to Encourage Accountability
Policies and Enforcement of Protection Orders).
``(B) Section 1401 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg 6) (Legal Assistance for Victims).
``(C) Section 40295 of the Violence Against Women Act of
1994 (42 U.S.C. 13971) (Rural Domestic Violence, Dating
Violence, Sexual Assault, Stalking, and Child Abuse
Enforcement Assistance).
``(D) Section 40802a of the Violence Against Women Act of
1994 (42 U.S.C. 14041a) (Enhanced Training and Services to
End Violence Against Women Later in Life).
``(E) Section 1402 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg 7) (Education, Training, and Enhanced Services to End
Violence Against and Abuse of Women with Disabilities).'';
and
(5) in subsection (g), by striking ``linguistic and''.

SEC. 110. REAUTHORIZATION OF CHILD ABUSE TRAINING PROGRAMS
FOR JUDICIAL PERSONNEL AND PRACTITIONERS.

Section 224(a) of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13024(a)) is amended by striking ``$2,300,000''
and all that follows and inserting ``$2,300,000 for each of
fiscal years 2012 through 2016.''.

SEC. 111. OFFSET OF RESTITUTION AND OTHER STATE JUDICIAL
DEBTS AGAINST INCOME TAX REFUND.

(a) In General.--Section 6402 of the Internal Revenue Code
of 1986 (relating to authority to make credits or refunds) is
amended--
(1) by redesignating subsections (g) through (l) as
subsections (h) through (m), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Collection of Past-Due, Legally Enforceable
Restitution and Other State Judicial Debts.--
``(1) In general.--In any State which wishes to collect
past-due, legally enforceable State judicial debts, the chief
justice of the State's highest court shall designate a single
State entity to communicate judicial debt information to the
Secretary. In making such designation, the chief justice of
the State's highest court shall select, whenever practicable,
a relevant State official or agency responsible under State
law for collecting the State's income tax or other statewide
excise at the time of the designation. Upon receiving notice
from a State designated entity that a named person owes a
past-due, legally enforceable State judicial debt to or in
such State, the Secretary shall, under such conditions as may
be prescribed by the Secretary--

[[Page S2872]]

``(A) reduce the amount of any overpayment payable to such
person by the amount of such State judicial debt;
``(B) pay the amount by which such overpayment is reduced
under subparagraph (A) to such State designated entity and
notify such State designated entity of such person's name,
taxpayer identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment that the
overpayment has been reduced by an amount necessary to
satisfy a past-due, legally enforceable State judicial debt.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant to--
``(i) subsection (a) with respect to any liability for any
internal revenue tax on the part of the person who made the
overpayment;
``(ii) subsection (c) with respect to past-due support;
``(iii) subsection (d) with respect to any past-due,
legally enforceable debt owed to a Federal agency; and
``(iv) subsection (e) with respect to any past-due, legally
enforceable State income tax obligations; and
``(B) before such overpayment is credited to the future
liability for any Federal internal revenue tax of such person
pursuant to subsection (b).
If the Secretary receives notice from 1 or more State
designated entities of more than 1 debt subject to paragraph
(1) that is owed by such person to such State agency or State
judicial branch, any overpayment by such person shall be
applied against such debts in the order in which such debts
accrued.
``(3) Notice; consideration of evidence.--Rules similar to
the rules of subsection (e)(4) shall apply with respect to
debts under this subsection.
``(4) Past-due, legally enforceable state judicial debt.--
``(A) In general.--For purposes of this subsection, the
term `past-due, legally enforceable State judicial debt'
means a debt--
``(i) which resulted from a judgment or sentence rendered
by any court or tribunal of competent jurisdiction which--

``(I) handles criminal or traffic cases in the State; and
``(II) has determined an amount of State judicial debt to
be due; and

``(ii) which resulted from a State judicial debt which has
been assessed and is past-due but not collected.
``(B) State judicial debt.--For purposes of this paragraph,
the term `State judicial debt' includes court costs, fees,
fines, assessments, restitution to victims of crime, and
other monies resulting from a judgment or sentence rendered
by any court or tribunal of competent jurisdiction handling
criminal or traffic cases in the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which State designated
entities must submit notices of past-due, legally enforceable
State judicial debts and the necessary information that must
be contained in or accompany such notices. The regulations
shall specify the types of State judicial monies and the
minimum amount of debt to which the reduction procedure
established by paragraph (1) may be applied. The regulations
shall require State designated entities to pay a fee to
reimburse the Secretary for the cost of applying such
procedure. Any fee paid to the Secretary pursuant to the
preceding sentence shall be used to reimburse appropriations
which bore all or part of the cost of applying such
procedure.
``(6) Erroneous payment to state.--Any State designated
entity receiving notice from the Secretary that an erroneous
payment has been made to such State designated entity under
paragraph (1) shall pay promptly to the Secretary, in
accordance with such regulations as the Secretary may
prescribe, an amount equal to the amount of such erroneous
payment (without regard to whether any other amounts payable
to such State designated entity under such paragraph have
been paid to such State designated entity).''.
(b) Disclosure of Return Information.--Section 6103(l)(10)
of the Internal Revenue Code of 1986 (relating to disclosure
of certain information to agencies requesting a reduction
under subsection (c), (d), (e), or (f) of section 6402) is
amended by striking ``or (f)'' each place it appears in the
text and heading and inserting ``(f), or (g)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (f)'' and inserting ``(f), and
(g),''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``subsections (e) and (f)'' and inserting
``subsections (e), (f), and (g)''.
(3) Paragraph (3)(B) of section 6402(e) of such Code is
amended to read as follows:
``(B) before such overpayment is--
``(i) reduced pursuant to subsection (g) with respect to
past-due, legally enforceable State judicial debts, and
``(ii) credited to the future liability for any Federal
internal revenue tax of such person pursuant to subsection
(b).''.
(4) Section 6402(h) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(5) Section 6402(j) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(d) Effective Date.--The amendments made by this section
shall apply to refunds payable for taxable years beginning
after December 31, 2011.

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

SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM.

(a) Grants to States and Territories.--Section 41601(b) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043g(b))
is amended--
(1) in paragraph (1)--
(A) by striking ``governmental and non-governmental''; and
(B) by striking ``other programs'' and all that follows and
inserting ``other nongovernmental or tribal programs and
projects to assist individuals who have been victimized by
sexual assault, without regard to the age of the
individual.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``nonprofit,
nongovernmental organizations for programs and activities''
and inserting ``nongovernmental or tribal programs and
activities''; and
(B) in subparagraph (C)(v), by striking ``linguistically
and''.
(b) Authorization of Appropriations.--Section 41601(f)(1)
of the Violence Against Women Act of 1994 (42 U.S.C.
14043g(f)(1)) is amended by striking ``$50,000,000 to remain
available until expended for each of the fiscal years 2007
through 2011'' and inserting ``$40,000,000 to remain
available until expended for each of fiscal years 2012
through 2016''.

SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.

Section 40295 of the Violence Against Women Act of 1994 (42
U.S.C. 13971) is amended--
(1) in subsection (a)(1)(H), by inserting ``, including
sexual assault forensic examiners'' before the semicolon;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``victim advocacy groups'' and inserting
``victim service providers''; and
(ii) by inserting ``, including developing
multidisciplinary teams focusing on high risk cases with the
goal of preventing domestic and dating violence homicides''
before the semicolon;
(B) in paragraph (2)--
(i) by striking ``and other long- and short-term
assistance'' and inserting ``legal assistance, and other
long-term and short-term victim and population specific
services''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) developing, enlarging, or strengthening programs
addressing sexual assault, including sexual assault forensic
examiner programs, Sexual Assault Response Teams, law
enforcement training, and programs addressing rape kit
backlogs.''; and
(3) in subsection (e)(1), by striking ``$55,000,000 for
each of the fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2012 through 2016''.

SEC. 203. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN
WITH DISABILITIES GRANTS.

Section 1402 of division B of the Victims of Trafficking
and Violence Protection Act of 2000 (42 U.S.C. 3796gg 7) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including using
evidence-based indicators to assess the risk of domestic and
dating violence homicide)'' after ``risk reduction'';
(B) in paragraph (4), by striking ``victim service
organizations'' and inserting ``victim service providers'';
and
(C) in paragraph (5), by striking ``victim services
organizations'' and inserting ``victim service providers'';
(2) in subsection (c)(1)(D), by striking ``nonprofit and
nongovernmental victim services organization, such as a
State'' and inserting ``victim service provider, such as a
State or tribal''; and
(3) in subsection (e), by striking ``$10,000,000 for each
of the fiscal years 2007 through 2011'' and inserting
``$9,000,000 for each of fiscal years 2012 through 2016''.

SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.

Section 40802 of the Violence Against Women Act of 1994 (42
U.S.C. 14041a) is amended to read as follows:

``SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE
AGAINST WOMEN IN LATER LIFE.

``(a) Definitions.--In this section--
``(1) the term `eligible entity' means an entity that--
``(A) is--
``(i) a State;
``(ii) a unit of local government;
``(iii) a tribal government or tribal organization;
``(iv) a population specific organization with demonstrated
experience in assisting individuals in later life;
``(v) a victim service provider; or
``(vi) a State, tribal, or territorial domestic violence or
sexual assault coalition; and
``(B) is partnered with--

[[Page S2873]]

``(i) a law enforcement agency;
``(ii) an office of a prosecutor;
``(iii) a victim service provider; or
``(iv) a nonprofit program or government agency with
demonstrated experience in assisting individuals in later
life;
``(2) the term `exploitation' means domestic violence,
dating violence, sexual assault, or stalking;
``(3) the term `later life', relating to an individual,
means the individual is 60 years of age or older; and
``(4) the term `neglect' means the failure of a caregiver
or fiduciary to provide the goods or services that are
necessary to maintain the health or safety of an individual
in later life.
``(b) Grant Program.--
``(1) Grants authorized.--The Attorney General may make
grants to eligible entities to carry out the activities
described in paragraph (2).
``(2) Mandatory and permissible activities.--
``(A) Mandatory activities.--An eligible entity receiving a
grant under this section shall use the funds received under
the grant to--
``(i) provide training programs to assist law enforcement
agencies, prosecutors, agencies of States or units of local
government, population specific organizations, victim service
providers, victim advocates, and relevant officers in
Federal, tribal, State, territorial, and local courts in
recognizing and addressing instances of elder abuse;
``(ii) provide or enhance services for victims of elder
abuse;
``(iii) establish or support multidisciplinary
collaborative community responses to victims of elder abuse;
and
``(iv) conduct cross-training for law enforcement agencies,
prosecutors, agencies of States or units of local government,
attorneys, health care providers, population specific
organizations, faith-based advocates, victim service
providers, and courts to better serve victims of elder abuse.
``(B) Permissible activities.--An eligible entity receiving
a grant under this section may use not more than 10 percent
of the funds received under the grant to--
``(i) provide training programs to assist attorneys, health
care providers, faith-based leaders, or other community-based
organizations in recognizing and addressing instances of
elder abuse; or
``(ii) conduct outreach activities and awareness campaigns
to ensure that victims of elder abuse receive appropriate
assistance.
``(3) Underserved populations.--In making grants under this
section, the Attorney General shall give priority to
proposals providing culturally specific or population
specific services.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $9,000,000 for
each of fiscal years 2012 through 2016.''.

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

SEC. 301. RAPE PREVENTION EDUCATION GRANT.

Section 393A of the Public Health Service Act (42 U.S.C.
280b 1b) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
territorial or tribal'' after ``crisis centers, State''; and
(B) in paragraph (6), by inserting ``and alcohol'' after
``about drugs''; and
(2) in subsection (c)(1), by striking ``$80,000,000 for
each of fiscal years 2007 through 2011'' and inserting
``$50,000,000 for each of fiscal years 2012 through 2016''.

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

(a) In General.--Subtitle L of the Violence Against Women
Act of 1994 is amended by striking sections 41201 through
41204 (42 U.S.C. 14043c through 14043c 3) and inserting the
following:

``SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS,
SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH
(`CHOOSE CHILDREN & YOUTH').

``(a) Grants Authorized.--The Attorney General, working in
collaboration with the Secretary of Health and Human Services
and the Secretary of Education, shall award grants to enhance
the safety of youth and children who are victims of, or
exposed to, domestic violence, dating violence, sexual
assault, or stalking and prevent future violence.
``(b) Program Purposes.--Funds provided under this section
may be used for the following program purpose areas:
``(1) Services to advocate for and respond to youth.--To
develop, expand, and strengthen victim-centered interventions
and services that target youth who are victims of domestic
violence, dating violence, sexual assault, and stalking.
Services may include victim services, counseling, advocacy,
mentoring, educational support, transportation, legal
assistance in civil, criminal and administrative matters,
such as family law cases, housing cases, child welfare
proceedings, campus administrative proceedings, and civil
protection order proceedings, services to address the co-
occurrence of sex trafficking, population-specific services,
and other activities that support youth in finding safety,
stability, and justice and in addressing the emotional,
cognitive, and physical effects of trauma. Funds may be used
to--
``(A) assess and analyze currently available services for
youth victims of domestic violence, dating violence, sexual
assault, and stalking, determining relevant barriers to such
services in a particular locality, and developing a community
protocol to address such problems collaboratively;
``(B) develop and implement policies, practices, and
procedures to effectively respond to domestic violence,
dating violence, sexual assault, or stalking against youth;
or
``(C) provide technical assistance and training to enhance
the ability of school personnel, victim service providers,
child protective service workers, staff of law enforcement
agencies, prosecutors, court personnel, individuals who work
in after school programs, medical personnel, social workers,
mental health personnel, and workers in other programs that
serve children and youth to improve their ability to
appropriately respond to the needs of children and youth who
are victims of domestic violence, dating violence, sexual
assault, stalking, as well as runaway and homeless youth, and
to properly refer such children, youth, and their families to
appropriate services.
``(2) Supporting youth through education and protection.--
To enable middle schools, high schools, and institutions of
higher education to--
``(A) provide training to school personnel, including
healthcare providers and security personnel, on the needs of
students who are victims of domestic violence, dating
violence, sexual assault, or stalking;
``(B) develop and implement prevention and intervention
policies in middle and high schools, including appropriate
responses to, and identification and referral procedures for,
students who are experiencing or perpetrating domestic
violence, dating violence, sexual assault, or stalking, and
procedures for handling the requirements of court protective
orders issued to or against students;
``(C) provide support services for student victims of
domestic violence, dating violence, sexual assault or
stalking, such as a resource person who is either on-site or
on-call;
``(D) provide scientifically valid educational programming
for students regarding domestic violence, dating violence,
sexual assault, and stalking that is produced by accredited
entities; or
``(E) develop strategies to increase identification,
support, referrals, and prevention programming for youth who
are at high risk of domestic violence, dating violence,
sexual assault, or stalking.
``(c) Eligible Applicants.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity shall be--
``(A) a victim service provider, tribal nonprofit, or
population-specific or community-based organization with a
demonstrated history of effective work addressing the needs
of youth, including runaway or homeless youth, who are
victims of domestic violence, dating violence, sexual
assault, or stalking; or
``(B) a victim service provider that is partnered with an
entity that has a demonstrated history of effective work
addressing the needs of youth.
``(2) Partnerships.--
``(A) Education.--To be eligible to receive a grant for the
purposes described in subsection (b)(2), an entity described
in paragraph (1) shall be partnered with a public, charter,
tribal, or nationally accredited private middle or high
school, a school administered by the Department of Defense
under section 2164 of title 10, United States Code or section
1402 of the Defense Dependents' Education Act of 1978, a
group of schools, a school district, or an institution of
higher education.
``(B) Other partnerships.--All applicants under this
section are encouraged to work in partnership with
organizations and agencies that work with the relevant
population. Such entities may include--
``(i) a State, tribe, unit of local government, or
territory;
``(ii) a population specific or community-based
organization;
``(iii) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders; or
``(iv) any other agencies or nonprofit, nongovernmental
organizations with the capacity to provide effective
assistance to the adult, youth, and child victims served by
the partnership.
``(d) Grantee Requirements.--Applicants for grants under
this section shall establish and implement policies,
practices, and procedures that--
``(1) require and include appropriate referral systems for
child and youth victims;
``(2) protect the confidentiality and privacy of child and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers
all with priority on victim safety and autonomy; and
``(3) ensure that all individuals providing intervention or
prevention programming to children or youth through a program
funded under this section have completed, or will complete,
sufficient training in connection with domestic violence,
dating violence, sexual assault, and stalking.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.

[[Page S2874]]

``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2012 through 2016.
``(g) Allotment.--
``(1) In general.--Not less than 50 percent of the total
amount appropriated under this section for each fiscal year
shall be used for the purposes described in subsection
(b)(1).
``(2) Indian tribes.--Not less than 10 percent of the total
amount appropriated under this section for each fiscal year
shall be made available for grants under the program
authorized by section 2015 of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(h) Priority.--The Attorney General shall prioritize
grant applications under this section that coordinate with
prevention programs in the community.''.
(b) VAWA Grant Requirements.--Section 40002(b) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is
amended by adding at the end the following:
``(12) Requirement for scientifically valid programs.--All
grant funds made available by this Act shall be used to
provide scientifically valid educational programming,
training, public awareness communications regarding domestic
violence, dating violence, sexual assault, and stalking that
is produced by accredited entities, as appropriate.''.

SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.

Section 304 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``stalking on campuses, and'' and inserting
``stalking on campuses,'';
(ii) by striking ``crimes against women on'' and inserting
``crimes on''; and
(iii) by inserting ``, and to develop and strengthen
prevention education and awareness programs'' before the
period; and
(B) in paragraph (2), by striking ``$500,000'' and
inserting ``$300,000'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``, strengthen,'' after ``To develop'';
and
(ii) by inserting ``including the use of technology to
commit these crimes,'' after ``sexual assault and
stalking,'';
(B) in paragraph (4)--
(i) by inserting ``and population specific services'' after
``strengthen victim services programs'';
(ii) by striking ``entities carrying out'' and all that
follows through ``stalking victim services programs'' and
inserting ``victim service providers''; and
(iii) by inserting ``, regardless of whether the services
are provided by the institution or in coordination with
community victim service providers'' before the period at the
end; and
(C) by adding at the end the following:
``(9) To provide scientifically valid educational
programming for students regarding domestic violence, dating
violence, sexual assault, and stalking that is produced by
accredited entities.
``(10) To develop or adapt population specific strategies
and projects for victims of domestic violence, dating
violence, sexual assault, and stalking from underserved
populations on campus.'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``any non-profit'' and
all that follows through ``victim services programs'' and
inserting ``victim service providers'';
(ii) by redesignating subparagraphs (D) through (F) as
subparagraphs (E) through (G), respectively; and
(iii) by inserting after subparagraph (C), the following:
``(D) describe how underserved populations in the campus
community will be adequately served, including the provision
of relevant population specific services;''; and
(B) in paragraph (3), by striking ``2007 through 2011'' and
inserting ``2012 through 2016'';
(4) in subsection (d)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2), the following:
``(3) Grantee minimum requirements.--Each grantee shall
comply with the following minimum requirements during the
grant period:
``(A) The grantee shall create a coordinated community
response including both organizations external to the
institution and relevant divisions of the institution.
``(B) The grantee shall establish a mandatory prevention
and education program on domestic violence, dating violence,
sexual assault, and stalking for all incoming students.
``(C) The grantee shall train all campus law enforcement to
respond effectively to domestic violence, dating violence,
sexual assault, and stalking.
``(D) The grantee shall train all members of campus
disciplinary boards to respond effectively to situations
involving domestic violence, dating violence, sexual assault,
or stalking.''; and
(5) in subsection (e), by striking ``there are'' and all
that follows through the period and inserting ``there is
authorized to be appropriated $12,000,000 for each of fiscal
years 2012 through 2016.''.

SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING
VIOLENCE, AND STALKING EDUCATION AND
PREVENTION.

(a) In General.--Section 485(f) of the Higher Education Act
of 1965 (20 U.S.C. 1092(f)) is amended--
(1) in paragraph (1)(F)--
(A) in clause (i)(VIII), by striking ``and'' after the
semicolon;
(B) in clause (ii)--
(i) by striking ``sexual orientation'' and inserting
``national origin, sexual orientation,''; and
(ii) by striking the period and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) of domestic violence, dating violence, and stalking
incidents that were reported to campus security authorities
or local police agencies.'';
(2) in paragraph (3), by inserting ``, that withholds the
names of victims as confidential,'' after ``that is timely'';
(3) in paragraph (6)(A)--
(A) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv), respectively;
(B) by inserting before clause (ii), as redesignated by
subparagraph (A), the following:
``(i) The terms `dating violence', `domestic violence', and
`stalking' have the meaning given such terms in section
40002(a) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).''; and
(C) by inserting after clause (iv), as redesignated by
subparagraph (A), the following:
``(v) The term `sexual assault' means an offense classified
as a forcible or nonforcible sex offense under the uniform
crime reporting system of the Federal Bureau of
Investigation.'';
(4) in paragraph (7)--
(A) by striking ``paragraph (1)(F)'' and inserting
``clauses (i) and (ii) of paragraph (1)(F)''; and
(B) by inserting after ``Hate Crime Statistics Act.'' the
following: ``For the offenses of domestic violence, dating
violence, and stalking, such statistics shall be compiled in
accordance with the definitions used in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C.
13925(a)).'';
(5) by striking paragraph (8) and inserting the following:
``(8)(A) Each institution of higher education participating
in any program under this title and title IV of the Economic
Opportunity Act of 1964, other than a foreign institution of
higher education, shall develop and distribute as part of the
report described in paragraph (1) a statement of policy
regarding--
``(i) such institution's programs to prevent domestic
violence, dating violence, sexual assault, and stalking; and
``(ii) the procedures that such institution will follow
once an incident of domestic violence, dating violence,
sexual assault, or stalking has been reported.
``(B) The policy described in subparagraph (A) shall
address the following areas:
``(i) Possible sanctions or protective measures that such
institution may impose following a final determination of an
institutional disciplinary procedure regarding rape,
acquaintance rape, domestic violence, dating violence, sexual
assault, or stalking.
``(ii) Procedures victims should follow if a sex offense,
domestic violence, dating violence, sexual assault, or
stalking has occurred, including information in writing
about--
``(I) the importance of preserving evidence as may be
necessary to the proof of criminal domestic violence, dating
violence, sexual assault, or stalking, or in obtaining a
protection order;
``(II) to whom the alleged offense should be reported;
``(III) options regarding law enforcement and campus
authorities, including notification of the victim's option
to--
``(aa) notify proper law enforcement authorities, including
on-campus and local police;
``(bb) be assisted by campus authorities in notifying law
enforcement authorities if the victim so chooses; and
``(cc) decline to notify such authorities; and
``(IV) where applicable, the rights of victims and the
institution's responsibilities regarding orders of
protection, no contact orders, restraining orders, or similar
lawful orders issued by a criminal, civil, or tribal court.
``(iii) Information about how the institution will protect
the confidentiality of victims, including how publicly-
available recordkeeping will be accomplished without the
inclusion of identifying information about the victim, to the
extent permissible by law.
``(iv) Notification of students about existing counseling,
health, mental health, victim advocacy, legal assistance, and
other services available for victims both on-campus and in
the community.
``(v) Notification of victims about options for, and
available assistance in, changing academic, living,
transportation, and working situations, if so requested by
the victim and if such accommodations are reasonably
available, regardless of whether the victim chooses to report
the crime to campus police or local law enforcement.
``(C) A student or employee who reports to an institution
of higher education that the student or employee has been a
victim of domestic violence, dating violence, sexual assault,
or stalking, whether the offense occurred on or off campus,
shall be provided with a written explanation of the student
or employee's rights and options, as described

[[Page S2875]]

in clauses (ii) through (vii) of subparagraph (B).'';
(6) in paragraph (9), by striking ``The Secretary'' and
inserting ``The Secretary, in consultation with the Attorney
General of the United States,'';
(7) by striking paragraph (16) and inserting the following:
``(16)(A) The Secretary shall seek the advice and counsel
of the Attorney General of the United States concerning the
development, and dissemination to institutions of higher
education, of best practices information about campus safety
and emergencies.
``(B) The Secretary shall seek the advice and counsel of
the Attorney General of the United States and the Secretary
of Health and Human Services concerning the development, and
dissemination to institutions of higher education, of best
practices information about preventing and responding to
incidents of domestic violence, dating violence, sexual
assault, and stalking, including elements of institutional
policies that have proven successful based on evidence-based
outcome measurements.''; and
(8) by striking paragraph (17) and inserting the following:
``(17) No officer, employee, or agent of an institution
participating in any program under this title shall
retaliate, intimidate, threaten, coerce, or otherwise
discriminate against any individual for exercising their
rights or responsibilities under any provision of this
subsection.''.
(b) Effective Date.--The amendments made by this section
shall take effect with respect to the annual security report
under section 485(f)(1) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)(1)) prepared by an institution of higher
education 1 calendar year after the date of enactment of this
Act, and each subsequent calendar year.

TITLE IV--VIOLENCE REDUCTION PRACTICES

SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION.

Section 402(c) of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 280b 4(c))
is amended by striking ``$2,000,000 for each of the fiscal
years 2007 through 2011'' and inserting ``$500,000 for each
of fiscal years 2012 through 2016''.

SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION GRANTS.

(a) SMART Prevention.--Section 41303 of the Violence
Against Women Act of 1994 (42 U.S.C. 14043d 2) is amended to
read as follows:

``SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES THROUGH
PREVENTION (SMART PREVENTION).

``(a) Grants Authorized.--The Attorney General, in
consultation with the Secretary of Health and Human Services
and the Secretary of Education, is authorized to award grants
for the purpose of preventing domestic violence, dating
violence, sexual assault, and stalking by taking a
comprehensive approach that focuses on youth, children
exposed to violence, and men as leaders and influencers of
social norms.
``(b) Use of Funds.--Funds provided under this section may
be used for the following purposes:
``(1) Teen dating violence awareness and prevention.--To
develop, maintain, or enhance programs that change attitudes
and behaviors around the acceptability of domestic violence,
dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and
individuals who influence young individuals. The prevention
program may use evidence-based, evidence-informed, or
innovative strategies and practices focused on youth. Such a
program should include--
``(A) scientifically valid age appropriate education that
is produced by accredited entities on domestic violence,
dating violence, sexual assault, stalking, and sexual
coercion, as well as healthy relationship skills, in school,
in the community, or in health care settings;
``(B) community-based collaboration and training for those
with influence on youth, such as parents, teachers, coaches,
healthcare providers, faith-leaders, older teens, and
mentors;
``(C) education and outreach to change environmental
factors contributing to domestic violence, dating violence,
sexual assault, and stalking; and
``(D) policy development targeted to prevention, including
school-based policies and protocols.
``(2) Children exposed to violence and abuse.--To develop,
maintain or enhance programs designed to prevent future
incidents of domestic violence, dating violence, sexual
assault, and stalking by preventing, reducing and responding
to children's exposure to violence in the home. Such programs
may include--
``(A) providing services for children exposed to domestic
violence, dating violence, sexual assault or stalking,
including direct counseling or advocacy, and support for the
non-abusing parent; and
``(B) training and coordination for educational, after-
school, and childcare programs on how to safely and
confidentially identify children and families experiencing
domestic violence, dating violence, sexual assault, or
stalking and properly refer children exposed and their
families to services and violence prevention programs.
``(c) Eligible Entities.--To be an eligible to receive a
grant under this section, an entity shall be--
``(1) a victim service provider, community-based
organization, tribe or tribal organization, or other non-
profit, nongovernmental organization that has a history of
effective work preventing domestic violence, dating violence,
sexual assault, or stalking and expertise in the specific
area for which they are applying for funds; or
``(2) a partnership between a victim service provider,
community-based organization, tribe or tribal organization,
or other non-profit, nongovernmental organization that has a
history of effective work preventing domestic violence,
dating violence, sexual assault, or stalking and at least one
of the following:
``(A) A public, charter, tribal, or nationally accredited
private middle or high school, a school administered by the
Department of Defense under section 2164 of title 10, United
States Code or section 1402 of the Defense Dependents'
Education Act of 1978, a group of schools, or a school
district.
``(B) A local community-based organization, population-
specific organization, or faith-based organization that has
established expertise in providing services to youth.
``(C) A community-based organization, population-specific
organization, university or health care clinic, faith-based
organization, or other non-profit, nongovernmental
organization.
``(D) A nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic
violence, dating violence, sexual assault, or stalking.
``(E) Healthcare entities eligible for reimbursement under
title XVIII of the Social Security Act, including providers
that target the special needs of children and youth.
``(F) Any other agencies, population-specific
organizations, or nonprofit, nongovernmental organizations
with the capacity to provide necessary expertise to meet the
goals of the program.
``(d) Grantee Requirements.--
``(1) In general.--Applicants for grants under this section
shall prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require that demonstrates the capacity of
the applicant and partnering organizations to undertake the
project.
``(2) Policies and procedures.--Applicants under this
section shall establish and implement policies, practices,
and procedures that--
``(A) include appropriate referral systems to direct any
victim identified during program activities to highly
qualified follow-up care;
``(B) protect the confidentiality and privacy of adult and
youth victim information, particularly in the context of
parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers;
``(C) ensure that all individuals providing prevention
programming through a program funded under this section have
completed or will complete sufficient training in connection
with domestic violence, dating violence, sexual assault or
stalking; and
``(D) document how prevention programs are coordinated with
service programs in the community.
``(3) Preference.--In selecting grant recipients under this
section, the Attorney General shall give preference to
applicants that--
``(A) include outcome-based evaluation; and
``(B) identify any other community, school, or State-based
efforts that are working on domestic violence, dating
violence, sexual assault, or stalking prevention and explain
how the grantee or partnership will add value, coordinate
with other programs, and not duplicate existing efforts.
``(e) Definitions and Grant Conditions.--In this section,
the definitions and grant conditions provided for in section
40002 shall apply.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2012 through 2016.
``(g) Allotment.--
``(1) In general.--Not less than 25 percent of the total
amounts appropriated under this section in each fiscal year
shall be used for each set of purposes described in
paragraphs (1), (2), and (3) of subsection (a).
``(2) Indian tribes.--Not less than 10 percent of the total
amounts appropriated under this section in each fiscal year
shall be made available for grants to Indian tribes or tribal
organizations.''.
(b) Repeals.--The following provisions are repealed:
(1) Sections 41304 and 41305 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043d 3 and 14043d 4).
(2) Section 403 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).

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

SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE
HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.

(a) Grants.--Section 399P of the Public Health Service Act
(42 U.S.C. 280g 4) is amended to read as follows:

[[Page S2876]]

``SEC. 399P. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEM'S
RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, AND STALKING.

``(a) In General.--The Secretary shall award grants for--
``(1) the development or enhancement and implementation of
interdisciplinary training for health professionals, public
health staff, and allied health professionals;
``(2) the development or enhancement and implementation of
education programs for medical, nursing, dental, and other
health profession students and residents to prevent and
respond to domestic violence, dating violence, sexual
assault, and stalking; and
``(3) the development or enhancement and implementation of
comprehensive statewide strategies to improve the response of
clinics, public health facilities, hospitals, and other
health settings (including behavioral and mental health
programs) to domestic violence, dating violence, sexual
assault, and stalking.
``(b) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
programs under paragraphs (1) and (2) of subsection (a)
that--
``(i) are designed to train medical, psychology, dental,
social work, nursing, and other health profession students,
interns, residents, fellows, or current health care providers
to identify and provide health care services (including
mental or behavioral health care services and referrals to
appropriate community services) to individuals who are or who
have been victims of domestic violence, dating violence,
sexual assault, or stalking; and
``(ii) plan and develop culturally competent clinical
training components for integration into approved internship,
residency, and fellowship training or continuing medical or
other health education training that address physical,
mental, and behavioral health issues, including protective
factors, related to domestic violence, dating violence,
sexual assault, stalking, and other forms of violence and
abuse, focus on reducing health disparities and preventing
violence and abuse, and include the primacy of victim safety
and confidentiality;
``(B) design and implement comprehensive strategies to
improve the response of the health care system to domestic or
sexual violence in clinical and public health settings,
hospitals, clinics, and other health settings (including
behavioral and mental health), under subsection (a)(3)
through--
``(i) the implementation, dissemination, and evaluation of
policies and procedures to guide health professionals and
public health staff in identifying and responding to domestic
violence, dating violence, sexual assault, and stalking,
including strategies to ensure that health information is
maintained in a manner that protects the patient's privacy
and safety, and safely uses health information technology to
improve documentation, identification, assessment, treatment,
and follow-up care;
``(ii) the development of on-site access to services to
address the safety, medical, and mental health needs of
patients by increasing the capacity of existing health care
professionals and public health staff to address domestic
violence, dating violence, sexual assault, and stalking, or
by contracting with or hiring domestic or sexual assault
advocates to provide such services or to model other services
appropriate to the geographic and cultural needs of a site;
``(iii) the development of measures and methods for the
evaluation of the practice of identification, intervention,
and documentation regarding victims of domestic violence,
dating violence, sexual assault, and stalking, including the
development and testing of quality improvement measurements;
and
``(iv) the provision of training and follow-up technical
assistance to health care professionals, and public health
staff, and allied health professionals to identify, assess,
treat, and refer clients who are victims of domestic
violence, dating violence, sexual assault, or stalking,
including using tools and training materials already
developed.
``(2) Permissible uses.--
``(A) Child and elder abuse.--To the extent consistent with
the purpose of this section, a grantee may use amounts
received under this section to address, as part of a
comprehensive programmatic approach implemented under the
grant, issues relating to child or elder abuse.
``(B) Rural areas.--Grants funded under paragraphs (1) and
(2) of subsection (a) may be used to offer to rural areas
community-based training opportunities, which may include the
use of distance learning networks and other available
technologies needed to reach isolated rural areas, for
medical, nursing, and other health profession students and
residents on domestic violence, dating violence, sexual
assault, stalking, and, as appropriate, other forms of
violence and abuse.
``(C) Other uses.--Grants funded under subsection (a)(3)
may be used for--
``(i) the development of training modules and policies that
address the overlap of child abuse, domestic violence, dating
violence, sexual assault, and stalking and elder abuse, as
well as childhood exposure to domestic and sexual violence;
``(ii) the development, expansion, and implementation of
sexual assault forensic medical examination or sexual assault
nurse examiner programs;
``(iii) the inclusion of the health effects of lifetime
exposure to violence and abuse as well as related protective
factors and behavioral risk factors in health professional
training schools including medical, dental, nursing, social
work, and mental and behavioral health curricula, and allied
health service training courses; or
``(iv) the integration of knowledge of domestic violence,
dating violence, sexual assault, and stalking into health
care accreditation and professional licensing examinations,
such as medical, dental, social work, and nursing boards, and
where appropriate, other allied health exams.
``(c) Requirements for Grantees.--
``(1) Confidentiality and safety.--
``(A) In general.--Grantees under this section shall ensure
that all programs developed with grant funds address issues
of confidentiality and patient safety and comply with
applicable confidentiality and nondisclosure requirements
under section 40002(b)(2) of the Violence Against Women Act
of 1994 and the Family Violence Prevention and Services Act,
and that faculty and staff associated with delivering
educational components are fully trained in procedures that
will protect the immediate and ongoing security and
confidentiality of the patients, patient records, and staff.
Such grantees shall consult entities with demonstrated
expertise in the confidentiality and safety needs of victims
of domestic violence, dating violence, sexual assault, and
stalking on the development and adequacy of confidentially
and security procedures, and provide documentation of such
consultation.
``(B) Advance notice of information disclosure.--Grantees
under this section shall provide to patients advance notice
about any circumstances under which information may be
disclosed, such as mandatory reporting laws, and shall give
patients the option to receive information and referrals
without affirmatively disclosing abuse.
``(2) Limitation on administrative expenses.--A grantee
shall use not more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(3) Application.--
``(A) Preference.--In selecting grant recipients under this
section, the Secretary shall give preference to applicants
based on the strength of their evaluation strategies, with
priority given to outcome based evaluations.
``(B) Subsection (a)(1) and (2) grantees.--Applications for
grants under paragraphs (1) and (2) of subsection (a) shall
include--
``(i) documentation that the applicant represents a team of
entities working collaboratively to strengthen the response
of the health care system to domestic violence, dating
violence, sexual assault, or stalking, and which includes at
least one of each of--

``(I) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
other health field;
``(II) a health care facility or system; or
``(III) a government or nonprofit entity with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking; and

``(ii) strategies for the dissemination and sharing of
curricula and other educational materials developed under the
grant, if any, with other interested health professions
schools and national resource repositories for materials on
domestic violence, dating violence, sexual assault, and
stalking.
``(C) Subsection (a)(3) grantees.--An entity desiring a
grant under subsection (a)(3) shall submit an application to
the Secretary at such time, in such a manner, and containing
such information and assurances as the Secretary may require,
including--
``(i) documentation that all training, education,
screening, assessment, services, treatment, and any other
approach to patient care will be informed by an understanding
of violence and abuse victimization and trauma-specific
approaches that will be integrated into prevention,
intervention, and treatment activities;
``(ii) strategies for the development and implementation of
policies to prevent and address domestic violence, dating
violence, sexual assault, and stalking over the lifespan in
health care settings;
``(iii) a plan for consulting with State and tribal
domestic violence or sexual assault coalitions, national
nonprofit victim advocacy organizations, State or tribal law
enforcement task forces (where appropriate), and population
specific organizations with demonstrated expertise in
domestic violence, dating violence, sexual assault, or
stalking;
``(iv) with respect to an application for a grant under
which the grantee will have contact with patients, a plan,
developed in collaboration with local victim service
providers, to respond appropriately to and make correct
referrals for individuals who disclose that they are victims
of domestic violence, dating violence, sexual assault,
stalking, or other types of violence, and documentation
provided by the grantee of an ongoing collaborative
relationship with a local victim service provider; and
``(v) with respect to an application for a grant proposing
to fund a program described in subsection (b)(2)(C)(ii), a
certification that any sexual assault forensic medical
examination and sexual assault nurse examiner programs
supported with such grant funds will adhere to the guidelines
set forth by the Attorney General.
``(d) Eligible Entities.--

[[Page S2877]]

``(1) In general.--To be eligible to receive funding under
paragraph (1) or (2) of subsection (a), an entity shall be--
``(A) a nonprofit organization with a history of effective
work in the field of training health professionals with an
understanding of, and clinical skills pertinent to, domestic
violence, dating violence, sexual assault, or stalking, and
lifetime exposure to violence and abuse;
``(B) an accredited school of allopathic or osteopathic
medicine, psychology, nursing, dentistry, social work, or
allied health;
``(C) a health care provider membership or professional
organization, or a health care system; or
``(D) a State, tribal, territorial, or local entity.
``(2) Subsection (a)(3) grantees.--To be eligible to
receive funding under subsection (a)(3), an entity shall be--
``(A) a State department (or other division) of health, a
State, tribal, or territorial domestic violence or sexual
assault coalition or victim service provider, or any other
nonprofit, nongovernmental organization with a history of
effective work in the fields of domestic violence, dating
violence, sexual assault, or stalking, and health care,
including physical or mental health care; or
``(B) a local victim service provider, a local department
(or other division) of health, a local health clinic,
hospital, or health system, or any other community-based
organization with a history of effective work in the field of
domestic violence, dating violence, sexual assault, or
stalking and health care, including physical or mental health
care.
``(e) Technical Assistance.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may make
grants or enter into contracts to provide technical
assistance with respect to the planning, development, and
operation of any program, activity or service carried out
pursuant to this section. Not more than 8 percent of the
funds appropriated under this section in each fiscal year may
be used to fund technical assistance under this subsection.
``(2) Availability of materials.--The Secretary shall make
publicly available materials developed by grantees under this
section, including materials on training, best practices, and
research and evaluation.
``(3) Reporting.--The Secretary shall publish a biennial
report on--
``(A) the distribution of funds under this section; and
``(B) the programs and activities supported by such funds.
``(f) Research and Evaluation.--
``(1) In general.--Of the funds made available to carry out
this section for any fiscal year, the Secretary may use not
more than 20 percent to make a grant or enter into a contract
for research and evaluation of--
``(A) grants awarded under this section; and
``(B) other training for health professionals and effective
interventions in the health care setting that prevent
domestic violence, dating violence, and sexual assault across
the lifespan, prevent the health effects of such violence,
and improve the safety and health of individuals who are
currently being victimized.
``(2) Research.--Research authorized in paragraph (1) may
include--
``(A) research on the effects of domestic violence, dating
violence, sexual assault, and childhood exposure to domestic,
dating or sexual violence on health behaviors, health
conditions, and health status of individuals, families, and
populations, including underserved populations;
``(B) research to determine effective health care
interventions to respond to and prevent domestic violence,
dating violence, sexual assault, and stalking;
``(C) research on the impact of domestic, dating and sexual
violence, childhood exposure to such violence, and stalking
on the health care system, health care utilization, health
care costs, and health status; and
``(D) research on the impact of adverse childhood
experiences on adult experience with domestic violence,
dating violence, sexual assault, stalking, and adult health
outcomes, including how to reduce or prevent the impact of
adverse childhood experiences through the health care
setting.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2012 through 2016.
``(h) Definitions.--Except as otherwise provided herein,
the definitions provided for in section 40002 of the Violence
Against Women Act of 1994 shall apply to this section.''.
(b) Repeals.--The following provisions are repealed:
(1) Section 40297 of the Violence Against Women Act of 1994
(42 U.S.C. 13973).
(2) Section 758 of the Public Health Service Act (42 U.S.C.
294h).

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

SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.

(a) Amendment.--Subtitle N of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e et seq.) is amended--
(1) by inserting after the subtitle heading the following:

``CHAPTER 1--GRANT PROGRAMS'';

(2) in section 41402 (42 U.S.C. 14043e 1), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter'';
(3) in section 41403 (42 U.S.C. 14043e 2), in the matter
preceding paragraph (1), by striking ``subtitle'' and
inserting ``chapter''; and
(4) by adding at the end the following:

``CHAPTER 2--HOUSING RIGHTS

``SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.

``(a) Definitions.--In this chapter:
``(1) Affiliated individual.--The term `affiliated
individual' means, with respect to an individual--
``(A) a spouse, parent, brother, sister, or child of that
individual, or an individual to whom that individual stands
in loco parentis; or
``(B) any individual, tenant, or lawful occupant living in
the household of that individual.
``(2) Appropriate agency.--The term `appropriate agency'
means, with respect to a covered housing program, the
Executive department (as defined in section 101 of title 5,
United States Code) that carries out the covered housing
program.
``(3) Covered housing program.--The term `covered housing
program' means--
``(A) the program under section 202 of the Housing Act of
1959 (12 U.S.C. 1701q);
``(B) the program under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013);
``(C) the program under subtitle D of title VIII of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12901 et seq.);
``(D) the program under subtitle A of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et
seq.);
``(E) the program under subtitle A of title II of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12741 et seq.);
``(F) the program under paragraph (3) of section 221(d) of
the National Housing Act (12 U.S.C. 1715l(d)) that bears
interest at a rate determined under the proviso under
paragraph (5) of such section 221(d);
``(G) the program under section 236 of the National Housing
Act (12 U.S.C. 1715z 1);
``(H) the programs under sections 6 and 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437d and 1437f);
``(I) rural housing assistance provided under sections 514,
515, 516, 533, and 538 of the Housing Act of 1949 (42 U.S.C.
1484, 1485, 1486, 1490m, and 1490p 2); and
``(J) the low income housing tax credit program under
section 42 of the Internal Revenue Code of 1986.
``(b) Prohibited Basis for Denial or Termination of
Assistance or Eviction.--
``(1) In general.--An applicant for or tenant of housing
assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from
participation in, or evicted from the housing on the basis
that the applicant or tenant is or has been a victim of
domestic violence, dating violence, sexual assault, or
stalking, if the applicant or tenant otherwise qualifies for
admission, assistance, participation, or occupancy.
``(2) Construction of lease terms.--An incident of actual
or threatened domestic violence, dating violence, sexual
assault, or stalking shall not be construed as--
``(A) a serious or repeated violation of a lease for
housing assisted under a covered housing program by the
victim or threatened victim of such incident; or
``(B) good cause for terminating the assistance, tenancy,
or occupancy rights to housing assisted under a covered
housing program of the victim or threatened victim of such
incident.
``(3) Termination on the basis of criminal activity.--
``(A) Denial of assistance, tenancy, and occupancy rights
prohibited.--No person may deny assistance, tenancy, or
occupancy rights to housing assisted under a covered housing
program to a tenant solely on the basis of criminal activity
directly relating to domestic violence, dating violence,
sexual assault, or stalking that is engaged in by a member of
the household of the tenant or any guest or other person
under the control of the tenant, if the tenant or an
affiliated individual of the tenant is the victim or
threatened victim of such domestic violence, dating violence,
sexual assault, or stalking.
``(B) Bifurcation.--
``(i) In general.--Notwithstanding subparagraph (A), a
public housing agency or owner or manager of housing assisted
under a covered housing program may bifurcate a lease for the
housing in order to evict, remove, or terminate assistance to
any individual who is a tenant or lawful occupant of the
housing and who engages in criminal activity directly
relating to domestic violence, dating violence, sexual
assault, or stalking against an affiliated individual or
other individual, without evicting, removing, terminating
assistance to, or otherwise penalizing a victim of such
criminal activity who is also a tenant or lawful occupant of
the housing.
``(ii) Effect of eviction on other tenants.--If public
housing agency or owner or manager of housing assisted under
a covered housing program evicts, removes, or terminates
assistance to an individual under clause (i), and the
individual is the sole tenant eligible to receive assistance
under a covered housing program, the public housing agency or
owner or manager of housing assisted under the covered
housing program shall provide any remaining tenant an
opportunity to establish eligibility for the covered

[[Page S2878]]

housing program. If a tenant described in the preceding
sentence cannot establish eligibility, the public housing
agency or owner or manager of the housing shall provide the
tenant a reasonable time, as determined by the appropriate
agency, to find new housing or to establish eligibility for
housing under another covered housing program.
``(C) Rules of construction.--Nothing in subparagraph (A)
shall be construed--
``(i) to limit the authority of a public housing agency or
owner or manager of housing assisted under a covered housing
program, when notified of a court order, to comply with a
court order with respect to--

``(I) the rights of access to or control of property,
including civil protection orders issued to protect a victim
of domestic violence, dating violence, sexual assault, or
stalking; or
``(II) the distribution or possession of property among
members of a household in a case;

``(ii) to limit any otherwise available authority of a
public housing agency or owner or manager of housing assisted
under a covered housing program to evict or terminate
assistance to a tenant for any violation of a lease not
premised on the act of violence in question against the
tenant or an affiliated person of the tenant, if the public
housing agency or owner or manager does not subject an
individual who is or has been a victim of domestic violence,
dating violence, or stalking to a more demanding standard
than other tenants in determining whether to evict or
terminate;
``(iii) to limit the authority to terminate assistance to a
tenant or evict a tenant from housing assisted under a
covered housing program if a public housing agency or owner
or manager of the housing can demonstrate that an actual and
imminent threat to other tenants or individuals employed at
or providing service to the property would be present if the
assistance is not terminated or the tenant is not evicted; or
``(iv) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``(c) Documentation.--
``(1) Request for documentation.--If an applicant for, or
tenant of, housing assisted under a covered housing program
represents to a public housing agency or owner or manager of
the housing that the individual is entitled to protection
under subsection (b), the public housing agency or owner or
manager may request, in writing, that the applicant or tenant
submit to the public housing agency or owner or manager a
form of documentation described in paragraph (3).
``(2) Failure to provide certification.--
``(A) In general.--If an applicant or tenant does not
provide the documentation requested under paragraph (1)
within 14 business days after the tenant receives a request
in writing for such certification from a public housing
agency or owner or manager of housing assisted under a
covered housing program, nothing in this chapter may be
construed to limit the authority of the public housing agency
or owner or manager to--
``(i) deny admission by the applicant or tenant to the
covered program;
``(ii) deny assistance under the covered program to the
applicant or tenant;
``(iii) terminate the participation of the applicant or
tenant in the covered program; or
``(iv) evict the applicant, the tenant, or a lawful
occupant that commits violations of a lease.
``(B) Extension.--A public housing agency or owner or
manager of housing may extend the 14-day deadline under
subparagraph (A) at its discretion.
``(3) Form of documentation.--A form of documentation
described in this paragraph is--
``(A) a certification form approved by the appropriate
agency that--
``(i) states that an applicant or tenant is a victim of
domestic violence, dating violence, sexual assault, or
stalking;
``(ii) states that the incident of domestic violence,
dating violence, sexual assault, or stalking that is the
ground for protection under subsection (b) meets the
requirements under subsection (b); and
``(iii) includes the name of the individual who committed
the domestic violence, dating violence, sexual assault, or
stalking, if the name is known and safe to provide;
``(B) a document that--
``(i) is signed by--

``(I) an employee, agent, or volunteer of a victim service
provider, an attorney, a medical professional, or a mental
health professional from whom an applicant or tenant has
sought assistance relating to domestic violence, dating
violence, sexual assault, or stalking, or the effects of the
abuse; and
``(II) the applicant or tenant; and

``(ii) states under penalty of perjury that the individual
described in clause (i)(I) believes that the incident of
domestic violence, dating violence, sexual assault, or
stalking that is the ground for protection under subsection
(b) meets the requirements under subsection (b);
``(C) a record of a Federal, State, tribal, territorial, or
local law enforcement agency, court, or administrative
agency; or
``(D) at the discretion of a public housing agency or owner
or manager of housing assisted under a covered housing
program, a statement or other evidence provided by an
applicant or tenant.
``(4) Confidentiality.--Any information submitted to a
public housing agency or owner or manager under this
subsection, including the fact that an individual is a victim
of domestic violence, dating violence, sexual assault, or
stalking shall be maintained in confidence by the public
housing agency or owner or manager and may not be entered
into any shared database or disclosed to any other entity or
individual, except to the extent that the disclosure is--
``(A) requested or consented to by the individual in
writing;
``(B) required for use in an eviction proceeding under
subsection (b); or
``(C) otherwise required by applicable law.
``(5) Documentation not required.--Nothing in this
subsection shall be construed to require a public housing
agency or owner or manager of housing assisted under a
covered housing program to request that an individual submit
documentation of the status of the individual as a victim of
domestic violence, dating violence, sexual assault, or
stalking.
``(6) Compliance not sufficient to constitute evidence of
unreasonable act.--Compliance with subsection (b) by a public
housing agency or owner or manager of housing assisted under
a covered housing program based on documentation received
under this subsection, shall not be sufficient to constitute
evidence of an unreasonable act or omission by the public
housing agency or owner or manager or an employee or agent of
the public housing agency or owner or manager. Nothing in
this paragraph shall be construed to limit the liability of a
public housing agency or owner or manager of housing assisted
under a covered housing program for failure to comply with
subsection (b).
``(7) Response to conflicting certification.--If a public
housing agency or owner or manager of housing assisted under
a covered housing program receives documentation under this
subsection that contains conflicting information, the public
housing agency or owner or manager may require an applicant
or tenant to submit third-party documentation, as described
in subparagraph (B), (C), or (D) of paragraph (3).
``(8) Preemption.--Nothing in this subsection shall be
construed to supersede any provision of any Federal, State,
or local law that provides greater protection than this
subsection for victims of domestic violence, dating violence,
sexual assault, or stalking.
``(d) Notification.--
``(1) Development.--The Secretary of Housing and Urban
Development shall develop a notice of the rights of
individuals under this section, including the right to
confidentiality and the limits thereof.
``(2) Provision.--Each public housing agency or owner or
manager of housing assisted under a covered housing program
shall provide the notice developed under paragraph (1),
together with the form described in subsection (c)(3)(A), to
an applicant for or tenants of housing assisted under a
covered housing program--
``(A) at the time the applicant is denied residency in a
dwelling unit assisted under the covered housing program;
``(B) at the time the individual is admitted to a dwelling
unit assisted under the covered housing program;
``(C) with any notification of eviction or notification of
termination of assistance; and
``(D) in multiple languages, consistent with guidance
issued by the Secretary of Housing and Urban Development in
accordance with Executive Order 13166 (42 U.S.C. 2000d 1
note; relating to access to services for persons with limited
English proficiency).
``(e) Emergency Transfers.--Each appropriate agency shall
adopt a model emergency transfer plan for use by public
housing agencies and owners or managers of housing assisted
under covered housing programs that--
``(1) allows tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking to transfer to
another available and safe dwelling unit assisted under a
covered housing program if--
``(A) the tenant expressly requests the transfer; and
``(B)(i) the tenant reasonably believes that the tenant is
threatened with imminent harm from further violence if the
tenant remains within the same dwelling unit assisted under a
covered housing program; or
``(ii) in the case of a tenant who is a victim of sexual
assault, the sexual assault occurred on the premises during
the 90 day period preceding the request for transfer; and
``(2) incorporates reasonable confidentiality measures to
ensure that the public housing agency or owner or manager
does not disclose the location of the dwelling unit of a
tenant to a person that commits an act of domestic violence,
dating violence, sexual assault, or stalking against the
tenant.
``(f) Policies and Procedures for Emergency Transfer.--The
Secretary of Housing and Urban Development shall establish
policies and procedures under which a victim requesting an
emergency transfer under subsection (e) may receive, subject
to the availability of tenant protection vouchers, assistance
under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)).
``(g) Implementation.--The appropriate agency with respect
to each covered housing program shall implement this section,
as this section applies to the covered housing program.''.
(b) Conforming Amendments.--
(1) Section 6.--Section 6 of the United States Housing Act
of 1937 (42 U.S.C. 1437d) is amended--

[[Page S2879]]

(A) in subsection (c)--
(i) by striking paragraph (3); and
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(B) in subsection (l)--
(i) in paragraph (5), by striking ``, and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking will not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and will not be good cause
for terminating the tenancy or occupancy rights of the victim
of such violence''; and
(ii) in paragraph (6), by striking ``; except that'' and
all that follows through ``stalking.''; and
(C) by striking subsection (u).
(2) Section 8.--Section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f) is amended--
(A) in subsection (c), by striking paragraph (9);
(B) in subsection (d)(1)--
(i) in subparagraph (A), by striking ``and that an
applicant or participant is or has been a victim of domestic
violence, dating violence, or stalking is not an appropriate
basis for denial of program assistance or for denial of
admission if the applicant otherwise qualifies for assistance
or admission''; and
(ii) in subparagraph (B)--

(I) in clause (ii), by striking ``, and that an incident or
incidents of actual or threatened domestic violence, dating
violence, or stalking will not be construed as a serious or
repeated violation of the lease by the victim or threatened
victim of that violence and will not be good cause for
terminating the tenancy or occupancy rights of the victim of
such violence''; and
(II) in clause (iii), by striking ``, except that:'' and
all that follows through ``stalking.'';

(C) in subsection (f)--
(i) in paragraph (6), by adding ``and'' at the end;
(ii) in paragraph (7), by striking the semicolon at the end
and inserting a period; and
(iii) by striking paragraphs (8), (9), (10), and (11);
(D) in subsection (o)--
(i) in paragraph (6)(B), by striking the last sentence;
(ii) in paragraph (7)--

(I) in subparagraph (C), by striking ``and that an incident
or incidents of actual or threatened domestic violence,
dating violence, or stalking shall not be construed as a
serious or repeated violation of the lease by the victim or
threatened victim of that violence and shall not be good
cause for terminating the tenancy or occupancy rights of the
victim of such violence''; and
(II) in subparagraph (D), by striking ``; except that'' and
all that follows through ``stalking.''; and

(iii) by striking paragraph (20); and
(E) by striking subsection (ee).
(3) Rule of construction.--Nothing in this Act, or the
amendments made by this Act, shall be construed--
(A) to limit the rights or remedies available to any person
under section 6 or 8 of the United States Housing Act of 1937
(42 U.S.C. 1437d and 1437f), as in effect on the day before
the date of enactment of this Act;
(B) to limit any right, remedy, or procedure otherwise
available under any provision of part 5, 91, 880, 882, 883,
884, 886, 891, 903, 960, 966, 982, or 983 of title 24, Code
of Federal Regulations, that--
(i) was issued under the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109 162; 119 Stat. 2960) or an amendment made by that Act;
and
(ii) provides greater protection for victims of domestic
violence, dating violence, sexual assault, and stalking than
this Act; or
(C) to disqualify an owner, manager, or other individual
from participating in or receiving the benefits of the low
income housing tax credit program under section 42 of the
Internal Revenue Code of 1986 because of noncompliance with
the provisions of this Act.

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

Chapter 11 of the Violence Against Women Act of 1994 (42
U.S.C. 13975 et seq.) is amended--
(1) in the chapter heading, by striking ``CHILD VICTIMS OF
DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT'' and
inserting ``VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING''; and
(2) in section 40299 (42 U.S.C. 13975)--
(A) in the header, by striking ``child victims of domestic
violence, stalking, or sexual assault'' and inserting
``victims of domestic violence, dating violence, sexual
assault, or stalking'';
(B) in subsection (a)(1), by striking ``fleeing''; and
(C) in subsection (g)--
(i) in paragraph (1), by striking ``$40,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$35,000,000
for each of fiscal years 2012 through 2016''; and
(ii) in paragraph (3)--

(I) in subparagraph (A), by striking ``eligible'' and
inserting ``qualified''; and
(II) by adding at the end the following:

``(D) Qualified application defined.--In this paragraph,
the term `qualified application' means an application that--
``(i) has been submitted by an eligible applicant;
``(ii) does not propose any significant activities that may
compromise victim safety;
``(iii) reflects an understanding of the dynamics of
domestic violence, dating violence, sexual assault, or
stalking; and
``(iv) does not propose prohibited activities, including
mandatory services for victims, background checks of victims,
or clinical evaluations to determine eligibility for
services.''.

SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.

Subtitle N of the Violence Against Women Act of 1994 (42
U.S.C. 14043e et seq.) is amended--
(1) in section 41404(i) (42 U.S.C. 14043e 3(i)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years
2012 through 2016''; and
(2) in section 41405(g) (42 U.S.C. 14043e 4(g)), by
striking ``$10,000,000 for each of fiscal years 2007 through
2011'' and inserting ``$4,000,000 for each of fiscal years
2012 through 2016''.

TITLE VII--ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO
ASSIST VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.

Section 41501(e) of the Violence Against Women Act of 1994
(42 U.S.C. 14043f(e)) is amended by striking ``fiscal years
2007 through 2011'' and inserting ``fiscal years 2012 through
2016''.

TITLE VIII--IMMIGRATION PROVISIONS

SEC. 801. APPLICATION OF SPECIAL RULE FOR BATTERED SPOUSE OR
CHILD.

Section 240A(b)(2) of the Immigration and Nationality Act
(8 U.S.C. 1229b) is amended by striking subparagraph (D) and
inserting the following:
``(D) Credible evidence considered.--In adjudicating
applications under this paragraph, the Secretary of Homeland
Security shall consider any credible evidence relevant to the
application, including credible evidence submitted by a
national of the United States or an alien lawfully admitted
for permanent residence accused of the conduct described in
subparagraph (A)(i). The determination of what evidence is
credible and the weight to be given that evidence shall be
within the sole discretion of the Secretary of Homeland
Security.
``(E) Fraud detection efforts.--
``(i) In general.--Upon filing of an application under this
paragraph, the Director of United States Citizenship and
Immigration Services shall--

``(I) review such an application for completeness and clear
indicators of fraud or misrepresentation of material fact;
``(II) conduct an in-person interview of the alien who
filed the application; and
``(III) facilitate cooperation between the service center
that adjudicates all applications under this paragraph and
the local service centers that have the resources to
investigate and interview the applicant to review any
evidence that may pertain to the application.

``(ii) Guidelines.--The Director may issue guidelines for
alternatives to the in-person interview so long as the
guidelines do not jeopardize national security and include
measures to detect fraud and abuse.
``(iii) Evidence.--The Director may gather other evidence
and interview other witnesses, including the accused United
States citizen or legal permanent resident, if such
individual consents to be interviewed.
``(F) Priority of ongoing immigration and law enforcement
investigations or prosecutions.--
``(i) Determination.--During the adjudication of an
application under this paragraph, the Director shall
determine whether any Federal, State, territorial, tribal, or
local law enforcement agency has undertaken an investigation
or prosecution of the petitioning alien for--

``(I) conduct relating to the battering or abuse alleged by
the petitioning alien under this paragraph;
``(II) a violation of any immigration law; or
``(III) a violation of any other criminal law.

``(ii) Use of information.--If such an investigation or
prosecution was commenced, the investigative officer of
United States Citizenship and Immigration Services shall--

``(I) obtain as much information as possible about the
investigation or prosecution; and
``(II) consider that information as part of the
adjudication of the application.

``(iii) Pending investigation.--If such an investigation or
prosecution is pending, the adjudication of the application
shall be stayed pending the conclusion of the investigation
or prosecution. If no investigation has been undertaken or if
a prosecutor's office has not commenced a prosecution after
the matter was referred to it, that fact shall be considered
by the investigative officer as part of the adjudication of
the application.
``(iv) Effect of determination to remove or indict.--If
such an investigation determines that the alien is removable,
or if the alien is indicted, the application under this
paragraph shall be denied.
``(v) Effect of not guilty determination.--If an
investigation has been undertaken and a determination was
made that a prosecution was not warranted or if a criminal
proceeding finds the United States citizen or legal permanent
resident not guilty

[[Page S2880]]

of the charges, such determination shall be binding and the
application under this paragraph shall be denied.
``(G) Effect of material misrepresentation.--If an alien
makes a material misrepresentation during the application
process under this paragraph, the Secretary of Homeland
Security shall--
``(i) deny the application and remove the alien on an
expedited basis; and
``(ii) make the alien ineligible for any taxpayer funded
benefits or immigration benefits.''.

SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLICABLE TO U
VISAS.

Section 214(p)(1) of the Immigration and Nationality Act (8
U.S.C. 1184(p)(1)) is amended as follows:
(1) By striking ``The petition'' and inserting the
following:
``(A) In general.--The petition''.
(2) By adding at the end the following:
``(B) Certification requirements.--Each certification
submitted under subparagraph (A) shall confirm under penalty
of perjury that--
``(i) the petitioner reported the criminal activity to a
law enforcement agency within 120 days of its occurrence;
``(ii) the statute of limitations for prosecuting an
offense based on the criminal activity has not lapsed;
``(iii) the criminal activity is actively under
investigation or a prosecution has been commenced; and
``(iv) the petitioner has provided to a law enforcement
agency information that will assist in identifying the
perpetrator of the criminal activity, or the perpetrator's
identity is known.
``(C) Requirement for certification.--No application for a
visa under section 101(a)(15)(U) may be granted unless
accompanied by the certification as described in this
paragraph.''.

SEC. 803. PROTECTIONS FOR A FIANCEE OR FIANCE OF A CITIZEN.

(a) In General.--Section 214 of the Immigration and
Naturalization Act (8 U.S.C. 1184) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (3)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
paragraph (3)(B)(i).''; and
(B) in paragraph (3)(B)(i), by striking ``abuse, and
stalking.'' And inserting ``abuse, stalking, or an attempt to
commit any such crime.''; and
(2) in subsection (r)--
(A) in paragraph (1), by striking ``crime.'' and inserting
``crime described in paragraph (5)(B) and information on any
permanent protection or restraining order issued against the
petitioner related to any specified crime described in
subsection (5)(B)(i).''; and
(B) in paragraph (5)(B)(i), by striking ``abuse, and
stalking.'' and inserting ``abuse, stalking, or an attempt to
commit any such crime.''.
(b) Provision of Information to K Non-immigrants.--Section
883 of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a) is amended in subsection (b)(1)(A), by
striking ``or'' after ``orders'' and inserting ``and''.

SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

(a) Implementation of the International Marriage Broker Act
of 2005.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report that includes the name of the component of
the Department of Justice responsible for prosecuting
violations of the International Marriage Broker Act of 2005
(subtitle D of Public Law 109-162; 119 Stat. 3066) and the
amendments made by this title.
(b) Regulation of International Marriage Brokers.--Section
833(d) of the International Marriage Broker Regulation Act of
2005 (8 U.S.C. 1375a(d)) is amended as follows:
(1) By amending paragraph (1) to read as follows:
``(1) Prohibition on marketing of or to children.--
``(A) In general.--An international marriage broker shall
not provide any individual or entity with personal contact
information, photograph, or general information about the
background or interests of any individual under the age of
18.
``(B) Compliance.--To comply with the requirements of
subparagraph (A), an international marriage broker shall--
``(i) obtain a valid copy of each foreign national client's
birth certificate or other proof of age document issued by an
appropriate government entity;
``(ii) indicate on such certificate or document the date it
was received by the international marriage broker;
``(iii) retain the original of such certificate or document
for 5 years after such date of receipt; and
``(iv) produce such certificate or document upon request to
an appropriate authority charged with the enforcement of this
paragraph.''.
(2) In paragraph (2)(B)(ii), by striking ``or stalking.''
and inserting ``stalking, or an attempt to commit any such
crime.''.
(3) In paragraph (5)(B)--
(A) by striking ``In circumstances'' and inserting the
following:
``(i) In general.--In circumstances''; and
(B) by adding at the end the following:
``(ii) Fraudulent failures of united states clients to make
required self-disclosures.--A person who knowingly and with
intent to defraud another person outside the United States in
order to recruit, solicit, entice, or induce that other
person into entering a dating or matrimonial relationship,
makes false or fraudulent representations regarding the
disclosures described in clause (i), (ii), (iii), or (iv) of
subsection (d)(2)(B), including by failing to make any such
disclosures, shall be fined in accordance with title 18,
United States Code, imprisoned for not more than 1 year, or
both.''.

SEC. 805. GAO REPORT.

(a) Requirement for Report.--Not later than 1 year after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report regarding
the adjudication of petitions and applications under section
101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)) and the self-petitioning process for
VAWA self-petitioners (as that term is defined in section
101(a)(51) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(51)).
(b) Contents.--The report required by subsection (a)
shall--
(1) assess the efficiency and reliability of the process
for reviewing such petitions and applications, including
whether the process includes adequate safeguards against
fraud and abuse; and
(2) identify possible improvements to the adjudications of
petitions and applications in order to reduce fraud and
abuse.

SEC. 806. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY
PURPOSES.

(a) Information Sharing.--Section 384(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may''; and
(B) by inserting ``Secretary's or the'' before ``Attorney
General's discretion'';
(2) in paragraph (2)--
(A) by inserting ``Secretary of Homeland Security or the''
before ``Attorney General may'';
(B) by inserting ``Secretary or the'' before ``Attorney
General for''; and
(C) by inserting ``in a manner that protects the
confidentiality of such information'' after ``law enforcement
purpose'';
(3) in paragraph (5), by striking ``Attorney General is''
and inserting ``Secretary of Homeland Security and the
Attorney General are''; and
(4) by adding at the end a new paragraph as follows:
``(8) Notwithstanding subsection (a)(2), the Secretary of
Homeland Security, the Secretary of State, or the Attorney
General may provide in the discretion of either such
Secretary or the Attorney General for the disclosure of
information to national security officials to be used solely
for a national security purpose in a manner that protects the
confidentiality of such information.''.
(b) Guidelines.--Section 384(d) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1367(d)) is amended by inserting ``and severe forms of
trafficking in persons or criminal activity listed in section
101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(u))'' after ``domestic violence''.
(c) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Attorney General and Secretary
of Homeland Security shall provide the guidance required by
section 384(d) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(d)),
consistent with the amendments made by subsections (a) and
(b).
(d) Clerical Amendment.--Section 384(a)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1986
is amended by striking ``241(a)(2)'' in the matter following
subparagraph (F) and inserting ``237(a)(2)''.

TITLE IX--SAFETY FOR INDIAN WOMEN

SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

Section 2015(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg 10(a)) is
amended--
(1) in paragraph (2), by inserting ``sex trafficking,''
after ``sexual assault,'';
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by striking ``and stalking'' and all
that follows and inserting ``sexual assault, sex trafficking,
and stalking;'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after ``sexual
assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after ``stalking,'';
and
(B) by striking the period at the end and inserting a
semicolon; and
(6) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of
children exposed to domestic violence, dating violence,
sexual assault, or stalking, including support for the
nonabusing parent or the caretaker of the child; and

[[Page S2881]]

``(10) develop and promote legislation and policies that
enhance best practices for responding to violent crimes
against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex trafficking,
and stalking.''.

SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS.

Section 2001(d) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) developing and promoting State, local, or tribal
legislation and policies that enhance best practices for
responding to violent crimes against Indian women, including
the crimes of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking.''; and
(2) in paragraph (2)(B), by striking ``individuals or''.

SEC. 903. CONSULTATION.

Section 903 of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is
amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women Act of
2000'' and inserting ``, the Violence Against Women Act of
2000''; and
(B) by inserting ``, and the Violence Against Women
Reauthorization Act of 2011'' before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Secretary of the Department of Health and Human Services''
and inserting ``Secretary of Health and Human Services, the
Secretary of the Interior,''; and
(B) in paragraph (2), by striking ``and stalking'' and
inserting ``stalking, and sex trafficking''; and
(3) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall submit to
Congress an annual report on the annual consultations
required under subsection (a) that--
``(1) contains the recommendations made under subsection
(b) by Indian tribes during the year covered by the report;
``(2) describes actions taken during the year covered by
the report to respond to recommendations made under
subsection (b) during the year or a previous year; and
``(3) describes how the Attorney General will work in
coordination and collaboration with Indian tribes, the
Secretary of Health and Human Services, and the Secretary of
the Interior to address the recommendations made under
subsection (b).
``(d) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall
notify tribal leaders of the date, time, and location of the
consultation.''.

SEC. 904. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.

(a) In General.--Section 113 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) Assault with intent to commit murder or a violation
of section 2241 or 2242, by a fine under this title,
imprisonment for not more than 20 years, or both.'';
(B) in paragraph (2), by striking ``felony under chapter
109A'' and inserting ``violation of section 2241 or 2242'';
(C) in paragraph (3) by striking ``and without just cause
or excuse,'';
(D) in paragraph (4), by striking ``six months'' and
inserting ``1 year'';
(E) in paragraph (5), by striking ``1 year,'' and inserting
``5 years,'';
(F) in paragraph (7)--
(i) by striking ``substantial bodily injury to an
individual who has not attained the age of 16 years'' and
inserting ``substantial bodily injury to a spouse or intimate
partner, a dating partner, or an individual who has not
attained the age of 16 years''; and
(ii) by striking ``fine'' and inserting ``a fine''; and
(G) by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for
not more than 10 years, or both.''; and
(2) in subsection (b)--
(A) by striking ``(b) As used in this subsection--'' and
inserting the following:
``(b) Definitions.--In this section--'';
(B) in paragraph (1)(B), by striking ``and'' at the end;
(C) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means knowingly or recklessly
impeding the normal breathing or circulation of the blood of
a person by applying pressure to the throat or neck,
regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim; and
``(5) the term `suffocating' means knowingly or recklessly
impeding the normal breathing of a person by covering the
mouth of the person, the nose of the person, or both,
regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim.''.
(b) Indian Major Crimes.--Section 1153(a) of title 18,
United States Code, is amended by striking ``assault with
intent to commit murder, assault with a dangerous weapon,
assault resulting in serious bodily injury (as defined in
section 1365 of this title)'' and inserting ``a felony
assault under section 113''.
(c) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18,
United States Code, is amended by inserting ``or tribal''
after ``State''.

SEC. 905. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN
WOMEN.

(a) In General.--Section 904(a) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(42 U.S.C. 3796gg 10 note) is amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting ``Not later
than 2 years after the date of enactment of the Violence
Against Women Reauthorization Act of 2011, the National'';
and
(B) by inserting ``and in Native villages'' (as defined in
section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602))'' before the period at the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and
inserting ``the Violence Against Women Reauthorization Act of
2011''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $500,000 for each of fiscal years 2012 and 2013''.
(b) Authorization of Appropriations.--Section 905(b)(2) of
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended
by striking ``fiscal years 2007 through 2011'' and inserting
``fiscal years 2012 through 2016''.

SEC. 906. EFFECTIVE DATE.

The amendments made by this title shall take effect on the
date of enactment of this Act.

SEC. 907. TRIBAL PROTECTION ORDERS.

Section 2265(e) of title 18, United States Code, is
amended--
(1) in the subsection heading, by striking ``Court
Jurisdiction'' and inserting ``Protection Orders'';
(2) by striking ``For purposes of this section'' and
inserting the following:
``(1) Tribal court jurisdiction.--For purposes of this
section and subject to paragraph (2)''; and
(3) by adding at the end the following:
``(2) United states court jurisdiction.--
``(A) In general.--An Indian tribe may petition a district
court of the United States in whose district the tribe is
located for an appropriately tailored protection order
excluding any person from areas within the Indian country of
the tribe.
``(B) Required showing.--The court shall issue a protection
order prohibiting the person identified in a petition under
subparagraph (A) from entering all or part of the Indian
country of the tribe upon a showing that--
``(i) the person identified in the petition has assaulted
an Indian spouse or intimate partner who resides or works in
such Indian country, or an Indian child who resides with or
is in the care or custody of such spouse or intimate partner;
and
``(ii) a protection order is reasonably necessary to
protect the safety and well-being of the spouse, intimate
partner, or child described in clause (i).
``(C) Factors to consider.--In determining the areas from
which the person identified in a protection order issued
under subparagraph (B) shall be excluded, the court shall
consider all appropriate factors, including the places of
residence, work, or school of--
``(i) the person identified in the protection order; and
``(ii) the spouse, intimate partner, or child described in
subparagraph (B)(i).
``(D) Penalty for willful violation.--A person who
willfully violates a protection order issued under
subparagraph (B) shall be punished as provided in section
2261(b).''.

SEC. 908. ALASKA RURAL JUSTICE AND LAW ENFORCEMENT
COMMISSION.

The Attorney General, in consultation with the Attorney
General of the State of Alaska, the Commissioner of Public
Safety of the State of Alaska, the Alaska Federation of
Natives, and Federally recognized Indian tribes in the State
of Alaska, shall report to Congress not later than 1 year
after the date of enactment of this Act with respect to
whether the Alaska Rural Justice and Law Enforcement
Commission established under Section 112(a)(1) of the
Consolidated Appropriations Act, 2004 should be continued and
appropriations authorized for the continued work of the
commission. The report may contain recommendations for
legislation with respect to the scope of work and composition
of the commission.

TITLE X--VIOLENT CRIME AGAINST WOMEN

SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE.

(a) Sexual Abuse of a Minor or Ward.--Section 2243(b) of
title 18, United States Code, is amended to read as follows:
``(b) Of a Ward.--

[[Page S2882]]

``(1) Offenses.--It shall be unlawful for any person to
knowingly engage, or knowingly attempt to engage, in a sexual
act with another person who is--
``(A) in official detention or supervised by, or otherwise
under the control of, the United States--
``(i) during arrest;
``(ii) during pretrial release;
``(iii) while in official detention or custody; or
``(iv) while on probation, supervised release, or parole;
``(B) under the professional custodial, supervisory, or
disciplinary control or authority of the person engaging or
attempting to engage in the sexual act; and
``(C) at the time of the sexual act--
``(i) in the special maritime and territorial jurisdiction
of the United States;
``(ii) in a Federal prison, or in any prison, institution,
or facility in which persons are held in custody by direction
of, or pursuant to a contract or agreement with, the United
States; or
``(iii) under supervision or other control by the United
States, or by direction of, or pursuant to a contract or
agreement with, the United States.
``(2) Penalties.--A person that violates paragraph (1)
shall--
``(A) be fined under this title, imprisoned for not more
than 15 years, or both; and
``(B) if, in the course of committing the violation of
paragraph (1), the person engages in conduct that would
constitute an offense under section 2241 or 2242 if committed
in the special maritime and territorial jurisdiction of the
United States, be subject to the penalties provided for under
section 2241 or 2242, respectively.''.
(b) Penalties for Sexual Abuse.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:

``Sec.  250. Penalties for sexual abuse

``(a) Offense.--It shall be unlawful for any person, in the
course of committing an offense under this chapter or under
section 901 of the Fair Housing Act (42 U.S.C. 3631) to
engage in conduct that would constitute an offense under
chapter 109A if committed in the special maritime and
territorial jurisdiction of the United States.
``(b) Penalties.--A person that violates subsection (a)
shall be subject to the penalties under the provision of
chapter 109A that would have been violated if the conduct was
committed in the special maritime and territorial
jurisdiction of the United States, unless a greater penalty
is otherwise authorized by law.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 13 of title 18, United States Code, is
amended by adding at the end the following:

``250. Penalties for sexual abuse.''.

SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS.

(a) Suits by Prisoners.--Section 7(e) of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e(e)) is
amended by inserting before the period at the end the
following: ``or the commission of a sexual act (as defined in
section 2246 of title 18, United States Code)''.
(b) United States as Defendant.--Section 1346(b)(2) of
title 28, United States Code, is amended by inserting before
the period at the end the following: ``or the commission of a
sexual act (as defined in section 2246 of title 18)''.
(c) Adoption and Effect of National Standards.--Section 8
of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607)
is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 2011, the Secretary of Homeland Security shall publish
a final rule adopting national standards for the detection,
prevention, reduction, and punishment of rape and sexual
assault in facilities that maintain custody of aliens
detained for a violation of the immigrations laws of the
United States.
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to detention facilities operated by the
Department of Homeland Security and to detention facilities
operated under contract with the Department.
``(3) Compliance.--The Secretary of Homeland Security
shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Homeland Security.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall give
due consideration to the recommended national standards
provided by the Commission under section 7(e).
``(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Violence Against Women Reauthorization
Act of 2011, the Secretary of Health and Human Services shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of rape and
sexual assault in facilities that maintain custody of
unaccompanied alien children (as defined in section 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
``(2) Applicability.--The standards adopted under paragraph
(1) shall apply to facilities operated by the Department of
Health and Human Services and to facilities operated under
contract with the Department.
``(3) Compliance.--The Secretary of Health and Human
Services shall--
``(A) assess compliance with the standards adopted under
paragraph (1) on a regular basis; and
``(B) include the results of the assessments in performance
evaluations of facilities completed by the Department of
Health and Human Services.
``(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human Services
shall give due consideration to the recommended national
standards provided by the Commission under section 7(e).''.

SEC. 1003. REPORT ON COMPLIANCE WITH THE DNA FINGERPRINT ACT
OF 2005.

(a) Report Required.--Not later than 180 days after date of
the enactment of this Act, the Secretary of Homeland Security
shall prepare and submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that--
(1) describes, in detail, the measures and procedures taken
by the Secretary to comply with any regulation promulgated
pursuant to section 3(e)(1) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(e)(1)); and
(2) provides a detailed explanation of the circumstances
and specific cases, if available, in which--
(A) the Secretary failed to comply with any regulation
promulgated pursuant to such section 3(e)(1);
(B) the Secretary requested the Attorney General approve
additional limitations to, or exceptions from, any regulation
promulgated pursuant to such section 3(e)(1); or
(C) the Secretary consulted with the Attorney General to
determine that the collection of DNA samples is not feasible
because of operational exigencies or resource limitations.

SEC. 1004. REDUCING THE RAPE KIT BACKLOG.

Section 2(c)(3) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135(c)(3)) is amended by adding at the
end the following:
``(C) For each of fiscal years 2012 through 2014, not less
than 75 percent of the total grant amounts shall be awarded
for a combination of purposes under paragraphs (2) and (3) of
subsection (a).''.

SEC. 1005. REPORT ON CAPACITY UTILIZATION.

(a) Report Required.--Not later than 2 years after the date
of the enactment of this Act, the Comptroller General of the
United States shall prepare a study on the availability of
services for victims of domestic violence, dating violence,
sexual assault, and stalking.
(b) Content.--The report required by subsection (a) shall
address the following:
(1) The services or categories of services that are
currently being offered or provided to victims of domestic
violence, dating violence, sexual assault, and stalking.
(2) The approximate number of victims receiving these
services.
(3) The approximate number of victims, and the percentage
of the total population of victims, who request services but
are not provided services.
(4) The reasons why victims are not provided services,
including--
(A) shelter or service organization lack of resources;
(B) shelter or organization limitations not associated with
funding;
(C) geographical, logistical, or physical barriers;
(D) characteristics of the perpetrator; and
(E) characteristics or background of the victim.
(5) For any refusal to provide services to a victim, the
reasons for the denial of services, including victim
characteristics or background, including--
(A) employment history;
(B) criminal history;
(C) illegal or prescription drug use;
(D) financial situation;
(E) status of the victim as a parent;
(F) personal hygiene;
(G) current or past disease or illness;
(H) religious association or belief;
(I) physical characteristics of the victim or the provider
facility
(J) gender;
(K) race;
(L) national origin or status as alien;
(M) failure to follow shelter or organization rules or
procedures;
(N) previous contact or experiences with the shelter or
service organization; or
(O) any other victim characteristic or background that is
determined to be the cause of the denial of services.
(6) The frequency or prevalence of denial of services from
organizations who receive Federal funds.
(7) The frequency or prevalence of denial of service from
organizations who do not receive Federal funds.

SEC. 1006. MANDATORY MINIMUM SENTENCE FOR AGGRAVATED SEXUAL
ABUSE.

Section 2241 of title 18, United States Code, is amended--

[[Page S2883]]

(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 10 years or imprisoned for life'';
and
(2) in subsection (b), in the undesignated matter following
paragraph (2), by striking ``any term of years or life'' and
inserting ``not less than 5 years or imprisoned for life''.

SEC. 1007. REMOVAL OF DRUNK DRIVERS.

(a) In General.--Section 101(a)(43)(F) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by
striking ``for which the term of imprisonment'' and inserting
``, including a third drunk driving conviction, regardless of
the States in which the convictions occurred or whether the
offenses are classified as misdemeanors or felonies under
State or Federal law, for which the term of imprisonment
is''.
(b) Effective Date and Application.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
(2) Application.--
(A) In general.--Except as provided in subparagraph (B),
the amendment made by subsection (a) shall apply to a
conviction for drunk driving that occurred before, on, or
after such date.
(B) Two or more prior convictions.--An alien who has
received two or more convictions for drunk driving prior to
the date of the enactment of this Act may not be subject to
removal for the commission of an aggravated felony pursuant
to section 101(a)(43)(F) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(43)(F)), as amended by subsection (a),
on the basis of such convictions until the date that the
alien is convicted of a drunk driving offense after such date
of enactment.

SEC. 1008. ENHANCED PENALTIES FOR INTERSTATE DOMESTIC
VIOLENCE RESULTING IN DEATH, LIFE-THREATENING
BODILY INJURY, PERMANENT DISFIGUREMENT, AND
SERIOUS BODILY INJURY.

Section 2261(b) of title 18, United States Code, is
amended--
(1) in paragraph (1), by inserting ``not less than 15
years'' after ``any term of years'';
(2) in paragraph (2), by striking ``20 years'' and
inserting ``25 years''; and
(3) in paragraph (3), by striking ``10 years'' and
inserting ``15 years''.

SEC. 1009. FINDING FUGITIVE SEX OFFENDERS ACT.

(a) In General.--Section 3486(a)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i)(II), by striking ``or'' at the end;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(2) in subparagraph (D)--
(A) by striking ``paragraph, the term'' and inserting the
following: ``paragraph--
``(i) the term'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(b) Technical and Conforming Amendments.--Section 3486(a)
of title 18, United States Code, is amended--
(1) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';
(2) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(3) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''.
(c) Subpoena Authority.--Section 566(e)(1) of title 28,
United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.

SEC. 1010. MINIMUM PENALTIES FOR THE POSSESSION OF CHILD
PORNOGRAPHY.

(a) Certain Activities Relating to Material Involving the
Sexual Exploitation of Minors.--Section 2252(b)(2) of title
18, United States Code, is amended by inserting after ``but
if'' the following: ``any visual depiction involved in the
offense involved a prepubescent minor or a minor who had not
attained 12 years of age, such person shall be fined under
this title and imprisoned for not less than 1 year nor more
than 20 years, or if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title
18, United States Code, is amended by inserting after ``but,
if'' the following: ``any image of child pornography involved
in the offense involved a prepubescent minor or a minor who
had not attained 12 years of age, such person shall be fined
under this title and imprisoned for not less than 1 year nor
more than 20 years, or if''.

SEC. 1011. AUDIT OF OFFICE FOR VICTIMS OF CRIME.

(a) Audit.--The Comptroller General of the United States
shall conduct an objective and credible audit of the
expenditure of funds by the Office for Victims of Crime (in
this section referred to as the ``Office'') from the Crime
Victims Fund established under section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601) (in this section referred
to as the ``Fund'').
(b) Report.--Not later than 9 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report regarding the audit conducted under subsection (a)
that--
(1) addresses whether the Office provides amounts from the
Fund to individuals or entities that support individuals who
are not victims of crime;
(2) addresses whether the Office is authorized to provide
amounts from the Fund to individuals or entities described in
paragraph (1);
(3) addresses whether the Office provides amounts from the
Fund for legal services for victims of crime; and
(4) if the Office no longer provides amounts from the Fund
for the services described in paragraph (3), contains an
explanation for why the Office no longer provides amounts for
such services.

TITLE XI--THE SAFER ACT

SEC. 1101. SHORT TITLE.

This title may be cited as the ``Sexual Assault Forensic
Evidence Registry Act of 2012'' or the ``SAFER Act of 2012''.

SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT
EVIDENCE BACKLOGS.

Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2012 through 2016, not less than 7 percent of
the grant amounts distributed under paragraph (1) shall be
awarded for the purpose described in subsection (a)(6).'';
and
(3) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence
Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State
or unit of local government--
``(A) submits a plan for performing the audit of samples
described in such subsection; and
``(B) includes in such plan a good-faith estimate of the
number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6) shall--
``(A) not later than 1 year after receiving such grant--
``(i) complete the audit referred to in paragraph (1)(A) in
accordance with the plan submitted under such paragraph; and
``(ii) for each sample of sexual assault evidence
identified in such audit, subject to paragraph (4), enter
into the Sexual Assault Forensic Evidence Registry
established under subsection (o) the information listed in
subsection (o)(2);
``(B) not later than 21 days after receiving possession of
a sample of sexual assault evidence that was not in the
possession of the State or unit of local government at the
time of such audit, subject to paragraph (4), enter into the
Sexual Assault Forensic Evidence Registry the information
listed in subsection (o)(2) with respect to the sample; and
``(C) not later than 30 days after a change in the status
referred to in subsection (o)(2)(A)(v) of a sample with
respect to which the State or unit of local government has
entered information into such Registry, update such status.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph (2)(A)
to a State or unit of local government that demonstrates that
more time is required for compliance with such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2)
to enter into the Registry described in such paragraph
information with respect to a sample of sexual assault
evidence if--
``(A) the sample is not considered criminal evidence (such
as a sample collected anonymously from a victim who is
unwilling to make a criminal complaint); or
``(B) the sample relates to a sexual assault for which the
prosecution of each perpetrator is barred by a statute of
limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting testing' means,
with respect to a sample of sexual assault evidence, that--
``(i) the sample has been collected and is in the
possession of a State or unit of local government;
``(ii) DNA and other appropriate forensic analyses have not
been performed on such sample; and
``(iii) the sample is related to a criminal case or
investigation in which final disposition has not yet been
reached.

[[Page S2884]]

``(B) Final disposition.--The term `final disposition'
means, with respect to a criminal case or investigation to
which a sample of sexual assault evidence relates--
``(i) the conviction or acquittal of all suspected
perpetrators of the crime involved;
``(ii) a determination by the State or unit of local
government in possession of the sample that the case is
unfounded; or
``(iii) a declaration by the victim of the crime involved
that the act constituting the basis of the crime was not
committed.
``(C) Possession.--
``(i) In general.--The term `possession', used with respect
to possession of a sample of sexual assault evidence by a
State or unit of local government, includes possession by an
individual who is acting as an agent of the State or unit of
local government for the collection of the sample.
``(ii) Rule of construction.--Nothing in clause (i) shall
be construed to create or amend any Federal right or
privilege for a private laboratory described in regulations
promulgated under section 210303 of the DNA Identification
Act of 1994 (42 U.S.C. 14131).''.

SEC. 1103. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.

(a) In General.--Section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135), as amended by
section 1102 of this title, is further amended by adding at
the end the following new subsection:
``(o) Sexual Assault Forensic Evidence Registry.--
``(1) In general.--Subject to subsection (j), not later
than 1 year after the date of enactment of the SAFER Act of
2012, the Attorney General shall establish a Sexual Assault
Forensic Evidence Registry (in this subsection referred to as
the `Registry') that--
``(A) allows States and units of local government to enter
information into the Registry about samples of sexual assault
evidence that are in the possession of such States or units
of local government and are awaiting testing; and
``(B) tracks the testing and processing of such samples.
``(2) Information in registry.--
``(A) In general.--A State or unit of local government that
chooses to enter information into the Registry about a sample
of sexual assault evidence shall include the following
information:
``(i) The date of the sexual assault to which the sample
relates.
``(ii) The city, county, or other appropriate locality in
which the sexual assault occurred.
``(iii) The date on which the sample was collected.
``(iv) The date on which information relating to the sample
was entered into the Registry.
``(v) The status of the progression of the sample through
testing and other stages of the evidentiary handling process,
including the identity of the entity in possession of the
sample.
``(vi) The date or dates after which the State or unit of
local government would be barred by any applicable statutes
of limitations from prosecuting a perpetrator of the sexual
assault for the sexual assault.
``(vii) Such other information as the Attorney General
considers appropriate.
``(B) Personally identifiable information.--The Attorney
General shall ensure that the Registry does not include
personally identifiable information or details about a sexual
assault that might lead to the identification of the
individuals involved, except for the information listed in
subparagraph (A).
``(3) Sample identification number.--
``(A) In general.--A State or unit of local government that
chooses to enter information about a sample of sexual assault
evidence into the Registry shall assign to the sample a
unique numeric or alphanumeric identifier.
``(B) Unique identifier required.--In assigning the
identifier under subparagraph (A), a State or unit of local
government may use a case-numbering system used for other
purposes, but the Attorney General shall ensure that the
identifier assigned to each sample is unique with respect to
all samples entered by all States and units of local
government.
``(4) Update of information.--A State or unit of local
government that chooses to enter information about a sample
of sexual assault evidence into the Registry shall, not later
than 30 days after a change in the status of the sample
referred to in paragraph (2)(A)(v), update such status.
``(5) Internet access.--The Attorney General shall make
publicly available aggregate non-individualized and non-
personally identifying data gathered from the Registry, to
allow for comparison of backlog data by States and units of
local government, on an appropriate Internet website.
``(6) Technical assistance.--The Attorney General shall--
``(A) provide a means by which an entity that does not have
access to the Internet may enter information into the
Registry; and
``(B) provide the technical assistance necessary to allow
States and units of local government to participate in the
Registry.''.
(b) Funding.--Section 2(j) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended--
(1) by inserting ``and for carrying out subsection (o)''
after ``for grants under subsection (a)''; and
(2) by adding at the end the following new sentence: ``For
each of fiscal years 2012 through 2016, not less than 1
percent of the amount authorized to be appropriated under the
previous sentence for such fiscal year shall be for carrying
out subsection (o).''

SEC. 1104. REPORTS TO CONGRESS.

Not later than 90 days after the end of each fiscal year
for which a grant is made for the purpose described in
section 2(a)(6) of the DNA Analysis Backlog Elimination Act
of 2000, as added by section 1102 of this title, the Attorney
General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1102 of this
title; and
(3) summarizes the processing status of the samples of
sexual assault evidence about which information has been
entered into the Sexual Assault Forensic Evidence Registry
established under section 2(o) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 1103(a) of this
title, including the number of samples that have not been
tested.
______