19–006 

112TH CONGRESS REPT. 112–480 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT 

OF 2012 

MAY 15, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SMITH of Texas, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 4970] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 4970) to reauthorize the Violence Against Women Act of 

1994, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill as amended do pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 47 

Background and Need for the Legislation ............................................................. 48 

Hearings ................................................................................................................... 61 

Committee Consideration ........................................................................................ 61 

Committee Votes ...................................................................................................... 61 

Committee Oversight Findings ............................................................................... 71 

New Budget Authority and Tax Expenditures ...................................................... 71 

Congressional Budget Office Cost Estimate .......................................................... 72 

Performance Goals and Objectives ......................................................................... 77 

Advisory on Earmarks ............................................................................................. 78 

Section-by-Section Analysis .................................................................................... 78 

Changes in Existing Law Made by the Bill, as Reported ..................................... 92 

Committee Jurisdiction Letters .............................................................................. 221 

Dissenting Views ..................................................................................................... 227 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
2 

The Amendment 

The amendment is 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. VAWA definitions and grant conditions. 

Sec. 4. Accountability provisions. 

Sec. 5. Effective date. 

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

WOMEN 

Sec. 101. STOP grants. 

Sec. 102. Grants to encourage arrest 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. Court-appointed special advocate program. 

Sec. 106. Outreach and services to underserved populations grant. 

Sec. 107. Culturally specific services grant. 

Sec. 108. Reduction in rape kit backlog. 

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 and 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. National Center for Campus Public Safety. 

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 HEALTH CARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 501. Consolidation of grants to strengthen the health care 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. Fraud prevention initiatives. 

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

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

Sec. 804. Regulation of international marriage brokers. 

Sec. 805. GAO report. 

Sec. 806. Temporary Nature of U Visa Status. 

Sec. 807. Annual report on immigration applications made by victims of abuse. 

Sec. 808. Protection for children of VAWA self-petitioners. 

Sec. 809. Public charge. 

Sec. 810. Age-Out Protection for U Visa Applicants. 

Sec. 811. Hardship waivers. 

Sec. 812. Disclosure of Information for National Security Purpose. 

Sec. 813. GAO report on requirements to cooperate with law enforcement officials. 

Sec. 814. Consideration of other evidence. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Grants to Indian tribal governments. 

Sec. 902. Grants to Indian tribal coalitions. 

Sec. 903. Consultation. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
3 

Sec. 904. Analysis and research on violence against Indian women. 

Sec. 905. Assistant United States attorney domestic violence tribal liaisons. 

TITLE X—CRIMINAL PROVISIONS 

Sec. 1001. Criminal provisions relating to sexual abuse. 

Sec. 1002. Sexual abuse in custodial settings. 

Sec. 1003. Criminal provision relating to stalking, including cyberstalking. 

Sec. 1004. Amendments to the Federal assault statute. 

Sec. 1005. Mandatory minimum sentence. 

SEC. 3. VAWA 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) in paragraph (2), by inserting ‘‘to an unemancipated minor’’ after ‘‘serious 

harm’’; 

(2) in paragraph (3), by striking ‘‘an organization’’ and inserting ‘‘a nonprofit, 

nongovernmental, or tribal organization that serves a specific geographic community’’; 

(3) in paragraph (6) by inserting ‘‘or intimate partner’’ after ‘‘former spouse’’ 

and after ‘‘as a spouse’’; 

(4) by amending paragraph (16) to read as follows: 

‘‘(16) LEGAL ASSISTANCE.—The term ‘legal assistance’— 

‘‘(A) includes assistance to adult and youth victims of domestic violence, 

dating violence, sexual assault, and stalking in— 

‘‘(i) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus administrative or protection or 

stay away order proceedings, and other similar matters; and 

‘‘(ii) criminal justice investigations, prosecutions and post-trial matters (including sentencing, parole, and probation) that impact the victim’s safety and privacy; and 

‘‘(B) 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); 

except that intake or referral, without other action, does not constitute legal assistance.’’. 

(5) by amending paragraph (18) to read as follows: 

‘‘(18) 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.’’; 

(6) in paragraph (19), by striking ‘‘services’’ and inserting ‘‘assistance’’; 

(7) in paragraph (21)— 

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

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

and 

(C) by adding at the end the following: 

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

(8) in paragraph (22)— 

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

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

(9) by amending paragraph (23) to read as follows: 

‘‘(23) 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.’’; 

(10) by amending paragraph (33) to read as follows: 

‘‘(33) UNDERSERVED POPULATIONS.—The term ‘underserved populations’ 

means populations who face barriers to accessing and using victim services, and 

includes populations underserved because of geographic location or religion, underserved racial and ethnic populations, populations underserved because of 

special needs (such as language barriers, disabilities, alienage status, or age), 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
4 

and any other population determined to be underserved by the Attorney General or the Secretary of Health and Human Services, as appropriate.’’; 

(11) by amending paragraph (37) to read as follows: 

‘‘(37) YOUTH.—The term ‘youth’ means a person who is 11 to 24 years of age.’’; 

(12) by adding at the end the following new paragraphs: 

‘‘(38) 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.). 

‘‘(39) CHILD.—The term ‘child’ means a person who is under 11 years of age. 

‘‘(40) CULTURALLY SPECIFIC.—The term ‘culturally specific’ (except when used 

as part of the term ‘culturally specific services’) means primarily composed of 

racial and ethnic minority groups (as defined in section 1707(g) of the Public 

Health Service Act (42 U.S.C. 300u–6(g))). 

‘‘(41) CULTURALLY SPECIFIC SERVICES.—The term ‘culturally specific services’ 

means community-based services and resources that are culturally relevant and 

linguistically specific to culturally specific communities. 

‘‘(42) HOMELESS, HOMELESS INDIVIDUAL, HOMELESS PERSON.—The terms 

‘homeless’, ‘homeless individual’, and ‘homeless person’— 

‘‘(A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and 

‘‘(B) includes— 

‘‘(i) an individual who— 

‘‘(I) is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; 

‘‘(II) is living in a motel, hotel, trailer park, or campground due 

to the lack of alternative adequate accommodations; 

‘‘(III) is living in an emergency or transitional shelter; 

‘‘(IV) is abandoned in a hospital; or 

‘‘(V) is awaiting foster care placement; 

‘‘(ii) an individual who has a primary nighttime residence that is a 

public or private place not designed for or ordinarily used as a regular 

sleeping accommodation for human beings; or 

‘‘(iii) migratory children (as defined in section 1309 of the Elementary 

and Secondary Education Act of 1965; 20 U.S.C. 6399) who qualify as 

homeless under this section because the children are living in circumstances described in this paragraph. 

‘‘(43) 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. 

‘‘(44) POPULATION SPECIFIC SERVICES.—The term ‘population specific services’ 

means victim services that— 

‘‘(A) 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 

‘‘(B) are designed primarily for, and are targeted to, a specific underserved population. 

‘‘(45) RAPE CRISIS CENTER.—The term ‘rape crisis center’ means— 

‘‘(A) a nonprofit, nongovernmental, or tribal organization that provides 

intervention and related assistance, as specified in section 41601(b)(2)(C), 

to victims of sexual assault without regard to the age of the victims; or 

‘‘(B) a governmental entity that— 

‘‘(i) is located in a State other than a Territory; 

‘‘(ii) provides intervention and related assistance, as specified in section 41601(b)(2)(C), to victims of sexual assault without regard to the 

age of the victims; 

‘‘(iii) is not a law enforcement agency or other entity that is part of 

the criminal justice system; and 

‘‘(iv) offers a level of confidentiality to victims that is comparable to 

a nonprofit entity that provides similar victim services. 

‘‘(46) SEX TRAFFICKING.—The term ‘sex trafficking’ means any conduct proscribed by section 1591 of title 18, United States Code, whether or not the conduct occurs in interstate or foreign commerce or within the special maritime 

and territorial jurisdiction of the United States. 

‘‘(47) TRIBAL COALITION.—The term ‘tribal coalition’ means an established 

nonprofit, nongovernmental Indian organization, Alaska Native organization, or 

a Native Hawaiian organization that— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
5 

‘‘(A) provides education, support, and technical assistance to member Indian service providers in a manner that enables those member providers to 

establish and maintain culturally appropriate services, including shelter 

and rape crisis services, designed to assist Indian women and the dependents of those women who are victims of domestic violence, dating violence, 

sexual assault, and stalking; and 

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

of— 

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

‘‘(ii) the tribal communities in which the services are being provided. 

‘‘(48) 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. 

‘‘(49) VICTIM SERVICES.—The term ‘victim services’— 

‘‘(A) means services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including telephonic or web-based hotlines, legal advocacy, economic advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, 

immigration, and social support systems, crisis intervention, short-term individual and group support services, information and referrals, culturally 

specific services, population specific services, and other related supportive 

services; and 

‘‘(B) 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). 

‘‘(50) VICTIM SERVICE PROVIDER.—The term ‘victim service provider’ means a 

nonprofit, nongovernmental or tribal organization or rape crisis center, including a State sexual assault coalition or tribal coalition, that— 

‘‘(A) assists domestic violence, dating violence, sexual assault, or stalking 

victims, including domestic violence shelters, faith-based organizations, and 

other organizations; and 

‘‘(B) has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.’’; and 

(13) by striking paragraphs (17), (29), and (36), and then reordering the remaining paragraphs of such subsection (including the paragraphs added by 

paragraph (12) of this subsection) in alphabetical order based on the headings 

of such paragraphs, and renumbering such paragraphs as so reordered. 

(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 amending clauses (i) and (ii) to read as follows: 

‘‘(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— 

‘‘(I) 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; and 

‘‘(II) 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, such 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) IN GENERAL.—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; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
6 

‘‘(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) LIMITATIONS.—Grantees and subgrantees may not— 

‘‘(I) require an adult, youth, or child victim of domestic violence, 

dating violence, sexual assault, or stalking 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; 

or ‘‘(II) share any personally identifying information in order to 

comply with Federal reporting, evaluation, or data collection requirements, whether for this program or any other Federal 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 paragraph prohibits a grantee or subgrantee from reporting suspected 

abuse or neglect, as those terms are defined by law, when specifically mandated by the State or tribe involved.’’; and 

(E) by adding at the end the following new subparagraph: 

‘‘(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES.—Grantees and subgrantees shall certify 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 and 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 publically available on the 

website of the disbursing agency.’’; 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 any State shall on the basis of 

actual or perceived race, color, religion, national origin, sex, or disability be 

excluded from participation in, be denied the benefits of, or be subjected to 

discrimination under, any program or activity funded in whole or in part 

with funds made available under the Violence Against Women Act of 1994 

(title IV of Public Law 103–322; 108 Stat. 1902), the Violence Against 

Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the 

Violence Against Women and Department of Justice Reauthorization Act of 

2005 (title IX of Public Law 109–162; 119 Stat. 3080), the Violence Against 

Women Reauthorization Act of 2012, or 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) REASONABLE ACCOMMODATION.—Nothing in this paragraph shall prevent consideration of an individual’s gender for purposes of a program or 

activity described in subparagraph (A) if the grantee involved determines 

that gender segregation or gender-specific programming is necessary to the 

essential operation of such program or activity. In such a case, alternative 

reasonable accommodations are sufficient to meet the requirements of this 

paragraph. 

‘‘(C) APPLICATION.—The provisions of paragraphs (2) through (4) of section 809(c) of title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3789d(c)) shall apply to violations of subparagraph (A). 

‘‘(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise 

diminish the responsibilities and liabilities of grantees under other Federal 

or State civil rights law, whether statutory or common.’’. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
7 

(c) CONFORMING AMENDMENT.—Section 41403(6) of the Violence Against Women 

Act of 1994 (14043e–2(6)) is amended to read as follows: 

‘‘(6) the terms ‘homeless’, ‘homeless individual’, and ‘homeless person’ have 

the meanings given such terms in section 40002(a);’’. 

SEC. 4. ACCOUNTABILITY PROVISIONS. 

(a) REQUIREMENT FOR DOJ GRANT APPLICANTS TO INCLUDE CERTAIN INFORMATION ABOUT FEDERAL GRANTS IN DOJ GRANT APPLICATIONS.—Each applicant for a 

grant from the Department of Justice shall submit, as part of the application for 

the grant, the following information: 

(1) A list of each Federal grant the applicant applied for during the one-year 

period preceding the date of submission of the application. 

(2) A list of each Federal grant the applicant received during the five-year period preceding the date of submission of the application. 

(b) ENHANCING GRANT EFFICIENCY AND COORDINATION.— 

(1) IN GENERAL.—The Attorney General, in consultation with the Secretary of 

Health and Human Services, shall, to the greatest extent practicable, take actions to further the coordination of the administration of grants within the Department of Justice to increase the efficiency of such administration. 

(2) REPORT.—Not later than 180 days after the date of the enactment of this 

Act, the Attorney General shall submit to the Committee on the Judiciary and 

the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a 

report on the actions taken by the Attorney General under paragraph (1) and 

the progress of such actions in achieving coordination described in such paragraph. 

(c) REQUIRING OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT FUNCTIONS TO

APPLY TO VAWA GRANTS.— 

(1) IN GENERAL.—Section 109(b) of the Omnibus Crime Control and Safe 

Streets Act of 1968 is amended— 

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

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

‘‘(3) 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 2012, 

or 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.’’. 

(2) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply 

with respect to grant periods beginning on or after the date of the enactment 

of this Act. 

(d) VAWA GRANT ACCOUNTABILITY.—Section 40002 of the Violence Against 

Women Act of 1994 (42 U.S.C. 13925) is further amended by adding at the end the 

following: 

‘‘(c) ACCOUNTABILITY.—All grants awarded under this title shall be subject to the 

following accountability provisions: 

‘‘(1) AUDIT REQUIREMENT.—Beginning in fiscal year 2013, and in each fiscal 

year thereafter, the Inspector General of the Department of Justice or the Inspector General of the Department of Health and Human Services, as applicable, shall conduct an audit of not fewer than 10 percent of all grantees under 

this title to prevent waste, fraud, and abuse of funds by such grantees. 

‘‘(2) MANDATORY EXCLUSION.—A grantee described in paragraph (1) that is 

found by the Inspector General of the Department of Justice or the Inspector 

General of the Department of Health and Human Services, as applicable, to 

have an unresolved audit finding (as defined in paragraph (5)) shall not be eligible to receive grant funds under this title during the 2 fiscal years beginning 

after the 12-month period described in such paragraph. 

‘‘(3) REIMBURSEMENT.—If an entity is awarded grant funds under this title 

during any period in which the entity is prohibited from receiving funds under 

paragraph (2), the head of the Federal agency administering a grant program 

under this title shall— 

‘‘(A) deposit into the General Fund of the Treasury an amount equal to 

the grant funds that were improperly awarded to the grantee; and 

‘‘(B) seek to recoup the costs of the repayment to the Fund from the entity that was erroneously awarded such grant funds. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
8 

‘‘(4) UNRESOLVED AUDIT FINDING DEFINED.—In this subsection, the term ‘unresolved audit finding’ means, with respect to a grantee described in paragraph 

(1), an audit report finding, statement, or recommendation by the Inspector 

General of the Department of Justice or the Inspector General of the Department of Health and Human Service, as applicable, that the grantee has utilized 

grant funds for an unauthorized expenditure or otherwise unallowable cost that 

is not closed or resolved within 12 months from the date of an initial notification of the finding, statement, or recommendation. 

‘‘(5) NONPROFIT ORGANIZATION REQUIREMENTS.— 

‘‘(A) DEFINITION.—For purposes of this paragraph, 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. 

‘‘(B) PROHIBITION.—The Attorney General shall not award a grant under 

any grant program under this title 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. 

‘‘(6) ADMINISTRATIVE EXPENSES.—Unless otherwise explicitly provided in authorizing legislation, not more than 5.0 percent of the amounts authorized to 

be appropriated under this title may be used by the Attorney General for salaries and administrative expenses of the Office on Violence Against Women. 

‘‘(7) CONFERENCE EXPENDITURES.— 

‘‘(A) LIMITATION.—No amounts authorized to be appropriated to the Department of Justice or Department of Health and Human Services under 

this title may be used by the Attorney General, the Secretary of Health and 

Human Services, or by any individual or organization awarded funds under 

this title, 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 or support any expenditure for such a conference. 

‘‘(B) WRITTEN APPROVAL.—Written authorization under subparagraph (A) 

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. 

‘‘(C) REPORT.—The Deputy Attorney General and Deputy Secretary of 

Health and Human Services shall submit an annual report to the Committee on the Judiciary and the Committee on Health, Education, Labor, 

and Pensions of the Senate and the Committee on the Judiciary and the 

Committee on Energy and Commerce of the House of Representatives on 

all conference expenditures approved and denied during the fiscal year for 

which the report is submitted. 

‘‘(8) PROHIBITION ON LOBBYING ACTIVITY.— 

‘‘(A) IN GENERAL.—Amounts authorized to be appropriated under this 

title may not be utilized by any grantee or subgrantee to lobby any representative of the Federal Government (including the Department of Justice) or a State, local, or tribal government regarding the award of grant 

funding. 

‘‘(B) PENALTY.—If the Attorney General determines that any grantee or 

subgrantee receiving funds under this title has violated subparagraph (A), 

the Attorney General shall— 

‘‘(i) require the grantee or subgrantee to repay such funds in full; and 

‘‘(ii) prohibit the grantee or subgrantee from receiving any funds 

under this title for not less than 5 years. 

‘‘(9) ANNUAL CERTIFICATION.—Beginning in the first fiscal year beginning 

after the date of the enactment of the Violence Against Women Reauthorization 

Act of 2012, 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 

a certification for such year that— 

‘‘(A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the Assistant Attorney 

General for the Office of Justice Programs; 

‘‘(B) all mandatory exclusions required under paragraph (2) have been 

issued; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
9 

‘‘(C) all reimbursements required under paragraph (3) have been made; 

and 

‘‘(D) includes a list of any grantees and subgrantees excluded during the 

previous year under paragraph (2).’’. 

SEC. 5. EFFECTIVE DATE. 

Except as otherwise specifically provided in this Act, the provisions of titles I, II, 

III, IV, VII, and sections 3, 602, 901, and 902 of this Act shall not take effect until 

the first day of the fiscal year following the date of enactment of this Act. 

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE 

AGAINST WOMEN 

SEC. 101. STOP GRANTS. 

(a) STOP GRANTS.—Part T of 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 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 inserting ‘‘, classifying,’’ after ‘‘identifying’’; and 

(ii) by striking ‘‘sexual assault and domestic violence’’ and inserting 

‘‘domestic violence, dating violence, sexual assault, and stalking’’; 

(F) in paragraph (5)— 

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

(ii) by striking ‘‘sexual assault and domestic violence’’ and inserting 

‘‘domestic violence, dating violence, sexual assault, and stalking’’; and 

(iii) 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 so 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 so redesignated by subparagraph (G), by striking 

‘‘and dating violence’’ and inserting ‘‘dating violence, and stalking’’; 

(J) in paragraph (9), as so redesignated by subparagraph (G)— 

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

(ii) by striking ‘‘such violence or assault’’ and inserting ‘‘such violence, assault, or stalking’’; 

(K) in paragraph (12), as so 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) in subparagraph (D), by striking ‘‘and’’ at the end; 

(L) in paragraph (13), as so redesignated by subparagraph (G)— 

(i) in the matter preceding subparagraph (A)— 

(I) by striking ‘‘to provide’’ and inserting ‘‘providing’’; 

(II) by striking ‘‘nonprofit nongovernmental’’; and 

(III) by striking the comma after ‘‘local governments’’; 

(ii) by inserting ‘‘and’’ after the semicolon in subparagraph (B); and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
10 

(iii) by striking the period at the end of subparagraph (C) and inserting a semicolon; 

(M) by inserting after paragraph (13), as so 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) with not more than 5 percent of the total amount allocated to a State 

for this part, developing, enhancing, or strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, or stalking.’’; and 

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

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

(A) in subsection (a), by striking ‘‘nonprofit nongovernmental victim services 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 amending paragraph (2) to read as follows: 

‘‘(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 or tribal coalitions 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 

necessary for the planning process;’’; 

(ii) by striking paragraph (4); 

(iii) by redesignating paragraph (3) as paragraph (4); 

(iv) by inserting after paragraph (2) 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); and’’; and 

(v) in paragraph (4), as so redesignated by clause (iii)— 

(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 (D) and (E); 

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

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

‘‘(C) for each fiscal year beginning on or after the date that is 2 years 

after the date of enactment of the Violence Against Women Reauthorization 

Act of 2012, not less than 20 percent 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;’’; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
11 

(IV) in subparagraph (D), as so redesignated by subclause (II), by 

striking ‘‘culturally specific community-based’’ and inserting ‘‘population specific’’; and 

(V) in subparagraph (E), as so redesignated by subclause (II), by 

striking ‘‘; and’’ and inserting a period; 

(D) by amending subsection (d) to read as follows: 

‘‘(d) APPLICATION REQUIREMENTS.—An application for a grant under this part 

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; 

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

‘‘(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 disbursed after the date of 

enactment of the Violence Against Women Reauthorization Act of 2012 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 representatives of 

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 as part of the application submitted in 

accordance with subsection (d)— 

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

‘‘(B) documentation from each member of the planning committee with respect to the member’s 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 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 pursuant to regulations issued under subsection (e)(2); 

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

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

‘‘(j) REALLOCATION OF FUNDS.—A State may use any returned or remaining funds 

for any authorized purpose under this part if— 

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

or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
12 

‘‘(2) the State does not receive sufficient eligible applications to award the full 

funding within the allocations under subsection (c)(4).’’; 

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

(A) in subsection (a), by amending paragraph (1) to read as follows: 

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

‘‘(A) incurs the full out-of-pocket cost of forensic medical exams described 

in subsection (b) for victims of sexual assault; and 

‘‘(B) coordinates with health care providers in the region to notify victims 

of sexual assault of the availability of rape exams at no cost to the victims.’’; 

(B) in subsection (b)— 

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

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

(iii) by striking paragraph (3); 

(C) in subsection (c), by striking ‘‘, except that such funds’’ and all that 

follows and inserting a period; and 

(D) by amending 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 the Violence Against Women 

Reauthorization Act of 2012 to come into compliance with this subsection.’’; and 

(4) 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, stalking, or sexual assault’’ and inserting ‘‘domestic violence, dating violence, sexual assault, or stalking’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)), is amended by striking ‘‘$225,000,000 for each of fiscal years 2007 through 2011’’ and inserting ‘‘$222,000,000 for each of fiscal years 2013 through 2017’’. 

SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION 

ORDERS. 

(a) IN GENERAL.—Part U of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3796hh et seq.) is amended— 

(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’’ 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, 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 acVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6621 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
13 

countability, 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 of sexual assault. 

‘‘(20) To provide the following human immunodeficiency virus services for victims of sexual assault: 

‘‘(A) Testing. 

‘‘(B) Counseling. 

‘‘(C) Prophylaxis. 

‘‘(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), respectively, 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 the second occurrence of 

‘‘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), respectively, and adjusting the margin accordingly; 

(III) in clause (ii), as redesignated by subclause (II) 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 second 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 govVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6621 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
14 

ernment, 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 TRIBAL COALITIONS.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for 

grants under section 2001(d) of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796gg(d)). 

‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 percent shall be available 

for projects that address sexual assault, including stranger rape, acquaintance rape, 

alcohol or drug-facilitated rape, and rape within the context of an intimate partner 

relationship.’’; and 

(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 2013 through 2017’’; and 

(2) by striking the second 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 ‘‘victim 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.’’; 

(4) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘subsection (c) has completed’’ and all 

that follows and inserting the following: ‘‘this section—’’ 

‘‘(A) has demonstrated expertise in providing legal assistance or advocacy 

to victims of domestic violence, dating violence, sexual assault, or stalking 

in the targeted population; or 

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

‘‘(ii) has completed, or will complete, training in connection with domestic 

violence, dating violence, stalking, or sexual assault and related legal 

issues, including training on evidence-based risk factors for domestic and 

dating violence homicide;’’; and 

(B) in paragraph (2), by striking ‘‘stalking organization’’ and inserting 

‘‘stalking victim service provider’’; and 

(5) in subsection (f)— 

(A) in paragraph (1), by striking ‘‘this section’’ and all that follows 

through the period at the end and inserting ‘‘this section $57,000,000 for 

each of fiscal years 2013 through 2017.’’; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
15 

(B) in paragraph (2), by adding at the end the following new subparagraph: 

‘‘(D) Of the amount made available under this subsection in each fiscal 

year, not more than 10 percent may be used for purposes described in subsection (c)(3).’’. 

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. 3016), 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 adequate resources in juvenile court matters to respond to domestic violence, dating violence, sexual assault (including child sexual abuse), and 

stalking and ensure necessary services dealing with the physical 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 who are proceeding with the assistance of a legal advocate; and 

‘‘(7) improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system regarding domestic violence, dating violence, sexual assault, stalking, or child 

abuse. 

‘‘(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; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
16 

‘‘(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) if the applicant proposes to operate supervised visitation programs and 

services or safe visitation exchange, 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); 

‘‘(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 victim service provider or coalition, on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes 

training on how to review evidence of past abuse and the use of evidenced-based 

theories to make recommendations on custody and visitation. 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section, $22,000,000 for each of the fiscal years 2013 through 2017. 

Amounts appropriated pursuant to this subsection are authorized to 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 2015 of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3796gg–10). 

‘‘(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. 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) in subsection (c)(2)(A), by striking ‘‘Code of Ethics’’ and inserting 

‘‘Standards for Programs’’; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
17 

(B) by adding at the end the following new subsection: 

‘‘(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 2013 through 2017’’. 

SEC. 106. 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 (2) shall not apply 

to this grant program. 

‘‘(2) PROGRAMS COVERED.—The programs identified in this paragraph are the 

programs carried out under the following provisions: 

‘‘(A) Part T of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (STOP grants). 

‘‘(B) Part U of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (Grants to encourage arrest 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— 

‘‘(A) implementing prevention, outreach, and intervention strategies to 

address the barriers to accessing services; 

‘‘(B) promoting community engagement in the prevention of domestic violence, dating violence, sexual assault, and stalking within the targeted underserved populations; and 

‘‘(C) 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 victim 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; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
18 

‘‘(2) strengthening the capacity of underserved populations to provide population specific 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 annually submit to the Director of the Office on Violence Against Women a report that 

describes the activities carried out with grant funds during the preceding fiscal 

year. 

‘‘(g) 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. 

‘‘(h) 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 the fiscal years 2013 through 2017.’’. 

SEC. 107. 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 amending paragraph (2) of subsection (a) to read as follows: 

‘‘(2) PROGRAMS COVERED.—The programs identified in this paragraph are the 

programs carried out under the following provisions: 

‘‘(A) Part U of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796hh) (Grants to encourage arrest policies). 

‘‘(B) Section 1201 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 40802 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. 108. REDUCTION IN 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— 

(1) in subparagraph (B), by striking ‘‘2014’’ and inserting ‘‘2012’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(C) For each of the fiscal years 2013 and 2014, not less than 75 percent of 

the grant amounts shall be awarded for purposes under subsection (a)(2).’’. 

SEC. 109. ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT TRAINING PROGRAMS. 

Section 40152(c) of the Violence Against Women Act of 1994 (42 U.S.C. 13941(c)) 

is amended by striking ‘‘to carry out this section’’ and all that follows through the 

period at the end and inserting ‘‘to carry out this section $5,000,000 for each of fiscal years 2013 through 2017.’’. 

SEC. 110. 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 through the period at the end 

and inserting ‘‘$2,300,000 for each of fiscal years 2013 through 2017.’’. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
19 

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), by striking ‘‘other programs’’ and all that follows through 

the period at the end 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.’’; 

(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’’; and 

(3) in paragraph (4)— 

(A) in the first sentence— 

(i) by inserting ‘‘and territory’’ after ‘‘each State’’; 

(ii) by striking ‘‘1.50 percent’’ and inserting ‘‘0.75 percent’’; and 

(iii) by striking ‘‘, except that’’ and all that follows through ‘‘of the 

total appropriations’’; and 

(B) in the last sentence, by striking ‘‘the preceding formula’’ and inserting 

‘‘this paragraph’’. 

(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 2013 through 2017’’. 

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 services 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) to develop, expand, or strengthen 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 2013 

through 2017’’. 

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’’; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
20 

(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 2013 through 

2017’’. 

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

LATER LIFE. 

Section 40802 of the Violence Against Women Act of 1994 (42 U.S.C. 14041a) is 

amended to read as follows: 

‘‘SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN 

LATER LIFE. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) The term ‘eligible entity’ means an entity that— 

‘‘(A) is— 

‘‘(i) a State; 

‘‘(ii) a unit of local government; 

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

‘‘(iv) a population specific organization with demonstrated experience 

in assisting individuals in later life; 

‘‘(v) a victim service provider; or 

‘‘(vi) a State, tribal, or territorial domestic violence or sexual assault 

coalition; and 

‘‘(B) is partnered with— 

‘‘(i) a law enforcement agency; 

‘‘(ii) an office of a prosecutor; 

‘‘(iii) a victim service provider; or 

‘‘(iv) a nonprofit program or government agency with demonstrated 

experience in assisting individuals in later life. 

‘‘(2) The term ‘elder abuse’ means domestic violence, dating violence, sexual 

assault, or stalking committed against individuals in later life. 

‘‘(3) The term ‘individual in later life’ means an individual who is 60 years 

of age or older. 

‘‘(b) GRANT PROGRAM.— 

‘‘(1) GRANTS AUTHORIZED.—The Attorney General may make grants to eligible 

entities to carry out the activities described in paragraph (2). In awarding such 

grants, the Attorney General shall consult with the Secretary of Health and 

Human Services to ensure that the activities funded under this section are not 

duplicative with the activities funded under the elder abuse prevention programs of the Department of Health and Human Services. 

‘‘(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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
21 

‘‘(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 2013 through 

2017.’’. 

TITLE III—SERVICES, PROTECTION, AND 

JUSTICE FOR YOUNG VICTIMS OF VIOLENCE 

SEC. 301. RAPE PREVENTION AND 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’’; 

(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 2013 through 

2017’’; and 

(3) in subsection (c), by adding at the end the following new paragraph: 

‘‘(3) FUNDING FORMULA.—Amounts provided under this section shall be allotted to each State, territory, and the District of Columbia based on population. 

If the amounts appropriated under paragraph (1) exceed $48,000,000 in any fiscal year, a minimum allocation of $150,000 shall be awarded to each State and 

territory and the District of Columbia. Any remaining funds shall be allotted 

to each State and territory and the District of Columbia based on population.’’. 

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 (42 

U.S.C. 14043c et seq.) is amended by striking sections 41201 through 41204 and inserting the following: 

‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION 

FOR CHILDREN AND YOUTH (CHOOSE CHILDREN AND 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 to 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 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 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 on youth. 

Funds may be used to— 

‘‘(A) assess and analyze 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, 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
22 

sexual assault, and stalking, as well as homeless youth, and to properly 

refer such children, youth, and their families to appropriate services. 

‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION AND PROTECTION.—To enable 

secondary or elementary schools that serve students in any of grades five 

through twelve and institutions of higher education to— 

‘‘(A) provide training to school personnel, including health care 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 age-appropriate prevention and intervention 

policies in accordance with State law in secondary or elementary schools 

that serve students in any of grades five through twelve, 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 evidence-based educational programs for students regarding 

domestic violence, dating violence, sexual assault, and stalking; or 

‘‘(E) develop strategies to increase identification, support, referrals, and 

prevention programs 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 organization, population 

specific organization, 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 an elementary school or secondary school (as such terms are 

defined in section 9101 of the Elementary and Secondary Education Act of 

1965), charter school (as defined in section 5210 of such Act), a school that 

is operated or supported by the Bureau of Indian Education, or a legally 

operating private 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 such schools, a 

local educational agency (as defined in section 9101(26) of the Elementary 

and Secondary Education Act of 1965), or an institution of higher education 

(as defined in section 101(a) of the Higher Education Act of 1965). 

‘‘(B) OTHER PARTNERSHIPS.—All applicants under this section are encouraged to work in partnership with organizations and agencies that work 

with the relevant youth 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 with 

priority on victim safety and autonomy; 

‘‘(3) ensure that all individuals providing intervention or prevention programs 

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; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
23 

‘‘(4) ensure that parents are informed of the programs funded under this program that are being offered at their child’s school. 

‘‘(e) PRIORITY.—The Attorney General shall prioritize grant applications under 

this section that coordinate with prevention programs in the community. 

‘‘(f) DEFINITIONS AND GRANT CONDITIONS.—In this section, the definitions and 

grant conditions provided for in section 40002 shall apply. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section, $15,000,000 for each of the fiscal years 2013 through 2017. 

‘‘(h) 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 (42 U.S.C. 3796gg–10).’’. 

(b) VAWA GRANT REQUIREMENTS.—Section 40002(b) of the Violence Against 

Women Act of 1994 (42 U.S.C. 13925(b)), as amended by section 3(b)(4), is further 

amended by adding at the end the following: 

‘‘(14) REQUIREMENT FOR EVIDENCE-BASED PROGRAMS.—Any educational programming, training, or public awareness communications regarding domestic violence, dating violence, sexual assault, or stalking that are funded under this 

title must be evidence-based.’’. 

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 ‘‘and’’ after ‘‘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 striking ‘‘assault and stalking,’’ and inserting ‘‘assault, and 

stalking, including the use of technology to commit these crimes,’’; 

(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 provided by 

such program 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 evidence-based educational programming for students regarding domestic violence, dating violence, sexual assault, and stalking. 

‘‘(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 ‘‘2013 

through 2017’’; 

(4) in subsection (d)— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
24 

(A) by striking paragraph (3); 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 ‘‘$12,000,000’’ and all that follows through 

the period and inserting ‘‘$12,000,000 for each of the fiscal years 2013 through 

2017.’’. 

SEC. 304. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. 

(a) ESTABLISHMENT.—Title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new 

part: 

‘‘PART LL—NATIONAL CENTER FOR CAMPUS PUBLIC 

SAFETY 

‘‘SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. 

‘‘(a) AUTHORITY TO ESTABLISH AND OPERATE CENTER.— 

‘‘(1) IN GENERAL.—The Director of the Office of Community Oriented Policing 

Services is authorized to establish and operate a National Center for Campus 

Public Safety (referred to in this section as the ‘Center’). 

‘‘(2) GRANT AUTHORITY.—The Director of the Office of Community Oriented 

Policing Services is authorized to award grants to institutions of higher education and other nonprofit organizations to assist in carrying out the functions 

of the Center required under subsection (b). 

‘‘(b) FUNCTIONS OF THE CENTER.—The center shall— 

‘‘(1) provide quality education and training for campus public safety agencies 

of institutions of higher education and the agencies’ collaborative partners, including campus mental health agencies; 

‘‘(2) foster quality research to strengthen the safety and security of institutions of higher education; 

‘‘(3) serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety, including off-campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures; 

‘‘(4) develop protocols, in conjunction with the Attorney General, the Secretary 

of Homeland Security, the Secretary of Education, State, local, and tribal governments and law enforcement agencies, private and nonprofit organizations 

and associations, and other stakeholders, to prevent, protect against, respond 

to, and recover from, natural and man-made emergencies or dangerous situations involving an immediate threat to the health or safety of the campus community; 

‘‘(5) promote the development and dissemination of effective behavioral threat 

assessment and management models to prevent campus violence; 

‘‘(6) coordinate campus safety information (including ways to increase off-campus housing safety) and resources available from the Department of Justice, the 

Department of Homeland Security, the Department of Education, State, local, 

and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations; 

‘‘(7) increase cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among law enforcement, mental health, 

and other agencies and jurisdictions serving institutions of higher education; 

‘‘(8) develop standardized formats and models for mutual aid agreements and 

memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and 

‘‘(9) report annually to Congress and the Attorney General on activities performed by the Center during the previous 12 months. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
25 

‘‘(c) COORDINATION WITH AVAILABLE RESOURCES.—In establishing the Center, the 

Director of the Office of Community Oriented Policing Services shall— 

‘‘(1) consult with the Secretary of Homeland Security, the Secretary of Education, and the Attorney General of each State; and 

‘‘(2) coordinate the establishment and operation of the Center with campus 

public safety resources that may be available within the Department of Homeland Security and the Department of Education. 

‘‘(d) DEFINITION OF INSTITUTION OF HIGHER EDUCATION.—In this section, the term 

‘institution of higher education’ has the meaning given the term in section 101 of 

the Higher Education Act of 1965 (20 U.S.C. 1001).’’. 

(b) JUSTICE PROGRAM CONSOLIDATIONS.—Effective 30 days after the date of enactment of this section, the Office of Dispute Resolution of the Department of Justice 

and the jurisdiction and employees of such office shall be— 

(1) transferred to the Office of Legal Policy of the Department of Justice; and 

(2) funded through the general administration appropriation of the Office of 

Legal Policy. 

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 ‘‘$1,000,000 for each of 

the fiscal years 2013 through 2017’’. 

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 evidencebased, evidence-informed, or innovative strategies and practices focused on 

youth. Such a program should include— 

‘‘(A) evidence-based age education on domestic violence, dating violence, 

sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the community, or in health care settings; 

‘‘(B) community-based collaboration and training for those with influence 

on youth, such as parents, teachers, coaches, health care providers, faithleaders, 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
26 

and properly refer children exposed and their families to services and violence prevention programs. 

‘‘(3) ENGAGING MEN AS LEADERS AND ROLE MODELS.—To develop, maintain or 

enhance programs that work with men to prevent domestic violence, dating violence, sexual assault, and stalking by helping men to serve as role models and 

social influencers of other men and youth at the individual, school, community 

or statewide levels. 

‘‘(c) ELIGIBLE ENTITIES.—To be 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 nonprofit, 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 nonprofit, nongovernmental organization that has a history of effective work preventing domestic violence, dating 

violence, sexual assault, or stalking and at least one of the following that has 

expertise in serving children exposed to domestic violence, dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, 

or stalking prevention, or engaging men to prevent domestic violence, dating violence, sexual assault, or stalking: 

‘‘(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 nonprofit, 

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) Health care 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 are consistent with the 

best practices developed under section 402 of the Violence Against Women and 

Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b–4) and— 

‘‘(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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
27 

‘‘(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 2013 through 2017. 

‘‘(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 (b). 

‘‘(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 HEALTH 

CARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN THE HEALTH CARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 

STALKING. 

(a) GRANTS.—Section 399P of the Public Health Service Act (42 U.S.C. 280g–4) is 

amended to read as follows: 

‘‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE 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 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; and 

‘‘(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— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
28 

‘‘(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 followup 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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
29 

‘‘(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) 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. 

‘‘(4) APPLICATION.— ‘‘(A) SUBSECTION (a)(1) AND (2) GRANTEES.—An entity desiring a grant 

under paragraph (1) or (2) of subsection (a) shall submit an application to 

the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including— 

‘‘(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. 

‘‘(B) 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 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 

addressing domestic violence, dating violence, sexual assault, or stalking; 

‘‘(iv) with respect to an application for a grant under which the grantee will have contact with patients, a plan, developed in collaboration 

with local victim service providers, to respond appropriately to and 

make correct referrals for individuals who disclose that they are victims 

of domestic violence, dating violence, sexual assault, stalking, or other 

types of violence, and documentation provided by the grantee of an ongoing collaborative relationship with a local victim service provider; 

and 

‘‘(v) with respect to an application for a grant proposing to fund a 

program described in subsection (b)(2)(C)(ii), a certification that any 

sexual assault forensic medical examination and sexual assault nurse 

examiner programs supported with such grant funds will adhere to the 

guidelines set forth by the Attorney General. 

‘‘(d) ELIGIBLE ENTITIES.— 

‘‘(1) IN GENERAL.—To be eligible to receive funding under paragraph (1) or (2) 

of subsection (a), an entity shall be— 

‘‘(A) a nonprofit organization with a history of effective work in the field 

of training health professionals with an understanding of, and clinical skills 

pertinent to, domestic violence, dating violence, sexual assault, or stalking, 

and lifetime exposure to violence and abuse; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
30 

‘‘(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 violence, dating violence, or 

sexual assault 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 2013 through 2017. 

‘‘(h) DEFINITIONS.—Except as otherwise provided in this section, the definitions in 

section 40002 of the Violence Against Women Act of 1994 apply to this section.’’. 

(b) REPEALS.—The following provisions are repealed: 

(1) Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (relating to research on effective interventions to address violence; 42 U.S.C. 13973; 

as added by section 505 of Public Law 109—162 (119 Stat. 3028)) . 

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


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
31 

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) each of the programs under 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)) for insurance of mortgages that bear 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 program or 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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
32 

‘‘(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 PROHIB- ITED.—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 a public housing 

agency or owner or manager of housing assisted under a covered housing program evicts, removes, or terminates assistance to an individual 

under clause (i), and the individual is the sole tenant eligible to receive 

assistance under a covered housing program, the public housing agency 

or owner or manager of housing assisted under the covered housing 

program shall provide any remaining tenant an opportunity to establish eligibility for the covered housing program. If a tenant described 

in the preceding sentence cannot establish eligibility, the public housing agency or owner or manager of the housing shall provide the tenant 

a reasonable time, as determined by the appropriate agency, to find 

new housing or to establish eligibility for housing under another covered housing program. 

‘‘(C) RULES OF CONSTRUCTION.—Nothing in subparagraph (A) shall be 

construed— 

‘‘(i) to limit the authority of a public housing agency or owner or 

manager of housing assisted under a covered housing program, when 

notified of a court order, to comply with a court order with respect to— 

‘‘(I) the rights of access to or control of property, including civil 

protection orders issued to protect a victim of domestic violence, 

dating violence, sexual assault, or stalking; or 

‘‘(II) the distribution or possession of property among members of 

a household in a case; 

‘‘(ii) to limit any otherwise available authority of a public housing 

agency or owner or manager of housing assisted under a covered housing program to evict or terminate assistance to a tenant for any violation of a lease not premised on the act of violence in question against 

the tenant or an affiliated person of the tenant, if the public housing 

agency or owner or manager does not subject an individual who is or 

has been a victim of domestic violence, dating violence, sexual assault, 

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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
33 

‘‘(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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
34 

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, and include such notice in documents required by law to be provided to tenants assisted under a covered housing program. 

‘‘(2) PROVISION.—The applicable public housing agency or owner or manager 

of housing assisted under a covered housing program shall provide the notice 

developed under paragraph (1) to an applicant for or tenant 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; and 

‘‘(C) 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 RELOCATION AND TRANSFERS.—Each appropriate agency shall develop a model emergency relocation and transfer plan for voluntary use by public 

housing agencies and owners or managers of housing assisted under a covered housing program that— 

‘‘(1) allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to relocate or transfer to another available and safe 

dwelling unit assisted under a covered housing program and retain their status 

as tenants under the covered housing program if— 

‘‘(A) the tenant expressly requests to move; 

‘‘(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) the sexual assault, domestic violence, dating violence, or stalking occurred on the premises during the 90-day period preceding the request to 

move; and 

‘‘(C) the tenant has provided documentation as described in subparagraph 

(A), (B), (C) or (D) of subsection (c)(3) if requested by a public housing agency or owner or manager; 

‘‘(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; 

‘‘(3) describes how the appropriate agency will coordinate relocations or transfers between dwelling units assisted under a covered housing program; 

‘‘(4) takes into consideration the existing rules and regulations of the covered 

housing program; 

‘‘(5) is tailored to the specific type of the covered housing program based on 

the volume and availability of dwelling units under the control or management 

of the public housing agency, owner, or manager; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
35 

‘‘(6) provides guidance for use in situations in which it is not feasible for an 

individual public housing agency, owner, or manager to effectuate a transfer. 

‘‘(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 for assistance under section 

8(o)(16) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(16)), assistance 

under such section. 

‘‘(g) IMPLEMENTATION.—The appropriate agency with respect to each covered housing program shall implement this section, as this section applies to the covered 

housing program.’’. 

(b) CONFORMING AMENDMENTS.— 

(1) SECTION 6.—Section 6 of the United States Housing Act of 1937 (42 U.S.C. 

1437d) is amended— 

(A) in subsection (c)— 

(i) by striking paragraph (3); and 

(ii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), 

respectively; 

(B) in subsection (l)— 

(i) in paragraph (5), by striking ‘‘, and that an incident’’ and all that 

follows through ‘‘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’’ and all 

that follows through ‘‘assistance or admission’’; and 

(ii) in subparagraph (B)— 

(I) in clause (ii), by striking ‘‘, and that an incident’’ and all that 

follows through ‘‘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’’ and 

all that follows through ‘‘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 the amendments 

made by 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 or the amendments made by 

this Act. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
36 

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

Chapter 11 of subtitle B of the Violence Against Women Act of 1994 (42 U.S.C. 

13975; as added by section 611 of Public Law 108–21 (117 Stat. 693)) 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’’; 

(C) by striking subsection (f); and 

(D) in subsection (g)— 

(i) in paragraph (1), by striking ‘‘$40,000,000 for each of the fiscal 

years 2007 through 2011’’ and inserting ‘‘$35,000,000 for each of fiscal 

years 2013 through 2017’’; 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 2013 through 2017’’; 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 2013 through 2017’’. 

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 

2013 through 2017’’. 

TITLE VIII—IMMIGRATION PROVISIONS 

SEC. 801. FRAUD PREVENTION INITIATIVES. 

(a) CREDIBLE EVIDENCE CONSIDERED.—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 acting on applications under 

this paragraph, the Attorney General 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).’’. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
37 

(b) APPLICATION OF SPECIAL RULE FOR BATTERED SPOUSE, PARENT, OR CHILD.— Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

amended— 

(1) in subparagraph (A)(iii), by inserting after subclause (II) the following: 

‘‘(III)(aa) Upon filing, each petition under this clause shall be 

transferred to a local office of United States Citizenship and Immigration Services and assigned to an investigative officer for adjudication and final determination of eligibility. 

‘‘(bb) During the adjudication of each petition under this paragraph, an investigative officer from a local office of United States 

Citizenship and Immigration Services shall conduct an in-person 

interview of the alien who filed the petition. The investigative officer may also gather other evidence and interview other witnesses, 

including the accused United States citizen or lawful permanent 

resident, if they consent to be interviewed. 

‘‘(cc) All interviews under this clause shall be conducted under 

oath and subject to applicable penalties for perjury. 

‘‘(dd) Upon the conclusion of the adjudication process under this 

subparagraph, the investigative officer shall issue a final written 

determination to approve or deny the petition. The investigative officer shall not approve the petition unless the officer finds, in writing and with particularity, that all requirements under this paragraph, including proof that the alien is a victim of the conduct described in clause (iii)(I)(bb), have been proven by clear and convincing evidence. 

‘‘(IV) During the adjudication of a petition under this clause— 

‘‘(aa) the petition shall not be granted unless the petition is 

supported by clear and convincing evidence; and 

‘‘(bb) all credible evidence submitted by an accused national 

of the United States or alien lawfully admitted for permanent 

residence shall be considered. 

‘‘(V)(aa) During the adjudication of a petition under this paragraph, the investigative officer at the local office of United States 

Citizenship and Immigration Services shall determine whether any 

Federal, State, territorial, tribal, or local law enforcement agency 

has undertaken an investigation or prosecution of the abusive conduct alleged by the petitioning alien. 

‘‘(bb) If an investigation or prosecution was commenced, the investigative officer shall— 

‘‘(AA) obtain as much information as possible about the investigation or prosecution; and 

‘‘(BB) consider that information as part of the adjudication 

of the petition. 

‘‘(cc) If an investigation or prosecution is pending, the adjudication of the petition 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 petition. 

‘‘(VI)(aa) If an investigative officer makes a written finding that 

the petitioning alien made a material misrepresentation on a petition, during an interview, or during any other aspect of the adjudication— 

‘‘(AA) the alien’s petition shall be denied and the alien shall 

be removed from the country on an expedited basis; 

‘‘(BB) the alien shall be permanently ineligible for any lawful 

immigration status or benefits; 

‘‘(CC) any public assistance or other public benefits received 

by the alien or the alien’s beneficiaries shall be immediately 

discontinued; and 

‘‘(DD) the alien and the alien’s beneficiaries shall not be eligible for any programs or initiatives undertaken by the Department of Homeland Security or any other agency or department to delay or exempt removal, including deferred action. 

‘‘(bb) Upon receiving any evidence of any material misrepresentation on a petition, during an interview, or during any other aspect 

of the adjudication, the appropriate officer of United States Citizenship and Immigration Services and the Secretary of Homeland Security shall— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
38 

‘‘(AA) deny the petition and process the alien for expedited 

removal, pursuant to item (aa)(AA); and 

‘‘(BB) refer the matter and all evidence to the Federal Bureau of Investigation for a criminal investigation. 

‘‘(VII) If a petition filed under this paragraph is denied, any obligations under an underlying affidavit of support previously filed by 

the accused national of the United States or alien lawfully admitted for permanent residence shall be terminated.’’; 

(2) in subparagraph (A)(iv), by adding at the end the following: ‘‘The petition 

shall be adjudicated according to the procedures that apply to self-petitioners 

under clause (iii).’’; 

(3) in subparagraph (A)(vii), by adding at the end the following: ‘‘The petition 

shall be adjudicated according to the procedures that apply to self-petitioners 

under clause (iii).’’; 

(4) in subparagraph (B)(ii), by inserting after subclause (II) the following: 

‘‘(III)(aa) Upon filing, each petition under this clause shall be 

transferred to a local office of United States Citizenship and Immigration Services and assigned to an investigative officer for adjudication and final determination of eligibility. 

‘‘(bb) During the adjudication of each petition under this paragraph, an investigative officer from a local office of United States 

Citizenship and Immigration Services shall conduct an in-person 

interview of the alien who filed the petition. The investigative officer may also gather other evidence and interview other witnesses, 

including the accused United States citizen or lawful permanent 

resident, if they consent to be interviewed. 

‘‘(cc) All interviews under this clause shall be conducted under 

oath and subject to applicable penalties for perjury. 

‘‘(dd) Upon the conclusion of the adjudication process under this 

subparagraph, the investigative officer shall issue a final written 

determination to approve or deny the petition. The investigative officer shall not approve the petition unless the officer finds, in writing and with particularity, that all requirements under this paragraph, including proof that the alien is a victim of the conduct described in clause (ii)(I)(bb), have been proven by clear and convincing evidence. 

‘‘(IV) During the adjudication of a petition under this clause— 

‘‘(aa) the petition shall not be granted unless the petition is 

supported by clear and convincing evidence; and 

‘‘(bb) all credible evidence submitted by an accused national 

of the United States or alien lawfully admitted for permanent 

residence shall be considered. 

‘‘(V)(aa) During the adjudication of a petition under this clause, 

the investigative officer at the local office of United States Citizenship and Immigration Services shall determine whether any Federal, State, territorial, tribal, or local law enforcement agency has 

undertaken an investigation or prosecution of the abusive conduct 

alleged by the petitioning alien. 

‘‘(bb) If an investigation or prosecution was commenced, the investigative officer shall— 

‘‘(AA) obtain as much information as possible about the investigation or prosecution; and 

‘‘(BB) consider that information as part of the adjudication 

of the petition. 

‘‘(cc) If an investigation or prosecution is pending, the adjudication of the petition 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 petition. 

‘‘(VI)(aa) If an investigative officer makes a written finding that 

the petitioning alien made a material misrepresentation on a petition, during an interview, or during any other aspect of the adjudication— 

‘‘(AA) the alien’s petition shall be denied and the alien shall 

be removed from the country on an expedited basis; 

‘‘(BB) the alien shall be permanently ineligible for any lawful 

immigration status or benefits; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
39 

‘‘(CC) any public assistance or other public benefits received 

by the alien or the alien’s beneficiaries shall be immediately 

discontinued; and 

‘‘(DD) the alien and the alien’s beneficiaries shall not be eligible for any programs or initiatives undertaken by the Department of Homeland Security or any other agency or department to delay or exempt removal, including deferred action. 

‘‘(bb) Upon receiving any evidence of any material misrepresentation on a petition, during an interview, or during any other aspect 

of the adjudication, the appropriate officer of United States Citizenship and Immigration Services and the Secretary of Homeland Security shall— 

‘‘(AA) deny the petition and process the alien for expedited 

removal, pursuant to subclause (VI)(aa)(AA); and 

‘‘(BB) refer the matter and all evidence to the Federal Bureau of Investigation for a criminal investigation. 

‘‘(VII) If a petition filed under this clause is denied, any obligations under an underlying affidavit of support previously filed by 

the accused national of the United States or alien lawfully admitted for permanent residence shall be terminated.’’; and 

(5) in subparagraph (B)(iii), by adding at the end the following: ‘‘The petition 

shall be adjudicated according to the procedures that apply to self-petitioners 

under clause (ii).’’. 

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 oath that— 

‘‘(i) the criminal activity is actively under investigation or a prosecution has been commenced; and 

‘‘(ii) the petitioner has provided to law enforcement 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 FIANCE ́ E OR FIANCE ́ OF A CITIZEN. 

(a) IN GENERAL.—Section 214 of the Immigration and Nationality 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 NONIMMIGRANTS.—Section 833 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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
40 

(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.’’. 

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. TEMPORARY NATURE OF U VISA STATUS. 

(a) IN GENERAL.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 

1255) is amended by striking subsection (m). 

(b) DURATION OF NONIMMIGRANT STATUS.—Section 214(p)(6) of such Act (8 U.S.C. 

1184(p)(6)) is amended by striking ‘‘Such alien’s nonimmigrant status shall be extended beyond the 4-year period authorized under this section if the alien is eligible 

for relief under section 245(m) and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during 

the pendency of an application for adjustment of status under section 245(m).’’. 

(c) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETITIONS AND APPLICATIONS.—Section 204(l)(2)(E) of such Act (8 U.S.C. 1154(l)(2)(E)) is amended by striking ‘‘or in ‘U’ nonimmigrant status as described in section 101(a)(15)(U)(ii);’’ and inserting a semicolon. 

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to applications for adjustment of status submitted on or after the date of the enactment of 

this Act, and to previously filed applications that are pending on the date of enactment of this Act. 

SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE BY VICTIMS OF ABUSE. 

Not later than December 1, 2012, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the 

Committee on the Judiciary of the House of Representatives a report that includes 

the following: 

(1) The number of aliens who— 

(A) submitted an application for nonimmigrant status under paragraph 

(15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) during the preceding fiscal year; 

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

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

(2) The mean amount of time and median amount of time to adjudicate an 

application for such nonimmigrant status during such fiscal year. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
41 

(3) The mean amount of time and median amount of time between the receipt 

of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year. 

(4) The number of aliens granted continued presence in the United States 

under section 107(c)(3) of the Trafficking Victims Protection Act of 2000 (22 

U.S.C. 7105(c)(3)) during the preceding fiscal year. 

(5) A description of any actions being taken to reduce the adjudication and 

processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred 

to in paragraph (4). 

(6) The actions being taken to combat fraud and to ensure program integrity. 

(7) Each type of criminal activity by reason of which an alien received nonimmigrant status under section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C 1101(a)(15)(U)) during the preceding fiscal year and the number of occurrences of that criminal activity that resulted in such aliens receiving 

such status. 

SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PETITIONERS. 

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

amended— 

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

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

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

‘‘(F) a child of an alien who filed a pending or approved petition for classification or application for adjustment of status or other benefit specified in 

section 101(a)(51) as a VAWA self-petitioner; or’’. 

SEC. 809. PUBLIC CHARGE. 

Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) is 

amended by adding at the end the following: 

‘‘(E) SPECIAL RULE FOR QUALIFIED ALIEN VICTIMS.—Subparagraphs (A), 

(B), and (C) shall not apply to an alien who— 

‘‘(i) is a VAWA self-petitioner; 

‘‘(ii) is an applicant for, or is granted, nonimmigrant status under 

section 101(a)(15)(U); or 

‘‘(iii) is a qualified alien described in section 431(c) of the Personal 

Responsibility and Work Opportunity Reconciliation Act of 1996 (8 

U.S.C. 1641(c)).’’. 

SEC. 810. AGE-OUT PROTECTION FOR U VISA APPLICANTS. 

Section 214(p) of the Immigration and Nationality Act (8 U.S.C. 1184(p)) is 

amended by adding at the end the following: 

‘‘(7) AGE DETERMINATIONS.— 

‘‘(A) CHILDREN.—An unmarried alien who seeks to accompany, or follow 

to join, a parent granted status under section 101(a)(15)(U)(i), and who was 

under 21 years of age on the date on which such parent petitioned for such 

status, shall continue to be classified as a child for purposes of section 

101(a)(15)(U)(ii), if the alien attains 21 years of age after such parent’s petition was filed but while it was pending. 

‘‘(B) PRINCIPAL ALIENS.—An alien described in clause (i) of section 

101(a)(15)(U) shall continue to be treated as an alien described in clause 

(ii)(I) of such section if the alien attains 21 years of age after the alien’s 

application for status under such clause (i) is filed but while it is pending.’’. 

SEC. 811. HARDSHIP WAIVERS. 

(a) IN GENERAL.—Section 216(c)(4) of the Immigration and Nationality Act (8 

U.S.C. 1186a(c)(4)) is amended— 

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

semicolon; 

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

(3) in subparagraph (C), by striking the period at the end and inserting a 

semicolon and ‘‘or’’; and 

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

‘‘(D) the alien meets the requirements under section 

204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended 

spouse and was not at fault in failing to meet the requirements of paragraph (1).’’. 

(b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1186a(c)(4)), as amended by subsection (a), is further amended— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
42 

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

(2) in the undesignated paragraph at the end— 

(A) in the first sentence, by striking ‘‘Attorney General’’ and inserting 

‘‘Secretary of Homeland Security’’; 

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

‘‘Secretary’’; 

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

‘‘Secretary.’’; and 

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

‘‘Secretary’’. 

SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL SECURITY PURPOSE. 

(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.—Subsection (d) (as added by section 817(4) of the Violence 

Against Women and Department of Justice Reauthorization Act of 2005) of section 

384 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 1996 is amended by striking ‘‘241(a)(2)’’ in the 

matter following subparagraph (F) and inserting ‘‘237(a)(2)’’. 

SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE WITH LAW ENFORCEMENT OFFICIALS. 

(a) REQUIREMENT FOR REPORT.—Not later than three years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report 

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)). 

(b) CONTENTS.—The report required by subsection (a) shall— 

(1) assess the effectiveness of the requirements set out in Section 802 of this 

Act in ensuring that potential U visa recipients aid in the investigation, apprehension, and prosecution of criminals; 

(2) determine the effect of the requirements set out in Section 802 of this Act, 

on the number of U visas issued annually; and 

(3) determine the effect of the requirements set out in Section 802 of this Act, 

on the number of individuals seeking U visas. 

SEC. 814. CONSIDERATION OF OTHER EVIDENCE. 

Section 237(a)(2)(E)(i) of the Immigration and Nationality Act (8 U.S.C. 

1227(a)(2)(E)(i)) is amended by adding at the end the following: ‘‘If the conviction 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
43 

records do not conclusively establish whether a crime of domestic violence constitutes a crime of violence (as defined in section 16 of title 18, United States Code), 

the Attorney General may consider any other evidence that the Attorney General 

determines to be reliable in making this determination, including sentencing reports 

and police reports.’’. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

Section 2015(a) of title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3796gg–10(a)) is amended— 

(1) in paragraph (2), by inserting ‘‘sex trafficking,’’ after ‘‘sexual assault,’’; 

(2) in paragraph (4), by inserting ‘‘sex trafficking,’’ after ‘‘sexual assault,’’; 

(3) in paragraph (5), by striking ‘‘and stalking’’ and all that follows and inserting ‘‘sexual assault, sex trafficking, and stalking;’’; 

(4) in paragraph (7)— 

(A) by inserting ‘‘sex trafficking,’’ after ‘‘sexual assault,’’ each place it appears; and 

(B) by striking ‘‘and’’ at the end; 

(5) in paragraph (8)— 

(A) by inserting ‘‘sex trafficking,’’ after ‘‘stalking,’’; and 

(B) by striking the period at the end and inserting a semicolon; and 

(6) by adding at the end the following: 

‘‘(9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the 

needs of children exposed to domestic violence, dating violence, sexual assault, 

or stalking, including support for the nonabusing parent or the caretaker of the 

child; and 

‘‘(10) develop and promote legislation and policies that enhance best practices 

for responding to violent crimes against Indian women, including the crimes of 

domestic violence, dating violence, sexual assault, sex trafficking, and stalking.’’. 

SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

Section 2001(d) of title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3796gg(d)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (B), by striking ‘‘and’’ at the end; 

(B) in subparagraph (C), by striking the period at the end and inserting 

‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(D) developing and promoting State, local, or tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, stalking, and sex trafficking.’’; and 

(2) in paragraph (2)(B), by striking ‘‘individuals or’’. 

SEC. 903. CONSULTATION. 

Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘and the Violence Against Women Act of 2000’’ and inserting ‘‘, the Violence Against Women Act of 2000’’; and 

(B) by inserting ‘‘, and the Violence Against Women Reauthorization Act 

of 2012’’ 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; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
44 

‘‘(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. 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 2012, 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 2012’’; and 

(4) in paragraph (5), by striking ‘‘this section $1,000,000 for each of fiscal 

years 2007 and 2008’’ and inserting ‘‘this subsection $1,000,000 for each of fiscal 

years 2013 and 2014’’. 

(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 

2013 through 2017’’. 

SEC. 905. ASSISTANT UNITED STATES ATTORNEY DOMESTIC VIOLENCE TRIBAL LIAISONS. 

(a) APPOINTMENT.—The Attorney General is authorized and encouraged to appoint 

the Assistant United States Attorney Tribal Liaison appointed in each judicial district that includes Indian country to also serve as a domestic violence tribal liaison. 

(b) DUTIES.—The duties of a domestic violence tribal liaison appointed under this 

section shall include the following: 

(1) Encouraging and assisting in arrests and Federal prosecution for crimes, 

including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and stalking that occur in Indian country. 

(2) Conducting training sessions for tribal law enforcement officers and other 

individuals and entities responsible for responding to crimes in Indian country 

to ensure that such officers, individuals, and entities understand their arrest 

authority over non-Indian offenders. 

(3) Developing multidisciplinary teams to combat domestic and sexual violence offenses against Indians by non-Indians. 

(4) Consulting and coordinating with tribal justice officials and victims’ advocates to address any backlog in the prosecution of crimes, including misdemeanor crimes, of domestic violence, dating violence, sexual assault, and 

stalking that occur in Indian country. 

(5) Developing working relationships and maintaining communication with 

tribal leaders, tribal community and victims’ advocates, and tribal justice officials to gather information from, and share appropriate information with, tribal 

justice officials. 

(c) INDIAN COUNTRY.—In this section, the term ‘‘Indian country’’ has the meaning 

given such term in section 1151 of title 18. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

such sums as may be necessary to carry out this section. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
45 

TITLE X—CRIMINAL PROVISIONS 

SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL ABUSE. 

(a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 2243(b) of title 18, United 

States Code, is amended to read as follows: 

‘‘(b) OF A WARD.— ‘‘(1) OFFENSES.—It shall be unlawful for any person to knowingly engage, or 

knowingly attempt to engage, in a sexual act with another person who is— 

‘‘(A) in official detention or supervised by, or otherwise under the control 

of, the United States— 

‘‘(i) during arrest; 

‘‘(ii) during pretrial release; 

‘‘(iii) while in official detention or custody; or 

‘‘(iv) while on probation, supervised release, or parole; 

‘‘(B) under the professional custodial, supervisory, or disciplinary control 

or authority of the person engaging or attempting to engage in the sexual 

act; and 

‘‘(C) at the time of the sexual act— 

‘‘(i) in the special maritime and territorial jurisdiction of the United 

States; 

‘‘(ii) in a Federal prison, or in any prison, institution, or facility in 

which persons are held in custody by direction of, or pursuant to a contract or agreement with, the United States; or 

‘‘(iii) under supervision or other control by the United States, or by 

direction of, or pursuant to a contract or agreement with, the United 

States. 

‘‘(2) PENALTIES.—Whoever violates paragraph (1)(A) 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: 

‘‘§ 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) CLERICAL 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 2012, the Secretary of HomeVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6621 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
46 

land 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, or pursuant to an intergovernmental service agreement 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 2012, 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. CRIMINAL PROVISION RELATING TO STALKING, INCLUDING CYBERSTALKING. 

(a) IN GENERAL.—Section 2261A of title 18, United States Code, is amended to 

read as follows: 

‘‘SEC. 2261A. STALKING. 

‘‘(a) Whoever uses the mail, any interactive computer service, or any facility of 

interstate or foreign commerce to engage in a course of conduct or travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction 

of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, or place another person under surveillance with the intent to kill, injure, harass, or intimidate such person and in the 

course of, or as a result of, such travel or course of conduct— 

‘‘(1) places that person in reasonable fear of the death of, or serious bodily 

injury to such person, a member of their immediate family (as defined in section 

115), or their spouse or intimate partner; or 

‘‘(2) causes or attempts to cause serious bodily injury or serious emotional distress to such person, a member of their immediate family (as defined in section 

115), or their spouse or intimate partner; 

shall be punished as provided in subsection (b). 

‘‘(b) The punishment for an offense under this section is the same as that for an 

offense under section 2261, except that if— 

‘‘(1) the offense involves conduct in violation of a protection order; or 

‘‘(2) the victim of the offense is under the age of 18 years or over the age of 

65 years, the offender has reached the age of 18 years at the time the offense 

was committed, and the offender knew or should have known that the victim 

was under the age of 18 years or over the age of 65 years; 

the maximum term of imprisonment that may be imposed is increased by 5 years 

over the term of imprisonment otherwise provided for that offense in section 2261’’. 

(b) CLERICAL AMENDMENT.—The item relating to section 2261A in the table of sections at the beginning of chapter 110A of title 18, United States Code, is amended 

to read as follows: 

‘‘2261A. Stalking.’’. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
47 

SEC. 1004. 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) 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’’. 

SEC. 1005. MANDATORY MINIMUM SENTENCE. 

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

(1) in subsection (a), in the undesignated matter following paragraph (2), by 

striking ‘‘any term of years or life’’ and inserting ‘‘not less than 10 years or imprisoned for life’’; and 

(2) in subsection (b), in the undesignated matter following paragraph (2), by 

striking ‘‘any term of years or life’’ and inserting ‘‘not less than 5 years or imprisoned for life’’. 

Purpose and Summary 

H.R. 4970 reauthorizes the Violence Against Women Act (VAWA) 

grant programs administered by the Department of Justice and the 

Department of Health and Human Services for fiscal years 2013 

through 2017. VAWA established essential programs that support 

efforts to prevent and prosecute the crimes of domestic violence, 

dating violence, sexual assault and stalking, and to provide assistance and services to the victims of these crimes. Over the years, 

its reach has been expanded to help both the young and the elderly. VAWA’s programs support the work of victim advocates, attorneys, counselors, law enforcement personnel, prosecutors, health 

care providers, and emergency shelters. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
48 

1 In FY 2009, FY 2010, and FY 2011, OVW was allocated management and administration 

funding through a separate Department of Justice Salaries and Expense Appropriation. M&A 

expenses include staff salaries and benefits, travel and training expenses, space, telecommunications and other necessary expenses to support the mission of OVW. In FY 2012, OVW’s management and administration (M&A) expenses are not expressly provided for in the Appropriations Act; the joint explanatory statement noted that M&A should be supported with program 

funding. As part of their 2013 Budget Justification, OVW reported that $18,186,000 were allocated for M&A in FY 2012. 

Background and Need for the Legislation 

DOJ AND HHS GRANT PROGRAMS

VAWA was enacted as Title IV of the Violent Crime Control and 

Law Enforcement Act (P.L. 103–322) in 1994. VAWA addresses violence against women by establishing within the Department of Justice (DOJ) and the Department of Health and Human Services 

(HHS) a number of grant programs for state, local and Indian tribal governments. Among other provisions, the Act encourages collaboration among law enforcement, judicial personnel, and public 

and private sector providers to victims of domestic and sexual violence. It also addresses the needs of victims of domestic and sexual 

violence who are elderly, disabled, children, youth, and individuals 

of ethnic and racial communities, including Native Americans. Congress has reauthorized the VAWA grant programs twice in 2000 

and 2006. The VAWA grant programs authorized in 2006 expired 

at the end of FY 2011. 

The Office on Violence Against Women (OVW) was created in 

1995 to provide financial and technical assistance to communities 

in order to develop programs, policies, and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. 

In 2002, Congress established OVW as a separate office within 

DOJ. The goals of OVW are to provide Federal leadership in developing the nation’s capacity to reduce violence against women; and 

to administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking. Since 

its creation in 1995, OVW has awarded over $4.7 billion in grants 

and cooperative agreements. According to the OVW, in 2011, the office awarded 832 grants totaling over $453 million. 

DOJ received $412.5 million in appropriations for Fiscal Year 

2012 for its VAWA grant programs.1 OVW administers three formula-based and 14 discretionary grant programs. The Services, 

Training, Officers, Prosecutors (STOP) Grant Program, the largest 

formula grant program authorized by VAWA, provides funds for effective law enforcement and prosecution strategies to address violent crimes against women, and the development and improvement 

of advocacy and services in cases involving violent crimes against 

women. The Sexual Assault Victims Services Program or SASP 

provides intervention and support services to victims of sexual assault. The State Coalitions Grant Program, a subset of the SASP 

program, provides support to rape crisis centers and other victim 

services. 

VAWA includes a number of discretionary grant programs to 

support victims and hold perpetrators accountable through promoting a coordinated community response. Funding is provided to 

local, state and tribal governments, courts, non-profit organizations, community-based organizations, institutes of higher education, and state and tribal coalitions in support of direct services, 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
49 

2The Family Violence Prevention and Services Act (FVPSA), first authorized in 1984, is the 

only Federal funding source dedicated directly to domestic violence shelters and programs. 

FVPSA expired in 2008. In 2010, Congress passed a bill to reauthorize FVPSA as part of the 

Child Abuse Prevention and Treatment Act (CAPTA) reauthorization through fiscal year 2015. 

crisis intervention, transitional housing, legal assistance to victims, 

court improvement, and training for law enforcement and courts. 

These entities also work with specific populations, such as elder 

victims, persons with disabilities, college students, teens, and culturally-specific populations. HHS received $187.3 million for Fiscal Year 2012 for its grant 

programs established under VAWA, the majority of which are allocated for Domestic Violence Shelters and the Family Violence Prevention and Services Act (FVPSA).2 HHS grants also provide support for the National Domestic Violence Hotline and a number of 

Centers for Disease Control programs to address domestic violence 

and rape prevention. 

H.R. 4970 reauthorizes these important programs for 5 years. 

The funding levels mirror those contained in companion legislation, 

S. 1925, approved by the Senate on April 26, 2012. H.R. 4970 incorporates the vast majority of the program reforms and improvements contained in S. 1925 including consolidation of a number of 

court-training, youth-targeted, and health-related programs and 

streamlined grant application procedures. 

H.R. 4970 provides additional resources for sexual assault investigations, prosecutions, and victim services to bring those resources 

in proportion with victimization rate. The bill provides a 20 percent 

set-aside for sexual assault programs funded under the STOP program and a 25 percent set-aside for sexual assault programs funded under the discretionary Arrest program. The bill increases sexual assault prevention and education funding for territories and 

the District of Columbia through improved formulas for the SASP 

and Rape Prevention and Education (RPE) programs. The bill also 

requires that 75% of funding under the DNA Analysis Backlog 

Elimination Act of 2000 is dedicated to testing rape kits to reduce 

the backlog. Under current law, only 40% of funding is used to actually test these kits. 

H.R. 4970 improves emergency and transitional housing services 

for victims. In certain cases, it is important for victims of domestic 

violence to be transferred or relocated for their protection. VAWA 

housing provisions cover a wide variety of housing programs, administered by multiple agencies with widely different requirements. Properties owned by the private sector are generally separate legal entities (e.g. Section 8 project-based assisted housing and 

Low Income Housing Tax Credit properties). Even where the same 

person or business enterprise is a partner in two properties, they 

are considered separate properties. 

Private owners and managers are not able to transfer residents 

between properties, and are not in a position to assist individuals 

in making alternative housing choices. Public Housing authorities, 

however, generally operate multiple properties and can move tenants fairly easily from one property to another. For Section 8 

voucher recipients, the portability feature of the program already 

permits the voucher holder to move on their own. 

S. 1925 requires the housing provider to assume responsibility 

for these transfers for victims of domestic violence. This is simply 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
50 

not workable or realistic in all types of housing programs. It is burdensome for the owners, who may not even have the authority to 

assume this responsibility. H.R. 4970 makes this provision voluntary rather than mandatory. 

Opponents of H.R. 4970 criticize its omission of specific language 

referencing the Lesbian, Gay, Bisexual and Transgender (LGBT) 

community. Adding ‘‘gender identity’’ and ‘‘sexual orientation’’ as a 

factor for VAWA grants is a significant change in focus from current law. There is nothing in current law or H.R. 4970 that prevents LGBT victims of domestic violence from receiving federallyfunded resources. There is little data to support providing protected 

status to the LGBT community. The study relied upon by our colleagues in the Senate, admittedly the first of its kind, had less 

than a 7% response rate. Of those that did respond, their chief 

complaint was the lack of data collection on LGBT victims. If a 

study whose respondents’ chief complaint is that more information 

is needed, then more research should be conducted before Congress 

legislates a solution in search of a problem. LGBT individuals experience domestic violence at the same rate as heterosexual individuals. If the rate of violence is the same, then the availability of 

funding for services to victims should be the same, and that’s what 

this bill does. 

GRANT ADMINISTRATION AND ACCOUNTABILITY

Audits of DOJ-administered VAWA grants in recent years identified instances of waste, abuse and fraudulent use of grant funds. 

The DOJ Inspector General (IG) has frequently questioned OVW 

grantees’ use of sizeable portions of the grants they received. 

Between 2005 and 2011, the DOJ IG conducted at least 26 audits 

of OVW grant recipients. The audit reports detail a series of violations of grant requirements ranging from very significant amounts 

of unsupported or unallowable expenditures, to sloppy or non-existent required record keeping and failure to file reports accurately 

and in a timely manner. 

Some specific examples of the DOJ IG’s more recent and significant findings touching upon many of OVW’s grant programs include: 

• An August 2011 audit of the Boston, Massachusetts-based 

Jane Doe, Inc., also known as the Massachusetts Coalition 

Against Sexual Assault and Domestic Violence, which received four OVW grants. The mission of Jane Doe is to bring 

together organizations and people committed to ending domestic violence and sexual assault. The goals of the four 

Federal grant-funded programs were to: develop and operate 

a computer system to track domestic violence and sexual assault incidents within Massachusetts; produce a newsletter 

and administer a website to increase Jane Doe’s state-wide 

voice; conduct training via the Jane Doe Training Institute; 

coordinate training for police officers and prosecutors; and 

hire and retain staff to stimulate economic recovery. The IG 

audit concluded that Jane Doe had engaged in: unsupported 

and unallowable personnel expenditures; unallowable or unreasonable non-personnel grant expenditures; and ineffective 

contractor monitoring. The IG questioned as unallowable or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
51 

3 In a December 7, 2011 letter to Congressman Poe responding to his earlier inquiry about 

OVW’s grant management capabilities, the Department attempted to explain why this grantee 

had not misspent any of the grant funds it had received. However, the Department made no 

effort to explain why OVW had not discovered the problems with the management of this grant 

before the IG in the course of its own grant oversight. 4 Id. 

5 According to the DOJ IG, cooperative agreements are subject to the same rules and regulations as grants. Therefore, for purposes of its audit report, cooperative agreements and grants 

are used interchangeably. 6The IG also found over $3 million of questionable or unallowable changes to the 13 OJP 

grants. 7GOVERNMENT ACCOUNTABILITY OFFICE, 2012 Annual Report: Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue, GAO–12–342SP, at 

112 (February 2012). 

unsupportable $638,000 in grant expenditures, or about 47% 

of the $1,341,000 awarded. 

• A July 2010 audit of the Wilmington, Delaware-based Community Legal Aid Society, Inc. (CLASI), which received a 

grant (and two supplements) pursuant to the Legal Assistance for Victims Grant Program. The purpose of the grant 

was to provide legal services to victims of domestic violence, 

sexual assault, and/or stalking. The IG found that nearly 

$830,000 of the $890,000 grant received by CLASI constituted either unsupported or unallowable expenditures.3

• A March 2009 audit of a grant awarded to Asotin County, 

Washington to fund the efforts of Asotin’s Coordinated Community Response Task Force to review mandatory arrest 

policies and ensure best practices are utilized by law enforcement in the pro-active investigation of domestic violence occurrences and the violation of protective orders. The grant 

was administered by the Asotin County Sheriff’s Office. The 

IG questioned as unsupportable or unallowable expenditures 

$477,000 of the $681,000 grant received by Asotin County.4

• An April 2010 audit of 16 DOJ grants and cooperative agreements 5 made to the National District Attorneys Association 

(NDAA). Of the 16 grants, totaling over $16.3 million, 13 

were made by various offices within OJP, and three totaling 

over $4.75 million were made by OVW. The audit found that 

the NDAA did not meet important DOJ grant reporting, expenditure tracking and cost allocation requirements. The 

audit report also found that the NDAA submitted inaccurate 

financial status reports to OJP and OVW. Further, the 

NDAA did not follow standard accounting practices and did 

not maintain adequate internal controls to ensure compliance with grant requirements. With respect to the three 

OVW grants, the IG found over $998,000 in questionable or 

unallowable expenditures.6

Since 2005, the Government Accountability Office (GAO) has 

issued five reports related to DOJ grant program management and 

oversight, often recommending the need for improvements, accountability and simplification and streamlining of processes. A sixth 

GAO report will be available in June 2012. The GAO found in 

FY10 that DOJ offered 56 different grant programs in the area of 

victim assistance. OVW accounted for 15 of those grant programs 

while the rest were offered by OJP. Total victim assistance grants 

amounted to $872 million.7 However, OVW and OJP do not share 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
52 

8 Id. at 114. 9 Id. at 110. 10See sections 201(b)(2)(A)(i) and 204(a)(1)(A)(i) of the INA. 11See sections 203(a)(2) and 204(a)(1)(B)(i)(I) of the INA. 

common oversight in the areas of assessment of internal control 

processes, oversight of monitoring activities, program assessments, 

grants management training and grants management reports. 

‘‘OVW officials stated they intended to require that applicants for 

all of OVW’s programs identify other Federal funding they are receiving beginning in fiscal year 2012. While this is a positive step, 

there is no indication that this information would be shared with 

other granting agencies or whether other granting agencies are 

considering implementing a similar practice.’’ 8

Based on ongoing work, GAO anticipates recommending that the 

Attorney General conduct an assessment to better understand the 

extent to which its grant programs overlap with one another and 

determine if grant programs may be consolidated to mitigate the 

risk of unnecessary duplication. 

H.R. 4970 brings greater accountability to VAWA grant administration and ensures that more taxpayer money is spent on victims 

of domestic violence, dating violence, sexual assault and stalking 

than on Washington bureaucrats. To achieve these goals, this bill 

requires that the Inspectors General of DOJ and HHS conduct an 

annual audit of at least 10 per cent of all VAWA grant recipients. 

The bill prohibits the use of grant funds to lobby Congress, the administration or state legislatures regarding the awarding of grant 

funds and limits the use of funds for OVW salaries and administrative expenses to 5 percent of the annual authorization. 

The 2006 VAWA reauthorization created the Office of Audit, Assessment and Management or OAAM to improve and enhance programmatic oversight for grants administered by DOJ. But the 2006 

bill did not expressly include VAWA grants within OAAM auditing. 

Section 4 of H.R. 4970 does just that, ensuring that VAWA grants 

are subjected to the same oversight as other grants within DOJ. 

H.R. 4970 also requires the Attorney General, in consultation 

with the Secretary of Health and Human Services, to improve the 

coordination of grants within the Department. There are numerous 

grant programs in the various grant-making offices that are redundant, duplicative, or overlap with one another. The Government Accountability Office issued a report in February that found that DOJ 

should improve how it targets nearly $3.9 billion in spending to reduce the risk of potential, unnecessary duplication across the more 

than 11,000 grant awards it makes annually.9 This provision is an 

important first step to reduce unnecessary waste of taxpayer dollars and improve the efficiency of grant administration. 

IMMIGRATION REFORMS TO REDUCE FRAUD, PROTECT THE TRUE VICTIMS OF DOMESTIC VIOLENCE, AND ASSIST POLICE AND PROSECUTORS IN INVESTIGATING CRIMES AND PROSECUTING CRIMINALS

VAWA Self-Petitions 

The Immigration and Nationality Act (‘‘INA’’) allows U.S. citizens 

to petition for their alien spouses, minor sons and daughters and 

parents for permanent residence.10 Permanent residents may petition for their alien spouses and minor children.11 Such aliens who 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
53 

12See section 204(a)(1)(A)(iii), (iv) and (vii) and section 204(a)(1)(B)(ii)-(iii) of the INA. 13See section 1367(a)(2) of the INA. 14See memo from the Office of Programs, Immigration and Naturalization Service, to Regional 

Directors, District Directors, Officers-in-Charge, and Service Center Directors, May 6, 1997. 15Mohen v. Mohen, 11 N.Y.3d 710; 900 N.E.2d 555; 872 N.Y.S.2d 72 (2008). 

are victims of battery or extreme cruelty by their U.S. citizen 

spouses, parents or children, or permanent resident spouses or parents may apply on their own—‘‘self-petition’’—for classification as 

permanent residents.12

Unfortunately, U.S. Citizenship and Immigration Services 

(‘‘USCIS’’) must deal with falsified claims of domestic abuse by selfpetitioners, often after the initial petition filed by their sponsoring 

spouse has been denied for failure to demonstrate a valid marriage. 

The U.S. citizen or permanent resident spouse may have been a 

willing participant in the fraudulent marriage or may have entered 

into it under the illusion it was legitimate. Following the denial, 

the alien spouse then claims abuse and seeks to self-petition—confidentiality protections for domestic violence victims prevent the 

U.S. citizen or permanent resident spouse from presenting evidence 

that counters the alien’s claims of abuse.13

Also, as soon as a self-petition is filed, the adjudication is moved 

to the domestic violence unit at USCIS’s Vermont Service Center 

(‘‘VSC’’).14 The self-petitioner is never interviewed—the VSC is in 

a remote location and it bases its decision primarily on documents 

submitted by the self-petitioner. The U.S. citizen is never interviewed—the confidentiality protection prohibits this. 

An example of fraud in the self-petition process involves a selfpetition that the VSC approved in 2006. Regarding the alleged 

abuse, the Appellate Division of the Supreme Court of New York 

ruled in 2008 that: 

[T]he Supreme Court [of New York] found, with support in 

the record, that the mother, on at least one occasion, had 

filed false charges of physical abuse against the father. Indeed the record was clear that the mother made numerous 

false charges against the father. There were four incidents 

of physical abuse accusations by the mother against the father, in August 2004, December 2004, January 2005, and 

December 2005. All of the Family Court petitions, when 

filed, apparently were withdrawn or dismissed. All of the 

mother’s reports to child protective authorities were investigated and determined to be ‘‘unfounded.’’ Moreover, expert medical testimony in the record strongly suggests 

that, regarding the January 2005 alleged incident, the 

mother manufactured proof of physical injury to herself.15

American citizen Julie Poner has testified before the Senate Judiciary Committee about how she was victimized by the self-petition process: 

Facing deportation for marriage fraud . . . my [alien] husband, a former professional hockey player, at 6 feet, 2 

inches tall and over 200 pounds, self-petitioned as a battered and abused spouse. It was at this point that all communication I’d had with the two [government] trial attorneys stopped, because once an immigrant files [a self petition] they are protected by the Federal Government. ImmiVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00053 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
54 

16The Violence against Women Act: Building on 17 Years of Accomplishments: Hearing Before 

the Senate Committee on the Judiciary, 112th Cong. 13 (2011). 17While it is true that interviews of successful self-petitioners do occur at the later stage of 

applications for adjustment of status to permanent residence. However, the adjustment of status 

adjudicator does not revisit the VAWA self-petition to determine if it was fraudulent. They only 

determine whether the requirements for adjustment of status have been met. 18The Violence against Women Act: Building on 17 Years of Accomplishments at 14. 

gration officials are prohibited from entering into a discussion with the American named in the claim. 

. . . . 

‘‘Over the years I have talked with countless men and 

women who have similar stories to tell, American citizens 

who have lost access to their children, their homes, their 

jobs, and in some cases their freedom because of false allegations of abuse. Currently there are no safeguards in 

place to prevent fraud or to prevent an immigrant from 

fabricating tales of spousal abuse. . . . No one from a 

local USCIS Service Center investigates or conducts a faceto-face interview with the immigrant. The only evidence 

considered is what is submitted by the self-petitioning immigrant, and the entire process is handled via paperwork 

in the Vermont Service Center. . . . [C]laims of battery 

and abuse go unchallenged . . . . [T]he immigrant is presumed to be the victim....16

In order to ensure that fraudulent self-petitions are identified, 

section 801 of the bill provides that 1) all credible evidence relevant 

to the petitions are to be considered by the adjudicator, including 

that provided by the alleged abusive U.S. citizens or permanent 

residents, 2) petitions are to be adjudicated by the local office of 

USCIS, which shall conduct in-person interviews of the aliens who 

filed the petitions and may conduct interviews of the alleged abusive U.S. citizens or permanent residents and of other persons, if 

they consent to be interviewed, and 3) in order to approve a petition, the local USCIS must find that all statutory requirements, including that the aliens were victims of abuse, have been proven by 

clear and convincing evidence. A self-petitioning alien’s whereabouts will not be disclosed to the alleged abusive U.S. citizen or 

permanent resident. Finally, where the self-petitioning alien made 

material misrepresentations in the petition, interview, or elsewhere, the alien’s application shall be denied, the alien shall be removed from the country and be permanently ineligible for any lawful immigration status and the FBI shall be notified. 

The required interviews of self-petitioning aliens and the discretionary interviews of the alleged abusive U.S. citizens or permanent residents are absolutely essential to combat fraud. There is no 

substitute for an in-person interview in order to get to the truth.17

There is no substitute to hearing both sides of a dispute to get at 

the truth—American courts and American juries could not effectively operate any other way. Julie Poner testified as to the necessity of interviews. ‘‘We respectfully ask that you please . . . 

require[] a local USCIS agent to conduct a proper and thorough investigation into these types of cases which would include access to 

interview both spouses in the process.’’ 18 Any potential inconvenVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00054 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
55 

19See sec. 101(a)(15)(U) of the INA. 20See sec. 214(p)(2)(A) of the INA. 21See sec. 214(p)(2)(B) of the INA. 22 Information provided by USCIS. 23 Id. 24See sec. 1513(a)(2) of title V of division B of Pub. L. No. 106–386 (2005). 25See sec. 101(a)(15)(U)(i)(III) of the INA. 

ience is abated by moving the adjudication process out of the VSC 

and into local USCIS offices. 

USCIS’ own model shows that dispersed adjudication officers can 

be trained effectively to handle sensitive applications and victims 

of trauma. Asylum officers stationed around the country are 

trained to make determinations as to whether aliens have suffered 

persecution or have reasonable fears that they will suffer persecution. Asylees have undergone traumatic experiences such as the 

murder of their friends and family, rape, torture and other violence. These issues are just as sensitive and complex as those 

found in domestic violence self-petition cases. 

U Visas 

U visas are temporary visas given to illegal immigrants who 

have been victims of crimes (or attempted crimes) in the U.S., including offenses such as murder, domestic violence, involuntary 

servitude, felonious assault, obstruction of justice and perjury.19

The annual limitation on the award of U visas is 10,000.20 However, this limitation does not apply to the derivative family members of U visa recipients—the spouses and minor children of U visa 

recipients are themselves eligible for U visas, as are the minor siblings and parents of U visa recipients who are minors.21 Since the 

issuance of the first U visa in fiscal year 2009, almost 50,000 illegal 

immigrants have received U visas.22 The number of U visa petitions has been increasing dramatically year by year. In fiscal year 

2009, U visa petitions were submitted for 10,937 illegal immigrants. In 2010, petitions were submitted for 17,160 illegal immigrants; in 2011, petitions were submitted for 26,801. So far in 

2012, petitions have been filed for 12,192 illegal immigrants—at 

this rate, the total will approach 36,576 by the end of the fiscal 

year.23

The U visa program was created in order to allow illegal immigrant victims of crime to stay in the country in order to assist with 

the apprehension and prosecution of criminal perpetrators.24 However, this primary rationale has been poorly served by the current 

U visa program because in order to receive U visas, illegal immigrants are not required to actually provide assistance to police and 

prosecutors, only to be ‘‘likely’’ to be helpful.25 This has limited the 

ability of law enforcement officials and prosecutors to investigate 

and prosecute criminals. 

Therefore, section 802 of the bill makes clear that in order for an 

illegal immigrant to be eligible for a U visa, a law enforcement official must certify that the criminal activity is actively under investigation or a prosecution has commenced, and the petitioner has 

provided law enforcement with information that will assist in identifying the perpetrator of the criminal activity (unless the perpetrator’s identity is already known). These provisions will ensure that 

U visas remain the tools for which they were designed—to assist 

law enforcement in solving crimes and prosecuting criminals. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
56 

26See sec. 214(p)(6) of the INA. 27See sec. 245(m)(1) of the INA. 28 Information provided by the Congressional Research Service. 29See sec. 350 of division C of Pub. L. No. 104–208 (1996), found at sec. 237(a)(2)(E)(i) of the 

INA. 30 Id. 31 130 S. Ct. 1265 (2010). 32 Id. at 1271 (emphasis in original). 

As the primary justification for U visas is to make illegal immigrants available to assist law enforcement in the investigation and 

prosecution of crimes, temporary U visas are sufficient for this purpose. Aliens with U visas can stay in the U.S. as long as law enforcement considers necessary to assist in criminal investigations 

and prosecutions.26

However, current law allows U visa recipients to receive permanent residence after 3 years in U visa status in the U.S. if USCIS 

finds that the aliens’ continued presence in the U.S. is justified on 

humanitarian grounds, to ensure family unity, or is otherwise in 

the public interest.27 USCIS grants 97% of such requests for permanent residence.28 This is not fair to the American people. Neither is the provision of a special pathway to citizenship fair to all 

those millions of immigrants and prospective immigrants who have 

played by the rules. And it makes a mockery of our generous legal 

immigration system. Thus, section 806 of the bill eliminates this 

special access to permanent residence. 

Deportation for Aliens Convicted of Domestic Violence 

In 1996, Congress made it a deportable offense for ‘‘[a]ny alien 

[to be] convicted of a crime of domestic violence. . . .’’ 29 The Immigration and Nationality Act defines the term ‘‘crime of domestic violence’’ to be any crime of violence (as defined in section 16 of title 

18 of the U.S. Code) committed by a current or former spouse or 

certain other family members.30

Section 16 in turn defines a crime of violence as ‘‘an offense that 

has as an element the use, attempted use, or threatened use of 

physical force against the person or property of another . . . or any 

other offense that is a felony and that, by its nature, involves a 

substantial risk that physical force against the person or property 

of another may be used in the course of committing the offense.’’ 

As a result of a number of Supreme Court decisions, many aliens 

who such commit domestic violence can frustrate their deportations. In the 2010 decision of Johnson v. U.S.,31 the Court ruled 

that the term ‘‘physical force’’ must mean ‘‘violent force—that is, 

force capable of causing physical pain or injury to another person.’’ 32 The Court stated: 

[T]he government asserts that our interpretation will 

make it more difficult to remove . . . an alien convicted of 

a ‘‘crime of domestic violence.’’ . . . The Government contends it will be harder to obtain removal based upon battery convictions that, like those in Florida, do not require 

the use of violent physical force. The dissent likewise anticipates that in the States it has identified . . . as having 

generic felony-battery statutes that cover both violent force 

and unwanted physical contact, our decision will render 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
57 

33 Id. at 1273 (citation omitted). 34 Id. at 1278 (Alito, J., dissenting). 35See Matter of Velasquez, 25 I&N Dec. 278 (BIA 2010). 36See Johnson at 1273. 37 Id. at 1278 (Alito, J., dissenting). 38See 544 U.S. 13, 16 (2005). 

convictions under those statutes . . . ‘‘outside the scope of 

[deportation].’’ 33

As Justice Alito argued in dissent: 

Cases of spousal and child abuse are frequently prosecuted 

under generally applicable assault and battery statutes 

. . . and . . . the assault and battery statutes of almost 

half the States apply both to cases involving the use of violent force and cases involving offensive touching. . . . [I]f 

the Court’s interpretation of the term ‘‘physical force’’ is 

applied to [the deportation for domestic violence statute], 

many convicted spousal and child abusers will escape removal....34

This is exactly what has happened. The Board of Immigration 

Appeals has since ruled that aliens cannot be deported simply by 

virtue of convictions for domestic violence offenses that don’t specify the level of physical violence used.35

The Supreme Court in Johnson did state that ‘‘a court [may] determine which statutory phrase was the basis for the conviction by 

consulting the trial record—including charging documents, plea 

agreements, transcripts of plea colloquies, findings of fact and conclusions of law from a bench trial, and jury instructions and verdict 

forms.’’ 36

However, as Justice Alito stated in dissent, it will ‘‘often be impossible’’ for the government to produce trial records showing that 

the offender’s conduct involved the use of violent force, as ‘‘charging 

documents frequently simply track the language of the statute, and 

jury instructions often do not require juries to draw distinctions 

based on the type of force that the defendant employed.’’ 37 And in 

the 2005 decision of Shepard v. U.S., the Supreme Court interpreted a particular statute to not allow a judge to look to documents such as police reports or complaint applications in similar 

scenarios.38

In response, section 814 of the bill allows immigration judges to 

consider all evidence they find reliable in making a determination 

as to whether an alien batterer used sufficient violent force to justify deportation under the INA. They will be able to use documents 

like police reports and sentencing reports, which they cannot use 

currently. 

RESOURCES TO ADDRESS VIOLENCE AGAINST INDIAN WOMEN

Title IX of H.R. 4970 reauthorizes two grant programs to Indian 

tribal governments and tribal coalitions specifically targeted at 

curbing domestic violence, sexual assault, dating violence, and 

stalking in Indian country. Title IX also includes a report to Congress from DOJ on its annual consultation with Indian tribal governments on the administration VAWA program in Indian country. 

This title also expands an ongoing study of violence committed 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
58 

39 CONGRESSIONAL RESEARCH SERVICE, Tribal Criminal Jurisdiction over Non-Indians in 

VAWA and the SAVE Act, CRS R42488, at 7 (May 2012). 40 Id. 

against Indian women to include women in Alaska Native Villages 

and sex trafficking crimes. 

Opponents of H.R. 4970 criticize the legislation for omitting two 

unconstitutional provisions approved by the Senate in S. 1925. Unfortunately, proponents of these provisions are willing to place election-year politics above the rule of law. S. 1925 grants Indian Tribal governments jurisdiction to issue civil protection orders against 

and prosecute non-Indians for domestic violence and dating violence offenses against Indians occurring within Indian Country. 

Current law allows Indian tribes to issue civil protection orders 

against and prosecute crimes committed by any Indian (even if not 

a member of the prosecuting tribe) in the Indian Country of that 

tribe, but it does not allow the tribes to issue protection orders 

against or criminally prosecute non-Indians. 

Indian tribes are not foreign nations but rather ‘‘domestic dependent nations’’ within the United States. Indian tribes are not 

parties to the U.S. Constitution and derive neither powers nor obligations from it. Tribes are therefore not subject to the government 

limitations enumerated in the Constitution, either directly via the 

Bill of Rights or through the Incorporation Clause of the 14th 

Amendment. The Supreme Court, in Oliphant v. Suquamish Indian Tribe (435 U.S. 191 (1978)), held the tribes do not have inherent sovereignty to try non-Indians. 

It is an unsettled question of constitutional law whether Congress has the authority under the Indian Commerce Clause to recognize inherent tribal sovereignty over non-Indians. As the Congressional Research Service notes, Congress may ‘‘not have authority to subject citizens to inherent tribal criminal authority.’’ 39 However, ‘‘it is possible that the courts would uphold tribal authority 

to try [non-Indian] defendants as a delegation of Federal authority.’’ 40

If Congress acts to delegate its authority to Indian tribes, then 

tribes would be required to provide defendants full constitutional 

rights. If, instead, Congress acts to recognize the tribes’ ‘‘inherent’’ 

sovereign authority, then the Constitution does not apply. Criminal 

defendants would therefore have to rely upon statutory protections 

under the Indian Civil Rights Act (ICRA), enacted in 1968, and the 

Tribal Law and Order Act (TLOA), enacted in 2010. S. 1925 

achieves its goal of tribal jurisdiction over non-Indian defendants 

by recognizing ‘‘inherent’’ sovereign authority rather than by delegating Federal authority. Therefore, only ICRA and TLOA apply. 

ICRA and TLOA protections are similar to the Bill of Rights, but 

not identical. Moreover, the Supreme Court noted in Nevada v. 

Hicks (533 U.S. 353 (2001)), that ‘‘there is a definite trend by tribal 

courts toward the view that they have leeway in interpreting the 

ICRA’s due process and equal protection clauses and need not follow the U.S. Supreme Court precedents jot-for-jot.’’ 

Therefore, tribes have discretion as to whether or how to implement the statutory rights in ICRA and TLOA. If signed into law, 

this would be the first time that Indian Tribal governments have 

civil and criminal jurisdiction over non-Indians and there are legitimate Constitutional concerns. Non-Indians tried within the Indian 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
59 

41Letter from Mr. Ronald Weich, Assistant Attorney General, U.S. Dept. of Justice, to the Honorable Joseph R. Biden, Jr., President, U.S. Senate, Attachment 2 at 8 (July 2011). 42Larry Long et al., Understanding Contextual Differences in American Indian Criminal Justice, 32 AMER. INDIAN CULTURE & RESEARCH J. 4, 41 (2008). 43 Id. at 45. 44 Id. 

Tribal government system would not be guaranteed their full constitutional rights, including their right to court-appointed counsel 

and their right to trial by an impartial trial by a jury of their 

peers. Even DOJ acknowledges that under this proposal, a defendant tried and punished in the tribal court would have ‘‘no direct 

right of appeal to a Federal court’’ 41 meaning they could not assert 

a denial of a right except through a habeas corpus petition. 

Habeas relief is inadequate. Defendants would have no right to 

challenge a constitutional violation pre-trial, such as the sufficiency 

of probable cause to arrest and try the defendant, or the ability to 

exclude from trial evidence obtained in violation of the 4th amendment. Therefore, illegitimate prosecutions based on illegally-obtained evidence can proceed with only an ‘‘after-the-fact’’ remedy. 

Habeas relief would also require the non-Indian defendant to exhaust all tribal appeals before pursuing habeas relief in Federal 

court. 

The civil jurisdiction provision of S. 1925 also raises due process 

concerns. The Supreme Court has held that due process requires 

that a defendant have ‘‘minimum contacts’’ with a jurisdiction 

‘‘such that the maintenance of the suit [in the jurisdiction] does not 

offend traditional notions of fair play and substantial justice.’’ 

The justification for why these provisions are necessary is also 

questionable. Proponents of these provisions tout unverifiable statistics about the rate of non-Indian violence against Indian women 

on Indian land, claiming that 88 percent of the perpetrators of violence against Indians are non-Indians. The two principal reports 

relied on by proponents of the tribal jurisdictional changes in S. 

1925 were prepared by the Bureau of Justice Statistics. A 1999 

BJS study found that 70 percent of all crimes against Indians were 

committed by non-Indian offenders. A second BJS study, published 

in 2004, found that 66 percent of crimes against Indians were committed by a non-Indian. 

But a published 2008 study by the South Dakota Attorney General (SDAG) demonstrates the inaccuracy of this data.42 According 

to the SDAG study, these two reports suffered two design flaws. 

First, the researchers ‘‘ignored Federal case data . . . on American 

Indian crime.’’ 43 The Attorney General noted this was a ‘‘serious 

error of omission.’’ 44 Second, researchers relied primarily upon 

data from the National Crime Victim Survey rather than the Uniform Crime Report. When the SDAG recalculated South Dakota 

data using both state and Federal crime data for intentional homicide and forcible rape, the results were dramatically different than 

those of the BJS studies. 

While the BJS studies claimed that the rate of Indian homicides 

by non-Indian offenders was 42 percent, the SDAG study found 

that the rate of Indian homicides by Indian offenders was 92 percent. The BJS studies claimed that the rate of Indian rape or sexual assault by non-Indian offenders ranged between 80 and 88 percent (1999 = 82 percent white offenders, 6 percent black offenders; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
60 

2004 = 4 out of 5 offenders non-Indian). The SDAG data showed 

that 69 percent of these crimes were, in fact, intra-racial. 

In 2011, the FBI’s Indian Country Crimes Unit conducted a 

‘‘snapshot’’ study of crimes reported within six FBI Safe Trails 

Task Force locations over a 60-day period on ten different reservations around the country. Over 30,000 calls were analyzed. Of 

these, 650 were domestic violence-related. Of those 650, four (4) 

calls involved an identified non-Indian offender. 

Over the last year, the FBI and Bureau of Indian Affairs (BIA) 

have begun reviewing 20 years’ worth of crime reports across 6 different reservations as part of the President’s High Priority Performance Goal (HPPG) Initiative. Based on the review of tens of 

thousands of reports, the rate of non-Indian domestic violence 

against Indian victims is consistent with the FBI’s ‘‘snapshot’’ 

study. It is the BIA’s opinion that non-native domestic violence offenders represent a very small percentage of domestic violence-reported crimes in Indian Country. 

In meetings with committee staff, both the Justice Department 

and Indian tribe representatives acknowledge that the non-Indian 

DV offender statistics previously relied upon as justification for 

granting tribes criminal jurisdiction of non-Indian defendants are 

flawed. But they ‘‘assume’’ that domestic violence is occurring within inter-racial relationships in Indian country. 

The data demonstrates that the vast majority of domestic violence in Indian country is intra-racial. In an effort to target additional resources to combat violence against Indian women, we were 

pleased to work with the gentleman from Virginia, Mr. Scott, on an 

amendment unanimously approved in markup. This provision provides additional resources to investigate and prosecute domestic violence in Indian Country. The amendment expands the duties of 

the Assistant United States Attorney Tribal Liaisons to provide 

greater focus on domestic violence in Indian country. These domestic violence tribal liaisons are required to encourage and assist in 

arrests and prosecutions of domestic violence, dating violence, sexual assault, and stalking, including misdemeanor offenses, that 

occur in Indian country; provide training for tribal law enforcement 

officers; and work to address any backlog of these crimes that occur 

in Indian country. 

ENHANCED CRIMINAL PENALTIES

Title X of H.R. 4970 enhances penalties for sexual abuse, stalking and sexual assault. The bill expands existing offense of sexual 

abuse of a minor or ward to prohibit a person who has supervisory 

or custodial authority over a person who is under arrest, on pretrial release, on probation, or otherwise under supervision pending 

further judicial proceedings from engaging in sexual activity with 

the person who is under his or her supervisory or custodial authority. 

The penalties for criminal civil rights violations involving sexual 

abuse are made consistent with the penalties for sexual abuse in 

other Federal statutes. Currently, civil rights violations involving 

sexual abuse are punished only as misdemeanors, even though the 

same sexual misconduct would result in serious felony penalties 

under other Federal statutes if it occurred on Federal land or was 

within other Federal jurisdiction. The bill also provides that if in 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
61 

the course of committing a civil rights violation enumerated in 

Chapter 13 of Title 18 of the United States Code (including section 

901 of the Fair Housing Act (42 U.S.C. 3631)), a person engages 

in conduct that would constitute a sexual abuse offense under 

Chapter 109A of title 18 of the United States Code, will be subject 

to the applicable penalties under that chapter. 

H.R. 4970 increases Federal assault penalties and rewrites the 

Federal stalking statute, 18 U.S.C. § 2261A, and adds additional 

penalties for stalking against vulnerable victims or in violation of 

a protection order. The bill also adds mandatory penalties under 

the Federal aggravated sexual abuse statute. The current penalty 

for this offense is ‘‘any term of years or life, or both.’’ H.R. 4970 

imposes a 10 year mandatory penalty for forcible rape and a 5 year 

mandatory penalty for rape committed by other means, i.e., rendering a person unconscious or inducing incapacitation by a drug 

or intoxicant. 

Hearings 

The Committee on the Judiciary’s Subcommittee on Crime, Terrorism and National Security held a hearing on the Office on Violence Against Women on February 16, 2012. Testimony was received from Susan Carbon, Director of the Department of Justice’s 

Office on Violence Against Women. The Committee on the Judiciary held no legislative hearings on H.R. 4970. 

Committee Consideration 

On May 8, 2012, the Committee met in open session and ordered 

the bill H.R. 4970 favorably reported with an amendment, by a 

rollcall vote of 17 to 15, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

4970. 

1. An amendment offered by Mr. Poe to strike the provision requiring U visa applicants to have reported criminal activity they 

were victim of within 60 days of its occurrence and requiring that 

the statute of limitations for prosecuting an offense based on the 

criminal activity had not lapsed. Approved 30–0. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ...........................................................................

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................ X 

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 

Mr. Issa .................................................................................................. X 

Mr. Pence ...............................................................................................


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
62 

ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan ..............................................................................................

Mr. Poe ................................................................................................... X 

Mr. Chaffetz ........................................................................................... X 

Mr. Griffin .............................................................................................. X 

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................ X 

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters ............................................................................................. X 

Mr. Cohen ...............................................................................................

Mr. Johnson, Jr. ......................................................................................

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 30 0 

2. An amendment offered by Ms. Lofgren and Mr. Berman to replace the immigration title of the bill with language from the immigration title of S. 1925. Defeated 12–17. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 

Mr. Issa .................................................................................................. X 

Mr. Pence ...............................................................................................


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
63 

ROLLCALL NO. 2—Continued 

Ayes Nays Present 

Mr. Forbes ..............................................................................................

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan .............................................................................................. X 

Mr. Poe ................................................................................................... X 

Mr. Chaffetz ........................................................................................... X 

Mr. Griffin ..............................................................................................

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle .............................................................................................. X 

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................ X 

Mr. Nadler .............................................................................................. X 

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee .....................................................................................

Ms. Waters ............................................................................................. X 

Mr. Cohen ...............................................................................................

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu .................................................................................................. X 

Mr. Deutch .............................................................................................

Ms. Sa ́ nchez ...........................................................................................

Mr. Polis .................................................................................................

Total ..................................................................................... 12 17 

3. An amendment offered by Mr. Nadler, Mr. Polis, and Mr. 

Quigley to add a purpose area to the STOP Grants authorized 

under Part T of Title I of the Omnibus Crime Control and Safe 

Streets Act of 1968. Defeated 12–15. 

ROLLCALL NO. 3 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................

Mr. Goodlatte .........................................................................................

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 

Mr. Issa ..................................................................................................


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
64 

ROLLCALL NO. 3—Continued 

Ayes Nays Present 

Mr. Pence ...............................................................................................

Mr. Forbes .............................................................................................. X 

Mr. King .................................................................................................

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan .............................................................................................. X 

Mr. Poe ................................................................................................... X 

Mr. Chaffetz ...........................................................................................

Mr. Griffin .............................................................................................. X 

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross .................................................................................................

Ms. Adams ............................................................................................. X 

Mr. Quayle .............................................................................................. X 

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................

Mr. Nadler .............................................................................................. X 

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters ............................................................................................. X 

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ......................................................................................

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis .................................................................................................

Total ..................................................................................... 12 15 

4. An amendment offered by Mr. Quigley, Mr. Polis, and Mr. 

Nadler to amend the definition of ‘‘underserved populations’’ in Section 3. Defeated 13–16. 

ROLLCALL NO. 4 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 

Mr. Issa ..................................................................................................


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
65 

ROLLCALL NO. 4—Continued 

Ayes Nays Present 

Mr. Pence ...............................................................................................

Mr. Forbes ..............................................................................................

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan .............................................................................................. X 

Mr. Poe ...................................................................................................

Mr. Chaffetz ........................................................................................... X 

Mr. Griffin ..............................................................................................

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle .............................................................................................. X 

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters ............................................................................................. X 

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 13 16 

5. An amendment offered by Ms. Jackson-Lee to authorize audits 

of untested rape kits under the DNA Analysis Backlog Elimination 

Act of 2000. Defeated 12–16. 

ROLLCALL NO. 5 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot .............................................................................................

Mr. Issa ..................................................................................................


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
66 

ROLLCALL NO. 5—Continued 

Ayes Nays Present 

Mr. Pence ............................................................................................... X 

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan .............................................................................................. X 

Mr. Poe ...................................................................................................

Mr. Chaffetz ........................................................................................... X 

Mr. Griffin .............................................................................................. X 

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross .................................................................................................

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters ............................................................................................. X 

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 12 16 

6. An amendment offered by Mr. Deutch, Ms. Chu, and Mr. Polis 

to strike section 801, amending the self-petition process for permanent residence. Defeated 11–17. 

ROLLCALL NO. 6 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................ X 

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 

Mr. Issa .................................................................................................. X 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
67 

ROLLCALL NO. 6—Continued 

Ayes Nays Present 

Mr. Pence ...............................................................................................

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ........................................................................................... X 

Mr. Jordan ..............................................................................................

Mr. Poe ................................................................................................... X 

Mr. Chaffetz ........................................................................................... X 

Mr. Griffin .............................................................................................. X 

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross .................................................................................................

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei .............................................................................................

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters .............................................................................................

Mr. Cohen ...............................................................................................

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley .............................................................................................

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 11 17 

7. An amendment by Ms. Jackson Lee, Ms. Lofgren and Mr. 

Polis to strike section 801, amending the self-petition process for 

permanent residence, sections 802 and 806, amending the U visa 

program, and section 813, calling for a GAO report on the U visa 

program. Defeated 10–15. 

ROLLCALL NO. 7 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................ X 

Mr. Gallegly ............................................................................................ X 

Mr. Goodlatte .........................................................................................

Mr. Lungren ............................................................................................


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
68 

ROLLCALL NO. 7—Continued 

Ayes Nays Present 

Mr. Chabot ............................................................................................. X 

Mr. Issa .................................................................................................. X 

Mr. Pence ...............................................................................................

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ........................................................................................... X 

Mr. Jordan .............................................................................................. X 

Mr. Poe ...................................................................................................

Mr. Chaffetz ........................................................................................... X 

Mr. Griffin ..............................................................................................

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei .............................................................................................

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt .................................................................................................

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters .............................................................................................

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ......................................................................................

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley .............................................................................................

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 10 15 

8. An amendment by Mr. Pierluisi and Ms. Jackson Lee to allocate additional U visas. Defeated 11–12. 

ROLLCALL NO. 8 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................

Mr. Gallegly ............................................................................................ X 

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
69 

ROLLCALL NO. 8—Continued 

Ayes Nays Present 

Mr. Issa ..................................................................................................

Mr. Pence ...............................................................................................

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan ..............................................................................................

Mr. Poe ...................................................................................................

Mr. Chaffetz ...........................................................................................

Mr. Griffin ..............................................................................................

Mr. Marino .............................................................................................. X 

Mr. Gowdy ..............................................................................................

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei .............................................................................................

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt .................................................................................................

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters .............................................................................................

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 11 12 

9. An amendment offered by Mr. Polis, Mr. Nadler, Mr. Quigley, 

Ms. Waters, and Ms. Chu to amend the nondiscrimination grant 

condition in Section 3. Defeated 14–18. 

ROLLCALL NO. 9 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................

Mr. Gallegly ............................................................................................ X 

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
70 

ROLLCALL NO. 9—Continued 

Ayes Nays Present 

Mr. Issa .................................................................................................. X 

Mr. Pence ...............................................................................................

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan .............................................................................................. X 

Mr. Poe ................................................................................................... X 

Mr. Chaffetz ...........................................................................................

Mr. Griffin .............................................................................................. X 

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................ X 

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters ............................................................................................. X 

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 14 18 

10. Motion to report H.R. 4970, as amended, favorably to the 

House. Motion agreed to, 17–15. 

ROLLCALL NO. 10 

Ayes Nays Present 

Mr. Smith, Chairman ............................................................................. X 

Mr. Sensenbrenner, Jr. ........................................................................... X 

Mr. Coble ................................................................................................

Mr. Gallegly ............................................................................................ X 

Mr. Goodlatte ......................................................................................... X 

Mr. Lungren ............................................................................................ X 

Mr. Chabot ............................................................................................. X 

Mr. Issa .................................................................................................. X 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
71 

ROLLCALL NO. 10—Continued 

Ayes Nays Present 

Mr. Pence ...............................................................................................

Mr. Forbes .............................................................................................. X 

Mr. King ................................................................................................. X 

Mr. Franks .............................................................................................. X 

Mr. Gohmert ...........................................................................................

Mr. Jordan .............................................................................................. X 

Mr. Poe ................................................................................................... X 

Mr. Chaffetz ...........................................................................................

Mr. Griffin .............................................................................................. X 

Mr. Marino .............................................................................................. X 

Mr. Gowdy .............................................................................................. X 

Mr. Ross ................................................................................................. X 

Ms. Adams ............................................................................................. X 

Mr. Quayle ..............................................................................................

Mr. Amodei ............................................................................................. X 

Mr. Conyers, Jr., Ranking Member ......................................................... X 

Mr. Berman ............................................................................................ X 

Mr. Nadler ..............................................................................................

Mr. Scott ................................................................................................ X 

Mr. Watt ................................................................................................. X 

Ms. Lofgren ............................................................................................ X 

Ms. Jackson Lee ..................................................................................... X 

Ms. Waters ............................................................................................. X 

Mr. Cohen ............................................................................................... X 

Mr. Johnson, Jr. ...................................................................................... X 

Mr. Pierluisi ............................................................................................ X 

Mr. Quigley ............................................................................................. X 

Ms. Chu ..................................................................................................

Mr. Deutch ............................................................................................. X 

Ms. Sa ́ nchez ........................................................................................... X 

Mr. Polis ................................................................................................. X 

Total ..................................................................................... 17 15 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
72 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 4970, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 11, 2012. 

Hon. LAMAR SMITH, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4970, the ‘‘Violence 

Against Women Reauthorization Act of 2012.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 4970—Violence Against Women Reauthorization Act 

of 2012. 

As ordered reported by the House Committee on the Judiciary on 

May 8, 2012. 

SUMMARY

H.R. 4970 would authorize the appropriation of close to $660 million annually over the 2013–2017 period for programs in the Department of Justice (DOJ) and the Department of Health and 

Human Services (HHS) to combat violence against women. In addition, H.R. 4970 would establish new Federal crimes and broaden 

the coverage of existing crimes relating to violence against women. 

Finally, the bill would reduce the number of individuals with legal 

permanent resident (LPR) status, which would effectively decrease 

direct spending in a number of programs. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 4970 would cost about $2.2 billion 

over the 2013–2017 period. Enacting the legislation would affect direct spending and revenues; therefore, pay-as-you-go procedures 

apply. CBO estimates that enacting the bill would reduce direct 

spending by $429 million (including $33 million that would be classified as off-budget savings) and increase revenues by $7 million 

over the 2013–2022 period. 

CBO has not reviewed a provision in section 3 of H.R. 4970 for 

intergovernmental or private-sector mandates since that provision 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
73 

prohibits discrimination on the basis of race, color, religion, national origin, sex, or disability. Section 4 of the Unfunded Mandates Reform Act (UMRA) excludes from the application of that act 

any legislative provision that establishes or enforces statutory 

rights prohibiting such discrimination. 

Other provisions of H.R. 4970 would impose no intergovernmental mandates as defined in UMRA. The bill would, however, 

impose private-sector mandates as defined in UMRA on brokers of 

international marriage and certain supervisors over persons under 

official control of the United States. CBO estimates that the cost 

of those mandates would fall well below the annual threshold established in UMRA ($146 million in 2012, adjusted annually for inflation). 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 4970 is shown in the following table. The costs of this legislation fall within budget functions 500 (education, training, employment, and social services), 

550 (health), 570 (Medicare), 600 (income security), 650 (social security), 750 (administration of justice), and 800 (general government). 

By Fiscal Year, in Millions of Dollars 

2013 2014 2015 2016 2017 2013– 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

DOJ Programs 

Authorization Level 589 589 589 589 589 2,945 

Estimated Outlays 130 306 424 512 589 1,961 

HHS Program 

Authorization Level 65 65 65 65 65 325 

Estimated Outlays 24 54 61 63 63 265 

Other Programs 

Estimated Authorization Level 3 2 1 1 1 8 

Estimated Outlays 3 2 1 1 1 8 

Total Changes 

Estimated Authorization Level 657 656 655 655 655 3,278 

Estimated Outlays 157 362 486 576 653 2,234 

CHANGES IN DIRECT SPENDING1

Estimated Budget Authority 0 –5 –9 –14 –19 –47 

Estimated Outlays 0 –5 –9 –14 –19 –47 

Note: DOJ = Department of Justice; HHS = Department of Health and Human Services. 

1. CBO estimates that enacting H.R. 4970 would reduce direct spending by $429 million over the 2013– 

2022 period. Included in that estimated decrease in direct spending is $33 million that would be recorded 

as a change in off-budget spending. Enacting the bill also would increase revenues by $7 million over the 

2013–2022 period. 

BASIS OF ESTIMATE

For this estimate, CBO assumes that the bill will be enacted in 

2012, that the necessary amounts will be provided each year, and 

that spending will follow historical patterns for similar activities. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
74 

Spending Subject to Appropriation 

H.R. 4970 would authorize the appropriation of $589 million annually over the 2013–2017 period for DOJ to make grants to State, 

local, and tribal governments and nonprofit organizations for programs to reduce violence against women. Activities authorized by 

the bill include legal assistance for victims, outreach services for 

victims of rural domestic violence, and training for investigators 

and prosecutors of sexual assault crimes. CBO estimates that implementing those programs would cost about $2 billion over the 

2013–2017 period. 

H.R. 4970 also would authorize the appropriation of $65 million 

annually over the 2013–2017 period for several grant programs administered by HHS. The legislation would authorize grants for rape 

prevention and education programs, programs to educate health 

professionals who address domestic violence and other crimes, and 

collaborative grants to assist homeless victims. CBO estimates that 

implementing those programs would cost $265 million over the 

2013–2017 period. 

In addition, H.R. 4970 would require DOJ, the Department of 

Homeland Security, and the Government Accountability Office to 

carry out certain studies concerning efforts to combat violence 

against women. Based on the cost of similar activities, CBO estimates that those studies would cost about $8 million to complete 

over the 2013–2017 period. 

CBO projects that enacting the bill would reduce the number of 

students eligible for Pell grants, the bulk of which are funded 

through annual appropriations. Assuming appropriations are reduced by the estimated amounts and provide for a maximum discretionary award level of $4,860 (as in the most recently enacted 

appropriations act), CBO estimates the bill would reduce discretionary costs by a negligible amount over the 2013–2017 period and 

by $2 million over the 2013–2022 period. As discussed below under 

the heading, ‘‘Assistance for Higher Education,’’ the bill also would 

affect direct spending for Pell grants. 

Direct Spending 

CBO estimates that enacting H.R. 4970 would decrease direct 

spending by $429 million and increase revenues by $7 million over 

the 2013–2022 period. Section 806 would eliminate the separate 

track to legal permanent resident status currently available to 

holders of U visas. CBO estimates that a total of 117,000 U visa 

holders that would have obtained LPR status under current law 

would no longer be able to obtain this status under this bill. (U 

visas are issued to people who were victims of specified crimes and 

who are assisting or are expected to assist law enforcement officials 

in the investigation and prosecution of those crimes.) 

Medicaid. By eliminating the path by which individuals issued 

nonimmigrant U visas can adjust to LPR status and later naturalize, H.R. 4970 would decrease the number of adults and their 

dependent children who would be eligible to enroll in Medicaid and 

receive full Medicaid benefits after being in the country for five 

years. In addition, fewer people would receive emergency services 

from Medicaid under the bill. CBO estimates that decreasing the 

number of people eligible for Medicaid services under H.R. 4970 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
75 

1Subsidies for health insurance premiums are structured as refundable tax credits; the portions of such credits that exceed taxpayers’ liabilities are classified as outlays, while the portions 

that reduce tax payments are reflected in the budget as reductions in revenues. 

would reduce direct spending by $169 million over the 2013–2022 

period. 

Exchange Subsidies. Eliminating the path through which U 

visa holders can obtain LPR status would decrease the number of 

people eligible to receive subsidies for health insurance through the 

insurance ‘‘exchanges’’ created by the Affordable Care Act, starting 

in 2014. Legal permanent residents can be eligible for exchange 

subsidies if they meet income requirements and do not have access 

to certain other sources of health insurance coverage. H.R. 4970 

would reduce the number of legal permanent residents relative to 

current law, and would therefore result in budgetary savings. CBO 

and the staff of the Joint Committee on Taxation (JCT) estimate 

that the outlay portion of the decrease in premium and cost-sharing subsidies for health insurance offered through exchanges under 

H.R. 4970 would be about $162 million over the 2013–2022 period.1

(There is also an effect on revenues as discussed below under the 

heading, ‘‘Revenues.’’) 

Nutrition. By reducing the number of people with LPR status, 

H.R. 4970 would reduce the number of people eligible for benefits 

under the Supplemental Nutrition Assistance Program (SNAP) and 

the child nutrition programs. Under current law, adults who obtain 

legal permanent resident status are eligible for SNAP after a fiveyear waiting period, assuming that they meet the program’s eligibility requirements, though children born in the United States and 

LPRs under the age of 18 are eligible immediately. In addition, foreign-born children are eligible for child nutrition programs, such as 

school lunch and breakfast, regardless of their immigration status. 

CBO estimates that, under the bill, direct spending on those nutrition programs would decline by $52 million over the 2013–2022 period. 

Social Security and Medicare. Few of the U visa holders affected by H.R. 4970 would have been able to work long enough to 

become eligible for Social Security retirement benefits or age-based 

Medicare during the 2013–2022 period, but many could have become eligible for Social Security Disability Insurance and, consequently, disability-based Medicare over that period. Based on information from the Current Population Survey (CPS), CBO projects 

that under the bill, about 600 fewer people would receive Social Security benefits (primarily for disability insurance) by 2022. CBO estimates that enacting H.R. 4970 would reduce (off-budget) Social 

Security outlays by $33 million and (on-budget) Medicare outlays 

by $11 million over the 2013–2022 period. 

Supplemental Security Income (SSI). Based on information 

from the CPS, CBO projects that under current law fewer than 50 

U visa holders affected by H.R. 4970 would have naturalized and 

received SSI benefits based on old age or disability during the 

2013–2022 period. In addition, CBO expects that around 1 percent 

of the citizen-children who would have been born in the United 

States to those visa holders affected by H.R. 4970 would have 

qualified for SSI as the result of birth defects or other severe disVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00075 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
76 

abilities. In total, CBO estimates that enacting H.R. 4970 would reduce SSI outlays by $1 million over the 2013–2022 period. 

Assistance for Higher Education. CBO also projects that the 

bill would reduce the number of students eligible for Pell grants. 

Though most Pell grant funding is discretionary, CBO estimates 

enacting the bill would decrease direct spending by $1 million over 

the 2013–2022 period for the mandatory portion of the Pell Grant 

program. (The bill would have an insignificant effect on direct 

spending for student loans.) 

Revenues 

CBO and JCT estimate that enacting H.R. 4970 would increase 

revenues by $7 million over the 2013–2022 period. That estimate 

is the revenue portion of the decrease in premium and cost-sharing 

subsidies for health insurance offered through exchanges that 

would occur by decreasing the number of LPRs under H.R. 4970, 

discussed above under the heading, ‘‘Exchange Subsidies.’’ 

H.R. 4970 also would establish new Federal crimes and broaden 

the coverage of existing crimes relating to violence against women. 

Enacting the bill could increase collections of criminal fines (which 

are recorded in the budget as revenues) for violations of the bill’s 

provisions. CBO estimates that any additional collections would not 

be significant because of the relatively small number of additional 

cases likely to be affected. Criminal fines are recorded as revenues, 

deposited in the Crime Victims Fund, and subsequently spent without further appropriation. 

PAY-AS-YOU-GO CONSIDERATIONS

The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting onbudget direct spending or revenues. The net changes in outlays and 

revenues that are subject to those pay-as-you-go procedures are 

shown in the following table. 

CBO Estimate of Pay-As-You-Go Effects for H.R. 4970 as ordered reported 

by the House Committee on the Judiciary on May 8, 2012 

By Fiscal Year, in Millions of Dollars 

2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013– 

2017 

2013– 

2022 

NET INCREASE OR DECREASE (–) IN THE ON-BUDGET DEFICIT 

Statutory Pay-As-You-Go 

Impact 0 –5 –9 –14 –17 –29 –50 –69 –93 –116 –45 –403 

Memorandum: 

Changes in Outlays 0 –4 –9 –13 –17 –29 –49 –68 –91 –114 –44 –396 

Changes in Revenues 0 0 0 0 1 1 1 1 1 2 1 7 

Note: Components may not sum to totals because of rounding. 

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

CBO has not reviewed a provision in section 3 of H.R. 4970 for 

intergovernmental or private-sector mandates since that provision 

prohibits discrimination on the basis of race, color, religion, national origin, sex, or disability. Section 4 of UMRA excludes from 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
77 

the application of that act any legislative provision that establishes 

or enforces statutory rights prohibiting such discrimination. 

Other provisions of H.R. 4970 would impose no intergovernmental mandates as defined in UMRA. The proposed changes to 

the U visa program would reduce the number of individuals eligible 

for Medicaid assistance. Since a portion of Medicaid is paid for by 

State governments, CBO estimates that State spending on the program would decline by about $104 million over the 2013–2022 period. The bill would authorize the appropriation of about $3.3 billion over the 2013–2017 period for a variety of new and existing 

programs to assist law enforcement, public service providers, institutions of higher education, and housing agencies. Public and private entities would benefit from those programs. Any increased 

costs to those entities as a result of complying with grant requirements would be incurred voluntarily as conditions of receiving Federal assistance. 

The bill would impose private-sector mandates as defined in 

UMRA by increasing reporting requirements for international marriage brokers and prohibiting certain activities for individuals that 

hold a supervisory role over persons under official control of the 

United States. Because the requirements would be small changes 

from existing requirements, CBO estimates that the incremental 

costs of those mandates on the private sector would fall well below 

the annual threshold established in UMRA ($146 million in 2012, 

adjusted annually for inflation). 

PREVIOUS CBO ESTIMATE

On March 29, 2012, CBO transmitted a cost estimate for S. 1925, 

the Violence Against Women Reauthorization Act of 2011, as reported by the Senate Committee on the Judiciary on February 7, 

2012. We estimated that implementing that legislation would cost 

about $2.2 billion over the 2012–2017 period, assuming appropriation of the necessary amounts. In addition, CBO estimated that enacting S. 1925 would increase direct spending by $108 million and 

decrease revenues by $3 million over the 2012–2022 period. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz (DHS), Stephanie Cameron (HHS), 

Jonathan Morancy (visas), Kirstin Nelson (Medicaid), Sarah 

Anders (exchange subsidies), Justin Humphrey (higher education), Kathleen FitzGerald and Emily Holcombe (nutrition), 

David Rafferty (Medicare, Social Security, and Supplemental Security Income) 

Impact on State, Local, and Tribal Governments: Melissa Merrell 

Impact on the Private Sector: Marin Randall 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Assistant Director for Budget Analysis 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 4970 reauthorizes the Violence Against Women Act grants administered by DeVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00077 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
78 

partment of Justice and the Department of Health and Human 

Services for Fiscal Years 2013 to 2017, amends certain sections of 

Title 18, United States Code, relating to protecting alien victims of 

domestic violence and assisting police and prosecutors in investigating crimes and prosecuting criminals. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 4970 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Section 1. Short Title. 

This section cites the short title of the bill at the ‘‘Violence 

Against Women Act Reauthorization Act of 2012.’’ 

Section 2. Table of Contents. 

This section provides the table of contents for the bill. 

Section 3. Universal Definitions and Grant Conditions. 

This section provides technical corrections to existing definitions 

and universal definitions for all VAWA programs, including: ‘‘Alaska native village,’’ ‘‘child,’’ ‘‘culturally specific services,’’ ‘‘culturally 

specific,’’ ‘‘homeless,’’ ‘‘personally identifying information or personal information,’’ ‘‘population specific organization,’’ ‘‘population 

specific services,’’ ‘‘rape crisis center,’’ ‘‘sex trafficking,’’ ‘‘sexual assault,’’ ‘‘tribal coalition,’’ ‘‘underserved populations,’’ ‘‘unit of local 

government,’’ ‘‘victim services,’’ ‘‘victim service provider,’’ and 

‘‘youth.’’ 

This section also revises the grant conditions that apply to all 

VAWA programs, including: providers of legal assistance must be 

sufficiently trained or experienced in providing such assistance to 

victims consistent with the requirements in the Legal Assistance to 

Victims program; restrictions on disclosure of victims’ confidential 

and personally identifying information; provides grantees with the 

ability to advocate for state, local or tribal model codes or legislation to better respond to the needs of victims; and updates the antidiscrimination provision for VAWA grantees. 

Section 4. Accountability Provisions. 

This section requires VAWA audits to be performed by the Office 

of Audit, Assessment, and Management (OAAM) in DOJ, requires 

grantees to identify other sources of Federal grant funding in their 

applications, and requires the Attorney General to improve the coordination between the grant-making offices to reduce duplication 

and overlap. 

This section imposes new accountability requirements on DOJ, 

HHS and VAWA grantees, including: requires the DOJ and HHS 

IGs to conduct an annual audit of no fewer than 10 percent of all 

VAWA grant recipients; excludes the award of funds for 2 fiscal 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
79 

years to grantees found to have an unresolved audit finding for 1 

year; requires DOJ to deposit into the General Fund of the Treasury the equivalent of monies awarded to a grantee barred by an 

IG finding and seek to recoup the funds from the grantee; prohibits 

the use of grant funds to lobby DOJ, Congress or state or local governments regarding the award of grant funding, a grantee found to 

be in violation of this prohibition must repay the grant in full and 

is prohibited from receiving another grant under this Act for 5 

years; prohibits the award of grant funds to nonprofit organizations 

that hold money in offshore accounts for the purposes of avoiding 

Federal taxes; limits the use of funds for salaries and administrative expenses to 5 percent of funds authorized under the Act; and 

prohibits the use of funds to host or support any expenditure for 

conferences unless such conference receives prior written approval 

by the Deputy Attorney General, appropriate Assistant Attorney 

General or the Deputy Secretary of Health and Human Services. 

Section 5. Effective Date. 

This section provides an effective date for Titles I, II, III, IV, VII, 

and sections 3, 602, 901, and 902 of the first day of the fiscal year 

following date of enactment unless otherwise specified in the Act. 

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

Section 101. STOP Grants. 

This section reauthorizes the STOP (Services -Training—Officers—Prosecutors) grant program for 5 years. The authorized funding for STOP is reduced from $225 million to $222 million. The 

STOP grant is the primary VAWA formula grant program to state 

and local governments to address the crimes of domestic violence, 

sexual assault, dating violence and stalking. Each state, U.S. territory, and the District of Columbia receives grants according to a 

statutory formula. Recipients can then subgrant these funds to 

state agencies, state and local courts, units of local government, 

tribal governments, and nonprofit, nongovernmental victim services 

providers. This section increases the emphasis on training and enforcement of crimes of sexual violence, adds the offense of stalking 

to grant purpose areas, promotes efforts to reduce rape kit backlogs, and includes a 20 percent set-aside for sexual assault programs. Although VAWA’s focus on violence against women appropriately reflects the disproportionate number of women who experience severe forms of domestic and sexual violence, men are also the 

victims of these crimes. 

This section streamlines the application process for the STOP 

program, which currently requires states to provide extensive documentation that is of little use to OVW in monitoring the use of 

funds, and instead requires the state to develop a comprehensive 

implementation plan addressing how it will spend the funds received. 

Section 102. Grants to Encourage Arrest Policies and Enforce Protection Orders. 

This section reauthorizes the Arrest program for 5 years. The authorized funding for Arrest is reduced from $75 million to $73 milVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00079 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
80 

lion. The Arrest program is the primary discretionary grant to help 

state, local, and tribal governments and agencies investigate and 

prosecute instances of domestic violence, dating violence, sexual assault, and stalking. This section increases the emphasis on sexual 

assault offenses by promoting the implementation of Sexual Assault Nurse Examiner programs, Forensic Examiner programs, 

Sexual Assault Response Teams, and programs to reduce rape kit 

backlogs. This section sets aside 25 percent of the available 

amounts for sexual assault offenses. 

This section modifies the requirement that state and local government grant recipients certify that they test sex offenders for 

HIV at the request of the victim within 48 hours of information or 

indictment and provide the results of the testing to the victim. 

Grantees that cannot certify in this manner lose 5 percent of the 

funding from their grant. Current law makes no allowance for jurisdictions that must exceed the 48-hour limit when offenders are 

not in custody or otherwise easily accessible. This section clarifies 

that the test be performed within 48 hours of the offender being 

in custody or served with the information or indictment. 

This section clarifies the provision that requires grantees to certify that they do not charge victims for costs associated with the 

modification, enforcement or dismissal of a protection order. 

Section 103. Legal Assistance for Victims. 

This section reauthorizes the Legal Assistance for Victims program for 5 years. The authorized funding for LAV is reduced from 

$65 million to $57 million. This section expands the training requirements for eligible entities to ensure that they have the relevant expertise in providing legal assistance to victims of domestic 

violence, dating violence, sexual assault, or stalking. Those without 

such expertise may provide assistance only if they complete appropriate training in this area of law and also practice while partnered 

with a legal assistance provider with demonstrated expertise. This 

section allows grantees to recruit, train, and mentor pro bono attorneys and law students. 

Section 104. Consolidated Grants to Support Families in the Justice 

System. 

This section consolidates two programs that train judges and 

court personnel regarding the intersection between domestic violence and family court proceedings and promotes safe supervised 

visitation for families in cases involving domestic violence and sexual assault. The single grant program created by this consolidation 

is authorized for 5 years. The authorization is reduced from $25 

million to $22 million. 

Section 105. Court-Appointed Special Advocate Program. 

This section reauthorizes the Court-Appointed Special Advocate 

program for 5 years. The program provides assistance to child victims of abuse or neglect. A new annual reporting requirement is 

added. Authorized funding for this program remains at $12 million. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
81 

Section 106. Outreach and Services to Underserved Populations 

Grant. 

This section removes the existing Outreach to Underserved Populations grant program, which focused exclusively on public information campaigns, and replaces it with a program offering services to 

adult and youth victims in underserved communities. Outreach, 

education, prevention, and intervention strategies remain an allowable purpose for the grant funding. The current $2,000,000 authorization levels for this program does not change, but is augmented 

with a 2-percent set-aside from funds appropriated to the STOP 

and Arrest programs. 

Section 107. Culturally-Specific Services Grant. 

This section removes the term ‘‘linguistically’’ which has caused 

confusion about the purpose of the program. Many entities that 

provide culturally specific programming but not linguistically specific programming mistakenly believed they would not be eligible. 

This change clarifies that the program is not limited to linguistically specific services. Funding for this program does not change 

and continues to be drawn from set-asides from the Arrest, LAV, 

Rural, Elder, and Disabilities programs. 

Section 108. Reduction in Rape Kit Backlog. 

This section amends the DNA Analysis Backlog Elimination Act 

of 2000 to require that not less than 75 percent of the grant 

amounts awarded be spent on analyzing untested DNA evidence 

from crime scenes, or enhancing the capacity of labs to do so. 

Section 109. Assistance to Victims of Sexual Assault. 

This section reauthorizes grants to assist probation and parole 

officers and other personnel who work with released sex offenders. 

Authorized funding for this program remains at $5 million. 

Section 110. Child Abuse Training Programs for Judicial Personnel 

and Practitioners. 

This section reauthorizes grants to provide judicial and legal professionals with training and technical assistance to address the 

unique challenges facing juvenile and family courts. Authorized 

funding for this program remains at $2.3 million. 

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

Section 201. Sexual Assault Services Program. 

The Sexual Assault Services Program provides assistance to victims of sexual assault. SASP provides grants to states and territories, tribes, state sexual assault coalitions, tribal coalitions, and 

culturally specific organizations, without regard to the age of the 

victim. This section implements a new funding formula whereby 

each State, territory and the District of Columbia receive a minimum allocation of .75% of funds appropriated. The authorized 

funding for SASP is reduced from $50 million to $40 million for 

each of the fiscal years 2013 through 2017. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
82 

Section 202. Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance. 

The Rural Grant Program addresses the unique challenges faced 

by victims of domestic violence and dating violence in rural jurisdictions. It encourages cooperation among law enforcement and victim service providers, among others, to investigate criminal incidents and provide treatment, education, and prevention strategies. 

This section strengthens responses to sexual assault through the 

inclusion of additional purpose areas. It also incorporates the use 

of multidisciplinary teams to address and prevent domestic and 

dating violence homicide. This section also provides for legal assistance and other victim services as well as programs to address rape 

kit backlogs. The authorized funding for the Rural Grant Program 

is reduced from $55 million to $50 million for each of the fiscal 

years 2013 through 2017. 

Section 203. Training and Services to End Violence Against Women 

with Disabilities Grant. 

The Disability grant program addresses the gaps in abuse suffered by domestic violence, dating violence, sexual assault, and 

stalking victims with disabilities. This section reauthorizes the program and adds the use of evidence-based indicators to assess the 

risk of domestic and dating violence homicide. The authorized funding for the Disability grant program is reduced from $10 million to 

$9 million. 

Section 204. Training and Services to End Violence Against Women 

in Later Life Grant. 

This section strikes the existing Elder Abuse grant program and 

replaces it with a more comprehensive response to this problem. 

The program funds grantees to train law enforcement and prosecutors in recognizing and responding to elder abuse and provide services for victims of elder abuse. This section adds that entities may 

also educate and train health care providers, faith-based leaders, 

and conduct outreach activities to ensure that victims of elder 

abuse receive appropriate assistance. This section instructs the Attorney General to consult the Secretary of HHS to ensure that the 

Elder Abuse grants administered by DOJ do not duplicate those 

administered by HHS. The authorized funding for the Elder Abuse 

grant program is reduced from $10 million to $9 million. 

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR 

YOUNG VICTIMS OF VIOLENCE 

Section 301. Rape Prevention Education Grant. 

The RPE grant program supports the efforts of rape crisis centers, sexual assault coalitions, and other nonprofit organizations to 

educate and increase awareness on how to prevent sexual assaults. 

Funding is distributed to states based on population. The authorized funding for RPE is reduced from $80 million to $50 million for 

each of the fiscal years 2013 through 2017. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
83 

Section 302. Creating Hope through Outreach, Options, Services, 

and Education for Children and Youth. 

This section, along with section 402, consolidates eight existing 

grants to provide services for children and youth victims, such as 

counseling, mentoring, and legal assistance, as well as training and 

assistance to personnel at middle and high schools who can help 

victims. Grantees may be victim service providers and communitybased organizations that are encouraged to partner with state, tribal, and local governments, and other agencies that work with children and youth. This section also requires the grant funds made 

available be used to provide evidence-based programs and training. 

The authorized funding for this consolidated grant program is $15 

million, a $15 million reduction from the $30 million authorized by 

the individual programs. 

Section 303. Grants to Combat Violent Crimes on Campuses. 

The Campus program encourages institutions of higher education 

to partner with community-based organizations to adopt comprehensive, coordinated responses to domestic violence, dating violence, sexual assault, and stalking. This section clarifies that a 

grantee must address the following four components to meet minimum requirements during the grant period: (1) implementing a coordinated community response both internal to and external to the 

campus; (2) providing prevention education for all incoming students; (3) providing training on domestic violence, dating violence, 

sexual assault and stalking for campus law enforcement; and (4) 

providing training on such crimes to members of the campus judicial board. The authorized funding for the Campus program is reduced from $15 million to $12 million. 

Section 304. National Center for Campus Public Safety. 

This section authorizes the Director of the Office of Community 

Oriented Policing Services to establish and operate a National Center for Campus Public Safety to (1) train IHE public safety agencies and their collaborative partners; (2) foster relevant research; 

(3) collect, coordinate, and disseminate information and best practices regarding campus safety; (4) develop protocols to prevent, protect against, respond to, and recover from natural and man-made 

emergencies that threaten the campus community; and (5) increase 

cooperation between IHEs and the law enforcement, mental health, 

and other agencies and jurisdictions that serve them. This section 

authorizes the Director to award grants to IHEs and other nonprofit organizations for activities that will assist the Center in performing its functions. In establishing the Center, the Director of 

the COPS Office shall coordinate with the Secretary of Homeland 

Security, the Secretary of Education, and the Attorney General of 

each state, and coordinate the establishment and operation of the 

Center with campus public safety resources that may be available 

within DHS and the Department of Education. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
84 

TITLE IV—VIOLENCE REDUCTION PRACTICES 

Section 401. Study Conducted by the Centers for Disease Control 

and Prevention. 

This section reauthorizes funding to the Centers for Disease Control and Prevention (CDC) to provide grants to academic institutions and organizations to conduct research that examine best practices for reducing and preventing domestic violence, dating violence, sexual assault, and stalking. The authorized funding for this 

research is reduced from $2 million to $1 million. 

Section 402. Saving Money and Reducing Tragedies through Prevention Grant. 

This section consolidates four programs into one grant aimed at 

prevention. The new SMART grant provides funds for three primary purposes: (1) raising awareness and changing attitudes about 

teen dating violence; (2) preventing, reducing, and responding to 

children’s exposure to violence at home; and (3) helping men to 

serve as role models in preventing domestic violence, dating violence, sexual assault, and stalking. This section reduces the authorization from $37 million to $15 million. 

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING 

VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Section 501. Consolidated Grants to Strengthen the Healthcare System’s Response to Domestic Violence, Dating Violence, Sexual 

Assault, and Stalking. 

This section consolidates three existing VAWA programs related 

to the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking and creates a comprehensive 

updated program that focuses on grants for developing interdisciplinary training for health professionals and education programs for health students. It also encourages the development of 

comprehensive strategies to improve the response of hospitals, clinics, and other public health facilities to domestic violence, dating 

violence, sexual assault, and stalking. A grantee may be a nonprofit organization, a healthcare provider, an accredited healthcare 

school, or a state, local, or tribal governmental entity. Grantees are 

also required to comply with relevant confidentiality and nondisclosure requirements. The authorized funding for this consolidated 

program is $10 million, a $3 million reduction from the $13 million 

authorized for the individual programs. 

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

STALKING 

Section 601. Housing protections of victims of domestic violence, 

dating violence, sexual assault, and stalking. 

The 2005 reauthorization of VAWA added protections that prevented applicants from being evicted from or denied admission to 

certain housing programs because they were victims. This section 

modifies these protections to extend the housing protections to vicVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00084 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
85 

tims of sexual assault. The VAWA housing protections are extended to nine Federal programs that are not covered currently, including the McKinney-Vento Act, which provides housing for the 

homeless, the HOME Improvement Partnership Program, the Low 

Income Housing Tax Credit, and the Rural Housing Services program. There are no funds authorized for this section. 

Section 602. Transitional Housing Assistance Grants for Victims of 

Domestic Violence, Dating Violence, Sexual Assault, and Stalking. 

This section reauthorizes the Transitional Housing Assistance 

program for 5 years. The authorized funding for Transitional Housing is lowered from $40 million to $35 million. The program provides transitional housing services that move individuals into permanent housing and for victims for whom emergency shelter services are unavailable or insufficient. This section clarifies that a 

qualified applicant is one whose policies protect victim safety, reflect an understanding of the dynamics of the four covered crimes, 

and do not include prohibited activities such as background checks 

or clinical evaluations to determine eligibility for services. 

Section 603. Addressing the Housing needs of victims of domestic violence, dating violence, sexual assault, and stalking. 

This section reauthorizes two VAWA housing programs for 5 

years. The authorized funding for each program is reduced from 

$10 million to $4 million. The first program awards grant funds to 

entities that assist victims who are currently homeless or at risk 

of becoming homeless by designing and implementing new activities, services, and programs to increase their stability and self-sufficiency. The second program provides grants to promote full and 

equal access to housing by adult and youth victims. 

TITLE VII—ECONOMIC SECURITY FOR VICTIMS 

OF VIOLENCE 

Section 701. National Resource Center on Workplace Responses to 

assist victims of domestic and sexual violence. 

This section reauthorizes funding for the operation of the National Resource Center on Workplace Responses, which provides information and assistance to employers to aid in efforts to develop 

and implement responses to domestic and sexual violence. The authorized funding for the National Resource Center is maintained at 

$1 million. 

TITLE VIII—IMMIGRATION PROVISIONS 

Section 801. Fraud Prevention Initiatives. 

Under section 240A(b)(2)(A) of the INA, illegal immigrants can 

apply for ‘‘cancellation of removal’’ and to become permanent residents if they have been battered or subjected to extreme cruelty by 

a U.S. citizen or permanent resident spouse or parent, have lived 

in the U.S. for 3 years, have been of good moral character and if 

their removal would result in extreme hardship to the alien, the 

alien’s child, or the alien’s parent. Subsection (a) of section 801 of 

the bill clarifies that in acting on such a cancellation application, 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
86 

an immigration judge shall consider any credible evidence, including that submitted by the U.S. citizen or permanent resident accused of the abuse. Section 801(a) supersedes section 1367(a)(2) of 

title 8 of the U.S. Code as after-enacted legislation, but only to the 

extent necessary carry out section 801(a). 

Under section 204(a) of the INA, U.S. citizens and permanent 

residents can petition for alien spouses to receive permanent residence. In instances where the aliens (or the aliens’ children) have 

been battered or subjected to extreme cruelty, the aliens can petition for permanent residence on their own—they can ‘‘self-petition’’. 

Abused children of citizens and permanent residents and abused 

parents of U.S. citizens can also self-petition for permanent residence. Subsection (b) of section 801 provides that such self-petitions are to be adjudicated by local U.S. Citizenship and Immigration Services (‘‘USCIS’’) offices and that the offices shall interview 

in-person the self-petitioning aliens and may interview the U.S. 

citizens or permanent residents accused of abuse and other persons 

if they consent to be interviewed. All interviews shall be conducted 

under oath and or subject to applicable penalties for perjury. The 

offices can also gather other evidence. All credible evidence provided by the U.S. citizens or permanent residents accused of abuse 

shall be considered by the local office. Section 801(b) supersedes 

section 1367(a)(2) as after-enacted legislation, but only to the extent necessary carry out section 801(b). 

Subsection (b) additionally provides that the local USCIS office 

shall not approve a self-petition unless it finds in writing and with 

particularity that all requirements of section 204(a)(1) of the INA 

have been proven by clear and convincing evidence (including that 

the self-petitioning alien was a victim of battery or extreme cruelty). It also provides that the local USCIS office shall determine 

whether any Federal, State, territorial, tribal, or local law enforcement agency has undertaken an investigation or prosecution of the 

abusive conduct alleged by the self-petitioning alien. If so, the local 

office shall obtain as much information as possible about the investigation or prosecution and shall consider that information in adjudicating the self-petition. Again, section 201(b) supersedes section 

1367(a)(2) of title 8 of the U.S. Code as after-enacted legislation, 

but only to the extent necessary carry out section 801(b). If an investigation or prosecution is pending, adjudication of the self-petition shall be stayed pending the conclusion of the investigation or 

prosecution. If no investigation or prosecution has been undertaken, the local office shall take this into consideration in adjudicating the self-petition. 

Subsection (b) also provides that if the local office makes a written finding that the self-petitioning alien has made a material misrepresentation on their petition, during an interview, or during any 

other aspect of the adjudication of the self-petition, the self-petition 

shall be denied and the alien shall be removed from the U.S. on 

an expedited basis (and not be eligible for any delay or exemption 

from removal), shall be permanently ineligible for any lawful immigration status or benefits, and shall have any public benefits terminated (along with those of the alien’s beneficiaries). Also, if the 

local office has received any evidence of a material misrepresentation, the office shall refer the matter and all evidence to the Federal Bureau of Investigation. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
87 

Subsection (b) also provides that if a self-petition has been denied, any obligation under an affidavit of support previously filed 

by the U.S. citizen or permanent resident accused of abuse shall be 

terminated. 

Section 802. Clarification of the Requirements Applicable to U 

Visas. 

U visas are temporary visas available to illegal immigrants who 

are victims of certain specified criminal activity in the U.S. To be 

eligible, a Federal, State, or local law enforcement official, prosecutor, judge or other official investigating the crime, or certain Department of Homeland Security officials, must certify that the alien 

has been, is, or is likely to be helpful in the investigation or prosecution of the criminal activity. Section 802 of the bill requires the 

certification provided by an alien along with the U visa petition 

confirm under oath that such criminal activity is actively under investigation or a prosecution has commenced and that an alien seeking a U visa has actually provided law enforcement with information that will assist in identifying the responsible criminals (unless 

their identity is already known). 

Section 803. Protections for a Fiance ́e or Fiance ́ of a Citizen. 

Section 214(d) of the INA provides that before the State Department can issue a temporary visa to the fiance ́ (‘‘K–1’’) or spouse 

(‘‘K–2’’) of a U.S. citizen, the petition filed by the citizen must include information on any specified crimes for which the citizen has 

been convicted. Section 803 of the bill provides that the petition 

also must contain information on convictions for attempts to commit these crimes and on any permanent protection or restraining 

orders issued against the citizen. 

Section 804. Regulation of International Marriage Brokers. 

Section 1375a of title 8 of the U.S. Code, the ‘‘International Marriage Broker Act of 2005 (‘‘IMBA’’),’’ prohibits international marriage brokers from providing anyone with the personal contact information, photographs, or general information about the background or interests of any persons under the age of 18 and more 

generally requires that certain information be provided to alien applicants for K–1 or K–2 visas. 

Subsection (a) of section 804 of the bill requires the Attorney 

General to report to Congress on the name of the component of the 

Justice Department responsible for prosecuting violations of the 

IMBA. 

Subsection (b) of section 804 amends IMBA to require that an 

international marriage broker obtain, retain for a specified period, 

and produce upon the request of the Department of Justice the 

birth certificate or other proof of age document of each foreign national client. 

Under IMBA, international marriage brokers must collect certifications by their U.S. clients including information on any arrests 

or conviction in the U.S. for certain specified crimes. Section 804(b) 

also requires the provision of information on arrests or convictions 

for attempts to commit such crimes. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
88 

Section 805. GAO Report. 

The Government Accountability Office shall prepare a report to 

Congress on the approval processes for U visa petitions and selfpetitions for permanent residence filed by battered aliens in order 

to assess safeguards against fraud and abuse. 

Section 806. Temporary Nature of U Visa Status. 

Section 245(m) of the INA provides that the Department of 

Homeland Security can grant U visa recipients the status of permanent residents if they have had U visas for 3 years and their 

continued presence in the U.S. would be justified on humanitarian 

grounds, to ensure family unity, or was otherwise in the public interest. Section 806 of the bill rescinds this authority to grant permanent residence to U visa recipients, and applies to applications 

for adjustment of status submitted on or after the date of enactment of this bill and to previously filed applications that are pending on the date of enactment. 

Section 807. Annual Report on Immigration Applications Made by 

Victims of Abuse. 

The Department of Homeland Security shall report to Congress 

each year on the U visa program, the T visa program (for victims 

of trafficking) and the self-petition process for battered aliens, including information on processing times and efforts to reduce processing times while ensuring safe and competent processing and 

while combating fraud and ensuring program integrity, and information on each type of criminal activity by reason of which aliens 

received U visas. 

Section 808. Protection for Children of VAWA Self-Petitioners. 

Section 808 of the bill provides that if a self-petitioner dies, the 

minor children of the alien can still have their derivative petitions 

for permanent residence adjudicated. 

Section 809. Public Charge. 

Section 809 of the bill provides that the public charge ground of 

inadmissibility (section 212(a)(4) of the INA) shall not apply to selfpetitioners, aliens who have applied for or been granted U visas, 

and certain other battered aliens. 

Section 810. Age-Out Protection for U Visa Applicants. 

The minor sons and daughters of U visa recipients are eligible 

for U visas on a derivative basis. Section 810 provides that if they 

turn 21 while their U visa petitions are being adjudicated shall retain their status as minors for purpose of eligibility. 

Section 811. Hardship Waivers. 

Pursuant to section 216 of the INA, 2 years after an alien spouse 

of a U.S. citizen or permanent resident receives conditional permanent residence, USCIS determines whether the marriage is ongoing 

and was not entered into fraudulently and if so removes the conditional status of the permanent residence. The two spouses must 

jointly file a petition to seek removal of the conditional status and 

appear for an interview. USCIS has the discretion to remove the 

conditional status without the necessity for a joint petition and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
89 

interview if extreme hardship would result should the alien be removed, the marriage ended in divorce or the alien was battered or 

subjected to extreme cruelty. Section 811 of the bill extends 

USCIS’s discretion to cases of aliens who were battered or subject 

to extreme cruelty after unknowingly entering into bigamous marriages. 

Section 812. Information Sharing for National Security Purpose. 

Section 1367(a)(2) of title 8 of the U.S. Code provides that officials of the Departments of Justice, State and Homeland Security 

may not permit use by or disclosure to anyone (other than officials 

of these agencies for legitimate agency purposes) of any information which relates to aliens who are the beneficiaries of applications for U and T visas, self-petitions for permanent residence, applicants for cancellation of removal as battered aliens, and for certain other immigration benefits. Section 1367(b) of title 8 of the 

U.S. Code provides for certain exceptions to this prohibition, including for the provision of information to law enforcement officials 

for law enforcement purposes. 

Subsection (a) of section 812 of the bill adds to the waivers in 

section 1367(b) by providing a waiver for the Departments of Justice, State and Homeland Security, allowing them to provide 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. 

Subsection (b) of section 812 requires that within 180 days of enactment, the Departments of Justice and Homeland Security to 

provide guidance to employees who have access to the information 

protected by section 1367(a) of title regarding the requirements of 

the section, including provisions to protect victims of domestic violence from harm that could result from inappropriate disclosure. 

Section 812(b) clarifies that guidance should also be provided regarding protecting victims of trafficking in persons and specified 

criminal activity from the harms of inappropriate disclosure. 

Section 813. GAO Report on Requirements to Cooperate With Law 

Enforcement Officials. 

Section 813 of the bill provides that the Government Accountability Office shall issue a report to Congress on the adjudication 

of U visa petitions in order to assess the effectiveness of the reforms made by section 802 in ensuring that potential U visa recipients aid in the investigation of crimes and apprehension and prosecution of criminals and the effect such reforms have on the number of persons seeking and receiving U visas. 

Section 814. Consideration of other Evidence 

Section 237(a)(2)(E) of the Immigration and Nationality Act provides a ground of deportation for any alien who has been convicted 

of a crime of domestic violence. A crime of domestic means any 

crime of violence as defined in section 16 of title 8 of the U.S. Code 

committed against certain family members. 

Section 814 of the bill provides that in determining whether the 

domestic abuse an alien has been convicted of meets the definition 

of crime of violence in circumstances where the conviction records 

do not conclusively answer the question, the Department of Justice 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
90 

may consider any other evidence that it determines to be reliable 

in making the determination, including sentencing reports and police reports. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

Section 901. Grants to Indian Tribal Governments. 

This section improves an existing grant program targeted at 

curbing domestic violence, sexual assault, dating violence, and 

stalking in Indian country, by extending its coverage to sex trafficking crimes. It also adds two purpose areas to the program. The 

first allows grant money to go toward developing and promoting 

best practices for responding to domestic violence, dating violence, 

sexual assault, sex trafficking, and stalking in Indian country. The 

second allows grant money to go toward providing services to address the needs of youth in Indian country 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. 

Section 902. Grants to Indian Tribal Coalitions. 

This section improves the existing tribal coalition grant program, 

by incorporating a purpose area that would allow grant money to 

go toward developing and promoting policies that promote best 

practices for responding to domestic violence, dating violence, sexual assault, sex trafficking, and stalking. 

Section 903. Consultation. 

Current law requires the Attorney General to consult annually 

with Indian tribal governments on the Federal administration of 

programs funded by VAWA. This section requires the Attorney 

General to report to Congress on the annual consultations, and on 

the administration’s recommendations for administering tribal 

funds and programs, enhancing the safety of Indian women, and 

strengthening the Federal response to such violent crimes. 

Section 904. Analysis and Research on Violence Against Indian 

Women. 

This section expands a study of violence committed against Indian women to include women in Alaska Native Villages and sex 

trafficking crimes. Authorized funding for the study is maintained 

at $1 million. This section also maintains the $1 million authorization for tribal sex offender registries. 

Section 905. Assistant United States Attorney Domestic Violence 

Tribal Liaisons. 

This section authorizes the Attorney General to expand the duties of existing Assistant U.S. Attorney Tribal Liaisons to afford 

greater focus to domestic violence in Indian country. 

TITLE X—CRIMINAL PROVISIONS 

Section 1001. Criminal Provisions Relating to Sexual Abuse. 

This section prohibits a person who has supervisory or custodial 

authority over a person who is under arrest, on pretrial release, on 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
91 

probation, or otherwise under supervision pending further judicial 

proceedings from engaging in sexual activity with the person who 

is under his or her supervisory or custodial authority. Current law 

only prohibits such sexual activity with a person in official detention, yet the same imbalance of power and potential for abuse of 

authority exists in the supervised release context. This section 

would prohibit such conduct if it occurs in the special maritime and 

territorial jurisdiction of the United States or if the person engaging in the sexual activity was exercising Federal supervisory or 

custodial authority. This section also makes the penalties for criminal civil rights violations involving sexual abuse consistent with 

the penalties for sexual abuse in other Federal statutes. Currently, 

civil rights violations involving sexual abuse are punished only as 

misdemeanors, even though the same sexual misconduct would 

garner serious felony penalties under other Federal statutes if it 

occurred on Federal land or was within other Federal jurisdiction. 

Section 1002. Sexual Abuse in Custodial Settings. 

The Prison Rape Elimination Act of 2003 (PREA) required the 

Attorney General to adopt national standards for the detection, 

prevention, reduction, and punishment of rape and sexual assault 

in Federal facilities. When PREA was introduced, all immigration 

detention facilities were under the authority of the Department of 

Justice. When the Homeland Security Act of 2002 was enacted, 

adult immigration authority was transferred to the Department of 

Homeland Security (DHS), and the authority for detaining unaccompanied minors was transferred to the Department of Health 

and Human Services (HHS). This section fulfills the congressional 

intent of PREA by extending its requirements for national standards to DHS and HHS. 

Section 1003. Criminal Provision Relating to Stalking, including 

Cyberstalking. 

This section updates the Federal anti-stalking statute to capture 

more modern forms of communication that perpetrators use to 

stalk their victims. 

Section 1004. Amendments to the Federal Assault Statute. 

This section amends the Federal Criminal Code to provide a 10- 

year offense for assaulting a spouse, intimate partner, or dating 

partner by strangling or suffocating; a 5-year offense for assaulting 

a spouse, intimate partner, or dating partner resulting in substantial bodily injury; and a 1-year offense for assaulting a person by 

striking, beating or wounding. These changes will enable Federal 

prosecutors to more effectively combat three types of assault frequently committed against women in Indian country and to appropriately address the gradual escalation of seriousness often associated with domestic violence offenses. 

Section 1005. Mandatory Minimum Sentence. 

This section amends section 2241 of title 18 regarding aggravated sexual abuse offenses to amend the penalty from ‘‘any term 

of years or life’’ to not less than 10 years for offenses committed 

by force or threat of force and not less than 5 years for offenses 

committed by other means. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
92 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

VIOLENCE AGAINST WOMEN ACT OF 1994 

TITLE IV—VIOLENCE AGAINST WOMEN 

* * * * * * * 

SEC. 40002. DEFINITIONS AND GRANT PROVISIONS. 

(a) DEFINITIONS.—In this title: 

(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.). 

(2) CHILD.—The term ‘‘child’’ means a person who is under 

11 years of age. 

ø(2)¿ (3) CHILD ABUSE AND NEGLECT.—The term ‘‘child 

abuse and neglect’’ means any recent act or failure to act on 

the part of a parent or caregiver with intent to cause death, 

serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent 

risk of serious harm to an unemancipated minor. This definition shall not be construed to mean that failure to leave an 

abusive relationship, in the absence of other action constituting 

abuse or neglect, is itself abuse or neglect. 

(4) CHILD MALTREATMENT.—The term ‘‘child maltreatment’’ 

means the physical or psychological abuse or neglect of a child 

or youth, including sexual assault and abuse. 

ø(3)¿ (5) COMMUNITY-BASED ORGANIZATION.—The term 

‘‘community-based organization’’ means øan organization¿ a 

nonprofit, nongovernmental, or tribal organization that serves a 

specific geographic community that— 

(A) * * * 

* * * * * * * 

ø(1)¿ (6) COURTS.—The term ‘‘courts’’ means any civil or 

criminal, tribal, and Alaska Native Village, Federal, State, 

local or territorial court having jurisdiction to address domestic 

violence, dating violence, sexual assault or stalking, including 

immigration, family, juvenile, and dependency courts, and the 

judicial officers serving in those courts, including judges, magistrate judges, commissioners, justices of the peace, or any 

other person with decisionmaking authority. 

ø(5)¿ (7) COURT-BASED AND COURT-RELATED PERSONNEL.— 

The term ‘‘court-based’’ and ‘‘court-related personnel’’ mean 

persons working in the court, whether paid or volunteer, including— 

(A) * * * 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
93 

(8) CULTURALLY SPECIFIC.—The term ‘‘culturally specific’’ 

(except when used as part of the term ‘‘culturally specific services’’) means primarily composed of racial and ethnic minority 

groups (as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g))). 

(9) CULTURALLY SPECIFIC SERVICES.—The term ‘‘culturally 

specific services’’ means community-based services and resources that are culturally relevant and linguistically specific to 

culturally specific communities. 

ø(7)¿ (10) DATING PARTNER.—The term ‘‘dating partner’’ 

refers to a person who is or has been in a social relationship 

of a romantic or intimate nature with the abuser, and where 

the existence of such a relationship shall be determined based 

on a consideration of— 

(A) * * * 

* * * * * * * 

ø(8)¿ (11) DATING VIOLENCE.—The term ‘‘dating violence’’ 

means violence committed by a person— 

(A) * * * 

* * * * * * * 

ø(6)¿ (12) DOMESTIC VIOLENCE.—The term ‘‘domestic violence’’ includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the 

victim, by a person with whom the victim shares a child in 

common, by a person who is cohabitating with or has 

cohabitated with the victim as a spouse or intimate partner, by 

a person similarly situated to a spouse of the victim under the 

domestic or family violence laws of the jurisdiction receiving 

grant monies, or by any other person against an adult or youth 

victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. 

ø(9)¿ (13) ELDER ABUSE.—The term ‘‘elder abuse’’ means 

any action against a person who is 50 years of age or older 

that constitutes the willful— 

(A) * * * 

* * * * * * * 

(14) HOMELESS, HOMELESS INDIVIDUAL, HOMELESS PER- SON.—The terms ‘‘homeless’’, ‘‘homeless individual’’, and ‘‘homeless person’’— 

(A) mean an individual who lacks a fixed, regular, and 

adequate nighttime residence; and 

(B) includes— 

(i) an individual who— 

(I) is sharing the housing of other persons due 

to loss of housing, economic hardship, or a similar 

reason; 

(II) is living in a motel, hotel, trailer park, or 

campground due to the lack of alternative adequate accommodations; 

(III) is living in an emergency or transitional 

shelter; 

(IV) is abandoned in a hospital; or 

(V) is awaiting foster care placement; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
94 

(ii) an individual who has a primary nighttime 

residence that is a public or private place not designed 

for or ordinarily used as a regular sleeping accommodation for human beings; or 

(iii) migratory children (as defined in section 1309 

of the Elementary and Secondary Education Act of 

1965; 20 U.S.C. 6399) who qualify as homeless under 

this section because the children are living in circumstances described in this paragraph. 

ø(10)¿ (15) INDIAN.—The term ‘‘Indian’’ means a member 

of an Indian tribe. 

ø(11)¿ (16) INDIAN COUNTRY.—The term ‘‘Indian country’’ 

has the same meaning given such term in section 1151 of title 

18, United States Code. 

ø(12)¿ (17) INDIAN HOUSING.—The term ‘‘Indian housing’’ 

means housing assistance described in the Native American 

Housing Assistance and Self-Determination Act of 1996 (25 

U.S.C. 4101 et seq., as amended). 

ø(14)¿ (18) INDIAN LAW ENFORCEMENT.—The term ‘‘Indian 

law enforcement’’ means the departments or individuals under 

the direction of the Indian tribe that maintain public order. 

ø(13)¿ (19) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means 

a tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 

1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians 

because of their status as Indians. 

ø(15)¿ (20) LAW ENFORCEMENT.—The term ‘‘law enforcement’’ means a public agency charged with policing functions, 

including any of its component bureaus (such as governmental 

victim services programs), including those referred to in section 

3 of the Indian Enforcement Reform Act (25 U.S.C. 2802). 

ø(16) LEGAL ASSISTANCE.—The term ‘‘legal assistance’’ includes assistance to adult and youth victims of domestic violence, dating violence, sexual assault, and stalking in— 

ø(A) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus administrative or protection or stay away order proceedings, 

and other similar matters; and 

ø(B) criminal justice investigations, prosecutions and 

post-trial matters (including sentencing, parole, and probation) that impact the victim’s safety and privacy. 

ø(17) LINGUISTICALLY AND CULTURALLY SPECIFIC SERVICES.—The term ‘‘linguistically and culturally specific services’’ 

means community-based services that offer full linguistic access and culturally specific services and resources, including 

outreach, collaboration, and support mechanisms primarily directed toward underserved communities. 

ø(18) 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
95 

to disclose the location of a victim of domestic violence, dating 

violence, sexual assault, or stalking, including— 

ø(A) a first and last name; 

ø(B) a home or other physical address; 

ø(C) contact information (including a postal, e-mail or 

Internet protocol address, or telephone or facsimile number); 

ø(D) a social security number; and 

ø(E) any other information, including date of birth, racial or ethnic background, or religious affiliation, that, in 

combination with any of subparagraphs (A) through (D), 

would serve to identify any individual.¿ 

(21) LEGAL ASSISTANCE.—The term ‘‘legal assistance’’— 

(A) includes assistance to adult and youth victims of 

domestic violence, dating violence, sexual assault, and 

stalking in— 

(i) family, tribal, territorial, immigration, employment, administrative agency, housing matters, campus 

administrative or protection or stay away order proceedings, and other similar matters; and 

(ii) criminal justice investigations, prosecutions 

and post-trial matters (including sentencing, parole, 

and probation) that impact the victim’s safety and privacy; and 

(B) 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); 

except that intake or referral, without other action, does not 

constitute legal assistance. 

(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. 

(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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
96 

(24) POPULATION SPECIFIC SERVICES.—The term ‘‘population specific services’’ means victim services that— 

(A) 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 

(B) are designed primarily for, and are targeted to, a 

specific underserved population. 

ø(19)¿ (25) PROSECUTION.—The term ‘‘prosecution’’ means 

any public agency charged with direct responsibility for prosecuting criminal offenders, including such agency’s component 

bureaus (such as governmental victim øservices¿ assistance 

programs). 

ø(20)¿ (26) PROTECTION ORDER OR RESTRAINING ORDER.— The term ‘‘protection order’’ or ‘‘restraining order’’ includes— 

(A) * * * 

* * * * * * * 

(27) RAPE CRISIS CENTER.—The term ‘‘rape crisis center’’ 

means— 

(A) a nonprofit, nongovernmental, or tribal organization that provides intervention and related assistance, as 

specified in section 41601(b)(2)(C), to victims of sexual assault without regard to the age of the victims; or 

(B) a governmental entity that— 

(i) is located in a State other than a Territory; 

(ii) provides intervention and related assistance, as 

specified in section 41601(b)(2)(C), to victims of sexual 

assault without regard to the age of the victims; 

(iii) is not a law enforcement agency or other entity 

that is part of the criminal justice system; and 

(iv) offers a level of confidentiality to victims that 

is comparable to a nonprofit entity that provides similar victim services. 

ø(21)¿ (28) RURAL AREA AND RURAL COMMUNITY.—The 

term ‘‘rural area’’ and ‘‘rural community’’ mean— 

(A) any area or community, respectively, no part of 

which is within an area designated as a standard metropolitan statistical area by the Office of Management and 

Budget; øor¿ 

(B) any area or community, respectively, that is— 

(i) * * * 

(ii) located in a rural census tractø.¿; or 

(C) any federally recognized Indian tribe. 

ø(22)¿ (29) RURAL STATE.—The term ‘‘rural State’’ means 

a State that has a population density of ø52¿ 57 or fewer persons per square mile or a State in which the largest county has 

fewer than ø150,000¿ 250,000 people, based on the most recent 

decennial census. 

(30) SEX TRAFFICKING.—The term ‘‘sex trafficking’’ means 

any conduct proscribed by section 1591 of title 18, United States 

Code, whether or not the conduct occurs in interstate or foreign 

commerce or within the special maritime and territorial jurisdiction of the United States. 

ø(23) SEXUAL ASSAULT.—The term ‘‘sexual assault’’ means 

any conduct proscribed by chapter 109A of title 18, United 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
97 

States Code, whether or not the conduct occurs in the special 

maritime and territorial jurisdiction of the United States or in 

a Federal prison and includes both assaults committed by offenders who are strangers to the victim and assaults committed by offenders who are known or related by blood or marriage to the victim.¿ 

(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. 

ø(24)¿ (32) STALKING.—The term ‘‘stalking’’ means engaging in a course of conduct directed at a specific person that 

would cause a reasonable person to— 

(A) * * * 

* * * * * * * 

ø(25)¿ (33) STATE.—The term ‘‘State’’ means each of the 

several States and the District of Columbia, and except as otherwise provided, the Commonwealth of Puerto Rico, Guam, 

American Samoa, the Virgin Islands, and the Northern Mariana Islands. 

ø(26)¿ (34) STATE DOMESTIC VIOLENCE COALITION.—The 

term ‘‘State domestic violence coalition’’ means a program determined by the Administration for Children and Families 

under sections 302 and 311 of the Family Violence Prevention 

and Services Act. 

ø(27)¿ (35) STATE SEXUAL ASSAULT COALITION.—The term 

‘‘State sexual assault coalition’’ means a program determined 

by the Center for Injury Prevention and Control of the Centers 

for Disease Control and Prevention under the Public Health 

Service Act (42 U.S.C. 280b et seq.). 

ø(28)¿ (36) TERRITORIAL DOMESTIC VIOLENCE OR SEXUAL

ASSAULT COALITION.—The term ‘‘territorial domestic violence or 

sexual assault coalition’’ means a program addressing domestic 

or sexual violence that is— 

(A) * * * 

* * * * * * * 

ø(29) TRIBAL COALITION.—The term ‘‘tribal coalition’’ 

means— 

ø(A) an established nonprofit, nongovernmental tribal 

coalition addressing domestic violence and sexual assault 

against American Indian or Alaskan Native women; or 

ø(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to 

address domestic violence and sexual assault against 

American Indian or Alaska Native women.¿ 

(37) TRIBAL COALITION.—The term ‘‘tribal coalition’’ means 

an established nonprofit, nongovernmental Indian organization, 

Alaska Native organization, or a Native Hawaiian organization 

that— 

(A) provides education, support, and technical assistance to member Indian service providers in a manner that 

enables those member providers to establish and maintain 

culturally appropriate services, including shelter and rape 

crisis services, designed to assist Indian women and the deVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00097 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
98 

pendents of those women who are victims of domestic violence, dating violence, sexual assault, and stalking; and 

(B) is comprised of board and general members that 

are representative of— 

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

(ii) the tribal communities in which the services 

are being provided. 

ø(30)¿ (38) TRIBAL GOVERNMENT.—The term ‘‘tribal government’’ means— 

(A) * * * 

* * * * * * * 

ø(31)¿ (39) TRIBAL NONPROFIT ORGANIZATION.—The term 

‘‘tribal nonprofit organization’’ means— 

(A) * * * 

* * * * * * * 

ø(32)¿ (40) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ means— 

(A) * * * 

* * * * * * * 

ø(33) UNDERSERVED POPULATIONS.—The term ‘‘underserved populations’’ 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.¿ 

(41) UNDERSERVED POPULATIONS.—The term ‘‘underserved 

populations’’ means populations who face barriers to accessing 

and using victim services, and includes populations underserved because of geographic location or religion, 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 the Secretary of 

Health and Human Services, as appropriate. 

(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. 

ø(34)¿ (43) VICTIM ADVOCATE.—The term ‘‘victim advocate’’ 

means a person, whether paid or serving as a volunteer, who 

provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a victim services program. 

ø(35)¿ (44) VICTIM ASSISTANT.—The term ‘‘victim assistant’’ 

means a person, whether paid or serving as a volunteer, who 

provides services to victims of domestic violence, sexual assault, stalking, or dating violence under the auspices or supervision of a court or a law enforcement or prosecution agency. 

(45) VICTIM SERVICE PROVIDER.—The term ‘‘victim service 

provider’’ means a nonprofit, nongovernmental or tribal organiVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00098 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
99 

zation or rape crisis center, including a State sexual assault coalition or tribal coalition, that— 

(A) assists domestic violence, dating violence, sexual 

assault, or stalking victims, including domestic violence 

shelters, faith-based organizations, and other organizations; and 

(B) has a documented history of effective work concerning domestic violence, dating violence, sexual assault, 

or stalking. 

ø(36) VICTIM SERVICES OR VICTIM SERVICE PROVIDER.—The 

term ‘‘victim services’’ or ‘‘victim service provider’’ means a 

nonprofit, nongovernmental organization that assists domestic 

violence, dating violence, sexual assault, or stalking victims, 

including rape crisis centers, domestic violence shelters, faithbased organizations, and other organizations, with a documented history of effective work concerning domestic violence, 

dating violence, sexual assault, or stalking.¿ 

(46) VICTIM SERVICES.—The term ‘‘victim services’’— 

(A) means services provided to victims of domestic violence, dating violence, sexual assault, or stalking, including 

telephonic or web-based hotlines, legal advocacy, economic 

advocacy, emergency and transitional shelter, accompaniment and advocacy through medical, civil or criminal justice, immigration, and social support systems, crisis intervention, short-term individual and group support services, 

information and referrals, culturally specific services, population specific services, and other related supportive services; and 

(B) 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). 

ø(37) YOUTH.—The term ‘‘youth’’ means teen and young 

adult victims of domestic violence, dating violence, sexual assault, or stalking.¿ 

(47) YOUTH.—The term ‘‘youth’’ means a person who is 11 

to 24 years of age. 

(b) GRANT CONDITIONS.— (1) * * * 

(2) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.— 

(A) * * * 

(B) NONDISCLOSURE.—Subject to subparagraphs (C) 

and (D), grantees and subgrantees shall not— 

ø(i) disclose any personally identifying information 

or individual information collected in connection with 

services requested, utilized, or denied through grantees’ and subgrantees’ programs; or 

ø(ii) reveal 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 persons with disabilities, the guardian) about 

whom information is sought, whether for this program 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
100 

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, person with disabilities, or the abuser of the other parent of the minor.¿ 

(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— 

(I) 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; and 

(II) 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, 

such minor or person with a guardian may release 

information without additional consent. 

* * * * * * * 

ø(D) INFORMATION SHARING.—Grantees and subgrantees may share— 

ø(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; 

ø(ii) court-generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement 

purposes; and 

ø(iii) law enforcement- and prosecution-generated 

information necessary for law enforcement and prosecution purposes.¿ 

(D) INFORMATION SHARING.— (i) IN GENERAL.—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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
101 

(III) law enforcement-generated and prosecution-generated information necessary for law enforcement, intelligence, national security, or prosecution purposes. 

(ii) LIMITATIONS.—Grantees and subgrantees may 

not— 

(I) require an adult, youth, or child victim of 

domestic violence, dating violence, sexual assault, 

or stalking 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; or 

(II) share any personally identifying information in order to comply with Federal reporting, 

evaluation, or data collection requirements, whether for this program or any other Federal grant program. 

(E) STATUTORILY MANDATED REPORTS OF ABUSE OR NEGLECT.—Nothing in this paragraph prohibits a grantee or 

subgrantee from reporting suspected abuse or neglect, as 

those terms are defined by law, when specifically mandated 

by the State or tribe involved. 

ø(E)¿ (F) OVERSIGHT.—Nothing in this paragraph 

shall prevent the Attorney General from disclosing grant 

activities authorized in this Act to the chairman and ranking members of the Committee on the Judiciary of the 

House of Representatives and the Committee on the Judiciary of the Senate exercising Congressional oversight authority. All disclosures shall protect confidentiality and 

omit personally identifying information, including location 

information about individuals. 

(G) CONFIDENTIALITY ASSESSMENT AND ASSURANCES.— 

Grantees and subgrantees shall certify their compliance 

with the confidentiality and privacy provisions required 

under this section. 

ø(3) APPROVED ACTIVITIES.—In carrying out the activities 

under this title, grantees and subgrantees may collaborate 

with and provide information to Federal, State, local, tribal, 

and territorial public officials and agencies to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking.¿ 

(3) APPROVED ACTIVITIES.—In carrying out the activities 

under this title, grantees and subgrantees may collaborate with 

and 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. 

* * * * * * * 

(7) EVALUATION.—Federal agencies disbursing funds under 

this title shall set aside up to 3 percent of such funds in order 

to conduct— 

(A) * * * 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
102 

Final reports of such evaluations shall be made publically 

available on the website of the disbursing agency. 

* * * * * * * 

(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 any State shall 

on the basis of actual or perceived race, color, religion, national origin, sex, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in 

whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 

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

of 2000 (division B of Public Law 106–386; 114 Stat. 1491), 

the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162; 

119 Stat. 3080), the Violence Against Women Reauthorization Act of 2012, or 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) REASONABLE ACCOMMODATION.—Nothing in this 

paragraph shall prevent consideration of an individual’s 

gender for purposes of a program or activity described in 

subparagraph (A) if the grantee involved determines that 

gender segregation or gender-specific programming is necessary to the essential operation of such program or activity. In such a case, alternative reasonable accommodations 

are sufficient to meet the requirements of this paragraph. 

(C) APPLICATION.—The provisions of paragraphs (2) 

through (4) of section 809(c) of title I of the Omnibus Crime 

Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c)) 

shall apply to violations of subparagraph (A). 

(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities of grantees under other Federal or 

State civil rights law, whether statutory or common. 

(14) REQUIREMENT FOR EVIDENCE-BASED PROGRAMS.—Any 

educational programming, training, or public awareness communications regarding domestic violence, dating violence, sexual assault, or stalking that are funded under this title must 

be evidence-based. 

(c) ACCOUNTABILITY.—All grants awarded under this title shall 

be subject to the following accountability provisions: 

(1) AUDIT REQUIREMENT.—Beginning in fiscal year 2013, 

and in each fiscal year thereafter, the Inspector General of the 

Department of Justice or the Inspector General of the Department of Health and Human Services, as applicable, shall conduct an audit of not fewer than 10 percent of all grantees under 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
103 

this title to prevent waste, fraud, and abuse of funds by such 

grantees. 

(2) MANDATORY EXCLUSION.—A grantee described in paragraph (1) that is found by the Inspector General of the Department of Justice or the Inspector General of the Department of 

Health and Human Services, as applicable, to have an unresolved audit finding (as defined in paragraph (5)) shall not be 

eligible to receive grant funds under this title during the 2 fiscal years beginning after the 12-month period described in such 

paragraph. 

(3) REIMBURSEMENT.—If an entity is awarded grant funds 

under this title during any period in which the entity is prohibited from receiving funds under paragraph (2), the head of the 

Federal agency administering a grant program under this title 

shall— 

(A) deposit into the General Fund of the Treasury an 

amount equal to the grant funds that were improperly 

awarded to the grantee; and 

(B) seek to recoup the costs of the repayment to the 

Fund from the entity that was erroneously awarded such 

grant funds. 

(4) UNRESOLVED AUDIT FINDING DEFINED.—In this subsection, the term ‘‘unresolved audit finding’’ means, with respect 

to a grantee described in paragraph (1), an audit report finding, statement, or recommendation by the Inspector General of 

the Department of Justice or the Inspector General of the Department of Health and Human Service, as applicable, that the 

grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved 

within 12 months from the date of an initial notification of the 

finding, statement, or recommendation. 

(5) NONPROFIT ORGANIZATION REQUIREMENTS.— 

(A) DEFINITION.—For purposes of this paragraph, 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. 

(B) PROHIBITION.—The Attorney General shall not 

award a grant under any grant program under this title 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. 

(6) ADMINISTRATIVE EXPENSES.—Unless otherwise explicitly 

provided in authorizing legislation, not more than 5.0 percent 

of the amounts authorized to be appropriated under this title 

may be used by the Attorney General for salaries and administrative expenses of the Office on Violence Against Women. 

(7) CONFERENCE EXPENDITURES.— 

(A) LIMITATION.—No amounts authorized to be appropriated to the Department of Justice or Department of 

Health and Human Services under this title may be used 

by the Attorney General, the Secretary of Health and 

Human Services, or by any individual or organization 

awarded funds under this title, to host or support any expenditure for conferences, unless in the case of the DepartVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00103 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
104 

ment 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 or support any expenditure for 

such a conference. 

(B) WRITTEN APPROVAL.—Written authorization under 

subparagraph (A) 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. 

(C) REPORT.—The Deputy Attorney General and Deputy Secretary of Health and Human Services shall submit 

an annual report to the Committee on the Judiciary and 

the Committee on Health, Education, Labor, and Pensions 

of the Senate and the Committee on the Judiciary and the 

Committee on Energy and Commerce of the House of Representatives on all conference expenditures approved and 

denied during the fiscal year for which the report is submitted. 

(8) PROHIBITION ON LOBBYING ACTIVITY.— (A) IN GENERAL.—Amounts authorized to be appropriated under this title may not be utilized by any grantee 

or subgrantee to lobby any representative of the Federal 

Government (including the Department of Justice) or a 

State, local, or tribal government regarding the award of 

grant funding. 

(B) PENALTY.—If the Attorney General determines that 

any grantee or subgrantee receiving funds under this title 

has violated subparagraph (A), the Attorney General 

shall— 

(i) require the grantee or subgrantee to repay such 

funds in full; and 

(ii) prohibit the grantee or subgrantee from receiving any funds under this title for not less than 5 years. 

(9) ANNUAL CERTIFICATION.—Beginning in the first fiscal 

year beginning after the date of the enactment of the Violence 

Against Women Reauthorization Act of 2012, 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 a certification for such year that— 

(A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the Assistant Attorney General for the Office of 

Justice Programs; 

(B) all mandatory exclusions required under paragraph (2) have been issued; 

(C) all reimbursements required under paragraph (3) 

have been made; and 

(D) includes a list of any grantees and subgrantees excluded during the previous year under paragraph (2). 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
105 

Subtitle A—Safe Streets for Women 

* * * * * * * 

CHAPTER 5—ASSISTANCE TO VICTIMS OF SEXUAL 

ASSAULT 

* * * * * * * 

SEC. 40152. TRAINING PROGRAMS. 

(a) * * * 

* * * * * * * 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated øto carry out this section $3,000,000 for each of 

fiscal years 2007 through 2011.¿ to carry out this section $5,000,000 

for each of fiscal years 2013 through 2017. 

* * * * * * * 

Subtitle B—Safe Homes for Women 

* * * * * * * 

CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD 

ABUSE ENFORCEMENT 

SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, STALKING, AND CHILD ABUSE ENFORCEMENT 

ASSISTANCE. 

(a) PURPOSES.—The purposes of this section are— 

(1) to identify, assess, and appropriately respond to child, 

youth, and adult victims of domestic violence, sexual assault, 

dating violence, and stalking in rural communities, by encouraging collaboration among— 

(A) * * * 

* * * * * * * 

(H) health care providers, including sexual assault forensic examiners; 

* * * * * * * 

(b) GRANTS AUTHORIZED.—The Attorney General, acting 

through the Director of the Office on Violence Against Women (referred to in this section as the ‘‘Director’’), may award grants to 

States, Indian tribes, local governments, and nonprofit, public or 

private entities, including tribal nonprofit organizations, to carry 

out programs serving rural areas or rural communities that address domestic violence, dating violence, sexual assault, and stalking by— 

(1) implementing, expanding, and establishing cooperative 

efforts and projects among law enforcement officers, prosecutors, øvictim advocacy groups¿ victim service providers, and 

other related parties to investigate and prosecute incidents of 

domestic violence, dating violence, sexual assault, and stalking, 

including developing multidisciplinary teams focusing on highrisk cases with the goal of preventing domestic and dating violence homicides; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
106 

(2) providing treatment, counseling, advocacy, øand other 

long- and short-term assistance¿ legal assistance, and other 

long-term and short-term victim services and population specific services to adult and minor victims of domestic violence, 

dating violence, sexual assault, and stalking in rural communities, including assistance in immigration matters; øand¿ 

(3) working in cooperation with the community to develop 

education and prevention strategies directed toward such 

issuesø.¿; and 

(4) to develop, expand, or strengthen programs addressing 

sexual assault, including sexual assault forensic examiner programs, Sexual Assault Response Teams, law enforcement training, and programs addressing rape kit backlogs. 

* * * * * * * 

(e) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated 

ø$55,000,000 for each of the fiscal years 2007 through 2011¿ 

$50,000,000 for each of fiscal years 2013 through 2017 to carry 

out this section. 

* * * * * * * 

CHAPTER 11—TRANSITIONAL HOUSING ASSISTANCE 

GRANTS FOR øCHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR SEXUAL ASSAULT¿ VICTIMS OF 

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 

SEC. 40299. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR 

øCHILD VICTIMS OF DOMESTIC VIOLENCE, STALKING, OR 

SEXUAL ASSAULT¿ VICTIMS OF DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING. 

(a) IN GENERAL.—The Attorney General, acting in consultation 

with the Director of the Violence Against Women Office of the Department of Justice, the Department of Housing and Urban Development, and the Department of Health and Human Services, shall 

award grants under this section to States, units of local government, Indian tribes, and other organizations, including domestic violence and sexual assault victim service providers, domestic violence and sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally specific 

organizations, that have a documented history of effective work 

concerning domestic violence, dating violence, sexual assault, or 

stalking (referred to in this section as the ‘‘recipient’’) to carry out 

programs to provide assistance to minors, adults, and their dependents— 

(1) who are homeless, or in need of transitional housing or 

other housing assistance, as a result of øfleeing¿ a situation of 

domestic violence, dating violence, sexual assault, or stalking; 

and 

* * * * * * * 

ø(f) REPORT TO CONGRESS.— ø(1) REPORTING REQUIREMENT.—The Attorney General, 

with the Director of the Violence Against Women Office, shall 

prepare and submit to the Committee on the Judiciary of the 

House of Representatives and the Committee on the Judiciary 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
107 

of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (e) 

of this section not later than 1 month after the end of each 

even-numbered fiscal year. 

ø(2) AVAILABILITY OF REPORT.—In order to coordinate efforts to assist the victims of domestic violence, the Attorney 

General, in coordination with the Director of the Violence 

Against Women Office, shall transmit a copy of the report submitted under paragraph (1) to— 

ø(A) the Office of Community Planning and Development at the United States Department of Housing and 

Urban Development; and 

ø(B) the Office of Women’s Health at the United 

States Department of Health and Human Services.¿ 

(g) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section ø$40,000,000 for each of the fiscal 

years 2007 through 2011¿ $35,000,000 for each of fiscal years 

2013 through 2017. 

* * * * * * * 

(3) MINIMUM AMOUNT.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), unless all øeligible¿ qualified applications submitted 

by any States, units of local government, Indian tribes, or 

organizations within a State for a grant under this section 

have been funded, that State, together with the grantees 

within the State (other than Indian tribes), shall be allocated in each fiscal year, not less than 0.75 percent of the 

total amount appropriated in the fiscal year for grants pursuant to this section. 

* * * * * * * 

(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. 

CHAPTER 11—RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE AGAINST WOMEN 

øSEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE 

HEALTH CARE SETTING. 

ø(a) PURPOSE.—The Secretary, acting through the Director of 

the Centers for Disease Control and Prevention and the Director of 

the Agency for Healthcare Research and Quality, shall award 

grants and contracts to fund research on effective interventions in 

the health care setting that prevent domestic violence, dating vioVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00107 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
108 

lence, and sexual assault across the lifespan and that prevent the 

health effects of such violence and improve the safety and health 

of individuals who are currently being victimized. 

ø(b) USE OF FUNDS.—Research conducted with amounts received under a grant or contract under this section shall include 

the following: 

ø(1) With respect to the authority of the Centers for Disease Control and Prevention— 

ø(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 the health status of individuals, 

families, and populations; 

ø(B) research and testing of best messages and strategies to mobilize public and health care provider action concerning the prevention of domestic, dating, or sexual violence; and 

ø(C) measure the comparative effectiveness and outcomes of efforts under this Act to reduce violence and increase women’s safety. 

ø(2) With respect to the authority of the Agency for 

Healthcare Research and Quality— 

ø(A) research on the impact on the health care system, 

health care utilization, health care costs, and health status 

of domestic violence, dating violence, and childhood exposure to domestic and dating violence, sexual violence and 

stalking and childhood exposure; and 

ø(B) research on effective interventions within primary 

care and emergency health care settings and with health 

care settings that include clinical partnerships within community domestic violence providers for adults and children 

exposed to domestic or dating violence. 

ø(c) USE OF DATA.—Research funded under this section shall 

be utilized by eligible entities under section 399O of the Public 

Health Service Act. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $5,000,000 for each of 

fiscal years 2007 through 2011.¿ 

* * * * * * * 

Subtitle H—Elder Abuse, Neglect, and Exploitation, Including Domestic Violence 

and Sexual Assault Against Older or Disabled Individuals 

* * * * * * * 

øSEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE 

AGAINST AND ABUSE OF WOMEN LATER IN LIFE. 

ø(a) GRANTS AUTHORIZED.—The Attorney General, through the 

Director of the Office on Violence Against Women, may award 

grants, which may be used for— 

ø(1) training programs to assist law enforcement, prosecutors, governmental agencies, victim assistants, and relevant ofVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00108 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
109 

ficers of Federal, State, tribal, territorial, and local courts in 

recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation, including domestic violence, dating violence, sexual assault, or stalking 

against victims who are 50 years of age or older; 

ø(2) providing or enhancing services for victims of elder 

abuse, neglect, and exploitation, including domestic violence, 

dating violence, sexual assault, or stalking, who are 50 years 

of age or older; 

ø(3) creating or supporting multidisciplinary collaborative 

community responses to victims of elder abuse, neglect, and exploitation, including domestic violence, dating violence, sexual 

assault, and stalking, who are 50 years of age or older; and 

ø(4) conducting cross-training for victim service organizations, governmental agencies, courts, law enforcement, and 

nonprofit, nongovernmental organizations serving victims of 

elder abuse, neglect, and exploitation, including domestic violence, dating violence, sexual assault, and stalking, who are 50 

years of age or older. 

ø(b) ELIGIBLE ENTITIES.—An entity shall be eligible to receive 

a grant under this section if the entity is— 

ø(1) a State; 

ø(2) a unit of local government; 

ø(3) an Indian tribal government or tribal organization; or 

ø(4) a nonprofit and nongovernmental victim services organization with demonstrated experience in assisting elderly 

women or demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking. 

ø(c) UNDERSERVED POPULATIONS.—In awarding grants under 

this section, the Director shall ensure that services are culturally 

and linguistically relevant and that the needs of underserved populations are being addressed.¿ 

SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END VIOLENCE 

AGAINST WOMEN IN LATER LIFE. 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘eligible entity’’ means an entity that— 

(A) is— 

(i) a State; 

(ii) a unit of local government; 

(iii) a tribal government or tribal organization; 

(iv) a population specific organization with demonstrated experience in assisting individuals in later 

life; 

(v) a victim service provider; or 

(vi) a State, tribal, or territorial domestic violence 

or sexual assault coalition; and 

(B) is partnered with— 

(i) a law enforcement agency; 

(ii) an office of a prosecutor; 

(iii) a victim service provider; or 

(iv) a nonprofit program or government agency 

with demonstrated experience in assisting individuals 

in later life. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
110 

(2) The term ‘‘elder abuse’’ means domestic violence, dating 

violence, sexual assault, or stalking committed against individuals in later life. 

(3) The term ‘‘individual in later life’’ means an individual 

who is 60 years of age or older. 

(b) GRANT PROGRAM.— 

(1) GRANTS AUTHORIZED.—The Attorney General may make 

grants to eligible entities to carry out the activities described in 

paragraph (2). In awarding such grants, the Attorney General 

shall consult with the Secretary of Health and Human Services 

to ensure that the activities funded under this section are not 

duplicative with the activities funded under the elder abuse prevention programs of the Department of Health and Human 

Services. 

(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 2013 through 2017. 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
111 

øSubtitle J—Violence Against Women Act 

Court Training and Improvements 

øSEC. 41001. SHORT TITLE. 

øThis subtitle may be cited as the ‘‘Violence Against Women 

Act Court Training and Improvements Act of 2005’’. 

øSEC. 41002. PURPOSE. 

øThe purpose of this subtitle is to enable the Attorney General, 

though the Director of the Office on Violence Against Women, to 

award grants to improve court responses to adult and youth domestic violence, dating violence, sexual assault, and stalking to be used 

for— 

ø(1) improved internal civil and criminal court functions, 

responses, practices, and procedures; 

ø(2) education for court-based and court-related personnel 

on issues relating to victims’ needs, including safety, security, 

privacy, confidentiality, and economic independence, as well as 

information about perpetrator behavior and best practices for 

holding perpetrators accountable; 

ø(3) collaboration and training with Federal, State, tribal, 

territorial, and local public agencies and officials and nonprofit, 

nongovernmental organizations to improve implementation and 

enforcement of relevant Federal, State, tribal, territorial, and 

local law; 

ø(4) enabling courts or court-based or court-related programs to develop new or enhance current— 

ø(A) court infrastructure (such as specialized courts, 

dockets, intake centers, or interpreter services); 

ø(B) community-based initiatives within the court system (such as court watch programs, victim assistants, or 

community-based supplementary services); 

ø(C) offender management, monitoring, and accountability programs; 

ø(D) safe and confidential information-storage and 

-sharing databases within and between court systems; 

ø(E) education and outreach programs to improve community access, including enhanced access for underserved 

populations; and 

ø(F) other projects likely to improve court responses to 

domestic violence, dating violence, sexual assault, and 

stalking; and 

ø(5) providing technical assistance to Federal, State, tribal, 

territorial, or local courts wishing to improve their practices 

and procedures or to develop new programs. 

øSEC. 41003. GRANT REQUIREMENTS. 

øGrants awarded under this subtitle shall be subject to the following conditions: 

ø(1) ELIGIBLE GRANTEES.—Eligible grantees may include— 

ø(A) Federal, State, tribal, territorial, or local courts or 

court-based programs; and 

ø(B) national, State, tribal, territorial, or local private, 

nonprofit organizations with demonstrated expertise in deVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00111 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
112 

veloping and providing judicial education about domestic 

violence, dating violence, sexual assault, or stalking. 

ø(2) CONDITIONS OF ELIGIBILITY.—To be eligible for a grant 

under this section, applicants shall certify in writing that— 

ø(A) any courts or court-based personnel working directly with or making decisions about adult or youth parties experiencing domestic violence, dating violence, sexual 

assault, and stalking have completed or will complete education about domestic violence, dating violence, sexual assault, and stalking; 

ø(B) any education program developed under section 

41002 has been or will be developed with significant input 

from and in collaboration with a national, tribal, State, 

territorial, or local victim services provider or coalition; 

and 

ø(C) the grantee’s internal organizational policies, procedures, or rules do not require mediation or counseling 

between offenders and victims physically together in cases 

where domestic violence, dating violence, sexual assault, or 

stalking is an issue. 

øSEC. 41004. NATIONAL EDUCATION CURRICULA. 

ø(a) IN GENERAL.—The Attorney General, through the Director 

of the Office on Violence Against Women, shall fund efforts to develop a national education curriculum for use by State and national 

judicial educators to ensure that all courts and court personnel 

have access to information about relevant Federal, State, territorial, or local law, promising practices, procedures, and policies regarding court responses to adult and youth domestic violence, dating violence, sexual assault, and stalking. 

ø(b) ELIGIBLE ENTITIES.—Any curricula developed under this 

section— 

ø(1) shall be developed by an entity or entities having 

demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence, 

sexual assault, and stalking; or 

ø(2) if the primary grantee does not have demonstrated expertise with such issues, shall be developed by the primary 

grantee in partnership with an organization having such expertise. 

øSEC. 41005. TRIBAL CURRICULA. 

ø(a) IN GENERAL.—The Attorney General, through the Office 

on Violence Against Women, shall fund efforts to develop education 

curricula for tribal court judges to ensure that all tribal courts 

have relevant information about promising practices, procedures, 

policies, and law regarding tribal court responses to adult and 

youth domestic violence, dating violence, sexual assault, and stalking. 

ø(b) ELIGIBLE ENTITIES.—Any curricula developed under this 

section— 

ø(1) shall be developed by a tribal organization having 

demonstrated expertise in developing judicial education curricula on issues relating to domestic violence, dating violence, 

sexual assault, and stalking; or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
113 

ø(2) if the primary grantee does not have such expertise, 

the curricula shall be developed by the primary grantee 

through partnership with organizations having such expertise. 

øSEC. 41006. AUTHORIZATION OF APPROPRIATIONS. 

ø(a) IN GENERAL.—There is authorized to be appropriated to 

carry out this subtitle $5,000,000 for each of fiscal years 2007 to 

2011. 

ø(b) AVAILABILITY.—Funds appropriated under this section 

shall remain available until expended and may only be used for the 

specific programs and activities described in this subtitle. 

ø(c) SET ASIDE.— 

ø(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 2015 of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796gg–10). 

ø(2) APPLICABILITY OF PART.—The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).¿ 

* * * * * * * 

Subtitle L—Services, Education, Protection 

and Justice for Young Victims of Violence 

øSEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH. 

ø(a) GRANTS AUTHORIZED.—The Attorney General, in consultation with the Department of Health and Human Services, shall 

award grants to eligible entities to conduct programs to serve youth 

victims of domestic violence, dating violence, sexual assault, and 

stalking. Amounts appropriated under this section may only be 

used for programs and activities described under subsection (c). 

ø(b) ELIGIBLE GRANTEES.—To be eligible to receive a grant 

under this section, an entity shall be— 

ø(1) a nonprofit, nongovernmental entity, the primary purpose of which is to provide services to teen and young adult 

victims of domestic violence, dating violence, sexual assault, or 

stalking; 

ø(2) a community-based organization specializing in intervention or violence prevention services for youth; 

ø(3) an Indian Tribe or tribal organization providing services primarily to tribal youth or tribal victims of domestic violence, dating violence, sexual assault or stalking; or 

ø(4) a nonprofit, nongovernmental entity providing services 

for runaway or homeless youth affected by domestic or sexual 

abuse. 

ø(c) USE OF FUNDS.— 

ø(1) IN GENERAL.—An entity that receives a grant under 

this section shall use amounts provided under the grant to design or replicate, and implement, programs and services, using 

domestic violence, dating violence, sexual assault, and stalking 

intervention models to respond to the needs of youth who are 

victims of domestic violence, dating violence, sexual assault or 

stalking. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
114 

ø(2) TYPES OF PROGRAMS.—Such a program— 

ø(A) shall provide direct counseling and advocacy for 

youth and young adults, who have experienced domestic 

violence, dating violence, sexual assault or stalking; 

ø(B) shall include linguistically, culturally, and community relevant services for underserved populations or 

linkages to existing services in the community tailored to 

the needs of underserved populations; 

ø(C) may include mental health services for youth and 

young adults who have experienced domestic violence, dating violence, sexual assault, or stalking; 

ø(D) may include legal advocacy efforts on behalf of 

youth and young adults with respect to domestic violence, 

dating violence, sexual assault or stalking; 

ø(E) may work with public officials and agencies to develop and implement policies, rules, and procedures in 

order to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking against youth and 

young adults; and 

ø(F) may use not more than 25 percent of the grant 

funds to provide additional services and resources for 

youth, including childcare, transportation, educational support, and respite care. 

ø(d) AWARDS BASIS.— ø(1) GRANTS TO INDIAN TRIBES.—Not less than 7 percent of 

funds appropriated under this section in any year shall be 

available for grants to Indian Tribes or tribal organizations. 

ø(2) ADMINISTRATION.—The Attorney General shall not use 

more than 2.5 percent of funds appropriated under this section 

in any year for administration, monitoring, and evaluation of 

grants made available under this section. 

ø(3) TECHNICAL ASSISTANCE.—Not less than 5 percent of 

funds appropriated under this section in any year shall be 

available to provide technical assistance for programs funded 

under this section. 

ø(e) TERM.—The Attorney General shall make the grants 

under this section for a period of 3 fiscal years. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $15,000,000 for each 

of fiscal years 2007 through 2011. 

øSEC. 41202. ACCESS TO JUSTICE FOR YOUTH. 

ø(a) PURPOSE.—It is the purpose of this section to encourage 

cross training and collaboration between the courts, domestic violence and sexual assault service providers, youth organizations and 

service providers, violence prevention programs, and law enforcement agencies, so that communities can establish and implement 

policies, procedures, and practices to protect and more comprehensively and effectively serve young victims of dating violence, domestic violence, sexual assault, and stalking who are between the ages 

of 12 and 24, and to engage, where necessary, other entities addressing the safety, health, mental health, social service, housing, 

and economic needs of young victims of domestic violence, dating 

violence, sexual assault, and stalking, including community-based 

supports such as schools, local health centers, community action 

groups, and neighborhood coalitions. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
115 

ø(b) GRANT AUTHORITY.— ø(1) IN GENERAL.—The Attorney General, through the Director of the Office on Violence Against Women (in this section 

referred to as the ‘‘Director’’), shall make grants to eligible entities to carry out the purposes of this section. 

ø(2) GRANT PERIODS.—Grants shall be awarded under this 

section for a period of 2 fiscal years. 

ø(3) ELIGIBLE ENTITIES.—To be eligible for a grant under 

this section, a grant applicant shall establish a collaboration 

that— 

ø(A) shall include a victim service provider that has a 

documented history of effective work concerning domestic 

violence, dating violence, sexual assault, or stalking and 

the effect that those forms of abuse have on young people; 

ø(B) shall include a court or law enforcement agency 

partner; and 

ø(C) may include— 

ø(i) batterer intervention programs or sex offender 

treatment programs with specialized knowledge and 

experience working with youth offenders; 

ø(ii) community-based youth organizations that 

deal specifically with the concerns and problems faced 

by youth, including programs that target teen parents 

and underserved communities; 

ø(iii) schools or school-based programs designed to 

provide prevention or intervention services to youth 

experiencing problems; 

ø(iv) faith-based entities that deal with the concerns and problems faced by youth; 

ø(v) healthcare entities eligible for reimbursement 

under title XVIII of the Social Security Act, including 

providers that target the special needs of youth; 

ø(vi) education programs on HIV and other sexually transmitted diseases that are designed to target 

teens; 

ø(vii) Indian Health Service, tribal child protective 

services, the Bureau of Indian Affairs, or the Federal 

Bureau of Investigations; or 

ø(viii) law enforcement agencies of the Bureau of 

Indian Affairs providing tribal law enforcement. 

ø(c) USES OF FUNDS.—An entity that receives a grant under 

this section shall use the funds made available through the grant 

for cross-training and collaborative efforts— 

ø(1) addressing domestic violence, dating violence, sexual 

assault, and stalking, assessing and analyzing currently available services for youth and young adult victims, determining 

relevant barriers to such services in a particular locality, and 

developing a community protocol to address such problems collaboratively; 

ø(2) to establish and enhance linkages and collaboration 

between— 

ø(A) domestic violence and sexual assault service providers; and 

ø(B) where applicable, law enforcement agencies, 

courts, Federal agencies, and other entities addressing the 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
116 

safety, health, mental health, social service, housing, and 

economic needs of young victims of abuse, including community-based supports such as schools, local health centers, community action groups, and neighborhood coalitions— 

ø(i) to respond effectively and comprehensively to 

the varying needs of young victims of abuse; 

ø(ii) to include linguistically, culturally, and community relevant services for underserved populations 

or linkages to existing services in the community tailored to the needs of underserved populations; and 

ø(iii) to include where appropriate legal assistance, referral services, and parental support; 

ø(3) to educate the staff of courts, domestic violence and 

sexual assault service providers, and, as applicable, the staff of 

law enforcement agencies, Indian child welfare agencies, youth 

organizations, schools, healthcare providers, and other community prevention and intervention programs to responsibly address youth victims and perpetrators of domestic violence, dating violence, sexual assault, and stalking; 

ø(4) to identify, assess, and respond appropriately to dating violence, domestic violence, sexual assault, or stalking 

against teens and young adults and meet the needs of young 

victims of violence; and 

ø(5) to provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual assault, and stalking and ensure necessary services dealing with 

the health and mental health of victims are available. 

ø(d) GRANT APPLICATIONS.—To be eligible for a grant under 

this section, the entities that are members of the applicant collaboration described in subsection (b)(3) shall jointly submit an application to the Director at such time, in such manner, and containing 

such information as the Director may require. 

ø(e) PRIORITY.—In awarding grants under this section, the Director shall give priority to entities that have submitted applications in partnership with community organizations and service providers that work primarily with youth, especially teens, and who 

have demonstrated a commitment to coalition building and cooperative problem solving in dealing with problems of dating violence, 

domestic violence, sexual assault, and stalking in teen populations. 

ø(f) DISTRIBUTION.—In awarding grants under this section— 

ø(1) not less than 10 percent of funds appropriated under 

this section in any year shall be available to Indian tribal governments to establish and maintain collaborations involving 

the appropriate tribal justice and social services departments 

or domestic violence or sexual assault service providers, the 

purpose of which is to provide culturally appropriate services 

to American Indian women or youth; 

ø(2) the Director shall not use more than 2.5 percent of 

funds appropriated under this section in any year for monitoring and evaluation of grants made available under this section; 

ø(3) the Attorney General of the United States shall not 

use more than 2.5 percent of funds appropriated under this 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
117 

section in any year for administration of grants made available 

under this section; and 

ø(4) up to 8 percent of funds appropriated under this section in any year shall be available to provide technical assistance for programs funded under this section. 

ø(g) DISSEMINATION OF INFORMATION.—Not later than 12 

months after the end of the grant period under this section, the Director shall prepare, submit to Congress, and make widely available, including through electronic means, summaries that contain 

information on— 

ø(1) the activities implemented by the recipients of the 

grants awarded under this section; and 

ø(2) related initiatives undertaken by the Director to promote attention to dating violence, domestic violence, sexual assault, and stalking and their impact on young victims by— 

ø(A) the staffs of courts; 

ø(B) domestic violence, dating violence, sexual assault, 

and stalking victim service providers; and 

ø(C) law enforcement agencies and community organizations. 

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, $5,000,000 in each 

of fiscal years 2007 through 2011. 

øSEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE 

INTERSECTION BETWEEN DOMESTIC VIOLENCE AND 

CHILD MALTREATMENT. 

ø(a) PURPOSE.—The purpose of this section is to support efforts 

by child welfare agencies, domestic violence or dating violence victim services providers, courts, law enforcement, and other related 

professionals and community organizations to develop collaborative 

responses and services and provide cross-training to enhance community responses to families where there is both child maltreatment and domestic violence. 

ø(b) GRANTS AUTHORIZED.—The Secretary of the Department of 

Health and Human Services (in this section referred to as the ‘‘Secretary’’), through the Family and Youth Services Bureau, and in 

consultation with the Office on Violence Against Women, shall 

award grants on a competitive basis to eligible entities for the purposes and in the manner described in this section. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $5,000,000 for each 

of fiscal years 2007 through 2011. Funds appropriated under this 

section shall remain available until expended. Of the amounts appropriated to carry out this section for each fiscal year, the Secretary shall— 

ø(1) use not more than 3 percent for evaluation, monitoring, site visits, grantee conferences, and other administrative costs associated with conducting activities under this section; 

ø(2) set aside not more than 7 percent for grants to Indian 

tribes to develop programs addressing child maltreatment and 

domestic violence or dating violence that are operated by, or in 

partnership with, a tribal organization; and 

ø(3) set aside up to 8 percent for technical assistance and 

training to be provided by organizations having demonstrated 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
118 

expertise in developing collaborative community and system responses to families in which there is both child maltreatment 

and domestic violence or dating violence, which technical assistance and training may be offered to jurisdictions in the 

process of developing community responses to families in which 

children are exposed to child maltreatment and domestic violence or dating violence, whether or not they are receiving 

funds under this section. 

ø(d) UNDERSERVED POPULATIONS.—In awarding grants under 

this section, the Secretary shall consider the needs of underserved 

populations. 

ø(e) GRANT AWARDS.—The Secretary shall award grants under 

this section for periods of not more than 2 fiscal years. 

ø(f) USES OF FUNDS.—Entities receiving grants under this section shall use amounts provided to develop collaborative responses 

and services and provide cross-training to enhance community responses to families where there is both child maltreatment and domestic violence or dating violence. Amounts distributed under this 

section may only be used for programs and activities described in 

subsection (g). 

ø(g) PROGRAMS AND ACTIVITIES.—The programs and activities 

developed under this section shall— 

ø(1) encourage cross training, education, service development, and collaboration among child welfare agencies, domestic 

violence victim service providers, and courts, law enforcement 

agencies, community-based programs, and other entities, in 

order to ensure that such entities have the capacity to and will 

identify, assess, and respond appropriately to— 

ø(A) domestic violence or dating violence in homes 

where children are present and may be exposed to the violence; 

ø(B) domestic violence or dating violence in child protection cases; and 

ø(C) the needs of both the child and nonabusing parent; 

ø(2) establish and implement policies, procedures, programs, and practices for child welfare agencies, domestic violence victim service providers, courts, law enforcement agencies, and other entities, that are consistent with the principles 

of protecting and increasing the immediate and long-term safety and well being of children and non-abusing parents and 

caretakers; 

ø(3) increase cooperation and enhance linkages between 

child welfare agencies, domestic violence victim service providers, courts, law enforcement agencies, and other entities to 

provide more comprehensive community-based services (including health, mental health, social service, housing, and neighborhood resources) to protect and to serve both child and adult 

victims; 

ø(4) identify, assess, and respond appropriately to domestic 

violence or dating violence in child protection cases and to 

child maltreatment when it co-occurs with domestic violence or 

dating violence; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
119 

ø(5) analyze and change policies, procedures, and protocols 

that contribute to overrepresentation of certain populations in 

the court and child welfare system; and 

ø(6) provide appropriate referrals to community-based programs and resources, such as health and mental health services, shelter and housing assistance for adult and youth victims 

and their children, legal assistance and advocacy for adult and 

youth victims, assistance for parents to help their children cope 

with the impact of exposure to domestic violence or dating violence and child maltreatment, appropriate intervention and 

treatment for adult perpetrators of domestic violence or dating 

violence whose children are the subjects of child protection 

cases, programs providing support and assistance to underserved populations, and other necessary supportive services. 

ø(h) GRANTEE REQUIREMENTS.— 

ø(1) APPLICATIONS.—Under this section, an entity shall 

prepare and submit to the Secretary an application at such 

time, in such manner, and containing such information as the 

Secretary may require, consistent with the requirements described herein. The application shall— 

ø(A) ensure that communities impacted by these systems or organizations are adequately represented in the 

development of the application, the programs and activities to be undertaken, and that they have a significant role 

in evaluating the success of the project; 

ø(B) describe how the training and collaboration activities will enhance or ensure the safety and economic security of families where both child maltreatment and domestic violence or dating violence occurs by providing appropriate resources, protection, and support to the victimized parents of such children and to the children themselves; and 

ø(C) outline methods and means participating entities 

will use to ensure that all services are provided in a developmentally, linguistically and culturally competent manner and will utilize community-based supports and resources. 

ø(2) ELIGIBLE ENTITIES.—To be eligible for a grant under 

this section, an entity shall be a collaboration that— 

ø(A) shall include a State or local child welfare agency 

or Indian Tribe; 

ø(B) shall include a domestic violence or dating violence victim service provider; 

ø(C) shall include a law enforcement agency or Bureau 

of Indian Affairs providing tribal law enforcement; 

ø(D) may include a court; and 

ø(E) may include any other such agencies or private 

nonprofit organizations and faith-based organizations, including community-based organizations, with the capacity 

to provide effective help to the child and adult victims 

served by the collaboration. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
120 

øSEC. 41204. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING IN MIDDLE AND 

HIGH SCHOOLS. 

ø(a) SHORT TITLE.—This section may be cited as the ‘‘Supporting Teens through Education and Protection Act of 2005’’ or the 

‘‘STEP Act’’. 

ø(b) GRANTS AUTHORIZED.—The Attorney General, through the 

Director of the Office on Violence Against Women, is authorized to 

award grants to middle schools and high schools that work with domestic violence and sexual assault experts to enable the schools— 

ø(1) to provide training to school administrators, faculty, 

counselors, coaches, healthcare providers, security personnel, 

and other staff on the needs and concerns of students who experience domestic violence, dating violence, sexual assault, or 

stalking, and the impact of such violence on students; 

ø(2) to develop and implement policies in middle and high 

schools regarding appropriate, safe responses to, and identification and referral procedures for, students who are experiencing 

or perpetrating domestic violence, dating violence, sexual assault, or stalking, including procedures for handling the requirements of court protective orders issued to or against students or school personnel, in a manner that ensures the safety 

of the victim and holds the perpetrator accountable; 

ø(3) to provide support services for students and school 

personnel, such as a resource person who is either on-site or 

on-call, and who is an expert described in subsections (i)(2) and 

(i)(3), for the purpose of developing and strengthening effective 

prevention and intervention strategies for students and school 

personnel experiencing domestic violence, dating violence, sexual assault or stalking; 

ø(4) to provide developmentally appropriate educational 

programming to students regarding domestic violence, dating 

violence, sexual assault, and stalking, and the impact of experiencing domestic violence, dating violence, sexual assault, and 

stalking on children and youth by adapting existing curricula 

activities to the relevant student population; 

ø(5) to work with existing mentoring programs and develop strong mentoring programs for students, including student athletes, to help them understand and recognize violence 

and violent behavior, how to prevent it and how to appropriately address their feelings; and 

ø(6) to conduct evaluations to assess the impact of programs and policies assisted under this section in order to enhance the development of the programs. 

ø(c) AWARD BASIS.—The Director shall award grants and contracts under this section on a competitive basis. 

ø(d) POLICY DISSEMINATION.—The Director shall disseminate to 

middle and high schools any existing Department of Justice, Department of Health and Human Services, and Department of Education policy guidance and curricula regarding the prevention of domestic violence, dating violence, sexual assault, and stalking, and 

the impact of the violence on children and youth. 

ø(e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION.—In order to ensure the safety of adult, youth, and minor victims of domestic violence, dating violence, sexual assault, or stalking and their families, grantees and subgrantees shall protect the 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
121 

confidentiality and privacy of persons receiving services. Grantees 

and subgrantees pursuant to this section shall not disclose any personally identifying information or individual information collected 

in connection with services requested, utilized, or denied through 

grantees’ and subgrantees’ programs. Grantees and subgrantees 

shall not reveal individual client information without the informed, 

written, reasonably time-limited consent of the person (or in the 

case of unemancipated minor, the minor and the parent or guardian, except that consent for release may not be given by the abuser 

of the minor or of the other parent of the minor) about whom information is sought, whether for this program or any other Tribal, 

Federal, State or Territorial grant program. If release of such information is compelled by statutory or court mandate, grantees and 

subgrantees shall make reasonable attempts to provide notice to 

victims affected by the disclosure of information. If such personally 

identifying information is or will be revealed, grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information. Grantees may share non-personally identifying data in the aggregate regarding services to their clients and non-personally identifying demographic information in order to comply with Tribal, Federal, 

State or Territorial reporting, evaluation, or data collection requirements. Grantees and subgrantees may share court-generated information contained in secure, governmental registries for protection 

order enforcement purposes. 

ø(f) GRANT TERM AND ALLOCATION.— ø(1) TERM.—The Director shall make the grants under this 

section for a period of 3 fiscal years. 

ø(2) ALLOCATION.—Not more than 15 percent of the funds 

available to a grantee in a given year shall be used for the purposes described in subsection (b)(4), (b)(5), and (b)(6). 

ø(g) DISTRIBUTION.— 

ø(1) IN GENERAL.—Not less than 5 percent of funds appropriated under subsection (l) in any year shall be available for 

grants to tribal schools, schools on tribal lands or schools 

whose student population is more than 25 percent Native 

American. 

ø(2) ADMINISTRATION.—The Director shall not use more 

than 5 percent of funds appropriated under subsection (l) in 

any year for administration, monitoring and evaluation of 

grants made available under this section. 

ø(3) TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION.—Not less than 5 percent of funds appropriated under 

subsection (l) in any year shall be available to provide training, 

technical assistance, and data collection for programs funded 

under this section. 

ø(h) APPLICATION.—To be eligible to be awarded a grant or contract under this section for any fiscal year, a middle or secondary 

school, in consultation with an expert as described in subsections 

(i)(2) and (i)(3), shall submit an application to the Director at such 

time and in such manner as the Director shall prescribe. 

ø(i) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 

this section, an entity shall be a partnership that— 

ø(1) shall include a public, charter, tribal, or nationally accredited private middle or high school, a school administered 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
122 

by the Department of Defense under 10 U.S.C. 2164 or 20 

U.S.C. 921, a group of schools, or a school district; 

ø(2) shall include a domestic violence victim service provider that has a history of working on domestic violence and 

the impact that domestic violence and dating violence have on 

children and youth; 

ø(3) shall include a sexual assault victim service provider, 

such as a rape crisis center, program serving tribal victims of 

sexual assault, or coalition or other nonprofit nongovernmental 

organization carrying out a community-based sexual assault 

program, that has a history of effective work concerning sexual 

assault and the impact that sexual assault has on children and 

youth; and 

ø(4) may include a law enforcement agency, the State, 

Tribal, Territorial or local court, nonprofit nongovernmental organizations and service providers addressing sexual harassment, bullying or gang-related violence in schools, and any 

other such agencies or nonprofit nongovernmental organizations with the capacity to provide effective assistance to the 

adult, youth, and minor victims served by the partnership. 

ø(j) PRIORITY.—In awarding grants under this section, the Director shall give priority to entities that have submitted applications in partnership with relevant courts or law enforcement agencies. 

ø(k) REPORTING AND DISSEMINATION OF INFORMATION.— ø(1) REPORTING.—Each of the entities that are members of 

the applicant partnership described in subsection (i), that receive a grant under this section shall jointly prepare and submit to the Director every 18 months a report detailing the activities that the entities have undertaken under the grant and 

such additional information as the Director shall require. 

ø(2) DISSEMINATION OF INFORMATION.—Within 9 months of 

the completion of the first full grant cycle, the Director shall 

publicly disseminate, including through electronic means, 

model policies and procedures developed and implemented in 

middle and high schools by the grantees, including information 

on the impact the policies have had on their respective schools 

and communities. 

ø(l) AUTHORIZATION OF APPROPRIATIONS.— ø(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section, $5,000,000 for each of fiscal years 

2007 through 2011. 

ø(2) AVAILABILITY.—Funds appropriated under paragraph 

(1) shall remain available until expended.¿ 

SEC. 41201. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND EDUCATION FOR CHILDREN AND YOUTH 

(CHOOSE CHILDREN AND 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 to prevent 

future violence. 

(b) PROGRAM PURPOSES.—Funds provided under this section 

may be used for the following program purpose areas: 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
123 

(1) SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.— 

To develop, expand, and strengthen victim 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 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 on youth. Funds may be used to— 

(A) assess and analyze 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, and stalking, as well as homeless 

youth, and to properly refer such children, youth, and their 

families to appropriate services. 

(2) SUPPORTING YOUTH THROUGH EDUCATION AND PROTECTION.—To enable secondary or elementary schools that serve 

students in any of grades five through twelve and institutions 

of higher education to— 

(A) provide training to school personnel, including 

health care 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 age-appropriate prevention 

and intervention policies in accordance with State law in 

secondary or elementary schools that serve students in any 

of grades five through twelve, 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; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
124 

(D) provide evidence-based educational programs for 

students regarding domestic violence, dating violence, sexual assault, and stalking; or 

(E) develop strategies to increase identification, support, referrals, and prevention programs 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 organization, population specific organization, 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 an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary 

Education Act of 1965), charter school (as defined in section 5210 of such Act), a school that is operated or supported by the Bureau of Indian Education, or a legally operating private 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 such schools, a local educational agency (as defined in section 9101(26) of the Elementary and Secondary Education Act of 1965), or an institution of higher education (as defined in section 101(a) 

of the Higher Education Act of 1965). 

(B) OTHER PARTNERSHIPS.—All applicants under this 

section are encouraged to work in partnership with organizations and agencies that work with the relevant youth 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— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
125 

(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 with priority 

on victim safety and autonomy; 

(3) ensure that all individuals providing intervention or 

prevention programs 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; and 

(4) ensure that parents are informed of the programs funded under this program that are being offered at their child’s 

school. 

(e) PRIORITY.—The Attorney General shall prioritize grant applications under this section that coordinate with prevention programs in the community. 

(f) DEFINITIONS AND GRANT CONDITIONS.—In this section, the 

definitions and grant conditions provided for in section 40002 shall 

apply. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $15,000,000 for each of 

the fiscal years 2013 through 2017. 

(h) 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 (42 U.S.C. 3796gg–10). 

* * * * * * * 

Subtitle M—Strengthening America’s Families by Preventing Violence Against 

Women and Children 

* * * * * * * 

øSEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO 

VIOLENCE. 

ø(a) GRANTS AUTHORIZED.— 

ø(1) IN GENERAL.—The Attorney General, acting through 

the Director of the Office on Violence Against Women, and in 

collaboration with the Department of Health and Human Services, is authorized to award grants on a competitive basis to eligible entities for the purpose of mitigating the effects of domestic violence, dating violence, sexual assault, and stalking 

on children exposed to such violence, and reducing the risk of 

future victimization or perpetration of domestic violence, dating violence, sexual assault, and stalking. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
126 

ø(2) TERM.—The Director shall make grants under this 

section for a period of 2 fiscal years. 

ø(3) AWARD BASIS.—The Director shall award grants— 

ø(A) considering the needs of underserved populations; 

ø(B) awarding not less than 10 percent of such 

amounts to Indian tribes for the funding of tribal projects 

from the amounts made available under this section for a 

fiscal year; 

ø(C) awarding up to 8 percent for the funding of technical assistance programs from the amounts made available under this section for a fiscal year; and 

ø(D) awarding not less than 66 percent to programs 

described in subsection (c)(1) from the amounts made 

available under this section for a fiscal year. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $20,000,000 for each of 

fiscal years 2007 through 2011. 

ø(c) USE OF FUNDS.—The funds appropriated under this section shall be used for— 

ø(1) programs that provide services for children exposed to 

domestic violence, dating violence, sexual assault, or stalking, 

which may include direct counseling, advocacy, or mentoring, 

and must include support for the nonabusing parent or the 

child’s caretaker; or 

ø(2) training, coordination, and advocacy for programs that 

serve children and youth (such as Head Start, child care, and 

after-school programs) on how to safely and confidentially identify children and families experiencing domestic violence and 

properly refer them to programs that can provide direct services to the family and children, and coordination with other domestic violence or other programs serving children exposed to 

domestic violence, dating violence, sexual assault, or stalking 

that can provide the training and direct services referenced in 

this subsection. 

ø(d) ELIGIBLE ENTITIES.—To be eligible to receive a grant 

under this section, an entity shall be a— 

ø(1) a victim service provider, tribal nonprofit organization 

or community-based organization that has a documented history of effective work concerning children or youth exposed to 

domestic violence, dating violence, sexual assault, or stalking, 

including programs that provide culturally specific services, 

Head Start, childcare, faith-based organizations, after school 

programs, and health and mental health providers; or 

ø(2) a State, territorial, or tribal, or local unit of government agency that is partnered with an organization described 

in paragraph (1). 

ø(e) GRANTEE REQUIREMENTS.—Under this section, an entity 

shall— 

ø(1) prepare and submit to the Director an application at 

such time, in such manner, and containing such information as 

the Director may require; and 

ø(2) at a minimum, describe in the application the policies 

and procedures that the entity has or will adopt to— 

ø(A) enhance or ensure the safety and security of children who have been or are being exposed to violence and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
127 

their nonabusing parent, enhance or ensure the safety and 

security of children and their nonabusing parent in homes 

already experiencing domestic violence, dating violence, 

sexual assault, or stalking; and 

ø(B) ensure linguistically, culturally, and community 

relevant services for underserved communities. 

øSEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS 

FOR HOME VISITATION PROJECTS. 

ø(a) GRANTS AUTHORIZED.— ø(1) IN GENERAL.—The Attorney General, acting through 

the Director of the Office on Violence Against Women, and in 

collaboration with the Department of Health and Human Services, shall award grants on a competitive basis to home visitation programs, in collaboration with victim service providers, 

for the purposes of developing and implementing model policies 

and procedures to train home visitation service providers on 

addressing domestic violence, dating violence, sexual assault, 

and stalking in families experiencing violence, or at risk of violence, to reduce the impact of that violence on children, maintain safety, improve parenting skills, and break intergenerational cycles of violence. 

ø(2) TERM.—The Director shall make the grants under this 

section for a period of 2 fiscal years. 

ø(3) AWARD BASIS.—The Director shall— 

ø(A) consider the needs of underserved populations; 

ø(B) award not less than 7 percent of such amounts 

for the funding of tribal projects from the amounts made 

available under this section for a fiscal year; and 

ø(C) award up to 8 percent for the funding of technical 

assistance programs from the amounts made available 

under this section for a fiscal year. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $7,000,000 for each of 

fiscal years 2007 through 2011. 

ø(c) ELIGIBLE ENTITIES.—To be eligible to receive a grant 

under this section, an entity shall be a national, Federal, State, 

local, territorial, or tribal— 

ø(1) home visitation program that provides services to 

pregnant women and to young children and their parent or primary caregiver that are provided in the permanent or temporary residence or in other familiar surroundings of the individual or family receiving such services; or 

ø(2) victim services organization or agency in collaboration 

with an organization or organizations listed in paragraph (1). 

ø(d) GRANTEE REQUIREMENTS.—Under this section, an entity 

shall— 

ø(1) prepare and submit to the Director an application at 

such time, in such manner, and containing such information as 

the Director may require; and 

ø(2) describe in the application the policies and procedures 

that the entity has or will adopt to— 

ø(A) enhance or ensure the safety and security of children and their nonabusing parent in homes already experiencing domestic violence, dating violence, sexual assault, 

or stalking; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
128 

ø(B) ensure linguistically, culturally, and community 

relevant services for underserved communities; 

ø(C) ensure the adequate training by domestic violence, dating violence, sexual assault or stalking victim 

service providers of home visitation grantee program staff 

to— 

ø(i) safely screen for and/or recognize domestic violence, dating violence, sexual assault, and stalking; 

ø(ii) understand the impact of domestic violence or 

sexual assault on children and protective actions 

taken by a nonabusing parent or caretaker in response 

to violence against anyone in the household; and 

ø(iii) link new parents with existing community 

resources in communities where resources exist; and 

ø(D) ensure that relevant State and local domestic violence, dating violence, sexual assault, and stalking victim 

service providers and coalitions are aware of the efforts of 

organizations receiving grants under this section, and are 

included as training partners, where possible. 

øSEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND 

STALKING. 

ø(a) GRANTS AUTHORIZED.— ø(1) IN GENERAL.—The Attorney General, acting through 

the Director of the Office on Violence Against Women, and in 

collaboration with the Department of Health and Human Services, shall award grants on a competitive basis to eligible entities for the purpose of developing or enhancing programs related to engaging men and youth in preventing domestic violence, dating violence, sexual assault, and stalking by helping 

them to develop mutually respectful, nonviolent relationships. 

ø(2) TERM.—The Director shall make grants under this 

section for a period of 2 fiscal years. 

ø(3) AWARD BASIS.—The Director shall award grants— 

ø(A) considering the needs of underserved populations; 

ø(B) awarding not less than 10 percent of such 

amounts for the funding of Indian tribes from the amounts 

made available under this section for a fiscal year; and 

ø(C) awarding up to 8 percent for the funding of technical assistance for grantees and non-grantees working in 

this area from the amounts made available under this section for a fiscal year. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $10,000,000 for each of 

fiscal years 2007 through 2011. 

ø(c) USE OF FUNDS.— 

ø(1) PROGRAMS.—The funds appropriated under this section shall be used by eligible entities— 

ø(A) to develop or enhance community-based programs, including gender-specific programs in accordance 

with applicable laws that— 

ø(i) encourage children and youth to pursue nonviolent relationships and reduce their risk of becoming 

victims or perpetrators of domestic violence, dating violence, sexual assault, or stalking; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
129 

ø(ii) that include at a minimum— 

ø(I) information on domestic violence, dating 

violence, sexual assault, stalking, or child sexual 

abuse and how they affect children and youth; and 

ø(II) strategies to help participants be as safe 

as possible; or 

ø(B) to create public education campaigns and community organizing to encourage men and boys to work as allies with women and girls to prevent violence against 

women and girls conducted by entities that have experience in conducting public education campaigns that address domestic violence, dating violence, sexual assault, or 

stalking. 

ø(2) MEDIA LIMITS.—No more than 40 percent of funds received by a grantee under this section may be used to create 

and distribute media materials. 

ø(d) ELIGIBLE ENTITIES.— 

ø(1) RELATIONSHIPS.—Eligible entities under subsection 

(c)(1)(A) are— 

ø(A) nonprofit, nongovernmental domestic violence, 

dating violence, sexual assault, or stalking victim service 

providers or coalitions; 

ø(B) community-based child or youth services organizations with demonstrated experience and expertise in addressing the needs and concerns of young people; 

ø(C) a State, territorial, tribal, or unit of local governmental entity that is partnered with an organization described in subparagraph (A) or (B); or 

ø(D) a program that provides culturally specific services. 

ø(2) AWARENESS CAMPAIGN.—Eligible entities under subsection (c)(1)(B) are— 

ø(A) nonprofit, nongovernmental organizations or coalitions that have a documented history of creating and administering effective public education campaigns addressing the prevention of domestic violence, dating violence, 

sexual assault or stalking; or 

ø(B) a State, territorial, tribal, or unit of local governmental entity that is partnered with an organization described in subparagraph (A). 

ø(e) GRANTEE REQUIREMENTS.—Under this section, an entity 

shall— 

ø(1) prepare and submit to the Director an application at 

such time, in such manner, and containing such information as 

the Director may require; and 

ø(2) eligible entities pursuant to subsection (c)(1)(A) shall 

describe in the application the policies and procedures that the 

entity has or will adopt to— 

ø(A) enhance or ensure the safety and security of children and youth already experiencing domestic violence, 

dating violence, sexual assault, or stalking in their lives; 

ø(B) ensure linguistically, culturally, and community 

relevant services for underserved communities; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
130 

ø(C) inform participants about laws, services, and resources in the community, and make referrals as appropriate; and 

ø(D) ensure that State and local domestic violence, 

dating violence, sexual assault, and stalking victim service 

providers and coalitions are aware of the efforts of organizations receiving grants under this section.¿ 

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) evidence-based age education on domestic violence, 

dating violence, sexual assault, stalking, and sexual coercion, as well as healthy relationship skills, in school, in the 

community, or in health care settings; 

(B) community-based collaboration and training for 

those with influence on youth, such as parents, teachers, 

coaches, health care 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 nonabusing parent; and 

(B) training and coordination for educational, afterschool, and childcare programs on how to safely and confidentially identify children and families experiencing domestic violence, dating violence, sexual assault, or stalking 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
131 

and properly refer children exposed and their families to 

services and violence prevention programs. 

(3) ENGAGING MEN AS LEADERS AND ROLE MODELS.—To develop, maintain or enhance programs that work with men to 

prevent domestic violence, dating violence, sexual assault, and 

stalking by helping men to serve as role models and social 

influencers of other men and youth at the individual, school, 

community or statewide levels. 

(c) ELIGIBLE ENTITIES.—To be 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 nonprofit, 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 

nonprofit, nongovernmental organization that has a history of 

effective work preventing domestic violence, dating violence, sexual assault, or stalking and at least one of the following that 

has expertise in serving children exposed to domestic violence, 

dating violence, sexual assault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or 

engaging men to prevent domestic violence, dating violence, sexual assault, or stalking: 

(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, populationspecific 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, faithbased organization, or other nonprofit, 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) Health care 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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
132 

(2) POLICIES AND PROCEDURES.—Applicants under this section shall establish and implement policies, practices, and procedures that are consistent with the best practices developed 

under section 402 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 280b– 

4) and— 

(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 Statebased 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 2013 through 2017. 

(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 (b). 

(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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
133 

Subtitle N—Addressing the Housing Needs 

of Victims of Domestic Violence, Dating 

Violence, Sexual Assault, and Stalking 

CHAPTER 1—GRANT PROGRAMS 

SEC. 41402. PURPOSE. 

The purpose of this øsubtitle¿ chapter is to reduce domestic violence, dating violence, sexual assault, and stalking, and to prevent 

homelessness by— 

(1) * * * 

* * * * * * * 

SEC. 41403. DEFINITIONS. 

For purposes of this øsubtitle¿ chapter— 

(1) * * * 

* * * * * * * 

ø(6) the terms ‘‘homeless’’, ‘‘homeless individual’’, and 

‘‘homeless person’’— 

ø(A) mean an individual who lacks a fixed, regular, 

and adequate nighttime residence; and 

ø(B) includes— 

ø(i) an individual who— 

ø(I) is sharing the housing of other persons 

due to loss of housing, economic hardship, or a 

similar reason; 

ø(II) is living in a motel, hotel, trailer park, or 

campground due to the lack of alternative adequate accommodations; 

ø(III) is living in an emergency or transitional 

shelter; 

ø(IV) is abandoned in a hospital; or 

ø(V) is awaiting foster care placement; 

ø(ii) an individual who has a primary nighttime 

residence that is a public or private place not designed 

for or ordinarily used as a regular sleeping accommodation for human beings; or 

ø(iii) migratory children (as defined in section 

1309 of the Elementary and Secondary Education Act 

of 1965; 20 U.S.C. 6399) who qualify as homeless 

under this section because the children are living in 

circumstances described in this paragraph;¿ 

(6) the terms ‘‘homeless’’, ‘‘homeless individual’’, and ‘‘homeless person’’ have the meanings given such terms in section 

40002(a); 

* * * * * * * 

SEC. 41404. COLLABORATIVE GRANTS TO INCREASE THE LONG-TERM 

STABILITY OF VICTIMS. 

(a) * * * 

* * * * * * * 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated ø$10,000,000 for each of fiscal years 2007 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
134 

through 2011¿ $4,000,000 for each of fiscal years 2013 through 

2017 to carry out the provisions of this section. 

SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND ASSISTED HOUSING. 

(a) * * * 

* * * * * * * 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated ø$10,000,000 for each of fiscal years 2007 

through 2011¿ $4,000,000 for each of fiscal years 2013 through 

2017 to carry out the provisions of this section. 

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 CranstonGonzalez 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) each of the programs under 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)) for insurance of mortgages that bear 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); 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
135 

(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 ASSIST- ANCE 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 program or 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 a 

public housing agency or owner or manager of housing 

assisted under a covered housing program evicts, removes, or terminates assistance to an individual under 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
136 

clause (i), and the individual is the sole tenant eligible 

to receive assistance under a covered housing program, 

the public housing agency or owner or manager of 

housing assisted under the covered housing program 

shall provide any remaining tenant an opportunity to 

establish eligibility for the covered housing program. If 

a tenant described in the preceding sentence cannot establish eligibility, the public housing agency or owner 

or manager of the housing shall provide the tenant a 

reasonable time, as determined by the appropriate 

agency, to find new housing or to establish eligibility 

for housing under another covered housing program. 

(C) RULES OF CONSTRUCTION.—Nothing in subparagraph (A) shall be construed— 

(i) to limit the authority of a public housing agency 

or owner or manager of housing assisted under a covered housing program, when notified of a court order, 

to comply with a court order with respect to— 

(I) the rights of access to or control of property, 

including civil protection orders issued to protect a 

victim of domestic violence, dating violence, sexual 

assault, or stalking; or 

(II) the distribution or possession of property 

among members of a household in a case; 

(ii) to limit any otherwise available authority of a 

public housing agency or owner or manager of housing 

assisted under a covered housing program to evict or 

terminate assistance to a tenant for any violation of a 

lease not premised on the act of violence in question 

against the tenant or an affiliated person of the tenant, 

if the public housing agency or owner or manager does 

not subject an individual who is or has been a victim 

of domestic violence, dating violence, sexual assault, 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
137 

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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
138 

(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, and include such notice in documents required 

by law to be provided to tenants assisted under a covered housing program. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
139 

(2) PROVISION.—The applicable public housing agency or 

owner or manager of housing assisted under a covered housing 

program shall provide the notice developed under paragraph (1) 

to an applicant for or tenant 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; and 

(C) 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 RELOCATION AND TRANSFERS.—Each appropriate agency shall develop a model emergency relocation and transfer plan for voluntary use by public housing agencies and owners 

or managers of housing assisted under a covered housing program 

that— 

(1) allows tenants who are victims of domestic violence, 

dating violence, sexual assault, or stalking to relocate or transfer to another available and safe dwelling unit assisted under 

a covered housing program and retain their status as tenants 

under the covered housing program if— 

(A) the tenant expressly requests to move; 

(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) the sexual assault, domestic violence, dating violence, or stalking occurred on the premises during the 90- 

day period preceding the request to move; and 

(C) the tenant has provided documentation as described in subparagraph (A), (B), (C) or (D) of subsection 

(c)(3) if requested by a public housing agency or owner or 

manager; 

(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; 

(3) describes how the appropriate agency will coordinate relocations or transfers between dwelling units assisted under a 

covered housing program; 

(4) takes into consideration the existing rules and regulations of the covered housing program; 

(5) is tailored to the specific type of the covered housing 

program based on the volume and availability of dwelling units 

under the control or management of the public housing agency, 

owner, or manager; and 

(6) provides guidance for use in situations in which it is not 

feasible for an individual public housing agency, owner, or 

manager to effectuate a transfer. 

(f) POLICIES AND PROCEDURES FOR EMERGENCY TRANSFER.— 

The Secretary of Housing and Urban Development shall establish 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
140 

policies and procedures under which a victim requesting an emergency transfer under subsection (e) may receive, subject to the availability of tenant protection vouchers for assistance under section 

8(o)(16) of the United States Housing Act of 1937 (42 U.S.C. 

1437f(o)(16)), assistance under such section. 

(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. 

Subtitle O—National Resource Center 

SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC 

AND SEXUAL VIOLENCE. 

(a) * * * 

* * * * * * * 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section $1,000,000 for each of 

øfiscal years 2007 through 2011¿ fiscal years 2013 through 2017. 

* * * * * * * 

Subtitle P—Sexual Assault Services 

SEC. 41601. SEXUAL ASSAULT SERVICES PROGRAM. 

(a) * * * 

(b) GRANTS TO STATES AND TERRITORIES.— 

(1) GRANTS AUTHORIZED.—The Attorney General shall 

award grants to States and territories to support the establishment, maintenance, and expansion of rape crisis centers and 

øother programs and projects to assist those victimized by sexual assault.¿ 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. 

(2) ALLOCATION AND USE OF FUNDS.— 

(A) * * * 

(B) GRANT FUNDS.—Any funds received by a State or 

territory under this subsection that are not used for administrative costs shall be used to provide grants to rape 

crisis centers and other ønonprofit, nongovernmental organizations for programs and activities¿ nongovernmental or 

tribal programs and activities within such State or territory that provide direct intervention and related assistance. 

(C) INTERVENTION AND RELATED ASSISTANCE.—Intervention and related assistance under subparagraph (B) 

may include— 

(i) * * * 

* * * * * * * 

(v) community-based, ølinguistically and¿ culturally specific services and support mechanisms, inVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00140 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
141 

cluding outreach activities for underserved communities; and 

* * * * * * * 

(4) MINIMUM AMOUNT.—The Attorney General shall allocate to each State and territory not less than ø1.50 percent¿ 

0.75 percent of the total amount appropriated in a fiscal year 

for grants under this sectionø, except that the United States 

Virgin Islands, American Samoa, Guam, the District of Columbia, Puerto Rico, and the Commonwealth of the Northern Mariana Islands shall each be allocated 0.125 percent of the total 

appropriations¿. The remaining funds shall be allotted to each 

State and each territory in an amount that bears the same 

ratio to such remaining funds as the population of such State 

and such territory bears to the population of all the States and 

the territories. The District of Columbia shall be treated as a 

territory for purposes of calculating its allocation under øthe 

preceding formula¿ this paragraph. 

* * * * * * * 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated 

ø$50,000,000 to remain available until expended for each of 

the fiscal years 2007 through 2011¿ $40,000,000 to remain 

available until expended for each of fiscal years 2013 through 

2017 to carry out the provisions of this section. 

* * * * * * * 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

* * * * * * * 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

PART A—OFFICE OF JUSTICE PROGRAMS

* * * * * * * 

SEC. 109. OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT. 

(a) * * * 

(b) COVERED PROGRAMS.—The programs referred to in subsection (a) are the following: 

(1) * * * 

* * * * * * * 

(3) 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 2012, or any other program or 

activity funded in whole or in part with funds appropriated for 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
142 

grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women. 

ø(3)¿ (4) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate. 

* * * * * * * 

PART J—FUNDING

AUTHORIZATION OF APPROPRIATIONS

SEC. 1001. (a)(1) * * * 

* * * * * * * 

(18) There is authorized to be appropriated to carry out part 

T ø$225,000,000 for each of fiscal years 2007 through 2011¿ 

$222,000,000 for each of fiscal years 2013 through 2017. (19) There is authorized to be appropriated to carry out part 

U ø$75,000,000 for each of fiscal years 2007 through 2011¿ 

$73,000,000 for each of fiscal years 2013 through 2017. Funds appropriated under this paragraph shall remain available until expended.ø.¿ 

* * * * * * * 

PART T—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN

SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS. 

(a) * * * 

(b) PURPOSES FOR WHICH GRANTS MAY BE USED.—Grants 

under this part shall provide personnel, training, technical assistance, data collection and other øequipment¿ resources for the more 

widespread apprehension, prosecution, and adjudication of persons 

committing violent crimes against women, for the protection and 

safety of victims, and specifically, for the purposes of— 

(1) training law enforcement officers, judges, other court 

personnel, and prosecutors to more effectively identify and respond to violent crimes against women, including the crimes of 

øsexual assault, domestic violence, and dating violence¿ domestic violence, dating violence, sexual assault, and stalking; 

(2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, and prosecutors 

specifically targeting violent crimes against women, including 

the crimes of øsexual assault and domestic violence¿ domestic 

violence, dating violence, sexual assault, and stalking; 

(3) developing and implementing more effective police, 

court, and prosecution policies, protocols, orders, and services 

specifically devoted to preventing, identifying, and responding 

to violent crimes against women, including the crimes of øsexual assault and domestic violence¿ domestic violence, dating violence, sexual assault, and stalking, as well as the appropriate 

treatment of victims; 

(4) developing, installing, or expanding data collection and 

communication systems, including computerized systems, linking police, prosecutors, and courts or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for vioVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00142 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
143 

lent crimes against women, including the crimes of øsexual assault and domestic violence¿ domestic violence, dating violence, 

sexual assault, and stalking; 

(5) developing, enlarging, or strengthening victim services 

and legal assistance programs, including øsexual assault and 

domestic violence¿ domestic violence, dating violence, sexual assault, and stalking programs, developing or improving delivery 

of victim services to underserved populations, providing specialized domestic violence court advocates in courts where a 

significant number of protection orders are granted, and increasing reporting and reducing attrition rates for cases involving violent crimes against women, øincluding crimes of sexual 

assault, domestic violence, and dating violence;¿ including 

crimes of domestic violence, dating violence, sexual assault, and 

stalking; 

ø(6) developing, enlarging, or strengthening programs addressing stalking;¿ 

ø(7)¿ (6) developing, enlarging, or strengthening programs 

addressing the needs and circumstances of Indian tribes in 

dealing with violent crimes against women, including the 

crimes of øsexual assault and domestic violence¿ domestic violence, dating violence, sexual assault, and stalking; 

ø(8)¿ (7) supporting formal and informal statewide, multidisciplinary efforts, to the extent not supported by State funds, 

to coordinate the response of State law enforcement agencies, 

prosecutors, courts, victim services agencies, and other State 

agencies and departments, to violent crimes against women, 

including the crimes of sexual assault, domestic violence, øand 

dating violence¿ dating violence, and stalking; 

ø(9)¿ (8) training of sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, and providing expert testimony 

and treatment of trauma related to sexual assault; 

ø(10)¿ (9) developing, enlarging, or strengthening programs to assist law enforcement, prosecutors, courts, and others to address the needs and circumstances of older and disabled women who are victims of ødomestic violence or sexual 

assault¿ domestic violence, dating violence, sexual assault, or 

stalking, including recognizing, investigating, and prosecuting 

instances of øsuch violence or assault¿ such violence, assault, 

or stalking and targeting outreach and support, counseling, 

and other victim services to such older and disabled individuals; 

ø(11)¿ (10) providing assistance to victims of domestic violence and sexual assault in immigration matters; 

ø(12)¿ (11) maintaining core victim services and criminal 

justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families; 

ø(13)¿ (12) supporting the placement of special victim assistants (to be known as ‘‘Jessica Gonzales Victim Assistants’’) 

in local law enforcement agencies to serve as liaisons between 

victims of domestic violence, dating violence, sexual assault, 

and stalking and personnel in local law enforcement agencies 

in order to improve the enforcement of protection orders. Jessica Gonzales Victim Assistants shall have expertise in domesVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00143 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
144 

tic violence, dating violence, sexual assault, or stalking and 

may undertake the following activities— 

(A) developing, in collaboration with prosecutors, 

courts, and victim service providers, standardized response 

policies for local law enforcement agencies, including 

øtriage protocols to ensure that dangerous or potentially 

lethal cases are identified and prioritized¿ the use of evidence-based indicators to assess the risk of domestic and 

dating violence homicide and prioritize dangerous or potentially lethal cases; 

* * * * * * * 

(D) taking other appropriate action to assist or secure 

the safety of the person seeking enforcement of a protection order; øand¿ 

ø(14) to provide¿ (13) providing funding to law enforcement agencies, ønonprofit nongovernmental¿ victim services 

providers, and State, tribal, territorial, and local 

governmentsø,¿ (which funding stream shall be known as the 

Crystal Judson Domestic Violence Protocol Program) to promote— 

(A) * * * 

(B) the implementation of protocols within law enforcement agencies to ensure consistent and effective responses to the commission of domestic violence by personnel within such agencies (such as the model policy promulgated by the International Association of Chiefs of Police (‘‘Domestic Violence by Police Officers: A Policy of the 

IACP, Police Response to Violence Against Women Project’’ 

July 2003)); and 

(C) the development of such protocols in collaboration 

with State, tribal, territorial and local victim service providers and domestic violence coalitionsø.¿; 

(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) with not more than 5 percent of the total amount allocated to a State for this part, developing, enhancing, or 

strengthening prevention and educational programming to address domestic violence, dating violence, sexual assault, or 

stalking. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
145 

Any law enforcement, State, tribal, territorial, or local government 

agency receiving funding under the Crystal Judson Domestic Violence Protocol Program under øparagraph (14)¿ paragraph (13) 

shall on an annual basis, receive additional training on the topic 

of incidents of domestic violence committed by law enforcement 

personnel from domestic violence and sexual assault nonprofit organizations and, after a period of 2 years, provide a report of the 

adopted protocol to the Department of Justice, including a summary of progress in implementing such protocol. 

* * * * * * * 

(d) TRIBAL COALITION GRANTS.— (1) PURPOSE.—The Attorney General shall award grants to 

tribal domestic violence and sexual assault coalitions for purposes of— 

(A) * * * 

(B) enhancing the response to violence against American Indian and Alaska Native women at the tribal, Federal, and State levels; øand¿ 

(C) identifying and providing technical assistance to 

coalition membership and tribal communities to enhance 

access to essential services to American Indian women victimized by domestic and sexual violenceø.¿; and 

(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. 

(2) GRANTS TO TRIBAL COALITIONS.—The Attorney General 

shall award grants under paragraph (1) to— 

(A) * * * 

(B) øindividuals or¿ organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions 

to address domestic violence and sexual assault against 

American Indian and Alaska Native women. 

* * * * * * * 

SEC. 2007. STATE GRANTS. 

(a) GENERAL GRANTS.—The Attorney General may make 

grants to States, for use by States, State and local courts (including 

juvenile courts), units of local government, ønonprofit nongovernmental victim services programs¿ victim service providers, and Indian tribal governments for the purposes described in section 

2001(b). 

(b) AMOUNTS.—Of the amounts appropriated for the purposes 

of this part— 

(1) * * * 

* * * * * * * 

(6) the remaining funds shall be available for grants to applicants in each State in an amount that bears the same ratio 

to the amount of remaining funds as the population of the 

State bears to the population of all of the States that results 

from a distribution among the States on the basis of each 

State’s population in relation to the population of all States 

ø(not including populations of Indian tribes)¿. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
146 

(c) QUALIFICATION.—Upon satisfying the terms of subsection 

(d), any State shall be qualified for funds provided under this part 

upon certification that— 

(1) * * * 

ø(2) grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit, 

nongovernmental victim services programs, including sexual 

assault and domestic violence victim services programs and describe how the State will address the needs of underserved 

populations;¿ 

(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 or tribal coalitions 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 necessary for the planning process; 

(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); and 

ø(3)¿ (4) of the amount granted— 

(A) not less than 25 percent shall be allocated for law 

enforcement øand not less than 25 percent shall be allocated for prosecutors¿; 

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

(C) for each fiscal year beginning on or after the date 

that is 2 years after the date of enactment of the Violence 

Against Women Reauthorization Act of 2012, not less than 

20 percent 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; 

ø(B)¿ (D) not less than 30 percent shall be allocated 

for victims services of which at least 10 percent shall be 

distributed to øculturally specific community-based¿ population specific organizations; and 

ø(C)¿ (E) not less than 5 percent shall be allocated for 

State and local courts (including juvenile courts)ø; and¿. 

ø(4) any Federal funds received under this part shall be 

used to supplement, not supplant, non-Federal funds that 

would otherwise be available for activities funded under this 

subtitle.¿ 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
147 

ø(d) APPLICATION REQUIREMENTS.—The application requirements provided in section 513 shall apply to grants made under 

this part. In addition, each application submitted by a State shall 

include the certifications of qualification required by subsection (c), 

including documentation from nonprofit, nongovernmental victim 

services programs, describing their participation in developing the 

plan required by subsection (c)(2). In addition, each application 

submitted by a State or tribal government shall include— 

ø(1) documentation from the prosecution, law enforcement, 

court, and victim services programs to be assisted, demonstrating— 

ø(A) need for the grant funds; 

ø(B) intended use of the grant funds; 

ø(C) expected results from the use of grant funds; and 

ø(D) demographic characteristics of the populations to 

be served, including age, marital status, disability, race, 

ethnicity and language background; 

ø(2) proof of compliance with the requirements for the payment of forensic medical exams provided in section 2010; and 

ø(3) proof of compliance with the requirements for paying 

filing and service fees for domestic violence cases provided in 

section 2011; and 

ø(4) documentation showing that tribal, territorial, State 

or local prosecution, law enforcement, and courts have consulted with tribal, territorial, State, or local victim service programs during the course of developing their grant applications 

in order to ensure that proposed services, activities and equipment acquisitions are designed to promote the safety, confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking, and dating violence.¿ 

(d) APPLICATION REQUIREMENTS.—An application for a grant 

under this part 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; 

(4) proof of compliance with the requirements prohibiting 

polygraph examinations of victims of sexual assault described 

in section 2013; 

(5) an implementation plan required under subsection (i); 

and 

(6) any other documentation that the Attorney General may 

require. 

(e) DISBURSEMENT.— 

(1) * * * 

(2) REGULATIONS.—In disbursing monies under this part, 

the Attorney General shall issue regulations to ensure that 

States will— 

(A) give priority to areas of varying geographic size 

with the greatest showing of need based on the availability 

of existing ødomestic violence and sexual assault¿ domestic 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
148 

violence, dating violence, sexual assault, and stalking programs in the population and geographic area to be served 

in relation to the availability of such programs in other 

such populations and geographic areas; 

* * * * * * * 

(D) recognize and meaningfully respond to the needs 

of underserved populations and ensure that monies set 

aside to fund ølinguistically and culturally¿ population 

specific services and activities for underserved populations 

are distributed equitably among those populations. 

(3) CONDITIONS.—In disbursing grants under this part, the 

Attorney General may impose reasonable conditions on grant 

awards disbursed after the date of enactment of the Violence 

Against Women Reauthorization Act of 2012 to ensure that the 

States meet statutory, regulatory, and other programs requirements. 

(f) FEDERAL SHARE.—The Federal share of a grant made under 

this subtitle may not exceed 75 percent of the total costs of the 

projects described in the application submittedø.¿, 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. 

* * * * * * * 

(i) IMPLEMENTATION PLANS.—A State applying for a grant 

under this part shall— 

(1) develop an implementation plan in consultation with 

representatives of 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 as part of the application submitted in accordance with subsection (d)— 

(A) the implementation plan developed under paragraph (1); 

(B) documentation from each member of the planning 

committee with respect to the member’s 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 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
149 

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 pursuant to regulations issued under subsection 

(e)(2); 

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

(H) any other information requested by the Attorney 

General. 

(j) REALLOCATION OF FUNDS.—A State may use any returned or 

remaining funds for any authorized purpose under this part if— 

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

(2) the State does not receive sufficient eligible applications 

to award the full funding within the allocations under subsection (c)(4). 

* * * * * * * 

SEC. 2010. RAPE EXAM PAYMENTS. 

(a) RESTRICTION OF FUNDS.— 

ø(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 incurs the 

full out-of-pocket cost of forensic medical exams described in 

subsection (b) for victims of sexual assault.¿ 

(1) IN GENERAL.—A State, Indian tribal government, or 

unit of local government shall not be entitled to funds under 

this subchapter unless the State, Indian tribal government, unit 

of local government, or another governmental entity— 

(A) incurs the full out-of-pocket cost of forensic medical 

exams described in subsection (b) for victims of sexual assault; and 

(B) coordinates with health care providers in the region 

to notify victims of sexual assault of the availability of rape 

exams at no cost to the victims. 

* * * * * * * 

(b) MEDICAL COSTS.—A State, Indian tribal government, or 

unit of local government shall be deemed to incur the full out-ofpocket cost of forensic medical exams for victims of sexual assault 

if any government entity— 

(1) provides such exams to victims free of charge to the victim; or 

(2) arranges for victims to obtain such exams free of 

charge to the victimsø; or¿. 

ø(3) reimburses victims for the cost of such exams if— 

ø(A) the reimbursement covers the full cost of such 

exams, without any deductible requirement or limit on the 

amount of a reimbursement; 

ø(B) the reimbursing governmental entity permits victims to apply for reimbursement for not less than one year 

from the date of the exam; 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
150 

ø(C) the reimbursing governmental entity provides reimbursement not later than 90 days after written notification of the victim’s expense; and 

ø(D) the State, Indian tribal government, unit of local 

government, or reimbursing governmental entity provides 

information at the time of the exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement.¿ 

(c) USE OF FUNDS.—A State or Indian tribal government may 

use Federal grant funds under this part to pay for forensic medical 

exams performed by trained examiners for victims of sexual 

assaultø, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek 

reimbursement for such exams from their insurance carriers.¿. ø(d) RULE OF CONSTRUCTION.—(1) IN GENERAL.—in this section 

shall be construed to permit a State, Indian tribal government, or 

territorial government to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or 

both. 

ø(2) COMPLIANCE PERIOD.—States, territories, and Indian 

tribal governments shall have 3 years from the date of enactment of the Violence Against Women and Department of Justice Reauthorization Act of 2005 to come into compliance with 

this subsection.¿ 

(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 the Violence Against Women Reauthorization Act of 

2012 to come into compliance with this subsection. 

* * * * * * * 

SEC. 2011. COSTS FOR CRIMINAL CHARGES AND PROTECTION ORDERS. 

(a) 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, or unit of local government— 

(1) certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor 

or felony domestic violence offense, or in connection with the 

filing, issuance, registration, modification, enforcement, dismissal, or service of a protection order, or a petition for a protection order, to protect a victim of ødomestic violence, stalking, or sexual assault¿ domestic violence, dating violence, sexual assault, or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender, or 

the costs associated with the filing, issuance, registration, 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
151 

modification, enforcement, dismissal, or service of a warrant, 

protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the State, tribal, or 

local jurisdiction; or 

* * * * * * * 

SEC. 2015. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

(a) GRANTS.—The Attorney General may make grants to Indian tribal governments or authorized designees of Indian tribal 

governments to— 

(1) * * * 

(2) increase tribal capacity to respond to domestic violence, 

dating violence, sexual assault, sex trafficking, and stalking 

crimes against Indian women; 

* * * * * * * 

(4) enhance services to Indian women victimized by domestic violence, dating violence, sexual assault, sex trafficking, and 

stalking; 

(5) work in cooperation with the community to develop 

education and prevention strategies directed toward issues of 

domestic violence, dating violence, øand stalking programs and 

to address the needs of children exposed to domestic violence;¿ 

sexual assault, sex trafficking, and stalking; 

* * * * * * * 

(7) provide transitional housing for victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking, including rental or utilities payments assistance and assistance with related expenses such as security deposits and 

other costs incidental to relocation to transitional housing, and 

support services to enable a victim of domestic violence, dating 

violence, sexual assault, sex trafficking, or stalking to locate 

and secure permanent housing and integrate into a community; øand¿ 

(8) provide legal assistance necessary to provide effective 

aid to victims of domestic violence, dating violence, stalking, 

sex trafficking, or sexual assault who are seeking relief in legal 

matters arising as a consequence of that abuse or violence, at 

minimal or no cost to the victimsø.¿; 

(9) provide services to address the needs of youth who are 

victims of domestic violence, dating violence, sexual assault, sex 

trafficking, or stalking and the needs of children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of 

the child; and 

(10) develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating 

violence, sexual assault, sex trafficking, and stalking. 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
152 

PART U—GRANTS TO ENCOURAGE ARREST 

POLICIES 

SEC. 2101. GRANTS. 

(a) * * * 

(b) GRANT AUTHORITY.—The Attorney General may make 

grants to eligible øStates, Indian tribal governments, State, tribal, 

territorial, and local courts (including juvenile courts), or units of 

local government¿ grantees for the following purposes: 

(1) To implement proarrest programs and policies in police 

departments, including policies for protection order violations 

and enforcement of protection orders across State and tribal 

lines. 

(2) To develop policies, educational programs, protection 

order registries, øand training in police departments to improve tracking of cases¿ data collection systems, and training 

in police departments to improve tracking of cases and classification of complaints involving domestic violence, dating violence, sexual assault, and stalking. Policies, educational programs, protection order registries, and training described in 

this paragraph shall incorporate confidentiality, and privacy 

protections for victims of domestic violence, dating violence, 

sexual assault, and stalking. 

* * * * * * * 

(4) To coordinate computer tracking systems and provide 

the appropriate training and education about domestic violence, 

dating violence, sexual assault, and stalking to ensure communication between police, prosecutors, parole and probation officers, and both criminal and family courts. 

(5) To strengthen legal advocacy service programs and 

other victim services for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening 

assistance to such victims in immigration matters. 

(6) To educate øjudges¿ Federal, State, tribal, territorial, 

and local judges, and court-based and court-related personnel 

in criminal and civil courts (including juvenile courts) about 

domestic violence, dating violence, sexual assault, and stalking 

and to improve judicial handling of such cases. 

* * * * * * * 

(8) To develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence øand 

sexual assault¿, dating violence, sexual assault, and stalking 

against older individuals (as defined in section 102 of the Older 

Americans Act of 1965 (42 U.S.C. 3002)) and individuals with 

disabilities (as defined in section 3(2) of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12102(2))). 

* * * * * * * 

(10) To plan, develop and establish comprehensive victim 

service and support centers, such as family justice centers, designed to bring together victim advocates from ønon-profit, 

non-governmental victim services organizations,¿ victim service 

providers, population specific organizations, law enforcement 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
153 

officers, prosecutors, probation officers, governmental victim 

assistants, forensic medical professionals, civil legal attorneys, 

chaplains, legal advocates, representatives from communitybased organizations and other relevant public or private agencies or organizations into one centralized location, in order to 

improve safety, access to services, and confidentiality for victims and families. Although funds may be used to support the 

colocation of project partners under this paragraph, funds may 

not support construction or major renovation expenses or activities that fall outside of the scope of the other statutory purpose areas. 

* * * * * * * 

(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 of sexual assault. 

(20) To provide the following human immunodeficiency 

virus services for victims of sexual assault: 

(A) Testing. 

(B) Counseling. 

(C) Prophylaxis. 

(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. 

(c) ELIGIBILITY.—Eligible øgrantees are States¿ grantees are— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
154 

(1) States, Indian tribal governments State and local courts 

(including juvenile courts),ø,¿ or units of local government 

that— 

ø(1)¿ (A) except for a court, certify that their laws or official policies— 

ø(A)¿ (i) encourage or mandate arrests of domestic violence offenders based on probable cause that an offense 

has been committed; and 

ø(B)¿ (ii) encourage or mandate arrest of domestic violence offenders who violate the terms of a valid and outstanding protection order; 

ø(2)¿ (B) except for a court, demonstrate that their laws, 

policies, or practices and their training programs discourage 

dual arrests of offender and victim; 

ø(3)¿ (C) certify that their laws, policies, or practices prohibit issuance of mutual restraining orders of protection except 

in cases where both spouses file a claim and the court makes 

detailed findings of fact indicating that both spouses acted primarily as aggressors and that neither spouse acted primarily 

in self-defense; 

ø(4)¿ (D) certify that their laws, policies, and practices do 

not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection 

with the filing, issuance, registration, modification, enforcement, dismissal, or service of a protection order, or a petition 

for a protection order, to protect a victim of domestic violence, 

dating violence, stalking, or sexual assault, that the victim 

bear the costs associated with the filing of criminal charges 

against the offender, or the costs associated with the filing, 

issuance, registration, modification, enforcement, dismissal, or 

service of a warrant, protection order, petition for a protection 

order, or witness subpoena, whether issued inside or outside 

the State, tribal, or local jurisdiction; øand¿ 

ø(5)¿ (E) certify thatø, not later than 3 years after the date 

of enactment of this section,¿ their laws, policies, or practices 

will ensure that— 

ø(A)¿ (i) no law enforcement officer, prosecuting officer 

or other government official shall ask or require an adult, 

youth, or child victim of a sex offense as defined under 

Federal, tribal, State, territorial, or local law to submit to 

a polygraph examination or other truth telling device as a 

condition for proceeding with the investigation of such an 

offense; and 

ø(B)¿ (ii) the refusal of a victim to submit to an examination described in øsubparagraph (A)¿ clause (i) shall 

not prevent the investigation of the offenseø.¿; and 

(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). 

(d) SPEEDY NOTICE TO VICTIMS.—A State or unit of local government shall not be entitled to 5 percent of the funds allocated 

under this part unless the State or unit of local government— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
155 

(1) certifies that it has a law, policy, or regulation that requires— 

(A) the State or unit of local government at the request of a victim to administer to a defendant, against 

whom an information or indictment is presented for a 

crime in which by force or threat of force the perpetrator 

compels the victim to engage in sexual activity, testing for 

the immunodeficiency virus (HIV) not later than 48 hours 

after the date on which the information or indictment is 

presented and the defendant is in custody or has been 

served with the information or indictment; 

* * * * * * * 

(2) gives the Attorney General assurances that øit¿ its 

laws and regulations will be in compliance with requirements 

of paragraph (1) within the later of— 

(A) * * * 

* * * * * * * 

(f) ALLOCATION FOR TRIBAL COALITIONS.—Of the amounts appropriated for purposes of this part for each fiscal year, not less 

than 5 percent shall be available for grants under section 2001(d) 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3796gg(d)). 

(g) ALLOCATION FOR SEXUAL ASSAULT.—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 

25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drugfacilitated rape, and rape within the context of an intimate partner 

relationship. 

SEC. 2102. APPLICATIONS. 

(a) APPLICATION.—An eligible grantee shall submit an application to the Attorney General that— 

(1) contains a certification by the chief executive officer of 

the State, Indian tribal government, court, or local government 

entity that the conditions of section 2101(c) are met or will be 

met within the later of— 

(A) * * * 

* * * * * * * 

(4) includes documentation from ønonprofit, private sexual 

assault and domestic violence programs¿ victim service providers and, as appropriate, population specific organizations 

demonstrating their participation in developing the application, and identifying such programs in which such groups will 

be consulted for development and implementation. 

* * * * * * * 

PART LL—NATIONAL CENTER FOR CAMPUS 

PUBLIC SAFETY 

SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. 

(a) AUTHORITY TO ESTABLISH AND OPERATE CENTER.— 

(1) IN GENERAL.—The Director of the Office of Community 

Oriented Policing Services is authorized to establish and operVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00155 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
156 

ate a National Center for Campus Public Safety (referred to in 

this section as the ‘‘Center’’). 

(2) GRANT AUTHORITY.—The Director of the Office of Community Oriented Policing Services is authorized to award 

grants to institutions of higher education and other nonprofit 

organizations to assist in carrying out the functions of the Center required under subsection (b). 

(b) FUNCTIONS OF THE CENTER.—The center shall— 

(1) provide quality education and training for campus public safety agencies of institutions of higher education and the 

agencies’ collaborative partners, including campus mental 

health agencies; 

(2) foster quality research to strengthen the safety and security of institutions of higher education; 

(3) serve as a clearinghouse for the identification and dissemination of information, policies, procedures, and best practices relevant to campus public safety, including off-campus 

housing safety, the prevention of violence against persons and 

property, and emergency response and evacuation procedures; 

(4) develop protocols, in conjunction with the Attorney General, the Secretary of Homeland Security, the Secretary of Education, State, local, and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to prevent, protect against, respond to, and recover from, natural and man-made emergencies 

or dangerous situations involving an immediate threat to the 

health or safety of the campus community; 

(5) promote the development and dissemination of effective 

behavioral threat assessment and management models to prevent campus violence; 

(6) coordinate campus safety information (including ways 

to increase off-campus housing safety) and resources available 

from the Department of Justice, the Department of Homeland 

Security, the Department of Education, State, local, and tribal 

governments and law enforcement agencies, and private and 

nonprofit organizations and associations; 

(7) increase cooperation, collaboration, and consistency in 

prevention, response, and problem-solving methods among law 

enforcement, mental health, and other agencies and jurisdictions serving institutions of higher education; 

(8) develop standardized formats and models for mutual 

aid agreements and memoranda of understanding between 

campus security agencies and other public safety organizations 

and mental health agencies; and 

(9) report annually to Congress and the Attorney General 

on activities performed by the Center during the previous 12 

months. 

(c) COORDINATION WITH AVAILABLE RESOURCES.—In establishing the Center, the Director of the Office of Community Oriented 

Policing Services shall— 

(1) consult with the Secretary of Homeland Security, the 

Secretary of Education, and the Attorney General of each State; 

and 

(2) coordinate the establishment and operation of the Center with campus public safety resources that may be available 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
157 

within the Department of Homeland Security and the Department of Education. 

(d) DEFINITION OF INSTITUTION OF HIGHER EDUCATION.—In 

this section, the term ‘‘institution of higher education’’ has the 

meaning given the term in section 101 of the Higher Education Act 

of 1965 (20 U.S.C. 1001). 

* * * * * * * 

SECTION 1201 OF THE VIOLENCE AGAINST WOMEN ACT 

OF 2000 

SEC. 1201. LEGAL ASSISTANCE FOR VICTIMS. 

(a) IN GENERAL.—The purpose of this section is to enable the 

Attorney General to award grants to increase the availability of 

civil and criminal legal assistance necessary to provide effective aid 

to adult and youth victims of domestic violence, dating violence, 

stalking, or sexual assault who are seeking relief in legal matters 

øarising as a consequence of¿ relating to or arising out of that 

abuse or violence, at minimal or no cost to the victims. Criminal 

legal assistance provided for under this section shall be limited to 

criminal matters relating to or arising out of domestic violence, sexual assault, dating violence, and stalking. 

(b) DEFINITIONS AND GRANT CONDITIONS.—In this section, the 

definitions and grant conditions provided in section 40002 of the 

Violence Against Women Act of 1994 shall apply. 

(c) LEGAL ASSISTANCE FOR VICTIMS GRANTS.—The Attorney 

General may award grants under this subsection to private nonprofit entities, Indian tribal governments and tribal organizations, 

territorial organizations, and publicly funded organizations not acting in a governmental capacity such as law schools, and which 

shall be used— 

(1) to implement, expand, and establish cooperative efforts 

and projects between domestic violence, dating violence, and 

sexual assault øvictim services organizations¿ victim service 

providers and legal assistance providers to provide legal assistance for victims of domestic violence, dating violence, stalking, 

and sexual assault; 

* * * * * * * 

ø(3) to provide training, technical assistance, and data collection to improve the capacity of grantees and other entities 

to offer legal assistance to victims of domestic violence, dating 

violence, stalking, and sexual assault.¿ 

(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. 

(d) ELIGIBILITY.—To be eligible for a grant under subsection (c), 

applicants shall certify in writing that— 

(1) any person providing legal assistance through a program funded under øsubsection (c) has completed or will complete training in connection with domestic violence, dating violence, or sexual assault and related legal issues;¿ this section— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
158 

(A) has demonstrated expertise in providing legal assistance or advocacy to victims of domestic violence, dating 

violence, sexual assault, or stalking in the targeted population; or 

(B)(i) is partnered with an entity or person that has 

demonstrated expertise described in subparagraph (A); and 

(ii) has completed, or will complete, training in connection with domestic violence, dating violence, stalking, or 

sexual assault and related legal issues, including training 

on evidence-based risk factors for domestic and dating violence homicide; 

(2) any training program conducted in satisfaction of the 

requirement of paragraph (1) has been or will be developed 

with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault or østalking organization¿ stalking victim service provider or coalition, as well as appropriate tribal, State, territorial, and local law enforcement officials; 

* * * * * * * 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated to 

carry out øthis section $65,000,000 for each of fiscal years 2007 

through 2011.¿ this section $57,000,000 for each of fiscal years 

2013 through 2017. 

(2) ALLOCATION OF FUNDS.— 

(A) * * * 

* * * * * * * 

(D) Of the amount made available under this subsection in each fiscal year, not more than 10 percent may 

be used for purposes described in subsection (c)(3). 

* * * * * * * 

VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION 

ACT OF 2000 

* * * * * * * 

DIVISION B—VIOLENCE AGAINST WOMEN ACT OF 2000 

* * * * * * * 

TITLE III—LIMITING THE EFFECTS OF 

VIOLENCE ON CHILDREN 

øSEC. 10402. SAFE HAVENS FOR CHILDREN. 

ø(a) IN GENERAL.—The Attorney General, through the Director 

of the Office on Violence Against Women, may award grants to 

States, units of local government, and Indian tribal governments 

that propose to enter into or expand the scope of existing contracts 

and cooperative agreements with public or private nonprofit entities 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
159 

ø(1) to provide supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, dating violence, child abuse, sexual assault, or stalking; 

ø(2) to protect children from the trauma of witnessing domestic or dating violence or experiencing abduction, injury, or 

death during parent and child visitation exchanges; 

ø(3) to protect parents or caretakers who are victims of domestic and dating violence from experiencing further violence, 

abuse, and threats during child visitation exchanges; and 

ø(4) to protect children from the trauma of experiencing 

sexual assault or other forms of physical assault or abuse during parent and child visitation and visitation exchanges. 

ø(b) CONSIDERATIONS.—In awarding grants under subsection 

(a), the Attorney General shall take into account— 

ø(1) the number of families to be served by the proposed 

visitation programs and services; 

ø(2) the extent to which the proposed supervised visitation 

programs and services serve underserved populations (as defined in section 2003 of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3796gg–2)); 

ø(3) with respect to an applicant for a contract or cooperative agreement, the extent to which the applicant demonstrates 

cooperation and collaboration with nonprofit, nongovernmental 

entities in the local community served, including the State or 

tribal domestic violence coalition, State or tribal sexual assault 

coalition, local shelters, and programs for domestic violence 

and sexual assault victims; and 

ø(4) the extent to which the applicant demonstrates coordination and collaboration with State and local court systems, including mechanisms for communication and referral. 

ø(c) APPLICANT REQUIREMENTS.—The Attorney General shall 

award grants for contracts and cooperative agreements to applicants that— 

ø(1) demonstrate expertise in the area of family violence, 

including the areas of domestic violence or sexual assault, as 

appropriate; 

ø(2) ensure that any fees charged to individuals for use of 

programs and services are based on the income of those individuals, unless otherwise provided by court order; 

ø(3) demonstrate that adequate security measures, including adequate facilities, procedures, and personnel capable of 

preventing violence, are in place for the operation of supervised 

visitation programs and services or safe visitation exchange; 

and 

ø(4) prescribe standards by which the supervised visitation 

or safe visitation exchange will occur. 

ø(d) REPORTING.— 

ø(1) IN GENERAL.—Not later than 1 month after the end of 

each even-numbered fiscal year, the Attorney General shall 

submit to Congress a report that includes information concerning— 

ø(A) the number of— 

ø(i) individuals served and the number of individuals turned away from visitation programs and servVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00159 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
160 

ices and safe visitation exchange (categorized by 

State); 

ø(ii) the number of individuals from underserved 

populations served and turned away from services; 

and 

ø(iii) the type of problems that underlie the need 

for supervised visitation or safe visitation exchange, 

such as domestic violence, child abuse, sexual assault, 

other physical abuse, or a combination of such factors; 

ø(B) the numbers of supervised visitations or safe visitation exchanges ordered under this section during custody 

determinations under a separation or divorce decree or 

protection order, through child protection services or other 

social services agencies, or by any other order of a civil, 

criminal, juvenile, or family court; 

ø(C) the process by which children or abused partners 

are protected during visitations, temporary custody transfers, and other activities for which supervised visitation is 

established under this section; 

ø(D) safety and security problems occurring during the 

reporting period during supervised visitation under this 

section, including the number of parental abduction cases; 

and 

ø(E) the number of parental abduction cases in a judicial district using supervised visitation programs and services under this section, both as identified in criminal prosecution and custody violations. 

ø(2) GUIDELINES.—The Attorney General shall establish 

guidelines for the collection and reporting of data under this 

subsection. 

ø(e) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) IN GENERAL.—There is authorized to be appropriated 

to carry out this section, $20,000,000 for each of fiscal years 

2007 through 2011. Funds appropriated under this section 

shall remain available until expended. 

ø(2) USE OF FUNDS.—Of the amounts appropriated to carry 

out this section for each fiscal year, the Attorney General 

shall— 

ø(A) use not more than 3 percent for evaluation, monitoring, site visits, grantee conferences, and other administrative costs associated with conducting activities under 

this section; and 

ø(B) set aside not more than 8 percent for technical 

assistance and training to be provided by organizations 

having nationally recognized expertise in the design of safe 

and secure supervised visitation programs and visitation 

exchange of children in situations involving domestic violence, dating violence, sexual assault, or stalking. 

ø(f) ALLOTMENT FOR INDIAN TRIBES.— 

ø(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 2015 of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796gg–10). 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
161 

ø(2) APPLICABILITY OF PART.—The requirements of this section shall not apply to funds allocated for the program described in paragraph (1).¿ 

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 adequate resources in juvenile court matters to 

respond to domestic violence, dating violence, sexual assault 

(including child sexual abuse), and stalking and ensure necessary services dealing with the physical 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
162 

(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 who are proceeding with the assistance of a legal advocate; and 

(7) improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil justice system regarding domestic violence, 

dating violence, sexual assault, stalking, or child abuse. 

(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) if the applicant proposes to operate supervised visitation 

programs and services or safe visitation exchange, 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 inVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00162 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
163 

formation 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); 

(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 victim service provider or coalition, on the dynamics of domestic violence and sexual assault, including child 

sexual abuse, that includes training on how to review evidence 

of past abuse and the use of evidenced-based theories to make 

recommendations on custody and visitation. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section, $22,000,000 for each of the 

fiscal years 2013 through 2017. Amounts appropriated pursuant to 

this subsection are authorized to 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 

2015 of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3796gg–10). 

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

* * * * * * * 

TITLE IV—STRENGTHENING EDUCATION AND TRAINING TO COMBAT 

VIOLENCE AGAINST WOMEN 

* * * * * * * 

SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END 

VIOLENCE AGAINST AND ABUSE OF WOMEN WITH DISABILITIES. 

(a) * * * 

(b) USE OF FUNDS.—Grants awarded under this section shall 

be used— 

(1) to provide personnel, training, technical assistance, advocacy, intervention, risk reduction (including using evidencebased indicators to assess the risk of domestic and dating vioVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00163 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
164 

lence homicide) and prevention of domestic violence, dating violence, stalking, and sexual assault against disabled individuals; 

* * * * * * * 

(4) to provide technical assistance to assist with modifications to existing policies, protocols, and procedures to ensure 

equal access to the services, programs, and activities of øvictim 

service organizations¿ victim service providers for disabled individuals; 

(5) to provide training and technical assistance on the requirements of shelters and øvictim services organizations¿ victim service providers under Federal antidiscrimination laws, 

including— 

(A) * * * 

* * * * * * * 

(c) ELIGIBLE ENTITIES.— 

(1) IN GENERAL.—An entity shall be eligible to receive a 

grant under this section if the entity is— 

(A) * * * 

* * * * * * * 

(D) a ønonprofit and nongovernmental victim services 

organization, such as a State¿ victim service provider, such 

as a State or tribal domestic violence or sexual assault coalition or a nonprofit, nongovernmental organization serving disabled individuals. 

* * * * * * * 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated ø$10,000,000 for each of the fiscal years 2007 

through 2011¿ $9,000,000 for each of fiscal years 2013 through 

2017 to carry out this section. 

* * * * * * * 

CRIME CONTROL ACT OF 1990 

* * * * * * * 

TITLE II—VICTIMS OF CHILD ABUSE 

ACT OF 1990 

* * * * * * * 

Subtitle B—Court-Appointed Special 

Advocate Program 

* * * * * * * 

SEC. 216. PURPOSE. 

The purpose of this subtitle is to ensure that by øJanuary 1, 

2010¿ January 1, 2015, a court-appointed special advocate shall be 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
165 

available to every victim of child abuse or neglect in the United 

States that needs such an advocate. 

SEC. 217. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVOCATE PROGRAM. 

(a) * * * 

* * * * * * * 

(c) GRANT CRITERIA.—(1) * * * 

(2) In general, the grant criteria established pursuant to paragraph (1) shall require that a court-appointed special advocate program provide screening, training, and supervision of court-appointed special advocates in accordance with standards developed 

by the National Court-Appointed Special Advocate Association. 

Such criteria may include the requirements that— 

(A) a court-appointed special advocate association program 

have a mission and purpose in keeping with the mission and 

purpose of the National Court-Appointed Special Advocate Association and that it abide by the National Court-Appointed 

Special Advocate Association øCode of Ethics¿ Standards for 

Programs; 

* * * * * * * 

(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. 

SEC. 219. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—There is authorized to be appropriated to carry out this subtitle $12,000,000 for each of øfiscal years 2007 

through 2011¿ fiscal years 2013 through 2017. 

* * * * * * * 

VIOLENCE AGAINST WOMEN AND DEPARTMENT OF 

JUSTICE REAUTHORIZATION ACT OF 2005 

* * * * * * * 

TITLE I—ENHANCING JUDICIAL AND 

LAW ENFORCEMENT TOOLS TO COMBAT VIOLENCE AGAINST WOMEN 

* * * * * * * 

øSEC. 120. GRANTS FOR OUTREACH TO UNDERSERVED POPULATIONS. 

ø(a) GRANTS AUTHORIZED.— 

ø(1) IN GENERAL.—From amounts made available to carry 

out this section, the Attorney General, acting through the Director of the Office on Violence Against Women, shall award 

grants to eligible entities described in subsection (b) to carry 

out local, regional, or national public information campaigns foVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00165 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
166 

cused on addressing adult, youth, or minor domestic violence, 

dating violence, sexual assault, stalking, or trafficking within 

tribal and underserved populations and immigrant communities, including information on services available to victims 

and ways to prevent or reduce domestic violence, dating violence, sexual assault, and stalking. 

ø(2) TERM.—The Attorney General shall award grants 

under this section for a period of 1 fiscal year. 

ø(b) ELIGIBLE ENTITIES.—Eligible entities under this section 

are— 

ø(1) nonprofit, nongovernmental organizations or coalitions 

that represent the targeted tribal and underserved populations 

or immigrant community that— 

ø(A) have a documented history of creating and administering effective public awareness campaigns addressing domestic violence, dating violence, sexual assault, and 

stalking; or 

ø(B) work in partnership with an organization that 

has a documented history of creating and administering effective public awareness campaigns addressing domestic 

violence, dating violence, sexual assault, and stalking; or 

ø(2) a governmental entity that demonstrates a partnership with organizations described in paragraph (1). 

ø(c) ALLOCATION OF FUNDS.—Of the amounts appropriated for 

grants under this section— 

ø(1) not more than 20 percent shall be used for national 

model campaign materials targeted to specific tribal and underserved populations or immigrant community, including 

American Indian tribes and Alaskan native villages for the 

purposes of research, testing, message development, and preparation of materials; and 

ø(2) the balance shall be used for not less than 10 State, 

regional, territorial, tribal, or local campaigns targeting specific 

communities with information and materials developed 

through the national campaign or, if appropriate, new materials to reach an underserved population or a particularly isolated community. 

ø(d) USE OF FUNDS.—Funds appropriated under this section 

shall be used to conduct a public information campaign and build 

the capacity and develop leadership of racial, ethnic populations, or 

immigrant community members to address domestic violence, dating violence, sexual assault, and stalking. 

ø(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. 

ø(f) CRITERIA.—In awarding grants under this section, the Attorney General shall ensure— 

ø(1) reasonable distribution among eligible grantees representing various underserved and immigrant communities; 

ø(2) reasonable distribution among State, regional, territorial, tribal, and local campaigns; and 

ø(3) that not more than 8 percent of the total amount appropriated under this section for each fiscal year is set aside 

for training, technical assistance, and data collection. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
167 

ø(g) REPORTS.—Each eligible entity receiving a grant under 

this section shall submit to the Director of the Office of Violence 

Against Women a report that describes the activities carried out 

with grant funds. 

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $2,000,000 for each 

of fiscal years 2007 through 2011. 

ø(i) DEFINITIONS AND GRANT CONDITIONS.—In this section the 

definitions and grant conditions in section 40002 of the Violence 

Against Women Act of 1994 shall apply.¿ 

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 (2) shall not apply to this grant program. 

(2) PROGRAMS COVERED.—The programs identified in this 

paragraph are the programs carried out under the following 

provisions: 

(A) Part T of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (STOP grants). 

(B) Part U of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (Grants to encourage arrest 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, 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
168 

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— 

(A) implementing prevention, outreach, and intervention strategies to address the barriers to accessing services; 

(B) promoting community engagement in the prevention of domestic violence, dating violence, sexual assault, 

and stalking within the targeted underserved populations; 

and 

(C) 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 victim 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 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 annually submit to the Director of the Office on Violence Against Women a report that describes the activities carried 

out with grant funds during the preceding fiscal year. 

(g) 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. 

(h) AUTHORIZATION OF APPROPRIATIONS.—In addition to the 

funds identified in subsection (a)(1), there are authorized to be apVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00168 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
169 

propriated to carry out this section $2,000,000 for each of the fiscal 

years 2013 through 2017. 

SEC. 121. ENHANCING CULTURALLY øAND LINGUISTICALLY¿ SPECIFIC 

SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 

VIOLENCE, SEXUAL ASSAULT, AND STALKING 

(a) ESTABLISHMENT.— (1) IN GENERAL.—Of the amounts appropriated under certain grant programs identified in paragraph (a)(2) of this Section, the Attorney General, through the Director of the Violence Against Women Office (referred to in this section as the 

‘‘Director’’), shall take 5 percent of such appropriated amounts 

and combine them to establish a new grant program to enhance culturally øand linguistically¿ specific services for victims of domestic violence, dating violence, sexual assault, and 

stalking. Grants made under this new program shall be administered by the Director. The requirements of the grant programs identified in paragraph (2) shall not apply to this new 

grant program. 

ø(2) PROGRAMS COVERED.—The programs covered by paragraph (1) are the programs carried out under the following provisions: 

ø(A) Section 2101 (42 U.S.C. 3796hh), Grants to Encourage Arrest Policies. 

ø(B) Section 1201 of the Violence Against Women Act 

of 2000 (42 U.S.C. 3796gg-6), Legal Assistance for Victims. 

ø(C) Section 40295 of the Violence Against Women Act 

of 1994 (42 U.S.C. 13971), Rural Domestic Violence and 

Child Abuser Enforcement Assistance. 

ø(D) Section lll of the Violence Against Women 

Act of 1994 (42 U.S.C. lll), Older Battered Women. 

ø(E) Section lll of the Violence Against Women 

Act of 2000 (42 U.S.C. lll), Disabled Women Program.¿ 

(2) PROGRAMS COVERED.—The programs identified in this 

paragraph are the programs carried out under the following 

provisions: 

(A) Part U of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3796hh) (Grants to encourage arrest policies). 

(B) Section 1201 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 40802 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). 

(b) PURPOSE OF PROGRAM AND GRANTS.— 

(1) GENERAL PROGRAM PURPOSE.—The purpose of the program required by this section is to promote: 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
170 

(A) The maintenance and replication of existing successful services in domestic violence, dating violence, sexual assault, and stalking community-based programs providing culturally øand linguistically¿ specific services and 

other resources. 

(B) The development of innovative culturally øand linguistically¿ specific strategies and projects to enhance access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who 

face obstacles to using more traditional services and resources. 

(2) PURPOSES FOR WHICH GRANTS MAY BE USED.—The Director shall make grants to community-based programs for the 

purpose of enhancing culturally øand linguistically¿ specific 

services for victims of domestic violence, dating violence, sexual assault, and stalking. Grants under the program shall support community-based efforts to address distinctive cultural 

øand linguistic¿ responses to domestic violence, dating violence, sexual assault, and stalking, including— 

(A) working with State and local governments and social service agencies to develop and enhance effective strategies to provide culturally øand linguistically¿ specific 

services to victims of domestic violence, dating violence, 

sexual assault, and stalking; 

(B) increasing communities’ capacity to provide culturally øand linguistically¿ specific resources and support 

for victims of domestic violence, dating violence, sexual assault, and stalking crimes and their families; 

(C) strengthening criminal justice interventions, by 

providing training for law enforcement, prosecution, 

courts, probation, and correctional facilities on culturally 

øand linguistically¿ specific responses to domestic violence, 

dating violence, sexual assault, and stalking; 

(D) enhancing traditional services to victims of domestic violence, dating violence, sexual assault, and stalking 

through the leadership of culturally øand linguistically¿ 

specific programs offering services to victims of domestic 

violence, dating violence, sexual assault, and stalking; 

(E) working in cooperation with the community to develop education and prevention strategies highlighting culturally øand linguistically¿ specific issues and resources 

regarding victims of domestic violence, dating violence, 

sexual assault, and stalking; 

(F) providing culturally øand linguistically¿ specific 

programs for children exposed to domestic violence, dating 

violence, sexual assault, and stalking; 

(G) providing culturally øand linguistically¿ specific 

resources and services that address the safety, economic, 

housing, and workplace needs of victims of domestic violence, dating violence, sexual assault, or stalking, including emergency assistance; or 

(H) examining the dynamics of culture and its impact 

on victimization and healing. 

(3) TECHNICAL ASSISTANCE AND TRAINING.—The Director 

shall provide technical assistance and training to grantees of 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
171 

this and other programs under this Act regarding the development and provision of effective culturally øand linguistically¿ 

specific community-based services by entering into cooperative 

agreements or contracts with an organization or organizations 

having a demonstrated expertise in and whose primary purpose is addressing the development and provision of culturally 

øand linguistically¿ specific community-based services to victims of domestic violence, dating violence, sexual assault, and 

stalking. 

(c) ELIGIBLE ENTITIES.—Eligible entities for grants under this 

Section include— 

(1) community-based programs whose primary purpose is 

providing culturally øand linguistically¿ specific services to victims of domestic violence, dating violence, sexual assault, and 

stalking; and 

(2) community-based programs whose primary purpose is 

providing culturally øand linguistically¿ specific services who 

can partner with a program having demonstrated expertise in 

serving victims of domestic violence, dating violence, sexual assault, and stalking. 

(d) REPORTING.—The Director shall issue a biennial report on 

the distribution of funding under this section, the progress made 

in replicating and supporting increased services to victims of domestic violence, dating violence, sexual assault, and stalking who 

face obstacles to using more traditional services and resources, and 

the types of culturally øand linguistically¿ accessible programs, 

strategies, technical assistance, and training developed or enhanced through this program. 

* * * * * * * 

(f) EVALUATION.—The Director shall award a contract or cooperative agreement to evaluate programs under this section to an 

entity with the demonstrated expertise in and primary goal of providing enhanced cultural øand linguistic¿ access to services and resources for victims of domestic violence, dating violence, sexual assault, and stalking who face obstacles to using more traditional 

services and resources. 

(g) NON-EXCLUSIVITY.—Nothing in this Section shall be interpreted to exclude ølinguistic and¿ culturally specific communitybased programs from applying to other grant programs authorized 

under this Act. 

* * * * * * * 

TITLE III—SERVICES, PROTECTION, 

AND JUSTICE FOR YOUNG VICTIMS OF 

VIOLENCE 

* * * * * * * 

SEC. 304. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES. 

(a) GRANTS AUTHORIZED.— (1) IN GENERAL.—The Attorney General is authorized to 

make grants to institutions of higher education, for use by such 

institutions or consortia consisting of campus personnel, stuVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00171 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
172 

dent organizations, campus administrators, security personnel, 

and regional crisis centers affiliated with the institution, to develop and strengthen effective security and investigation strategies to combat domestic violence, dating violence, sexual assault, and stalking on campuses, øand¿ to develop and 

strengthen victim services in cases involving such øcrimes 

against women on¿ crimes on campuses, which may include 

partnerships with local criminal justice authorities and community-based victim services agencies, and to develop and 

strengthen prevention education and awareness programs. (2) AWARD BASIS.—The Attorney General shall award 

grants and contracts under this section on a competitive basis 

for a period of 3 years. The Attorney General, through the Director of the Office on Violence Against Women, shall award 

the grants in amounts of not more than ø$500,000¿ $300,000 

for individual institutions of higher education and not more 

than $1,000,000 for consortia of such institutions. 

* * * * * * * 

(b) USE OF GRANT FUNDS.—Grant funds awarded under this 

section may be used for the following purposes: 

(1) * * * 

(2) To develop, strengthen, and implement campus policies, 

protocols, and services that more effectively identify and respond to the crimes of domestic violence, dating violence, sexual øassault and stalking,¿ assault, and stalking, including the 

use of technology to commit these crimes, and to train campus 

administrators, campus security personnel, and personnel serving on campus disciplinary or judicial boards on such policies, 

protocols, and services. Within 90 days after the date of enactment of this Act, the Attorney General shall issue and make 

available minimum standards of training relating to domestic 

violence, dating violence, sexual assault, and stalking on campus, for all campus security personnel and personnel serving 

on campus disciplinary or judicial boards. 

* * * * * * * 

(4) To develop, enlarge, or strengthen victim services programs and population specific services on the campuses of the 

institutions involved, including programs providing legal, medical, or psychological counseling, for victims of domestic violence, dating violence, sexual assault, and stalking, and to improve delivery of victim assistance on campus. To the extent 

practicable, such an institution shall collaborate with any øentities carrying out nonprofit and other victim services programs, including domestic violence, dating violence, sexual assault, and stalking victim services programs¿ victim service 

providers in the community in which the institution is located. 

If appropriate victim services programs are not available in the 

community or are not accessible to students, the institution 

shall, to the extent practicable, provide a victim services program on campus or create a victim services program in collaboration with a community-based organization. The institution 

shall use not less than 20 percent of the funds made available 

through the grant for a victim services program provided in accordance with this paragraph, regardless of whether the servVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00172 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
173 

ices provided by such program are provided by the institution 

or in coordination with community victim service providers. 

* * * * * * * 

(9) To provide evidence-based educational programming for 

students regarding domestic violence, dating violence, sexual 

assault, and stalking. 

(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. 

(c) APPLICATIONS.— 

(1) * * * 

(2) CONTENTS.—Each application submitted under paragraph (1) shall— 

(A) * * * 

(B) include proof that the institution of higher education collaborated with any non-profit, nongovernmental 

entities carrying out other victim services programs, including domestic violence, dating violence, sexual assault, 

and stalking victim services programs in the community in 

which the institution is located; 

* * * * * * * 

(D) describe how underserved populations in the campus community will be adequately served, including the 

provision of relevant population specific services; 

ø(D)¿ (E) provide measurable goals and expected results from the use of the grant funds; 

ø(E)¿ (F) provide assurances that the Federal funds 

made available under this section shall be used to supplement and, to the extent practical, increase the level of 

funds that would, in the absence of Federal funds, be made 

available by the institution for the purposes described in 

subsection (b); and 

ø(F)¿ (G) include such other information and assurances as the Attorney General reasonably determines to be 

necessary. 

(3) COMPLIANCE WITH CAMPUS CRIME REPORTING REQUIRED.—No institution of higher education shall be eligible 

for a grant under this section unless such institution is in compliance with the requirements of section 485(f) of the Higher 

Education Act of 1965 (20 U.S.C. 1092(f)). Up to $200,000 of 

the total amount of grant funds appropriated under this section for fiscal years ø2007 through 2011¿ 2013 through 2017 

may be used to provide technical assistance in complying with 

the mandatory reporting requirements of section 485(f) of such 

Act. 

(d) GENERAL TERMS AND CONDITIONS.— 

(1) * * * 

* * * * * * * 

ø(3) REPORT TO CONGRESS.—Not later than 180 days after 

the end of the fiscal year for which grants are awarded under 

this section, the Attorney General shall submit to Congress a 

report that includes— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
174 

ø(A) the number of grants, and the amount of funds, 

distributed under this section; 

ø(B) a summary of the purposes for which the grants 

were provided and an evaluation of the progress made 

under the grant; 

ø(C) a statistical summary of the persons served, detailing the nature of victimization, and providing data on 

age, sex, race, ethnicity, language, disability, relationship 

to offender, geographic distribution, and type of campus; 

and 

ø(D) an evaluation of the effectiveness of programs 

funded under this part.¿ 

(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. 

(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

carrying out this section, there are authorized to be appropriated 

ø$12,000,000 for fiscal year 2007 and $15,000,000 for each of fiscal 

years 2008 through 2011.¿ $12,000,000 for each of the fiscal years 

2013 through 2017. 

* * * * * * * 

TITLE IV—STRENGTHENING AMERICA’S 

FAMILIES BY PREVENTING VIOLENCE 

* * * * * * * 

SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION. 

(a) * * * 

* * * * * * * 

(c) AUTHORIZATION OF APPROPRIATIONS.—There shall be authorized to be appropriated to carry out this title ø$2,000,000 for 

each of the fiscal years 2007 through 2011¿ $1,000,000 for each of 

the fiscal years 2013 through 2017. 

øSEC. 403. PUBLIC AWARENESS CAMPAIGN. 

ø(a) IN GENERAL.—The Attorney General, acting through the 

Office on Violence Against Women], shall make grants to States for 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
175 

carrying out a campaign to increase public awareness of issues regarding domestic violence against pregnant women. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

carrying out this section, there are authorized to be appropriated 

such sums as may be necessary for each of the fiscal years 2006 

through 2010.¿ 

* * * * * * * 

TITLE IX—SAFETY FOR INDIAN WOMEN 

* * * * * * * 

SEC. 903. CONSULTATION. 

(a) IN GENERAL.—The Attorney General shall conduct annual 

consultations with Indian tribal governments concerning the Federal administration of tribal funds and programs established under 

this Act, the Violence Against Women Act of 1994 (title IV of Public 

Law 103-322; 108 Stat. 1902) øand the Violence Against Women 

Act of 2000¿, the Violence Against Women Act of 2000 (division B 

of Public Law 106-386; 114 Stat. 1491), and the Violence Against 

Women Reauthorization Act of 2012. (b) RECOMMENDATIONS.—During consultations under subsection (a), the øSecretary of the Department of Health and Human 

Services¿ Secretary of Health and Human Services, the Secretary of 

the Interior, and the Attorney General shall solicit recommendations from Indian tribes concerning— 

(1) * * * 

(2) enhancing the safety of Indian women from domestic 

violence, dating violence, sexual assault, øand stalking¿ stalking, and sex trafficking; and 

* * * * * * * 

(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. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN 

WOMEN. 

(a) NATIONAL BASELINE STUDY.— 

(1) IN GENERAL.—øThe National¿ Not later than 2 years 

after the date of enactment of the Violence Against Women Reauthorization Act of 2012, the National Institute of Justice, in 

consultation with the Office on Violence Against Women, shall 

conduct a national baseline study to examine violence against 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
176 

Indian women in Indian country and in Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act 

(43 U.S.C. 1602)). (2) SCOPE.— (A) IN GENERAL.—The study shall examine violence 

committed against Indian women, including— 

(i) * * * 

* * * * * * * 

(iv) stalking; øand¿ 

(v) murderø.¿; and 

(vi) sex trafficking. 

* * * * * * * 

(4) REPORT.—Not later than 2 years after the date of enactment of øthis Act¿ the Violence Against Women Reauthorization Act of 2012, the Attorney General shall submit to the 

Committee on Indian Affairs of the Senate, the Committee on 

the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives a report that describes the 

study. 

(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out øthis section $1,000,000 for 

each of fiscal years 2007 and 2008¿ this subsection $1,000,000 

for each of fiscal years 2013 and 2014, to remain available 

until expended. 

* * * * * * * 

SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN. 

(a) * * * 

(b) TRIBAL REGISTRY.— 

(1) * * * 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,000,000 for 

each of øfiscal years 2007 through 2011¿ fiscal years 2013 

through 2017, to remain available until expended. 

* * * * * * * 

SECTION 2 OF THE DNA ANALYSIS BACKLOG 

ELIMINATION ACT OF 2000 

SEC. 2. AUTHORIZATION OF GRANTS. 

(a) * * * 

* * * * * * * 

(c) FORMULA FOR DISTRIBUTION OF GRANTS.— 

(1) * * * 

* * * * * * * 

(3) LIMITATION.—Grant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection 

(a)(2) in accordance with the following limitations: 

(A) * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
177 

(B) For each of the fiscal years 2010 through ø2014¿ 

2012, not less than 40 percent of the grant amounts shall 

be awarded for purposes under subsection (a)(2). 

(C) For each of the fiscal years 2013 and 2014, not less 

than 75 percent of the grant amounts shall be awarded for purposes under subsection (a)(2). 

VICTIMS OF CHILD ABUSE ACT OF 1990 

* * * * * * * 

TITLE II—VICTIMS OF CHILD ABUSE 

ACT OF 1990 

* * * * * * * 

Subtitle C—Child Abuse Training Programs for Judicial Personnel and Practitioners 

* * * * * * * 

SEC. 224. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION.—There is authorized to be appropriated to 

carry out this subtitle ø$2,300,000 for each of fiscal years 2001 

through 2005.¿ $2,300,000 for each of fiscal years 2013 through 

2017. 

* * * * * * * 

PUBLIC HEALTH SERVICE ACT 

* * * * * * * 

TITLE III—GENERAL POWERS AND DUTIES OF PUBLIC 

HEALTH SERVICE 

* * * * * * * 

PART J—PREVENTION AND CONTROL OF INJURIES

* * * * * * * 

SEC. 393A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION. 

(a) PERMITTED USE.—The Secretary, acting through the National Center for Injury Prevention and Control at the Centers for 

Disease Control and Prevention, shall award targeted grants to 

States to be used for rape prevention and education programs conducted by rape crisis centers, State, territorial, or tribal sexual assault coalitions, and other public and private nonprofit entities 

for— 

(1) * * * 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
178 

(6) education to increase awareness about drugs and alcohol used to facilitate rapes or sexual assaults; and 

* * * * * * * 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There is authorized to be appropriated to 

carry out this section ø$80,000,000 for each of fiscal years 2007 

through 2011¿ $50,000,000 for each of fiscal years 2013 

through 2017. 

* * * * * * * 

(3) FUNDING FORMULA.—Amounts provided under this section shall be allotted to each State, territory, and the District 

of Columbia based on population. If the amounts appropriated 

under paragraph (1) exceed $48,000,000 in any fiscal year, a 

minimum allocation of $150,000 shall be awarded to each State 

and territory and the District of Columbia. Any remaining 

funds shall be allotted to each State and territory and the District of Columbia based on population. 

* * * * * * * 

PART P—ADDITIONAL PROGRAMS 

* * * * * * * 

øSEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

AND STALKING. 

ø(a) AUTHORITY TO AWARD GRANTS.— ø(1) IN GENERAL.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall 

award grants to eligible State, tribal, territorial, or local entities to strengthen the response of State, tribal, territorial, or 

local health care systems to domestic violence, dating violence, 

sexual assault, and stalking. 

ø(2) ELIGIBLE ENTITIES.—To be eligible to receive a grant 

under this section, an entity shall— 

ø(A) be— 

ø(i) a State department (or other division) of 

health, a State domestic or sexual assault coalition or 

service-based program, State law enforcement task 

force, or any other nonprofit, nongovernmental, tribal, 

territorial, or State entity with a history of effective 

work in the fields of domestic violence, dating violence, 

sexual assault or stalking, and health care; or 

ø(ii) a local, nonprofit domestic violence, dating violence, sexual assault, or stalking service-based program, a local department (or other division) of health, 

a local health clinic, hospital, or health system, or any 

other nonprofit, tribal, or local entity with a history of 

effective work in the field of domestic or sexual violence and health; 

ø(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such 

agreements, assurances, and information as the Secretary 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
179 

determines to be necessary to carry out the purposes for 

which the grant is to be made; and 

ø(C) demonstrate that the entity is representing a 

team of organizations and agencies working collaboratively 

to strengthen the response of the health care system involved to domestic violence, dating violence, sexual assault, or stalking and that such team includes domestic violence, dating violence, sexual assault or stalking and 

health care organizations. 

ø(3) DURATION.—A program conducted under a grant 

awarded under this section shall not exceed 2 years. 

ø(b) USE OF FUNDS.— 

ø(1) IN GENERAL.—An entity shall use amounts received 

under a grant under this section to design and implement comprehensive strategies to improve the response of the health 

care system involved to domestic or sexual violence in clinical 

and public health settings, hospitals, clinics, managed care settings (including behavioral and mental health), and other 

health settings. 

ø(2) MANDATORY STRATEGIES.—Strategies implemented 

under paragraph (1) shall include the following: 

ø(A) The implementation, dissemination, and evaluation of policies and procedures to guide health care professionals and behavioral and public health staff in 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 prohibits insurance discrimination. 

ø(B) The development of on-site access to services to 

address the safety, medical, mental health, and economic 

needs of patients either by increasing the capacity of existing health care professionals and behavioral and public 

health staff to address domestic violence, dating violence, 

sexual assault, and stalking, by contracting with or hiring 

domestic or sexual assault advocates to provide the services, or to model other services appropriate to the geographic and cultural needs of a site. 

ø(C) The evaluation of practice and the institutionalization of identification, intervention, and documentation 

including quality improvement measurements. 

ø(D) The provision of training and followup technical 

assistance to health care professionals, behavioral and 

public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual violence, or stalking. 

ø(3) PERMISSIVE STRATEGIES.—Strategies implemented 

under paragraph (1) may include the following: 

ø(A) Where appropriate, 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 violence. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
180 

ø(B) The creation, adaptation, and implementation of 

public education campaigns for patients concerning domestic violence, dating violence, sexual assault, and stalking 

prevention. 

ø(C) The development, adaptation, and dissemination 

of domestic violence, dating violence, sexual assault, and 

stalking education materials to patients and health care 

professionals and behavioral and public health staff. 

ø(D) The promotion of the inclusion of domestic violence, dating violence, sexual assault, and stalking into 

health professional training schools, including medical, 

dental, nursing school, social work, and mental health curriculum. 

ø(E) The integration 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. 

ø(c) ALLOCATION OF FUNDS.—Funds appropriated under this 

section shall be distributed equally between State and local programs. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to award grants under this section, $5,000,000 

for each of fiscal years 2007 through 2011.¿ 

SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
181 

(ii) plan and develop 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; and 

(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 followup 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. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
182 

(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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
183 

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) 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. 

(4) APPLICATION.— 

(A) SUBSECTION (a) (1) AND (2) GRANTEES.—An entity 

desiring a grant under paragraph (1) or (2) of subsection 

(a) shall submit an application to the Secretary at such 

time, in such manner, and containing such information 

and assurances as the Secretary may require, including— 

(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. 

(B) 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 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
184 

expertise in addressing domestic violence, dating violence, sexual assault, or stalking; 

(iv) with respect to an application for a grant 

under which the grantee will have contact with patients, a plan, developed in collaboration with local victim service providers, to respond appropriately to and 

make correct referrals for individuals who disclose that 

they are victims of domestic violence, dating violence, 

sexual assault, stalking, or other types of violence, and 

documentation provided by the grantee of an ongoing 

collaborative relationship with a local victim service 

provider; and 

(v) with respect to an application for a grant proposing to fund a program described in subsection 

(b)(2)(C)(ii), a certification that any sexual assault forensic medical examination and sexual assault nurse 

examiner programs supported with such grant funds 

will adhere to the guidelines set forth by the Attorney 

General. 

(d) ELIGIBLE ENTITIES.— (1) IN GENERAL.—To be eligible to receive funding under 

paragraph (1) or (2) of subsection (a), an entity shall be— 

(A) a nonprofit organization with a history of effective 

work in the field of training health professionals with an 

understanding of, and clinical skills pertinent to, domestic 

violence, dating violence, sexual assault, or stalking, and 

lifetime exposure to violence and abuse; 

(B) an accredited school of allopathic or osteopathic 

medicine, psychology, nursing, dentistry, social work, or allied health; 

(C) a health care provider membership or professional 

organization, or a health care system; or 

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

(2) SUBSECTION (a)(3) GRANTEES.—To be eligible to receive 

funding under subsection (a)(3), an entity shall be— 

(A) a State department (or other division) of health, a 

State, tribal, or territorial domestic violence or sexual assault coalition or victim service provider, or any other nonprofit, nongovernmental organization with a history of effective work in the fields of domestic violence, dating violence, sexual assault, or stalking, and health care, including physical or mental health care; or 

(B) a local victim service provider, a local department 

(or other division) of health, a local health clinic, hospital, 

or health system, or any other community-based organization with a history of effective work in the field of domestic 

violence, dating violence, sexual assault, or stalking and 

health care, including physical or mental health care. 

(e) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—Of the funds made available to carry out 

this section for any fiscal year, the Secretary may make grants 

or enter into contracts to provide technical assistance with respect to the planning, development, and operation of any program, activity or service carried out pursuant to this section. 

Not more than 8 percent of the funds appropriated under this 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
185 

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 violence, dating violence, or sexual assault 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 2013 through 2017. 

(h) DEFINITIONS.—Except as otherwise provided in this section, 

the definitions in section 40002 of the Violence Against Women Act 

of 1994 apply to this section. 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
186 

TITLE VII—HEALTH PROFESSIONS 

EDUCATION 

* * * * * * * 

PART D—INTERDISCIPLINARY, COMMUNITYBASED LINKAGES 

* * * * * * * 

øSEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC VIOLENCE AND OTHER TYPES OF VIOLENCE AND 

ABUSE. 

ø(a) GRANTS.—The Secretary, acting through the Director of 

the Health Resources and Services Administration, shall award 

grants under this section to develop interdisciplinary training and 

education programs that provide undergraduate, graduate, postgraduate medical, nursing (including advanced practice nursing 

students), and other health professions students with an understanding of, and clinical skills pertinent to, domestic violence, sexual assault, stalking, and dating violence. 

ø(b) ELIGIBILITY.—To be eligible to receive a grant under this 

section an entity shall— 

ø(1) be an accredited school of allopathic or osteopathic 

medicine; 

ø(2) prepare and submit to the Secretary an application at 

such time, in such manner, and containing such information as 

the Secretary may require, including— 

ø(A) information to demonstrate that the applicant includes the meaningful participation of a school of nursing 

and at least one other school of health professions or graduate program in public health, dentistry, social work, midwifery, or behavioral and mental health; 

ø(B) strategies for the dissemination and sharing of 

curricula and other educational materials developed under 

the grant to other interested medical and nursing schools 

and national resource repositories for materials on domestic violence and sexual assault; and 

ø(C) a plan for consulting with community-based coalitions or individuals who have experience and expertise in 

issues related to domestic violence, sexual assault, dating 

violence, and stalking for services provided under the program carried out under the grant. 

ø(c) USE OF FUNDS.— 

ø(1) REQUIRED USES.—Amounts provided under a grant 

under this section shall be used to— 

ø(A) fund interdisciplinary training and education 

projects that are designed to train medical, nursing, and 

other health professions students and residents to identify 

and provide health care services (including mental or behavioral health care services and referrals to appropriate 

community services) to individuals who are experiencing or 

who have experienced domestic violence, sexual assault, 

and stalking or dating violence; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
187 

ø(B) plan and develop culturally competent clinical 

components for integration into approved residency training programs that address health issues related to domestic violence, sexual assault, dating violence, and stalking, 

along with other forms of violence as appropriate, and include the primacy of victim safety and confidentiality. 

ø(2) PERMISSIVE USES.—Amounts provided under a grant 

under this section may be used to— 

ø(A) offer community-based training opportunities in 

rural areas for medical, nursing, and other students and 

residents on domestic violence, sexual assault, stalking, 

and dating violence, and other forms of violence and abuse, 

which may include the use of distance learning networks 

and other available technologies needed to reach isolated 

rural areas; or 

ø(B) provide stipends to students who are underrepresented in the health professions as necessary to promote 

and enable their participation in clerkships, preceptorships, or other offsite training experiences that are designed to develop health care clinical skills related to domestic violence, sexual assault, dating violence, and stalking. 

ø(3) REQUIREMENTS.— 

ø(A) CONFIDENTIALITY AND SAFETY.—Grantees under 

this section shall ensure that all educational programs developed with grant funds address issues of confidentiality 

and patient safety, and that faculty and staff associated 

with delivering educational components are fully trained 

in procedures that will protect the immediate and ongoing 

security of the patients, patient records, and staff. Advocacy-based coalitions or other expertise available in the 

community shall be consulted on the development and adequacy of confidentially and security procedures, and shall 

be fairly compensated by grantees for their services. 

ø(B) RURAL PROGRAMS.—Rural training programs carried out under paragraph (2)(A) shall reflect adjustments 

in protocols and procedures or referrals that may be needed to protect the confidentiality and safety of patients who 

live in small or isolated communities and who are currently or have previously experienced violence or abuse. 

ø(4) CHILD AND ELDER ABUSE.—Issues related to child and 

elder abuse may be addressed as part of a comprehensive programmatic approach implemented under a grant under this 

section. 

ø(d) REQUIREMENTS OF GRANTEES.— 

ø(1) LIMITATION ON ADMINISTRATIVE EXPENSES.—A grantee 

shall not use more than 10 percent of the amounts received 

under a grant under this section for administrative expenses. 

ø(2) CONTRIBUTION OF FUNDS.—A grantee under this section, and any entity receiving assistance under the grant for 

training and education, shall contribute non-Federal funds, either directly or through in-kind contributions, to the costs of 

the activities to be funded under the grant in an amount that 

is not less than 25 percent of the total cost of such activities. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
188 

ø(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this section, $3,000,000 for each of 

fiscal years 2007 through 2011. Amounts appropriated under this 

subsection shall remain available until expended.¿ 

* * * * * * * 

UNITED STATES HOUSING ACT OF 1937 

TITLE I—GENERAL PROGRAM OF ASSISTED 

HOUSING 

* * * * * * * 

CONTRACT PROVISIONS AND REQUIREMENTS

SEC. 6. (a) * * * 

* * * * * * * 

(c) Every contract for contributions shall provide that— 

(1) * * * 

* * * * * * * 

ø(3) the public housing agency shall not deny admission to 

the project to any applicant on the basis that the applicant is 

or has been a victim of domestic violence, dating violence, or 

stalking if the applicant otherwise qualifies for assistance or 

admission, and that nothing in this section shall be construed 

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, or stalking¿ 

ø(4)¿ (3) the public housing agency shall promptly notify 

(i) any applicant determined to be ineligible for admission to 

the project of the basis for such determination and provide the 

applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination, and (ii) any applicant determined 

to be eligible for admission to the project of the approximate 

date of occupancy insofar as such date can be reasonably determined; 

ø(5)¿ (4) the public housing agency shall comply with such 

procedures and requirements as the Secretary may prescribe to 

assure that sound management practices will be followed in 

the operation of the project, including requirements pertaining 

to— 

(A) * * * 

* * * * * * * 

(l) Each public housing agency shall utilize leases which— 

(1) * * * 

* * * * * * * 

(5) require that the public housing agency may not terminate the tenancy except for serious or repeated violation of the 

terms or conditions of the lease or for other good causeø, and 

that an incident or incidents of actual or threatened domestic 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
189 

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¿; 

(6) provide that any criminal activity that threatens the 

health, safety, or right to peaceful enjoyment of the premises 

by other tenants or any drug-related criminal activity on or off 

such premises, engaged in by a public housing tenant, any 

member of the tenant’s household, or any guest or other person 

under the tenant’s control, shall be cause for termination of 

tenancyø; except that: (A) criminal activity directly relating to 

domestic violence, dating violence, or stalking, engaged in by 

a member of a tenant’s household or any guest or other person 

under the tenant’s control, shall not be cause for termination 

of the tenancy or occupancy rights, if the tenant or immediate 

member of the tenant’s family is a victim of that domestic violence, dating violence, or stalking; (B) notwithstanding subparagraph (A) or any Federal, State, or local law to the contrary, a public housing agency may bifurcate a lease under this 

section, or remove a household member from a lease under this 

section, without regard to whether a household member is a 

signatory to a lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is 

a tenant or lawful occupant and who engages in criminal acts 

of physical violence against family members or others, without 

evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also a tenant or 

lawful occupant and such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in 

accordance with the procedures prescribed by Federal, State, 

and local law for the termination of leases or assistance under 

the relevant program of HUD-assisted housing; (C) nothing in 

subparagraph (A) may be construed to limit the authority of a 

public housing agency, when notified, to honor court orders addressing rights of access to or control of the property, including 

civil protection orders issued to protect the victim and issued 

to address the distribution or possession of property among the 

household members in cases where a family breaks up; (D) 

nothing in subparagraph (A) limits any otherwise available authority of a public housing agency to evict a tenant for any violation of a lease not premised on the act or acts of violence in 

question against the tenant or a member of the tenant’s household, provided that the public housing agency 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; (E) nothing in subparagraph (A) may be construed to 

limit the authority of a public housing agency to terminate the 

tenancy of any tenant if the public housing agency can demonstrate an actual and imminent threat to other tenants or 

those employed at or providing service to the property if that 

tenant’s tenancy is not terminated; and (F) nothing in this section shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
190 

this section for victims of domestic violence, dating violence, or 

stalking.¿; 

* * * * * * * 

ø(u) CERTIFICATION AND CONFIDENTIALITY.— 

ø(1) CERTIFICATION.— 

ø(A) IN GENERAL.—A public housing agency responding to subsection (l)(5) and (6) may request that an individual certify via a HUD approved certification form that 

the individual is a victim of domestic violence, dating violence, or stalking, and that the incident or incidents in 

question are bona fide incidents of such actual or threatened abuse and meet the requirements set forth in the 

aforementioned paragraphs. Such certification shall include the name of the perpetrator. The individual shall 

provide such certification within 14 business days after the 

individual receives a request for such certification from the 

public housing agency. 

ø(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business 

days after the individual has received a request in writing 

for such certification from the public housing agency, nothing in this subsection, or in paragraph (5) or (6) of subsection (l), may be construed to limit the authority of the 

public housing agency to evict any tenant or lawful occupant that commits violations of a lease. The public housing 

agency may extend the 14-day deadline at its discretion. 

ø(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by— 

ø(i) providing the requesting public housing agency with documentation signed by an employee, agent, 

or volunteer of a victim service provider, an attorney, 

or a medical professional, from whom the victim has 

sought assistance in addressing domestic violence, dating violence, or stalking, or the effects of the abuse, in 

which the professional attests under penalty of perjury 

(28 U.S.C. 1746) to the professional’s belief that the 

incident or incidents in question are bona fide incidents of abuse, and the victim of domestic violence, 

dating violence, or stalking has signed or attested to 

the documentation; or 

ø(ii) producing a Federal, State, tribal, territorial, 

or local police or court record. 

ø(D) LIMITATION.—Nothing in this subsection shall be 

construed to require any public housing agency to demand 

that an individual produce official documentation or physical proof of the individual’s status as a victim of domestic 

violence, dating violence, or stalking in order to receive 

any of the benefits provided in this section. At the public 

housing agency’s discretion, a public housing agency may 

provide benefits to an individual based solely on the individual’s statement or other corroborating evidence. 

ø(E) PREEMPTION.—Nothing in this section shall be 

construed to supersede any provision of any Federal, State, 

or local law that provides greater protection than this secVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00190 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
191 

tion for victims of domestic violence, dating violence, or 

stalking. 

ø(F) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVI- DENCE OF UNREASONABLE ACT.—Compliance with this statute by a public housing agency, or assisted housing provider based on the certification specified in subparagraphs 

(A) and (B) of this subsection or based solely on the victim’s statement or other corroborating evidence, as permitted by subparagraph (D) of this subsection, shall not 

alone be sufficient to constitute evidence of an unreasonable act or omission by a public housing agency or employee thereof. Nothing in this subparagraph shall be construed to limit liability for failure to comply with the requirements of subsection (l)(5) and (6). 

ø(2) CONFIDENTIALITY.— ø(A) IN GENERAL.—All information provided to any 

public housing agency pursuant to paragraph (1), including 

the fact that an individual is a victim of domestic violence, 

dating violence, or stalking, shall be retained in confidence 

by such public housing agency, and shall neither be entered into any shared database nor provided to any related 

entity, except to the extent that disclosure is— 

ø(i) requested or consented to by the individual in 

writing; 

ø(ii) required for use in an eviction proceeding 

under subsection (l)(5) or (6); or 

ø(iii) otherwise required by applicable law. 

ø(B) NOTIFICATION.—Public housing agencies must 

provide notice to tenants assisted under section 6 of the 

United States Housing Act of 1937 of their rights under 

this subsection and subsection (l)(5) and (6), including 

their right to confidentiality and the limits thereof. 

ø(3) DEFINITIONS.—For purposes of this subsection, subsection (c)(3), and subsection (l)(5) and (6)— 

ø(A) the term ‘‘domestic violence’’ has the same meaning given the term in section 40002 of the Violence Against 

Women Act of 1994; 

ø(B) the term ‘‘dating violence’’ has the same meaning 

given the term in section 40002 of the Violence Against 

Women Act of 1994; 

ø(C) the term ‘‘stalking’’ means— 

ø(i)(I) to follow, pursue, or repeatedly commit acts 

with the intent to kill, injure, harass, or intimidate; or 

ø(II) to place under surveillance with the intent to 

kill, injure, harass, or intimidate another person; and 

ø(ii) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed 

acts, to place a person in reasonable fear of the death 

of, or serious bodily injury to, or to cause substantial 

emotional harm to— 

ø(I) that person; 

ø(II) a member of the immediate family of 

that person; or 

ø(III) the spouse or intimate partner of that 

person; and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
192 

ø(D) the term ‘‘immediate family member’’ means, 

with respect to a person— 

ø(i) a spouse, parent, brother or sister, or child of 

that person, or an individual to whom that person 

stands in loco parentis; or 

ø(ii) any other person living in the household of 

that person and related to that person by blood or 

marriage.¿ 

* * * * * * * 

LOWER INCOME HOUSING ASSISTANCE

SEC. 8. (a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

ø(9)(A) 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. 

ø(B) 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 shall not be good 

cause for terminating the assistance, tenancy, or occupancy 

rights of the victim of such violence. 

ø(C)(i) Criminal activity directly relating to domestic violence, dating violence, or stalking, engaged in by a member of 

a tenant’s household or any guest or other person under the 

tenant’s control shall not be cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened 

victim of that domestic violence, dating violence, or stalking. 

ø(ii) Notwithstanding clause (i) or any Federal, State, or local 

law to the contrary, an owner or manager may bifurcate a lease 

under this section, or remove a household member from a lease 

under this section, without regard to whether a household member 

is a signatory to a lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a 

tenant or lawful occupant and who engages in criminal acts of 

physical violence against family members or others, without evicting, removing, terminating assistance to, or otherwise penalizing 

the victim of such violence who is also a tenant or lawful occupant. 

Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in accordance with the procedures prescribed by Federal, State, and local law for the termination of leases or assistance under the relevant program of HUDassisted housing. 

ø(iii) Nothing in clause (i) may be construed to limit the 

authority of a public housing agency, owner, or manager, when 

notified, to honor court orders addressing rights of access to or 

control of the property, including civil protection orders issued 

to protect the victim and issued to address the distribution or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
193 

possession of property among the household members in cases 

where a family breaks up. 

ø(iv) Nothing in clause (i) limits any otherwise available 

authority of an owner or manager to evict or the public housing agency to terminate assistance to a tenant for any violation 

of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, 

provided that the owner or manager does not subject an individual who is or has been a victim of domestic violence, dating 

violence, or stalking to a more demanding standard than other 

tenants in determining whether to evict or terminate. 

ø(v) Nothing in clause (i) may be construed to limit the authority of an owner, manager, or public housing agency to evict 

or terminate from assistance any tenant or lawful occupant if 

the owner, manager or public housing agency can demonstrate 

an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is 

not evicted or terminated from assistance. 

ø(vi) Nothing in this section shall be construed 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, or stalking.¿ 

(d)(1) Contracts to make assistance payments entered into by 

a public housing agency with an owner of existing housing units 

shall provide (with respect to any unit) that— 

(A) the selection of tenants shall be the function of the 

owner, subject to the annual contributions contract between the Secretary and the agency, except that with respect to the certificate and moderate rehabilitation programs only, for the purpose of selecting families to be assisted, the public housing agency may establish local preferences, consistent with the public housing agency plan 

submitted under section 5A (42 U.S.C. 1437c–1) by the 

public housing agency øand 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¿; 

(B)(i) * * * 

(ii) during the term of the lease, the owner shall not terminate the tenancy except for serious or repeated violation of the 

terms and conditions of the lease, for violation of applicable 

Federal, State, or local law, or for other good causeø, 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¿; 

(iii) during the term of the lease, any criminal activity that 

threatens the health, safety, or right to peaceful enjoyment of 

the premises by other tenants, any criminal activity that 

threatens the health, safety, or right to peaceful enjoyment of 

their residences by persons residing in the immediate vicinity 

of the premises, or any drug-related criminal activity on or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
194 

near such premises, engaged in by a tenant of any unit, any 

member of the tenant’s household, or any guest or other person 

under the tenant’s control, shall be cause for termination of 

tenancyø, except that: (I) criminal activity directly relating to 

domestic violence, dating violence, or stalking, engaged in by 

a member of a tenant’s household or any guest or other person 

under the tenant’s control, shall not be cause for termination 

of the tenancy or occupancy rights or program assistance, if the 

tenant or immediate member of the tenant’s family is a victim 

of that domestic violence, dating violence, or stalking; (II) Notwithstanding subclause (I) or any Federal, State, or local law 

to the contrary, a public housing agency may terminate assistance to, or an owner or manager may bifurcate a lease under 

this section, or remove a household member from a lease under 

this section, without regard to whether a household member is 

a signatory to a lease, in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who 

is a tenant or lawful occupant and who engages in criminal 

acts of physical violence against family members or others, 

without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also a tenant 

or lawful occupant. Such eviction, removal, termination of occupancy rights, or termination of assistance shall be effected in 

accordance with the procedures prescribed by Federal, State, 

and local law for the termination of leases or assistance under 

the relevant program of HUD-assisted housing. (III) nothing in 

subclause (I) may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to honor 

court orders addressing rights of access to or control of the 

property, including civil protection orders issued to protect the 

victim and issued to address the distribution or possession of 

property among the household members in cases where a family breaks up; (IV) nothing in subclause (I) limits any otherwise available authority of an owner or manager to evict or the 

public housing agency to terminate assistance to a tenant for 

any violation of a lease not premised on the act or acts of violence in question against the tenant or a member of the tenant’s household, provided that the owner, manager, or public 

housing agency 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; (V) nothing in subclause 

(I) may be construed to limit the authority of an owner or manager to evict, or the public housing agency to terminate assistance, to any tenant if the owner, manager, or public housing 

agency can demonstrate an actual and imminent threat to 

other tenants or those employed at or providing service to the 

property if that tenant is not evicted or terminated from assistance; and (VI) nothing in this section shall be construed 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, or stalking.¿; 

* * * * * * * 

(f) As used in this section— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
195 

(1) * * * 

* * * * * * * 

(6) the term ‘‘project-based assistance’’ means rental assistance under subsection (b) that is attached to the structure pursuant to subsection (d)(2) or (o)(13); and 

(7) the term ‘‘tenant-based assistance’’ means rental assistance under subsection (o) that is not project-based assistance 

and that provides for the eligible family to select suitable housing and to move to other suitable housingø;¿. 

ø(8) the term ‘‘domestic violence’’ has the same meaning 

given the term in section 40002 of the Violence Against Women 

Act of 1994; 

ø(9) the term ‘‘dating violence’’ has the same meaning 

given the term in section 40002 of the Violence Against Women 

Act of 1994; 

ø(10) the term ‘‘stalking’’ means— 

ø(A)(i) to follow, pursue, or repeatedly commit acts 

with the intent to kill, injure, harass, or intimidate another person; or 

ø(ii) to place under surveillance with the intent to kill, 

injure, harass, or intimidate another person; and 

ø(B) in the course of, or as a result of, such following, 

pursuit, surveillance, or repeatedly committed acts, to 

place a person in reasonable fear of the death of, or serious 

bodily injury to, or to cause substantial emotional harm 

to— 

ø(i) that person; 

ø(ii) a member of the immediate family of that 

person; or 

ø(iii) the spouse or intimate partner of that person; and 

ø(11) the term ‘‘immediate family member’’ means, with 

respect to a person— 

ø(A) a spouse, parent, brother or sister, or child of that 

person, or an individual to whom that person stands in 

loco parentis; or 

ø(B) any other person living in the household of that 

person and related to that person by blood or marriage.¿ 

* * * * * * * 

(o) VOUCHER PROGRAM.— 

(1) * * * 

* * * * * * * 

(6) SELECTION OF FAMILIES AND DISAPPROVAL OF OWNERS.— 

(A) * * * 

(B) SELECTION OF TENANTS.—Each housing assistance 

payment contract entered into by the public housing agency and the owner of a dwelling unit) shall provide that the 

screening and selection of families for those units shall be 

the function of the owner. In addition, the public housing 

agency may elect to screen applicants for the program in 

accordance with such requirements as the Secretary may 

establish. øThat an applicant or participant is or has been 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
196 

a victim of domestic violence, dating violence, or stalking 

is not an appropriate basis for denial of program assistance by or for denial of admission if the applicant otherwise qualifies for assistance for admission, and that nothing in this section shall be construed 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, or stalking.¿ 

* * * * * * * 

(7) LEASES AND TENANCY.—Each housing assistance payment contract entered into by the public housing agency and 

the owner of a dwelling unit— 

(A) * * * 

* * * * * * * 

(C) shall provide that during the term of the lease, the 

owner shall not terminate the tenancy except for serious 

or repeated violation of the terms and conditions of the 

lease, for violation of applicable Federal, State, or local 

law, or for other good cause, øand 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 in the case of an owner who is an immediate successor in interest pursuant to foreclosure during the term of the lease vacating the property prior to 

sale shall not constitute other good cause, except that the 

owner may terminate the tenancy effective on the date of 

transfer of the unit to the owner if the owner— 

(i) * * * 

* * * * * * * 

(D) shall provide that during the term of the lease, 

any criminal activity that threatens the health, safety, or 

right to peaceful enjoyment of the premises by other tenants, any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by 

persons residing in the immediate vicinity of the premises, 

or any violent or drug-related criminal activity on or near 

such premises, engaged in by a tenant of any unit, any 

member of the tenant’s household, or any guest or other 

person under the tenant’s control, shall be cause for termination of tenancyø; except that (i) criminal activity directly 

relating to domestic violence, dating violence, or stalking, 

engaged in by a member of a tenant’s household or any 

guest or other person under the tenant’s control shall not 

be cause for termination of the tenancy or occupancy 

rights, if the tenant or immediate member of the tenant’s 

family is a victim of that domestic violence, dating violence, or stalking; (ii) LIMITATION.—Notwithstanding 

clause (i) or any Federal, State, or local law to the contrary, a public housing agency may terminate assistance 

to, or an owner or manager may bifurcate a lease under 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
197 

this section, or remove a household member from a lease 

under this section, without regard to whether a household 

member is a signatory to a lease, in order to evict, remove, 

terminate occupancy rights, or terminate assistance to any 

individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family 

members or others, without evicting, removing, terminating assistance to, or otherwise penalizing the victim of 

such violence who is also a tenant or lawful occupant. 

Such eviction, removal, termination of occupancy rights, or 

termination of assistance shall be effected in accordance 

with the procedures prescribed by Federal, State, and local 

law for the termination of leases or assistance under the 

relevant program of HUD-assisted housing (iii) nothing in 

clause (i) may be construed to limit the authority of a public housing agency, owner, or manager, when notified, to 

honor court orders addressing rights of access or control of 

the property, including civil protection orders issued to 

protect the victim and issued to address the distribution or 

possession of property among the household members in 

cases where a family breaks up; (iv) nothing in clause (i) 

limits any otherwise available authority of an owner or 

manager to evict or the public housing agency to terminate 

assistance to a tenant for any violation of a lease not premised on the act or acts of violence in question against the 

tenant or a member of the tenant’s household, provided 

that the owner, manager, or public housing agency 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; (v) nothing in clause (i) may 

be construed to limit the authority of an owner or manager 

to evict, or the public housing agency to terminate assistance to any tenant if the owner, manager, or public housing agency can demonstrate an actual and imminent 

threat to other tenants or those employed at or providing 

service to the property if that tenant is not evicted or terminated from assistance; and (vi) nothing in this section 

shall be construed 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, or stalking.¿; 

* * * * * * * 

ø(20) PROHIBITED BASIS FOR TERMINATION OF ASSISTANCE.— ø(A) IN GENERAL.—A public housing agency may not terminate assistance to a participant in the voucher program on the 

basis of an incident or incidents of actual or threatened domestic violence, dating violence, or stalking against that participant. 

ø(B) CONSTRUAL OF LEASE PROVISIONS.—Criminal activity 

directly relating to domestic violence, dating violence, or stalking shall not be considered a serious or repeated violation of 

the lease by the victim or threatened victim of that criminal 

activity justifying termination of assistance to the victim or 

threatened victim. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
198 

ø(C) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY.— Criminal activity directly relating to domestic violence, dating 

violence, or stalking shall not be considered cause for termination of assistance for any participant or immediate member 

of a participant’s family who is a victim of the domestic violence, dating violence, or stalking. 

ø(D) EXCEPTIONS.— ø(i) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE

FOR CRIMINAL ACTS.—Nothing in subparagraph (A), (B), or 

(C) may be construed to limit the authority of the public 

housing agency to terminate voucher assistance to individuals who engage in criminal acts of physical violence 

against family members or others. 

ø(ii) COMPLIANCE WITH COURT ORDERS.—Nothing in 

subparagraph (A), (B), or (C) may be construed to limit the 

authority of a public housing agency, when notified, to 

honor court orders addressing rights of access to or control 

of the property, including civil protection orders issued to 

protect the victim and issued to address the distribution or 

possession of property among the household members in 

cases where a family breaks up. 

ø(iii) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE

VOUCHER ASSISTANCE FOR LEASE VIOLATIONS.—Nothing in 

subparagraph (A), (B), or (C) limit any otherwise available 

authority of the public housing agency to terminate voucher assistance to a tenant for any violation of a lease not 

premised on the act or acts of violence in question against 

the tenant or a member of the tenant’s household, provided that the public housing agency 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 terminate. 

ø(iv) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE

VOUCHER ASSISTANCE FOR IMMINENT THREAT.—Nothing in 

subparagraph (A), (B), or (C) may be construed to limit the 

authority of the public housing agency to terminate voucher assistance to a tenant if the public housing agency can 

demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the property or public housing agency if that tenant is not evicted 

or terminated from assistance. 

ø(v) PREEMPTION.—Nothing in this section shall be 

construed 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, or 

stalking.¿ 

* * * * * * * 

ø(ee) CERTIFICATION AND CONFIDENTIALITY.— ø(1) CERTIFICATION.— ø(A) IN GENERAL.—An owner, manager, or public housing agency responding to subsections (c)(9), (d)(1)(B)(ii), 

(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5) may request that an individual certify via a HUD approved certification form that the individual is a victim of domestic 

violence, dating violence, or stalking, and that the incident 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
199 

or incidents in question are bona fide incidents of such actual or threatened abuse and meet the requirements set 

forth in the aforementioned paragraphs. Such certification 

shall include the name of the perpetrator. The individual 

shall provide such certification within 14 business days 

after the individual receives a request for such certification 

from the owner, manager, or public housing agency. 

ø(B) FAILURE TO PROVIDE CERTIFICATION.—If the individual does not provide the certification within 14 business 

days after the individual has received a request in writing 

for such certification for the owner, manager, or public 

housing agency, nothing in this subsection or in subsection 

(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), 

or (r)(5) may be construed to limit the authority of an 

owner or manager to evict, or the public housing agency or 

assisted housing provider to terminate voucher assistance 

for, any tenant or lawful occupant that commits violations 

of a lease. The owner, manager or public housing agency 

may extend the 14-day deadline at their discretion. 

ø(C) CONTENTS.—An individual may satisfy the certification requirement of subparagraph (A) by— 

ø(i) providing the requesting owner, manager, or 

public housing agency with documentation signed by 

an employee, agent, or volunteer of a victim service 

provider, an attorney, or a medical professional, from 

whom the victim has sought assistance in addressing 

domestic violence, dating violence, or stalking, or the 

effects of the abuse, in which the professional attests 

under penalty of perjury (28 U.S.C. 1746) to the professional’s belief that the incident or incidents in question are bona fide incidents of abuse, and the victim 

of domestic violence, dating violence, or stalking has 

signed or attested to the documentation; or 

ø(ii) producing a Federal, State, tribal, territorial, 

or local police or court record. 

ø(D) LIMITATION.—Nothing in this subsection shall be 

construed to require an owner, manager, or public housing 

agency to demand that an individual produce official documentation or physical proof of the individual’s status as a 

victim of domestic violence, dating violence, or stalking in 

order to receive any of the benefits provided in this section. At their discretion, the owner, manager, or public 

housing agency may provide benefits to an individual 

based solely on the individual’s statement or other corroborating evidence. 

ø(E) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVIDENCE OF UNREASONABLE ACT.—Compliance with this statute by an owner, manager or public housing agency based 

on the certification specified in paragraphs (1)(A) and (B) 

of this subsection or based solely on the victim’s statement 

or other corroborating evidence, as permitted by paragraph 

(1)(C) of this subsection, shall not alone be sufficient to 

constitute evidence of an unreasonable act or omission by 

an owner, manger, public housing agency, or employee 

thereof. Nothing in this subparagraph shall be construed 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
200 

to limit liability for failure to comply with the requirements of subsection (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), 

(o)(7)(C), (o)(7)(D), (o)(20), or (r)(5). 

ø(F) PREEMPTION.—Nothing in this section shall be 

construed 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, or 

stalking. 

ø(2) CONFIDENTIALITY.— ø(A) IN GENERAL.—All information provided to an 

owner, manager, or public housing agency pursuant to 

paragraph (1), including the fact that an individual is a 

victim of domestic violence, dating violence, or stalking, 

shall be retained in confidence by an owner, manager, or 

public housing agency, and shall neither be entered into 

any shared database nor provided to any related entity, 

except to the extent that disclosure is— 

ø(i) requested or consented to by the individual in 

writing; 

ø(ii) required for use in an eviction proceeding 

under subsection (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), 

(o)(7)(C), (o)(7)(D), or (o)(20),; or 

ø(iii) otherwise required by applicable law. 

ø(B) NOTIFICATION.—Public housing agencies must 

provide notice to tenants assisted under Section 8 of the 

United States Housing Act of 1937 of their rights under 

this subsection and subsections (c)(9), (d)(1)(B(ii), 

(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5), including 

their right to confidentiality and the limits thereof, and to 

owners and managers of their rights and obligations under 

this subsection and subsections (c)(9), (d)(1)(B(ii), 

(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and (r)(5).¿ 

* * * * * * * 

IMMIGRATION AND NATIONALITY ACT 

* * * * * * * 

TITLE II—IMMIGRATION 

CHAPTER 1—SELECTION SYSTEM

* * * * * * * 

PROCEDURE FOR GRANTING IMMIGRANT STATUS

SEC. 204. (a)(1)(A)(i) * * * 

* * * * * * * 

(iii)(I) * * * 

* * * * * * * 

(III)(aa) Upon filing, each petition under this 

clause shall be transferred to a local office of 

United States Citizenship and Immigration ServVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00200 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
201 

ices and assigned to an investigative officer for adjudication and final determination of eligibility. 

(bb) During the adjudication of each petition 

under this paragraph, an investigative officer from 

a local office of United States Citizenship and Immigration Services shall conduct an in-person 

interview of the alien who filed the petition. The 

investigative officer may also gather other evidence 

and interview other witnesses, including the accused United States citizen or lawful permanent 

resident, if they consent to be interviewed. 

(cc) All interviews under this clause shall be 

conducted under oath and subject to applicable 

penalties for perjury. 

(dd) Upon the conclusion of the adjudication 

process under this subparagraph, the investigative 

officer shall issue a final written determination to 

approve or deny the petition. The investigative officer shall not approve the petition unless the officer 

finds, in writing and with particularity, that all 

requirements under this paragraph, including 

proof that the alien is a victim of the conduct described in clause (iii)(I)(bb), have been proven by 

clear and convincing evidence. 

(IV) During the adjudication of a petition 

under this clause— 

(aa) the petition shall not be granted unless the petition is supported by clear and convincing evidence; and 

(bb) all credible evidence submitted by an 

accused national of the United States or alien 

lawfully admitted for permanent residence 

shall be considered. 

(V)(aa) During the adjudication of a petition 

under this paragraph, the investigative officer at 

the local office of United States Citizenship and 

Immigration Services shall determine whether any 

Federal, State, territorial, tribal, or local law enforcement agency has undertaken an investigation 

or prosecution of the abusive conduct alleged by 

the petitioning alien. 

(bb) If an investigation or prosecution was 

commenced, the investigative officer shall— 

(AA) obtain as much information as possible about the investigation or prosecution; 

and 

(BB) consider that information as part of 

the adjudication of the petition. 

(cc) If an investigation or prosecution is pending, the adjudication of the petition 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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
202 

shall be considered by the investigative officer as 

part of the adjudication of the petition. 

(VI)(aa) If an investigative officer makes a 

written finding that the petitioning alien made a 

material misrepresentation on a petition, during 

an interview, or during any other aspect of the adjudication— 

(AA) the alien’s petition shall be denied 

and the alien shall be removed from the country on an expedited basis; 

(BB) the alien shall be permanently ineligible for any lawful immigration status or 

benefits; 

(CC) any public assistance or other public 

benefits received by the alien or the alien’s 

beneficiaries shall be immediately discontinued; and 

(DD) the alien and the alien’s beneficiaries 

shall not be eligible for any programs or initiatives undertaken by the Department of 

Homeland Security or any other agency or department to delay or exempt removal, including deferred action. 

(bb) Upon receiving any evidence of any material misrepresentation on a petition, during an 

interview, or during any other aspect of the adjudication, the appropriate officer of United States 

Citizenship and Immigration Services and the Secretary of Homeland Security shall— 

(AA) deny the petition and process the 

alien for expedited removal, pursuant to item 

(aa)(AA); and 

(BB) refer the matter and all evidence to 

the Federal Bureau of Investigation for a 

criminal investigation. 

(VII) If a petition filed under this paragraph 

is denied, any obligations under an underlying affidavit of support previously filed by the accused 

national of the United States or alien lawfully admitted for permanent residence shall be terminated. 

(iv) An alien who is the child of a citizen of the United States, 

or who was a child of a United States citizen parent who within 

the past 2 years lost or renounced citizenship status related to an 

incident of domestic violence, and who is a person of good moral 

character, who is eligible to be classified as an immediate relative 

under section 201(b)(2)(A)(i), and who resides, or has resided in the 

past, with the citizen parent may file a petition with the Attorney 

General under this subparagraph for classification of the alien (and 

any child of the alien) under such section if the alien demonstrates 

to the Attorney General that the alien has been battered by or has 

been the subject of extreme cruelty perpetrated by the alien’s citizen parent. For purposes of this clause, residence includes any peVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00202 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
203 

riod of visitation. The petition shall be adjudicated according to the 

procedures that apply to self-petitioners under clause (iii). 

* * * * * * * 

(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification of the 

alien under section 201(b)(2)(A)(i) if the alien— 

(I) * * * 

* * * * * * * 

(V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son. The petition shall be adjudicated according to the procedures that apply 

to self-petitioners under clause (iii). 

* * * * * * * 

(B)(i) * * * 

(ii)(I) * * * 

* * * * * * * 

(III)(aa) Upon filing, each petition under this 

clause shall be transferred to a local office of 

United States Citizenship and Immigration Services and assigned to an investigative officer for adjudication and final determination of eligibility. 

(bb) During the adjudication of each petition 

under this paragraph, an investigative officer from 

a local office of United States Citizenship and Immigration Services shall conduct an in-person 

interview of the alien who filed the petition. The 

investigative officer may also gather other evidence 

and interview other witnesses, including the accused United States citizen or lawful permanent 

resident, if they consent to be interviewed. 

(cc) All interviews under this clause shall be 

conducted under oath and subject to applicable 

penalties for perjury. 

(dd) Upon the conclusion of the adjudication 

process under this subparagraph, the investigative 

officer shall issue a final written determination to 

approve or deny the petition. The investigative officer shall not approve the petition unless the officer 

finds, in writing and with particularity, that all 

requirements under this paragraph, including 

proof that the alien is a victim of the conduct described in clause (ii)(I)(bb), have been proven by 

clear and convincing evidence. 

(IV) During the adjudication of a petition 

under this clause— 

(aa) the petition shall not be granted unless the petition is supported by clear and convincing evidence; and 

(bb) all credible evidence submitted by an 

accused national of the United States or alien 

lawfully admitted for permanent residence 

shall be considered. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
204 

(V)(aa) During the adjudication of a petition 

under this clause, the investigative officer at the 

local office of United States Citizenship and Immigration Services shall determine whether any Federal, State, territorial, tribal, or local law enforcement agency has undertaken an investigation or 

prosecution of the abusive conduct alleged by the 

petitioning alien. 

(bb) If an investigation or prosecution was 

commenced, the investigative officer shall— 

(AA) obtain as much information as possible about the investigation or prosecution; 

and 

(BB) consider that information as part of 

the adjudication of the petition. 

(cc) If an investigation or prosecution is pending, the adjudication of the petition 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 petition. 

(VI)(aa) If an investigative officer makes a 

written finding that the petitioning alien made a 

material misrepresentation on a petition, during 

an interview, or during any other aspect of the adjudication— 

(AA) the alien’s petition shall be denied 

and the alien shall be removed from the country on an expedited basis; 

(BB) the alien shall be permanently ineligible for any lawful immigration status or 

benefits; 

(CC) any public assistance or other public 

benefits received by the alien or the alien’s 

beneficiaries shall be immediately discontinued; and 

(DD) the alien and the alien’s beneficiaries 

shall not be eligible for any programs or initiatives undertaken by the Department of 

Homeland Security or any other agency or department to delay or exempt removal, including deferred action. 

(bb) Upon receiving any evidence of any material misrepresentation on a petition, during an 

interview, or during any other aspect of the adjudication, the appropriate officer of United States 

Citizenship and Immigration Services and the Secretary of Homeland Security shall— 

(AA) deny the petition and process the 

alien for expedited removal, pursuant to subclause (VI)(aa)(AA); and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
205 

(BB) refer the matter and all evidence to 

the Federal Bureau of Investigation for a 

criminal investigation. 

(VII) If a petition filed under this clause is denied, any obligations under an underlying affidavit of support previously filed by the accused national of the United States or alien lawfully admitted for permanent residence shall be terminated. 

(iii) An alien who is the child of an alien lawfully admitted for 

permanent residence, or who was the child of a lawful permanent 

resident who within the past 2 years lost lawful permanent resident status due to an incident of domestic violence, and who is a 

person of good moral character, who is eligible for classification 

under section 203(a)(2)(A), and who resides, or has resided in the 

past, with the alien’s permanent resident alien parent may file a 

petition with the Attorney General under this subparagraph for 

classification of the alien (and any child of the alien) under such 

section if the alien demonstrates to the Attorney General that the 

alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien’s permanent resident parent. The petition shall be adjudicated according to the procedures that apply to 

self-petitioners under clause (ii). 

* * * * * * * 

(l) SURVIVING RELATIVE CONSIDERATION FOR CERTAIN PETI- TIONS AND APPLICATIONS.— (1) * * * 

(2) ALIEN DESCRIBED.—An alien described in this paragraph is an alien who, immediately prior to the death of his 

or her qualifying relative, was— 

(A) * * * 

* * * * * * * 

(E) an alien admitted in ‘‘T’’ nonimmigrant status as 

described in section 101(a)(15)(T)(ii) øor in ‘‘U’’ nonimmigrant status as described in section 101(a)(15)(U)(ii); 

or¿; 

(F) a child of an alien who filed a pending or approved 

petition for classification or application for adjustment of 

status or other benefit specified in section 101(a)(51) as a 

VAWA self-petitioner; or 

ø(F)¿ (G) an asylee (as described in section 208(b)(3)). 

* * * * * * * 

CHAPTER 2—QUALIFICATIONS FOR ADMISSION OF ALIENS; TRAVEL

CONTROL OF CITIZENS AND ALIENS

* * * * * * * 

GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND

INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION.—Except as otherwise provided in this Act, aliens who are 

inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
206 

(1) * * * 

* * * * * * * 

(4) PUBLIC CHARGE.— (A) * * * 

* * * * * * * 

(E) SPECIAL RULE FOR QUALIFIED ALIEN VICTIMS.—Subparagraphs (A), (B), and (C) shall not apply to an alien 

who— 

(i) is a VAWA self-petitioner; 

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

(iii) is a qualified alien described in section 431(c) 

of the Personal Responsibility and Work Opportunity 

Reconciliation Act of 1996 (8 U.S.C. 1641(c)). 

* * * * * * * 

ADMISSION OF NONIMMIGRANTS

SEC. 214. (a) * * * 

* * * * * * * 

(d)(1) A visa shall not be issued under the provisions of section 

101(a)(15)(K)(i) until the consular officer has received a petition 

filed in the United States by the fiance ́e or fiance ́ of the applying 

alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the 

Secretary of Homeland Security shall, by regulation, prescribe. 

Such information shall include information on any criminal convictions of the petitioner for any specified øcrime.¿ 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). It shall be approved 

only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 

years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude 

a valid marriage in the United States within a period of ninety 

days after the alien’s arrival, except that the Secretary of Homeland Security in his discretion may waive the requirement that the 

parties have previously met in person. In the event the marriage 

with the petitioner does not occur within three months after the 

admission of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so 

shall be removed in accordance with sections 240 and 241. 

* * * * * * * 

(3) In this subsection: 

(A) * * * 

(B) The term ‘‘specified crime’’ means the following: 

(i) Domestic violence, sexual assault, child abuse and 

neglect, dating violence, elder øabuse, and stalking.¿ 

abuse, stalking, or an attempt to commit any such crime. 

* * * * * * * 

(p) REQUIREMENTS APPLICABLE TO SECTION 101(a)(15)(U) 

VISAS.— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
207 

(1) PETITIONING PROCEDURES FOR SECTION 101(a)(15)(U)

VISAS.—øThe petition¿ 

(A) IN GENERAL.—The petition filed by an alien under 

section 101(a)(15)(U)(i) shall contain a certification from a 

Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 

101(a)(15)(U)(iii). This certification may also be provided 

by an official of the Service whose ability to provide such 

certification is not limited to information concerning immigration violations. This certification shall state that the 

alien ‘‘has been helpful, is being helpful, or is likely to be 

helpful’’ in the investigation or prosecution of criminal activity described in section 101(a)(15)(U)(iii). 

(B) CERTIFICATION REQUIREMENTS.—Each certification 

submitted under subparagraph (A) shall confirm under 

oath that— 

(i) the criminal activity is actively under investigation or a prosecution has been commenced; and 

(ii) the petitioner has provided to law enforcement 

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. 

* * * * * * * 

(6) DURATION OF STATUS.—The authorized period of status 

of an alien as a nonimmigrant under section 101(a)(15)(U) 

shall be for a period of not more than 4 years, but shall be extended upon certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or 

local authority investigating or prosecuting criminal activity 

described in section 101(a)(15)(U)(iii) that the alien’s presence 

in the United States is required to assist in the investigation 

or prosecution of such criminal activity. The Secretary of 

Homeland Security may extend, beyond the 4-year period authorized under this section, the authorized period of status of 

an alien as a nonimmigrant under section 101(a)(15)(U) if the 

Secretary determines that an extension of such period is warranted due to exceptional circumstances. øSuch alien’s nonimmigrant status shall be extended beyond the 4-year period 

authorized under this section if the alien is eligible for relief 

under section 245(m) and is unable to obtain such relief because regulations have not been issued to implement such section and shall be extended during the pendency of an application for adjustment of status under section 245(m).¿ The Secretary may grant work authorization to any alien who has a 

pending, bona fide application for nonimmigrant status under 

section 101(a)(15)(U). 

(7) AGE DETERMINATIONS.— (A) CHILDREN.—An unmarried alien who seeks to accompany, or follow to join, a parent granted status under 

section 101(a)(15)(U)(i), and who was under 21 years of age 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
208 

on the date on which such parent petitioned for such status, 

shall continue to be classified as a child for purposes of section 101(a)(15)(U)(ii), if the alien attains 21 years of age 

after such parent’s petition was filed but while it was pending. 

(B) PRINCIPAL ALIENS.—An alien described in clause (i) 

of section 101(a)(15)(U) shall continue to be treated as an 

alien described in clause (ii)(I) of such section if the alien 

attains 21 years of age after the alien’s application for status under such clause (i) is filed but while it is pending. 

* * * * * * * 

(r)(1) A visa shall not be issued under the provisions of section 

101(a)(15)(K)(ii) until the consular officer has received a petition 

filed in the United States by the spouse of the applying alien and 

approved by the Attorney General. The petition shall be in such 

form and contain such information as the Attorney General shall, 

by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified 

øcrime.¿ 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). 

* * * * * * * 

(5) In this subsection: 

(A) * * * 

(B) The term ‘‘specified crime’’ means the following: 

(i) Domestic violence, sexual assault, child abuse and 

neglect, dating violence, elder øabuse, and stalking.¿ 

abuse, stalking, or an attempt to commit any such crime. 

* * * * * * * 

CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN

SPOUSES AND SONS AND DAUGHTERS

SEC. 216. (a) * * * 

* * * * * * * 

(c) REQUIREMENTS OF TIMELY PETITION AND INTERVIEW FOR

REMOVAL OF CONDITION.— 

(1) * * * 

* * * * * * * 

(4) HARDSHIP WAIVER.—The Secretary of Homeland Security, in the Attorney General’s discretion, may remove the conditional basis of the permanent resident status for an alien 

who fails to meet the requirements of paragraph (1) if the alien 

demonstrates that— 

(A) extreme hardship would result if such alien is 

removedø,¿; 

(B) the qualifying marriage was entered into in good 

faith by the alien spouse, but the qualifying marriage has 

been terminated (other than through the death of the 

spouse) and the alien was not at fault in failing to meet 

the requirements of paragraph ø(1), or¿ (1); or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
209 

(C) the qualifying marriage was entered into in good 

faith by the alien spouse and during the marriage the 

alien spouse or child was battered by or was the subject 

of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not 

at fault in failing to meet the requirements of paragraph 

(1)ø.¿ ; or 

(D) the alien meets the requirements under section 

204(a)(1)(A)(iii)(II)(aa)(BB) and following the marriage 

ceremony was battered by or subject to extreme cruelty perpetrated by the alien’s intended spouse and was not at fault 

in failing to meet the requirements of paragraph (1). 

In determining extreme hardship, the Secretary of Homeland 

Security shall consider circumstances occurring only during the 

period that the alien was admitted for permanent residence on 

a conditional basis. In acting on applications under this paragraph, the Secretary of Homeland Security shall consider any 

credible evidence relevant to the application. 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. The Secretary of Homeland Security shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse 

or child, including information regarding the whereabouts of 

such spouse or child. 

* * * * * * * 

CHAPTER 4—INSPECTION, APPREHENSION, EXAMINATION, 

EXCLUSION, AND REMOVAL

* * * * * * * 

GENERAL CLASSES OF DEPORTABLE ALIENS

SEC. 237. (a) CLASSES OF DEPORTABLE ALIENS.—Any alien (including an alien crewman) in and admitted to the United States 

shall, upon the order of the Attorney General, be removed if the 

alien is within one or more of the following classes of deportable 

aliens: 

(1) * * * 

(2) CRIMINAL OFFENSES.— 

(A) * * * 

* * * * * * * 

(E) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIOLATION OF PROTECTION ORDER, CRIMES AGAINST CHILDREN

AND.— 

(i) DOMESTIC VIOLENCE, STALKING, AND CHILD

ABUSE.—Any alien who at any time after admission is 

convicted of a crime of domestic violence, a crime of 

stalking, or a crime of child abuse, child neglect, or 

child abandonment is deportable. For purposes of this 

clause, the term ‘‘crime of domestic violence’’ means 

any crime of violence (as defined in section 16 of title 

18, United States Code) against a person committed 

by a current or former spouse of the person, by an inVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00209 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
210 

dividual with whom the person shares a child in common, by an individual who is cohabiting with or has 

cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person 

under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence 

laws of the United States or any State, Indian tribal 

government, or unit of local government. If the conviction records do not conclusively establish whether a 

crime of domestic violence constitutes a crime of violence (as defined in section 16 of title 18, United States 

Code), the Attorney General may consider any other 

evidence that the Attorney General determines to be reliable in making this determination, including sentencing reports and police reports. 

* * * * * * * 

CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS

SEC. 240A. (a) * * * 

(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

FOR CERTAIN NONPERMANENT RESIDENTS.— (1) * * * 

(2) SPECIAL RULE FOR BATTERED SPOUSE OR CHILD.— (A) * * * 

* * * * * * * 

ø(D) CREDIBLE EVIDENCE CONSIDERED.—In acting on 

applications under this paragraph, the Attorney General 

shall consider any credible evidence relevant to the application. The determination of what evidence is credible and 

the weight to be given that evidence shall be within the 

sole discretion of the Attorney General.¿ 

(D) CREDIBLE EVIDENCE CONSIDERED.—In acting on 

applications under this paragraph, the Attorney General 

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). 

* * * * * * * 

CHAPTER 5—ADJUSTMENT AND CHANGE OF STATUS

ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON

ADMITTED FOR PERMANENT RESIDENCE

SEC. 245. (a) * * * 

* * * * * * * 

ø(m)(1) Secretary of Homeland Security may adjust the status 

of an alien admitted into the United States (or otherwise provided 

nonimmigrant status) under section 101(a)(15)(U) to that of an 

alien lawfully admitted for permanent residence if the alien is not 

described in section 212(a)(3)(E), unless the Secretary determines 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
211 

based on affirmative evidence that the alien unreasonably refused 

to provide assistance in a criminal investigation or prosecution, if— 

ø(A) the alien has been physically present in the United 

States for a continuous period of at least 3 years since the date 

of admission as a nonimmigrant under clause (i) or (ii) of section 101(a)(15)(U); and 

ø(B) in the opinion of the Secretary of Homeland Security, 

the alien’s continued presence in the United States is justified 

on humanitarian grounds, to ensure family unity, or is otherwise in the public interest. 

ø(2) An alien shall be considered to have failed to maintain 

continuous physical presence in the United States under paragraph 

(1)(A) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days unless the absence is in order to assist in the investigation or prosecution or unless an official involved in the investigation or prosecution certifies that the absence was otherwise justified. 

ø(3) Upon approval of adjustment of status under paragraph 

(1) of an alien described in section 101(a)(15)(U)(i) the Secretary of 

Homeland Security may adjust the status of or issue an immigrant 

visa to a spouse, a child, or, in the case of an alien child, a parent 

who did not receive a nonimmigrant visa under section 

101(a)(15)(U)(ii) if the Secretary considers the grant of such status 

or visa necessary to avoid extreme hardship. 

ø(4) Upon the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland Security shall record 

the alien’s lawful admission for permanent residence as of the date 

of such approval. 

ø(5)(A) The Secretary of Homeland Security shall consult with 

the Attorney General, as appropriate, in making a determination 

under paragraph (1) whether affirmative evidence demonstrates 

that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or 

other Federal authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii). 

ø(B) Nothing in paragraph (1)(B) may be construed to prevent 

the Secretary from consulting with the Attorney General in making 

a determination whether affirmative evidence demonstrates that 

the alien unreasonably refused to provide assistance to a State or 

local law enforcement official, State or local prosecutor, State or 

local judge, or other State or local authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii).¿ 

* * * * * * * 

INTERNATIONAL MARRIAGE BROKER REGULATION ACT 

OF 2005 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
212 

TITLE VIII—PROTECTION OF BATTERED 

AND TRAFFICKED IMMIGRANTS 

* * * * * * * 

Subtitle D—International Marriage Broker 

Regulation 

* * * * * * * 

SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR 

IMMIGRANTS AND REGULATION OF INTERNATIONAL 

MARRIAGE BROKERS. 

(a) * * * 

(b) VISA AND ADJUSTMENT INTERVIEWS.— (1) FIANCE ́(E)S, SPOUSES AND THEIR DERIVATIVES.—During 

an interview with an applicant for a K nonimmigrant visa, a 

consular officers shall— 

(A) provide information, in the primary language of 

the visa applicant, on protection orders øor¿ and criminal 

convictions collected under subsection (a)(5)(A)(iii); 

* * * * * * * 

(d) REGULATION OF INTERNATIONAL MARRIAGE BROKERS.— ø(1) PROHIBITION ON MARKETING CHILDREN.—An international marriage broker shall not provide any individual or 

entity with the personal contact information, photograph, or 

general information about the background or interests of any 

individual under the age of 18.¿ 

(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) REQUIREMENTS OF INTERNATIONAL MARRIAGE BROKERS

WITH RESPECT TO MANDATORY COLLECTION OF BACKGROUND INFORMATION.— 

(A) * * * 

(B) BACKGROUND INFORMATION.—The international 

marriage broker shall collect a certification signed (in writVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00212 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
213 

ten, electronic, or other form) by the United States client 

accompanied by documentation or an attestation of the following background information about the United States 

client: 

(i) * * * 

(ii) Any Federal, State, or local arrest or conviction of the United States client for homicide, murder, 

manslaughter, assault, battery, domestic violence, 

rape, sexual assault, abusive sexual contact, sexual exploitation, incest, child abuse or neglect, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful 

criminal restraint, false imprisonment, øor stalking.¿ 

stalking, or an attempt to commit any such crime. 

* * * * * * * 

SECTION 384 OF THE ILLEGAL IMMIGRATION REFORM 

AND IMMIGRANT RESPONSIBILITY ACT OF 1996 

SEC. 384. PENALTIES FOR DISCLOSURE OF INFORMATION. 

(a) IN GENERAL.—Except as provided in subsection (b), in no 

case may the Attorney General, or any other official or employee 

of the Department of Justice, the Secretary of Homeland Security, 

the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including 

any bureau or agency of either of such Departments)— 

(1) * * * 

* * * * * * * 

unless the alien has been convicted of a crime or crimes listed 

in section ø241(a)(2)¿ 237(a)(2) of the Immigration and Nationality Act; or 

* * * * * * * 

(b) EXCEPTIONS.— 

(1) The Secretary of Homeland Security or the Attorney 

General may provide, in the Secretary’s or the Attorney General’s discretion, for the disclosure of information in the same 

manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 

13, United States Code. 

(2) The Secretary of Homeland Security or the Attorney 

General may provide in the discretion of the Secretary or the 

Attorney General for the disclosure of information to law enforcement officials to be used solely for a legitimate law enforcement purpose in a manner that protects the confidentiality 

of such information. 

* * * * * * * 

(5) The øAttorney General is¿ Secretary of Homeland Security and the Attorney General are authorized to disclose information, to Federal, State, and local public and private agencies 

providing benefits, to be used solely in making determinations 

of eligibility for benefits pursuant to section 431(c) of the PerVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00213 Fmt 6659 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
214 

sonal Responsibility and Work Opportunity Reconciliation Act 

of 1996. 

* * * * * * * 

(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. 

* * * * * * * 

(d) GUIDANCE.—The Attorney General and the Secretary of 

Homeland Security shall provide guidance to officers and employees of the Department of Justice or the Department of Homeland 

Security who have access to information covered by this section regarding the provisions of this section, including the provisions to 

protect victims of domestic violence 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)) from 

harm that could result from the inappropriate disclosure of covered 

information. 

TITLE 18, UNITED STATES CODE 

PART I—CRIMES 

* * * * * * * 

CHAPTER 7—ASSAULT 

* * * * * * * 

§ 113. Assaults within maritime and territorial jurisdiction 

(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows: 

ø(1) Assault with intent to commit murder, by imprisonment for not more than twenty years.¿ 

(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. 

(2) Assault with intent to commit any felony, except murder or a øfelony under chapter 109A¿ violation of section 2241 

or 2242, by fine under this title or imprisonment for not more 

than ten years, or both. 

(3) Assault with a dangerous weapon, with intent to do 

bodily harm, øand without just cause or excuse,¿ by fine under 

this title or imprisonment for not more than ten years, or both. 

(4) Assault by striking, beating, or wounding, by fine 

under this title or imprisonment for not more than øsix 

months¿ 1 year, or both. 

(5) Simple assault, by fine under this title or imprisonment 

for not more than six months, or both, or if the victim of the 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
215 

assault is an individual who has not attained the age of 16 

years, by fine under this title or imprisonment for not more 

than ø1 year¿ 5 years, or both. 

* * * * * * * 

(7) Assault resulting in øsubstantial bodily injury to an individual who has not attained the age of 16 years¿ substantial 

bodily injury to a spouse or intimate partner, a dating partner, 

or an individual who has not attained the age of 16 years, by 

øfine¿ a fine under this title or imprisonment for not more 

than 5 years, or both. 

(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. 

ø(b) As used in this subsection—¿ (b) In this section— 

(1) the term ‘‘substantial bodily injury’’ means bodily injury which involves— 

(A) * * * 

(B) a temporary but substantial loss or impairment of 

the function of any bodily member, organ, or mental faculty; øand¿ 

(2) the term ‘‘serious bodily injury’’ has the meaning given 

that term in section 1365 of this titleø.¿; 

(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. 

* * * * * * * 

CHAPTER 13—CIVIL RIGHTS 

Sec. 

241. Conspiracy against rights. 

* * * * * * * 

250. Penalties for sexual abuse. 

* * * * * * * 

§ 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 speVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00215 Fmt 6659 Sfmt 6603 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
216 

cial maritime and territorial jurisdiction of the United States, unless a greater penalty is otherwise authorized by law. 

* * * * * * * 

CHAPTER 53—INDIANS 

* * * * * * * 

§ 1153. Offenses committed within Indian country 

(a) Any Indian who commits against the person or property of 

another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under 

chapter 109A, incest, øassault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily 

injury (as defined in section 1365 of this title)¿ a felony assault 

under section 113, an assault against an individual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this title within 

the Indian country, shall be subject to the same law and penalties 

as all other persons committing any of the above offenses, within 

the exclusive jurisdiction of the United States. 

* * * * * * * 

CHAPTER 109A—SEXUAL ABUSE 

§ 2241. Aggravated sexual abuse 

(a) BY FORCE OR THREAT.—Whoever, in the special maritime 

and territorial jurisdiction of the United States or 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 head of any Federal department or agency, knowingly causes another person to engage in a sexual act— 

(1) * * * 

* * * * * * * 

or attempts to do so, shall be fined under this title, imprisoned for 

øany term of years or life¿ not less than 10 years or imprisoned for 

life, or both. 

(b) BY OTHER MEANS.—Whoever, in the special maritime and 

territorial jurisdiction of the United States or 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 head of any Federal department or agency, knowingly— 

(1) * * * 

* * * * * * * 

or attempts to do so, shall be fined under this title, imprisoned for 

øany term of years or life¿ not less than 5 years or imprisoned for 

life, or both. 

* * * * * * * 

§ 2243. Sexual abuse of a minor or ward 

(a) * * * 

ø(b) OF A WARD.—Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
217 

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 head of any Federal department or agency, knowingly engages 

in a sexual act with another person who is— 

ø(1) in official detention; and 

ø(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; 

or attempts to do so, shall be fined under this title, imprisoned not 

more than 15 years, or both.¿ 

(b) OF A WARD.— 

(1) OFFENSES.—It shall be unlawful for any person to 

knowingly engage, or knowingly attempt to engage, in a sexual 

act with another person who is— 

(A) in official detention or supervised by, or otherwise 

under the control of, the United States— 

(i) during arrest; 

(ii) during pretrial release; 

(iii) while in official detention or custody; or 

(iv) while on probation, supervised release, or parole; 

(B) under the professional custodial, supervisory, or 

disciplinary control or authority of the person engaging or 

attempting to engage in the sexual act; and 

(C) at the time of the sexual act— 

(i) in the special maritime and territorial jurisdiction of the United States; 

(ii) in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by 

direction of, or pursuant to a contract or agreement 

with, the United States; or 

(iii) under supervision or other control by the 

United States, or by direction of, or pursuant to a contract or agreement with, the United States. 

(2) PENALTIES.—Whoever violates paragraph (1)(A) 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. 

* * * * * * * 

CHAPTER 110A—DOMESTIC VIOLENCE AND STALKING 

Sec. 

2261. Interstate domestic violence. 

ø2261A. Interstate stalking.¿ 

2261A. Stalking. 

* * * * * * * 

ø§ 2261A. Stalking 

øWhoever— 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
218 

ø(1) travels in interstate or foreign commerce or within the 

special maritime and territorial jurisdiction of the United 

States, or enters or leaves Indian country, with the intent to 

kill, injure, harass, 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 places that person in 

reasonable fear of the death of, or serious bodily injury to, or 

causes substantial emotional distress to that person, a member 

of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or 

ø(2) with the intent— 

ø(A) to kill, injure, harass, or place under surveillance 

with intent to kill, injure, harass, or intimidate, or cause 

substantial emotional distress to a person in another State 

or tribal jurisdiction or within the special maritime and 

territorial jurisdiction of the United States; or 

ø(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the 

death of, or serious bodily injury to— 

ø(i) that person; 

ø(ii) a member of the immediate family (as defined 

in section 115 of that person; or 

ø(iii) a spouse or intimate partner of that person; 

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a 

course of conduct that causes substantial emotional distress to that person or places that person in reasonable 

fear of the death of, or serious bodily injury to, any of the 

persons described in clauses (i) through (iii) of subparagraph (B); 

shall be punished as provided in section 2261(b) of this title.¿ 

SEC. 2261A. STALKING. 

(a) Whoever uses the mail, any interactive computer service, or 

any facility of interstate or foreign commerce to engage in a course 

of conduct or travels in interstate or foreign commerce or within the 

special maritime and territorial jurisdiction of the United States, or 

enters or leaves Indian country, with the intent to kill, injure, harass, or intimidate another person, or place another person under 

surveillance with the intent to kill, injure, harass, or intimidate 

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

course of conduct— 

(1) places that person in reasonable fear of the death of, or 

serious bodily injury to such person, a member of their immediate family (as defined in section 115), or their spouse or intimate partner; or 

(2) causes or attempts to cause serious bodily injury or serious emotional distress to such person, a member of their immediate family (as defined in section 115), or their spouse or intimate partner; 

shall be punished as provided in subsection (b). 

(b) The punishment for an offense under this section is the same 

as that for an offense under section 2261, except that if— 

(1) the offense involves conduct in violation of a protection 

order; or 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
219 

(2) the victim of the offense is under the age of 18 years or 

over the age of 65 years, the offender has reached the age of 18 

years at the time the offense was committed, and the offender 

knew or should have known that the victim was under the age 

of 18 years or over the age of 65 years; 

the maximum term of imprisonment that may be imposed is increased by 5 years over the term of imprisonment otherwise provided for that offense in section 2261 

* * * * * * * 

CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS ACT 

* * * * * * * 

SEC. 7. SUITS BY PRISONERS. 

(a) * * * 

* * * * * * * 

(e) LIMITATION ON RECOVERY.—No Federal civil action may be 

brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission 

of a sexual act (as defined in section 2246 of title 18, United States 

Code). 

* * * * * * * 

SECTION 1346 OF TITLE 28, UNITED STATES CODE 

§ 1346. United States as defendant 

(a) * * * 

(b)(1) * * * 

(2) No person convicted of a felony who is incarcerated while 

awaiting sentencing or while serving a sentence may bring a civil 

action against the United States or an agency, officer, or employee 

of the Government, for mental or emotional injury suffered while 

in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18). 

* * * * * * * 

PRISON RAPE ELIMINATION ACT OF 2003 

* * * * * * * 

SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 

(a) * * * 

* * * * * * * 

(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 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
220 

of 2012, 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, or pursuant to an intergovernmental 

service agreement 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 2012, 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). 

ø(c)¿ (e) ELIGIBILITY FOR FEDERAL FUNDS.— 

(1) * * * 

* * * * * * * 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
221 

Committee Jurisdiction Letters 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUSHR4970-2.eps
222 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUSHR4970-1.eps
223 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUSHR4970-4.eps
224 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUSHR4970-3.eps
225 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUSHR4970-6.eps
226 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUSHR4970-5.eps
(227) 

1 A list of these organizations appears as an Appendix to our dissenting views. 

Dissenting Views 

For nearly 20 years, Democrats have firmly supported the Violence Against Women Act (VAWA or the Act) and the critical lifesaving assistance it has provided for women, men, and children. On 

two occasions since its enactment, we have joined with our colleagues from across the aisle and the other Chamber to extend 

VAWA’s protections to make necessary improvements. H.R. 4970, 

however, constitutes a drastic departure from this bipartisan history and declares that only certain victims of violence are now deserving of protection. 

Under the veil of reauthorizing certain grant programs, H.R. 

4970 undermines the safety of some of our Nation’s most vulnerable victims of violence. The bill rolls back important protections 

for immigrant victims, putting them in a worse position than under 

current law, and it fails to adequately protect other vulnerable populations such as tribal women, and lesbian, gay, bisexual, and 

transgender (LGBT) individuals. In short, any small improvements 

made by this bill to victim protection are outweighed by the overwhelming harm it will cause. 

For these reasons, more than 170 organizations that have steadfastly supported VAWA in the past now vociferously oppose H.R. 

4970 or key provisions in the bill.1 These organizations represent 

the interests of millions of victims of domestic violence, dating violence, sexual assault and stalking, and the professionals who serve 

and protect them throughout the United States and its territories. 

Other important stakeholders have also expressed strong concerns, 

including faith groups, civil rights organizations, tribal coalitions, 

and law enforcement agencies. 

Democrats attempted to offer an amendment in the nature of a 

substitute to H.R. 4970 at the Committee’s markup. Offered by 

Ranking Member John Conyers, Jr. (D-MI), the amendment was 

nearly identical to S. 1925, a bipartisan measure that the Senate 

passed by a vote of 68 to 31. The Democratic substitute was a distillation of the best programs and recommended improvements 

based on months of consultation with our colleagues in the Senate, 

law enforcement officers, survivors, advocates, and other experts. 

The Majority blocked consideration of our alternative and instead 

advanced a regressive bill that amounts to an assault on women. 

For these reasons, and those described below, we respectfully dissent and urge our colleagues to reject this dangerously flawed legislation. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
228 

2Shannan Catalano, et al., Female Victims of Violence, U.S. Department of Justice, Bureau 

of Justice Statistics (Sep. 2009), available at http://www.ojp.usdoj.gov/bjs/intimate/ipv.htm (decrease is based on data collected between 1993 and 2008). 

BACKGROUND

A. General Background 

Since 1994, VAWA has provided life-saving assistance to hundreds of thousands of women, men, and children. Originally passed 

as part of the Violent Crime Control and Law Enforcement Act of 

1994, this landmark bipartisan legislation was enacted in response 

to the prevalence of domestic and sexual violence and the significant impact that such violence has on the lives of women. The legislation’s comprehensive approach to domestic violence combined 

tough new penalties to prosecute offenders with programs to provide services for the victims of such violence. 

Championed by then-Senator Joseph Biden and Representative 

John Conyers, Jr., the original Act was supported by a broad coalition of experts and advocates including law enforcement officers, 

prosecutors, judges, victim service providers, faith leaders, health 

care professionals, and survivors. VAWA has since been reauthorized two times—in 2000 and 2005—with strong bipartisan approval 

in Congress and with overwhelming support from states and local 

communities. 

With each reauthorization, VAWA improved in meaningful ways 

to reflect a growing understanding of how best to meet the varied 

and changing needs of survivors. Among other significant changes, 

the reauthorization of VAWA in 2000 improved the law with respect to the needs of battered immigrants, older victims, and victims with disabilities. In 2005, the reauthorization included a new 

title to address the epidemic of violence experienced by Native 

American and Alaska Native women. Both reauthorizations created 

new programs and extended protections to additional victims. They 

also strengthened victim services and enhanced judicial and law 

enforcement tools to combat domestic violence, dating violence, sexual assault, and stalking. 

The impact of VAWA has been remarkable. The law’s emphasis 

on a coordinated community response—which brings together law 

enforcement, the courts, and victim services—resulted in a paradigm shift in the way communities address violence against 

women. The Act improved the criminal justice system’s ability to 

keep victims safe and hold perpetrators accountable. It has provided victims with critical services such as transitional housing, 

legal assistance, and supervised visitation services. As a result of 

this historic legislation, every state now has enacted laws to make 

stalking a crime and to strengthen criminal rape statutes. Most importantly, the annual incidence of domestic violence has decreased 

by 53 percent.2

Even with this progress, however, domestic and sexual violence 

remain significant, widespread problems. According to a recent National Intimate Partner and Sexual Violence Survey conducted by 

the Centers for Disease Control and Prevention, 24 people become 

victims of rape, physical violence, or stalking by an intimate partVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00228 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
229 

3 National Intimate Partner and Sexual Violence Survey, Centers for Disease Control and Prevention (Dec. 2011), at http://www.cdc.gov/ViolencePrevention/pdf/NISVSl Report2010-a.pdf 

[hereinafter NISVS survey]. 4 Id. 

5 Id. 

6 Catalano, et al, Female Victims of Violence. 7 NISVS survey. 

8 Catalano, et al., Female Victims of Violence. 

ner in the United States every minute.3 Over the course of a year, 

that adds up to more than 12 million women and men. Approximately one in five women and one in 71 men have been raped in 

their lifetime.4 In addition, approximately one in four women and 

one in seven men report experiencing severe physical violence by 

an intimate partner.5 And 45 percent of the women killed in the 

United States die at the hands of an intimate partner.6

Certain racial and ethnic minority communities experience much 

higher rates of violence than the general population, particularly 

women who identify as multiracial non-Hispanic or American Indian/Alaska Native. Approximately half of all women who identified as multiracial or Native American have been victims of domestic violence, compared to one-third of white women. One in three 

Native American and multiracial women has been raped, compared 

to one in four white women.7 In 2007, black women were four times 

more likely than white women to be murdered by an intimate partner and twice as likely to be killed by a spouse.8

Authorized funding for VAWA ended as of September 30, 2011. 

Although its programs have continued to be funded through appropriations, it is imperative that VAWA be reauthorized, and that 

such reauthorization expand on the progress made in the fight 

against domestic violence. 

B. VAWA Protections for Immigrant Victims 

Since it was first enacted in 1994, VAWA has incorporated provisions to protect battered immigrants whose noncitizen status can 

make them particularly vulnerable to crimes of domestic and sexual violence. The abusers of such immigrants often exploit the victims’ lack of permanent immigration status, which causes them to 

not report abuse to law enforcement and to refuse to assist with 

the investigation and prosecution of associated crimes. 

As originally enacted in 1994, VAWA created a self-petition process to allow individuals subjected to battery and extreme cruelty to 

obtain immigration status without having to rely on their abusive 

family member as a sponsor. In the first reauthorization of VAWA 

in 2000, Congress created a new ‘‘U’’ visa for crime victims who 

agree to cooperate with law enforcement in investigating and prosecuting serious crimes. These protections were expanded in the 

2005 reauthorization of the bill. All of these provisions were adopted with strong bipartisan support and are widely credited with 

having protected victims of domestic and sexual violence and supported law enforcement in getting dangerous criminals off of our 

streets. 

Against this noble backdrop, H.R. 4970 eliminates protections for 

noncitizen victims of domestic and sexual abuse, leaving them less 

protected and more vulnerable to further abuse than they are 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
230 

9 Illegal Immigration Reform and Immigrant Responsibility Act of 1996, § 384 (enacted as Division C of Omnibus Consolidated Appropriations Act, 1997, Pub. L. No. 104–208, 110 Stat. 

3009). 10 H. Rep. No. 109–233, at 120 (2005). 

under current law. H.R. 4970 represents a giant step backward 

and, accordingly, we must oppose it. 

1. VAWA Self-Petition 

In 1994, Congress created the ‘‘self-petition’’ process to protect, 

among others, the battered spouses of citizens and lawful permanent residents (LPRs). Such spouses are eligible for permanent 

residency under existing law, but they are typically dependent on 

their spouses to sponsor them by filing an ‘‘immigrant petition’’ on 

their behalf. The VAWA self-petition essentially allows a victim of 

battery or extreme cruelty to file that petition herself, rather than 

rely on the abuser (who often uses the victim’s lack of permanent 

status to control her). By providing such victims with the ability to 

gain independence, leave their abusers if they are still living with 

them, provide for their children, and assist law enforcement, 

VAWA has for more than 18 years helped to remove a key tool of 

control for abusers. 

In 1996, Congress created strong confidentiality provisions pertaining to the VAWA self-petition process. Section 384 of the Illegal 

Immigration Reform and Immigrant Responsibility Act (IIRIRA), 

legislation sponsored by Chairman Lamar Smith (R-TX), prohibits, 

with certain exceptions, government officials from disclosing any 

information about a request for VAWA relief—including the very 

existence of the request—to anyone.9 This provision bars immigration personnel from initiating contact with abusers or calling abusers as witnesses. Section 384 also prohibits immigration officials 

from relying upon information furnished solely by abusers. 

In the 2000 and 2005 reauthorizations of VAWA, Congress extended these confidentiality protections to cover victims of trafficking and other crime victims eligible for immigration relief under 

VAWA. In reporting the 2005 reauthorization of VAWA, the House 

Judiciary Committee, which was at the time chaired by Rep. James 

Sensenbrenner (R-WI), stated: 

This Committee wants to ensure that immigration agents 

and government officials covered by this section do not initiate contact with abusers, call abusers as witnesses or relying (sic) upon information furnished by or derived from 

abusers to apprehend, detain and attempt to remove victims of domestic violence, sexual assault and trafficking, 

as prohibited by section 384 of IIRIRA.10

The confidentiality provisions are designed to ensure that abusers 

and criminals cannot use the immigration system against their victims. According to the 2005 Committee Report: 

Examples include abusers using DHS to obtain information about their victims, including the existence of a 

VAWA immigration petition, interfering with or undermining their victims’ immigration cases, and encouraging 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
231 

11 Id. 12 Unofficial Tr. of Markup of H.R. 4970, to Reauthorize the Violence Against Women Act of 

1997, Before the House Comm. on Judiciary, 112th Cong. 175 (2012) [hereinafter Markup 

Transcript] (statement of Rep. Gowdy), available at http://judiciary.house.gov/hearings/ 

Markups%202012/PDF/HR%204970/5%208%2012%20HR%204970%20HR%204377%20HR% 

205512.pdf. 13Letter from Nawal Ammar, PhD, Professor and Dean of the Faculty of Social Science and 

Humanities at the University of Ontario Institute of Technology, and twelve others experts, to 

Rep. Lamar Smith and Rep. John Conyers, Jr., at 2 (May 8, 2012) (on file with the H. Comm. 

on the Judiciary, Democratic Staff). 14 Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106–386, 

§ 1513(a)(2)(A) (2000) [hereinafter VAWA 2000]. 15 Id. at § 1513(a)(2)(B). 16 Immigration and Nationality Act (INA) § 101(a)(15)(U); 8 U.S.C. § 1101(a)(15)(U). 17 INA § 245(m); 8 U.S.C. § 1255(m). 

immigration enforcement officers to pursue removal actions against their victims.11

Without these confidentiality provisions, immigrant victims 

would be far less likely to report domestic violence crimes and 

those who choose to report would be placed at significantly heightened risk of further abuse. As Rep. Trey Gowdy (R-SC) recognized 

at the Committee markup, for women who are subject to domestic 

abuse, ‘‘the most dangerous time . . . is when they leave and when 

they seek an order of protection or when they seek a restraining 

order.’’ 12 This claim is supported by domestic violence and sexual 

assault researchers, who wrote to the Committee in opposition to 

H.R. 4970 and explained that ‘‘violence, abuse, and homicide increases when victims take steps to leave their abusers or get help 

from the criminal or civil justice systems.’’ 13

2. U Visas 

In the 2000 reauthorization of VAWA, Congress created the U 

visa to ‘‘strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual 

assault, trafficking of aliens, and other crimes . . . committed 

against aliens, while offering protection to victims of such offenses 

in keeping with the humanitarian interests of the United 

States.’’ 14 By a vote in the U.S. House of Representatives of 371– 

1, including 187 Republicans, Congress created the U visa to ‘‘facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized and abused aliens who are not in lawful immigration status.’’ 15

To obtain a U visa, a victim of a serious crime must first report 

the crime to law enforcement and obtain a certification from law 

enforcement attesting to the fact that the victim has been, is being, 

or is expected to be helpful in investigating and/or prosecuting that 

crime.16 After 3 years, a U visa recipient who remains in the country may be permitted to adjust his or her status to that of an LPR 

if the immigrant did not unreasonably refuse to assist law enforcement and if doing so ‘‘is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.17 The prospect of obtaining permanent immigration relief, rather than temporary relief, provides additional incentive for immigrant crime victims to cooperate fully with law enforcement personnel throughout 

criminal proceedings. 

Since 2000, immigration law has capped the number of U visas 

at 10,000 per year. However, as a result of the George W. Bush AdVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00231 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
232 

18Letter from Jon Adler, National President, Federal Law Enforcement Officers Association, 

to Sen. Patrick Leahy and Sen. Charles Grassley, at 1 (Jan. 31, 2012) (on file with the H. 

Comm. on the Judiciary, Democratic Staff). 19Letter from Chuck Canterbury, National President, National Fraternal Order of Police, to 

Sen. Patrick Leahy, at 1 (Feb. 1, 2012) (on file with the H. Comm. on the Judiciary, Democratic 

Staff). 20Letter from David R. Thomas, Johns Hopkins University School of Professional Studies in 

Business and Education, Division of Public Safety Leadership, to Sen. Patrick Leahy and Sen. 

Charles Grassley, at 2 (Jan. 27, 2012) (on file with the H. Comm. on the Judiciary, Democratic 

Staff). 

ministration’s failure to timely issue regulations, U visas were not 

made available until fiscal year 2009. The annual cap has now 

been met in each of the past two fiscal years, and law enforcement 

strongly urges Congress to increase the number of U visas available. In support of an increase to the cap, the Federal Law Enforcement Officers Association writes that: ‘‘[b]y limiting the number of 

U Visas law enforcement can request, Congress is effectively amputating the long arm of the law.’’ 18 Similarly, the National Fraternal 

Order of Police, writing on behalf of its 330,000 members, explains 

that: 

U visas are an invaluable tool that allow law enforcement 

to do its job more effectively and makes it easier to pursue 

prosecution of criminals. Furthermore, the expansion of 

the U visa will provide incalculable benefits to our citizens 

and our communities at a negligible cost.19

Perhaps most clearly, David Thomas, a 15-year veteran of the 

Montgomery County Police Department in Maryland and the 

founder of that Department’s Domestic Violence Unit, states that 

‘‘10,000 more visas translates into getting 10,000 more violent 

criminals out of our neighborhoods. Victims who are safe, away 

from their perpetrator, and self-sustaining make excellent witnesses.’’ 20

CONCERNS WITH H.R. 4970

I. H.R. 4970 WOULD WEAKEN CURRENT LAW WITH RESPECT TO IMMI- GRANT VICTIMS OF CRIMES, INCLUDING DOMESTIC AND SEXUAL VIO- LENCE

A. Section 801 of the Bill Undermines the VAWA Self-Petition Process that Has Offered Victims of Domestic and Sexual Abuse 

Protection Since the Original Violence Against Women Act of 

1994. 

Section 801 of the bill would, for the first time since its creation 

in 1994, weaken and eliminate critical protections in the VAWA 

self-petition process. Individually, each of the several measures discussed below is a severe impediment to victims seeking protection. 

Together, they form an almost insurmountable barricade, delaying 

and denying protection to victims and significantly increasing the 

risk of violence and death. Rolling back these longstanding protections will leave immigrant women at further risk of violence. 

1. H.R. 4970 Eviscerates VAWA Confidentiality Requirements 

and Endangers the Lives of Domestic Violence Victims. 

In 1996, a Republican-controlled Congress enacted strong confidentiality provisions designed to protect victims of domestic vioVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00232 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
233 

21 H. Rep. No. 109–233, at 120 (2005). 22Markup Transcript at 176 (statement of Rep. Gowdy). 23 Id. at 175–76. 24Memorandum from Lamar Smith, Chairman, to Members, Committee on the Judiciary, 7 

(May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic Staff). 25Markup Transcript at 178 (statement of Rep. Lofgren). 

lence from further abuse and to encourage them to seek safety. In 

the 2000 and 2005 reauthorizations of VAWA, again under Republican-controlled Congresses, we extended and reaffirmed those confidentiality provisions with nearly unanimous support in both 

Chambers. In connection with the 2005 VAWA reauthorization bill, 

our Committee wrote without dissent in its report accompanying 

that bill that the Committee wanted ‘‘to ensure that immigration 

agents and government officials covered by this section do not initiate contact with abusers.’’ 21

Rather than keep those protections in law, section 801 of H.R. 

4970 would essentially eliminate them by authorizing immigration 

agents to contact abusers, potentially tipping them off to the fact 

that their victims are taking steps to extricate themselves from the 

abusive relationship. This erosion of confidentiality would make 

victims who seek government protection more vulnerable to serious 

and escalating violence. Incredibly, even certain Members of the 

Majority acknowledged this fact during the markup. Rep. Gowdy 

affirmed that ‘‘[m]ost women, when they make the decision to leave 

and they act on it, that is when they are most vulnerable and they 

are going to get killed.’’ 22 He further added that he knew of ‘‘12 

women whose murderers . . . killed them in South Carolina because they decided to leave.’’ 23 Despite his seeming understanding 

that eliminating existing confidentiality provisions may directly 

lead to violence and death, Rep. Gowdy opposed an amendment to 

retain current law in this area. 

The Majority’s newfound animus against VAWA’s confidentiality 

provisions may stem from their fundamental misunderstanding of 

the VAWA self-petition process and the unique vulnerability of immigrant victims of domestic violence. In the section describing the 

provision in section 801 that would have government officials notify 

abusers of pending VAWA self-petitions, the Majority’s Committee 

memorandum states: ‘‘Of course, the alien’s whereabouts are protected.’’ 24 This assurance, however, is meaningless if, as is frequently the case, the victim is still living with her abuser when she 

files the VAWA self-petition. As Rep. Zoe Lofgren (D-CA) explained 

during the markup: 

If you are an American being abused by an American 

spouse, you can escape and you can decide whether or not 

to call the police, whether or not to seek a restraining 

order, whether or not to prosecute. If you are an immigrant woman whose . . . American husband refuses to petition for you, you don’t have a choice. You are under his 

thumb. And you can’t escape because you can’t get a job. 

You can’t support yourself. You are in limbo. You came 

here marrying an American thinking you were going to be 

part of the American dream, and you are not. You are part 

of the nightmare.25


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
234 

26 H. Rep. No. 109–233, at 120 (2005). 27 Id. 28 Id. 

The end result of this provision, of course, is that fewer victims 

of domestic violence will actually seek protection. The very tool 

that their abusive spouses are already using to facilitate abuse— 

namely, control over their immigration status and the threat of deportation and permanent separation from the United States and 

any children they may have here—will be reinforced as a result of 

section 801 of this bill. 

2. H.R. 4970 Limits Protection for Victims by Requiring the 

Consideration of Uncorroborated Abuser Statements and 

Raising the Standard of Proof for Battered Spouses in a 

Nearly Unprecedented Manner. 

In 1996, at the same time that Congress adopted strong VAWA 

confidentiality protections in Section 384 of Chairman Smith’s 

IIRIRA, Congress also adopted a provision prohibiting reliance on 

information obtained solely from an abuser. This provision requires 

that any evidence provided by an abuser be corroborated before it 

can be used to make a decision in the victim’s case. As with the 

confidentiality provisions, the corroboration requirement was extended and reaffirmed in the 2000 and 2005 reauthorizations of 

VAWA. 

In 2005, Members of this Committee appreciated the importance 

of this longstanding corroboration requirement, as evidenced by the 

Committee Report to the 2005 VAWA reauthorization. That report 

stated, without dissenting view, that these provisions ‘‘are designed 

to ensure that abusers and criminals cannot use the immigration 

system against their victims.’’ 26 The report further observed that 

abusers are known for ‘‘interfering with or undermining their victims’ immigration cases, and encouraging immigration enforcement 

officers to pursue removal actions against their victims.’’ 27 The 

Committee understood that abuser-provided assertions are inherently unreliable, as abusers will say and do almost anything to prevent a victim from seeking protection or collaborating with law enforcement. 

H.R. 4970 effectively eliminates the longstanding corroboration 

requirement by mandating in section 801 that ‘‘any credible evidence’’ be considered by an adjudicator, with no prohibition on 

uncorroborated evidence obtained from an abuser. The pernicious 

nature of this provision is made clearer when viewed together with 

the bill’s language raising the standard of proof for domestic violence victims to ‘‘clear and convincing evidence.’’ This new standard 

for battered spouses is nearly unprecedented in immigration law, 

where almost all immigration law matters are governed by the 

same ‘‘preponderance of the evidence’’ standard that governs most 

civil matters in the United States. 

As a result, H.R. 4970 simultaneously raises the evidentiary burden for persons who have been subjected to battery and extreme 

cruelty by their spouses, while eliminating the existing provision 

preventing uncorroborated evidence presented by abusers from 

‘‘interfering with or undermining their victims’ immigration 

cases.’’ 28 The combination of these two provisions will serve to unVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00234 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
235 

duly delay, if not outright deny, protection to bona fide victims of 

domestic violence. As noted above, abusive spouses often stop at 

nothing to prevent a victim from seeking protection or collaborating 

with law enforcement. They are well-known to make statements or 

manufacture seemingly-credible evidence to cast doubt on their victim’s cases. Considering the inability of victims to test evidence or 

cross-examine abusers in immigration proceedings, the consideration of such uncorroborated evidence will make it almost impossible for many actual victims to meet the heightened standard of 

proof created under H.R. 4970. 

3. H.R. 4970 Forces Victims of Domestic and Sexual Abuse to 

Remain in Abusive Relationships Without Protection by 

Staying Adjudication of VAWA Self-Petitions During the 

Pendency of Investigations or Prosecutions. 

Even though victims have no control over decisions by law enforcement agencies and prosecutors, H.R. 4970 would prevent the 

adjudication of VAWA self-petitions during a pending investigation 

or prosecution. This will delay protection to vulnerable victims, 

forcing them to remain in abusive relationships and thereby endure 

further violence and extreme cruelty. As long as victims prove they 

are in a valid marriage and were subject to battery or extreme cruelty, it should not matter what law enforcement agents do. 

H.R. 4970 also directs adjudicators to take into consideration 

whether law enforcement declined to investigate a crime reported 

by the petitioner or whether prosecutors failed to pursue charges. 

Decisions about whether to investigate or prosecute particular offenses are based upon numerous factors, such as available resources, priorities, and departmental interest. Requiring adjudicators to essentially draw negative inferences based upon law enforcement decisions that are outside the control of victims will likely result in further harm to such victims. This will especially be the 

case in jurisdictions where domestic violence crimes are typically 

under-investigated and under-prosecuted. 

B. Sections 802 and 806 of the Bill Eliminate Key Provisions of 

Current Law and Strip Crime Victims of Protection and Law 

Enforcement of an Important Crime-Fighting Tool. 

H.R. 4970 weakens and eliminates longstanding protections for 

victims of serious crimes who may receive U visas if they cooperate 

with law enforcement. The bill also ignores the demands of law enforcement personnel who are calling for an increase in the number 

of U visas made available each year. Individually and together, the 

measures in the bill will result in fewer victims coming forward, 

more perpetrators on the street, and greater violence against 

women. 

1. H.R. 4970 Will Reduce Cooperation with Law Enforcement 

and Increase Unreported Violent Crime by Eliminating 

the Ability for U Visa Holders to Apply for Permanent 

Residency. 

Since the creation of the U visa in the 2000 reauthorization of 

VAWA, U visa holders have been authorized to seek permanent 

protection by applying for green cards if they continue to cooperate 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
236 

29 VAWA 2000 § 1513(f). 30 Id. at § 1513(a)(2)(C). 31Markup Transcript at 201–02 (statement of Rep. Smith). 32 VAWA § 1513(a)(2)(C). 33Markup Transcript at 202 (statement of Rep. Smith). 34 INA § 245(j); 8 U.S.C. § 1255(j). 

with law enforcement.29 In that law, Congress explained that one 

purpose behind the creation of the U visa was to ‘‘give[] the Attorney General discretion to convert the status of such nonimmigrants 

to that of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public 

interest.’’ 30 While this provision originally won the overwhelming 

support of nearly all Members of the House and Senate, including 

many current Members of this Committee’s Majority, H.R. 4970 

would eliminate this protection. As such, the bill makes a radical 

retreat from current law. 

The Majority’s explanation for striking this provision in current 

law appears to be based, in part, on several fundamental misunderstandings about the U visa process and immigration law more generally. During the markup, Chairman Smith stated that: 

The U visa was created in order to allow illegal immigrant 

victims of crime to stay temporarily in the U.S. in order 

to assist with the apprehension, investigation and prosecution of their perpetrators. . . . For this purpose temporary 

U visas allow aliens to remain in the United States for 4 

years or longer to assist law enforcement officials, which 

should be more than enough.31

But this account is incomplete. Although Congress did note, in section 1513(a)(2)(B) of the 2000 VAWA reauthorization bill, that one 

purpose behind the U visa was to assist law enforcement and provide ‘‘temporary legal status to aliens who have been severely victimized by criminal activity,’’ Congress also wrote that another purpose was to grant the government discretion to ‘‘convert the status 

of such nonimmigrants to that of permanent residents when doing 

so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest.’’ 32

The Majority also argued for the elimination of U visa holders’ 

ability to obtain permanent residency by drawing a comparison to 

persons awarded so-called ‘‘S’’ visas for serving as informants or 

witnesses in criminal or terrorism cases: 

The temporary S visa program has long been available to 

immigrants who possess critical information needed by law 

enforcement officials to investigate crimes or prosecute 

criminals. There is no provision of permanent residence for 

S visa recipients. Neither should there be for U visa recipients.33

But this also is incorrect. Section 245(j) of the INA actually permits 

S visa recipients to adjust their status to that of a permanent resident if they contribute to criminal or terrorism investigations or 

prosecutions.34

The Majority also attempted to argue that the ability to obtain 

permanent residency somehow reduces the incentive of immigrants 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
237 

35Markup Transcript at 201–02 (statement of Rep. Smith). 36 Compare INA § 101(a)(15)(U)(i)(III) with INA § 245(m)(1). 37Markup Transcript at 202 (statement of Rep. Smith). 38Letter from Pete Helein, Chief, Appleton Wisconsin Police Department, et al., to Rep. Lamar 

Smith and Rep. John Conyers, Jr., at 6 (May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic Staff). 39 Id. at 3. 

to provide an actual benefit to law enforcement officials.35 But the 

ability to obtain permanent residency actually increases the likelihood of cooperation. While the victim of a serious crime may receive a U visa based upon a law enforcement officer’s certification 

that the victim is being or is likely to be helpful, the victim cannot 

subsequently apply for permanent residency if she unreasonably 

failed to assist law enforcement upon receiving the U visa.36 Eliminating the ability of a U visa holder to obtain permanent status 

therefore eliminates the principal incentive that law enforcement 

maintains to ensure further cooperation. 

Moreover, preventing U visa recipients from applying for permanent residency would significantly reduce the number of immigrants agreeing to cooperate in the first place. By eliminating the 

possibility of permanent status, this bill essentially turns the act 

of seeking protection into an act of self-deportation. Without the 

possibility of a permanent solution, we can expect to see a large reduction in the number of victims coming forward, seeking protection, and cooperating with law enforcement. This, in turn, will result in fewer prosecutions and more criminal conduct that endangers women and public safety. 

2. H.R. 4970 Will Take Away a Critical Tool for Enhancing 

Public Safety by Tying the Hands of Law Enforcement in 

Issuing U Visa Certifications. 

Although victims have no control over the actions of law enforcement officials or prosecutors, section 802 of the bill would condition 

the issuance of a U visa on the existence of an active investigation 

or the commencement of a prosecution. The section additionally requires that the victim assist law enforcement in identifying the 

perpetrator of the crime, even if the nature of the crime renders 

the victim unable to assist in this manner. The Majority claims 

these changes are necessary to obtain the cooperation of victims. 

According to the Majority, the ‘‘lack of an actual assistance requirement [in the U visa process] has significantly limited the ability of 

law enforcement officials and prosecutors to solve crimes and prosecute criminals.’’ 37

But law enforcement officials paint an entirely different picture 

of the U visa process and how it is functioning in practice. Eleven 

law enforcement officers wrote to the Committee to explain that 

‘‘[c]urrent VAWA self-petitioning and U-visa protections work to 

protect immigrant victims, save police officers lives and reduce 

crimes in communities across the country by making arrests, criminal investigations, and prosecuting perpetrators for crimes against 

immigrant victims.’’ 38 In contrast, the officers noted that section 

802 of H.R. 4970 ‘‘makes no sense from a criminal justice perspective. It undermines our work and robs us of the tools we need to 

do our jobs.’’ 39


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
238 

40Letter from Chuck Canterbury, National President, National Fraternal Order of Police, to 

Sen. Patrick Leahy, at 1 (Feb. 1, 2012) (on file with the H. Comm. on the Judiciary, Democratic 

Staff). 41Letter from Jon Adler, National President, Federal Law Enforcement Officers Association, 

to Sen. Patrick Leahy and Sen. Charles Grassley, at 1–2 (Jan. 31, 2012) (on file with the H. 

Comm. on the Judiciary, Democratic Staff). 42Letter from David R. Thomas, Johns Hopkins University School of Professional Studies in 

Business and Education, Division of Public Safety Leadership, to Sen. Patrick Leahy and Sen. 

Charles Grassley, at 2 (Jan. 27, 2012) (on file with the H. Comm. on the Judiciary, Democratic 

Staff). 43Letter from Officer Michael P. LaRiviere, to Rep. Lamar Smith and Rep. John Conyers, Jr., 

at 1 (May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic Staff). 

Law enforcement officials solidly support the U visa as a critically important tool for gaining the trust and confidence of immigrant communities and helping to get serious criminals off the 

streets. The following are statements entered into the record demonstrating law enforcement support for the U visa: 

• ‘‘For law enforcement agencies across the country, U visas 

are an invaluable tool that allow law enforcement to do its 

job more effectively and makes it easier to pursue prosecution of criminals.’’ Chuck Canterbury, National President, 

National Fraternal Order of Police. 40

• ‘‘According to the Centers for Disease Control and Prevention, one in four women will experience domestic violence in 

their lifetime. In our proud Land of the Free and Home of 

the Brave, this is unacceptable. . . . U Visas are an essential tool carefully used by law enforcement and tempered 

with great scrutiny. . . . [O]ur unwavering priority is to do 

everything within our means to protect women who are victimized by violent criminals.’’ Jon Adler, National President, 

Federal Law Enforcement Officers Association. 41

• ‘‘The U-Visa must be seen as yet another avenue to helping 

us address some of the most violent criminals in our communities. We aren’t talking petty crimes here like shoplifting or 

vandalism. We are talking about rape, murder and torture 

to name a few. . . . What must be understood is that when 

we don’t address criminal behavior in our communities we 

enable criminal behavior to grow in those same communities.’’ David Thomas, 15-year veteran of the Montgomery 

County Police Department and founder of the Department’s 

Domestic Violence Unit. 42

• ‘‘In 2000, the reauthorization of the Violence Against Women 

Act provided protection to immigrant victims of domestic violence, sexual assault, human trafficking and other dangerous 

crimes. VAWA 2000 strengthened law enforcement’s ability 

to detect, investigate and prosecute violent crimes perpetrated against immigrants. Those of us working the front 

lines know this legislation as a powerful tool that gives us 

the opportunity to keep victims safe and hold violent offenders accountable.’’ Michael LaRiviere, 22-year veteran of the 

Salem (MA) Police Department, 6 years as its Domestic Violence Liaison Officer. 43

• ‘‘I believe in holding perpetrators accountable. The U-visa 

. . . and VAWA self-petitions are excellent crime-fighting 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
239 

44Letter from Sergeant Inspector Antonio Florez, to Rep. Lamar Smith and Rep. John Conyers, Jr., at 1 (May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic Staff). 45Letter from Lieutenant Chris Cole, to Rep. Lamar Smith and Rep. John Conyers, Jr., at 

2 (May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic Staff). 46 VAWA 2000 § 1513(c). 

tools and resources that help to hold perpetrators accountable and assist victims and the community at large.’’ Sergeant Inspector Antonio Flores, 29-year veteran of San Francisco Police Department, 11 years in the Domestic Violence 

Response Unit. 44

• ‘‘Here is just one example of how we have used the U visa 

as a crime-fighting tool in our community. One night, officers 

were called to a report of a domestic assault within our city. 

A male subject had returned home in an intoxicated state. 

He soon became engaged in an argument with his wife and 

subsequently attacked her by grabbing her by the hair and 

dragging her across the bedroom. He then repeatedly 

slammed her head into the headboard of the bed causing injuries to her face and head area. 

‘‘Responding officers found evidence of an assault and 

learned that like many cases of domestic violence, this was 

not the first time that the man attacked the woman. Such 

violence had occurred, before but the woman had never 

called the police. She was afraid that if she called that she 

might be arrested and deported. The only reason the police 

went to the home that night was because a third party had 

called. Officers on the scene arrested the suspect for domestic assault and removed him from the house. 

‘‘Weeks later, I happened to be in the courtroom waiting 

to testify in a case when I saw the perpetrator strutting 

down the hallways laughing and grinning. It was evident; 

this man knew that his wife would not likely testify against 

him. The victim was clearly afraid. She was reluctant to testify against him. The prosecutor was familiar with the Uvisa process and had built a relationship with the victim. 

Through this relationship came trust. That trust ultimately 

convinced the victim to take the stand and testify against 

her attacker. Use of the U-visa in this case allowed us to 

identify, arrest, and prosecute a violent offender that may 

otherwise have ‘flown under the radar’ of law enforcement.’’ 

Lieutenant Chris Cole, 17-year veteran of Storm Lake Iowa 

Police Department. 45

3. H.R. 4970 Ignores the Requests of Law Enforcement to Increase the Number of U Visas Available Annually to Help 

Investigate and Prosecute Dangerous Criminals. 

When Congress created the U visa in the 2000 VAWA reauthorization bill, it capped the number of visas made available each year 

at 10,000.46 But because of a delay in promulgating regulations implementing the statute, not a single visa was issued until fiscal 

year 2009. In each of the past two fiscal years, the 10,000 visa cap 

has been met prior to the end of the fiscal year. State, local, and 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
240 

47Markup Transcript at 225 (statement of Rep. Pierluisi). 48Letter from Pete Helein, Chief, Appleton Wisconsin Police Department, et al., to Rep. Lamar 

Smith and Rep. John Conyers, Jr. 1–2 (May 7, 2012) (on file with the H. Comm. on the Judiciary, Democratic Staff). 49Markup Transcript at 79, 225 (statements of Rep. Smith). 50 Id. at 228–28 (statement of Rep. Lofgren). 

national law enforcement organizations have asked Congress to increase the cap. 

S. 1925, the bipartisan Senate-passed bill, contains a provision 

that ‘‘recaptures’’ U visas that were authorized by law in 2000 but 

never issued. Those recaptured visas are made available to victims 

who need protection but who cannot get it because the cap is currently being reached. The Senate proposal is a very modest change 

to current law and does not increase the overall visa numbers previously authorized by Congress. In fact, because the Senate proposes only to recapture visas dating back to fiscal year 2006, it 

would still leave unused tens of thousands of visas that were originally authorized in October 2000, but were not issued due to bureaucratic delay. 

During the Committee’s consideration of H.R. 4970, Rep. Pedro 

Pierluisi (D-PR) offered an amendment to insert the Senate’s provision to recapture unused U visas into H.R. 4970. Reviewing the 

substantial law enforcement support for the provision, Rep. 

Pierluisi asked the Majority ‘‘whether they have any letters from 

law enforcement officials that oppose this recapture provision, and, 

if not, whether this gives them any pause about whether they are 

doing the right thing here.’’ 47 Rep. Lofgren read into the record a 

portion of a letter from 11 law enforcement officials, who explained 

that: 

The U visa cap of 10,000 was reached in September of 

2011. When the number of requests for certifications exceeds the cap of 10,000, immigrant crime victims are 

forced to wait. Waiting can be dangerous. The delay provides violent criminal offenders, and the friends and families of violent criminal offenders, with the opportunity to 

use physical violence and death threats to convince crime 

victims not to testify. When criminals have additional time 

to terrorize crime victims and convince them not to participate in a criminal investigation or prosecution, more and 

more violent offenders go free. We strongly urge an increase in the number of U-visa’s (sic) granted on an annual 

basis so that more violent criminal offenders can be arrested and held accountable.48

In opposition to Mr. Pierluisi’s amendment, the Majority proffered two arguments. First, Chairman Smith cited a Congressional 

Budget Office estimate concluding that the recapture provision 

could cost taxpayers over $100,000,000 in public benefits and other 

expenses. 49 As Rep. Lofgren noted at the markup, the Senate paid 

for the estimated cost of recapturing U visas by imposing a small 

fee on diversity visa applications.50 As a result, the Senate bill 

would cost taxpayers nothing but would provide law enforcement 

with additional U visas to help get dangerous criminals off our 

streets. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
241 

51 Id. at 225–26 (statement of Rep. Smith). 52William A. Kandel, Immigration Provisions of the Violence Against Women Act (VAWA), 

Congressional Research Service, Apr. 10, 2012 (R42477), at 11 n.66. 53Markup Transcript at 225 (statement of Rep. Pierluisi). 54 Id. at 79 (statement of Rep. Smith). 

Second, Chairman Smith argued that the ‘‘anti-fraud’’ provisions 

in H.R. 4970 ‘‘will actually reduce the demand for these types of 

visas,’’ thus easing pressure on the 10,000 cap.51 But the Majority 

provided no evidence of fraud in the U visa program. The Majority 

cited no studies, reports, or even anecdotal evidence of fraud during 

the markup, and a recent Congressional Research Service (CRS) report states that ‘‘Members of USCIS’ Fraud Detection and National 

Security (FDNS) Directorate . . . had not seen cases of benefit 

fraud using the U visa.’’ 52

The changes in H.R. 4970 may well lead to a reduction in the demand for U visas each year, but not for the reasons suggested by 

the Chairman. Rather, any reduction will likely result from a decrease in the willingness of immigrant crime victims to assist law 

enforcement in the investigation and prosecution of serious offenses. Viewed in this light, the dissenting Members agree with the 

comments of Rep. Pierluisi at the markup that: 

It is difficult to avoid the conclusion that my colleagues on 

the other side of the aisle are so blinded by their anti-immigrant animus that they are willing to abandon what I 

know to be genuine commitment on their part to aiding 

victims of serious crimes and to giving law enforcement 

the tools they need to investigate and prosecute those 

crimes. 53

C. The Majority’s Claim that its Efforts to Weaken and Eliminate 

Existing VAWA Protections are Needed to Combat Fraud is 

Baseless. 

According to the Majority, H.R. 4970’s changes to the VAWA selfpetition and U visa programs are necessary to combat ‘‘fraud and 

abuse.’’ 54 But both programs already have robust anti-fraud protections, and there are no credible studies or reports indicating a significant fraud problem with either program. This should come as 

little surprise, as these immigration programs are among the most 

difficult to defraud. Moreover, despite the draconian changes to 

current VAWA protections made in this bill, the Committee has 

held no oversight hearings on VAWA programs, the existence of 

fraud in those programs, or the need for the measures proposed in 

H.R. 4970. 

1. There is No Evidence of Fraud or Abuse in the U Visa Program. 

The Majority’s suggestion that immigrants are gaming the U 

visa program lacks any evidentiary basis. As noted above, the Majority has held no hearings on the U visa program, and it has not 

presented us with any evidence of fraud in this program. Moreover, 

in September 2011, the CRS conducted a wide-ranging search of 

press reports and legal proceedings and was able to locate only one 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
242 

55William A. Kandel, Immigration Provisions of the Violence Against Women Act (VAWA), 

Congressional Research Service, Apr. 10, 2012 (R42477), at 11 n.66. 56 Id. 57Markup Transcript at 53 (statement of Rep. Lofgren). 58Letter from Jon Adler, National President, Federal Law Enforcement Officers Association, 

to Sen. Patrick Leahy and Sen. Charles Grassley, at 1 (Jan. 31, 2012) (on file with the H. 

Comm. on the Judiciary, Democratic Staff). 59Markup Transcript at 228 (statement of Rep. Pierluisi). 

press story of potential benefit fraud related to the U visa.55 The 

CRS report also noted that ‘‘Members of USCIS’ Fraud Detection 

and National Security (FDNS) Directorate . . . had not seen cases 

of benefit fraud using the U visa.’’ 56

That fraud is rare in the U visa program is due to the requirement for a law enforcement certification. This requirement serves 

as a significant deterrent to fraud as it necessitates contact with 

police officers who must vouch for the veracity of the victim and 

the need for the victim’s cooperation. To obtain a U visa, a crime 

victim must: 

• contact a law enforcement agency; 

• cooperate with the agency in the investigation or prosecution 

of the offense; 

• receive a written certification from a supervisor of the law 

enforcement agency stating that the petitioner has been the 

victim of a serious crime enumerated in statute and has 

been, is being, or is likely to be helpful to the agency; and 

• file a U visa petition with DHS. 

As Rep. Lofgren explained at the markup, ‘‘The protection in the 

system is the certification by the law enforcement officials that [the 

victim] is helpful to the prosecution of crime. If the person is not 

helpful, the certification will not be made, and the U visa will not 

be issued.’’ 57

To believe that the U visa program is fraught with fraud and 

abuse, one would have to believe that either law enforcement personnel are involved in the fraud or that they lack the competence 

to discern whether a serious crime has been committed and whether the victim is of value in the investigation or prosecution of that 

crime. On behalf of its 26,000 members, the Federal Law Enforcement Officers Association observes: ‘‘Law enforcement officers and 

prosecutors don’t hand out U visas like cotton candy. U visas are 

an essential tool carefully used by law enforcement and tempered 

with great scrutiny.’’ 58 In the absence of any oversight hearings to 

explore the issue of fraud, Rep. Pierluisi was justified in asking at 

the markup whether the Majority believes law enforcement officers 

are incapable of handling the U visa certification process.59

2. Evidence of Fraud in the VAWA Self-Petition Program is 

Scant and Comes from Questionable Sources. 

The Majority similarly has no evidence supporting its allegations 

that the VAWA self-petition process is rife with fraud. As with the 

U visa, this Committee held no hearings on the VAWA self-petition 

process and heard from no experts or other witnesses on the subject of fraud. There are no DHS, Government Accountability Office 

(GAO), or other government or credible third-party reports finding 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
243 

60 Information provided by USCIS (Jan. 31, 2012) (on file with the H. Comm. on the Judiciary, 

Democratic Staff). 61 Id. 62 Information provided by USCIS (Jan. 6, 2012) (on file with the H. Comm. on the Judiciary, 

Democratic Staff). 

fraud in the VAWA self-petition process. The only accounts of fraud 

presented by the Majority were anecdotes based largely on statements made by advocates who represent the interests of persons 

found by the government to have abused their spouses. 

Despite the absence of any reliable evidence of fraud in the 

VAWA self-petition process, section 801 of H.R. 4970 would dismantle the highly specialized VAWA Unit at the Vermont Service 

Center. Since 1997, this entity has handled all VAWA self-petitions 

filed nationwide. In lieu of adjudicating self-petitions at a single, 

centralized facility staffed by specially trained personnel, H.R. 4970 

would have such petitions adjudicated at local offices scattered 

throughout the country. Ironically, such a proposal would likely 

lead more fraud, not less. 

The VAWA Unit and members of their specialized Fraud Team 

work to reduce fraud and ensure consistency in the adjudication of 

VAWA self-petitions. Unit adjudicators receive specialized training 

and develop significant expertise in evaluating these cases. Because all VAWA self-petitions nationwide are handled by adjudicators at a single center, the VAWA Unit is able to identify evidence 

and patterns of fraud and abuse that would go unnoticed if the adjudication process was decentralized. 

The Unit has its own Fraud Team, which works closely with 

FDNS fraud detection officers and ICE fraud investigators. Whenever fraud concerns arise, the Unit refers cases to FDNS and ICE 

officers for further investigation. The Unit already reviews and considers all available credible evidence—including the petitioner’s immigration file and any previously filed petitions—and officers can 

and do review information provided directly or indirectly from alleged abusers, though such information must be corroborated if it 

is to be relied upon. The Unit is additionally barred from granting 

benefits if a previous petition was found to have involved marriage 

fraud. 

The current VAWA self-petition process is exceptionally rigorous, 

rendering it more difficult to defraud than most other immigration 

benefit programs. In fiscal year 2011, VAWA Unit adjudicators 

issued Requests for Evidence (RFEs) in 114 percent of cases on average.60 In other words, Unit adjudicators issued at least one RFE 

for every VAWA self-petition reviewed. During the same fiscal 

year, USCIS adjudicators processing regular marriage-based petitions issued RFEs only 17 percent of the time.61

The extra scrutiny paid to the statutory eligibility grounds for a 

VAWA self-petition—which far exceed the statutory eligibility 

grounds for a regular marriage-based petition—is also evident in 

the approval and denial rate for such petitions. Whereas VAWA 

Unit adjudicators deny, on average, 32 percent of all VAWA selfpetitions filed nationwide, only 9 percent of regular marriage-based 

petitions are denied by USCIS adjudicators.62 The suggestion that 

persons who seek to defraud the system choose to do so through 

the VAWA self-petition process is belied by basic facts. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
244 

63See, e.g., Amnesty International, Maze of Injustice: The Failure to Protect Indigenous Women 

from Sexual Violence in the USA (2007) available at http://www.amnesty.org/en/library/asset/ 

AMR51/035/2007/en/cbd28fa9-d3ad-11dd-a329-2146302a8cc6/amr510352007en.pdf. 

D. The Changes to Section 802 Made During the Markup are Extremely Insignificant When Compared to the Remaining Problems with the Immigration Provisions in the Bill. 

During the mark-up, Rep. Ted Poe (R-TX) offered to strike language in the bill that conditioned eligibility for U visa protections 

on a victim notifying law enforcement of the crime within 60 days. 

Rep. Poe’s amendment would have replaced the 60-day requirement with a provision requiring victims to notify law enforcement 

prior to the expiration of the relevant statute of limitations. Rep. 

Melvin Watt (D-NC) offered a second degree amendment that 

would strike both time limitations and restore current law in this 

area. Members from both sides of the aisle joined together to accept 

the amendments and strike both provisions from the original bill. 

The removal of those two provisions from the bill marked a small 

step in the right direction. Sections 801, 802, and 806 of H.R. 4970, 

however, still contain significant provisions that eviscerate longstanding protections for victims of domestic or sexual assault and 

other serious crimes. It is deeply troubling to the undersigned 

Members—many of whom served in Congress when VAWA protections were created and extended with strong bipartisan support— 

that one of the only improvements made to H.R. 4970 during an 

8-hour markup was the removal of two small paragraphs that were 

themselves rollbacks of existing law. 

II. H.R. 4970 FAILS TO ENSURE THAT VAWA PROTECTS

VULNERABLE GROUPS

In addition to rolling back protections for immigrant victims, 

H.R. 4970 fails to protect tribal women and LGBT individuals. Protections for these groups were included in the Senate-passed bill, 

S. 1925, at the request of law enforcement agencies, domestic violence advocates, survivors, and service providers. Rep. Gwen Moore 

(D-WI) included similar provisions in her bill, H.R. 4271. H.R. 

4970, however, fails to contain these protections, leaving gaps in 

service to many deserving victims. 

A. H.R. 4970 excludes provisions that would make Indian women 

safer. 

H.R. 4970 omits key tribal jurisdictional provisions, passed with 

overwhelming support as part of S. 1925, that would ensure equal 

access to justice for Indian women. In particular, H.R. 4970 strips 

sections 904, 905, and 906 of the Senate-passed bill, as well as critical changes to the Tribal Coalition Program that were contained 

in section 902. These provisions were the result of years of government consultations between the U.S. Department of Justice and 

tribal leaders, as well as meetings and coordination with federal 

prosecutors, FBI agents, tribal justice personnel, victim advocates, 

and other key stakeholders. 

The crisis of violence against Native American women is welldocumented.63 Thirty four percent of Native women are raped during their lifetime and 39 percent suffer domestic violence. AdditionVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00244 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
245 

64Department of Justice, Bureau of Justice Statistics, a BJS Statistical Profile, 1992–2002, 

American Indians and Crime, 9 (2004), available at http://bjs.ojp.usdoj.gov/content/pub/pdf/ 

aic02.pdf. This same study found that, on some reservations, Native American women are murdered at a rate more than ten times the national average. 65Tribal Law and Order Act of 2010, Pub. L. No. 111–211, 124 Stat. 2261 (2010). 66Oliphant vs. Suquamish Indian Tribe, 415 U.S. 191 (1978). 

ally, while violence against white and African American victims is 

primarily intra-racial, nearly four in five American Indian victims 

of rape and sexual assault described their offender as white.64 Current law forces tribes to rely exclusively on distant federal or state 

government officials to investigate and prosecute misdemeanor 

crimes of domestic violence committed by non-Indians against Native women. As a result, many cases go uninvestigated and criminals go unpunished. 

Responding to the crisis of violence against all victims, including 

Native women, has been a core principle of VAWA from its inception. While H.R. 4970 fails to address this issue, the Senate-passed 

bill and Rep. Moore’s bill would bolster existing efforts by expanding Federal law enforcement tools and recognizing limited concurrent tribal jurisdiction to investigate, prosecute, convict, and sentence non-Indian persons who assault Indian spouses, intimate 

partners, or dating partners, or who violate protection orders, in 

Indian country. These new provisions further the community-coordinated response model which has been critical to VAWA’s success by recognizing that tribal nations may be best able to address 

violence in their own communities. Neither the United States nor 

any State would lose any criminal jurisdiction as a result. 

Section 904 of both the Senate-passed bill and the Moore bill 

builds on the groundwork laid by Congress in passing the Tribal 

Law and Order Act.65 This Act is based on the premise that tribal 

nations with sufficient resources and authority will best be able to 

address violence in their own communities, and they should be allowed to do so when the necessary procedural protections are established. Extending this jurisdiction in a very narrow set of cases 

over non-Indians who voluntarily and knowingly established significant ties to the tribe is consistent with that approach, responsive to the epidemic of violence experienced by Native women, and 

within the authority of Congress to do. 

Another important tool in reducing violence on tribal land is the 

use of protection orders. Section 905 of the Senate-passed bill and 

the Moore bill clarifies Congress’ intent to recognize that tribal 

courts have full civil jurisdiction to issue and enforce protection orders involving any person, Indian or non-Indian. At least one Federal district court has misinterpreted 18 U.S.C. § 2265(e) and held 

that tribes lack civil jurisdiction to issue and enforce protection orders against certain non-Indians who reside within the reservation.66 That decision erroneously undercuts tribal courts’ ability to 

protect victims and maintain public safety within their communities. Section 905 of the Senate-passed bill and the Moore bill corrects this error and does not alter, diminish, or expand tribal criminal jurisdiction or existing tribal authority to exclude individuals 

from Indian land. 

Despite the acknowledged core principle and purpose of VAWA, 

the Majority refused to include even limited authorization of tribal 

jurisdiction over non-Indian perpetrators of domestic violence. DurVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00245 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
246 

67Markup Transcript at 88 (statement of Rep. Issa). 68 Id. at 90. 69 Id. (statement of Rep. Smith). 70Letter from the Alaska Federation of Natives and the Leadership Conference on Civil and 

Human Rights to Rep. Don Young (D-AK) (May 7, 2012). 

ing the markup of H.R. 4970, the Chairman refused to allow consideration of a substitute amendment offered by Ranking Member 

Conyers, which contained the same tribal provisions as the bipartisan Senate-passed bill. Rather than allow the Committee to work 

its will on this important issue, the Chairman ruled the amendment out of order because some of these provisions were in the jurisdiction of the Natural Resources Committee. While the Chair 

was within his authority under the House rules, he could have exercised his discretion to allow the amendment to proceed. Indeed, 

just moments before the Conyers substitute was considered, the 

Chairman allowed the managers amendment to proceed notwithstanding significant portions that were outside the Judiciary Committee’s jurisdiction. The Chairman’s discretion would have been 

particularly appropriate in this instance because the omission of 

the tribal provisions meant the Natural Resources Committee 

would not have an opportunity to take up the measure, effectively 

foreclosing any opportunity to consider these provisions at any 

point in the process. 

Rep. Darrell Issa (R-CA) also attempted to offer an amendment 

that would have granted limited tribal criminal domestic violence 

jurisdiction over non-Indians, noting that ‘‘there is an important 

issue here about tribal sovereignty and perhaps what one might 

call race discrimination.’’ 67 Again, the Chairman refused to exercise his discretion to allow consideration of the provisions. Before 

withdrawing his amendment, Rep. Issa took issue with the Chair’s 

decision and asked: 

So when we are trying to create better opportunity to deal 

with domestic violence, greater sovereignty by Native 

Americans, we are also dealing with the most fundamental 

point, which I believe is well within this committee’s jurisdiction, if we have protection against discrimination based 

on race, isn’t the current law a clear discrimination between two residents of a reservation simply based on their 

race? 68

The Chairman did not answer Rep. Issa’s question, but instead acknowledged the ‘‘legitimate concern’’ and offered that the issues 

would be considered at ‘‘the appropriate time.’’ 69

In the meantime, the rate of domestic and dating violence perpetrated against Native women by non-Indians will go unabated 

despite the acknowledgment by tribal leaders, police officers and 

prosecutors that ‘‘violence that goes unaddressed with beating after 

beating, each more severe than the last—all too often leads to 

death or severe physical injury.’’ 70

B. H.R. 4970 Does Not Ensure VAWA Protections for LGBT Victims 

While there have been significant advances in the fight to extend 

protections against discrimination and violence to LGBT Americans, there is still much work that needs to be done. Despite efforts 

by Democratic Members of the Committee to include express proVerDate Mar 15 2010 23:03 May 15, 2012 Jkt 019006 PO 00000 Frm 00246 Fmt 6601 Sfmt 6601 E:\HR\OC\HR480P1.XXX HR480P1

ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
247 

71Why It Matters: Rethinking Victim Assistance for Lesbian, Gay, Bisexual, Transgender, and 

Queer Victims of Hate Violence & Intimate Partner Violence, at http://www.avp.org/documents/ 

WhyItMatters.pdf. 72Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected Intimate Partner Violence, 

National Coalition of Anti-Violence Programs (2010), at http://www.avp.org/documents/ 

IPVReportfull-web.pdf, pp. 27–28. 73Markup Transcript at 117 (statement of Rep. Smith); at 256 (statement of Rep. King). 

tections for this vulnerable and underserved population in this 

VAWA reauthorization, Republicans on the Committee consistently 

voted those improvements down. Their primary argument for refusing to ensure protection for the LGBT community is that everyone 

is equally protected under VAWA. This ignores the reality that victims have been denied services based on sexual orientation or gender identity and overlooks the reality that the LGBT community is 

an ‘‘underserved population’’ and should be expressly recognized as 

such under VAWA. 

The National Task Force Coalition took great care to ensure that 

every weakness in past iterations of the VAWA were addressed in 

this year’s reauthorization and their recommendations were adopted on a bipartisan basis by the Senate in S. 1925. Committee Republicans ignored the bipartisan agreements in the Senate. Thus, 

unlike the Senate bill, H.R. 4970 does not include clarifying language that would ensure that service providers, law enforcement 

officials, court personnel and others better serve and support victims who have had difficulty accessing traditional services because 

of their sexual orientation or gender identity. Just as they removed 

language to help minority women of linguistic and culturally specific populations, Committee Republicans similarly omitted Senate 

language protecting victims based on ‘‘sexual orientation or gender 

identity.’’ 

We know that discrimination and unequal treatment still 

abound, including with respect to issues of domestic violence and 

sexual assault. We know that LGBT Americans suffer from these 

crimes just like everyone else,71 and recent studies show that 

LGBT victims face unjust discrimination when accessing services. 

For example, 45% of LGBT victims were turned away when they 

sought help from a domestic violence shelter, according to a 2010 

survey, and nearly 55% were denied orders of protection.72 Service 

providers have gathered numerous stories of LGBT victims who 

were denied assistance or services because of their sexual orientation or gender identity. Despite the clear evidence of the need for 

education, outreach, and basic services for the LGBT community 

with regard to domestic violence, Republicans chose to ignore all of 

these realities, instead suggesting more data is required, rather 

than acting to protect lives through inclusive clarifying language.73

There is evidence that victim assistant providers do not have 

adequate cultural competency to respond to LGBT victimization, 

and that LGBT-specific anti-violence programs are overburdened. 

Ensuring that law enforcement, victims’ services, and anti-violence 

programs include and adequately address the needs of LGBT victims is drastically needed. Clarifying protection under VAWA for 

this underserved community is not affording inappropriate or special treatment to this community. The inclusive language passed on 

a bipartisan vote in the Senate would provide nothing more than 

education and focused outreach, the sorts of programs in place for 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
248 

74Markup Transcript at 95 (statement of Rep. Nadler). 75Letter from Sharon Stapel, Executive Director, New York City Anti-Violence Project, and 

Terra Slavin, Esq., DV Lead Staff, L.A. Gay & Lesbian Center, Attorney National Coalition of 

many other subgroups of Americans. For this reason, Democratic 

members filed several amendments in attempt to correct H.R. 

4970’s failure to include language to ensure the services and protections are extended to the LGBT community. All of these amendments failed on party-line votes. 

First, because H.R. 4970 excludes language from S. 1925 that 

would include ‘‘sexual orientation and gender’’ identity to the services, training, officers, prosecutors, or STOP formula grant program 

under VAWA, Representatives Nadler, Polis, and Quigley offered 

an amendment to add this language. As Rep. Nadler (D-NY) recognized, ‘‘Targeting minority populations who may be being left out 

of traditional services, like LGBT Americans, makes a great deal 

of logical sense. No one should be left behind simply because of how 

they identify themselves or who they love.’’ 74 Rep. Sandy Adams 

(R-FL), the bill’s lead sponsor, questioned why Rep. Nadler felt the 

need to change the STOP grant program to ensure inclusion of 

LGBT-specific services, given the high number of women who are 

the victims of violence. The express inclusion of sexual orientation 

and gender identity would not remove or reduce protections for 

women. It would simply ensure that education and training are 

broadened to ensure that service providers have the background 

needed to serve the specific needs of LGBT victims as well as 

women and other underserved populations. 

Second, Republicans excluded ‘‘sexual orientation and gender 

identity’’ in the definition of ‘‘underserved populations’’ that was included in S. 1925, claiming that if the number of groups identified 

as ‘‘underserved’’ continues to grow, then soon every American will 

be covered, defeating the purpose of identifying vulnerable populations. But extension of protections to a community with a proven 

history of exclusion from the services and protections of VAWA will 

not lead to the inclusion of other communities that have not been 

so excluded. Research and anecdotal evidence show that the LGBT 

community faces hurdles in accessing domestic and sexual violence 

services. The Senate recognized this in adding this community to 

VAWA’s definition of ‘‘underserved populations.’’ In recognition of 

the fact that the LGBT community has been underserved with regard to services and protections from discrimination and violence, 

Representatives Quigley, Polis, and Nadler offered an amendment 

to add them to this definition. 

Committee Republicans objected, claiming that there is no need 

to include this language because there is nothing in current law 

that prevents lesbian, gay, or transgender victims from seeking and 

receiving federally-funded resources and services. This claim is not 

consistent with the evidence, which indicates that there is insufficient outreach to this community and services have been denied 

based on a victim’s sexual orientation or gender identity. A 2-year 

nationwide assessment of providers, law enforcement, court personnel, and victims consistently revealed the need for more training and targeted services to effectively address the needs of the 

LGBT community.75


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
249 

Anti-Violence Programs, to Rep. Lamar Smith and Rep. John Conyers, Jr. (May 3, 2012) (on 

file with the H. Comm. on the Judiciary, Democratic Staff). 76Markup Transcript at 123–24 (statement of Rep. Watt). 77 Id. at 255 (statement of Rep. King). 

Yet Committee Republicans consistently argued that expressly 

including sexual orientation and gender identity language is not 

necessary because the LGBT community is already fully served and 

protected under VAWA. In addition to the evidence showing that 

this is not the case, Rep. Watt also noted that it is: 

Better to be redundant so you repeat something that is unnecessary . . . we would rather be redundant if there is 

any doubt about it than not to have a clear statement in 

our law that all citizens should be treated appropriately by 

police, by prosecutors, by judges, regardless whoever in the 

criminal justice system. 76

Democrats offered a third amendment to restore language that 

over two-thirds of the Senate had included in the nondiscrimination provision of S. 1925. H.R. 4970 prohibits discrimination 

against individuals based on a number of protected characteristics 

but not sexual orientation or gender identity. This leaves lesbian, 

gay, bisexual and transgender victims without the same assurance 

that they will be protected from discrimination in the provision of 

services under VAWA. Representatives Polis, Nadler, Quigley, 

Waters, and Chu offered an amendment that would have added 

sexual orientation and gender identity to the list of protected characteristics, which includes race, color, religion, national original, 

sex, and disability. 

In the simplest of senses, the amendment was a reminder that 

programs funded under VAWA must be provided in a non-discriminatory fashion. Rep. Steve King (R-IA) spoke against the amendment on the ground that ‘‘sexual orientation and gender identity’’ 

should not be within the list of groups protected through the Civil 

Rights Act because ‘‘sexual orientation and gender identity . . . are 

self-professed qualifications . . . and the inclusion under the Civil 

Rights Act is supposed to be a compact way, because they want to 

avoid self-professed claim to whatever the particular benefits or 

protection might have been.’’ 77 This objection appears to be 

grounded in a concern that some individuals might falsely claim 

(‘‘self-profess’’) to be gay, lesbian, bisexual, or transgender in order 

to bring themselves within the protection from discrimination. It is 

not apparent why this concern should extend only to sexual orientation or gender identity, as other protected grounds also may 

not be known to others until an individual self-identifies. Moreover, 

the protection extends to ‘‘actual or perceived’’ race, color, religion, 

national origin, and disability, with the proposal to amend and add 

sexual orientation and gender identity. By protecting individuals 

from discrimination based on someone else’s perception of their 

race, sex, disability, or other protected characteristic, the law focuses on the reason why the service was denied. If the reason was 

an unlawful one, it is prohibited. There simply is no need for anyone to pass some objective (or not ‘‘self-professed’’) test as to their 

race, color, religion, national origin, sex, or disability. The same 

would be true for sexual orientation or gender identity. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
250 

78See Letter from ACLU, FAMM, et al., to Rep. Lamar Smith & Rep. John Conyers, Jr. (May 

7, 2012); Letter from National Association of Criminal Defense Lawyers and National Association of Federal Defenders to Reps. Smith, Conyers, Sensenbrenner, and Scott (May 3, 2012) (on 

file with H. Comm. on the Judiciary, Democratic Staff). 

Throughout the history of the Violence Against Women Act, the 

LGBT community has been told they must wait for the right time 

before they can be assured inclusion in the protections afforded 

through this Act. While Republicans insist VAWA’s protections are 

available to them, the language in H.R. 4970 fails to ensure that 

existing barriers and unjust discrimination based on sexual orientation and gender identity are addressed. 

III. H.R. 4970 CREATES NEW CRIMINAL PENALTIES IMPOSING MANDATORY MINIMUMS AND FEDERAL DEATH PENALTIES WITHOUT ANY

CONSIDERATION OF THE SERIOUSNESS OF THE OFFENSE

Section 1005 of the bill creates two new mandatory minimums: 

1) a new 10-year mandatory minimum for aggravated sexual abuse 

‘‘by force or threat’’ under 18 U.S.C. § 2241(a), and 2) a new 5-year 

mandatory minimum for sexual abuse ‘‘by other means’’ under 18 

U.S.C. § 2241(b). Section 1001 also creates new mandatory minimums. Section 1001 provides that a person convicted of violating 

18 U.S.C. § 2243 (sexual abuse of a minor or ward) would be subject to the penalties under section 2241 if the offense ‘‘would constitute’’ a violation of section 2241 ‘‘if committed in the special maritime and territorial jurisdiction of the United States.’’ These penalties would include the new 5- and 10-year mandatory minimums 

under section 2241(a) and (b), the 30-year mandatory minimum 

under section 2241(c), and the ‘‘life’’ mandatory minimum for a repeat offender under section 2241(c). 

Section 1001 also makes it unlawful, in the course of committing 

an offense under 18 U.S.C. §§ 241–249 (Civil Rights) or 42 U.S.C. 

§ 3631 (Fair Housing Act), to engage in conduct that ‘‘would constitute’’ an offense under Chapter 109A if it had been ‘‘committed 

in the special maritime and territorial jurisdiction of the United 

States,’’ subject to the penalties under the provision of Chapter 

109A that ‘‘would have been violated.’’ Again, these would include 

the new 5- and 10-year mandatory minimums under section 

2241(a) and (b), the 30-year mandatory minimum under § 2241(c), 

and the ‘‘life’’ mandatory minimum for a repeat offender under 

§ 2241(c). 

Rep. Bobby Scott (D-VA) offered an amendment that would have 

removed the 5- and 10-year mandatory minimums for aggravated 

sexual abuse under section 1005 and the 30-year and life mandatory minimums for sexual abuse under section 1001 of the bill. 

Mandatory minimums transfer sentencing authority from judges to 

prosecutors and prevent appropriate individualized sentences.78 As 

Rep. Scott stated at the markup, ‘‘Mandatory minimums are based 

solely on the code section violated, without any consideration for 

the seriousness of the offense, and they remove the sentencing discretion from the Sentencing Commission and the judge. Regardless 

of the role of the offender, the particular crime, the offender’s 

record or lack thereof, or the facts and circumstances in the case, 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
251 

79Markup Transcript at 17–18 (statement of Rep. Scott). 80See, e.g., http://www.deathpenaltyinfo.org/documents/FactSheet.pdf; http://takeaction. 

amnestyusa.org/atf/cf/%7B4abebe75-41bd-4160-91dd-a9e121f0eb0b%7D/DEATHPENALTY 

FACTS-FEBRUARY%202012.PDF; http://www.amnestyusa.org/our-work/issues/death-penalty/usdeath-penalty-facts/death-penalty-and-arbitrariness. 81See Government Accountability Office, Death Penalty Sentencing: Research Indicates Pattern 

of Racial Disparities, GGD-90-57, Feb. 26, 1990. 82http://www.amnestyusa.org/our-work/issues/death-penalty/us-death-penalty-facts/death-penalty-cost; see Richard C. Dieter, On the Front Line: Law Enforcement Views on the Death Penalty, February 1995, available at http://www.deathpenaltyinfo.org/front-line-law-enforcementviews-death-penalty (surveying police chiefs nationwide and finding that fewer than two percent 

viewed the death penalty as an effective way to reduce violent crime). 83http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row. 

the judge has no discretion but to impose mandatory minimums set 

by legislators long before the crime was committed.’’ 79

In addition, Section 1001 of H.R. 4970 creates a new federal 

death penalty provision. As discussed above, Section 1001 would 

make it unlawful, in the course of committing an offense under 18 

U.S.C. §§ 241–249 (Civil Rights) or 42 U.S.C. § 3631 (Fair Housing 

Act), to engage in conduct that ‘‘would constitute’’ an offense under 

Chapter 109A if it had been ‘‘committed in the special maritime 

and territorial jurisdiction of the United States,’’ subject to the penalties under the provision of Chapter 109A that ‘‘would have been 

violated’’, which includes the death penalty under section 2245. 

H.R. 4970 therefore includes a new federal death penalty for committing a sexual abuse crime in the course of committing a civil 

rights or fair housing act offense. 

The death penalty system in the United States is applied in an 

unfair and unjust manner. Whether or not a defendant gets the 

death penalty is largely dependent upon whether he or she is poor, 

the skill of his or her attorneys, the race of the victim, and the region of the country in which the crime took place.80 Minorities are 

much more likely to be executed than white people, especially if the 

victim is white.81 The death penalty is also exorbitantly expensive—far more expensive than alternative sentences—and has no 

public safety benefit.82 Finally, innocent people are too often sentenced to death. Since 1973, 140 people have been released from 

death rows in the United States because of innocence.83

Rep. Scott offered an amendment that would have stricken the 

death penalty provision from the bill. This amendment, however, 

was defeated. 

IV. THE MODEST ENHANCEMENTS IN H.R. 4970 HAVE LITTLE PRACTICAL

EFFECT AND ARE SUBSTANTIALLY OUTWEIGHED BY THE BILL’S MANY

HARMS

The Majority argues that H.R. 4970 makes important changes to 

VAWA that are not found in the Senate-passed bill or Rep. Moore’s 

bill, H.R. 4271. As examples, they specifically cite the bill’s provision increasing grant funding for DNA analysis of backlogged rape 

kits and certain other provisions intended to improve accountability. However, further scrutiny reveals that these modest 

changes do little to actually address any real or perceived problems. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
252 

A. Changes to Rape Kit Grant Funding Will Do Little To Address 

the Backlog 

Although H.R. 4970 directs a greater percentage of funds provided by the Debbie Smith Grant program to be used for analyses 

of DNA rape kits, this reallocation will have very limited practical 

effect. The Debbie Smith Grant program (42 U.S.C. § 14135) currently authorizes grants to eligible states and units of local government to conduct DNA analyses of crime scene samples, including 

samples from rape kits. It also authorizes (among other things) 

grants to carry out (for inclusion in CODIS) DNA analyses of database samples, such as samples from convicted offenders, and grants 

to increase the capacity of state and local government laboratories 

to carry out DNA analyses. All three of these activities are important to DNA backlog reduction. 

The relative priority of these three activities varies with the particular needs of a state or local government. If funds were to be appropriated for the Debbie Smith Grant program, the greater the 

percentage of funds required to be directed to carry out DNA analyses of crime scene samples, the smaller the percentage that could 

be awarded to enhance laboratory capacity to analyze DNA database samples or to fulfill certain other purposes of the program. 

This well could reduce the flexibility of States and local governments to develop solutions to jurisdiction-specific issues and direct 

resources where they may be needed most. Thus, the bill offers little to effectively address the burgeoning DNA backlog. 

B. The Accountability Provisions Are a Solution in Search of Problem. 

The Majority also claims that the bill’s accountability provisions 

are significant improvements to current law. These provisions, 

however, are based on false assumptions. First, the requirement 

that the Justice Department’s Office of Inspector General (OIG) 

audit ten percent of grantees assumes that the OIG has the capacity to handle such a caseload and ignores the likely variations of 

grantee cases and audit issues, some of which can be very time 

consuming. Instead, the OIG should be permitted to continue to 

identify grantees for audit based on a risk assessment rather than 

a flat percentage of total grants. 

Second, the Majority makes certain unsubstantiated assumptions 

about the actual need for increased audit requirements. Since its 

enactment, VAWA has included important reporting and oversight 

requirements both for grantees and for the Justice Department. In 

separate letters addressed to Rep. Poe and Sen. Patrick Leahy (DVT), the Justice Department reported that ‘‘VAWA grants are 

being used effectively for their intended purpose,’’ that ‘‘grant management and grantee record keeping are generally sound,’’ and 

that, when auditing problems arise, they are ‘‘not about waste, 

fraud or abuse, but rather about inadequate accounting and insufficient documentation’’ and are quickly resolved. In addition, where 

there is room for improvement, the Office on Violence Against 

Women has already taken several significant steps by improving 

training for grantees in accounting practices and creating a grant, 

and providing financial management assistance to grant recipients. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
253 

The accountability provisions contained in H.R. 4970 are not improvements to current law and practice. Rather, they are largely a 

solution in search of a problem. The resources required to implement this substantial new audit requirement would be better spent 

on technical assistance and financial training for the hundreds of 

small police departments, courts, and non-profits that are VAWA 

grantees. Instead of criticizing these highly skilled victim service 

providers who may lack sophisticated accounting practices, the Majority should provide them with the means by which they can better serve those whom they assist. 

CONCLUSION

In a departure from nearly 20 years of bipartisan cooperation, 

the Majority has put forward a bill that rolls back important protections for immigrant victims and fails to ensure protection for 

other vulnerable populations such as tribal women and LGBT individuals. While we strongly support reauthorizing the Violence 

Against Women Act, this legislation holds reauthorization hostage 

by including divisive, dangerous, and short-cited provisions that 

will make women less safe. 

We urge our colleagues to join us in standing up for all victims 

of violence and to oppose H.R. 4970. 

JOHN CONYERS, JR. 

HOWARD L. BERMAN. 

JERROLD NADLER. 

ROBERT C. ‘‘BOBBY’’ SCOTT. 

MELVIN L. WATT. 

ZOE LOFGREN. 

SHEILA JACKSON LEE. 

MAXINE WATERS. 

STEVE COHEN. 

HENRY C. ‘‘HANK’’ JOHNSON, JR. 

PEDRO R. PIERLUISI. 

MIKE QUIGLEY. 

JUDY CHU. 

TED DEUTCH. 

LINDA T. SA ́ NCHEZ. 

JARED POLIS. 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
254 

APPENDIX 

ORGANIZATIONS AND INDIVIDUALS OPPOSED TO

KEY PROVISIONS OF H.R. 4970

Advocates for Basic Legal Equality, Inc. 

Advocates for Human Rights 

African Services Committee 

Alachua County Victim Services and Rape Crisis Center 

Alaska Federation of Natives 

American Bar Association 

American Civil Liberties Union 

American Federation of Labor 

American Immigration Lawyers Association 

American Jewish Committee 

Americans for Immigrant Justice 

America’s Voice Education Fund 

Anindita Dasgupta, MA. Doctoral Candidate at the University of 

California, San Diego 

Anita Raj, Ph.D. Professor of Medicine and Global Public Health at 

the University of California, San Diego 

Artemis Justice Center 

ASHA for Women 

Asian American Legal Defense and Education Fund 

Asian & Pacific Islander Institute on Domestic Violence 

Boston University Civil Litigation Program 

Break the Cycle 

Campaign for Community Change 

Canal Alliance 

Captain Maria Alvarenga Watkins, (Retired) Metropolitan Police 

Department, Washington, D.C. 

Casa de Esperanza: National Latin@ Network for Healthy Families 

and Communities 

Casa Esperanza 

Central American Resource Center 

Chief Brian Kyes, Chelsea Police Department, Massachusetts 

Chief Pete Helein, Appleton Wisconsin Police Department 

Christian Community Development Association 

Church World Service 

Clergy and Laity United for Economic Justice 

Colorado Coalition Against Sexual Assault 

Community Action and Human Services Department 

Community Immigration Law Center 

Connecticut Legal Services Inc. 

Cris M. Sullivan, Ph.D., Professor, Ecological/Community Psychology, Associate Chair, Psychology Department 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
255 

Detective Sergeant Robert Mahoney, Peabody Police Department, 

Massachusetts 

Detective Shelli Sonnenberg, Boise Police Department, Idaho 

Detective Stacey Ivie, Alexandria Police Department, Virginia 

Domestic Violence in the African American Community 

DREAM Activist Virginia 

Education Not Deportation Project of the United We Dream Network 

El Rescate Legal Services, Inc. 

Empire Justice Center 

Enlace Comunitario 

Esperanza 

Evangelical Lutheran Church in America 

Evan Stark, Ph.D., MA, MSW, Professor and Director of Public 

Health, School of Public Affairs and Administration, Rutgers 

University-Newark & Chair, Department of Urban Health Administration, UMDNJ–School of Public Health 

FaithAction International House 

Families for Freedom 

Families Against Mandatory Minimums 

Feminist Majority 

Florida Coastal Immigrant Rights Clinic 

Franciscan Action Network 

Fuerza Latina 

Futures Without Violence 

Georgia Latino Alliance for Human Rights 

Giselle Hass, PsyD, Adjunct Professor of Law at Georgetown University Law Center, Center for Applied Legal Studies 

Hebrew Immigrant Aid Society 

Helene Berman, RN, Ph.D., President of the Nursing Network on 

Violence Against Women International 

Human Rights Campaign 

Human Rights Initiative of North Texas 

Human Rights Watch 

Immigrant Defense Project 

Immigrant Law Center of Minnesota 

Immigration Equality 

inMotion, Inc. 

InterCultural Advocacy Institute 

Inter Tribal Council of Arizona 

International Institute of the Bay Area 

Intimate Partner Violence Assistance Clinic University of Florida, 

Levin College of Law 

Jacquelyn Campbell, Ph.D., RN, FAAN, Anna D. Wolf Chair, The 

Johns Hopkins University School of Nursing and National Director, Robert Wood Johnson Foundation Nurse Faculty Scholars 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
256 

Jay G. Silverman, Ph.D. Professor of Medicine and Global Health 

Division of Global Public Health Senior Fellow, Center on Global 

Justice University of California at San Diego, School of Medicine 

Adjunct Associate Professor of Society, Human Development and 

Health Harvard School of Public Health 

Jewish Women International 

Just Neighbors 

Justice For Our Neighbors-Southeastern Michigan 

Kentucky Coalition for Immigrant and Refugee Rights 

La Fe Multi-Ethnic Ministries, Intervarsity Christian Fellowship/ 

USA 

La Jolla Band of Luiseno Indians 

Latin American Coalition 

LatinoJustice PRLDEF 

Leadership Conference of Women Religious 

Legal Aid Society of the Orange County Bar Association, Inc. 

Legal Momentum 

Leslye E. Orloff, J.D. Director, National Immigrant Women’s Advocacy Project, American University Washington College of Law 

Lieutenant Carole Germano, Danvers Police Department, Massachusetts 

Lutheran Immigration and Refugee Service 

Massachusetts Immigrant and Refugee Advocacy Coalition 

Mary Ann Dutton, Ph.D., Professor, Department of Psychiatry, 

Georgetown University Medical Center 

Mennonite Central Committee U.S. 

Minnesota Coalition for Battered Women 

Mountain Crisis Services 

Muslim Public Affairs Council 

Nassau County Coalition Against Domestic Violence 

NAACP Legal Defense and Educational Fund, Inc. 

National Advocacy Center of the Sisters of the Good Shepherd 

National Alliance to End Sexual Violence 

National Asian Pacific American Women’s Forum 

National Association of Criminal Defense Lawyers 

National Association of Evangelicals 

National Association of Federal Defenders 

National Center for Transgender Equality 

National Coalition Against Domestic Violence 

National Coalition of Anti-Violence Programs 

National Coalition on Black Civic Participation 

National Congress of American Indians 

National Congress of American Indians Task Force on Violence 

Against Women 

National Council of Jewish Women 

National Council of Juvenile and Family Court Judges 

National Council of La Raza 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
257 

National Council of Negro Women, Inc. 

National Employment Law Project 

National Hispanic Christian Leadership Conference 

National Immigrant Justice Center 

National Immigration Forum 

National Immigration Law Center 

National Immigration Project of the National Lawyers Guild 

National Latina Institute for Reproductive Health 

National Latino Evangelical Coalition 

National Legal Aid & Defender Association 

National Network to End Domestic Violence 

National Organization for Women Foundation 

National Organization of Sisters of Color Ending Sexual Assault 

National Resource Center on Domestic Violence and the Women of 

Color Network 

National Task Force to End Sexual and Domestic Violence Against 

Women 

Nawal Ammar, PhD, Professor and Dean of the Faculty of Social 

Science and Humanities at the University of Ontario Institute of 

Technology 

NETWORK, A National Catholic Social Justice Lobby 

New Sanctuary Coalition of NYC 

NewBridges Immigrant Resource Center 

Northwest Immigrant Rights Project 

Officer Michael LaRiviere, Salem Police Department, Massachusetts 

Paso del Norte Civil Rights Project 

Pennsylvania Immigration Resource Center 

Political Asylum Immigration Representation Project 

Public Justice Center 

Rachael Rodriguez, Ph.D., Associate Professor in the School of 

Nursing at Edgewood College 

Rainbow Services, Ltd. 

Refugio del Rio Grande 

Rhonda Giger, Prosecutor–City of Bothell, WA 

Rocky Mountain Immigrant Advocacy Network 

Ross Silverman LLP 

Rural Women’s Health Project 

Sargent Shriver National Center on Poverty Law 

Sergeant Inspector Antonio Flores, San Francisco Police Department, California 

Service Employees International Union 

Sisters of Mercy of the Americas 

Sisters of St. Francis of Philadelphia 

Sojourners 

South Asian Americans Leading Together 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS
258 

Stephanie J. Nawyn, Ph.D., Department of Sociology, Michigan 

State University 

Supervising Deputy Sheriff Marcus Bruning, St. Louis County 

Sheriff’s Office, Missouri 

Tahirih Justice Center 

Tapestri, Inc 

The Bridge to Hope 

The Episcopal Church 

The Immigrant Legal Resource Center 

The Kansas/Missouri Dream Alliance 

The Leadership Conference for Civil and Human Rights 

The Sentencing Project 

The Violence Intervention Program 

The William Kellibrew Foundation 

TN Coalition to End Domestic and Sexual Violence 

UC Davis Immigration Law Clinic 

Unitarian Universalist Association of Congregations 

United Methodist Church 

United Migrant Opportunity Services 

UnitedWomen.org 

U.S. Conference of Catholic Bishops 

VIDA Legal Assistance, Inc. 

Virginia Organizing 

Virginia Sexual & Domestic Violence Action Alliance 

Voces Unidas for Justice 

Voices of Men 

Washington Immigration Defense Group 

Washington State Coalition Against 

Willow Creek Community Church 

Women of Color Network 

Women’s Refugee Commission 

Worker Justice Center of New York 

World Evangelical Alliance 

World Relief 

YWCA USA 

Æ 


ebenthall on DSK5SPTVN1PROD with MISCELLANEOUS