II 

Calendar No. 406 

112TH CONGRESS 

2D SESSION H. R. 4970 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2012 

Received; read twice and placed on the calendar 

AN ACT 

To reauthorize the Violence Against Women Act of 1994. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Violence Against 

5 Women Reauthorization Act of 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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. 

Sec. 109. Assistance to victims of sexual assault training programs. 

Sec. 110. Child abuse training programs for judicial personnel and practitioners. 

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 


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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. 

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. 1006. Federal protection orders. 

1 SEC. 3. VAWA DEFINITIONS AND GRANT CONDITIONS. 

2 (a) DEFINITIONS.—Subsection (a) of section 40002 

3 of the Violence Against Women Act of 1994 (42 U.S.C. 

4 13925(a)) is amended— 

5 (1) in paragraph (2), by inserting ‘‘to an 

6 unemancipated minor’’ after ‘‘serious harm’’; 

7 (2) in paragraph (3), by striking ‘‘an organiza8 tion’’ and inserting ‘‘a nonprofit, nongovernmental, 


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1 or tribal organization that serves a specific geo2 graphic community’’; 

3 (3) in paragraph (6) by inserting ‘‘or intimate 

4 partner’’ after ‘‘former spouse’’ and after ‘‘as a 

5 spouse’’; 

6 (4) by amending paragraph (16) to read as fol7 lows: 

8 ‘‘(16) LEGAL ASSISTANCE.—The term ‘legal as9 sistance’— 

10 ‘‘(A) includes assistance to adult and youth 

11 victims of domestic violence, dating violence, 

12 sexual assault, and stalking in— 

13 ‘‘(i) family, tribal, territorial, immi14 gration, employment, administrative agen15 cy, housing matters, campus administrative 

16 or protection or stay away order pro17 ceedings, and other similar matters; and 

18 ‘‘(ii) criminal justice investigations, 

19 prosecutions and post-trial matters (includ20 ing sentencing, parole, and probation) that 

21 impact the victim’s safety and privacy; and 

22 ‘‘(B) may include services and assistance 

23 to victims of domestic violence, dating violence, 

24 sexual assault, or stalking who are also victims 

25 of severe forms of trafficking in persons as deVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 fined by section 103 of the Trafficking Victims 

2 Protection Act of 2000 (22 U.S.C. 7102); 

3 except that intake or referral, without other action, 

4 does not constitute legal assistance.’’. 

5 (5) by amending paragraph (18) to read as fol6 lows: 

7 ‘‘(18) PERSONALLY IDENTIFYING INFORMATION

8 OR PERSONAL INFORMATION.—The term ‘personally 

9 identifying information’ or ‘personal information’ 

10 means individually identifying information for or 

11 about an individual, including information likely to 

12 disclose the location of a victim of domestic violence, 

13 dating violence, sexual assault, or stalking, regard14 less of whether the information is encoded, 

15 encrypted, hashed, or otherwise protected, includ16 ing— 

17 ‘‘(A) a first and last name; 

18 ‘‘(B) a home or other physical address; 

19 ‘‘(C) contact information (including a post20 al, e-mail or Internet protocol address, or tele21 phone or facsimile number); 

22 ‘‘(D) a social security number, driver li23 cense number, passport number, or student 

24 identification number; and 


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1 ‘‘(E) any other information, including date 

2 of birth, racial or ethnic background, or reli3 gious affiliation, that would serve to identify 

4 any individual.’’; 

5 (6) in paragraph (19), by striking ‘‘services’’ 

6 and inserting ‘‘assistance’’; 

7 (7) in paragraph (21)— 

8 (A) in subparagraph (A), by striking ‘‘or’’ 

9 after the semicolon; 

10 (B) in subparagraph (B)(ii), by striking 

11 the period and inserting ‘‘; or’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(C) any federally recognized Indian 

14 tribe.’’; 

15 (8) in paragraph (22)— 

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

17 and 

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

19 ‘‘250,000’’; 

20 (9) by amending paragraph (23) to read as fol21 lows: 

22 ‘‘(23) SEXUAL ASSAULT.—The term ‘sexual as23 sault’ means any nonconsensual sexual act pro24 scribed by Federal, tribal, or State law, including 

25 when the victim lacks capacity to consent.’’; 


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1 (10) by amending paragraph (33) to read as 

2 follows: 

3 ‘‘(33) UNDERSERVED POPULATIONS.—The 

4 term ‘underserved populations’ means populations 

5 who face barriers to accessing and using victim serv6 ices, and includes populations underserved because 

7 of geographic location or religion, underserved racial 

8 and ethnic populations, populations underserved be9 cause of special needs (such as language barriers, 

10 disabilities, alienage status, or age), and any other 

11 population determined to be underserved by the At12 torney General or the Secretary of Health and 

13 Human Services, as appropriate.’’; 

14 (11) by amending paragraph (37) to read as 

15 follows: 

16 ‘‘(37) YOUTH.—The term ‘youth’ means a per17 son who is 11 to 24 years of age.’’; 

18 (12) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(38) ALASKA NATIVE VILLAGE.—The term 

21 ‘Alaska Native village’ has the same meaning given 

22 such term in the Alaska Native Claims Settlement 

23 Act (43 U.S.C. 1601 et seq.). 

24 ‘‘(39) CHILD.—The term ‘child’ means a person 

25 who is under 11 years of age. 


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1 ‘‘(40) CULTURALLY SPECIFIC.—The term ‘cul2 turally specific’ (except when used as part of the 

3 term ‘culturally specific services’) means primarily 

4 composed of racial and ethnic minority groups (as 

5 defined in section 1707(g) of the Public Health 

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

7 ‘‘(41) CULTURALLY SPECIFIC SERVICES.—The 

8 term ‘culturally specific services’ means community9 based services and resources that are culturally rel10 evant and linguistically specific to culturally specific 

11 communities. 

12 ‘‘(42) HOMELESS, HOMELESS INDIVIDUAL, 

13 HOMELESS PERSON.—The terms ‘homeless’, ‘home14 less individual’, and ‘homeless person’— 

15 ‘‘(A) mean an individual who lacks a fixed, 

16 regular, and adequate nighttime residence; and 

17 ‘‘(B) includes— 

18 ‘‘(i) an individual who— 

19 ‘‘(I) is sharing the housing of 

20 other persons due to loss of housing, 

21 economic hardship, or a similar rea22 son; 

23 ‘‘(II) is living in a motel, hotel, 

24 trailer park, or campground due to 


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1 the lack of alternative adequate ac2 commodations; 

3 ‘‘(III) is living in an emergency 

4 or transitional shelter; 

5 ‘‘(IV) is abandoned in a hospital; 

6 or 

7 ‘‘(V) is awaiting foster care 

8 placement; 

9 ‘‘(ii) an individual who has a primary 

10 nighttime residence that is a public or pri11 vate place not designed for or ordinarily 

12 used as a regular sleeping accommodation 

13 for human beings; or 

14 ‘‘(iii) migratory children (as defined in 

15 section 1309 of the Elementary and Sec16 ondary Education Act of 1965; 20 U.S.C. 

17 6399) who qualify as homeless under this 

18 section because the children are living in 

19 circumstances described in this paragraph. 

20 ‘‘(43) POPULATION SPECIFIC ORGANIZATION.— 

21 The term ‘population specific organization’ means a 

22 nonprofit, nongovernmental organization that pri23 marily serves members of a specific underserved 

24 population and has demonstrated experience and exVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 pertise providing targeted services to members of 

2 that specific underserved population. 

3 ‘‘(44) POPULATION SPECIFIC SERVICES.—The 

4 term ‘population specific services’ means victim serv5 ices that— 

6 ‘‘(A) address the safety, health, economic, 

7 legal, housing, workplace, immigration, con8 fidentiality, or other needs of victims of domes9 tic violence, dating violence, sexual assault, or 

10 stalking; and 

11 ‘‘(B) are designed primarily for, and are 

12 targeted to, a specific underserved population. 

13 ‘‘(45) RAPE CRISIS CENTER.—The term ‘rape 

14 crisis center’ means— 

15 ‘‘(A) a nonprofit, nongovernmental, or trib16 al organization that provides intervention and 

17 related assistance, as specified in section 

18 41601(b)(2)(C), to victims of sexual assault 

19 without regard to the age of the victims; or 

20 ‘‘(B) a governmental entity that— 

21 ‘‘(i) is located in a State other than a 

22 Territory; 

23 ‘‘(ii) provides intervention and related 

24 assistance, as specified in section 

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1 sault without regard to the age of the vic2 tims; 

3 ‘‘(iii) is not a law enforcement agency 

4 or other entity that is part of the criminal 

5 justice system; and 

6 ‘‘(iv) offers a level of confidentiality to 

7 victims that is comparable to a nonprofit 

8 entity that provides similar victim services. 

9 ‘‘(46) SEX TRAFFICKING.—The term ‘sex traf10 ficking’ means any conduct proscribed by section 

11 1591 of title 18, United States Code, whether or not 

12 the conduct occurs in interstate or foreign commerce 

13 or within the special maritime and territorial juris14 diction of the United States. 

15 ‘‘(47) TRIBAL COALITION.—The term ‘tribal co16 alition’ means an established nonprofit, nongovern17 mental Indian organization, Alaska Native organiza18 tion, or a Native Hawaiian organization that— 

19 ‘‘(A) provides education, support, and tech20 nical assistance to member Indian service pro21 viders in a manner that enables those member 

22 providers to establish and maintain culturally 

23 appropriate services, including shelter and rape 

24 crisis services, designed to assist Indian women 

25 and the dependents of those women who are 


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1 victims of domestic violence, dating violence, 

2 sexual assault, and stalking; and 

3 ‘‘(B) is comprised of board and general 

4 members that are representative of— 

5 ‘‘(i) the member service providers de6 scribed in subparagraph (A); and 

7 ‘‘(ii) the tribal communities in which 

8 the services are being provided. 

9 ‘‘(48) UNIT OF LOCAL GOVERNMENT.—The 

10 term ‘unit of local government’ means any city, 

11 county, township, town, borough, parish, village, or 

12 other general purpose political subdivision of a 

13 State. 

14 ‘‘(49) VICTIM SERVICES.—The term ‘victim 

15 services’— 

16 ‘‘(A) means services provided to victims of 

17 domestic violence, dating violence, sexual as18 sault, or stalking, including telephonic or web19 based hotlines, legal advocacy, economic advo20 cacy, emergency and transitional shelter, ac21 companiment and advocacy through medical, 

22 civil or criminal justice, immigration, and social 

23 support systems, crisis intervention, short-term 

24 individual and group support services, informa25 tion and referrals, culturally specific services, 


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1 population specific services, and other related 

2 supportive services; and 

3 ‘‘(B) may include services and assistance 

4 to victims of domestic violence, dating violence, 

5 sexual assault, or stalking who are also victims 

6 of severe forms of trafficking in persons as de7 fined by section 103 of the Trafficking Victims 

8 Protection Act of 2000 (22 U.S.C. 7102). 

9 ‘‘(50) VICTIM SERVICE PROVIDER.—The term 

10 ‘victim service provider’ means a nonprofit, non11 governmental or tribal organization or rape crisis 

12 center, including a State sexual assault coalition or 

13 tribal coalition, that— 

14 ‘‘(A) assists domestic violence, dating vio15 lence, sexual assault, or stalking victims, includ16 ing domestic violence shelters, faith-based orga17 nizations, and other organizations; and 

18 ‘‘(B) has a documented history of effective 

19 work concerning domestic violence, dating vio20 lence, sexual assault, or stalking.’’; and 

21 (13) by striking paragraphs (17), (29), and 

22 (36), and then reordering the remaining paragraphs 

23 of such subsection (including the paragraphs added 

24 by paragraph (12) of this subsection) in alphabetical 


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1 order based on the headings of such paragraphs, and 

2 renumbering such paragraphs as so reordered. 

3 (b) GRANTS CONDITIONS.—Subsection (b) of section 

4 40002 of the Violence Against Women Act of 1994 (42 

5 U.S.C. 13925(b)) is amended— 

6 (1) in paragraph (2)— 

7 (A) in subparagraph (B), by amending 

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

9 ‘‘(i) disclose, reveal, or release any 

10 personally identifying information or indi11 vidual information collected in connection 

12 with services requested, utilized, or denied 

13 through grantees’ and subgrantees’ pro14 grams, regardless of whether the informa15 tion has been encoded, encrypted, hashed, 

16 or otherwise protected; or 

17 ‘‘(ii) disclose, reveal, or release indi18 vidual client information without the in19 formed, written, reasonably time-limited 

20 consent of the person (or in the case of an 

21 unemancipated minor, the minor and the 

22 parent or guardian or in the case of legal 

23 incapacity, a court-appointed guardian) 

24 about whom information is sought, wheth25 er for this program or any other Federal, 


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1 State, tribal, or territorial grant program, 

2 except that— 

3 ‘‘(I) consent for release may not 

4 be given by the abuser of the minor, 

5 incapacitated person, or the abuser of 

6 the other parent of the minor; and 

7 ‘‘(II) if a minor or a person with 

8 a legally appointed guardian is per9 mitted by law to receive services with10 out the parent’s or guardian’s con11 sent, such minor or person with a 

12 guardian may release information 

13 without additional consent.’’; 

14 (B) by amending subparagraph (D), to 

15 read as follows: 

16 ‘‘(D) INFORMATION SHARING.— 

17 ‘‘(i) IN GENERAL.—Grantees and sub18 grantees may share— 

19 ‘‘(I) nonpersonally identifying 

20 data in the aggregate regarding serv21 ices to their clients and nonpersonally 

22 identifying demographic information 

23 in order to comply with Federal, 

24 State, tribal, or territorial reporting, 


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1 evaluation, or data collection require2 ments; 

3 ‘‘(II) court-generated information 

4 and law enforcement-generated infor5 mation contained in secure, govern6 mental registries for protection order 

7 enforcement purposes; and 

8 ‘‘(III) law enforcement-generated 

9 and prosecution-generated information 

10 necessary for law enforcement, intel11 ligence, national security, or prosecu12 tion purposes. 

13 ‘‘(ii) LIMITATIONS.—Grantees and 

14 subgrantees may not— 

15 ‘‘(I) require an adult, youth, or 

16 child victim of domestic violence, dat17 ing violence, sexual assault, or stalk18 ing to provide a consent to release his 

19 or her personally identifying informa20 tion as a condition of eligibility for the 

21 services provided by the grantee or 

22 subgrantee; or 

23 ‘‘(II) share any personally identi24 fying information in order to comply 

25 with Federal reporting, evaluation, or 


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1 data collection requirements, whether 

2 for this program or any other Federal 

3 grant program.’’; 

4 (C) by redesignating subparagraph (E) as 

5 subparagraph (F); 

6 (D) by inserting after subparagraph (D) 

7 the following: 

8 ‘‘(E) STATUTORILY MANDATED REPORTS

9 OF ABUSE OR NEGLECT.—Nothing in this para10 graph prohibits a grantee or subgrantee from 

11 reporting suspected abuse or neglect, as those 

12 terms are defined by law, when specifically 

13 mandated by the State or tribe involved.’’; and 

14 (E) by adding at the end the following new 

15 subparagraph: 

16 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

17 ASSURANCES.—Grantees and subgrantees shall 

18 certify their compliance with the confidentiality 

19 and privacy provisions required under this sec20 tion.’’; 

21 (2) by striking paragraph (3) and inserting the 

22 following: 

23 ‘‘(3) APPROVED ACTIVITIES.—In carrying out 

24 the activities under this title, grantees and sub25 grantees may collaborate with and provide informaVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 tion to Federal, State, local, tribal, and territorial 

2 public officials and agencies to develop and imple3 ment policies, and develop and promote State, local, 

4 or tribal legislation or model codes, designed to re5 duce or eliminate domestic violence, dating violence, 

6 sexual assault, and stalking.’’; 

7 (3) in paragraph (7), by inserting at the end 

8 the following: 

9 ‘‘Final reports of such evaluations shall be made 

10 publically available on the website of the disbursing 

11 agency.’’; and 

12 (4) by inserting after paragraph (11) the fol13 lowing: 

14 ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any 

15 grantee or subgrantee providing legal assistance with 

16 funds awarded under this title shall comply with the 

17 eligibility requirements in section 1201(d) of the Vi18 olence Against Women Act of 2000 (42 U.S.C. 

19 3796gg–6(d)). 

20 ‘‘(13) CIVIL RIGHTS.— 

21 ‘‘(A) NONDISCRIMINATION.—No person in 

22 any State shall on the basis of actual or per23 ceived race, color, religion, national origin, sex, 

24 or disability be denied the assistance of, or ex25 cluded from receiving services from, a grantee 


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1 under any program or activity funded in whole 

2 or in part with funds made available under the 

3 Violence Against Women Act of 1994 (title IV 

4 of Public Law 103–322; 108 Stat. 1902), the 

5 Violence Against Women Act of 2000 (division 

6 B of Public Law 106–386; 114 Stat. 1491), the 

7 Violence Against Women and Department of 

8 Justice Reauthorization Act of 2005 (title IX of 

9 Public Law 109–162; 119 Stat. 3080), the Vio10 lence Against Women Reauthorization Act of 

11 2012, or any other program or activity funded 

12 in whole or in part with funds appropriated for 

13 grants, cooperative agreements, and other as14 sistance administered by the Office on Violence 

15 Against Women. 

16 ‘‘(B) REASONABLE ACCOMMODATION.— 

17 Nothing in this paragraph shall prevent consid18 eration of an individual’s gender for purposes of 

19 a program or activity described in subpara20 graph (A) if the grantee involved determines 

21 that gender segregation or gender-specific pro22 gramming is necessary to the essential oper23 ation of such program or activity. In such a 

24 case, alternative reasonable accommodations are 


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1 sufficient to meet the requirements of this para2 graph. 

3 ‘‘(C) APPLICATION.—The provisions of 

4 paragraphs (2) through (4) of section 809(c) of 

5 title I of the Omnibus Crime Control and Safe 

6 Streets Act of 1968 (42 U.S.C. 3789d(c)) shall 

7 apply to violations of subparagraph (A). 

8 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

9 in this paragraph shall be construed, inter10 preted, or applied to supplant, displace, pre11 empt, or otherwise diminish the responsibilities 

12 and liabilities of grantees under other Federal 

13 or State civil rights law, whether statutory or 

14 common.’’. 

15 (c) CONFORMING AMENDMENT.—Section 41403(6) 

16 of the Violence Against Women Act of 1994 (14043e– 

17 2(6)) is amended to read as follows: 

18 ‘‘(6) the terms ‘homeless’, ‘homeless individual’, 

19 and ‘homeless person’ have the meanings given such 

20 terms in section 40002(a);’’. 

21 SEC. 4. ACCOUNTABILITY PROVISIONS. 

22 (a) REQUIREMENT FOR DOJ GRANT APPLICANTS TO

23 INCLUDE CERTAIN INFORMATION ABOUT FEDERAL

24 GRANTS IN DOJ GRANT APPLICATIONS.—Each applicant 

25 for a grant from the Department of Justice shall submit, 


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1 as part of the application for the grant, the following in2 formation: 

3 (1) A list of each Federal grant the applicant 

4 applied for during the one-year period preceding the 

5 date of submission of the application. 

6 (2) A list of each Federal grant the applicant 

7 received during the five-year period preceding the 

8 date of submission of the application. 

9 (b) ENHANCING GRANT EFFICIENCY AND COORDINA10 TION.— 

11 (1) IN GENERAL.—The Attorney General, in 

12 consultation with the Secretary of Health and 

13 Human Services, shall, to the greatest extent prac14 ticable, take actions to further the coordination of 

15 the administration of grants within the Department 

16 of Justice to increase the efficiency of such adminis17 tration. 

18 (2) REPORT.—Not later than 180 days after 

19 the date of the enactment of this Act, the Attorney 

20 General shall submit to the Committee on the Judi21 ciary and the Committee on Appropriations of the 

22 Senate and the Committee on the Judiciary and the 

23 Committee on Appropriations of the House of Rep24 resentatives a report on the actions taken by the At25 torney General under paragraph (1) and the 


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1 progress of such actions in achieving coordination 

2 described in such paragraph. 

3 (c) REQUIRING OFFICE OF AUDIT, ASSESSMENT, 

4 AND MANAGEMENT FUNCTIONS TO APPLY TO VAWA 

5 GRANTS.— 

6 (1) IN GENERAL.—Section 109(b) of the Omni7 bus Crime Control and Safe Streets Act of 1968 is 

8 amended— 

9 (A) by redesignating paragraph (3) as 

10 paragraph (4); and 

11 (B) by inserting after paragraph (2), the 

12 following new paragraph: 

13 ‘‘(3) Any program or activity funded in whole 

14 or in part with funds made available under the Vio15 lence Against Women Act of 1994 (title IV of Public 

16 Law 103–322; 108 Stat. 1902), the Violence 

17 Against Women Act of 2000 (division B of Public 

18 Law 106–386; 114 Stat. 1491), the Violence 

19 Against Women and Department of Justice Reau20 thorization Act of 2005 (title IX of Public Law 109– 

21 162; 119 Stat. 3080), the Violence Against Women 

22 Reauthorization Act of 2012, or any other program 

23 or activity funded in whole or in part with funds ap24 propriated for grants, cooperative agreements, and 


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1 other assistance administered by the Office on Vio2 lence Against Women.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by subsection (a) shall apply with respect to grant 

5 periods beginning on or after the date of the enact6 ment of this Act. 

7 (d) VAWA GRANT ACCOUNTABILITY.—Section 

8 40002 of the Violence Against Women Act of 1994 (42 

9 U.S.C. 13925) is further amended by adding at the end 

10 the following: 

11 ‘‘(c) ACCOUNTABILITY.—All grants awarded under 

12 this title shall be subject to the following accountability 

13 provisions: 

14 ‘‘(1) AUDIT REQUIREMENT.—Beginning in fis15 cal year 2013, and in each fiscal year thereafter, the 

16 Inspector General of the Department of Justice or 

17 the Inspector General of the Department of Health 

18 and Human Services, as applicable, shall conduct an 

19 audit of not fewer than 10 percent of all grantees 

20 under this title to prevent waste, fraud, and abuse 

21 of funds by such grantees. 

22 ‘‘(2) MANDATORY EXCLUSION.—A grantee de23 scribed in paragraph (1) that is found by the Inspec24 tor General of the Department of Justice or the In25 spector General of the Department of Health and 


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1 Human Services, as applicable, to have an unre2 solved audit finding (as defined in paragraph (5)) 

3 shall not be eligible to receive grant funds under this 

4 title during the 2 fiscal years beginning after the 12- 

5 month period described in such paragraph. 

6 ‘‘(3) REIMBURSEMENT.—If an entity is award7 ed grant funds under this title during any period in 

8 which the entity is prohibited from receiving funds 

9 under paragraph (2), the head of the Federal agency 

10 administering a grant program under this title 

11 shall— 

12 ‘‘(A) deposit into the General Fund of the 

13 Treasury an amount equal to the grant funds 

14 that were improperly awarded to the grantee; 

15 and 

16 ‘‘(B) seek to recoup the costs of the repay17 ment to the Fund from the entity that was er18 roneously awarded such grant funds. 

19 ‘‘(4) UNRESOLVED AUDIT FINDING DEFINED.— 

20 In this subsection, the term ‘unresolved audit find21 ing’ means, with respect to a grantee described in 

22 paragraph (1), an audit report finding, statement, or 

23 recommendation by the Inspector General of the De24 partment of Justice or the Inspector General of the 

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1 cable, that the grantee has utilized grant funds for 

2 an unauthorized expenditure or otherwise unallow3 able cost that is not closed or resolved within 12 

4 months from the date of an initial notification of the 

5 finding, statement, or recommendation. 

6 ‘‘(5) NONPROFIT ORGANIZATION REQUIRE7 MENTS.— 

8 ‘‘(A) DEFINITION.—For purposes of this 

9 paragraph, the term ‘nonprofit organization’ 

10 means an organization that is described in sec11 tion 501(c)(3) of the Internal Revenue Code of 

12 1986 and is exempt from taxation under section 

13 501(a) of such Code. 

14 ‘‘(B) PROHIBITION.—The Attorney Gen15 eral shall not award a grant under any grant 

16 program under this title to a nonprofit organi17 zation that holds money in offshore accounts 

18 for the purpose of avoiding paying the tax de19 scribed in section 511(a) of the Internal Rev20 enue Code of 1986. 

21 ‘‘(6) ADMINISTRATIVE EXPENSES.—Unless oth22 erwise explicitly provided in authorizing legislation, 

23 not more than 5.0 percent of the amounts author24 ized to be appropriated under this title may be used 

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1 tive expenses of the Office on Violence Against 

2 Women. 

3 ‘‘(7) CONFERENCE EXPENDITURES.— 

4 ‘‘(A) LIMITATION.—No amounts author5 ized to be appropriated to the Department of 

6 Justice or Department of Health and Human 

7 Services under this title may be used by the At8 torney General, the Secretary of Health and 

9 Human Services, or by any individual or orga10 nization awarded funds under this title, to host 

11 or support any expenditure for conferences, un12 less in the case of the Department of Justice, 

13 the Deputy Attorney General or the appropriate 

14 Assistant Attorney General, or in the case of 

15 the Department of Health and Human Services 

16 the Deputy Secretary, provides prior written 

17 authorization that the funds may be expended 

18 to host or support any expenditure for such a 

19 conference. 

20 ‘‘(B) WRITTEN APPROVAL.—Written au21 thorization under subparagraph (A) shall in22 clude a written estimate of all costs associated 

23 with the conference, including the cost of all 

24 food and beverages, audio/visual equipment, 

25 honoraria for speakers, and any entertainment. 


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1 ‘‘(C) REPORT.—The Deputy Attorney Gen2 eral and Deputy Secretary of Health and 

3 Human Services shall submit an annual report 

4 to the Committee on the Judiciary and the 

5 Committee on Health, Education, Labor, and 

6 Pensions of the Senate and the Committee on 

7 the Judiciary and the Committee on Energy 

8 and Commerce of the House of Representatives 

9 on all conference expenditures approved and de10 nied during the fiscal year for which the report 

11 is submitted. 

12 ‘‘(8) PROHIBITION ON LOBBYING ACTIVITY.— 

13 ‘‘(A) IN GENERAL.—Amounts authorized 

14 to be appropriated under this title may not be 

15 utilized by any grantee or subgrantee to lobby 

16 any representative of the Federal Government 

17 (including the Department of Justice) or a 

18 State, local, or tribal government regarding the 

19 award of grant funding. 

20 ‘‘(B) PENALTY.—If the Attorney General 

21 or the Secretary of Health and Human Serv22 ices, as applicable, determines that any grantee 

23 or subgrantee receiving funds under this title 

24 has violated subparagraph (A), the Attorney 


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1 General or the Secretary of Health and Human 

2 Services, as applicable, shall— 

3 ‘‘(i) require the grantee or subgrantee 

4 to repay such funds in full; and 

5 ‘‘(ii) prohibit the grantee or sub6 grantee from receiving any funds under 

7 this title for not less than 5 years. 

8 ‘‘(9) ANNUAL CERTIFICATION.—Beginning in 

9 the first fiscal year beginning after the date of the 

10 enactment of the Violence Against Women Reau11 thorization Act of 2012, the Assistant Attorney Gen12 eral for the Office of Justice Programs, the Director 

13 of the Office on Violence Against Women, and the 

14 Deputy Secretary for Health and Human Services 

15 shall submit to the Committee on the Judiciary and 

16 the Committee on Appropriations of the Senate and 

17 the Committee on the Judiciary and the Committee 

18 on Appropriations of the House of Representatives a 

19 certification for such year that— 

20 ‘‘(A) all audits issued by the Office of the 

21 Inspector General under paragraph (1) have 

22 been completed and reviewed by the Assistant 

23 Attorney General for the Office of Justice Pro24 grams; 


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1 ‘‘(B) all mandatory exclusions required 

2 under paragraph (2) have been issued; 

3 ‘‘(C) all reimbursements required under 

4 paragraph (3) have been made; and 

5 ‘‘(D) includes a list of any grantees and 

6 subgrantees excluded during the previous year 

7 under paragraph (2).’’. 

8 (e) TRAINING AND RESOURCES FOR VAWA GRANT9 EES.—Section 40002 of the Violence Against Women Act 

10 of 1994 (42 U.S.C. 13925) is further amended— 

11 (1) in the heading, by striking ‘‘AND GRANT

12 PROVISIONS’’ and inserting ‘‘, GRANT PROVI13 SIONS, AND TRAINING AND RESOURCES FOR

14 VAWA GRANTEES’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(d) TRAINING AND RESOURCES FOR VAWA GRANT18 EES.— 

19 ‘‘(1) IN GENERAL.—The Attorney General and 

20 Secretary of Health and Human Services, as appli21 cable, shall— 

22 ‘‘(A) develop standards, protocols, and 

23 sample tools and forms to provide guidance to 

24 grantees and subgrantees under any program or 

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1 nancial record-keeping and accounting practices 

2 required of such grantees and subgrantees as 

3 recipients of funds from the disbursing agency; 

4 ‘‘(B) provide training to such grantees and 

5 subgrantees regarding such standards, proto6 cols, and sample tools and forms; and 

7 ‘‘(C) publish on the public Internet website 

8 of the Office of Violence Against Women infor9 mation to assist such grantees and subgrantees 

10 with compliance with such standards, protocols, 

11 and sample tools and forms. 

12 ‘‘(2) VAWA PROGRAMS AND ACTIVITIES.—For 

13 purposes of paragraph (1), a program or activity de14 scribed in this paragraph is any program or activity 

15 funded in whole or in part with funds made available 

16 under this title, the Violence Against Women Act of 

17 2000 (division B of Public Law 106–386; 114 Stat. 

18 1491), the Violence Against Women and Depart19 ment of Justice Reauthorization Act of 2005 (title 

20 IX of Public Law 109–162; 119 Stat. 3080), the Vi21 olence Against Women Reauthorization Act of 2012, 

22 or any other program or activity funded in whole or 

23 in part with funds appropriated for grants, coopera24 tive agreements, and other assistance administered 

25 by the Office on Violence Against Women.’’. 


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1 SEC. 5. EFFECTIVE DATE. 

2 Except as otherwise specifically provided in this Act, 

3 the provisions of titles I, II, III, IV, VII, and sections 3, 

4 602, 901, and 902 of this Act shall not take effect until 

5 the first day of the fiscal year following the date of enact6 ment of this Act. 

7 TITLE I—ENHANCING JUDICIAL 

8 AND LAW ENFORCEMENT 

9 TOOLS TO COMBAT VIOLENCE 

10 AGAINST WOMEN 

11 SEC. 101. STOP GRANTS. 

12 (a) STOP GRANTS.—Part T of title I of the Omnibus 

13 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

14 3711 et seq.) is amended— 

15 (1) in section 2001(b) (42 U.S.C. 3796gg(b)), 

16 as amended by paragraph (2)— 

17 (A) in the matter preceding paragraph 

18 (1)— 

19 (i) by striking ‘‘equipment’’ and in20 serting ‘‘resources’’; and 

21 (ii) by inserting ‘‘for the protection 

22 and safety of victims,’’ before ‘‘and specifi23 cally,’’; 

24 (B) in paragraph (1), by striking ‘‘sexual 

25 assault’’ and all that follows through ‘‘dating 


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1 violence’’ and inserting ‘‘domestic violence, dat2 ing violence, sexual assault, and stalking’’; 

3 (C) in paragraph (2), by striking ‘‘sexual 

4 assault and domestic violence’’ and inserting 

5 ‘‘domestic violence, dating violence, sexual as6 sault, and stalking’’; 

7 (D) in paragraph (3), by striking ‘‘sexual 

8 assault and domestic violence’’ and inserting 

9 ‘‘domestic violence, dating violence, sexual as10 sault, and stalking, as well as the appropriate 

11 treatment of victims’’; 

12 (E) in paragraph (4)— 

13 (i) by inserting ‘‘, classifying,’’ after 

14 ‘‘identifying’’; and 

15 (ii) by striking ‘‘sexual assault and 

16 domestic violence’’ and inserting ‘‘domestic 

17 violence, dating violence, sexual assault, 

18 and stalking’’; 

19 (F) in paragraph (5)— 

20 (i) by inserting ‘‘and legal assistance’’ 

21 after ‘‘victim services’’; 

22 (ii) by striking ‘‘sexual assault and 

23 domestic violence’’ and inserting ‘‘domestic 

24 violence, dating violence, sexual assault, 

25 and stalking’’; and 


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1 (iii) by striking ‘‘including crimes’’ 

2 and all that follows and inserting ‘‘includ3 ing crimes of domestic violence, dating vio4 lence, sexual assault, and stalking;’’; 

5 (G) by striking paragraph (6) and redesig6 nating paragraphs (7) through (14) as para7 graphs (6) through (13), respectively; 

8 (H) in paragraph (6), as so redesignated 

9 by subparagraph (G), by striking ‘‘sexual as10 sault and domestic violence’’ and inserting ‘‘do11 mestic violence, dating violence, sexual assault, 

12 and stalking’’; 

13 (I) in paragraph (7), as so redesignated by 

14 subparagraph (G), by striking ‘‘and dating vio15 lence’’ and inserting ‘‘dating violence, and 

16 stalking’’; 

17 (J) in paragraph (9), as so redesignated by 

18 subparagraph (G)— 

19 (i) by striking ‘‘domestic violence or 

20 sexual assault’’ and inserting ‘‘domestic vi21 olence, dating violence, sexual assault, or 

22 stalking’’; and 

23 (ii) by striking ‘‘such violence or as24 sault’’ and inserting ‘‘such violence, as25 sault, or stalking’’; 


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1 (K) in paragraph (12), as so redesignated 

2 by subparagraph (G)— 

3 (i) in subparagraph (A), by striking 

4 ‘‘triage protocols to ensure that dangerous 

5 or potentially lethal cases are identified 

6 and prioritized’’ and inserting ‘‘the use of 

7 evidence-based indicators to assess the risk 

8 of domestic and dating violence homicide 

9 and prioritize dangerous or potentially le10 thal cases’’; and 

11 (ii) in subparagraph (D), by striking 

12 ‘‘and’’ at the end; 

13 (L) in paragraph (13), as so redesignated 

14 by subparagraph (G)— 

15 (i) in the matter preceding subpara16 graph (A)— 

17 (I) by striking ‘‘to provide’’ and 

18 inserting ‘‘providing’’; 

19 (II) by striking ‘‘nonprofit non20 governmental’’; and 

21 (III) by striking the comma after 

22 ‘‘local governments’’; 

23 (ii) by inserting ‘‘and’’ after the semi24 colon in subparagraph (B); and 


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1 (iii) by striking the period at the end 

2 of subparagraph (C) and inserting a semi3 colon; 

4 (M) by inserting after paragraph (13), as 

5 so redesignated by subparagraph (G), the fol6 lowing: 

7 ‘‘(14) developing and promoting State, local, or 

8 tribal legislation and policies that enhance best prac9 tices for responding to domestic violence, dating vio10 lence, sexual assault, and stalking; 

11 ‘‘(15) developing, implementing, or enhancing 

12 Sexual Assault Response Teams, or other similar co13 ordinated community responses to sexual assault; 

14 ‘‘(16) developing and strengthening policies, 

15 protocols, best practices, and training for law en16 forcement agencies and prosecutors relating to the 

17 investigation and prosecution of sexual assault cases 

18 and the appropriate treatment of victims; 

19 ‘‘(17) developing, enlarging, or strengthening 

20 programs addressing sexual assault against men, 

21 women, and youth in correctional and detention set22 tings; 

23 ‘‘(18) identifying and conducting inventories of 

24 backlogs of sexual assault evidence collection kits 

25 and developing protocols and policies for responding 


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1 to and addressing such backlogs, including protocols 

2 and policies for notifying and involving victims; and 

3 ‘‘(19) with not more than 5 percent of the total 

4 amount allocated to a State for this part, developing, 

5 enhancing, or strengthening prevention and edu6 cational programming to address domestic violence, 

7 dating violence, sexual assault, or stalking.’’; and 

8 (N) in the flush text at the end, by strik9 ing ‘‘paragraph (14)’’ and inserting ‘‘paragraph 

10 (13)’’; 

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

12 (A) in subsection (a), by striking ‘‘non13 profit nongovernmental victim services pro14 grams’’ and inserting ‘‘victim service pro15 viders’’; 

16 (B) in subsection (b)(6), by striking ‘‘(not 

17 including populations of Indian tribes)’’; 

18 (C) in subsection (c)— 

19 (i) by amending paragraph (2) to read 

20 as follows: 

21 ‘‘(2) grantees and subgrantees shall develop a 

22 plan for implementation and may consult and co23 ordinate with— 

24 ‘‘(A) the State sexual assault coalition; 

25 ‘‘(B) the State domestic violence coalition; 


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1 ‘‘(C) the law enforcement entities within 

2 the State; 

3 ‘‘(D) prosecution offices; 

4 ‘‘(E) State and local courts; 

5 ‘‘(F) tribal governments or tribal coalitions 

6 in those States with State or federally recog7 nized Indian tribes; 

8 ‘‘(G) representatives from underserved 

9 populations; 

10 ‘‘(H) victim service providers; 

11 ‘‘(I) population specific organizations; and 

12 ‘‘(J) other entities that the State or the 

13 Attorney General identifies as necessary for the 

14 planning process;’’; 

15 (ii) by redesignating paragraphs (3) 

16 and (4) as paragraphs (4) and (5), respec17 tively; 

18 (iii) by inserting after paragraph (2) 

19 the following: 

20 ‘‘(3) grantees shall coordinate the State imple21 mentation plan described in paragraph (2) with the 

22 State plans described in section 307 of the Family 

23 Violence Prevention and Services Act (42 U.S.C. 

24 10407) and the plans described in the Victims of 

25 Crime Act of 1984 (42 U.S.C. 10601 et seq.) and 


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1 section 393A of the Public Health Service Act (42 

2 U.S.C. 280b–1b); and’’; and 

3 (iv) in paragraph (4), as so redesig4 nated by clause (ii)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘and not less than 25 percent 

7 shall be allocated for prosecutors’’; 

8 (II) by redesignating subpara9 graphs (B) and (C) as subparagraphs 

10 (D) and (E); 

11 (III) by inserting after subpara12 graph (A), the following: 

13 ‘‘(B) not less than 25 percent shall be allo14 cated for prosecutors; 

15 ‘‘(C) for each fiscal year beginning on or 

16 after the date that is 2 years after the date of 

17 enactment of the Violence Against Women Re18 authorization Act of 2012, not less than 20 per19 cent shall be allocated for programs or projects 

20 that meaningfully address sexual assault, in21 cluding stranger rape, acquaintance rape, alco22 hol or drug-facilitated rape, and rape within the 

23 context of an intimate partner relationship;’’; 

24 and 


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1 (IV) in subparagraph (E), as so 

2 redesignated by subclause (II), by 

3 striking ‘‘; and’’ and inserting a pe4 riod; 

5 (D) by amending subsection (d) to read as 

6 follows: 

7 ‘‘(d) APPLICATION REQUIREMENTS.—An application 

8 for a grant under this part shall include— 

9 ‘‘(1) the certifications of qualification required 

10 under subsection (c); 

11 ‘‘(2) proof of compliance with the requirements 

12 for the payment of forensic medical exams and judi13 cial notification, described in section 2010; 

14 ‘‘(3) proof of compliance with the requirements 

15 for paying fees and costs relating to domestic vio16 lence and protection order cases described in section 

17 2011; 

18 ‘‘(4) proof of compliance with the requirements 

19 prohibiting polygraph examinations of victims of sex20 ual assault described in section 2013; 

21 ‘‘(5) an implementation plan required under 

22 subsection (i); and 

23 ‘‘(6) any other documentation that the Attorney 

24 General may require.’’; 

25 (E) in subsection (e)— 


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1 (i) in paragraph (2)— 

2 (I) in subparagraph (A), by strik3 ing ‘‘domestic violence and sexual as4 sault’’ and inserting ‘‘domestic vio5 lence, dating violence, sexual assault, 

6 and stalking’’; and 

7 (II) in subparagraph (D), by 

8 striking ‘‘linguistically and’’; and 

9 (ii) by adding at the end the fol10 lowing: 

11 ‘‘(3) CONDITIONS.—In disbursing grants under 

12 this part, the Attorney General may impose reason13 able conditions on grant awards disbursed after the 

14 date of enactment of the Violence Against Women 

15 Reauthorization Act of 2012 to ensure that the 

16 States meet statutory, regulatory, and other pro17 grams requirements.’’; 

18 (F) in subsection (f), by striking the period 

19 at the end and inserting ‘‘, except that, for pur20 poses of this subsection, the costs of the 

21 projects for victim services or tribes for which 

22 there is an exemption under section 

23 40002(b)(1) of the Violence Against Women 

24 Act of 1994 (42 U.S.C. 13925(b)(1)) shall not 


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1 count toward the total costs of the projects.’’; 

2 and 

3 (G) by adding at the end the following: 

4 ‘‘(i) IMPLEMENTATION PLANS.—A State applying for 

5 a grant under this part shall— 

6 ‘‘(1) develop an implementation plan in con7 sultation with representatives of the entities listed in 

8 subsection (c)(2), that identifies how the State will 

9 use the funds awarded under this part; and 

10 ‘‘(2) submit to the Attorney General as part of 

11 the application submitted in accordance with sub12 section (d)— 

13 ‘‘(A) the implementation plan developed 

14 under paragraph (1); 

15 ‘‘(B) documentation from each member of 

16 the planning committee with respect to the 

17 member’s participation in the planning process; 

18 ‘‘(C) documentation from the prosecution, 

19 law enforcement, court, and victim services pro20 grams to be assisted, describing— 

21 ‘‘(i) the need for the grant funds; 

22 ‘‘(ii) the intended use of the grant 

23 funds; 

24 ‘‘(iii) the expected result of the grant 

25 funds; and 


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1 ‘‘(iv) the demographic characteristics 

2 of the populations to be served, including 

3 age, disability, race, ethnicity, and lan4 guage background; 

5 ‘‘(D) a description of how the State will 

6 ensure that any subgrantees will consult with 

7 victim service providers during the course of de8 veloping their grant applications to ensure that 

9 the proposed activities are designed to promote 

10 the safety, confidentiality, and economic inde11 pendence of victims; 

12 ‘‘(E) demographic data on the distribution 

13 of underserved populations within the State and 

14 a description of how the State will meet the 

15 needs of underserved populations, including the 

16 minimum allocation for population specific serv17 ices required under subsection (c)(4)(C); 

18 ‘‘(F) a description of how the State plans 

19 to meet the requirements pursuant to regula20 tions issued under subsection (e)(2); 

21 ‘‘(G) goals and objectives for reducing do22 mestic and dating violence-related homicides 

23 within the State; and 

24 ‘‘(H) any other information requested by 

25 the Attorney General. 


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1 ‘‘(j) REALLOCATION OF FUNDS.—A State may use 

2 any returned or remaining funds for any authorized pur3 pose under this part if— 

4 ‘‘(1) funds from a subgrant awarded under this 

5 part are returned to the State; or 

6 ‘‘(2) the State does not receive sufficient eligi7 ble applications to award the full funding within the 

8 allocations under subsection (c)(4).’’; 

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

10 (A) in subsection (a), by amending para11 graph (1) to read as follows: 

12 ‘‘(1) IN GENERAL.—A State, Indian tribal gov13 ernment, or unit of local government shall not be en14 titled to funds under this subchapter unless the 

15 State, Indian tribal government, unit of local govern16 ment, or another governmental entity— 

17 ‘‘(A) incurs the full out-of-pocket cost of 

18 forensic medical exams described in subsection 

19 (b) for victims of sexual assault; and 

20 ‘‘(B) coordinates with health care providers 

21 in the region to notify victims of sexual assault 

22 of the availability of rape exams at no cost to 

23 the victims.’’; 

24 (B) in subsection (b)— 


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1 (i) in paragraph (1), by inserting ‘‘or’’ 

2 after the semicolon; 

3 (ii) in paragraph (2), by striking ‘‘; 

4 or’’ and inserting a period; and 

5 (iii) by striking paragraph (3); 

6 (C) in subsection (c), by striking ‘‘, except 

7 that such funds’’ and all that follows and in8 serting a period; and 

9 (D) by amending subsection (d) to read as 

10 follows: 

11 ‘‘(d) NONCOOPERATION.— 

12 ‘‘(1) IN GENERAL.—To be in compliance with 

13 this section, a State, Indian tribal government, or 

14 unit of local government shall comply with sub15 section (b) without regard to whether the victim par16 ticipates in the criminal justice system or cooperates 

17 with law enforcement. 

18 ‘‘(2) COMPLIANCE PERIOD.—States, territories, 

19 and Indian tribal governments shall have 3 years 

20 from the date of enactment of the Violence Against 

21 Women Reauthorization Act of 2012 to come into 

22 compliance with this subsection.’’; and 

23 (4) in section 2011(a)(1) (42 U.S.C. 3796gg– 

24 5(a)(1))— 


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1 (A) by inserting ‘‘modification, enforce2 ment, dismissal,’’ after ‘‘registration,’’ each 

3 place it appears; and 

4 (B) by striking ‘‘domestic violence, stalk5 ing, or sexual assault’’ and inserting ‘‘domestic 

6 violence, dating violence, sexual assault, or 

7 stalking’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 1001(a)(18) of title I of the Omnibus Crime Control and 

10 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)), is 

11 amended by striking ‘‘$225,000,000 for each of fiscal 

12 years 2007 through 2011’’ and inserting ‘‘$222,000,000 

13 for each of fiscal years 2013 through 2017’’. 

14 SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND 

15 ENFORCEMENT OF PROTECTION ORDERS. 

16 (a) IN GENERAL.—Part U of title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

18 3796hh et seq.) is amended— 

19 (1) in section 2101 (42 U.S.C. 3796hh)— 

20 (A) in subsection (b)— 

21 (i) in the matter preceding paragraph 

22 (1), by striking ‘‘States,’’ and all that fol23 lows through ‘‘units of local government’’ 

24 and inserting ‘‘grantees’’; 


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1 (ii) in paragraph (1), by inserting 

2 ‘‘and enforcement of protection orders 

3 across State and tribal lines’’ before the 

4 period; 

5 (iii) in paragraph (2), by striking 

6 ‘‘and training in police departments to im7 prove tracking of cases’’ and inserting 

8 ‘‘data collection systems, and training in 

9 police departments to improve tracking of 

10 cases and classification of complaints’’; 

11 (iv) in paragraph (4), by inserting 

12 ‘‘and provide the appropriate training and 

13 education about domestic violence, dating 

14 violence, sexual assault, and stalking’’ after 

15 ‘‘computer tracking systems’’; 

16 (v) in paragraph (5), by inserting 

17 ‘‘and other victim services’’ after ‘‘legal ad18 vocacy service programs’’; 

19 (vi) in paragraph (6), by striking 

20 ‘‘judges’’ and inserting ‘‘Federal, State, 

21 tribal, territorial, and local judges, and 

22 court-based and court-related personnel’’; 

23 (vii) in paragraph (8), by striking 

24 ‘‘and sexual assault’’ and inserting ‘‘, dat25 ing violence, sexual assault, and stalking’’; 


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1 (viii) in paragraph (10), by striking 

2 ‘‘non-profit, non-governmental victim serv3 ices organizations,’’ and inserting ‘‘victim 

4 service providers, population specific orga5 nizations,’’; and 

6 (ix) by adding at the end the fol7 lowing: 

8 ‘‘(14) To develop and implement training pro9 grams for prosecutors and other prosecution-related 

10 personnel regarding best practices to ensure offender 

11 accountability, victim safety, and victim consultation 

12 in cases involving domestic violence, dating violence, 

13 sexual assault, and stalking. 

14 ‘‘(15) To develop or strengthen policies, proto15 cols, and training for law enforcement officers, pros16 ecutors, and the judiciary in recognizing, inves17 tigating, and prosecuting instances of domestic vio18 lence, dating violence, sexual assault, and stalking. 

19 ‘‘(16) To develop and promote State, local, or 

20 tribal legislation and policies that enhance best prac21 tices for responding to the crimes of domestic vio22 lence, dating violence, sexual assault, and stalking, 

23 including the appropriate treatment of victims. 

24 ‘‘(17) To develop, implement, or enhance sexual 

25 assault nurse examiner programs or sexual assault 


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1 forensic examiner programs, including the hiring 

2 and training of such examiners. 

3 ‘‘(18) To develop, implement, or enhance Sex4 ual Assault Response Teams or similar coordinated 

5 community responses to sexual assault. 

6 ‘‘(19) To develop and strengthen policies, proto7 cols, and training for law enforcement officers and 

8 prosecutors regarding the investigation and prosecu9 tion of sexual assault cases and the appropriate 

10 treatment of victims of sexual assault. 

11 ‘‘(20) To provide the following human immuno12 deficiency virus services for victims of sexual assault: 

13 ‘‘(A) Testing. 

14 ‘‘(B) Counseling. 

15 ‘‘(C) Prophylaxis. 

16 ‘‘(21) To identify and inventory backlogs of sex17 ual assault evidence collection kits and to develop 

18 protocols for responding to and addressing such 

19 backlogs, including policies and protocols for noti20 fying and involving victims. 

21 ‘‘(22) To develop multidisciplinary high-risk 

22 teams focusing on reducing domestic violence and 

23 dating violence homicides by— 


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1 ‘‘(A) using evidence-based indicators to as2 sess the risk of homicide and link high-risk vic3 tims to immediate crisis intervention services; 

4 ‘‘(B) identifying and managing high-risk 

5 offenders; and 

6 ‘‘(C) providing ongoing victim advocacy 

7 and referrals to comprehensive services includ8 ing legal, housing, health care, and economic 

9 assistance.’’; 

10 (B) in subsection (c)— 

11 (i) in paragraph (1)— 

12 (I) in the matter preceding sub13 paragraph (A), by inserting ‘‘except 

14 for a court,’’ before ‘‘certify’’; and 

15 (II) by redesignating subpara16 graphs (A) and (B) as clauses (i) and 

17 (ii), respectively, and adjusting the 

18 margin accordingly; 

19 (ii) in paragraph (2), by inserting 

20 ‘‘except for a court,’’ before ‘‘dem21 onstrate’’; 

22 (iii) in paragraph (4)— 

23 (I) by inserting ‘‘modification, 

24 enforcement, dismissal,’’ after ‘‘reg25 istration,’’ each place it appears; 


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1 (II) by inserting ‘‘dating vio2 lence,’’ after ‘‘domestic violence,’’; and 

3 (III) by striking ‘‘and’’ at the 

4 end; 

5 (iv) in paragraph (5)— 

6 (I) in the matter preceding sub7 paragraph (A), by striking ‘‘, not later 

8 than 3 years after the date of enact9 ment of this section,’’; 

10 (II) by redesignating subpara11 graphs (A) and (B) as clauses (i) and 

12 (ii), respectively, and adjusting the 

13 margin accordingly; 

14 (III) in clause (ii), as redesig15 nated by subclause (II) of this clause, 

16 by striking ‘‘subparagraph (A)’’ and 

17 inserting ‘‘clause (i)’’; and 

18 (IV) by striking the period at the 

19 end and inserting ‘‘; and’’; 

20 (v) by redesignating paragraphs (1) 

21 through (5), as amended by this subpara22 graph, as subparagraphs (A) through (E), 

23 respectively, and adjusting the margin ac24 cordingly; 


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1 (vi) in the matter preceding subpara2 graph (A), as redesignated by clause (v) of 

3 this subparagraph— 

4 (I) by striking the second 

5 comma; and 

6 (II) by striking ‘‘grantees are 

7 States’’ and inserting the following: 

8 ‘‘grantees are— 

9 ‘‘(1) States’’; and 

10 (vii) by adding at the end the fol11 lowing: 

12 ‘‘(2) a State, tribal, or territorial domestic vio13 lence or sexual assault coalition or a victim service 

14 provider that partners with a State, Indian tribal 

15 government, or unit of local government that cer16 tifies that the State, Indian tribal government, or 

17 unit of local government meets the requirements 

18 under paragraph (1).’’; 

19 (C) in subsection (d)— 

20 (i) in paragraph (1)— 

21 (I) in the matter preceding sub22 paragraph (A), by inserting ‘‘, policy,’’ 

23 after ‘‘law’’; and 

24 (II) in subparagraph (A), by in25 serting ‘‘and the defendant is in cusVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 tody or has been served with the in2 formation or indictment’’ before the 

3 semicolon; and 

4 (ii) in paragraph (2), by striking ‘‘it’’ 

5 and inserting ‘‘its’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.—Of the 

8 amounts appropriated for purposes of this part for each 

9 fiscal year, not less than 5 percent shall be available for 

10 grants under section 2001(d) of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)). 

12 ‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of the 

13 amounts appropriated for purposes of this part for each 

14 fiscal year, not less than 25 percent shall be available for 

15 projects that address sexual assault, including stranger 

16 rape, acquaintance rape, alcohol or drug-facilitated rape, 

17 and rape within the context of an intimate partner rela18 tionship.’’; and 

19 (2) in section 2102(a) (42 U.S.C. 3796hh– 

20 1(a))— 

21 (A) in paragraph (1), by inserting ‘‘court,’’ 

22 after ‘‘tribal government,’’; and 

23 (B) in paragraph (4), by striking ‘‘non24 profit, private sexual assault and domestic vio25 lence programs’’ and inserting ‘‘victim service 


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1 providers and, as appropriate, population spe2 cific organizations’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 1001(a)(19) of title I of the Omnibus Crime Control and 

5 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is 

6 amended— 

7 (1) by striking ‘‘$75,000,000’’ and all that fol8 lows through ‘‘2011’’ and inserting ‘‘$73,000,000 

9 for each of fiscal years 2013 through 2017’’; and 

10 (2) by striking the second period. 

11 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

12 Section 1201 of the Violence Against Women Act of 

13 2000 (42 U.S.C. 3796gg–6) is amended— 

14 (1) in subsection (a)— 

15 (A) in the first sentence, by striking ‘‘aris16 ing as a consequence of’’ and inserting ‘‘relat17 ing to or arising out of’’; and 

18 (B) in the second sentence, by inserting 

19 ‘‘or arising out of’’ after ‘‘relating to’’; 

20 (2) in subsection (b)— 

21 (A) in the heading, by inserting ‘‘AND

22 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; 

23 and 

24 (B) by inserting ‘‘and grant conditions’’ 

25 after ‘‘definitions’’; 


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1 (3) in subsection (c)— 

2 (A) in paragraph (1), by striking ‘‘victim 

3 services organizations’’ and inserting ‘‘victim 

4 service providers’’; and 

5 (B) by striking paragraph (3) and insert6 ing the following: 

7 ‘‘(3) to implement, expand, and establish efforts 

8 and projects to provide competent, supervised pro 

9 bono legal assistance for victims of domestic vio10 lence, dating violence, sexual assault, or stalking.’’; 

11 (4) in subsection (d)— 

12 (A) in paragraph (1), by striking ‘‘sub13 section (c) has completed’’ and all that follows 

14 and inserting the following: ‘‘this section— 

15 ‘‘(A) has demonstrated expertise in pro16 viding legal assistance or advocacy to victims of 

17 domestic violence, dating violence, sexual as18 sault, or stalking in the targeted population; or 

19 ‘‘(B)(i) is partnered with an entity or per20 son that has demonstrated expertise described 

21 in subparagraph (A); and 

22 ‘‘(ii) has completed, or will complete, train23 ing in connection with domestic violence, dating 

24 violence, stalking, or sexual assault and related 

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1 based risk factors for domestic and dating vio2 lence homicide;’’; and 

3 (B) in paragraph (2), by striking ‘‘stalking 

4 organization’’ and inserting ‘‘stalking victim 

5 service provider’’; and 

6 (5) in subsection (f)— 

7 (A) in paragraph (1), by striking ‘‘this sec8 tion’’ and all that follows through the period at 

9 the end and inserting ‘‘this section $57,000,000 

10 for each of fiscal years 2013 through 2017.’’; 

11 and 

12 (B) in paragraph (2), by adding at the end 

13 the following new subparagraph: 

14 ‘‘(D) Of the amount made available under 

15 this subsection in each fiscal year, not more 

16 than 10 percent may be used for purposes de17 scribed in subsection (c)(3).’’. 

18 SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMI19 LIES IN THE JUSTICE SYSTEM. 

20 (a) IN GENERAL.—Title III of division B of the Vic21 tims of Trafficking and Violence Protection Act of 2000 

22 (Public Law 106–386; 114 Stat. 1509) is amended by 

23 striking the section preceding section 1302 (42 U.S.C. 

24 10420), as amended by section 306 of the Violence 

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1 tion Act of 2005 (Public Law 109–162; 119 Stat. 3016), 

2 and inserting the following: 

3 ‘‘SEC. 1301. COURT TRAINING AND SUPERVISED VISITATION 

4 IMPROVEMENTS. 

5 ‘‘(a) IN GENERAL.—The Attorney General may make 

6 grants to States, units of local government, courts (includ7 ing juvenile courts), Indian tribal governments, nonprofit 

8 organizations, legal services providers, and victim services 

9 providers to improve the response of all aspects of the civil 

10 and criminal justice system to families with a history of 

11 domestic violence, dating violence, sexual assault, or stalk12 ing, or in cases involving allegations of child sexual abuse. 

13 ‘‘(b) USE OF FUNDS.—A grant under this section 

14 may be used to— 

15 ‘‘(1) provide supervised visitation and safe visi16 tation exchange of children and youth by and be17 tween parents in situations involving domestic vio18 lence, dating violence, child sexual abuse, sexual as19 sault, or stalking; 

20 ‘‘(2) develop and promote State, local, and trib21 al legislation, policies, and best practices for improv22 ing civil and criminal court functions, responses, 

23 practices, and procedures in cases involving a history 

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1 volving allegations of child sexual abuse, including 

2 cases in which the victim proceeds pro se; 

3 ‘‘(3) educate court-based and court-related per4 sonnel (including custody evaluators and guardians 

5 ad litem) and child protective services workers on 

6 the dynamics of domestic violence, dating violence, 

7 sexual assault, and stalking, including information 

8 on perpetrator behavior, evidence-based risk factors 

9 for domestic and dating violence homicide, and on 

10 issues relating to the needs of victims, including 

11 safety, security, privacy, and confidentiality, includ12 ing cases in which the victim proceeds pro se; 

13 ‘‘(4) provide adequate resources in juvenile 

14 court matters to respond to domestic violence, dating 

15 violence, sexual assault (including child sexual 

16 abuse), and stalking and ensure necessary services 

17 dealing with the physical health and mental health 

18 of victims are available; 

19 ‘‘(5) enable courts or court-based or court-re20 lated programs to develop or enhance— 

21 ‘‘(A) court infrastructure (such as special22 ized courts, consolidated courts, dockets, intake 

23 centers, or interpreter services); 

24 ‘‘(B) community-based initiatives within 

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1 grams, victim assistants, pro se victim assist2 ance programs, or community-based supple3 mentary services); 

4 ‘‘(C) offender management, monitoring, 

5 and accountability programs; 

6 ‘‘(D) safe and confidential information7 storage and information-sharing databases 

8 within and between court systems; 

9 ‘‘(E) education and outreach programs to 

10 improve community access, including enhanced 

11 access for underserved populations; and 

12 ‘‘(F) other projects likely to improve court 

13 responses to domestic violence, dating violence, 

14 sexual assault, and stalking; 

15 ‘‘(6) collect data and provide training and tech16 nical assistance, including developing State, local, 

17 and tribal model codes and policies, to improve the 

18 capacity of grantees and communities to address the 

19 civil justice needs of victims of domestic violence, 

20 dating violence, sexual assault, and stalking who 

21 have legal representation, who are proceeding pro se, 

22 or who are proceeding with the assistance of a legal 

23 advocate; and 

24 ‘‘(7) improve training and education to assist 

25 judges, judicial personnel, attorneys, child welfare 


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1 personnel, and legal advocates in the civil justice 

2 system regarding domestic violence, dating violence, 

3 sexual assault, stalking, or child abuse. 

4 ‘‘(c) CONSIDERATIONS.— 

5 ‘‘(1) IN GENERAL.—In making grants for pur6 poses described in paragraphs (1) through (6) of 

7 subsection (b), the Attorney General shall consider— 

8 ‘‘(A) the number of families to be served 

9 by the proposed programs and services; 

10 ‘‘(B) the extent to which the proposed pro11 grams and services serve underserved popu12 lations; 

13 ‘‘(C) the extent to which the applicant 

14 demonstrates cooperation and collaboration 

15 with nonprofit, nongovernmental entities in the 

16 local community with demonstrated histories of 

17 effective work on domestic violence, dating vio18 lence, sexual assault, or stalking, including 

19 State or tribal domestic violence coalitions, 

20 State or tribal sexual assault coalitions, local 

21 shelters, and programs for domestic violence 

22 and sexual assault victims; and 

23 ‘‘(D) the extent to which the applicant 

24 demonstrates coordination and collaboration 

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1 cluding mechanisms for communication and re2 ferral. 

3 ‘‘(2) OTHER GRANTS.—In making grants under 

4 subsection (b)(8) the Attorney General shall take 

5 into account the extent to which the grantee has ex6 pertise addressing the judicial system’s handling of 

7 family violence, child custody, child abuse and ne8 glect, adoption, foster care, supervised visitation, di9 vorce, and parentage. 

10 ‘‘(d) APPLICANT REQUIREMENTS.—The Attorney 

11 General may make a grant under this section to an appli12 cant that— 

13 ‘‘(1) demonstrates expertise in the areas of do14 mestic violence, dating violence, sexual assault, 

15 stalking, or child sexual abuse, as appropriate; 

16 ‘‘(2) ensures that any fees charged to individ17 uals for use of supervised visitation programs and 

18 services are based on the income of those individ19 uals, unless otherwise provided by court order; 

20 ‘‘(3) if the applicant proposes to operate super21 vised visitation programs and services or safe visita22 tion exchange, demonstrates that adequate security 

23 measures, including adequate facilities, procedures, 

24 and personnel capable of preventing violence, and 

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1 ing the development of protocols or policies to ensure 

2 that confidential information is not shared with 

3 courts, law enforcement agencies, or child welfare 

4 agencies unless necessary to ensure the safety of any 

5 child or adult using the services of a program fund6 ed under this section); 

7 ‘‘(4) certifies that the organizational policies of 

8 the applicant do not require mediation or counseling 

9 involving offenders and victims being physically 

10 present in the same place, in cases where domestic 

11 violence, dating violence, sexual assault, or stalking 

12 is alleged; 

13 ‘‘(5) certifies that any person providing legal 

14 assistance through a program funded under this sec15 tion has completed or will complete training on do16 mestic violence, dating violence, sexual assault, and 

17 stalking, including child sexual abuse, and related 

18 legal issues; and 

19 ‘‘(6) certifies that any person providing custody 

20 evaluation or guardian ad litem services through a 

21 program funded under this section has completed or 

22 will complete training, developed with input from 

23 and in collaboration with a tribal, State, territorial, 

24 or local domestic violence, dating violence, sexual as25 sault, or stalking victim service provider or coalition, 


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1 on the dynamics of domestic violence and sexual as2 sault, including child sexual abuse, that includes 

3 training on how to review evidence of past abuse and 

4 the use of evidenced-based theories to make rec5 ommendations on custody and visitation. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section, 

8 $22,000,000 for each of the fiscal years 2013 through 

9 2017. Amounts appropriated pursuant to this subsection 

10 are authorized to remain available until expended. 

11 ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— 

12 ‘‘(1) IN GENERAL.—Not less than 10 percent of 

13 the total amount available under this section for 

14 each fiscal year shall be available for grants under 

15 the program authorized by section 2015 of title I of 

16 the Omnibus Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3796gg–10). 

18 ‘‘(2) APPLICABILITY OF PART.—The require19 ments of this section shall not apply to funds allo20 cated for the program described in paragraph (1).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 Subtitle J of the Violence Against Women Act of 1994 

23 (42 U.S.C. 14043 et seq.) is repealed. 


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1 SEC. 105. COURT-APPOINTED SPECIAL ADVOCATE PRO2 GRAM. 

3 Subtitle B of title II of the Crime Control Act of 1990 

4 (42 U.S.C. 13011 et seq.) is amended— 

5 (1) in section 216 (42 U.S.C. 13012), by strik6 ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

7 2015’’; 

8 (2) in section 217 (42 U.S.C. 13013)— 

9 (A) in subsection (c)(2)(A), by striking 

10 ‘‘Code of Ethics’’ and inserting ‘‘Standards for 

11 Programs’’; and 

12 (B) by adding at the end the following new 

13 subsection: 

14 ‘‘(e) REPORTING.—An organization that receives a 

15 grant under this section for a fiscal year shall submit to 

16 the Administrator a report regarding the use of the grant 

17 for the fiscal year, including a discussion of outcome per18 formance measures (which shall be established by the Ad19 ministrator) to determine the effectiveness of the pro20 grams of the organization in meeting the needs of children 

21 in the child welfare system.’’; and 

22 (3) in section 219(a) (42 U.S.C. 13014(a)), by 

23 striking ‘‘fiscal years 2007 through 2011’’ and in24 serting ‘‘fiscal years 2013 through 2017’’. 


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1 SEC. 106. OUTREACH AND SERVICES TO UNDERSERVED 

2 POPULATIONS GRANT. 

3 Section 120 of the Violence Against Women and De4 partment of Justice Reauthorization Act of 2005 (42 

5 U.S.C. 14045) is amended to read as follows: 

6 ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UN7 DERSERVED POPULATIONS. 

8 ‘‘(a) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—Of the amounts appro10 priated under the grant programs identified in para11 graph (2), the Attorney General shall take 2 percent 

12 of such appropriated amounts and combine them to 

13 award grants to eligible entities described in sub14 section (b) of this section to develop and implement 

15 outreach strategies targeted at adult or youth vic16 tims of domestic violence, dating violence, sexual as17 sault, or stalking in underserved populations and to 

18 provide victim services to meet the needs of adult 

19 and youth victims of domestic violence, dating vio20 lence, sexual assault, and stalking in underserved 

21 populations. The requirements of the grant pro22 grams identified in paragraph (2) shall not apply to 

23 this grant program. 

24 ‘‘(2) PROGRAMS COVERED.—The programs 

25 identified in this paragraph are the programs carried 

26 out under the following provisions: 


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1 ‘‘(A) Part T of title I of the Omnibus 

2 Crime Control and Safe Streets Act of 1968 

3 (STOP grants). 

4 ‘‘(B) Part U of title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 

6 (Grants to encourage arrest policies). 

7 ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities under 

8 this section are— 

9 ‘‘(1) population specific organizations that have 

10 demonstrated experience and expertise in providing 

11 population specific services in the relevant under12 served communities, or population specific organiza13 tions working in partnership with a victim service 

14 provider or domestic violence or sexual assault coali15 tion; 

16 ‘‘(2) victim service providers offering population 

17 specific services for a specific underserved popu18 lation; or 

19 ‘‘(3) victim service providers working in part20 nership with a national, State, or local organization 

21 that has demonstrated experience and expertise in 

22 providing population specific services in the relevant 

23 underserved population. 

24 ‘‘(c) PLANNING GRANTS.—The Attorney General 

25 may use up to 20 percent of funds available under this 


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1 section to make one-time planning grants to eligible enti2 ties to support the planning and development of specially 

3 designed and targeted programs for adult and youth vic4 tims in one or more underserved populations, including— 

5 ‘‘(1) identifying, building, and strengthening 

6 partnerships with potential collaborators within un7 derserved populations, Federal, State, tribal, terri8 torial or local government entities, and public and 

9 private organizations; 

10 ‘‘(2) conducting a needs assessment of the com11 munity and the targeted underserved population or 

12 populations to determine what the barriers are to 

13 service access and what factors contribute to those 

14 barriers, using input from the targeted underserved 

15 population or populations; 

16 ‘‘(3) identifying promising prevention, outreach, 

17 and intervention strategies for victims from a tar18 geted underserved population or populations; and 

19 ‘‘(4) developing a plan, with the input of the 

20 targeted underserved population or populations, 

21 for— 

22 ‘‘(A) implementing prevention, outreach, 

23 and intervention strategies to address the bar24 riers to accessing services; 


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1 ‘‘(B) promoting community engagement in 

2 the prevention of domestic violence, dating vio3 lence, sexual assault, and stalking within the 

4 targeted underserved populations; and 

5 ‘‘(C) evaluating the program. 

6 ‘‘(d) IMPLEMENTATION GRANTS.—The Attorney 

7 General shall make grants to eligible entities for the pur8 pose of providing or enhancing population specific out9 reach and victim services to adult and youth victims in 

10 one or more underserved populations, including— 

11 ‘‘(1) working with Federal, State, tribal, terri12 torial and local governments, agencies, and organiza13 tions to develop or enhance population specific vic14 tim services; 

15 ‘‘(2) strengthening the capacity of underserved 

16 populations to provide population specific services; 

17 ‘‘(3) strengthening the capacity of traditional 

18 victim service providers to provide population spe19 cific services; 

20 ‘‘(4) strengthening the effectiveness of criminal 

21 and civil justice interventions by providing training 

22 for law enforcement, prosecutors, judges and other 

23 court personnel on domestic violence, dating vio24 lence, sexual assault, or stalking in underserved pop25 ulations; or 


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1 ‘‘(5) working in cooperation with an under2 served population to develop and implement out3 reach, education, prevention, and intervention strate4 gies that highlight available resources and the spe5 cific issues faced by victims of domestic violence, 

6 dating violence, sexual assault, or stalking from un7 derserved populations. 

8 ‘‘(e) APPLICATION.—An eligible entity desiring a 

9 grant under this section shall submit an application to the 

10 Director of the Office on Violence Against Women at such 

11 time, in such form, and in such manner as the Director 

12 may prescribe. 

13 ‘‘(f) REPORTS.—Each eligible entity receiving a grant 

14 under this section shall annually submit to the Director 

15 of the Office on Violence Against Women a report that 

16 describes the activities carried out with grant funds during 

17 the preceding fiscal year. 

18 ‘‘(g) DEFINITIONS AND GRANT CONDITIONS.—In 

19 this section the definitions and grant conditions in section 

20 40002 of the Violence Against Women Act of 1994 (42 

21 U.S.C. 13925) shall apply. 

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—In ad23 dition to the funds identified in subsection (a)(1), there 

24 are authorized to be appropriated to carry out this section 


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1 $2,000,000 for each of the fiscal years 2013 through 

2 2017.’’. 

3 SEC. 107. CULTURALLY SPECIFIC SERVICES GRANT. 

4 Section 121 of the Violence Against Women and De5 partment of Justice Reauthorization Act of 2005 (42 

6 U.S.C. 14045a) is amended— 

7 (1) in the section heading, by striking ‘‘AND

8 LINGUISTICALLY’’; 

9 (2) by striking ‘‘and linguistically’’ each place it 

10 appears; 

11 (3) by striking ‘‘and linguistic’’ each place it 

12 appears; 

13 (4) by amending paragraph (2) of subsection 

14 (a) to read as follows: 

15 ‘‘(2) PROGRAMS COVERED.—The programs 

16 identified in this paragraph are the programs carried 

17 out under the following provisions: 

18 ‘‘(A) Part U of title I of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 

20 (42 U.S.C. 3796hh) (Grants to encourage ar21 rest policies). 

22 ‘‘(B) Section 1201 of division B of the Vic23 tims of Trafficking and Violence Protection Act 

24 of 2000 (42 U.S.C. 3796gg–6) (Legal assist25 ance for victims). 


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1 ‘‘(C) Section 40295 of the Violence 

2 Against Women Act of 1994 (42 U.S.C. 13971) 

3 (Rural domestic violence, dating violence, sexual 

4 assault, stalking, and child abuse enforcement 

5 assistance). 

6 ‘‘(D) Section 40802 of the Violence 

7 Against Women Act of 1994 (42 U.S.C. 

8 14041a) (Enhanced training and services to 

9 end violence against women later in life). 

10 ‘‘(E) Section 1402 of division B of the Vic11 tims of Trafficking and Violence Protection Act 

12 of 2000 (42 U.S.C. 3796gg–7) (Education, 

13 training, and enhanced services to end violence 

14 against and abuse of women with disabilities).’’; 

15 and 

16 (5) in subsection (g), by striking ‘‘linguistic 

17 and’’. 

18 SEC. 108. REDUCTION IN RAPE KIT BACKLOG. 

19 Section 2(c)(3) of the DNA Analysis Backlog Elimi20 nation Act of 2000 (42 U.S.C. 14135(c)(3)), is amend21 ed— 

22 (1) in subparagraph (B), by striking ‘‘2014’’ 

23 and inserting ‘‘2012’’; and 

24 (2) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(C) For each of the fiscal years 2013 and 

2 2014, not less than 75 percent of the grant 

3 amounts shall be awarded for purposes under 

4 subsection (a)(2).’’. 

5 SEC. 109. ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT 

6 TRAINING PROGRAMS. 

7 Section 40152(c) of the Violence Against Women Act 

8 of 1994 (42 U.S.C. 13941(c)) is amended by striking ‘‘to 

9 carry out this section’’ and all that follows through the 

10 period at the end and inserting ‘‘to carry out this section 

11 $5,000,000 for each of fiscal years 2013 through 2017.’’. 

12 SEC. 110. CHILD ABUSE TRAINING PROGRAMS FOR JUDI13 CIAL PERSONNEL AND PRACTITIONERS. 

14 Section 224(a) of the Victims of Child Abuse Act of 

15 1990 (42 U.S.C. 13024(a)) is amended by striking 

16 ‘‘$2,300,000’’ and all that follows through the period at 

17 the end and inserting ‘‘$2,300,000 for each of fiscal years 

18 2013 through 2017.’’. 


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1 TITLE II—IMPROVING SERVICES 

2 FOR VICTIMS OF DOMESTIC 

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT, 

5 AND STALKING 

6 SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. 

7 (a) GRANTS TO STATES AND TERRITORIES.—Section 

8 41601(b) of the Violence Against Women Act of 1994 (42 

9 U.S.C. 14043g(b)) is amended— 

10 (1) in paragraph (1), by striking ‘‘other pro11 grams’’ and all that follows through the period at 

12 the end and inserting ‘‘other nongovernmental or 

13 tribal programs and projects to assist individuals 

14 who have been victimized by sexual assault, without 

15 regard to the age of the individual.’’; 

16 (2) in paragraph (2)— 

17 (A) in subparagraph (B), by striking ‘‘non18 profit, nongovernmental organizations for pro19 grams and activities’’ and inserting ‘‘nongovern20 mental or tribal programs and activities’’; and 

21 (B) in subparagraph (C)(v), by striking 

22 ‘‘linguistically and’’; and 

23 (3) in paragraph (4)— 

24 (A) in the first sentence— 


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1 (i) by inserting ‘‘and territory’’ after 

2 ‘‘each State’’; 

3 (ii) by striking ‘‘1.50 percent’’ and in4 serting ‘‘0.75 percent’’; and 

5 (iii) by striking ‘‘, except that’’ and all 

6 that follows through ‘‘of the total appro7 priations’’; and 

8 (B) in the last sentence, by striking ‘‘the 

9 preceding formula’’ and inserting ‘‘this para10 graph’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 41601(f)(1) of the Violence Against Women Act of 1994 

13 (42 U.S.C. 14043g(f)(1)) is amended by striking 

14 ‘‘$50,000,000 to remain available until expended for each 

15 of the fiscal years 2007 through 2011’’ and inserting 

16 ‘‘$40,000,000 to remain available until expended for each 

17 of fiscal years 2013 through 2017’’. 

18 SEC. 202. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, 

19 SEXUAL ASSAULT, STALKING, AND CHILD 

20 ABUSE ENFORCEMENT ASSISTANCE. 

21 Section 40295 of the Violence Against Women Act 

22 of 1994 (42 U.S.C. 13971) is amended— 

23 (1) in subsection (a)(1)(H), by inserting ‘‘, in24 cluding sexual assault forensic examiners’’ before the 

25 semicolon; 


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1 (2) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘victim advocacy 

4 groups’’ and inserting ‘‘victim service pro5 viders’’; and 

6 (ii) by inserting ‘‘, including devel7 oping multidisciplinary teams focusing on 

8 high-risk cases with the goal of preventing 

9 domestic and dating violence homicides’’ 

10 before the semicolon; 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘and other long- and 

13 short-term assistance’’ and inserting ‘‘legal 

14 assistance, and other long-term and short15 term victim services and population spe16 cific services’’; and 

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

18 (C) in paragraph (3), by striking the pe19 riod at the end and inserting ‘‘; and’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(4) to develop, expand, or strengthen pro22 grams addressing sexual assault, including sexual 

23 assault forensic examiner programs, Sexual Assault 

24 Response Teams, law enforcement training, and pro25 grams addressing rape kit backlogs.’’; and 


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1 (3) in subsection (e)(1), by striking 

2 ‘‘$55,000,000 for each of the fiscal years 2007 

3 through 2011’’ and inserting ‘‘$50,000,000 for each 

4 of fiscal years 2013 through 2017’’. 

5 SEC. 203. TRAINING AND SERVICES TO END VIOLENCE 

6 AGAINST WOMEN WITH DISABILITIES 

7 GRANTS. 

8 Section 1402 of division B of the Victims of Traf9 ficking and Violence Protection Act of 2000 (42 U.S.C. 

10 3796gg–7) is amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1), by inserting ‘‘(in13 cluding using evidence-based indicators to as14 sess the risk of domestic and dating violence 

15 homicide)’’ after ‘‘risk reduction’’; 

16 (B) in paragraph (4), by striking ‘‘victim 

17 service organizations’’ and inserting ‘‘victim 

18 service providers’’; and 

19 (C) in paragraph (5), by striking ‘‘victim 

20 services organizations’’ and inserting ‘‘victim 

21 service providers’’; 

22 (2) in subsection (c)(1)(D), by striking ‘‘non23 profit and nongovernmental victim services organiza24 tion, such as a State’’ and inserting ‘‘victim service 

25 provider, such as a State or tribal’’; and 


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1 (3) in subsection (e), by striking ‘‘$10,000,000 

2 for each of the fiscal years 2007 through 2011’’ and 

3 inserting ‘‘$9,000,000 for each of fiscal years 2013 

4 through 2017’’. 

5 SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VI6 OLENCE AGAINST WOMEN IN LATER LIFE. 

7 Section 40802 of the Violence Against Women Act 

8 of 1994 (42 U.S.C. 14041a) is amended to read as follows: 

9 ‘‘SEC. 40802. GRANT FOR TRAINING AND SERVICES TO END 

10 VIOLENCE AGAINST WOMEN IN LATER LIFE. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘eligible entity’ means an entity 

13 that— 

14 ‘‘(A) is— 

15 ‘‘(i) a State; 

16 ‘‘(ii) a unit of local government; 

17 ‘‘(iii) a tribal government or tribal or18 ganization; 

19 ‘‘(iv) a population specific organiza20 tion with demonstrated experience in as21 sisting individuals in later life; 

22 ‘‘(v) a victim service provider; or 

23 ‘‘(vi) a State, tribal, or territorial do24 mestic violence or sexual assault coalition; 

25 and 


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1 ‘‘(B) is partnered with— 

2 ‘‘(i) a law enforcement agency; 

3 ‘‘(ii) an office of a prosecutor; 

4 ‘‘(iii) a victim service provider; or 

5 ‘‘(iv) a nonprofit program or govern6 ment agency with demonstrated experience 

7 in assisting individuals in later life. 

8 ‘‘(2) The term ‘elder abuse’ means domestic vi9 olence, dating violence, sexual assault, or stalking 

10 committed against individuals in later life. 

11 ‘‘(3) The term ‘individual in later life’ means an 

12 individual who is 60 years of age or older. 

13 ‘‘(b) GRANT PROGRAM.— 

14 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

15 General may make grants to eligible entities to carry 

16 out the activities described in paragraph (2). In 

17 awarding such grants, the Attorney General shall 

18 consult with the Secretary of Health and Human 

19 Services to ensure that the activities funded under 

20 this section are not duplicative with the activities 

21 funded under the elder abuse prevention programs 

22 of the Department of Health and Human Services. 

23 ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI24 TIES.— 


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1 ‘‘(A) MANDATORY ACTIVITIES.—An eligible 

2 entity receiving a grant under this section shall 

3 use the funds received under the grant to— 

4 ‘‘(i) provide training programs to as5 sist law enforcement agencies, prosecutors, 

6 agencies of States or units of local govern7 ment, population specific organizations, 

8 victim service providers, victim advocates, 

9 and relevant officers in Federal, tribal, 

10 State, territorial, and local courts in recog11 nizing and addressing instances of elder 

12 abuse; 

13 ‘‘(ii) provide or enhance services for 

14 victims of elder abuse; 

15 ‘‘(iii) establish or support multidisci16 plinary collaborative community responses 

17 to victims of elder abuse; and 

18 ‘‘(iv) conduct cross-training for law 

19 enforcement agencies, prosecutors, agen20 cies of States or units of local government, 

21 attorneys, health care providers, population 

22 specific organizations, faith-based advo23 cates, victim service providers, and courts 

24 to better serve victims of elder abuse. 


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1 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi2 ble entity receiving a grant under this section 

3 may use not more than 10 percent of the funds 

4 received under the grant to— 

5 ‘‘(i) provide training programs to as6 sist attorneys, health care providers, faith7 based leaders, or other community-based 

8 organizations in recognizing and address9 ing instances of elder abuse; or 

10 ‘‘(ii) conduct outreach activities and 

11 awareness campaigns to ensure that vic12 tims of elder abuse receive appropriate as13 sistance. 

14 ‘‘(3) UNDERSERVED POPULATIONS.—In making 

15 grants under this section, the Attorney General shall 

16 give priority to proposals providing culturally spe17 cific or population specific services. 

18 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this section $9,000,000 for each of fiscal years 2013 

21 through 2017.’’. 


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1 TITLE III—SERVICES, PROTEC2 TION, AND JUSTICE FOR 

3 YOUNG VICTIMS OF VIO4 LENCE 

5 SEC. 301. RAPE PREVENTION AND EDUCATION GRANT. 

6 Section 393A of the Public Health Service Act (42 

7 U.S.C. 280b–1b) is amended— 

8 (1) in subsection (a)— 

9 (A) in the matter preceding paragraph (1), 

10 by inserting ‘‘, territorial, or tribal’’ after ‘‘cri11 sis centers, State’’; and 

12 (B) in paragraph (6), by inserting ‘‘and al13 cohol’’ after ‘‘about drugs’’; 

14 (2) in subsection (c)(1), by striking 

15 ‘‘$80,000,000 for each of fiscal years 2007 through 

16 2011’’ and inserting ‘‘$50,000,000 for each of fiscal 

17 years 2013 through 2017’’; and 

18 (3) in subsection (c), by adding at the end the 

19 following new paragraph: 

20 ‘‘(3) FUNDING FORMULA.—Amounts provided 

21 under this section shall be allotted to each State, 

22 territory, and the District of Columbia based on 

23 population. If the amounts appropriated under para24 graph (1) exceed $48,000,000 in any fiscal year, a 

25 minimum allocation of $150,000 shall be awarded to 


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1 each State and territory and the District of Colum2 bia. Any remaining funds shall be allotted to each 

3 State and territory and the District of Columbia 

4 based on population.’’. 

5 SEC. 302. CREATING HOPE THROUGH OUTREACH, OPTIONS, 

6 SERVICES, AND EDUCATION FOR CHILDREN 

7 AND YOUTH. 

8 (a) IN GENERAL.—Subtitle L of the Violence Against 

9 Women Act of 1994 (42 U.S.C. 14043c et seq.) is amend10 ed by striking sections 41201 through 41204 and insert11 ing the following: 

12 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP13 TIONS, SERVICES, AND EDUCATION FOR 

14 CHILDREN AND YOUTH (CHOOSE CHILDREN 

15 AND YOUTH). 

16 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General, 

17 working in collaboration with the Secretary of Health and 

18 Human Services and the Secretary of Education, shall 

19 award grants to enhance the safety of youth and children 

20 who are victims of, or exposed to, domestic violence, dating 

21 violence, sexual assault, or stalking and to prevent future 

22 violence. 

23 ‘‘(b) PROGRAM PURPOSES.—Funds provided under 

24 this section may be used for the following program pur25 pose areas: 


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1 ‘‘(1) SERVICES TO ADVOCATE FOR AND RE2 SPOND TO YOUTH.—To develop, expand, and 

3 strengthen victim interventions and services that tar4 get youth who are victims of domestic violence, dat5 ing violence, sexual assault, and stalking. Services 

6 may include victim services, counseling, advocacy, 

7 mentoring, educational support, transportation, legal 

8 assistance in civil, criminal and administrative mat9 ters, such as family law cases, housing cases, child 

10 welfare proceedings, campus administrative pro11 ceedings, and civil protection order proceedings, 

12 services to address sex trafficking, population spe13 cific services, and other activities that support youth 

14 in finding safety, stability, and justice and in ad15 dressing the emotional, cognitive, and physical ef16 fects of trauma on youth. Funds may be used to— 

17 ‘‘(A) assess and analyze available services 

18 for youth victims of domestic violence, dating 

19 violence, sexual assault, and stalking, deter20 mining relevant barriers to such services in a 

21 particular locality, and developing a community 

22 protocol to address such problems collabo23 ratively; 

24 ‘‘(B) develop and implement policies, prac25 tices, and procedures to effectively respond to 


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1 domestic violence, dating violence, sexual as2 sault, or stalking against youth; or 

3 ‘‘(C) provide technical assistance and 

4 training to enhance the ability of school per5 sonnel, victim service providers, child protective 

6 service workers, staff of law enforcement agen7 cies, prosecutors, court personnel, individuals 

8 who work in after school programs, medical 

9 personnel, social workers, mental health per10 sonnel, and workers in other programs that 

11 serve children and youth to improve their ability 

12 to appropriately respond to the needs of chil13 dren and youth who are victims of domestic vio14 lence, dating violence, sexual assault, and stalk15 ing, as well as homeless youth, and to properly 

16 refer such children, youth, and their families to 

17 appropriate services. 

18 ‘‘(2) SUPPORTING YOUTH THROUGH EDU19 CATION AND PROTECTION.—To enable secondary or 

20 elementary schools that serve students in any of 

21 grades five through twelve and institutions of higher 

22 education to— 

23 ‘‘(A) provide training to school personnel, 

24 including health care providers and security 

25 personnel, on the needs of students who are vicVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 tims of domestic violence, dating violence, sex2 ual assault, or stalking; 

3 ‘‘(B) develop and implement age-appro4 priate prevention and intervention policies in 

5 accordance with State law in secondary or ele6 mentary schools that serve students in any of 

7 grades five through twelve, including appro8 priate responses to, and identification and re9 ferral procedures for, students who are experi10 encing or perpetrating domestic violence, dating 

11 violence, sexual assault, or stalking, and proce12 dures for handling the requirements of court 

13 protective orders issued to or against students; 

14 ‘‘(C) provide support services for student 

15 victims of domestic violence, dating violence, 

16 sexual assault, or stalking, such as a resource 

17 person who is either on-site or on-call; 

18 ‘‘(D) provide evidence-based educational 

19 programs for students regarding domestic vio20 lence, dating violence, sexual assault, and stalk21 ing; or 

22 ‘‘(E) develop strategies to increase identi23 fication, support, referrals, and prevention pro24 grams for youth who are at high risk of domesVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 tic violence, dating violence, sexual assault, or 

2 stalking. 

3 ‘‘(c) ELIGIBLE APPLICANTS.— 

4 ‘‘(1) IN GENERAL.—To be eligible to receive a 

5 grant under this section, an entity shall be— 

6 ‘‘(A) a victim service provider, tribal non7 profit organization, population specific organi8 zation, or community-based organization with a 

9 demonstrated history of effective work address10 ing the needs of youth, including runaway or 

11 homeless youth, who are victims of domestic vi12 olence, dating violence, sexual assault, or stalk13 ing; or 

14 ‘‘(B) a victim service provider that is 

15 partnered with an entity that has a dem16 onstrated history of effective work addressing 

17 the needs of youth. 

18 ‘‘(2) PARTNERSHIPS.— 

19 ‘‘(A) EDUCATION.—To be eligible to re20 ceive a grant for the purposes described in sub21 section (b)(2), an entity described in paragraph 

22 (1) shall be partnered with an elementary 

23 school or secondary school (as such terms are 

24 defined in section 9101 of the Elementary and 

25 Secondary Education Act of 1965), charter 


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1 school (as defined in section 5210 of such Act), 

2 a school that is operated or supported by the 

3 Bureau of Indian Education, or a legally oper4 ating private school, a school administered by 

5 the Department of Defense under section 2164 

6 of title 10, United States Code, or section 1402 

7 of the Defense Dependents’ Education Act of 

8 1978, a group of such schools, a local edu9 cational agency (as defined in section 9101(26) 

10 of the Elementary and Secondary Education 

11 Act of 1965), or an institution of higher edu12 cation (as defined in section 101(a) of the 

13 Higher Education Act of 1965). 

14 ‘‘(B) OTHER PARTNERSHIPS.—All appli15 cants under this section are encouraged to work 

16 in partnership with organizations and agencies 

17 that work with the relevant youth population. 

18 Such entities may include— 

19 ‘‘(i) a State, tribe, unit of local gov20 ernment, or territory; 

21 ‘‘(ii) a population specific or commu22 nity-based organization; 

23 ‘‘(iii) batterer intervention programs 

24 or sex offender treatment programs with 


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1 specialized knowledge and experience work2 ing with youth offenders; or 

3 ‘‘(iv) any other agencies or nonprofit, 

4 nongovernmental organizations with the 

5 capacity to provide effective assistance to 

6 the adult, youth, and child victims served 

7 by the partnership. 

8 ‘‘(d) GRANTEE REQUIREMENTS.—Applicants for 

9 grants under this section shall establish and implement 

10 policies, practices, and procedures that— 

11 ‘‘(1) require and include appropriate referral 

12 systems for child and youth victims; 

13 ‘‘(2) protect the confidentiality and privacy of 

14 child and youth victim information, particularly in 

15 the context of parental or third-party involvement 

16 and consent, mandatory reporting duties, and work17 ing with other service providers with priority on vic18 tim safety and autonomy; 

19 ‘‘(3) ensure that all individuals providing inter20 vention or prevention programs to children or youth 

21 through a program funded under this section have 

22 completed, or will complete, sufficient training in 

23 connection with domestic violence, dating violence, 

24 sexual assault, and stalking; and 


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1 ‘‘(4) ensure that parents are informed of the 

2 programs funded under this program that are being 

3 offered at their child’s school. 

4 ‘‘(e) PRIORITY.—The Attorney General shall 

5 prioritize grant applications under this section that coordi6 nate with prevention programs in the community. 

7 ‘‘(f) DEFINITIONS AND GRANT CONDITIONS.—In this 

8 section, the definitions and grant conditions provided for 

9 in section 40002 shall apply. 

10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section, 

12 $15,000,000 for each of the fiscal years 2013 through 

13 2017. 

14 ‘‘(h) ALLOTMENT.— 

15 ‘‘(1) IN GENERAL.—Not less than 50 percent of 

16 the total amount appropriated under this section for 

17 each fiscal year shall be used for the purposes de18 scribed in subsection (b)(1). 

19 ‘‘(2) INDIAN TRIBES.—Not less than 10 percent 

20 of the total amount appropriated under this section 

21 for each fiscal year shall be made available for 

22 grants under the program authorized by section 

23 2015 of the Omnibus Crime Control and Safe 

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


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1 (b) VAWA GRANT REQUIREMENTS.—Section 

2 40002(b) of the Violence Against Women Act of 1994 (42 

3 U.S.C. 13925(b)), as amended by section 3(b)(4), is fur4 ther amended by adding at the end the following: 

5 ‘‘(14) REQUIREMENT FOR EVIDENCE-BASED

6 PROGRAMS.—Any educational programming, train7 ing, or public awareness communications regarding 

8 domestic violence, dating violence, sexual assault, or 

9 stalking that are funded under this title must be evi10 dence-based.’’. 

11 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM12 PUSES. 

13 Section 304 of the Violence Against Women and De14 partment of Justice Reauthorization Act of 2005 (42 

15 U.S.C. 14045b) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘and’’ after ‘‘stalking 

19 on campuses,’’; 

20 (ii) by striking ‘‘crimes against women 

21 on’’ and inserting ‘‘crimes on’’; and 

22 (iii) by inserting ‘‘, and to develop and 

23 strengthen prevention education and 

24 awareness programs’’ before the period; 

25 and 


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1 (B) in paragraph (2), by striking 

2 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (2)— 

5 (i) by inserting ‘‘, strengthen,’’ after 

6 ‘‘To develop’’; and 

7 (ii) by striking ‘‘assault and stalking,’’ 

8 and inserting ‘‘assault, and stalking, in9 cluding the use of technology to commit 

10 these crimes,’’; 

11 (B) in paragraph (4)— 

12 (i) by inserting ‘‘and population spe13 cific services’’ after ‘‘strengthen victim 

14 services programs’’; 

15 (ii) by striking ‘‘entities carrying out’’ 

16 and all that follows through ‘‘stalking vic17 tim services programs’’ and inserting ‘‘vic18 tim service providers’’; and 

19 (iii) by inserting ‘‘, regardless of 

20 whether the services provided by such pro21 gram are provided by the institution or in 

22 coordination with community victim service 

23 providers’’ before the period at the end; 

24 and 

25 (C) by adding at the end the following: 


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1 ‘‘(9) To provide evidence-based educational pro2 gramming for students regarding domestic violence, 

3 dating violence, sexual assault, and stalking. 

4 ‘‘(10) To develop or adapt population specific 

5 strategies and projects for victims of domestic vio6 lence, dating violence, sexual assault, and stalking 

7 from underserved populations on campus.’’; 

8 (3) in subsection (c)— 

9 (A) in paragraph (2)— 

10 (i) in subparagraph (B), by striking 

11 ‘‘any non-profit’’ and all that follows 

12 through the first occurrence of ‘‘victim 

13 services programs’’ and inserting ‘‘victim 

14 service providers’’; 

15 (ii) by redesignating subparagraphs 

16 (D) through (F) as subparagraphs (E) 

17 through (G), respectively; and 

18 (iii) by inserting after subparagraph 

19 (C), the following: 

20 ‘‘(D) describe how underserved populations 

21 in the campus community will be adequately 

22 served, including the provision of relevant popu23 lation specific services;’’; and 


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1 (B) in paragraph (3), by striking ‘‘2007 

2 through 2011’’ and inserting ‘‘2013 through 

3 2017’’; 

4 (4) in subsection (d)— 

5 (A) by striking paragraph (3); and 

6 (B) by inserting after paragraph (2), the 

7 following: 

8 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— 

9 Each grantee shall comply with the following min10 imum requirements during the grant period: 

11 ‘‘(A) The grantee shall create a coordi12 nated community response including both orga13 nizations external to the institution and rel14 evant divisions of the institution. 

15 ‘‘(B) The grantee shall establish a manda16 tory prevention and education program on do17 mestic violence, dating violence, sexual assault, 

18 and stalking for all incoming students. 

19 ‘‘(C) The grantee shall train all campus 

20 law enforcement to respond effectively to do21 mestic violence, dating violence, sexual assault, 

22 and stalking. 

23 ‘‘(D) The grantee shall train all members 

24 of campus disciplinary boards to respond effec25 tively to situations involving domestic violence, 


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1 dating violence, sexual assault, or stalking.’’; 

2 and 

3 (5) in subsection (e), by striking ‘‘$12,000,000’’ 

4 and all that follows through the period and inserting 

5 ‘‘$12,000,000 for each of the fiscal years 2013 

6 through 2017.’’. 

7 SEC. 304. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY. 

8 (a) ESTABLISHMENT.—Title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

10 et seq.) is amended by adding at the end the following 

11 new part: 

12 ‘‘PART LL—NATIONAL CENTER FOR CAMPUS 

13 PUBLIC SAFETY 

14 ‘‘SEC. 3021. NATIONAL CENTER FOR CAMPUS PUBLIC SAFE15 TY. 

16 ‘‘(a) AUTHORITY TO ESTABLISH AND OPERATE CEN17 TER.— 

18 ‘‘(1) IN GENERAL.—The Director of the Office 

19 of Community Oriented Policing Services is author20 ized to establish and operate a National Center for 

21 Campus Public Safety (referred to in this section as 

22 the ‘Center’). 

23 ‘‘(2) GRANT AUTHORITY.—The Director of the 

24 Office of Community Oriented Policing Services is 

25 authorized to award grants to institutions of higher 


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1 education and other nonprofit organizations to assist 

2 in carrying out the functions of the Center required 

3 under subsection (b). 

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

5 shall— 

6 ‘‘(1) provide quality education and training for 

7 campus public safety agencies of institutions of high8 er education and the agencies’ collaborative part9 ners, including campus mental health agencies; 

10 ‘‘(2) foster quality research to strengthen the 

11 safety and security of institutions of higher edu12 cation; 

13 ‘‘(3) serve as a clearinghouse for the identifica14 tion and dissemination of information, policies, pro15 cedures, and best practices relevant to campus pub16 lic safety, including off-campus housing safety, the 

17 prevention of violence against persons and property, 

18 and emergency response and evacuation procedures; 

19 ‘‘(4) develop protocols, in conjunction with the 

20 Attorney General, the Secretary of Homeland Secu21 rity, the Secretary of Education, State, local, and 

22 tribal governments and law enforcement agencies, 

23 private and nonprofit organizations and associations, 

24 and other stakeholders, to prevent, protect against, 

25 respond to, and recover from, natural and man-made 


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1 emergencies or dangerous situations involving an im2 mediate threat to the health or safety of the campus 

3 community; 

4 ‘‘(5) promote the development and dissemina5 tion of effective behavioral threat assessment and 

6 management models to prevent campus violence; 

7 ‘‘(6) coordinate campus safety information (in8 cluding ways to increase off-campus housing safety) 

9 and resources available from the Department of Jus10 tice, the Department of Homeland Security, the De11 partment of Education, State, local, and tribal gov12 ernments and law enforcement agencies, and private 

13 and nonprofit organizations and associations; 

14 ‘‘(7) increase cooperation, collaboration, and 

15 consistency in prevention, response, and problem16 solving methods among law enforcement, mental 

17 health, and other agencies and jurisdictions serving 

18 institutions of higher education; 

19 ‘‘(8) develop standardized formats and models 

20 for mutual aid agreements and memoranda of un21 derstanding between campus security agencies and 

22 other public safety organizations and mental health 

23 agencies; and 


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1 ‘‘(9) report annually to Congress and the Attor2 ney General on activities performed by the Center 

3 during the previous 12 months. 

4 ‘‘(c) COORDINATION WITH AVAILABLE RE5 SOURCES.—In establishing the Center, the Director of the 

6 Office of Community Oriented Policing Services shall— 

7 ‘‘(1) consult with the Secretary of Homeland 

8 Security, the Secretary of Education, and the Attor9 ney General of each State; and 

10 ‘‘(2) coordinate the establishment and operation 

11 of the Center with campus public safety resources 

12 that may be available within the Department of 

13 Homeland Security and the Department of Edu14 cation. 

15 ‘‘(d) DEFINITION OF INSTITUTION OF HIGHER EDU16 CATION.—In this section, the term ‘institution of higher 

17 education’ has the meaning given the term in section 101 

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

19 (b) JUSTICE PROGRAM CONSOLIDATIONS.—Effective 

20 30 days after the date of enactment of this section, the 

21 Office of Dispute Resolution of the Department of Justice 

22 and the jurisdiction and employees of such office shall 

23 be— 

24 (1) transferred to the Office of Legal Policy of 

25 the Department of Justice; and 


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1 (2) funded through the general administration 

2 appropriation of the Office of Legal Policy. 

3 TITLE IV—VIOLENCE 

4 REDUCTION PRACTICES 

5 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS6 EASE CONTROL AND PREVENTION. 

7 Section 402(c) of the Violence Against Women and 

8 Department of Justice Reauthorization Act of 2005 (42 

9 U.S.C. 280b–4(c)) is amended by striking ‘‘$2,000,000 for 

10 each of the fiscal years 2007 through 2011’’ and inserting 

11 ‘‘$1,000,000 for each of the fiscal years 2013 through 

12 2017’’. 

13 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

14 THROUGH PREVENTION GRANTS. 

15 (a) SMART PREVENTION.—Section 41303 of the Vi16 olence Against Women Act of 1994 (42 U.S.C. 14043d– 

17 2) is amended to read as follows: 

18 ‘‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES 

19 THROUGH PREVENTION (SMART PREVEN20 TION). 

21 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General, 

22 in consultation with the Secretary of Health and Human 

23 Services and the Secretary of Education, is authorized to 

24 award grants for the purpose of preventing domestic vio25 lence, dating violence, sexual assault, and stalking by takVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 ing a comprehensive approach that focuses on youth, chil2 dren exposed to violence, and men as leaders and 

3 influencers of social norms. 

4 ‘‘(b) USE OF FUNDS.—Funds provided under this 

5 section may be used for the following purposes: 

6 ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND

7 PREVENTION.—To develop, maintain, or enhance 

8 programs that change attitudes and behaviors 

9 around the acceptability of domestic violence, dating 

10 violence, sexual assault, and stalking and provide 

11 education and skills training to young individuals 

12 and individuals who influence young individuals. The 

13 prevention program may use evidence-based, evi14 dence-informed, or innovative strategies and prac15 tices focused on youth. Such a program should in16 clude— 

17 ‘‘(A) evidence-based age education on do18 mestic violence, dating violence, sexual assault, 

19 stalking, and sexual coercion, as well as healthy 

20 relationship skills, in school, in the community, 

21 or in health care settings; 

22 ‘‘(B) community-based collaboration and 

23 training for those with influence on youth, such 

24 as parents, teachers, coaches, health care pro25 viders, faith-leaders, older teens, and mentors; 


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1 ‘‘(C) education and outreach to change en2 vironmental factors contributing to domestic vi3 olence, dating violence, sexual assault, and 

4 stalking; and 

5 ‘‘(D) policy development targeted to pre6 vention, including school-based policies and pro7 tocols. 

8 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

9 ABUSE.—To develop, maintain or enhance programs 

10 designed to prevent future incidents of domestic vio11 lence, dating violence, sexual assault, and stalking 

12 by preventing, reducing and responding to children’s 

13 exposure to violence in the home. Such programs 

14 may include— 

15 ‘‘(A) providing services for children ex16 posed to domestic violence, dating violence, sex17 ual assault or stalking, including direct coun18 seling or advocacy, and support for the non19 abusing parent; and 

20 ‘‘(B) training and coordination for edu21 cational, after-school, and childcare programs 

22 on how to safely and confidentially identify chil23 dren and families experiencing domestic vio24 lence, dating violence, sexual assault, or stalk25 ing and properly refer children exposed and 


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1 their families to services and violence prevention 

2 programs. 

3 ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE

4 MODELS.—To develop, maintain or enhance pro5 grams that work with men to prevent domestic vio6 lence, dating violence, sexual assault, and stalking 

7 by helping men to serve as role models and social 

8 influencers of other men and youth at the individual, 

9 school, community or statewide levels. 

10 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

11 a grant under this section, an entity shall be— 

12 ‘‘(1) a victim service provider, community-based 

13 organization, tribe or tribal organization, or other 

14 nonprofit, nongovernmental organization that has a 

15 history of effective work preventing domestic vio16 lence, dating violence, sexual assault, or stalking and 

17 expertise in the specific area for which they are ap18 plying for funds; or 

19 ‘‘(2) a partnership between a victim service pro20 vider, community-based organization, tribe or tribal 

21 organization, or other nonprofit, nongovernmental 

22 organization that has a history of effective work pre23 venting domestic violence, dating violence, sexual as24 sault, or stalking and at least one of the following 

25 that has expertise in serving children exposed to doVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 mestic violence, dating violence, sexual assault, or 

2 stalking, youth domestic violence, dating violence, 

3 sexual assault, or stalking prevention, or engaging 

4 men to prevent domestic violence, dating violence, 

5 sexual assault, or stalking: 

6 ‘‘(A) A public, charter, tribal, or nationally 

7 accredited private middle or high school, a 

8 school administered by the Department of De9 fense under section 2164 of title 10, United 

10 States Code or section 1402 of the Defense De11 pendents’ Education Act of 1978, a group of 

12 schools, or a school district. 

13 ‘‘(B) A local community-based organiza14 tion, population-specific organization, or faith15 based organization that has established exper16 tise in providing services to youth. 

17 ‘‘(C) A community-based organization, 

18 population-specific organization, university or 

19 health care clinic, faith-based organization, or 

20 other nonprofit, nongovernmental organization. 

21 ‘‘(D) A nonprofit, nongovernmental entity 

22 providing services for runaway or homeless 

23 youth affected by domestic violence, dating vio24 lence, sexual assault, or stalking. 


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1 ‘‘(E) Health care entities eligible for reim2 bursement under title XVIII of the Social Secu3 rity Act, including providers that target the 

4 special needs of children and youth. 

5 ‘‘(F) Any other agencies, population-spe6 cific organizations, or nonprofit, nongovern7 mental organizations with the capacity to pro8 vide necessary expertise to meet the goals of the 

9 program. 

10 ‘‘(d) GRANTEE REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—Applicants for grants 

12 under this section shall prepare and submit to the 

13 Director an application at such time, in such man14 ner, and containing such information as the Director 

15 may require that demonstrates the capacity of the 

16 applicant and partnering organizations to undertake 

17 the project. 

18 ‘‘(2) POLICIES AND PROCEDURES.—Applicants 

19 under this section shall establish and implement 

20 policies, practices, and procedures that are con21 sistent with the best practices developed under sec22 tion 402 of the Violence Against Women and De23 partment of Justice Reauthorization Act of 2005 

24 (42 U.S.C. 280b–4) and— 


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1 ‘‘(A) include appropriate referral systems 

2 to direct any victim identified during program 

3 activities to highly qualified follow-up care; 

4 ‘‘(B) protect the confidentiality and pri5 vacy of adult and youth victim information, 

6 particularly in the context of parental or third7 party involvement and consent, mandatory re8 porting duties, and working with other service 

9 providers; 

10 ‘‘(C) ensure that all individuals providing 

11 prevention programming through a program 

12 funded under this section have completed or 

13 will complete sufficient training in connection 

14 with domestic violence, dating violence, sexual 

15 assault or stalking; and 

16 ‘‘(D) document how prevention programs 

17 are coordinated with service programs in the 

18 community. 

19 ‘‘(3) PREFERENCE.—In selecting grant recipi20 ents under this section, the Attorney General shall 

21 give preference to applicants that— 

22 ‘‘(A) include outcome-based evaluation; 

23 and 

24 ‘‘(B) identify any other community, school, 

25 or State-based efforts that are working on doVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 mestic violence, dating violence, sexual assault, 

2 or stalking prevention and explain how the 

3 grantee or partnership will add value, coordi4 nate with other programs, and not duplicate ex5 isting efforts. 

6 ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In 

7 this section, the definitions and grant conditions provided 

8 for in section 40002 shall apply. 

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to carry out this section, 

11 $15,000,000 for each of fiscal years 2013 through 2017. 

12 ‘‘(g) ALLOTMENT.— 

13 ‘‘(1) IN GENERAL.—Not less than 25 percent of 

14 the total amounts appropriated under this section in 

15 each fiscal year shall be used for each set of pur16 poses described in paragraphs (1), (2), and (3) of 

17 subsection (b). 

18 ‘‘(2) INDIAN TRIBES.—Not less than 10 percent 

19 of the total amounts appropriated under this section 

20 in each fiscal year shall be made available for grants 

21 to Indian tribes or tribal organizations.’’. 

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

23 (1) Sections 41304 and 41305 of the Violence 

24 Against Women Act of 1994 (42 U.S.C. 14043d–3 

25 and 14043d–4). 


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1 (2) Section 403 of the Violence Against Women 

2 and Department of Justice Reauthorization Act of 

3 2005 (42 U.S.C. 14045c). 

4 TITLE V—STRENGTHENING THE 

5 HEALTH CARE SYSTEM’S RE6 SPONSE TO DOMESTIC VIO7 LENCE, DATING VIOLENCE, 

8 SEXUAL ASSAULT, AND 

9 STALKING 

10 SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN 

11 THE HEALTH CARE SYSTEM’S RESPONSE TO 

12 DOMESTIC VIOLENCE, DATING VIOLENCE, 

13 SEXUAL ASSAULT, AND STALKING. 

14 (a) GRANTS.—Section 399P of the Public Health 

15 Service Act (42 U.S.C. 280g–4) is amended to read as 

16 follows: 

17 ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE 

18 SYSTEM’S RESPONSE TO DOMESTIC VIO19 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

20 AND STALKING. 

21 ‘‘(a) IN GENERAL.—The Secretary shall award 

22 grants for— 

23 ‘‘(1) the development or enhancement and im24 plementation of interdisciplinary training for health 


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1 professionals, public health staff, and allied health 

2 professionals; 

3 ‘‘(2) the development or enhancement and im4 plementation of education programs for medical, 

5 nursing, dental, and other health profession students 

6 and residents to prevent and respond to domestic vi7 olence, dating violence, sexual assault, and stalking; 

8 and 

9 ‘‘(3) the development or enhancement and im10 plementation of comprehensive statewide strategies 

11 to improve the response of clinics, public health fa12 cilities, hospitals, and other health settings (includ13 ing behavioral and mental health programs) to do14 mestic violence, dating violence, sexual assault, and 

15 stalking. 

16 ‘‘(b) USE OF FUNDS.— 

17 ‘‘(1) REQUIRED USES.—Amounts provided 

18 under a grant under this section shall be used to— 

19 ‘‘(A) fund interdisciplinary training and 

20 education programs under paragraphs (1) and 

21 (2) of subsection (a) that— 

22 ‘‘(i) are designed to train medical, 

23 psychology, dental, social work, nursing, 

24 and other health profession students, in25 terns, residents, fellows, or current health 


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1 care providers to identify and provide 

2 health care services (including mental or 

3 behavioral health care services and refer4 rals to appropriate community services) to 

5 individuals who are or who have been vic6 tims of domestic violence, dating violence, 

7 sexual assault, or stalking; and 

8 ‘‘(ii) plan and develop clinical training 

9 components for integration into approved 

10 internship, residency, and fellowship train11 ing or continuing medical or other health 

12 education training that address physical, 

13 mental, and behavioral health issues, in14 cluding protective factors, related to do15 mestic violence, dating violence, sexual as16 sault, stalking, and other forms of violence 

17 and abuse, focus on reducing health dis18 parities and preventing violence and abuse, 

19 and include the primacy of victim safety 

20 and confidentiality; and 

21 ‘‘(B) design and implement comprehensive 

22 strategies to improve the response of the health 

23 care system to domestic or sexual violence in 

24 clinical and public health settings, hospitals, 

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1 havioral and mental health), under subsection 

2 (a)(3) through— 

3 ‘‘(i) the implementation, dissemina4 tion, and evaluation of policies and proce5 dures to guide health professionals and 

6 public health staff in identifying and re7 sponding to domestic violence, dating vio8 lence, sexual assault, and stalking, includ9 ing strategies to ensure that health infor10 mation is maintained in a manner that 

11 protects the patient’s privacy and safety, 

12 and safely uses health information tech13 nology to improve documentation, identi14 fication, assessment, treatment, and follow15 up care; 

16 ‘‘(ii) the development of on-site access 

17 to services to address the safety, medical, 

18 and mental health needs of patients by in19 creasing the capacity of existing health 

20 care professionals and public health staff 

21 to address domestic violence, dating vio22 lence, sexual assault, and stalking, or by 

23 contracting with or hiring domestic or sex24 ual assault advocates to provide such serv25 ices or to model other services appropriate 


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1 to the geographic and cultural needs of a 

2 site; 

3 ‘‘(iii) the development of measures 

4 and methods for the evaluation of the 

5 practice of identification, intervention, and 

6 documentation regarding victims of domes7 tic violence, dating violence, sexual assault, 

8 and stalking, including the development 

9 and testing of quality improvement meas10 urements; and 

11 ‘‘(iv) the provision of training and fol12 lowup technical assistance to health care 

13 professionals, and public health staff, and 

14 allied health professionals to identify, as15 sess, treat, and refer clients who are vic16 tims of domestic violence, dating violence, 

17 sexual assault, or stalking, including using 

18 tools and training materials already devel19 oped. 

20 ‘‘(2) PERMISSIBLE USES.— 

21 ‘‘(A) CHILD AND ELDER ABUSE.—To the 

22 extent consistent with the purpose of this sec23 tion, a grantee may use amounts received under 

24 this section to address, as part of a comprehen25 sive programmatic approach implemented under 


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1 the grant, issues relating to child or elder 

2 abuse. 

3 ‘‘(B) RURAL AREAS.—Grants funded 

4 under paragraphs (1) and (2) of subsection (a) 

5 may be used to offer to rural areas community6 based training opportunities (which may include 

7 the use of distance learning networks and other 

8 available technologies needed to reach isolated 

9 rural areas) for medical, nursing, and other 

10 health profession students and residents on do11 mestic violence, dating violence, sexual assault, 

12 stalking, and, as appropriate, other forms of vi13 olence and abuse. 

14 ‘‘(C) OTHER USES.—Grants funded under 

15 subsection (a)(3) may be used for— 

16 ‘‘(i) the development of training mod17 ules and policies that address the overlap 

18 of child abuse, domestic violence, dating vi19 olence, sexual assault, and stalking and 

20 elder abuse, as well as childhood exposure 

21 to domestic and sexual violence; 

22 ‘‘(ii) the development, expansion, and 

23 implementation of sexual assault forensic 

24 medical examination or sexual assault 

25 nurse examiner programs; 


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1 ‘‘(iii) the inclusion of the health ef2 fects of lifetime exposure to violence and 

3 abuse as well as related protective factors 

4 and behavioral risk factors in health pro5 fessional training schools, including med6 ical, dental, nursing, social work, and men7 tal and behavioral health curricula, and al8 lied health service training courses; or 

9 ‘‘(iv) the integration of knowledge of 

10 domestic violence, dating violence, sexual 

11 assault, and stalking into health care ac12 creditation and professional licensing ex13 aminations, such as medical, dental, social 

14 work, and nursing boards, and where ap15 propriate, other allied health exams. 

16 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

17 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 

18 ‘‘(A) IN GENERAL.—Grantees under this 

19 section shall ensure that all programs developed 

20 with grant funds address issues of confiden21 tiality and patient safety and comply with appli22 cable confidentiality and nondisclosure require23 ments under section 40002(b)(2) of the Vio24 lence Against Women Act of 1994 and the 

25 Family Violence Prevention and Services Act, 


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1 and that faculty and staff associated with deliv2 ering educational components are fully trained 

3 in procedures that will protect the immediate 

4 and ongoing security and confidentiality of the 

5 patients, patient records, and staff. Such grant6 ees shall consult entities with demonstrated ex7 pertise in the confidentiality and safety needs of 

8 victims of domestic violence, dating violence, 

9 sexual assault, and stalking on the development 

10 and adequacy of confidentially and security pro11 cedures, and provide documentation of such 

12 consultation. 

13 ‘‘(B) ADVANCE NOTICE OF INFORMATION

14 DISCLOSURE.—Grantees under this section shall 

15 provide to patients advance notice about any 

16 circumstances under which information may be 

17 disclosed, such as mandatory reporting laws, 

18 and shall give patients the option to receive in19 formation and referrals without affirmatively 

20 disclosing abuse. 

21 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX22 PENSES.—A grantee shall use not more than 10 per23 cent of the amounts received under a grant under 

24 this section for administrative expenses. 


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1 ‘‘(3) PREFERENCE.—In selecting grant recipi2 ents under this section, the Secretary shall give pref3 erence to applicants based on the strength of their 

4 evaluation strategies, with priority given to outcome5 based evaluations. 

6 ‘‘(4) APPLICATION.— 

7 ‘‘(A) SUBSECTION (a) (1) AND (2) GRANT8 EES.—An entity desiring a grant under para9 graph (1) or (2) of subsection (a) shall submit 

10 an application to the Secretary at such time, in 

11 such manner, and containing such information 

12 and assurances as the Secretary may require, 

13 including— 

14 ‘‘(i) documentation that the applicant 

15 represents a team of entities working col16 laboratively to strengthen the response of 

17 the health care system to domestic vio18 lence, dating violence, sexual assault, or 

19 stalking, and which includes at least one of 

20 each of— 

21 ‘‘(I) an accredited school of 

22 allopathic or osteopathic medicine, 

23 psychology, nursing, dentistry, social 

24 work, or other health field; 


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1 ‘‘(II) a health care facility or sys2 tem; or 

3 ‘‘(III) a government or nonprofit 

4 entity with a history of effective work 

5 in the fields of domestic violence, dat6 ing violence, sexual assault, or stalk7 ing; and 

8 ‘‘(ii) strategies for the dissemination 

9 and sharing of curricula and other edu10 cational materials developed under the 

11 grant, if any, with other interested health 

12 professions schools and national resource 

13 repositories for materials on domestic vio14 lence, dating violence, sexual assault, and 

15 stalking. 

16 ‘‘(B) SUBSECTION (a)(3) GRANTEES.—An 

17 entity desiring a grant under subsection (a)(3) 

18 shall submit an application to the Secretary at 

19 such time, in such manner, and containing such 

20 information and assurances as the Secretary 

21 may require, including— 

22 ‘‘(i) documentation that all training, 

23 education, screening, assessment, services, 

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1 standing of violence and abuse victimiza2 tion and trauma-specific approaches that 

3 will be integrated into prevention, interven4 tion, and treatment activities; 

5 ‘‘(ii) strategies for the development 

6 and implementation of policies to prevent 

7 and address domestic violence, dating vio8 lence, sexual assault, and stalking over the 

9 lifespan in health care settings; 

10 ‘‘(iii) a plan for consulting with State 

11 and tribal domestic violence or sexual as12 sault coalitions, national nonprofit victim 

13 advocacy organizations, State or tribal law 

14 enforcement task forces (where appro15 priate), and population-specific organiza16 tions with demonstrated expertise in ad17 dressing domestic violence, dating violence, 

18 sexual assault, or stalking; 

19 ‘‘(iv) with respect to an application 

20 for a grant under which the grantee will 

21 have contact with patients, a plan, devel22 oped in collaboration with local victim serv23 ice providers, to respond appropriately to 

24 and make correct referrals for individuals 

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1 mestic violence, dating violence, sexual as2 sault, stalking, or other types of violence, 

3 and documentation provided by the grantee 

4 of an ongoing collaborative relationship 

5 with a local victim service provider; and 

6 ‘‘(v) with respect to an application for 

7 a grant proposing to fund a program de8 scribed in subsection (b)(2)(C)(ii), a cer9 tification that any sexual assault forensic 

10 medical examination and sexual assault 

11 nurse examiner programs supported with 

12 such grant funds will adhere to the guide13 lines set forth by the Attorney General. 

14 ‘‘(d) ELIGIBLE ENTITIES.— 

15 ‘‘(1) IN GENERAL.—To be eligible to receive 

16 funding under paragraph (1) or (2) of subsection 

17 (a), an entity shall be— 

18 ‘‘(A) a nonprofit organization with a his19 tory of effective work in the field of training 

20 health professionals with an understanding of, 

21 and clinical skills pertinent to, domestic vio22 lence, dating violence, sexual assault, or stalk23 ing, and lifetime exposure to violence and 

24 abuse; 


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1 ‘‘(B) an accredited school of allopathic or 

2 osteopathic medicine, psychology, nursing, den3 tistry, social work, or allied health; 

4 ‘‘(C) a health care provider membership or 

5 professional organization, or a health care sys6 tem; or 

7 ‘‘(D) a State, tribal, territorial, or local en8 tity. 

9 ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be eli10 gible to receive funding under subsection (a)(3), an 

11 entity shall be— 

12 ‘‘(A) a State department (or other divi13 sion) of health, a State, tribal, or territorial do14 mestic violence or sexual assault coalition or 

15 victim service provider, or any other nonprofit, 

16 nongovernmental organization with a history of 

17 effective work in the fields of domestic violence, 

18 dating violence, sexual assault, or stalking, and 

19 health care, including physical or mental health 

20 care; or 

21 ‘‘(B) a local victim service provider, a local 

22 department (or other division) of health, a local 

23 health clinic, hospital, or health system, or any 

24 other community-based organization with a his25 tory of effective work in the field of domestic viVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 olence, dating violence, sexual assault, or stalk2 ing and health care, including physical or men3 tal health care. 

4 ‘‘(e) TECHNICAL ASSISTANCE.— 

5 ‘‘(1) IN GENERAL.—Of the funds made avail6 able to carry out this section for any fiscal year, the 

7 Secretary may make grants or enter into contracts 

8 to provide technical assistance with respect to the 

9 planning, development, and operation of any pro10 gram, activity or service carried out pursuant to this 

11 section. Not more than 8 percent of the funds ap12 propriated under this section in each fiscal year may 

13 be used to fund technical assistance under this sub14 section. 

15 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec16 retary shall make publicly available materials devel17 oped by grantees under this section, including mate18 rials on training, best practices, and research and 

19 evaluation. 

20 ‘‘(3) REPORTING.—The Secretary shall publish 

21 a biennial report on— 

22 ‘‘(A) the distribution of funds under this 

23 section; and 

24 ‘‘(B) the programs and activities supported 

25 by such funds. 


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1 ‘‘(f) RESEARCH AND EVALUATION.— 

2 ‘‘(1) IN GENERAL.—Of the funds made avail3 able to carry out this section for any fiscal year, the 

4 Secretary may use not more than 20 percent to 

5 make a grant or enter into a contract for research 

6 and evaluation of— 

7 ‘‘(A) grants awarded under this section; 

8 and 

9 ‘‘(B) other training for health professionals 

10 and effective interventions in the health care 

11 setting that prevent domestic violence, dating 

12 violence, and sexual assault across the lifespan, 

13 prevent the health effects of such violence, and 

14 improve the safety and health of individuals 

15 who are currently being victimized. 

16 ‘‘(2) RESEARCH.—Research authorized in para17 graph (1) may include— 

18 ‘‘(A) research on the effects of domestic vi19 olence, dating violence, sexual assault, and 

20 childhood exposure to domestic violence, dating 

21 violence, or sexual assault on health behaviors, 

22 health conditions, and health status of individ23 uals, families, and populations, including under24 served populations; 


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1 ‘‘(B) research to determine effective health 

2 care interventions to respond to and prevent do3 mestic violence, dating violence, sexual assault, 

4 and stalking; 

5 ‘‘(C) research on the impact of domestic, 

6 dating, and sexual violence, childhood exposure 

7 to such violence, and stalking on the health care 

8 system, health care utilization, health care 

9 costs, and health status; and 

10 ‘‘(D) research on the impact of adverse 

11 childhood experiences on adult experience with 

12 domestic violence, dating violence, sexual as13 sault, stalking, and adult health outcomes, in14 cluding how to reduce or prevent the impact of 

15 adverse childhood experiences through the 

16 health care setting. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

18 is authorized to be appropriated to carry out this section 

19 $10,000,000 for each of fiscal years 2013 through 2017. 

20 ‘‘(h) DEFINITIONS.—Except as otherwise provided in 

21 this section, the definitions in section 40002 of the Vio22 lence Against Women Act of 1994 apply to this section.’’. 

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

24 (1) Chapter 11 of subtitle B of the Violence 

25 Against Women Act of 1994 (relating to research on 


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1 effective interventions to address violence; 42 U.S.C. 

2 13973; as added by section 505 of Public Law 109– 

3 162 (119 Stat. 3028)). 

4 (2) Section 758 of the Public Health Service 

5 Act (42 U.S.C. 294h). 

6 TITLE VI—SAFE HOMES FOR VIC7 TIMS OF DOMESTIC VIO8 LENCE, DATING VIOLENCE, 

9 SEXUAL ASSAULT, AND 

10 STALKING 

11 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES12 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

13 ASSAULT, AND STALKING. 

14 (a) AMENDMENT.—Subtitle N of the Violence 

15 Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 

16 is amended— 

17 (1) by inserting after the subtitle heading the 

18 following: 

19 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

20 (2) in section 41402 (42 U.S.C. 14043e–1), in 

21 the matter preceding paragraph (1), by striking 

22 ‘‘subtitle’’ and inserting ‘‘chapter’’; 

23 (3) in section 41403 (42 U.S.C. 14043e–2), in 

24 the matter preceding paragraph (1), by striking 

25 ‘‘subtitle’’ and inserting ‘‘chapter’’; and 


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1 (4) by adding at the end the following: 

2 ‘‘CHAPTER 2—HOUSING RIGHTS 

3 ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO4 MESTIC VIOLENCE, DATING VIOLENCE, SEX5 UAL ASSAULT, AND STALKING. 

6 ‘‘(a) DEFINITIONS.—In this chapter: 

7 ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af8 filiated individual’ means, with respect to an indi9 vidual— 

10 ‘‘(A) a spouse, parent, brother, sister, or 

11 child of that individual, or an individual to 

12 whom that individual stands in loco parentis; or 

13 ‘‘(B) any individual, tenant, or lawful occu14 pant living in the household of that individual. 

15 ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro16 priate agency’ means, with respect to a covered 

17 housing program, the Executive department (as de18 fined in section 101 of title 5, United States Code) 

19 that carries out the covered housing program. 

20 ‘‘(3) COVERED HOUSING PROGRAM.—The term 

21 ‘covered housing program’ means— 

22 ‘‘(A) the program under section 202 of the 

23 Housing Act of 1959 (12 U.S.C. 1701q); 


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1 ‘‘(B) the program under section 811 of the 

2 Cranston-Gonzalez National Affordable Hous3 ing Act (42 U.S.C. 8013); 

4 ‘‘(C) the program under subtitle D of title 

5 VIII of the Cranston-Gonzalez National Afford6 able Housing Act (42 U.S.C. 12901 et seq.); 

7 ‘‘(D) each of the programs under title IV 

8 of the McKinney-Vento Homeless Assistance 

9 Act (42 U.S.C. 11360 et seq.); 

10 ‘‘(E) the program under subtitle A of title 

11 II of the Cranston-Gonzalez National Afford12 able Housing Act (42 U.S.C. 12741 et seq.); 

13 ‘‘(F) the program under paragraph (3) of 

14 section 221(d) of the National Housing Act (12 

15 U.S.C. 1715l(d)) for insurance of mortgages 

16 that bear interest at a rate determined under 

17 the proviso under paragraph (5) of such section 

18 221(d); 

19 ‘‘(G) the program under section 236 of the 

20 National Housing Act (12 U.S.C. 1715z–1); 

21 ‘‘(H) the programs under sections 6 and 8 

22 of the United States Housing Act of 1937 (42 

23 U.S.C. 1437d and 1437f); 

24 ‘‘(I) rural housing assistance provided 

25 under sections 514, 515, 516, 533, and 538 of 


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1 the Housing Act of 1949 (42 U.S.C. 1484, 

2 1485, 1486, 1490m, and 1490p–2); and 

3 ‘‘(J) the low-income housing tax credit 

4 program under section 42 of the Internal Rev5 enue Code of 1986. 

6 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI7 NATION OF ASSISTANCE OR EVICTION.— 

8 ‘‘(1) IN GENERAL.—An applicant for or tenant 

9 of housing assisted under a covered housing program 

10 may not be denied admission to, denied assistance 

11 under, terminated from participation in, or evicted 

12 from the housing program or housing on the basis 

13 that the applicant or tenant is or has been a victim 

14 of domestic violence, dating violence, sexual assault, 

15 or stalking, if the applicant or tenant otherwise 

16 qualifies for admission, assistance, participation, or 

17 occupancy. 

18 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in19 cident of actual or threatened domestic violence, dat20 ing violence, sexual assault, or stalking shall not be 

21 construed as— 

22 ‘‘(A) a serious or repeated violation of a 

23 lease for housing assisted under a covered hous24 ing program by the victim or threatened victim 

25 of such incident; or 


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1 ‘‘(B) good cause for terminating the assist2 ance, tenancy, or occupancy rights to housing 

3 assisted under a covered housing program of 

4 the victim or threatened victim of such incident. 

5 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

6 ACTIVITY.— 

7 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

8 AND OCCUPANCY RIGHTS PROHIBITED.—No 

9 person may deny assistance, tenancy, or occu10 pancy rights to housing assisted under a cov11 ered housing program to a tenant solely on the 

12 basis of criminal activity directly relating to do13 mestic violence, dating violence, sexual assault, 

14 or stalking that is engaged in by a member of 

15 the household of the tenant or any guest or 

16 other person under the control of the tenant, if 

17 the tenant or an affiliated individual of the ten18 ant is the victim or threatened victim of such 

19 domestic violence, dating violence, sexual as20 sault, or stalking. 

21 ‘‘(B) BIFURCATION.— 

22 ‘‘(i) IN GENERAL.—Notwithstanding 

23 subparagraph (A), a public housing agency 

24 or owner or manager of housing assisted 

25 under a covered housing program may biVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 furcate a lease for the housing in order to 

2 evict, remove, or terminate assistance to 

3 any individual who is a tenant or lawful oc4 cupant of the housing and who engages in 

5 criminal activity directly relating to domes6 tic violence, dating violence, sexual assault, 

7 or stalking against an affiliated individual 

8 or other individual, without evicting, re9 moving, terminating assistance to, or oth10 erwise penalizing a victim of such criminal 

11 activity who is also a tenant or lawful oc12 cupant of the housing. 

13 ‘‘(ii) EFFECT OF EVICTION ON OTHER

14 TENANTS.—If a public housing agency or 

15 owner or manager of housing assisted 

16 under a covered housing program evicts, 

17 removes, or terminates assistance to an in18 dividual under clause (i), and the indi19 vidual is the sole tenant eligible to receive 

20 assistance under a covered housing pro21 gram, the public housing agency or owner 

22 or manager of housing assisted under the 

23 covered housing program shall provide any 

24 remaining tenant an opportunity to estab25 lish eligibility for the covered housing proVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 gram. If a tenant described in the pre2 ceding sentence cannot establish eligibility, 

3 the public housing agency or owner or 

4 manager of the housing shall provide the 

5 tenant a reasonable time, as determined by 

6 the appropriate agency, to find new hous7 ing or to establish eligibility for housing 

8 under another covered housing program. 

9 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

10 in subparagraph (A) shall be construed— 

11 ‘‘(i) to limit the authority of a public 

12 housing agency or owner or manager of 

13 housing assisted under a covered housing 

14 program, when notified of a court order, to 

15 comply with a court order with respect 

16 to— 

17 ‘‘(I) the rights of access to or 

18 control of property, including civil 

19 protection orders issued to protect a 

20 victim of domestic violence, dating vio21 lence, sexual assault, or stalking; or 

22 ‘‘(II) the distribution or posses23 sion of property among members of a 

24 household in a case; 


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1 ‘‘(ii) to limit any otherwise available 

2 authority of a public housing agency or 

3 owner or manager of housing assisted 

4 under a covered housing program to evict 

5 or terminate assistance to a tenant for any 

6 violation of a lease not premised on the act 

7 of violence in question against the tenant 

8 or an affiliated person of the tenant, if the 

9 public housing agency or owner or man10 ager does not subject an individual who is 

11 or has been a victim of domestic violence, 

12 dating violence, sexual assault, or stalking 

13 to a more demanding standard than other 

14 tenants in determining whether to evict or 

15 terminate; 

16 ‘‘(iii) to limit the authority to termi17 nate assistance to a tenant or evict a ten18 ant from housing assisted under a covered 

19 housing program if a public housing agen20 cy or owner or manager of the housing can 

21 demonstrate that an actual and imminent 

22 threat to other tenants or individuals em23 ployed at or providing service to the prop24 erty would be present if the assistance is 


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1 not terminated or the tenant is not evicted; 

2 or 

3 ‘‘(iv) to supersede any provision of 

4 any Federal, State, or local law that pro5 vides greater protection than this section 

6 for victims of domestic violence, dating vio7 lence, sexual assault, or stalking. 

8 ‘‘(c) DOCUMENTATION.— 

9 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an 

10 applicant for, or tenant of, housing assisted under a 

11 covered housing program represents to a public 

12 housing agency or owner or manager of the housing 

13 that the individual is entitled to protection under 

14 subsection (b), the public housing agency or owner 

15 or manager may request, in writing, that the appli16 cant or tenant submit to the public housing agency 

17 or owner or manager a form of documentation de18 scribed in paragraph (3). 

19 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 

20 ‘‘(A) IN GENERAL.—If an applicant or ten21 ant does not provide the documentation re22 quested under paragraph (1) within 14 business 

23 days after the tenant receives a request in writ24 ing for such certification from a public housing 

25 agency or owner or manager of housing assisted 


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1 under a covered housing program, nothing in 

2 this chapter may be construed to limit the au3 thority of the public housing agency or owner or 

4 manager to— 

5 ‘‘(i) deny admission by the applicant 

6 or tenant to the covered program; 

7 ‘‘(ii) deny assistance under the cov8 ered program to the applicant or tenant; 

9 ‘‘(iii) terminate the participation of 

10 the applicant or tenant in the covered pro11 gram; or 

12 ‘‘(iv) evict the applicant, the tenant, 

13 or a lawful occupant that commits viola14 tions of a lease. 

15 ‘‘(B) EXTENSION.—A public housing agen16 cy or owner or manager of housing may extend 

17 the 14-day deadline under subparagraph (A) at 

18 its discretion. 

19 ‘‘(3) FORM OF DOCUMENTATION.—A form of 

20 documentation described in this paragraph is— 

21 ‘‘(A) a certification form approved by the 

22 appropriate agency that— 

23 ‘‘(i) states that an applicant or tenant 

24 is a victim of domestic violence, dating vio25 lence, sexual assault, or stalking; 


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1 ‘‘(ii) states that the incident of domes2 tic violence, dating violence, sexual assault, 

3 or stalking that is the ground for protec4 tion under subsection (b) meets the re5 quirements under subsection (b); and 

6 ‘‘(iii) includes the name of the indi7 vidual who committed the domestic vio8 lence, dating violence, sexual assault, or 

9 stalking, if the name is known and safe to 

10 provide; 

11 ‘‘(B) a document that— 

12 ‘‘(i) is signed by— 

13 ‘‘(I) an employee, agent, or vol14 unteer of a victim service provider, an 

15 attorney, a medical professional, or a 

16 mental health professional from whom 

17 an applicant or tenant has sought as18 sistance relating to domestic violence, 

19 dating violence, sexual assault, or 

20 stalking, or the effects of the abuse; 

21 and 

22 ‘‘(II) the applicant or tenant; and 

23 ‘‘(ii) states under penalty of perjury 

24 that the individual described in clause 

25 (i)(I) believes that the incident of domestic 


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1 violence, dating violence, sexual assault, or 

2 stalking that is the ground for protection 

3 under subsection (b) meets the require4 ments under subsection (b); 

5 ‘‘(C) a record of a Federal, State, tribal, 

6 territorial, or local law enforcement agency, 

7 court, or administrative agency; or 

8 ‘‘(D) at the discretion of a public housing 

9 agency or owner or manager of housing assisted 

10 under a covered housing program, a statement 

11 or other evidence provided by an applicant or 

12 tenant. 

13 ‘‘(4) CONFIDENTIALITY.—Any information sub14 mitted to a public housing agency or owner or man15 ager under this subsection, including the fact that 

16 an individual is a victim of domestic violence, dating 

17 violence, sexual assault, or stalking shall be main18 tained in confidence by the public housing agency or 

19 owner or manager and may not be entered into any 

20 shared database or disclosed to any other entity or 

21 individual, except to the extent that the disclosure 

22 is— 

23 ‘‘(A) requested or consented to by the indi24 vidual in writing; 


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1 ‘‘(B) required for use in an eviction pro2 ceeding under subsection (b); or 

3 ‘‘(C) otherwise required by applicable law. 

4 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth5 ing in this subsection shall be construed to require 

6 a public housing agency or owner or manager of 

7 housing assisted under a covered housing program 

8 to request that an individual submit documentation 

9 of the status of the individual as a victim of domes10 tic violence, dating violence, sexual assault, or stalk11 ing. 

12 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON13 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com14 pliance with subsection (b) by a public housing agen15 cy or owner or manager of housing assisted under 

16 a covered housing program based on documentation 

17 received under this subsection, shall not be sufficient 

18 to constitute evidence of an unreasonable act or 

19 omission by the public housing agency or owner or 

20 manager or an employee or agent of the public hous21 ing agency or owner or manager. Nothing in this 

22 paragraph shall be construed to limit the liability of 

23 a public housing agency or owner or manager of 

24 housing assisted under a covered housing program 

25 for failure to comply with subsection (b). 


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1 ‘‘(7) RESPONSE TO CONFLICTING CERTIFI2 CATION.—If a public housing agency or owner or 

3 manager of housing assisted under a covered hous4 ing program receives documentation under this sub5 section that contains conflicting information, the 

6 public housing agency or owner or manager may re7 quire an applicant or tenant to submit third-party 

8 documentation, as described in subparagraph (B), 

9 (C), or (D) of paragraph (3). 

10 ‘‘(8) PREEMPTION.—Nothing in this subsection 

11 shall be construed to supersede any provision of any 

12 Federal, State, or local law that provides greater 

13 protection than this subsection for victims of domes14 tic violence, dating violence, sexual assault, or stalk15 ing. 

16 ‘‘(d) NOTIFICATION.— 

17 ‘‘(1) DEVELOPMENT.—The Secretary of Hous18 ing and Urban Development shall develop a notice of 

19 the rights of individuals under this section, including 

20 the right to confidentiality and the limits thereof, 

21 and include such notice in documents required by 

22 law to be provided to tenants assisted under a cov23 ered housing program. 

24 ‘‘(2) PROVISION.—The applicable public hous25 ing agency or owner or manager of housing assisted 


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1 under a covered housing program shall provide the 

2 notice developed under paragraph (1) to an appli3 cant for or tenant of housing assisted under a cov4 ered housing program— 

5 ‘‘(A) at the time the applicant is denied 

6 residency in a dwelling unit assisted under the 

7 covered housing program; 

8 ‘‘(B) at the time the individual is admitted 

9 to a dwelling unit assisted under the covered 

10 housing program; and 

11 ‘‘(C) in multiple languages, consistent with 

12 guidance issued by the Secretary of Housing 

13 and Urban Development in accordance with Ex14 ecutive Order No. 13166 (42 U.S.C. 2000d–1 

15 note; relating to access to services for persons 

16 with limited English proficiency). 

17 ‘‘(e) EMERGENCY RELOCATION AND TRANSFERS.— 

18 Each appropriate agency shall develop a model emergency 

19 relocation and transfer plan for voluntary use by public 

20 housing agencies and owners or managers of housing as21 sisted under a covered housing program that— 

22 ‘‘(1) allows tenants who are victims of domestic 

23 violence, dating violence, sexual assault, or stalking 

24 to relocate or transfer to another available and safe 

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1 gram and retain their status as tenants under the 

2 covered housing program if— 

3 ‘‘(A) the tenant expressly requests to 

4 move; 

5 ‘‘(B)(i) the tenant reasonably believes that 

6 the tenant is threatened with imminent harm 

7 from further violence if the tenant remains 

8 within the same dwelling unit assisted under a 

9 covered housing program; or 

10 ‘‘(ii) the sexual assault, domestic violence, 

11 dating violence, or stalking occurred on the 

12 premises during the 90-day period preceding 

13 the request to move; and 

14 ‘‘(C) the tenant has provided documenta15 tion as described in subparagraph (A), (B), (C) 

16 or (D) of subsection (c)(3) if requested by a 

17 public housing agency or owner or manager; 

18 ‘‘(2) incorporates reasonable confidentiality 

19 measures to ensure that the public housing agency 

20 or owner or manager does not disclose the location 

21 of the dwelling unit of a tenant to a person that 

22 commits an act of domestic violence, dating violence, 

23 sexual assault, or stalking against the tenant; 


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1 ‘‘(3) describes how the appropriate agency will 

2 coordinate relocations or transfers between dwelling 

3 units assisted under a covered housing program; 

4 ‘‘(4) takes into consideration the existing rules 

5 and regulations of the covered housing program; 

6 ‘‘(5) is tailored to the specific type of the cov7 ered housing program based on the volume and 

8 availability of dwelling units under the control or 

9 management of the public housing agency, owner, or 

10 manager; and 

11 ‘‘(6) provides guidance for use in situations in 

12 which it is not feasible for an individual public hous13 ing agency, owner, or manager to effectuate a trans14 fer. 

15 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

16 TRANSFER.—The Secretary of Housing and Urban Devel17 opment shall establish policies and procedures under 

18 which a victim requesting an emergency transfer under 

19 subsection (e) may receive, subject to the availability of 

20 tenant protection vouchers for assistance under section 

21 8(o)(16) of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f(o)(16)), assistance under such section. 

23 ‘‘(g) IMPLEMENTATION.—The appropriate agency 

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1 ment this section, as this section applies to the covered 

2 housing program.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) SECTION 6.—Section 6 of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437d) is amend6 ed— 

7 (A) in subsection (c)— 

8 (i) by striking paragraph (3); and 

9 (ii) by redesignating paragraphs (4) 

10 and (5) as paragraphs (3) and (4), respec11 tively; 

12 (B) in subsection (l)— 

13 (i) in paragraph (5), by striking ‘‘, 

14 and that an incident’’ and all that follows 

15 through ‘‘victim of such violence’’; and 

16 (ii) in paragraph (6), by striking ‘‘; 

17 except that’’ and all that follows through 

18 ‘‘stalking.’’; and 

19 (C) by striking subsection (u). 

20 (2) SECTION 8.—Section 8 of the United States 

21 Housing Act of 1937 (42 U.S.C. 1437f) is amend22 ed— 

23 (A) in subsection (c), by striking para24 graph (9); 

25 (B) in subsection (d)(1)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘and that an applicant’’ and all that fol3 lows through ‘‘assistance or admission’’; 

4 and 

5 (ii) in subparagraph (B)— 

6 (I) in clause (ii), by striking ‘‘, 

7 and that an incident’’ and all that fol8 lows through ‘‘victim of such vio9 lence’’; and 

10 (II) in clause (iii), by striking ‘‘, 

11 except that:’’ and all that follows 

12 through ‘‘stalking.’’; 

13 (C) in subsection (f)— 

14 (i) in paragraph (6), by adding ‘‘and’’ 

15 at the end; 

16 (ii) in paragraph (7), by striking the 

17 semicolon at the end and inserting a pe18 riod; and 

19 (iii) by striking paragraphs (8), (9), 

20 (10), and (11); 

21 (D) in subsection (o)— 

22 (i) in paragraph (6)(B), by striking 

23 the last sentence; 

24 (ii) in paragraph (7)— 


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1 (I) in subparagraph (C), by strik2 ing ‘‘and that an incident’’ and all 

3 that follows through ‘‘victim of such 

4 violence’’; and 

5 (II) in subparagraph (D), by 

6 striking ‘‘; except that’’ and all that 

7 follows through ‘‘stalking.’’; and 

8 (iii) by striking paragraph (20); and 

9 (E) by striking subsection (ee). 

10 (3) RULE OF CONSTRUCTION.—Nothing in this 

11 Act, or the amendments made by this Act, shall be 

12 construed— 

13 (A) to limit the rights or remedies avail14 able to any person under section 6 or 8 of the 

15 United States Housing Act of 1937 (42 U.S.C. 

16 1437d and 1437f), as in effect on the day be17 fore the date of enactment of this Act; 

18 (B) to limit any right, remedy, or proce19 dure otherwise available under any provision of 

20 part 5, 91, 880, 882, 883, 884, 886, 891, 903, 

21 960, 966, 982, or 983 of title 24, Code of Fed22 eral Regulations, that— 

23 (i) was issued under the Violence 

24 Against Women and Department of Jus25 tice Reauthorization Act of 2005 (Public 


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1 Law 109–162; 119 Stat. 2960) or an 

2 amendment made by that Act; and 

3 (ii) provides greater protection for vic4 tims of domestic violence, dating violence, 

5 sexual assault, and stalking than this Act 

6 or the amendments made by this Act; or 

7 (C) to disqualify an owner, manager, or 

8 other individual from participating in or receiv9 ing the benefits of the low-income housing tax 

10 credit program under section 42 of the Internal 

11 Revenue Code of 1986 because of noncompli12 ance with the provisions of this Act or the 

13 amendments made by this Act. 

14 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

15 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT16 ING VIOLENCE, SEXUAL ASSAULT, AND 

17 STALKING. 

18 Chapter 11 of subtitle B of the Violence Against 

19 Women Act of 1994 (42 U.S.C. 13975; as added by sec20 tion 611 of Public Law 108–21 (117 Stat. 693)) is amend21 ed— 

22 (1) in the chapter heading, by striking 

23 ‘‘CHILD VICTIMS OF DOMESTIC VIO24 LENCE, STALKING, OR SEXUAL AS25 SAULT’’ and inserting ‘‘VICTIMS OF DOVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 MESTIC VIOLENCE, DATING VIO2 LENCE, SEXUAL ASSAULT, OR STALK3 ING’’; and 

4 (2) in section 40299 (42 U.S.C. 13975)— 

5 (A) in the header, by striking ‘‘CHILD

6 VICTIMS OF DOMESTIC VIOLENCE, STALK7 ING, OR SEXUAL ASSAULT’’ and inserting 

8 ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT9 ING VIOLENCE, SEXUAL ASSAULT, OR

10 STALKING’’; 

11 (B) in subsection (a)(1), by striking ‘‘flee12 ing’’; 

13 (C) by striking subsection (f); and 

14 (D) in subsection (g)— 

15 (i) in paragraph (1), by striking 

16 ‘‘$40,000,000 for each of the fiscal years 

17 2007 through 2011’’ and inserting 

18 ‘‘$35,000,000 for each of fiscal years 2013 

19 through 2017’’; and 

20 (ii) in paragraph (3)— 

21 (I) in subparagraph (A), by strik22 ing ‘‘eligible’’ and inserting ‘‘quali23 fied’’; and 

24 (II) by adding at the end the fol25 lowing: 


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1 ‘‘(D) QUALIFIED APPLICATION DE2 FINED.—In this paragraph, the term ‘qualified 

3 application’ means an application that— 

4 ‘‘(i) has been submitted by an eligible 

5 applicant; 

6 ‘‘(ii) does not propose any significant 

7 activities that may compromise victim safe8 ty; 

9 ‘‘(iii) reflects an understanding of the 

10 dynamics of domestic violence, dating vio11 lence, sexual assault, or stalking; and 

12 ‘‘(iv) does not propose prohibited ac13 tivities, including mandatory services for 

14 victims, background checks of victims, or 

15 clinical evaluations to determine eligibility 

16 for services.’’. 

17 SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

18 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

19 SEXUAL ASSAULT, AND STALKING. 

20 Subtitle N of the Violence Against Women Act of 

21 1994 (42 U.S.C. 14043e et seq.) is amended— 

22 (1) in section 41404(i) (42 U.S.C. 14043e– 

23 3(i)), by striking ‘‘$10,000,000 for each of fiscal 

24 years 2007 through 2011’’ and inserting 


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1 ‘‘$4,000,000 for each of fiscal years 2013 through 

2 2017’’; and 

3 (2) in section 41405(g) (42 U.S.C. 14043e– 

4 4(g)), by striking ‘‘$10,000,000 for each of fiscal 

5 years 2007 through 2011’’ and inserting 

6 ‘‘$4,000,000 for each of fiscal years 2013 through 

7 2017’’. 

8 TITLE VII—ECONOMIC SECURITY 

9 FOR VICTIMS OF VIOLENCE 

10 SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 

11 RESPONSES TO ASSIST VICTIMS OF DOMES12 TIC AND SEXUAL VIOLENCE. 

13 Section 41501(e) of the Violence Against Women Act 

14 of 1994 (42 U.S.C. 14043f(e)) is amended by striking 

15 ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal 

16 years 2013 through 2017’’. 

17 TITLE VIII—IMMIGRATION 

18 PROVISIONS 

19 SEC. 801. FRAUD PREVENTION INITIATIVES. 

20 (a) CREDIBLE EVIDENCE CONSIDERED.—Section 

21 240A(b)(2) of the Immigration and Nationality Act (8 

22 U.S.C. 1229b) is amended by striking subparagraph (D) 

23 and inserting the following: 

24 ‘‘(D) CREDIBLE EVIDENCE CONSID25 ERED.—In acting on applications under this 


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1 paragraph, the Attorney General shall consider 

2 any credible evidence relevant to the applica3 tion, including credible evidence submitted by a 

4 national of the United States or an alien law5 fully admitted for permanent residence accused 

6 of the conduct described in subparagraph (A)(i) 

7 so long as this evidence is not gathered in viola8 tion of section 384 of the Illegal Immigration 

9 Reform and Immigrant Responsibility Act of 

10 1996.’’. 

11 (b) APPLICATION OF SPECIAL RULE FOR BATTERED

12 SPOUSE, PARENT, OR CHILD.—Section 204(a)(1) of the 

13 Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) 

14 is amended— 

15 (1) in subparagraph (A)(iii), by inserting after 

16 subclause (II) the following: 

17 ‘‘(III)(aa) Upon filing, each petition under 

18 this clause shall be assigned to an investigative 

19 officer for adjudication and final determination 

20 of eligibility. 

21 ‘‘(bb) During the adjudication of each peti22 tion under this paragraph, an investigative offi23 cer from a local office of United States Citizen24 ship and Immigration Services shall conduct an 

25 in-person interview of the alien who filed the 


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1 petition. The investigative officer may also 

2 gather other evidence so long as this evidence is 

3 not gathered in violation of section 384 of the 

4 Illegal Immigration Reform and Immigrant Re5 sponsibility Act of 1996. The investigative offi6 cer who conducted the in-person interview shall 

7 provide to the investigative officer who is re8 sponsible for the adjudication and final deter9 mination of eligibility a summary of the inter10 view and any other evidence gathered and a de11 termination of the credibility of the interviewee 

12 and other evidence gathered. 

13 ‘‘(cc) All interviews under this clause shall 

14 be conducted under oath and subject to applica15 ble penalties for perjury. 

16 ‘‘(dd) The investigative officer who is re17 sponsible for the adjudication and final deter18 mination of eligibility shall determine whether 

19 the petitioner had filed previous applications or 

20 petitions for immigration benefits that had been 

21 denied and whether the petitioner had been the 

22 beneficiary of a previous petition filed pursuant 

23 to this section that had been denied. If either 

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1 sider the denials and the reasons for the denials 

2 as part of the adjudication of the petition. 

3 ‘‘(ee) The investigative officer who is re4 sponsible for the adjudication and final deter5 mination of eligibility shall as part of the adju6 dication of the petition consult with the inves7 tigative officer at the local office of United 

8 States Citizenship and Immigration Services 

9 who had conducted the in-person interview of 

10 the alien who filed the petition. 

11 ‘‘(ff) Upon the conclusion of the adjudica12 tion process under this subparagraph, the inves13 tigative officer who is responsible for the adju14 dication and final determination of eligibility 

15 shall issue a final written determination to ap16 prove or deny the petition. The investigative of17 ficer shall not approve the petition unless the 

18 officer finds, in writing and with particularity, 

19 that all requirements under this paragraph, in20 cluding proof that the alien is a victim of the 

21 conduct described in clause (iii)(I)(bb), have 

22 been proven by a preponderance of the evidence. 

23 ‘‘(IV) During the adjudication of a petition 

24 under this clause— 


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1 ‘‘(aa) the petition shall not be granted 

2 unless the petition is supported by a pre3 ponderance of the evidence; and 

4 ‘‘(bb) all credible evidence submitted 

5 by an accused national of the United 

6 States or alien lawfully admitted for per7 manent residence shall be considered so 

8 long as this evidence was not gathered in 

9 violation of section 384 of the Illegal Im10 migration Reform and Immigrant Respon11 sibility Act of 1996. 

12 ‘‘(V)(aa) During the adjudication of a peti13 tion under this paragraph, the investigative offi14 cer who is responsible for the adjudication and 

15 final determination of eligibility shall determine 

16 whether any Federal, State, territorial, tribal, 

17 or local law enforcement agency has undertaken 

18 an investigation or prosecution of the abusive 

19 conduct alleged by the petitioning alien. 

20 ‘‘(bb) If an investigation or prosecution 

21 was commenced, the investigative officer shall— 

22 ‘‘(AA) obtain as much information as 

23 possible about the investigation or prosecu24 tion; and 


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1 ‘‘(BB) consider that information as 

2 part of the adjudication of the petition. 

3 ‘‘(cc) If an investigation or prosecution is 

4 pending, the adjudication of the petition shall 

5 be stayed pending the conclusion of the inves6 tigation or prosecution. If no investigation has 

7 been undertaken or if a prosecutor’s office has 

8 not commenced a prosecution after the matter 

9 was referred to it, that fact shall be considered 

10 by the investigative officer as part of the adju11 dication of the petition. 

12 ‘‘(VI) If a petition filed under this para13 graph is denied, any obligations under an un14 derlying affidavit of support previously filed by 

15 the accused national of the United States or 

16 alien lawfully admitted for permanent residence 

17 shall be terminated.’’; 

18 (2) in subparagraph (A)(iv), by adding at the 

19 end the following: ‘‘The petition shall be adjudicated 

20 according to the procedures that apply to self-peti21 tioners under clause (iii).’’; 

22 (3) in subparagraph (A)(vii), by adding at the 

23 end the following continuation text: 

24 ‘‘The petition shall be adjudicated according to the proce25 dures that apply to self-petitioners under clause (iii).’’. 


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1 (4) in subparagraph (B)(ii), by inserting after 

2 subclause (II) the following: 

3 ‘‘(III)(aa) Upon filing, each petition under 

4 this clause shall be assigned to an investigative 

5 officer for adjudication and final determination 

6 of eligibility. 

7 ‘‘(bb) During the adjudication of each peti8 tion under this paragraph, an investigative offi9 cer from a local office of United States Citizen10 ship and Immigration Services shall conduct an 

11 in-person interview of the alien who filed the 

12 petition. The investigative officer may also 

13 gather other evidence so long as this evidence is 

14 not gathered in violation of section 384 of the 

15 Illegal Immigration Reform and Immigrant Re16 sponsibility Act of 1996. The investigative offi17 cer who conducted the in-person interview shall 

18 provide to the investigative officer who is re19 sponsible for the adjudication and final deter20 mination of eligibility a summary of the inter21 view and any other evidence gathered and a de22 termination of the credibility of the interviewee 

23 and other evidence gathered. 


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1 ‘‘(cc) All interviews under this clause shall 

2 be conducted under oath and subject to applica3 ble penalties for perjury. 

4 ‘‘(dd) The investigative officer who is re5 sponsible for the adjudication and final deter6 mination of eligibility shall determine whether 

7 the petitioner had filed previous applications or 

8 petitions for immigration benefits that had been 

9 denied and whether the petitioner had been the 

10 beneficiary of a previous petition filed pursuant 

11 to this section that had been denied. If either 

12 was the case, the investigative officer shall con13 sider the denials and the reasons for the denials 

14 as part of the adjudication of the petition. 

15 ‘‘(ee) The investigative officer who is re16 sponsible for the adjudication and final deter17 mination of eligibility shall as part of the adju18 dication of the petition consult with the inves19 tigative officer at the local office of United 

20 States Citizenship and Immigration Services 

21 who had conducted the in-person interview of 

22 the alien who filed the petition. 

23 ‘‘(ff) Upon the conclusion of the adjudica24 tion process under this subparagraph, the inves25 tigative officer who is responsible for the adjuVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 dication and final determination of eligibility 

2 shall issue a final written determination to ap3 prove or deny the petition. The investigative of4 ficer shall not approve the petition unless the 

5 officer finds, in writing and with particularity, 

6 that all requirements under this paragraph, in7 cluding proof that the alien is a victim of the 

8 conduct described in clause (ii)(I)(bb), have 

9 been proven by a preponderance of the evidence. 

10 ‘‘(IV) During the adjudication of a petition 

11 under this clause— 

12 ‘‘(aa) the petition shall not be granted 

13 unless the petition is supported by a pre14 ponderance of the evidence; and 

15 ‘‘(bb) all credible evidence submitted 

16 by an accused national of the United 

17 States or alien lawfully admitted for per18 manent residence shall be considered so 

19 long as this evidence was not gathered in 

20 violation of section 384 of the Illegal Im21 migration Reform and Immigrant Respon22 sibility Act of 1996. 

23 ‘‘(V)(aa) During the adjudication of a peti24 tion under this clause, the investigative officer 

25 who is responsible for the adjudication and final 


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1 determination of eligibility shall determine 

2 whether any Federal, State, territorial, tribal, 

3 or local law enforcement agency has undertaken 

4 an investigation or prosecution of the abusive 

5 conduct alleged by the petitioning alien. 

6 ‘‘(bb) If an investigation or prosecution 

7 was commenced, the investigative officer shall— 

8 ‘‘(AA) obtain as much information as 

9 possible about the investigation or prosecu10 tion; and 

11 ‘‘(BB) consider that information as 

12 part of the adjudication of the petition. 

13 ‘‘(cc) If an investigation or prosecution is 

14 pending, the adjudication of the petition shall 

15 be stayed pending the conclusion of the inves16 tigation or prosecution. If no investigation has 

17 been undertaken or if a prosecutor’s office has 

18 not commenced a prosecution after the matter 

19 was referred to it, that fact shall be considered 

20 by the investigative officer as part of the adju21 dication of the petition. 

22 ‘‘(VI) If a petition filed under this clause 

23 is denied, any obligations under an underlying 

24 affidavit of support previously filed by the ac25 cused national of the United States or alien 


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1 lawfully admitted for permanent residence shall 

2 be terminated.’’; and 

3 (5) in subparagraph (B)(iii), by adding at the 

4 end the following: ‘‘The petition shall be adjudicated 

5 according to the procedures that apply to self-peti6 tioners under clause (ii).’’. 

7 SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLI8 CABLE TO U VISAS. 

9 Section 214(p)(1) of the Immigration and Nationality 

10 Act (8 U.S.C. 1184(p)(1)) is amended as follows: 

11 (1) By striking ‘‘The petition’’ and inserting 

12 the following: 

13 ‘‘(A) IN GENERAL.—The petition’’. 

14 (2) By adding at the end the following: 

15 ‘‘(B) CERTIFICATION REQUIREMENTS.— 

16 Each certification submitted under subpara17 graph (A) shall confirm under oath that— 

18 ‘‘(i) the criminal activity is actively 

19 under investigation or a prosecution has 

20 been commenced; and 

21 ‘‘(ii) the petitioner has provided to law 

22 enforcement information that will assist in 

23 identifying the perpetrator of the criminal 

24 activity or the perpetrator’s identity is 

25 known. 


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1 ‘‘(C) REQUIREMENT FOR CERTIFI2 CATION.—No application for a visa under sec3 tion 101(a)(15)(U) may be granted unless ac4 companied by the certification as described in 

5 this paragraph.’’. 

6 SEC. 803. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

7 CITIZEN. 

8 (a) IN GENERAL.—Section 214 of the Immigration 

9 and Nationality Act (8 U.S.C. 1184) is amended— 

10 (1) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘crime.’’ 

12 and inserting ‘‘crime described in paragraph 

13 (3)(B) and information on any permanent pro14 tection or restraining order issued against the 

15 petitioner related to any specified crime de16 scribed in paragraph (3)(B)(i).’’; and 

17 (B) in paragraph (3)(B)(i), by striking 

18 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

19 stalking, or an attempt to commit any such 

20 crime.’’; and 

21 (2) in subsection (r)— 

22 (A) in paragraph (1), by striking ‘‘crime.’’ 

23 and inserting ‘‘crime described in paragraph 

24 (5)(B) and information on any permanent pro25 tection or restraining order issued against the 


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1 petitioner related to any specified crime de2 scribed in subsection (5)(B)(i).’’; and 

3 (B) in paragraph (5)(B)(i), by striking 

4 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

5 stalking, or an attempt to commit any such 

6 crime.’’. 

7 (b) PROVISION OF INFORMATION TO K NON8 IMMIGRANTS.—Section 833 of the International Marriage 

9 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 

10 amended in subsection (b)(1)(A), by striking ‘‘or’’ after 

11 ‘‘orders’’ and inserting ‘‘and’’. 

12 SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE 

13 BROKERS. 

14 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR15 RIAGE BROKER ACT OF 2005.—Not later than 90 days 

16 after the date of the enactment of this Act, the Attorney 

17 General shall submit to Congress a report that includes 

18 the name of the component of the Department of Justice 

19 responsible for prosecuting violations of the International 

20 Marriage Broker Act of 2005 (subtitle D of Public Law 

21 109–162; 119 Stat. 3066) and the amendments made by 

22 this title. 

23 (b) REGULATION OF INTERNATIONAL MARRIAGE

24 BROKERS.—Section 833(d) of the International Marriage 


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1 Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 

2 amended as follows: 

3 (1) By amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) PROHIBITION ON MARKETING OF OR TO

6 CHILDREN.— 

7 ‘‘(A) IN GENERAL.—An international mar8 riage broker shall not provide any individual or 

9 entity with personal contact information, photo10 graph, or general information about the back11 ground or interests of any individual under the 

12 age of 18. 

13 ‘‘(B) COMPLIANCE.—To comply with the 

14 requirements of subparagraph (A), an inter15 national marriage broker shall— 

16 ‘‘(i) obtain a valid copy of each for17 eign national client’s birth certificate or 

18 other proof of age document issued by an 

19 appropriate government entity; 

20 ‘‘(ii) indicate on such certificate or 

21 document the date it was received by the 

22 international marriage broker; 

23 ‘‘(iii) retain the original of such cer24 tificate or document for 5 years after such 

25 date of receipt; and 


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1 ‘‘(iv) produce such certificate or docu2 ment upon request to an appropriate au3 thority charged with the enforcement of 

4 this paragraph.’’. 

5 (2) In paragraph (2)(B)(ii), by striking ‘‘or 

6 stalking.’’ and inserting ‘‘stalking, or an attempt to 

7 commit any such crime.’’. 

8 SEC. 805. GAO REPORT. 

9 (a) REQUIREMENT FOR REPORT.—Not later than 1 

10 year after the date of the enactment of this Act, the Comp11 troller General of the United States shall submit to the 

12 Committee on the Judiciary of the Senate and the Com13 mittee on the Judiciary of the House of Representatives 

14 a report regarding the adjudication of petitions and appli15 cations under section 101(a)(15)(U) of the Immigration 

16 and Nationality Act (8 U.S.C. 1101(a)(15)(U)) and the 

17 self-petitioning process for VAWA self-petitioners (as that 

18 term is defined in section 101(a)(51) of the Immigration 

19 and Nationality Act (8 U.S.C. 1101(a)(51)). 

20 (b) CONTENTS.—The report required by subsection 

21 (a) shall— 

22 (1) assess the efficiency and reliability of the 

23 process for reviewing such petitions and applications, 

24 including whether the process includes adequate 

25 safeguards against fraud and abuse; and 


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1 (2) identify possible improvements to the adju2 dications of petitions and applications in order to re3 duce fraud and abuse. 

4 SEC. 806. TEMPORARY NATURE OF U VISA STATUS. 

5 (a) IN GENERAL.—Section 245(m) of the Immigra6 tion and Nationality Act (8 U.S.C. 1255(m)) is amended 

7 by striking ‘‘the alien is not described’’ and inserting ‘‘the 

8 individual who was convicted of the criminal activity re9 ferred to in section 101(a)(15)(U)(i)(I) that was the basis 

10 for the alien being admitted into the United States (or 

11 otherwise provided nonimmigrant status) under section 

12 101(a)(15)(U) was himself or herself an alien and has 

13 been physically removed to the foreign state of which the 

14 alien with nonimmigrant status under section 

15 101(a)(15)(U) is a national, and if the alien with non16 immigrant status under section 101(a)(15)(U) is not de17 scribed’’. 

18 (b) DURATION OF NONIMMIGRANT STATUS.—Section 

19 214(p)(6) of such Act (8 U.S.C. 1184(p)(6)) is amended 

20 by striking ‘‘if the alien is eligible for relief under section 

21 245(m) and is unable to obtain such relief because regula22 tions have not been issued to implement such section and 

23 shall be extended’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply to applications for adjustment of 


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1 status submitted on or after the date of the enactment 

2 of this Act, and to previously filed applications that are 

3 pending on the date of enactment of this Act. 

4 SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICA5 TIONS MADE BY VICTIMS OF ABUSE. 

6 Not later than December 1, 2012, and annually 

7 thereafter, the Secretary of Homeland Security shall sub8 mit to the Committee on the Judiciary of the Senate and 

9 the Committee on the Judiciary of the House of Rep10 resentatives a report that includes the following: 

11 (1) The number of aliens who— 

12 (A) submitted an application for non13 immigrant status under paragraph (15)(T)(i), 

14 (15)(U)(i), or (51) of section 101(a) of the Im15 migration and Nationality Act (8 U.S.C. 

16 1101(a)) during the preceding fiscal year; 

17 (B) were granted such nonimmigrant sta18 tus during such fiscal year; or 

19 (C) were denied such nonimmigrant status 

20 during such fiscal year. 

21 (2) The mean amount of time and median 

22 amount of time to adjudicate an application for such 

23 nonimmigrant status during such fiscal year. 

24 (3) The mean amount of time and median 

25 amount of time between the receipt of an application 


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1 for such nonimmigrant status and the issuance of 

2 work authorization to an eligible applicant during 

3 the preceding fiscal year. 

4 (4) The number of aliens granted continued 

5 presence in the United States under section 

6 107(c)(3) of the Trafficking Victims Protection Act 

7 of 2000 (22 U.S.C. 7105(c)(3)) during the pre8 ceding fiscal year. 

9 (5) A description of any actions being taken to 

10 reduce the adjudication and processing time, while 

11 ensuring the safe and competent processing, of an 

12 application described in paragraph (1) or a request 

13 for continued presence referred to in paragraph (4). 

14 (6) The actions being taken to combat fraud 

15 and to ensure program integrity. 

16 (7) Each type of criminal activity by reason of 

17 which an alien received nonimmigrant status under 

18 section 101(a)(15)(U) of the Immigration and Na19 tionality Act (8 U.S.C. 1101(a)(15)(U)) during the 

20 preceding fiscal year and the number of occurrences 

21 of that criminal activity that resulted in such aliens 

22 receiving such status. 


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1 SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PE2 TITIONERS. 

3 Section 204(l)(2) of the Immigration and Nationality 

4 Act (8 U.S.C. 1154(l)(2)) is amended— 

5 (1) in subparagraph (E), by striking ‘‘or’’ at 

6 the end; 

7 (2) by redesignating subparagraph (F) as sub8 paragraph (G); and 

9 (3) by inserting after subparagraph (E) the fol10 lowing: 

11 ‘‘(F) a child of an alien who filed a pend12 ing or approved petition for classification or ap13 plication for adjustment of status or other ben14 efit specified in section 101(a)(51) as a VAWA 

15 self-petitioner; or’’. 

16 SEC. 809. PUBLIC CHARGE. 

17 Section 212(a)(4) of the Immigration and Nationality 

18 Act (8 U.S.C. 1182(a)(4)) is amended by adding at the 

19 end the following: 

20 ‘‘(E) SPECIAL RULE FOR QUALIFIED

21 ALIEN VICTIMS.—Subparagraphs (A), (B), and 

22 (C) shall not apply to an alien who— 

23 ‘‘(i) is a VAWA self-petitioner; 

24 ‘‘(ii) is an applicant for, or is granted, 

25 nonimmigrant status under section 

26 101(a)(15)(U); or 


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1 ‘‘(iii) is a qualified alien described in 

2 section 431(c) of the Personal Responsi3 bility and Work Opportunity Reconciliation 

4 Act of 1996 (8 U.S.C. 1641(c)).’’. 

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

6 Section 214(p) of the Immigration and Nationality 

7 Act (8 U.S.C. 1184(p)) is amended by adding at the end 

8 the following: 

9 ‘‘(7) AGE DETERMINATIONS.— 

10 ‘‘(A) CHILDREN.—An unmarried alien who 

11 seeks to accompany, or follow to join, a parent 

12 granted status under section 101(a)(15)(U)(i), 

13 and who was under 21 years of age on the date 

14 on which such parent petitioned for such status, 

15 shall continue to be classified as a child for pur16 poses of section 101(a)(15)(U)(ii), if the alien 

17 attains 21 years of age after such parent’s peti18 tion was filed but while it was pending. 

19 ‘‘(B) PRINCIPAL ALIENS.—An alien de20 scribed in clause (i) of section 101(a)(15)(U) 

21 shall continue to be treated as an alien de22 scribed in clause (ii)(I) of such section if the 

23 alien attains 21 years of age after the alien’s 

24 application for status under such clause (i) is 

25 filed but while it is pending.’’. 


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1 SEC. 811. HARDSHIP WAIVERS. 

2 Section 216(c)(4) of the Immigration and Nationality 

3 Act (8 U.S.C. 1186a(c)(4)) is amended— 

4 (1) in subparagraph (A), by striking the comma 

5 at the end and inserting a semicolon; 

6 (2) in subparagraph (B), by striking ‘‘(1), or’’ 

7 and inserting ‘‘(1); or’’; 

8 (3) in subparagraph (C), by striking the period 

9 at the end and inserting a semicolon and ‘‘or’’; and 

10 (4) by inserting after subparagraph (C) the fol11 lowing: 

12 ‘‘(D) the alien meets the requirements 

13 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

14 following the marriage ceremony was battered 

15 by or subject to extreme cruelty perpetrated by 

16 the alien’s intended spouse and was not at fault 

17 in failing to meet the requirements of para18 graph (1).’’. 

19 SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL 

20 SECURITY PURPOSE. 

21 (a) INFORMATION SHARING.—Section 384(b) of the 

22 Illegal Immigration Reform and Immigrant Responsibility 

23 Act of 1996 (8 U.S.C. 1367(b)) is amended— 

24 (1) in paragraph (1)— 


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1 (A) by inserting ‘‘Secretary of Homeland 

2 Security or the’’ before ‘‘Attorney General 

3 may’’; and 

4 (B) by inserting ‘‘Secretary’s or the’’ be5 fore ‘‘Attorney General’s discretion’’; 

6 (2) in paragraph (2)— 

7 (A) by inserting ‘‘Secretary of Homeland 

8 Security or the’’ before ‘‘Attorney General 

9 may’’; 

10 (B) by inserting ‘‘Secretary or the’’ before 

11 ‘‘Attorney General for’’; and 

12 (C) by inserting ‘‘in a manner that pro13 tects the confidentiality of such information’’ 

14 after ‘‘law enforcement purpose’’; 

15 (3) in paragraph (5), by striking ‘‘Attorney 

16 General is’’ and inserting ‘‘Secretary of Homeland 

17 Security and the Attorney General are’’; and 

18 (4) by adding at the end a new paragraph as 

19 follows: 

20 ‘‘(8) Notwithstanding subsection (a)(2), the 

21 Secretary of Homeland Security, the Secretary of 

22 State, or the Attorney General may provide in the 

23 discretion of either such Secretary or the Attorney 

24 General for the disclosure of information to national 

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1 curity purpose in a manner that protects the con2 fidentiality of such information.’’. 

3 (b) GUIDELINES.—Subsection (d) (as added by sec4 tion 817(4) of the Violence Against Women and Depart5 ment of Justice Reauthorization Act of 2005) of section 

6 384 of the Illegal Immigration Reform and Immigrant Re7 sponsibility Act of 1996 (8 U.S.C. 1367(d)) is amended 

8 by inserting ‘‘and severe forms of trafficking in persons 

9 or criminal activity listed in section 101(a)(15)(U) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(15)(u))’’ after ‘‘domestic violence’’. 

12 (c) IMPLEMENTATION.—Not later than 180 days 

13 after the date of enactment of this Act, the Attorney Gen14 eral and Secretary of Homeland Security shall provide the 

15 guidance required by section 384(d) of the Illegal Immi16 gration Reform and Immigrant Responsibility Act of 1996 

17 (8 U.S.C. 1367(d)), consistent with the amendments made 

18 by subsections (a) and (b). 

19 (d) CLERICAL AMENDMENT.—Section 384(a)(1) of 

20 the Illegal Immigration Reform and Immigrant Responsi21 bility Act of 1996 is amended by striking ‘‘241(a)(2)’’ in 

22 the matter following subparagraph (F) and inserting 

23 ‘‘237(a)(2)’’. 


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1 SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE 

2 WITH LAW ENFORCEMENT OFFICIALS. 

3 (a) REQUIREMENT FOR REPORT.—Not later than 3 

4 years after the date of enactment of this Act, the Comp5 troller General of the United States shall submit a report 

6 to the Committee on the Judiciary of the Senate and the 

7 Committee on the Judiciary of the House of Representa8 tives a report regarding the adjudication of petitions and 

9 applications under section 101(a)(15)(U) of the Immigra10 tion and Nationality Act (8 U.S.C. 1101(a)(15)(U)). 

11 (b) CONTENTS.—The report required by subsection 

12 (a) shall— 

13 (1) assess the effectiveness of the requirements 

14 set out in Section 802 of this Act in ensuring that 

15 potential U visa recipients aid in the investigation, 

16 apprehension, and prosecution of criminals; 

17 (2) determine the effect of the requirements set 

18 out in Section 802 of this Act, on the number of U 

19 visas issued annually; and 

20 (3) determine the effect of the requirements set 

21 out in Section 802 of this Act, on the number of in22 dividuals seeking U visas. 

23 SEC. 814. CONSIDERATION OF OTHER EVIDENCE. 

24 Section 237(a)(2)(E)(i) of the Immigration and Na25 tionality Act (8 U.S.C. 1227(a)(2)(E)(i)) is amended by 

26 adding at the end the following: ‘‘If the conviction records 


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1 do not conclusively establish whether a crime of domestic 

2 violence constitutes a crime of violence (as defined in sec3 tion 16 of title 18, United States Code), the Attorney Gen4 eral may consider any other evidence that the Attorney 

5 General determines to be reliable in making this deter6 mination, including sentencing reports and police re7 ports.’’. 

8 TITLE IX—SAFETY FOR INDIAN 

9 WOMEN 

10 SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

11 Section 2015(a) of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

13 10(a)) is amended— 

14 (1) in paragraph (2), by inserting ‘‘sex traf15 ficking,’’ after ‘‘sexual assault,’’; 

16 (2) in paragraph (4), by inserting ‘‘sex traf17 ficking,’’ after ‘‘sexual assault,’’; 

18 (3) in paragraph (5), by striking ‘‘and stalking’’ 

19 and all that follows and inserting ‘‘sexual assault, 

20 sex trafficking, and stalking;’’; 

21 (4) in paragraph (7)— 

22 (A) by inserting ‘‘sex trafficking,’’ after 

23 ‘‘sexual assault,’’ each place it appears; and 

24 (B) by striking ‘‘and’’ at the end; 

25 (5) in paragraph (8)— 


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1 (A) by inserting ‘‘sex trafficking,’’ after 

2 ‘‘stalking,’’; and 

3 (B) by striking the period at the end and 

4 inserting a semicolon; and 

5 (6) by adding at the end the following: 

6 ‘‘(9) provide services to address the needs of 

7 youth who are victims of domestic violence, dating 

8 violence, sexual assault, sex trafficking, or stalking 

9 and the needs of children exposed to domestic vio10 lence, dating violence, sexual assault, or stalking, in11 cluding support for the nonabusing parent or the 

12 caretaker of the child; and 

13 ‘‘(10) develop and promote legislation and poli14 cies that enhance best practices for responding to 

15 violent crimes against Indian women, including the 

16 crimes of domestic violence, dating violence, sexual 

17 assault, sex trafficking, and stalking.’’. 

18 SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

19 Section 2001(d) of title I of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 

21 is amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (B), by striking 

24 ‘‘and’’ at the end; 


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1 (B) in subparagraph (C), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(D) developing and promoting State, 

5 local, or tribal legislation and policies that en6 hance best practices for responding to violent 

7 crimes against Indian women, including the 

8 crimes of domestic violence, dating violence, 

9 sexual assault, stalking, and sex trafficking.’’; 

10 and 

11 (2) in paragraph (2)(B), by striking ‘‘individ12 uals or’’. 

13 SEC. 903. CONSULTATION. 

14 Section 903 of the Violence Against Women and De15 partment of Justice Reauthorization Act of 2005 (42 

16 U.S.C. 14045d) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘and the Violence Against 

19 Women Act of 2000’’ and inserting ‘‘, the Vio20 lence Against Women Act of 2000’’; and 

21 (B) by inserting ‘‘, and the Violence 

22 Against Women Reauthorization Act of 2012’’ 

23 before the period at the end; 

24 (2) in subsection (b)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘Secretary of the Department of 

3 Health and Human Services’’ and inserting 

4 ‘‘Secretary of Health and Human Services, the 

5 Secretary of the Interior,’’; and 

6 (B) in paragraph (2), by striking ‘‘and 

7 stalking’’ and inserting ‘‘stalking, and sex traf8 ficking’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

11 submit to Congress an annual report on the annual con12 sultations required under subsection (a) that— 

13 ‘‘(1) contains the recommendations made under 

14 subsection (b) by Indian tribes during the year cov15 ered by the report; 

16 ‘‘(2) describes actions taken during the year 

17 covered by the report to respond to recommenda18 tions made under subsection (b) during the year or 

19 a previous year; and 

20 ‘‘(3) describes how the Attorney General will 

21 work in coordination and collaboration with Indian 

22 tribes, the Secretary of Health and Human Services, 

23 and the Secretary of the Interior to address the rec24 ommendations made under subsection (b). 


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1 ‘‘(d) NOTICE.—Not later than 120 days before the 

2 date of a consultation under subsection (a), the Attorney 

3 General shall notify tribal leaders of the date, time, and 

4 location of the consultation.’’. 

5 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

6 INDIAN WOMEN. 

7 (a) IN GENERAL.—Section 904(a) of the Violence 

8 Against Women and Department of Justice Reauthoriza9 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend10 ed— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘The National’’ and insert13 ing ‘‘Not later than 2 years after the date of 

14 enactment of the Violence Against Women Re15 authorization Act of 2012, the National’’; and 

16 (B) by inserting ‘‘and in Native villages 

17 (as defined in section 3 of the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1602))’’ be19 fore the period at the end; 

20 (2) in paragraph (2)(A)— 

21 (A) in clause (iv), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (v), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(vi) sex trafficking.’’; 

2 (3) in paragraph (4), by striking ‘‘this Act’’ and 

3 inserting ‘‘the Violence Against Women Reauthoriza4 tion Act of 2012’’; and 

5 (4) in paragraph (5), by striking ‘‘this section 

6 $1,000,000 for each of fiscal years 2007 and 2008’’ 

7 and inserting ‘‘this subsection $1,000,000 for each 

8 of fiscal years 2013 and 2014’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 905(b)(2) of the Violence Against Women and Depart11 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

12 534 note) is amended by striking ‘‘fiscal years 2007 

13 through 2011’’ and inserting ‘‘fiscal years 2013 through 

14 2017’’. 

15 SEC. 905. ASSISTANT UNITED STATES ATTORNEY DOMES16 TIC VIOLENCE TRIBAL LIAISONS. 

17 (a) APPOINTMENT.—The Attorney General is author18 ized and encouraged to appoint the Assistant United 

19 States Attorney Tribal Liaison appointed in each judicial 

20 district that includes Indian country to also serve as a do21 mestic violence tribal liaison. 

22 (b) DUTIES.—The duties of a domestic violence tribal 

23 liaison appointed under this section shall include the fol24 lowing: 


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1 (1) Encouraging and assisting in arrests and 

2 Federal prosecution for crimes, including mis3 demeanor crimes, of domestic violence, dating vio4 lence, sexual assault, and stalking that occur in In5 dian country. 

6 (2) Conducting training sessions for tribal law 

7 enforcement officers and other individuals and enti8 ties responsible for responding to crimes in Indian 

9 country to ensure that such officers, individuals, and 

10 entities understand their arrest authority over non11 Indian offenders. 

12 (3) Developing multidisciplinary teams to com13 bat domestic and sexual violence offenses against In14 dians by non-Indians. 

15 (4) Consulting and coordinating with tribal jus16 tice officials and victims’ advocates to address any 

17 backlog in the prosecution of crimes, including mis18 demeanor crimes, of domestic violence, dating vio19 lence, sexual assault, and stalking that occur in In20 dian country. 

21 (5) Developing working relationships and main22 taining communication with tribal leaders, tribal 

23 community and victims’ advocates, and tribal justice 

24 officials to gather information from, and share ap25 propriate information with, tribal justice officials. 


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1 (c) INDIAN COUNTRY.—In this section, the term ‘‘In2 dian country’’ has the meaning given such term in section 

3 1151 of title 18. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated such sums as may be 

6 necessary to carry out this section. 

7 TITLE X—CRIMINAL PROVISIONS 

8 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

9 ABUSE. 

10 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

11 2243(b) of title 18, United States Code, is amended to 

12 read as follows: 

13 ‘‘(b) OF A WARD.— 

14 ‘‘(1) OFFENSES.—It shall be unlawful for any 

15 person to knowingly engage, or knowingly attempt to 

16 engage, in a sexual act with another person who is— 

17 ‘‘(A) in official detention or supervised by, 

18 or otherwise under the control of, the United 

19 States— 

20 ‘‘(i) during arrest; 

21 ‘‘(ii) during pretrial release; 

22 ‘‘(iii) while in official detention or cus23 tody; or 

24 ‘‘(iv) while on probation, supervised 

25 release, or parole; 


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1 ‘‘(B) under the professional custodial, su2 pervisory, or disciplinary control or authority of 

3 the person engaging or attempting to engage in 

4 the sexual act; and 

5 ‘‘(C) at the time of the sexual act— 

6 ‘‘(i) in the special maritime and terri7 torial jurisdiction of the United States; 

8 ‘‘(ii) in a Federal prison, or in any 

9 prison, institution, or facility in which per10 sons are held in custody by direction of, or 

11 pursuant to a contract or agreement with, 

12 the United States; or 

13 ‘‘(iii) under supervision or other con14 trol by the United States, or by direction 

15 of, or pursuant to a contract or agreement 

16 with, the United States. 

17 ‘‘(2) PENALTIES.—Whoever violates paragraph 

18 (1)(A) shall— 

19 ‘‘(A) be fined under this title, imprisoned 

20 for not more than 15 years, or both; and 

21 ‘‘(B) if, in the course of committing the 

22 violation of paragraph (1), the person engages 

23 in conduct that would constitute an offense 

24 under section 2241 or 2242 if committed in the 

25 special maritime and territorial jurisdiction of 


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1 the United States, be subject to the penalties 

2 provided for under section 2241 or 2242, re3 spectively.’’. 

4 (b) PENALTIES FOR SEXUAL ABUSE.— 

5 (1) IN GENERAL.—Chapter 13 of title 18, 

6 United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 250. Penalties for sexual abuse 

9 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

10 in the course of committing an offense under this chapter 

11 or under section 901 of the Fair Housing Act (42 U.S.C. 

12 3631) to engage in conduct that would constitute an of13 fense under chapter 109A if committed in the special mar14 itime and territorial jurisdiction of the United States. 

15 ‘‘(b) PENALTIES.—A person that violates subsection 

16 (a) shall be subject to the penalties under the provision 

17 of chapter 109A that would have been violated if the con18 duct was committed in the special maritime and territorial 

19 jurisdiction of the United States, unless a greater penalty 

20 is otherwise authorized by law.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions for chapter 13 of title 18, United States Code, 

23 is amended by adding at the end the following: 

‘‘250. Penalties for sexual abuse.’’. 


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1 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

2 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

3 Rights of Institutionalized Persons Act (42 U.S.C. 

4 1997e(e)) is amended by inserting before the period at the 

5 end the following: ‘‘or the commission of a sexual act (as 

6 defined in section 2246 of title 18, United States Code)’’. 

7 (b) UNITED STATES AS DEFENDANT.—Section 

8 1346(b)(2) of title 28, United States Code, is amended 

9 by inserting before the period at the end the following: 

10 ‘‘or the commission of a sexual act (as defined in section 

11 2246 of title 18)’’. 

12 (c) ADOPTION AND EFFECT OF NATIONAL STAND13 ARDS.—Section 8 of the Prison Rape Elimination Act of 

14 2003 (42 U.S.C. 15607) is amended— 

15 (1) by redesignating subsection (c) as sub16 section (e); and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP20 ERATED BY THE DEPARTMENT OF HOMELAND SECU21 RITY.— 

22 ‘‘(1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of the Violence Against 

24 Women Reauthorization Act of 2012, the Secretary 

25 of Homeland Security shall publish a final rule 

26 adopting national standards for the detection, preVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 vention, reduction, and punishment of rape and sex2 ual assault in facilities that maintain custody of 

3 aliens detained for a violation of the immigrations 

4 laws of the United States. 

5 ‘‘(2) APPLICABILITY.—The standards adopted 

6 under paragraph (1) shall apply to detention facili7 ties operated by the Department of Homeland Secu8 rity and to detention facilities operated under con9 tract with, or pursuant to an intergovernmental 

10 service agreement with, the Department. 

11 ‘‘(3) COMPLIANCE.—The Secretary of Home12 land Security shall— 

13 ‘‘(A) assess compliance with the standards 

14 adopted under paragraph (1) on a regular 

15 basis; and 

16 ‘‘(B) include the results of the assessments 

17 in performance evaluations of facilities com18 pleted by the Department of Homeland Secu19 rity. 

20 ‘‘(4) CONSIDERATIONS.—In adopting standards 

21 under paragraph (1), the Secretary of Homeland Se22 curity shall give due consideration to the rec23 ommended national standards provided by the Com24 mission under section 7(e). 


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1 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP2 ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN

3 SERVICES.— 

4 ‘‘(1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of the Violence Against 

6 Women Reauthorization Act of 2012, the Secretary 

7 of Health and Human Services shall publish a final 

8 rule adopting national standards for the detection, 

9 prevention, reduction, and punishment of rape and 

10 sexual assault in facilities that maintain custody of 

11 unaccompanied alien children (as defined in section 

12 462(g) of the Homeland Security Act of 2002 (6 

13 U.S.C. 279(g))). 

14 ‘‘(2) APPLICABILITY.—The standards adopted 

15 under paragraph (1) shall apply to facilities operated 

16 by the Department of Health and Human Services 

17 and to facilities operated under contract with the 

18 Department. 

19 ‘‘(3) COMPLIANCE.—The Secretary of Health 

20 and Human Services shall— 

21 ‘‘(A) assess compliance with the standards 

22 adopted under paragraph (1) on a regular 

23 basis; and 

24 ‘‘(B) include the results of the assessments 

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1 pleted by the Department of Health and 

2 Human Services. 

3 ‘‘(4) CONSIDERATIONS.—In adopting standards 

4 under paragraph (1), the Secretary of Health and 

5 Human Services shall give due consideration to the 

6 recommended national standards provided by the 

7 Commission under section 7(e).’’. 

8 SEC. 1003. CRIMINAL PROVISION RELATING TO STALKING, 

9 INCLUDING CYBERSTALKING. 

10 (a) IN GENERAL.—Section 2261A of title 18, United 

11 States Code, is amended to read as follows: 

12 ‘‘§ 2261A. Stalking 

13 ‘‘(a) Whoever uses the mail, any interactive computer 

14 service, or any facility of interstate or foreign commerce 

15 to engage in a course of conduct or travels in interstate 

16 or foreign commerce or within the special maritime and 

17 territorial jurisdiction of the United States, or enters or 

18 leaves Indian country, with the intent to kill, injure, har19 ass, or intimidate another person, or place another person 

20 under surveillance with the intent to kill, injure, harass, 

21 or intimidate such person and in the course of, or as a 

22 result of, such travel or course of conduct— 

23 ‘‘(1) places that person in reasonable fear of 

24 the death of, or serious bodily injury to such person, 


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1 a member of their immediate family (as defined in 

2 section 115), or their spouse or intimate partner; or 

3 ‘‘(2) causes or attempts to cause serious bodily 

4 injury or serious emotional distress to such person, 

5 a member of their immediate family (as defined in 

6 section 115), or their spouse or intimate partner; 

7 shall be punished as provided in subsection (b). 

8 ‘‘(b) The punishment for an offense under this sec9 tion is the same as that for an offense under section 2261, 

10 except that if— 

11 ‘‘(1) the offense involves conduct in violation of 

12 a protection order; or 

13 ‘‘(2) the victim of the offense is under the age 

14 of 18 years or over the age of 65 years, the offender 

15 has reached the age of 18 years at the time the of16 fense was committed, and the offender knew or 

17 should have known that the victim was under the 

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

19 the maximum term of imprisonment that may be imposed 

20 is increased by 5 years over the term of imprisonment oth21 erwise provided for that offense in section 2261.’’. 

22 (b) CLERICAL AMENDMENT.—The item relating to 

23 section 2261A in the table of sections at the beginning 

24 of chapter 110A of title 18, United States Code, is amend25 ed to read as follows: 

‘‘2261A. Stalking.’’. 


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1 SEC. 1004. AMENDMENTS TO THE FEDERAL ASSAULT STAT2 UTE. 

3 (a) IN GENERAL.—Section 113 of title 18, United 

4 States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

8 ‘‘(1) Assault with intent to commit murder or 

9 a violation of section 2241 or 2242, by a fine under 

10 this title, imprisonment for not more than 20 years, 

11 or both.’’; 

12 (B) in paragraph (2), by striking ‘‘felony 

13 under chapter 109A’’ and inserting ‘‘violation 

14 of section 2241 or 2242’’; 

15 (C) in paragraph (3), by striking ‘‘and 

16 without just cause or excuse,’’; 

17 (D) in paragraph (4), by striking ‘‘six 

18 months’’ and inserting ‘‘1 year’’; 

19 (E) in paragraph (5), by striking ‘‘1 year’’ 

20 and inserting ‘‘5 years’’; 

21 (F) in paragraph (7)— 

22 (i) by striking ‘‘substantial bodily in23 jury to an individual who has not attained 

24 the age of 16 years’’ and inserting ‘‘sub25 stantial bodily injury to a spouse or inti26 mate partner, a dating partner, or an indiVerDate Mar 15 2010 23:45 May 21, 2012 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.PCS H4970

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1 vidual who has not attained the age of 16 

2 years’’; and 

3 (ii) by striking ‘‘fine’’ and inserting 

4 ‘‘a fine’’; and 

5 (G) by adding at the end the following: 

6 ‘‘(8) Assault of a spouse, intimate partner, or 

7 dating partner by strangling, suffocating, or at8 tempting to strangle or suffocate, by a fine under 

9 this title, imprisonment for not more than 10 years, 

10 or both.’’; and 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘(b) As used in this sub13 section—’’ and inserting the following: 

14 ‘‘(b) In this section—’’; 

15 (B) in paragraph (1)(B), by striking 

16 ‘‘and’’ at the end; 

17 (C) in paragraph (2), by striking the pe18 riod at the end and inserting a semicolon; and 

19 (D) by adding at the end the following: 

20 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

21 intimate partner’ have the meanings given those 

22 terms in section 2266; 

23 ‘‘(4) the term ‘strangling’ means knowingly or 

24 recklessly impeding the normal breathing or circula25 tion of the blood of a person by applying pressure 


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1 to the throat or neck, regardless of whether that 

2 conduct results in any visible injury or whether there 

3 is any intent to kill or protractedly injure the victim; 

4 and 

5 ‘‘(5) the term ‘suffocating’ means knowingly or 

6 recklessly impeding the normal breathing of a person 

7 by covering the mouth of the person, the nose of the 

8 person, or both, regardless of whether that conduct 

9 results in any visible injury or whether there is any 

10 intent to kill or protractedly injure the victim.’’. 

11 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

12 18, United States Code, is amended by striking ‘‘assault 

13 with intent to commit murder, assault with a dangerous 

14 weapon, assault resulting in serious bodily injury (as de15 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

16 assault under section 113’’. 

17 SEC. 1005. MANDATORY MINIMUM SENTENCE. 

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

19 amended— 

20 (1) in subsection (a), in the undesignated mat21 ter following paragraph (2), by striking ‘‘any term 

22 of years or life’’ and inserting ‘‘not less than 10 

23 years or imprisoned for life’’; and 

24 (2) in subsection (b), in the undesignated mat25 ter following paragraph (2), by striking ‘‘any term 


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1 of years or life’’ and inserting ‘‘not less than 5 years 

2 or imprisoned for life’’. 

3 SEC. 1006. FEDERAL PROTECTION ORDERS. 

4 (a) FEDERAL PROTECTION ORDERS.—Chapter 110A 

5 of title 18, United States Code, is amended by inserting 

6 after section 2262 the following: 

7 ‘‘§ 2262A. Federal domestic violence protection orders 

8 involving Indians and Indian country 

9 ‘‘(a) PETITION FOR PROTECTION ORDER.— 

10 ‘‘(1) IN GENERAL.—A victim of an act of do11 mestic violence, or an Indian tribe as parens patriae 

12 on behalf of the victim of an act of domestic vio13 lence, may petition a district court of the United 

14 States to issue a protection order against the person 

15 (whether an Indian or a non-Indian) who is alleged 

16 to have committed the act of domestic violence if— 

17 ‘‘(A) the victim is an Indian or a minor 

18 who resides with or is in the care and custody 

19 of an Indian; 

20 ‘‘(B) the victim resides or is employed at 

21 a place located in the Indian country of the In22 dian tribe that files the petition; and 

23 ‘‘(C) the person against whom the order is 

24 sought is alleged to have committed an act of 

25 domestic violence in the Indian country. 


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1 ‘‘(2) CONTENTS OF PETITION.—A petition filed 

2 under this section shall contain— 

3 ‘‘(A) the facts that meet the requirements 

4 under paragraph (1); 

5 ‘‘(B) the name of each victim on whose be6 half the protection order is sought; 

7 ‘‘(C) the name and, if known, the residen8 tial address of the person against whom the 

9 order is sought; 

10 ‘‘(D) a detailed description of the alleged 

11 act of domestic violence, including the date or 

12 approximate date and the location of the act of 

13 domestic violence; and 

14 ‘‘(E) the relief sought. 

15 ‘‘(3) ISSUANCE OF PROTECTION ORDER.—The 

16 court may issue a protection order in accordance 

17 with this section and subsections (b) and (c) of sec18 tion 2265 and Rule 65(d)(1) of the Federal Rules 

19 of Civil Procedure if the court finds that such order 

20 is reasonably necessary to provide protection against 

21 violence, threats, or harassment against, contact or 

22 communication with, or physical proximity to— 

23 ‘‘(A) a spouse or intimate partner who re24 sides or is employed at a location in the Indian 


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1 country of the Indian tribe involved in the pro2 ceeding; or 

3 ‘‘(B) a minor who resides with or is in the 

4 care or custody of a spouse or intimate partner 

5 who resides or is employed at a location in the 

6 Indian country. 

7 ‘‘(4) SCOPE OF PROTECTION ORDERS.—Any 

8 protection order under this section may— 

9 ‘‘(A) prohibit the person against whom the 

10 order is sought from— 

11 ‘‘(i) threatening to commit or commit12 ting an act of domestic violence against or 

13 otherwise harassing the spouse or intimate 

14 partner or minor who resides with or is in 

15 the care or custody of the spouse or inti16 mate partner; 

17 ‘‘(ii) communicating, directly or indi18 rectly, with the spouse or intimate partner 

19 or minor who resides with or is in the care 

20 or custody of the spouse or intimate part21 ner; and 

22 ‘‘(iii) knowingly coming within a spec23 ified distance from the spouse or intimate 

24 partner or minor who resides with or is in 


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1 the care or custody of the spouse or inti2 mate partner; 

3 ‘‘(B) direct the person against whom the 

4 order is sought to stay away from the residence, 

5 school, or place of employment of the spouse or 

6 intimate partner, or any other specified place 

7 frequented by the spouse or intimate partner, 

8 regardless of whether the residence, school, 

9 place of employment, or other specified place is 

10 located in Indian country; and 

11 ‘‘(C) exclude or bar the person against 

12 whom the order is sought from the Indian coun13 try of the Indian tribe involved in the pro14 ceeding or any portion or area of that Indian 

15 country. 

16 ‘‘(5) EMERGENCY EX PARTE ORDERS.—If a pe17 tition requests an emergency ex-parte protection 

18 order and from the facts alleged in the petition there 

19 appears to be a danger of a further, imminent act 

20 of domestic violence against a victim, the court may 

21 grant an emergency ex-parte protection order 

22 against the person against whom the order is sought 

23 in accordance with the requirements of section 

24 2265(b)(2). 


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1 ‘‘(6) DURATION OF PROTECTION ORDER.—A 

2 protection order under this section may be perma3 nent or of such other shorter duration as the court 

4 determines necessary to protect a victim from a fur5 ther act of domestic violence by the person against 

6 whom the order is sought. 

7 ‘‘(b) VIOLATION OF PROTECTION ORDER.—A person 

8 who intentionally violates a protection order under this 

9 section shall be punished as provided in section 2262(b).’’. 

10 (b) VIOLATION OF FEDERAL PROTECTION ORDER.— 

11 Section 2262(b) of title 18, United States Code, is amend12 ed in the matter preceding paragraph (1), by striking 

13 ‘‘this section’’ and inserting ‘‘this section or a protection 

14 order issued under section 2262A’’. 

15 (c) DEFINITIONS.—Section 2266 of title 18, United 

16 States Code, is amended by inserting after paragraph (10) 

17 the following: 

18 ‘‘(11) ACT OF DOMESTIC VIOLENCE.—The term 

19 ‘act of domestic violence’ means an act or attempted 

20 act of violence or stalking, or a threatened act of vi21 olence, by a person against a spouse or intimate 

22 partner, or a minor residing with or in the care or 

23 custody of the spouse or intimate partner. 

24 ‘‘(12) INDIAN.—The term ‘Indian’ means a per25 son who is a member of any Indian tribe, regardless 


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1 of whether that Indian tribe is the plaintiff Indian 

2 tribe under section 2262A. 

3 ‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ 

4 has the meaning given the term in section 102 of the 

5 Federally Recognized Indian Tribe List Act of 1994 

6 (25 U.S.C. 479a). 

7 ‘‘(14) MINOR.—The term ‘minor’ means a per8 son under the age of 18 years.’’. 

9 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

10 The table of sections for chapter 110A of title 18, United 

11 States Code, is amended by inserting after the item relat12 ing to section 2262 the following: 

‘‘2262A. Federal domestic violence protection orders involving Indians and Indian country.’’. 

Passed the House of Representatives May 16, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 406 

112TH CONGRESS 

2D SESSION H. R. 4970 

AN ACT 

To reauthorize the Violence Against Women Act of 

1994. 

MAY 21, 2012 

Received; read twice and placed on the calendar 


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