I 

112TH CONGRESS 

2D SESSION H. R. 4982 

To reauthorize the Violence Against Women Act of 1994. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2012 

Mrs. BIGGERT (for herself and Mr. DOLD) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committees on Energy and Commerce, Education and the Workforce, Financial Services, and Natural Resources, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize the Violence Against Women Act of 1994. 

1 SECTION 1. SHORT TITLE. 

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

3 Women Reauthorization Act of 2012’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Universal definitions and grant conditions. 

Sec. 4. 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. Sex offender management. 

Sec. 106. Court-appointed special advocate program. 

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

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

Sec. 109. Culturally specific services grant. 

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. Enhanced training and services to end abuse 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. Campus sexual violence, domestic violence, dating violence, and stalking education and prevention. 

TITLE IV—VIOLENCE REDUCTION PRACTICES 

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

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

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, AND STALKING 

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

stalking. 

TITLE VI—SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 601. Housing protections for victims of domestic violence, dating violence, 

sexual assault, and stalking. 

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

Sec. 603. Addressing the housing needs of victims of domestic violence, dating 

violence, sexual assault, and stalking. 

TITLE VII—ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE 

Sec. 701. National Resource Center on Workplace Responses to assist victims 

of domestic and sexual violence. 


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TITLE VIII—PROTECTION OF BATTERED IMMIGRANTS 

Sec. 801. U nonimmigrant definition. 

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

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

Sec. 804. Public charge. 

Sec. 805. Protections for a fiance ́e or fiance ́ of a citizen. 

Sec. 806. Regulation of international marriage brokers. 

Sec. 807. Eligibility of crime and trafficking victims in the Commonwealth of 

the Northern Mariana Islands to adjust status. 

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. Tribal jurisdiction over crimes of domestic violence. 

Sec. 905. Tribal protection orders. 

Sec. 906. Amendments to the Federal assault statute. 

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

Sec. 908. Effective dates; pilot project. 

TITLE X—OTHER MATTERS 

Sec. 1001. Criminal provisions relating to sexual abuse. 

Sec. 1002. Sexual abuse in custodial settings. 

Sec. 1003. Anonymous online harassment. 

Sec. 1004. Stalker database. 

Sec. 1005. Federal victim assistants reauthorization. 

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

Sec. 1007. Mandatory minimum sentence. 

Sec. 1008. Removal of drunk drivers. 

1 SEC. 3. UNIVERSAL 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) by redesignating— 

6 (A) paragraph (1) as paragraph (2); 

7 (B) paragraph (2) as paragraph (3); 

8 (C) paragraphs (3) and (4) as paragraphs 

9 (4) and (5), respectively; 


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1 (D) paragraphs (6) through (9) as para2 graphs (8) through (11), respectively; 

3 (E) paragraphs (10) through (16) as para4 graphs (13) through (19), respectively; 

5 (F) paragraph (18) as paragraph (20); 

6 (G) paragraphs (19) and (20) as para7 graphs (23) and (24), respectively; 

8 (H) paragraphs (21) through (23) as para9 graphs (26) through (28), respectively; 

10 (I) paragraphs (24) through (33) as para11 graphs (30) through (39), respectively; 

12 (J) paragraphs (34) and (35) as para13 graphs (43) and (44); and 

14 (K) paragraph (37) as paragraph (45); 

15 (2) by inserting before paragraph (2), as redes16 ignated, the following: 

17 ‘‘(1) ALASKA NATIVE VILLAGE.—The term 

18 ‘Alaska Native village’ has the same meaning given 

19 such term in the Alaska Native Claims Settlement 

20 Act (43 U.S.C. 1601 et seq.).’’; 

21 (3) in paragraph (3), as redesignated, by strik22 ing ‘‘serious harm.’’ and inserting ‘‘serious harm to 

23 an unemancipated minor.’’; 

24 (4) in paragraph (4), as redesignated, by strik25 ing ‘‘The term’’ through ‘‘that—’’ and inserting 


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1 ‘‘The term ‘community-based organization’ means a 

2 nonprofit, nongovernmental, or tribal organization 

3 that serves a specific geographic community that— 

4 ’’; 

5 (5) by striking paragraph (5), as in effect be6 fore the amendments made by this subsection; 

7 (6) by inserting after paragraph (7), as redesig8 nated, the following: 

9 ‘‘(6) CULTURALLY SPECIFIC SERVICES.—The 

10 term ‘culturally specific services’ means community11 based services that include culturally relevant and 

12 linguistically specific services and resources to cul13 turally specific communities. 

14 ‘‘(7) CULTURALLY SPECIFIC.—The term ‘cul15 turally specific’ means primarily directed toward ra16 cial and ethnic minority groups (as defined in sec17 tion 1707(g) of the Public Health Service Act (42 

18 U.S.C. 300u–6(g)).’’; 

19 (7) in paragraph (8), as redesignated, by insert20 ing ‘‘or intimate partner’’ after ‘‘former spouse’’ and 

21 ‘‘as a spouse’’; 

22 (8) by inserting after paragraph (11), as redes23 ignated, the following: 

24 ‘‘(12) HOMELESS.—The term ‘homeless’ has 

25 the meaning provided in 42 U.S.C. 14043e–2(6).’’; 


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1 (9) in paragraph (18), as redesignated, by in2 serting ‘‘or Village Public Safety Officers’’ after 

3 ‘‘government victim service programs; 

4 (10) in paragraph (21), as redesignated, by in5 serting at the end the following: 

6 ‘‘Intake or referral, by itself, does not constitute 

7 legal assistance.’’; 

8 (11) by striking paragraph (17), as in effect be9 fore the amendments made by this subsection; 

10 (12) by amending paragraph (20), as redesig11 nated, to read as follows: 

12 ‘‘(20) PERSONALLY IDENTIFYING INFORMATION

13 OR PERSONAL INFORMATION.—The term ‘personally 

14 identifying information’ or ‘personal information’ 

15 means individually identifying information for or 

16 about an individual including information likely to 

17 disclose the location of a victim of domestic violence, 

18 dating violence, sexual assault, or stalking, regard19 less of whether the information is encoded, 

20 encrypted, hashed, or otherwise protected, includ21 ing— 

22 ‘‘(A) a first and last name; 

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


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1 ‘‘(C) contact information (including a post2 al, e-mail or Internet protocol address, or tele3 phone or facsimile number); 

4 ‘‘(D) a social security number, driver li5 cense number, passport number, or student 

6 identification number; and 

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

8 of birth, racial or ethnic background, or reli9 gious affiliation, that would serve to identify 

10 any individual.’’; 

11 (13) by inserting after paragraph (20), as re12 designated, the following: 

13 ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— 

14 The term ‘population specific organization’ means a 

15 nonprofit, nongovernmental organization that pri16 marily serves members of a specific underserved 

17 population and has demonstrated experience and ex18 pertise providing targeted services to members of 

19 that specific underserved population. 

20 ‘‘(22) POPULATION SPECIFIC SERVICES.—The 

21 term ‘population specific services’ means victim-cen22 tered services that address the safety, health, eco23 nomic, legal, housing, workplace, immigration, con24 fidentiality, or other needs of victims of domestic vi25 olence, dating violence, sexual assault, or stalking, 


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1 and that are designed primarily for and are targeted 

2 to a specific underserved population.’’; 

3 (14) in paragraph (23), as redesignated, by 

4 striking ‘‘services’’ and inserting ‘‘assistance’’; 

5 (15) by inserting after paragraph (24), as re6 designated, the following: 

7 ‘‘(25) RAPE CRISIS CENTER.—The term ‘rape 

8 crisis center’ means a nonprofit, nongovernmental, 

9 or tribal organization, or governmental entity in a 

10 State other than a Territory that provides interven11 tion and related assistance, as specified in 42 U.S.C. 

12 14043g(b)(2)(C), to victims of sexual assault with13 out regard to their age. In the case of a govern14 mental entity, the entity may not be part of the 

15 criminal justice system (such as a law enforcement 

16 agency) and must be able to offer a comparable level 

17 of confidentiality as a nonprofit entity that provides 

18 similar victim services.’’; 

19 (16) in paragraph (26), as redesignated— 

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

21 after the semicolon; 

22 (B) in subparagraph (B), by striking the 

23 period and inserting ‘‘; or’’; and 

24 (C) by inserting at the end the following: 


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1 ‘‘(C) any federally recognized Indian 

2 tribe.’’; 

3 (17) in paragraph (27), as redesignated— 

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

5 and 

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

7 ‘‘250,000’’; 

8 (18) by striking paragraph (28), as redesig9 nated, and inserting the following: 

10 ‘‘(28) SEXUAL ASSAULT.—The term ‘sexual as11 sault’ means any nonconsensual sexual act pro12 scribed by Federal, tribal, or State law, including 

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

14 (19) by inserting after paragraph (28), as re15 designated, the following: 

16 ‘‘(29) SEX TRAFFICKING.—The term ‘sex traf17 ficking’ means any conduct proscribed by 18 U.S.C. 

18 1591, whether or not the conduct occurs in inter19 state or foreign commerce or within the special mar20 itime and territorial jurisdiction of the United 

21 States.’’; 

22 (20) by striking paragraph (35), as redesig23 nated, and inserting the following: 

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1 mental Indian organization or a Native Hawaiian or2 ganization that— 

3 ‘‘(A) provides education, support, and tech4 nical assistance to member Indian service pro5 viders in a manner that enables those member 

6 providers to establish and maintain culturally 

7 appropriate services, including shelter and rape 

8 crisis services, designed to assist Indian women 

9 and the dependents of those women who are 

10 victims of domestic violence, dating violence, 

11 sexual assault, and stalking; and 

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

13 members that are representative of— 

14 ‘‘(i) the member service providers de15 scribed in subparagraph (A); and 

16 ‘‘(ii) the tribal communities in which 

17 the services are being provided;’’; 

18 (21) by amending paragraph (39), as redesig19 nated, to read as follows: 

20 ‘‘(39) UNDERSERVED POPULATIONS.—The 

21 term ‘underserved populations’ means populations 

22 who face barriers in accessing and using victim serv23 ices, and includes populations underserved because 

24 of geographic location, religion, sexual orientation, 

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1 lations, populations underserved because of special 

2 needs (such as language barriers, disabilities, 

3 alienage status, or age), and any other population 

4 determined to be underserved by the Attorney Gen5 eral or by the Secretary of Health and Human Serv6 ices, as appropriate.’’; 

7 (22) by inserting after paragraph (39), as re8 designated, the following: 

9 ‘‘(40) 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 (23) by striking paragraph (36), as in effect be15 fore the amendments made by this subsection, and 

16 inserting the following: 

17 ‘‘(41) VICTIM SERVICES OR SERVICES.—The 

18 terms ‘victim services’ and ‘services’ means services 

19 provided to victims of domestic violence, dating vio20 lence, sexual assault, or stalking, including tele21 phonic or web-based hotlines, legal advocacy, eco22 nomic advocacy, emergency and transitional shelter, 

23 accompaniment and advocacy through medical, civil 

24 or criminal justice, immigration, and social support 

25 systems, crisis intervention, short-term individual 


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1 and group support services, information and refer2 rals, culturally specific services, population specific 

3 services, and other related supportive services. 

4 ‘‘(42) VICTIM SERVICE PROVIDER.—The term 

5 ‘victim service provider’ means a nonprofit, non6 governmental or tribal organization or rape crisis 

7 center, including a State or tribal coalition, that as8 sists or advocates for domestic violence, dating vio9 lence, sexual assault, or stalking victims, including 

10 domestic violence shelters, faith-based organizations, 

11 and other organizations, with a documented history 

12 of effective work concerning domestic violence, dat13 ing violence, sexual assault, or stalking.’’; and 

14 (24) by striking paragraph (43), as redesig15 nated, and inserting the following: 

16 ‘‘(43) YOUTH.—The term ‘youth’ means a per17 son who is 11 to 24 years old.’’. 

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

19 40002 of the Violence Against Women Act of 1994 (42 

20 U.S.C. 13925(b)) is amended— 

21 (1) in paragraph (2)— 

22 (A) in subparagraph (B), by striking 

23 clauses (i) and (ii) and inserting the following: 

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

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1 vidual information collected in connection 

2 with services requested, utilized, or denied 

3 through grantees’ and subgrantees’ pro4 grams, regardless of whether the informa5 tion has been encoded, encrypted, hashed, 

6 or otherwise protected; or 

7 ‘‘(ii) disclose, reveal, or release indi8 vidual client information without the in9 formed, written, reasonably time-limited 

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

11 unemancipated minor, the minor and the 

12 parent or guardian or in the case of legal 

13 incapacity, a court-appointed guardian) 

14 about whom information is sought, wheth15 er for this program or any other Federal, 

16 State, tribal, or territorial grant program, 

17 except that consent for release may not be 

18 given by the abuser of the minor, incapaci19 tated person, or the abuser of the other 

20 parent of the minor. 

21 If a minor or a person with a legally appointed 

22 guardian is permitted by law to receive services 

23 without the parent’s or guardian’s consent, the 

24 minor or person with a guardian may release 

25 information without additional consent.’’; 


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

2 read as follows: 

3 ‘‘(D) INFORMATION SHARING.— 

4 ‘‘(i) Grantees and subgrantees may 

5 share— 

6 ‘‘(I) nonpersonally identifying 

7 data in the aggregate regarding serv8 ices to their clients and nonpersonally 

9 identifying demographic information 

10 in order to comply with Federal, 

11 State, tribal, or territorial reporting, 

12 evaluation, or data collection require13 ments; 

14 ‘‘(II) court-generated information 

15 and law enforcement-generated infor16 mation contained in secure, govern17 mental registries for protection order 

18 enforcement purposes; and 

19 ‘‘(III) law enforcement-generated 

20 and prosecution-generated information 

21 necessary for law enforcement and 

22 prosecution purposes. 

23 ‘‘(ii) In no circumstances may— 

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1 lence, sexual assault, or stalking be 

2 required to provide a consent to re3 lease his or her personally identifying 

4 information as a condition of eligi5 bility for the services provided by the 

6 grantee or subgrantee; and 

7 ‘‘(II) any personally identifying 

8 information be shared in order to 

9 comply with Federal, tribal, or State 

10 reporting, evaluation, or data collec11 tion requirements, whether for this 

12 program or any other Federal, tribal, 

13 or State grant program.’’; 

14 (C) by redesignating subparagraph (E) as 

15 subparagraph (F); 

16 (D) by inserting after subparagraph (D) 

17 the following: 

18 ‘‘(E) STATUTORILY MANDATED REPORTS

19 OF ABUSE OR NEGLECT.—Nothing in this sec20 tion prohibits a grantee or subgrantee from re21 porting suspected abuse or neglect, as those 

22 terms are defined and specifically mandated by 

23 the State or tribe involved.’’; and 

24 (E) by inserting after subparagraph (F), 

25 as redesignated, the following: 


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1 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

2 ASSURANCES.—Grantees and subgrantees must 

3 document their compliance with the confiden4 tiality and privacy provisions required under 

5 this section.’’; 

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

7 following: 

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

9 the activities under this title, grantees and sub10 grantees may collaborate with or provide information 

11 to Federal, State, local, tribal, and territorial public 

12 officials and agencies to develop and implement poli13 cies and develop and promote State, local, or tribal 

14 legislation or model codes designed to reduce or 

15 eliminate domestic violence, dating violence, sexual 

16 assault, and stalking.’’; 

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

18 the following: 

19 ‘‘Final reports of such evaluations shall be made 

20 available to the public via the agency’s Website.’’; 

21 and 

22 (4) by inserting after paragraph (11) the fol23 lowing: 

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

25 grantee or subgrantee providing legal assistance with 


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1 funds awarded under this title shall comply with the 

2 eligibility requirements in section 1201(d) of the Vi3 olence Against Women Act of 2000 (42 U.S.C. 

4 3796gg–6(d)). 

5 ‘‘(13) CIVIL RIGHTS.— 

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

7 the United States shall, on the basis of actual 

8 or perceived race, color, religion, national ori9 gin, sex, gender identity (as defined in para10 graph 249(c)(4) of title 18, United States 

11 Code), sexual orientation, or disability, be ex12 cluded from participation in, be denied the ben13 efits of, or be subjected to discrimination under 

14 any program or activity funded in whole or in 

15 part with funds made available under the Vio16 lence Against Women Act of 1994 (title IV of 

17 Public Law 103–322; 108 Stat. 1902), the Vio18 lence Against Women Act of 2000 (division B 

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

20 Violence Against Women and Department of 

21 Justice Reauthorization Act of 2005 (title IX of 

22 Public Law 109–162; 119 Stat. 3080), the Vio23 lence Against Women Reauthorization Act of 

24 2012, and any other program or activity funded 

25 in whole or in part with funds appropriated for 


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1 grants, cooperative agreements, and other as2 sistance administered by the Office on Violence 

3 Against Women. 

4 ‘‘(B) EXCEPTION.—If sex segregation or 

5 sex-specific programming is necessary to the es6 sential operation of a program, nothing in this 

7 paragraph shall prevent any such program or 

8 activity from consideration of an individual’s 

9 sex. In such circumstances, grantees may meet 

10 the requirements of this paragraph by providing 

11 comparable services to individuals who cannot 

12 be provided with the sex-segregated or sex-spe13 cific programming. 

14 ‘‘(C) DISCRIMINATION.—The authority of 

15 the Attorney General and the Office of Justice 

16 Programs to enforce this paragraph shall be the 

17 same as it is under section 3789d of title 42, 

18 United States Code. 

19 ‘‘(D) CONSTRUCTION.—Nothing contained 

20 in this paragraph shall be construed, inter21 preted, or applied to supplant, displace, pre22 empt, or otherwise diminish the responsibilities 

23 and liabilities under other State or Federal civil 

24 rights law, whether statutory or common. 


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1 ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND

2 LEGAL ASSISTANCE.—Victim services and legal as3 sistance under this title also include services and as4 sistance to victims of domestic violence, dating vio5 lence, sexual assault, or stalking who are also vic6 tims of severe forms of trafficking in persons as de7 fined by section 103 of the Trafficking Victims Pro8 tection Act of 2000 (22 U.S.C. 7102). 

9 ‘‘(15) CONFERRAL.— 

10 ‘‘(A) IN GENERAL.—The Office on Vio11 lence Against Women shall establish a biennial 

12 conferral process with State and tribal coali13 tions and technical assistance providers who re14 ceive funding through grants administered by 

15 the Office on Violence Against Women and au16 thorized by this Act, and other key stake17 holders. 

18 ‘‘(B) AREAS COVERED.—The areas of con19 ferral under this paragraph shall include— 

20 ‘‘(i) the administration of grants; 

21 ‘‘(ii) unmet needs; 

22 ‘‘(iii) promising practices in the field; 

23 and 

24 ‘‘(iv) emerging trends. 


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1 ‘‘(C) INITIAL CONFERRAL.—The first con2 ferral shall be initiated not later than 6 months 

3 after the date of enactment of the Violence 

4 Against Women Reauthorization Act of 2012. 

5 ‘‘(D) REPORT.—Not later than 90 days 

6 after the conclusion of each conferral period, 

7 the Office on Violence Against Women shall 

8 publish a comprehensive report that— 

9 ‘‘(i) summarizes the issues presented 

10 during conferral and what, if any, policies 

11 it intends to implement to address those 

12 issues; and 

13 ‘‘(ii) is made available to the public on 

14 the Office on Violence Against Women’s 

15 Website and submitted to the Committee 

16 on the Judiciary of the Senate and the 

17 Committee on the Judiciary of the House 

18 of Representatives. 

19 ‘‘(16) ACCOUNTABILITY.—All grants awarded 

20 by the Attorney General under this Act shall be sub21 ject to the following accountability provisions: 

22 ‘‘(A) AUDIT REQUIREMENT.— 

23 ‘‘(i) IN GENERAL.—Beginning in the 

24 first fiscal year beginning after the date of 

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1 cal year thereafter, the Inspector General 

2 of the Department of Justice shall conduct 

3 audits of recipients of grants under this 

4 Act to prevent waste, fraud, and abuse of 

5 funds by grantees. The Inspector General 

6 shall determine the appropriate number of 

7 grantees to be audited each year. 

8 ‘‘(ii) DEFINITION.—In this paragraph, 

9 the term ‘unresolved audit finding’ means 

10 a finding in the final audit report of the 

11 Inspector General of the Department of 

12 Justice that the audited grantee has uti13 lized grant funds for an unauthorized ex14 penditure or otherwise unallowable cost 

15 that is not closed or resolved within 12 

16 months from the date when the final audit 

17 report is issued. 

18 ‘‘(iii) MANDATORY EXCLUSION.—A re19 cipient of grant funds under this Act that 

20 is found to have an unresolved audit find21 ing shall not be eligible to receive grant 

22 funds under this Act during the following 

23 2 fiscal years. 

24 ‘‘(iv) PRIORITY.—In awarding grants 

25 under this Act, the Attorney General shall 


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1 give priority to eligible entities that did not 

2 have an unresolved audit finding during 

3 the 3 fiscal years prior to submitting an 

4 application for a grant under this Act. 

5 ‘‘(v) REIMBURSEMENT.—If an entity 

6 is awarded grant funds under this Act dur7 ing the 2-fiscal-year period in which the 

8 entity is barred from receiving grants 

9 under paragraph (2), the Attorney General 

10 shall— 

11 ‘‘(I) deposit an amount equal to 

12 the grant funds that were improperly 

13 awarded to the grantee into the Gen14 eral Fund of the Treasury; and 

15 ‘‘(II) seek to recoup the costs of 

16 the repayment to the fund from the 

17 grant recipient that was erroneously 

18 awarded grant funds. 

19 ‘‘(B) NONPROFIT ORGANIZATION REQUIRE20 MENTS.— 

21 ‘‘(i) DEFINITION.—For purposes of 

22 this paragraph and the grant programs de23 scribed in this Act, the term ‘nonprofit or24 ganization’ means an organization that is 

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1 nal Revenue Code of 1986 and is exempt 

2 from taxation under section 501(a) of such 

3 Code. 

4 ‘‘(ii) PROHIBITION.—The Attorney 

5 General may not award a grant under any 

6 grant program described in this Act to a 

7 nonprofit organization that holds money in 

8 offshore accounts for the purpose of avoid9 ing paying the tax described in section 

10 511(a) of the Internal Revenue Code of 

11 1986. 

12 ‘‘(iii) DISCLOSURE.—Each nonprofit 

13 organization that is awarded a grant under 

14 a grant program described in this Act and 

15 uses the procedures prescribed in regula16 tions to create a rebuttable presumption of 

17 reasonableness for the compensation of its 

18 officers, directors, trustees and key em19 ployees, shall disclose to the Attorney Gen20 eral, in the application for the grant, the 

21 process for determining such compensa22 tion, including the independent persons in23 volved in reviewing and approving such 

24 compensation, the comparability data used, 

25 and contemporaneous substantiation of the 


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1 deliberation and decision. Upon request, 

2 the Attorney General shall make the infor3 mation disclosed under this subsection 

4 available for public inspection. 

5 ‘‘(C) CONFERENCE EXPENDITURES.— 

6 ‘‘(i) LIMITATION.—No amounts au7 thorized to be appropriated to the Depart8 ment of Justice under this Act may be 

9 used by the Attorney General, or by any 

10 individual or organization awarded discre11 tionary funds through a cooperative agree12 ment under this Act, to host or support 

13 any expenditure for conferences that uses 

14 more than $20,000 in Department funds, 

15 unless the Deputy Attorney General or 

16 such Assistant Attorney Generals, Direc17 tors, or principal deputies as the Deputy 

18 Attorney General may designate, provides 

19 prior written authorization that the funds 

20 may be expended to host a conference. 

21 ‘‘(ii) WRITTEN APPROVAL.—Written 

22 approval under clause (i) shall include a 

23 written estimate of all costs associated 

24 with the conference, including the cost of 

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1 ment, honoraria for speakers, and any en2 tertainment. 

3 ‘‘(iii) REPORT.—The Deputy Attorney 

4 General shall submit an annual report to 

5 the Committee on the Judiciary of the 

6 Senate and the Committee on the Judici7 ary of the House of Representatives on all 

8 approved conference expenditures ref9 erenced in this paragraph. 

10 ‘‘(D) ANNUAL CERTIFICATION.—Beginning 

11 in the first fiscal year beginning after the date 

12 of the enactment of this Act, the Attorney Gen13 eral shall submit, to the Committee on the Ju14 diciary and the Committee on Appropriations of 

15 the Senate and the Committee on the Judiciary 

16 and the Committee on Appropriations of the 

17 House of Representatives, an annual certifi18 cation that— 

19 ‘‘(i) all audits issued by the Office of 

20 the Inspector General under paragraph (1) 

21 have been completed and reviewed by the 

22 appropriate Assistant Attorney General or 

23 Director; 


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1 ‘‘(ii) all mandatory exclusions required 

2 under subparagraph (A)(iii) have been 

3 issued; 

4 ‘‘(iii) all reimbursements required 

5 under subparagraph (A)(v) have been 

6 made; and 

7 ‘‘(iv) includes a list of any grant re8 cipients excluded under subparagraph (A) 

9 from the previous year.’’. 

10 SEC. 4. EFFECTIVE DATE. 

11 Except as otherwise specifically provided in this Act, 

12 the provisions of titles I, II, III, IV, VII, and sections 602, 

13 901, and 902 of this Act shall not take effect until the 

14 beginning of the fiscal year following the date of enact15 ment of this Act. 

16 TITLE I—ENHANCING JUDICIAL 

17 AND LAW ENFORCEMENT 

18 TOOLS TO COMBAT VIOLENCE 

19 AGAINST WOMEN 

20 SEC. 101. STOP GRANTS. 

21 Title I of the Omnibus Crime Control and Safe 

22 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amend23 ed— 

24 (1) in section 1001(a)(18) (42 U.S.C. 

25 3793(a)(18)), by striking ‘‘$225,000,000 for each of 


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1 fiscal years 2007 through 2011’’ and inserting 

2 ‘‘$222,000,000 for each of fiscal years 2013 through 

3 2017’’; 

4 (2) in section 2001(b) (42 U.S.C. 3796gg(b))— 

5 (A) in the matter preceding paragraph 

6 (1)— 

7 (i) by striking ‘‘equipment’’ and in8 serting ‘‘resources’’; and 

9 (ii) by inserting ‘‘for the protection 

10 and safety of victims,’’ after ‘‘women,’’; 

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

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

13 violence’’ and inserting ‘‘domestic violence, dat14 ing violence, sexual assault, and stalking, in15 cluding the appropriate use of nonimmigrant 

16 status under subparagraphs (T) and (U) of sec17 tion 101(a)(15) of the Immigration and Nation18 ality Act (8 U.S.C. 1101(a))’’; 

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

20 assault and domestic violence’’ and inserting 

21 ‘‘domestic violence, dating violence, sexual as22 sault, and stalking’’; 

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

24 assault and domestic violence’’ and inserting 

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1 sault, and stalking, as well as the appropriate 

2 treatment of victims’’; 

3 (E) in paragraph (4)— 

4 (i) by striking ‘‘sexual assault and do5 mestic violence’’ and inserting ‘‘domestic 

6 violence, dating violence, sexual assault, 

7 and stalking’’; and 

8 (ii) by inserting ‘‘, classifying,’’ after 

9 ‘‘identifying’’; 

10 (F) in paragraph (5)— 

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

12 after ‘‘victim services’’; 

13 (ii) by striking ‘‘domestic violence and 

14 dating violence’’ and inserting ‘‘domestic 

15 violence, dating violence, and stalking’’; 

16 and 

17 (iii) by striking ‘‘sexual assault and 

18 domestic violence’’ and inserting ‘‘domestic 

19 violence, dating violence, sexual assault, 

20 and stalking’’; 

21 (G) by striking paragraph (6) and redesig22 nating paragraphs (7) through (14) as para23 graphs (6) through (13), respectively; 

24 (H) in paragraph (6), as redesignated by 

25 subparagraph (G), by striking ‘‘sexual assault 


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1 and domestic violence’’ and inserting ‘‘domestic 

2 violence, dating violence, sexual assault, and 

3 stalking’’; 

4 (I) in paragraph (7), as redesignated by 

5 subparagraph (G), by striking ‘‘and dating vio6 lence’’ and inserting ‘‘dating violence, and 

7 stalking’’; 

8 (J) in paragraph (9), as redesignated by 

9 subparagraph (G), by striking ‘‘domestic vio10 lence or sexual assault’’ and inserting ‘‘ domes11 tic violence, dating violence, sexual assault, or 

12 stalking’’; 

13 (K) in paragraph (12), as redesignated by 

14 subparagraph (G)— 

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

16 ‘‘triage protocols to ensure that dangerous 

17 or potentially lethal cases are identified 

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

19 evidence-based indicators to assess the risk 

20 of domestic and dating violence homicide 

21 and prioritize dangerous or potentially le22 thal cases’’; and 

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

24 (L) in paragraph (13), as redesignated by 

25 subparagraph (G)— 


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1 (i) by striking ‘‘to provide’’ and in2 serting ‘‘providing’’; 

3 (ii) by striking ‘‘nonprofit nongovern4 mental’’; 

5 (iii) by striking the comma after 

6 ‘‘local governments’’; 

7 (iv) in the matter following subpara8 graph (C), by striking ‘‘paragraph (14)’’ 

9 and inserting ‘‘paragraph (13)’’; and 

10 (v) by striking the period at the end 

11 and inserting a semicolon; and 

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

13 redesignated by subparagraph (G), the fol14 lowing: 

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

16 tribal legislation and policies that enhance best prac17 tices for responding to domestic violence, dating vio18 lence, sexual assault, and stalking; 

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

20 Sexual Assault Response Teams, or other similar co21 ordinated community responses to sexual assault; 

22 ‘‘(16) developing and strengthening policies, 

23 protocols, best practices, and training for law en24 forcement agencies and prosecutors relating to the 


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1 investigation and prosecution of sexual assault cases 

2 and the appropriate treatment of victims; 

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

4 programs addressing sexual assault against men, 

5 women, and youth in correctional and detention set6 tings; 

7 ‘‘(18) identifying and conducting inventories of 

8 backlogs of sexual assault evidence collection kits 

9 and developing protocols and policies for responding 

10 to and addressing such backlogs, including protocols 

11 and policies for notifying and involving victims; 

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

13 programs and projects to provide services and re14 sponses targeting male and female victims of domes15 tic violence, dating violence, sexual assault, or stalk16 ing, whose ability to access traditional services and 

17 responses is affected by their sexual orientation or 

18 gender identity, as defined in section 249(c) of title 

19 18, United States Code; and 

20 ‘‘(20) developing, enhancing, or strengthening 

21 prevention and educational programming to address 

22 domestic violence, dating violence, sexual assault, or 

23 stalking, with not more than 5 percent of the 

24 amount allocated to a State to be used for this pur25 pose.’’; 


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

2 (A) in subsection (a), by striking ‘‘non3 profit nongovernmental victim service pro4 grams’’ and inserting ‘‘victim service pro5 viders’’; 

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

7 including populations of Indian tribes)’’; 

8 (C) in subsection (c)— 

9 (i) by striking paragraph (2) and in10 serting the following: 

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

12 plan for implementation and shall consult and co13 ordinate with— 

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

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

16 ‘‘(C) the law enforcement entities within 

17 the State; 

18 ‘‘(D) prosecution offices; 

19 ‘‘(E) State and local courts; 

20 ‘‘(F) Tribal governments in those States 

21 with State or federally recognized Indian tribes; 

22 ‘‘(G) representatives from underserved 

23 populations, including culturally specific popu24 lations; 

25 ‘‘(H) victim service providers; 


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1 ‘‘(I) population specific organizations; and 

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

3 Attorney General identifies as needed for the 

4 planning process;’’; 

5 (ii) by redesignating paragraph (3) as 

6 paragraph (4); 

7 (iii) by inserting after paragraph (2), 

8 as amended by clause (i), the following: 

9 ‘‘(3) grantees shall coordinate the State imple10 mentation plan described in paragraph (2) with the 

11 State plans described in section 307 of the Family 

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

13 10407) and the programs described in section 1404 

14 of the Victims of Crime Act of 1984 (42 U.S.C. 

15 10603) and section 393A of the Public Health Serv16 ice Act (42 U.S.C. 280b–1b).’’; 

17 (iv) in paragraph (4), as redesignated 

18 by clause (ii)— 

19 (I) in subparagraph (A), by strik20 ing ‘‘and not less than 25 percent 

21 shall be allocated for prosecutors’’; 

22 (II) by redesignating subpara23 graphs (B) and (C) as subparagraphs 

24 (C) and (D); 


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1 (III) by inserting after subpara2 graph (A), the following: 

3 ‘‘(B) not less than 25 percent shall be allo4 cated for prosecutors;’’; and 

5 (IV) in subparagraph (D) as re6 designated by subclause (II) by strik7 ing ‘‘for’’ and inserting ‘‘to’’; and 

8 (v) by adding at the end the following: 

9 ‘‘(5) not later than 2 years after the date of en10 actment of this Act, and every year thereafter, not 

11 less than 20 percent of the total amount granted to 

12 a State under this subchapter shall be allocated for 

13 programs or projects in 2 or more allocations listed 

14 in paragraph (4) that meaningfully address sexual 

15 assault, including stranger rape, acquaintance rape, 

16 alcohol or drug-facilitated rape, and rape within the 

17 context of an intimate partner relationship.’’; 

18 (D) by striking subsection (d) and insert19 ing the following: 

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

21 for a grant under this section shall include— 

22 ‘‘(1) the certifications of qualification required 

23 under subsection (c); 


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

2 for the payment of forensic medical exams and judi3 cial notification, described in section 2010; 

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

5 for paying fees and costs relating to domestic vio6 lence and protection order cases, described in section 

7 2011 of this title; 

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

9 prohibiting polygraph examinations of victims of sex10 ual assault, described in section 2013 of this title; 

11 ‘‘(5) an implementation plan required under 

12 subsection (i); and 

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

14 General may require.’’; 

15 (E) in subsection (e)— 

16 (i) in paragraph (2)— 

17 (I) in subparagraph (A), by strik18 ing ‘‘domestic violence and sexual as19 sault’’ and inserting ‘‘domestic vio20 lence, dating violence, sexual assault, 

21 and stalking’’; and 

22 (II) in subparagraph (D), by 

23 striking ‘‘linguistically and’’; and 

24 (ii) by adding at the end the fol25 lowing: 


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

2 this part, the Attorney General may impose reason3 able conditions on grant awards to ensure that the 

4 States meet statutory, regulatory, and other pro5 gram requirements.’’; 

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

7 at the end and inserting ‘‘, except that, for pur8 poses of this subsection, the costs of the 

9 projects for victim services or tribes for which 

10 there is an exemption under section 

11 40002(b)(1) of the Violence Against Women 

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

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

14 and 

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

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

17 a grant under this part shall— 

18 ‘‘(1) develop an implementation plan in con19 sultation with the entities listed in subsection (c)(2), 

20 that identifies how the State will use the funds 

21 awarded under this part, including how the State 

22 will meet the requirements of subsection (c)(5); and 

23 ‘‘(2) submit to the Attorney General— 

24 ‘‘(A) the implementation plan developed 

25 under paragraph (1); 


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1 ‘‘(B) documentation from each member of 

2 the planning committee as to their participation 

3 in the planning process; 

4 ‘‘(C) documentation from the prosecution, 

5 law enforcement, court, and victim services pro6 grams to be assisted, describing— 

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

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

9 funds; 

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

11 funds; and 

12 ‘‘(iv) the demographic characteristics 

13 of the populations to be served, including 

14 age, disability, race, ethnicity, and lan15 guage background; 

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

17 ensure that any subgrantees will consult with 

18 victim service providers during the course of de19 veloping their grant applications in order to en20 sure that the proposed activities are designed to 

21 promote the safety, confidentiality, and eco22 nomic independence of victims; 

23 ‘‘(E) demographic data on the distribution 

24 of underserved populations within the State and 

25 a description of how the State will meet the 


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1 needs of underserved populations, including the 

2 minimum allocation for population specific serv3 ices required under subsection (c)(4)(C); 

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

5 to meet the regulations issued pursuant to sub6 section (e)(2); 

7 ‘‘(G) goals and objectives for reducing do8 mestic violence-related homicides within the 

9 State; and 

10 ‘‘(H) any other information requested by 

11 the Attorney General. 

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

13 any returned or remaining funds for any authorized pur14 pose under this part if— 

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

16 part are returned to the State; or 

17 ‘‘(2) the State does not receive sufficient eligi18 ble applications to award the full funding within the 

19 allocations in subsection (c)(4)’’; 

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

21 (A) in subsection (a), by striking para22 graph (1) and inserting the following: 

23 ‘‘(1) IN GENERAL.—A State, Indian tribal gov24 ernment, or unit of local government shall not be en25 titled to funds under this subchapter unless the 


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1 State, Indian tribal government, unit of local govern2 ment, or another governmental entity— 

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

4 forensic medical exams described in subsection 

5 (b) for victims of sexual assault; and 

6 ‘‘(B) coordinates with health care providers 

7 in the region to notify victims of sexual assault 

8 of the availability of rape exams at no cost to 

9 the victims.’’; 

10 (B) in subsection (b)— 

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

12 after the semicolon; 

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

14 or’’ and inserting a period; and 

15 (iii) by striking paragraph (3); and 

16 (C) by amending subsection (d) to read as 

17 follows: 

18 ‘‘(d) NONCOOPERATION.— 

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

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

21 unit of local government shall comply with sub22 section (b) without regard to whether the victim par23 ticipates in the criminal justice system or cooperates 

24 with law enforcement. 


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

2 and Indian tribal governments shall have 3 years 

3 from the date of enactment of this Act to come into 

4 compliance with this section.’’; and 

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

6 5(a)(1))— 

7 (A) by inserting ‘‘modification, enforce8 ment, dismissal, withdrawal’’ after ‘‘registra9 tion,’’ each place it appears; 

10 (B) by inserting ‘‘, dating violence, sexual 

11 assault, or stalking’’ after ‘‘felony domestic vio12 lence’’; and 

13 (C) by striking ‘‘victim of domestic vio14 lence’’ and all that follows through ‘‘sexual as15 sault’’ and inserting ‘‘victim of domestic vio16 lence, dating violence, sexual assault, or stalk17 ing’’. 

18 SEC. 102. GRANTS TO ENCOURAGE ARREST POLICIES AND 

19 ENFORCEMENT OF PROTECTION ORDERS. 

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

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

22 3796hh et seq.) is amended— 

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

24 (A) in subsection (b)— 


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1 (i) in the matter preceding paragraph 

2 (1), by striking ‘‘States,’’ and all that fol3 lows through ‘‘units of local government’’ 

4 and inserting ‘‘grantees’’; 

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

6 ‘‘and enforcement of protection orders 

7 across State and tribal lines’’ before the 

8 period; 

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

10 ‘‘and training in police departments to im11 prove tracking of cases’’ and inserting 

12 ‘‘data collection systems, and training in 

13 police departments to improve tracking of 

14 cases and classification of complaints’’; 

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

16 ‘‘and provide the appropriate training and 

17 education about domestic violence, dating 

18 violence, sexual assault, and stalking’’ after 

19 ‘‘computer tracking systems’’; 

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

21 ‘‘and other victim services’’ after ‘‘legal ad22 vocacy service programs’’; 

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

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

25 tribal, territorial, and local judges, courts, 


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1 and court-based and court-related per2 sonnel’’; 

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

4 ‘‘and sexual assault’’ and inserting ‘‘dating 

5 violence, sexual assault, and stalking’’; 

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

7 ‘‘non-profit, non-governmental victim serv8 ices organizations,’’ and inserting ‘‘victim 

9 service providers, staff from population 

10 specific organizations,’’; and 

11 (ix) by adding at the end the fol12 lowing: 

13 ‘‘(14) To develop and implement training pro14 grams for prosecutors and other prosecution-related 

15 personnel regarding best practices to ensure offender 

16 accountability, victim safety, and victim consultation 

17 in cases involving domestic violence, dating violence, 

18 sexual assault, and stalking. 

19 ‘‘(15) To develop or strengthen policies, proto20 cols, and training for law enforcement, prosecutors, 

21 and the judiciary in recognizing, investigating, and 

22 prosecuting instances of domestic violence, dating vi23 olence, sexual assault, and stalking against immi24 grant victims, including the appropriate use of appli25 cations for nonimmigrant status under subparaVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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1 graphs (T) and (U) of section 101(a)(15) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1101(a)(15)). 

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

5 tribal legislation and policies that enhance best prac6 tices for responding to the crimes of domestic vio7 lence, dating violence, sexual assault, and stalking, 

8 including the appropriate treatment of victims. 

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

10 assault nurse examiner programs or sexual assault 

11 forensic examiner programs, including the hiring 

12 and training of such examiners. 

13 ‘‘(18) To develop, implement, or enhance Sex14 ual Assault Response Teams or similar coordinated 

15 community responses to sexual assault. 

16 ‘‘(19) To develop and strengthen policies, proto17 cols, and training for law enforcement officers and 

18 prosecutors regarding the investigation and prosecu19 tion of sexual assault cases and the appropriate 

20 treatment of victims. 

21 ‘‘(20) To provide human immunodeficiency 

22 virus testing programs, counseling, and prophylaxis 

23 for victims of sexual assault. 

24 ‘‘(21) To identify and inventory backlogs of sex25 ual assault evidence collection kits and to develop 


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1 protocols for responding to and addressing such 

2 backlogs, including policies and protocols for noti3 fying and involving victims. 

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

5 teams focusing on reducing domestic violence and 

6 dating violence homicides by— 

7 ‘‘(A) using evidence-based indicators to as8 sess the risk of homicide and link high-risk vic9 tims to immediate crisis intervention services; 

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

11 offenders; and 

12 ‘‘(C) providing ongoing victim advocacy 

13 and referrals to comprehensive services includ14 ing legal, housing, health care, and economic 

15 assistance.’’; 

16 (B) in subsection (c)— 

17 (i) in paragraph (1)— 

18 (I) in the matter preceding sub19 paragraph (A), by inserting ‘‘except 

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

21 (II) by redesignating subpara22 graphs (A) and (B) as clauses (i) and 

23 (ii), and adjusting the margin accord24 ingly; 


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

2 ‘‘except for a court,’’ before ‘‘dem3 onstrate’’; 

4 (iii) in paragraph (3)— 

5 (I) by striking ‘‘spouses’’ each 

6 place it appears and inserting ‘‘par7 ties’’; and 

8 (II) by striking ‘‘spouse’’ and in9 serting ‘‘party’’; 

10 (iv) in paragraph (4)— 

11 (I) by inserting ‘‘, dating vio12 lence, sexual assault, or stalking’’ 

13 after ‘‘felony domestic violence’’; 

14 (II) by inserting ‘‘modification, 

15 enforcement, dismissal,’’ after ‘‘reg16 istration,’’ each place it appears; 

17 (III) by inserting ‘‘dating vio18 lence,’’ after ‘‘victim of domestic vio19 lence,’’; and 

20 (IV) by striking ‘‘and’’ at the 

21 end; 

22 (v) in paragraph (5)— 

23 (I) in the matter preceding sub24 paragraph (A), by striking ‘‘, not later 

25 than 3 years after January 5, 2006’’; 


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1 (II) by inserting ‘‘, trial of, or 

2 sentencing for’’ after ‘‘investigation 

3 of’’ each place it appears; 

4 (III) by redesignating subpara5 graphs (A) and (B) as clauses (i) and 

6 (ii), and adjusting the margin accord7 ingly; 

8 (IV) in clause (ii), as redesig9 nated by subclause (III) of this 

10 clause, by striking ‘‘subparagraph 

11 (A)’’ and inserting ‘‘clause (i)’’; and 

12 (V) by striking the period at the 

13 end and inserting ‘‘; and’’; 

14 (vi) by redesignating paragraphs (1) 

15 through (5), as amended by this subpara16 graph, as subparagraphs (A) through (E), 

17 respectively; 

18 (vii) in the matter preceding subpara19 graph (A), as redesignated by clause (v) of 

20 this subparagraph— 

21 (I) by striking the comma that 

22 immediately follows another comma; 

23 and 


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1 (II) by striking ‘‘grantees are 

2 States’’ and inserting the following: 

3 ‘‘grantees are— 

4 ‘‘(1) States’’; and 

5 (viii) by adding at the end the fol6 lowing: 

7 ‘‘(2) a State, tribal, or territorial domestic vio8 lence or sexual assault coalition or a victim service 

9 provider that partners with a State, Indian tribal 

10 government, or unit of local government that cer11 tifies that the State, Indian tribal government, or 

12 unit of local government meets the requirements 

13 under paragraph (1).’’; 

14 (C) in subsection (d)— 

15 (i) in paragraph (1)— 

16 (I) in the matter preceding sub17 paragraph (A), by inserting ‘‘, policy,’’ 

18 after ‘‘law’’; and 

19 (II) in subparagraph (A), by in20 serting ‘‘and the defendant is in cus21 tody or has been served with the in22 formation or indictment’’ before the 

23 semicolon; and 

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

25 and inserting ‘‘its’’; and 


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

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

3 amounts appropriated for purposes of this part for each 

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

5 grants under section 2001 of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg). 

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

8 amounts appropriated for purposes of this part for each 

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

10 projects that address sexual assault, including stranger 

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

12 and rape within the context of an intimate partner rela13 tionship.’’; and 

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

15 1(a))— 

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

17 after ‘‘tribal government,’’; and 

18 (B) in paragraph (4), by striking ‘‘non19 profit, private sexual assault and domestic vio20 lence programs’’ and inserting ‘‘victim service 

21 providers and, as appropriate, population spe22 cific organizations’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 1001(a)(19) of title I of the Omnibus Crime Control and 


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

2 amended— 

3 (1) by striking ‘‘$75,000,000’’ and all that fol4 lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 

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

6 (2) by striking the period that immediately fol7 lows another period. 

8 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

9 Section 1201 of the Violence Against Women Act of 

10 2000 (42 U.S.C. 3796gg–6) is amended— 

11 (1) in subsection (a)— 

12 (A) in the first sentence, by striking ‘‘aris13 ing as a consequence of’’ and inserting ‘‘relat14 ing to or arising out of’’; and 

15 (B) in the second sentence, by inserting 

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

17 (2) in subsection (b)— 

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

19 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; 

20 and 

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

22 after ‘‘definitions’’; 

23 (3) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘victims 

2 services organizations’’ and inserting ‘‘victim 

3 service providers’’; and 

4 (B) by striking paragraph (3) and insert5 ing the following: 

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

7 and projects to provide competent, supervised pro 

8 bono legal assistance for victims of domestic vio9 lence, dating violence, sexual assault, or stalking, ex10 cept that not more than 10 percent of the funds 

11 awarded under this section may be used for the pur12 pose described in this paragraph.’’; 

13 (4) in subsection (d)— 

14 (A) in paragraph (1), by striking ‘‘this sec15 tion has completed’’ and all that follows and in16 serting the following: ‘‘this section—’’ 

17 ‘‘(A) has demonstrated expertise in pro18 viding legal assistance to victims of domestic vi19 olence, dating violence, sexual assault, or stalk20 ing in the targeted population; or 

21 ‘‘(B)(i) is partnered with an entity or per22 son that has demonstrated expertise described 

23 in subparagraph (A); and 

24 ‘‘(ii) has completed, or will complete, train25 ing in connection with domestic violence, dating 


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1 violence, stalking, or sexual assault and related 

2 legal issues, including training on evidence3 based risk factors for domestic and dating vio4 lence homicide;’’; and 

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

6 organization’’ and inserting ‘‘stalking victim 

7 service provider’’; and 

8 (5) in subsection (f) in paragraph (1), by strik9 ing ‘‘this section’’ and all that follows and inserting 

10 the following: ‘‘this section $57,000,000 for each of 

11 fiscal years 2013 through 2017.’’. 

12 SEC. 104. CONSOLIDATION OF GRANTS TO SUPPORT FAMI13 LIES IN THE JUSTICE SYSTEM. 

14 (a) IN GENERAL.—Title III of division B of the Vic15 tims of Trafficking and Violence Protection Act of 2000 

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

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

18 10420), as amended by section 306 of the Violence 

19 Against Women and Department of Justice Reauthoriza20 tion Act of 2005 (Public Law 109–162; 119 Stat. 316), 

21 and inserting the following: 

22 ‘‘SEC. 1301. GRANTS TO SUPPORT FAMILIES IN THE JUS23 TICE SYSTEM. 

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

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1 ing juvenile courts), Indian tribal governments, nonprofit 

2 organizations, legal services providers, and victim services 

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

4 and criminal justice system to families with a history of 

5 domestic violence, dating violence, sexual assault, or stalk6 ing, or in cases involving allegations of child sexual abuse. 

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

8 may be used to— 

9 ‘‘(1) provide supervised visitation and safe visi10 tation exchange of children and youth by and be11 tween parents in situations involving domestic vio12 lence, dating violence, child sexual abuse, sexual as13 sault, or stalking; 

14 ‘‘(2) develop and promote State, local, and trib15 al legislation, policies, and best practices for improv16 ing civil and criminal court functions, responses, 

17 practices, and procedures in cases involving a history 

18 of domestic violence or sexual assault, or in cases in19 volving allegations of child sexual abuse, including 

20 cases in which the victim proceeds pro se; 

21 ‘‘(3) educate court-based and court-related per22 sonnel and court-appointed personnel (including cus23 tody evaluators and guardians ad litem) and child 

24 protective services workers on the dynamics of do25 mestic violence, dating violence, sexual assault, and 


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1 stalking, including information on perpetrator behav2 ior, evidence-based risk factors for domestic and dat3 ing violence homicide, and on issues relating to the 

4 needs of victims, including safety, security, privacy, 

5 and confidentiality, including cases in which the vic6 tim proceeds pro se; 

7 ‘‘(4) provide appropriate resources in juvenile 

8 court matters to respond to dating violence, domestic 

9 violence, sexual assault (including child sexual 

10 abuse), and stalking and ensure necessary services 

11 dealing with the health and mental health of victims 

12 are available; 

13 ‘‘(5) enable courts or court-based or court-re14 lated programs to develop or enhance— 

15 ‘‘(A) court infrastructure (such as special16 ized courts, consolidated courts, dockets, intake 

17 centers, or interpreter services); 

18 ‘‘(B) community-based initiatives within 

19 the court system (such as court watch pro20 grams, victim assistants, pro se victim assist21 ance programs, or community-based supple22 mentary services); 

23 ‘‘(C) offender management, monitoring, 

24 and accountability programs; 


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1 ‘‘(D) safe and confidential information2 storage and information-sharing databases 

3 within and between court systems; 

4 ‘‘(E) education and outreach programs to 

5 improve community access, including enhanced 

6 access for underserved populations; and 

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

8 responses to domestic violence, dating violence, 

9 sexual assault, and stalking; 

10 ‘‘(6) provide civil legal assistance and advocacy 

11 services, including legal information and resources in 

12 cases in which the victim proceeds pro se, to— 

13 ‘‘(A) victims of domestic violence; and 

14 ‘‘(B) nonoffending parents in matters— 

15 ‘‘(i) that involve allegations of child 

16 sexual abuse; 

17 ‘‘(ii) that relate to family matters, in18 cluding civil protection orders, custody, 

19 and divorce; and 

20 ‘‘(iii) in which the other parent is rep21 resented by counsel; 

22 ‘‘(7) collect data and provide training and tech23 nical assistance, including developing State, local, 

24 and tribal model codes and policies, to improve the 

25 capacity of grantees and communities to address the 


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1 civil justice needs of victims of domestic violence, 

2 dating violence, sexual assault, and stalking who 

3 have legal representation, who are proceeding pro se, 

4 or who are proceeding with the assistance of a legal 

5 advocate; and 

6 ‘‘(8) to improve training and education to assist 

7 judges, judicial personnel, attorneys, child welfare 

8 personnel, and legal advocates in the civil justice 

9 system. 

10 ‘‘(c) CONSIDERATIONS.— 

11 ‘‘(1) IN GENERAL.—In making grants for pur12 poses described in paragraphs (1) through (7) of 

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

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

15 by the proposed programs and services; 

16 ‘‘(B) the extent to which the proposed pro17 grams and services serve underserved popu18 lations; 

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

20 demonstrates cooperation and collaboration 

21 with nonprofit, nongovernmental entities in the 

22 local community with demonstrated histories of 

23 effective work on domestic violence, dating vio24 lence, sexual assault, or stalking, including 

25 State or tribal domestic violence coalitions, 


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1 State or tribal sexual assault coalitions, local 

2 shelters, and programs for domestic violence 

3 and sexual assault victims; and 

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

5 demonstrates coordination and collaboration 

6 with State, tribal, and local court systems, in7 cluding mechanisms for communication and re8 ferral. 

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

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

11 into account the extent to which the grantee has ex12 pertise addressing the judicial system’s handling of 

13 family violence, child custody, child abuse and ne14 glect, adoption, foster care, supervised visitation, di15 vorce, and parentage. 

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

17 General may make a grant under this section to an appli18 cant that— 

19 ‘‘(1) demonstrates expertise in the areas of do20 mestic violence, dating violence, sexual assault, 

21 stalking, or child sexual abuse, as appropriate; 

22 ‘‘(2) ensures that any fees charged to individ23 uals for use of supervised visitation programs and 

24 services are based on the income of those individ25 uals, unless otherwise provided by court order; 


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1 ‘‘(3) for a court-based program, certifies that 

2 victims of domestic violence, dating violence, sexual 

3 assault, or stalking are not charged fees or any 

4 other costs related to the filing, petitioning, modi5 fying, issuance, registration, enforcement, with6 drawal, or dismissal of matters relating to the do7 mestic violence, dating violence, sexual assault, or 

8 stalking; 

9 ‘‘(4) demonstrates that adequate security meas10 ures, including adequate facilities, procedures, and 

11 personnel capable of preventing violence, and ade12 quate standards are, or will be, in place (including 

13 the development of protocols or policies to ensure 

14 that confidential information is not shared with 

15 courts, law enforcement agencies, or child welfare 

16 agencies unless necessary to ensure the safety of any 

17 child or adult using the services of a program fund18 ed under this section), if the applicant proposes to 

19 operate supervised visitation programs and services 

20 or safe visitation exchange; 

21 ‘‘(5) certifies that the organizational policies of 

22 the applicant do not require mediation or counseling 

23 involving offenders and victims being physically 

24 present in the same place, in cases where domestic 


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1 violence, dating violence, sexual assault, or stalking 

2 is alleged; 

3 ‘‘(6) certifies that any person providing legal 

4 assistance through a program funded under this sec5 tion has completed or will complete training on do6 mestic violence, dating violence, sexual assault, and 

7 stalking, including child sexual abuse, and related 

8 legal issues; and 

9 ‘‘(7) certifies that any person providing custody 

10 evaluation or guardian ad litem services through a 

11 program funded under this section has completed or 

12 will complete training developed with input from and 

13 in collaboration with a tribal, State, territorial, or 

14 local domestic violence, dating violence, sexual as15 sault, or stalking victim service provider or coalition 

16 on the dynamics of domestic violence and sexual as17 sault, including child sexual abuse, that includes 

18 training on how to review evidence of past abuse and 

19 the use of evidenced-based theories to make rec20 ommendations on custody and visitation. 

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

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

23 $22,000,000 for each of fiscal years 2013 through 2017. 

24 Amounts appropriated pursuant to this subsection shall 

25 remain available until expended. 


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

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

3 the total amount available under this section for 

4 each fiscal year shall be available for grants under 

5 the program authorized by section 3796gg–10 of 

6 this title. 

7 ‘‘(2) APPLICABILITY OF PART.—The require8 ments of this section shall not apply to funds allo9 cated for the program described in paragraph (1).’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 Subtitle J of the Violence Against Women Act of 1994 

12 (42 U.S.C. 14043 et seq.) is repealed. 

13 SEC. 105. SEX OFFENDER MANAGEMENT. 

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

15 of 1994 (42 U.S.C. 13941) is amended by striking 

16 ‘‘$5,000,000’’ and all that follows and inserting 

17 ‘‘$5,000,000 for each of fiscal years 2013 through 2017.’’. 

18 SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE PRO19 GRAM. 

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

21 (42 U.S.C. 13011 et seq.) is amended— 

22 (1) in section 216 (42 U.S.C. 13012), by strik23 ing ‘‘January 1, 2010’’ and inserting ‘‘January 1, 

24 2015’’; 

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


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1 (A) by striking ‘‘Code of Ethics’’ in section 

2 (c)(2) and inserting ‘‘Standards for Programs’’; 

3 and 

4 (B) by adding at the end the following: 

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

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

7 the Administrator a report regarding the use of the grant 

8 for the fiscal year, including a discussion of outcome per9 formance measures (which shall be established by the Ad10 ministrator) to determine the effectiveness of the pro11 grams of the organization in meeting the needs of children 

12 in the child welfare system.’’; and 

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

14 striking ‘‘fiscal years 2007 through 2011’’ and in15 serting ‘‘fiscal years 2013 through 2017’’. 

16 SEC. 107. CRIMINAL PROVISION RELATING TO STALKING, 

17 INCLUDING CYBERSTALKING. 

18 (a) INTERSTATE DOMESTIC VIOLENCE.—Section 

19 2261(a)(1) of title 18, United States Code, is amended— 

20 (1) by inserting ‘‘is present’’ after ‘‘Indian 

21 Country or’’; and 

22 (2) by inserting ‘‘or presence’’ after ‘‘as a result 

23 of such travel’’; 

24 (b) STALKING.—Section 2261A of title 18, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 2261A. Stalking 

2 ‘‘Whoever— 

3 ‘‘(1) travels in interstate or foreign commerce 

4 or is present within the special maritime and terri5 torial jurisdiction of the United States, or enters or 

6 leaves Indian country, with the intent to kill, injure, 

7 harass, intimidate, or place under surveillance with 

8 intent to kill, injure, harass, or intimidate another 

9 person, and in the course of, or as a result of, such 

10 travel or presence engages in conduct that— 

11 ‘‘(A) places that person in reasonable fear 

12 of the death of, or serious bodily injury to— 

13 ‘‘(i) that person; 

14 ‘‘(ii) an immediate family member (as 

15 defined in section 115) of that person; or 

16 ‘‘(iii) a spouse or intimate partner of 

17 that person; or 

18 ‘‘(B) causes, attempts to cause, or would 

19 be reasonably expected to cause substantial 

20 emotional distress to a person described in 

21 clause (i), (ii), or (iii) of subparagraph (A); or 

22 ‘‘(2) with the intent to kill, injure, harass, in23 timidate, or place under surveillance with intent to 

24 kill, injure, harass, or intimidate another person, 

25 uses the mail, any interactive computer service or 

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1 munication system of interstate commerce, or any 

2 other facility of interstate or foreign commerce to 

3 engage in a course of conduct that— 

4 ‘‘(A) places that person in reasonable fear 

5 of the death of or serious bodily injury to a per6 son described in clause (i), (ii), or (iii) of para7 graph (1)(A); or 

8 ‘‘(B) causes, attempts to cause, or would 

9 be reasonably expected to cause substantial 

10 emotional distress to a person described in 

11 clause (i), (ii), or (iii) of paragraph (1)(A), 

12 shall be punished as provided in section 2261(b) of 

13 this title.’’. 

14 (c) INTERSTATE VIOLATION OF PROTECTION

15 ORDER.—Section 2262(a)(2) of title 18, United States 

16 Code, is amended by inserting ‘‘is present’’ after ‘‘Indian 

17 Country or’’. 

18 SEC. 108. OUTREACH AND SERVICES TO UNDERSERVED 

19 POPULATIONS GRANT. 

20 Section 120 of the Violence Against Women and De21 partment of Justice Reauthorization Act of 2005 (42 

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

23 ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERVICES TO UN24 DERSERVED POPULATIONS. 

25 ‘‘(a) GRANTS AUTHORIZED.— 


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1 ‘‘(1) IN GENERAL.—Of the amounts appro2 priated under the grant programs identified in para3 graph (2), the Attorney General shall take 2 percent 

4 of such appropriated amounts and combine them to 

5 award grants to eligible entities described in sub6 section (b) of this section to develop and implement 

7 outreach strategies targeted at adult or youth vic8 tims of domestic violence, dating violence, sexual as9 sault, or stalking in underserved populations and to 

10 provide victim services to meet the needs of adult 

11 and youth victims of domestic violence, dating vio12 lence, sexual assault, and stalking in underserved 

13 populations. The requirements of the grant pro14 grams identified in paragraph (2) shall not apply to 

15 this grant program. 

16 ‘‘(2) PROGRAMS COVERED.—The programs cov17 ered by paragraph (1) are the programs carried out 

18 under the following provisions: 

19 ‘‘(A) Section 2001 of the Omnibus Crime 

20 Control and Safe Streets Act of 1968 (Grants 

21 to Combat Violent Crimes Against Women). 

22 ‘‘(B) Section 2101 of the Omnibus Crime 

23 Control and Safe Streets Act of 1968 (Grants 

24 to Encourage Arrest Policies and Enforcement 

25 of Protection Orders Program). 


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

2 this section are— 

3 ‘‘(1) population specific organizations that have 

4 demonstrated experience and expertise in providing 

5 population specific services in the relevant under6 served communities, or population specific organiza7 tions working in partnership with a victim service 

8 provider or domestic violence or sexual assault coali9 tion; 

10 ‘‘(2) victim service providers offering population 

11 specific services for a specific underserved popu12 lation; or 

13 ‘‘(3) victim service providers working in part14 nership with a national, State, tribal, or local organi15 zation that has demonstrated experience and exper16 tise in providing population specific services in the 

17 relevant underserved population. 

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

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

20 section to make one-time planning grants to eligible enti21 ties to support the planning and development of specially 

22 designed and targeted programs for adult and youth vic23 tims in one or more underserved populations, including— 

24 ‘‘(1) identifying, building and strengthening 

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1 derserved populations, Federal, State, tribal, terri2 torial or local government entities, and public and 

3 private organizations; 

4 ‘‘(2) conducting a needs assessment of the com5 munity and the targeted underserved population or 

6 populations to determine what the barriers are to 

7 service access and what factors contribute to those 

8 barriers, using input from the targeted underserved 

9 population or populations; 

10 ‘‘(3) identifying promising prevention, outreach 

11 and intervention strategies for victims from a tar12 geted underserved population or populations; and 

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

14 targeted underserved population or populations, for 

15 implementing prevention, outreach and intervention 

16 strategies to address the barriers to accessing serv17 ices, promoting community engagement in the pre18 vention of domestic violence, dating violence, sexual 

19 assault, and stalking within the targeted under20 served populations, and evaluating the program. 

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

22 General shall make grants to eligible entities for the pur23 pose of providing or enhancing population specific out24 reach and services to adult and youth victims in one or 

25 more underserved populations, including— 


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1 ‘‘(1) working with Federal, State, tribal, terri2 torial and local governments, agencies, and organiza3 tions to develop or enhance population specific serv4 ices; 

5 ‘‘(2) strengthening the capacity of underserved 

6 populations to provide population specific services; 

7 ‘‘(3) strengthening the capacity of traditional 

8 victim service providers to provide population spe9 cific services; 

10 ‘‘(4) strengthening the effectiveness of criminal 

11 and civil justice interventions by providing training 

12 for law enforcement, prosecutors, judges and other 

13 court personnel on domestic violence, dating vio14 lence, sexual assault, or stalking in underserved pop15 ulations; or 

16 ‘‘(5) working in cooperation with an under17 served population to develop and implement out18 reach, education, prevention, and intervention strate19 gies that highlight available resources and the spe20 cific issues faced by victims of domestic violence, 

21 dating violence, sexual assault, or stalking from un22 derserved populations. 

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

24 grant under this section shall submit an application to the 

25 Director of the Office on Violence Against Women at such 


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

2 may prescribe. 

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

4 under this section shall submit to the Director of the Of5 fice on Violence Against Women a report that describes 

6 the activities carried out with grant funds. 

7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In ad8 dition to the funds identified in subsection (a)(1), there 

9 are authorized to be appropriated to carry out this section 

10 $2,000,000 for each of fiscal years 2013 through 2017. 

11 ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.—In 

12 this section the definitions and grant conditions in section 

13 40002 of the Violence Against Women Act of 1994 (42 

14 U.S.C. 13925) shall apply.’’. 

15 SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT. 

16 Section 121 of the Violence Against Women and De17 partment of Justice Reauthorization Act of 2005 (42 

18 U.S.C. 14045a) is amended— 

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

20 LINGUISTICALLY’’; 

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

22 appears; 

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

24 appears; 

25 (4) by striking subsection (a)(2) and inserting: 


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1 ‘‘(2) PROGRAMS COVERED.—The programs cov2 ered by paragraph (1) are the programs carried out 

3 under the following provisions: 

4 ‘‘(A) Section 2101 of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (Grants 

6 to Encourage Arrest Policies and Enforcement 

7 of Protection Orders). 

8 ‘‘(B) Section 14201 of division B of the 

9 Victims of Trafficking and Violence Protection 

10 Act of 2000 (42 U.S.C. 3796gg–6) (Legal As11 sistance for Victims). 

12 ‘‘(C) Section 40295 of the Violence 

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

14 (Rural Domestic Violence, Dating Violence, 

15 Sexual Assault, Stalking, and Child Abuse En16 forcement Assistance). 

17 ‘‘(D) Section 40802 of the Violence 

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

19 14041a) (Enhanced Training and Services to 

20 End Violence Against Women Later in Life). 

21 ‘‘(E) Section 1402 of division B of the Vic22 tims of Trafficking and Violence Protection Act 

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

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1 lence Against and Abuse of Women with Dis2 abilities).’’; and 

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

4 and’’. 

5 TITLE II—IMPROVING SERVICES 

6 FOR VICTIMS OF DOMESTIC 

7 VIOLENCE, DATING VIO8 LENCE, SEXUAL ASSAULT, 

9 AND STALKING 

10 SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. 

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

12 41601(b) of the Violence Against Women Act of 1994 (42 

13 U.S.C. 14043g(b)) is amended— 

14 (1) in paragraph (1), by striking ‘‘other pro15 grams’’ and all that follows and inserting ‘‘other 

16 nongovernmental or tribal programs and projects to 

17 assist individuals who have been victimized by sexual 

18 assault, without regard to the age of the indi19 vidual.’’; 

20 (2) in paragraph (2)— 

21 (A) in subparagraph (B), by inserting ‘‘or 

22 tribal programs and activities’’ after ‘‘non23 governmental organizations’’; and 

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

25 ‘‘linguistically and’’; and 


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1 (3) in paragraph (4)— 

2 (A) by inserting ‘‘(including the District of 

3 Columbia and Puerto Rico)’’ after ‘‘The Attor4 ney General shall allocate to each State’’; 

5 (B) by striking ‘‘the District of Columbia, 

6 Puerto Rico,’’ after ‘‘Guam’’; 

7 (C) by striking ‘‘0.125 percent’’ and in8 serting ‘‘0.25 percent’’; and 

9 (D) by striking ‘‘The District of Columbia 

10 shall be treated as a territory for purposes of 

11 calculating its allocation under the preceding 

12 formula.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 41601(f)(1) of the Violence Against Women Act of 1994 

15 (42 U.S.C. 14043g(f)(1)) is amended by striking 

16 ‘‘$50,000,000 to remain available until expended for each 

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

18 ‘‘$40,000,000 to remain available until expended for each 

19 of fiscal years 2013 through 2017’’. 

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

21 SEXUAL ASSAULT, STALKING, AND CHILD 

22 ABUSE ENFORCEMENT ASSISTANCE. 

23 Section 40295 of the Violence Against Women Act 

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


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1 (1) in subsection (a)(1)(H), by inserting ‘‘, in2 cluding sexual assault forensic examiners’’ before the 

3 semicolon; 

4 (2) in subsection (b)— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘victim advocacy 

7 groups’’ and inserting ‘‘victim service pro8 viders’’; and 

9 (ii) by inserting ‘‘, including devel10 oping multidisciplinary teams focusing on 

11 high-risk cases with the goal of preventing 

12 domestic and dating violence homicides’’ 

13 before the semicolon; 

14 (B) in paragraph (2)— 

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

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

17 assistance, and other long-term and short18 term victim and population specific serv19 ices’’; and 

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

21 (C) in paragraph (3), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

24 ‘‘(4) developing, enlarging, or strengthening 

25 programs addressing sexual assault, including sexual 


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1 assault forensic examiner programs, Sexual Assault 

2 Response Teams, law enforcement training, and pro3 grams addressing rape kit backlogs. 

4 ‘‘(5) developing programs and strategies that 

5 focus on the specific needs of victims of domestic vi6 olence, dating violence, sexual assault, and stalking 

7 who reside in remote rural and geographically iso8 lated areas, including addressing the challenges 

9 posed by the lack of access to shelters and victims 

10 services, and limited law enforcement resources and 

11 training, and providing training and resources to 

12 Community Health Aides involved in the delivery of 

13 Indian Health Service programs.’’; and 

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

15 ‘‘$55,000,000 for each of the fiscal years 2007 

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

17 of fiscal years 2013 through 2017’’. 

18 SEC. 203. TRAINING AND SERVICES TO END VIOLENCE 

19 AGAINST WOMEN WITH DISABILITIES 

20 GRANTS. 

21 Section 1402 of division B of the Victims of Traf22 ficking and Violence Protection Act of 2000 (42 U.S.C. 

23 3796gg–7) is amended— 

24 (1) in subsection (b)— 


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1 (A) in paragraph (1), by inserting ‘‘(in2 cluding using evidence-based indicators to as3 sess the risk of domestic and dating violence 

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

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

6 service organizations’’ and inserting ‘‘victim 

7 service providers’’; and 

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

9 services organizations’’ and inserting ‘‘victim 

10 service providers’’; 

11 (2) in subsection (c)(1)(D), by striking ‘‘non12 profit and nongovernmental victim services organiza13 tion, such as a State’’ and inserting ‘‘victim service 

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

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

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

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

18 through 2017’’. 

19 SEC. 204. ENHANCED TRAINING AND SERVICES TO END 

20 ABUSE IN LATER LIFE. 

21 (a) IN GENERAL.—Subtitle H of the Violence Against 

22 Women Act of 1994 (42 U.S.C. 14041 et seq.) is amended 

23 to read as follows: 


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1 ‘‘Subtitle H—Enhanced Training 

2 and Services to End Abuse 

3 Later in Life 

4 ‘‘SEC. 40801. ENHANCED TRAINING AND SERVICES TO END 

5 ABUSE IN LATER LIFE. 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘exploitation’ has the meaning 

8 given the term in section 2011 of the Social Security 

9 Act (42 U.S.C. 1397j); 

10 ‘‘(2) the term ‘later life’, relating to an indi11 vidual, means the individual is 50 years of age or 

12 older; and 

13 ‘‘(3) the term ‘neglect’ means the failure of a 

14 caregiver or fiduciary to provide the goods or serv15 ices that are necessary to maintain the health or 

16 safety of an individual in later life. 

17 ‘‘(b) GRANT PROGRAM.— 

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

19 General may make grants to eligible entities to carry 

20 out the activities described in paragraph (2). 

21 ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI22 TIES.— 

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

24 entity receiving a grant under this section shall 

25 use the funds received under the grant to— 


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1 ‘‘(i) provide training programs to as2 sist law enforcement agencies, prosecutors, 

3 agencies of States or units of local govern4 ment, population specific organizations, 

5 victim service providers, victim advocates, 

6 and relevant officers in Federal, tribal, 

7 State, territorial, and local courts in recog8 nizing and addressing instances of elder 

9 abuse; 

10 ‘‘(ii) provide or enhance services for 

11 victims of abuse in later life, including do12 mestic violence, dating violence, sexual as13 sault, stalking, exploitation, and neglect; 

14 ‘‘(iii) establish or support multidisci15 plinary collaborative community responses 

16 to victims of abuse in later life, including 

17 domestic violence, dating violence, sexual 

18 assault, stalking, exploitation, and neglect; 

19 and 

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

21 enforcement agencies, prosecutors, agen22 cies of States or units of local government, 

23 attorneys, health care providers, population 

24 specific organizations, faith-based advo25 cates, victim service providers, and courts 


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1 to better serve victims of abuse in later 

2 life, including domestic violence, dating vio3 lence, sexual assault, stalking, exploitation, 

4 and neglect. 

5 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi6 ble entity receiving a grant under this section 

7 may use the funds received under the grant 

8 to— 

9 ‘‘(i) provide training programs to as10 sist attorneys, health care providers, faith11 based leaders, or other community-based 

12 organizations in recognizing and address13 ing instances of abuse in later life, includ14 ing domestic violence, dating violence, sex15 ual assault, stalking, exploitation, and ne16 glect; or 

17 ‘‘(ii) conduct outreach activities and 

18 awareness campaigns to ensure that vic19 tims of abuse in later life, including domes20 tic violence, dating violence, sexual assault, 

21 stalking, exploitation, and neglect receive 

22 appropriate assistance. 

23 ‘‘(C) WAIVER.—The Attorney General may 

24 waive 1 or more of the activities described in 

25 subparagraph (A) upon making a determination 


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1 that the activity would duplicate services avail2 able in the community. 

3 ‘‘(D) LIMITATION.—An eligible entity re4 ceiving a grant under this section may use not 

5 more than 10 percent of the total funds re6 ceived under the grant for an activity described 

7 in subparagraph (B)(ii). 

8 ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be 

9 eligible to receive a grant under this section if— 

10 ‘‘(A) the entity is— 

11 ‘‘(i) a State; 

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

13 ‘‘(iii) a tribal government or tribal or14 ganization; 

15 ‘‘(iv) a population specific organiza16 tion with demonstrated experience in as17 sisting individuals over 50 years of age; 

18 ‘‘(v) a victim service provider with 

19 demonstrated experience in addressing do20 mestic violence, dating violence, sexual as21 sault, and stalking; or 

22 ‘‘(vi) a State, tribal, or territorial do23 mestic violence or sexual assault coalition; 

24 and 


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1 ‘‘(B) the entity demonstrates that it is 

2 part of a multidisciplinary partnership that in3 cludes, at a minimum— 

4 ‘‘(i) a law enforcement agency; 

5 ‘‘(ii) a prosecutor’s office; 

6 ‘‘(iii) a victim service provider; and 

7 ‘‘(iv) a nonprofit program or govern8 ment agency with demonstrated experience 

9 in assisting individuals in later life; 

10 ‘‘(4) UNDERSERVED POPULATIONS.—In making 

11 grants under this section, the Attorney General shall 

12 give priority to proposals providing services to cul13 turally specific and underserved populations. 

14 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to carry out 

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

17 through 2017.’’. 

18 TITLE III—SERVICES, PROTEC19 TION, AND JUSTICE FOR 

20 YOUNG VICTIMS OF VIO21 LENCE 

22 SEC. 301. RAPE PREVENTION AND EDUCATION GRANT. 

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

24 U.S.C. 280b–1b) is amended— 

25 (1) in subsection (a)— 


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

2 by inserting ‘‘, territorial or tribal’’ after ‘‘crisis 

3 centers, State’’; and 

4 (B) in paragraph (6), by inserting ‘‘and al5 cohol’’ after ‘‘about drugs’’; and 

6 (2) in subsection (c)— 

7 (A) in paragraph (1), by striking 

8 ‘‘$80,000,000 for each of fiscal years 2007 

9 through 2011’’ and inserting ‘‘$50,000,000 for 

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

11 (B) by adding at the end the following: 

12 ‘‘(3) BASELINE FUNDING FOR STATES, THE

13 DISTRICT OF COLUMBIA, AND PUERTO RICO.—A 

14 minimum allocation of $150,000 shall be awarded in 

15 each fiscal year for each of the States, the District 

16 of Columbia, and Puerto Rico. A minimum alloca17 tion of $35,000 shall be awarded in each fiscal year 

18 for each Territory. Any unused or remaining funds 

19 shall be allotted to each State, the District of Co20 lumbia, and Puerto Rico on the basis of popu21 lation.’’. 


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

2 SERVICES, AND EDUCATION FOR CHILDREN 

3 AND YOUTH. 

4 Subtitle L of the Violence Against Women Act of 

5 1994 is amended by striking sections 41201 through 

6 41204 (42 U.S.C. 14043c through 14043c–3) and insert7 ing the following: 

8 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP9 TIONS, SERVICES, AND EDUCATION FOR 

10 CHILDREN AND YOUTH (‘CHOOSE CHILDREN 

11 AND YOUTH’). 

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

13 working in collaboration with the Secretary of Health and 

14 Human Services and the Secretary of Education, shall 

15 award grants to enhance the safety of youth and children 

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

17 violence, sexual assault, or stalking and prevent future vio18 lence. 

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

20 this section may be used for the following program pur21 pose areas: 

22 ‘‘(1) SERVICES TO ADVOCATE FOR AND RE23 SPOND TO YOUTH.—To develop, expand, and 

24 strengthen victim-centered interventions and services 

25 that target youth who are victims of domestic vio26 lence, dating violence, sexual assault, and stalking. 


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1 Services may include victim services, counseling, ad2 vocacy, mentoring, educational support, transpor3 tation, legal assistance in civil, criminal and admin4 istrative matters, such as family law cases, housing 

5 cases, child welfare proceedings, campus administra6 tive proceedings, and civil protection order pro7 ceedings, services to address the co-occurrence of sex 

8 trafficking, population-specific services, and other 

9 activities that support youth in finding safety, sta10 bility, and justice and in addressing the emotional, 

11 cognitive, and physical effects of trauma. Funds may 

12 be used to— 

13 ‘‘(A) assess and analyze currently available 

14 services for youth victims of domestic violence, 

15 dating violence, sexual assault, and stalking, de16 termining relevant barriers to such services in 

17 a particular locality, and developing a commu18 nity protocol to address such problems collabo19 ratively; 

20 ‘‘(B) develop and implement policies, prac21 tices, and procedures to effectively respond to 

22 domestic violence, dating violence, sexual as23 sault, or stalking against youth; or 

24 ‘‘(C) provide technical assistance and 

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1 sonnel, victim service providers, child protective 

2 service workers, staff of law enforcement agen3 cies, prosecutors, court personnel, individuals 

4 who work in after school programs, medical 

5 personnel, social workers, mental health per6 sonnel, and workers in other programs that 

7 serve children and youth to improve their ability 

8 to appropriately respond to the needs of chil9 dren and youth who are victims of domestic vio10 lence, dating violence, sexual assault, and stalk11 ing, and to properly refer such children, youth, 

12 and their families to appropriate services. 

13 ‘‘(2) SUPPORTING YOUTH THROUGH EDU14 CATION AND PROTECTION.—To enable middle 

15 schools, high schools, and institutions of higher edu16 cation to— 

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

18 including healthcare providers and security per19 sonnel, on the needs of students who are vic20 tims of domestic violence, dating violence, sex21 ual assault, or stalking; 

22 ‘‘(B) develop and implement prevention 

23 and intervention policies in middle and high 

24 schools, including appropriate responses to, and 

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1 dents who are experiencing or perpetrating do2 mestic violence, dating violence, sexual assault, 

3 or stalking, and procedures for handling the re4 quirements of court protective orders issued to 

5 or against students; 

6 ‘‘(C) provide support services for student 

7 victims of domestic violence, dating violence, 

8 sexual assault or stalking, such as a resource 

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

10 ‘‘(D) implement developmentally appro11 priate educational programming for students re12 garding domestic violence, dating violence, sex13 ual assault, and stalking and the impact of such 

14 violence on youth; or 

15 ‘‘(E) develop strategies to increase identi16 fication, support, referrals, and prevention pro17 gramming for youth who are at high risk of do18 mestic violence, dating violence, sexual assault, 

19 or stalking. 

20 ‘‘(c) ELIGIBLE APPLICANTS.— 

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

22 grant under this section, an entity shall be— 

23 ‘‘(A) a victim service provider, tribal non24 profit, or population-specific or community25 based organization with a demonstrated history 


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1 of effective work addressing the needs of youth 

2 who are, including runaway or homeless youth 

3 affected by, victims of domestic violence, dating 

4 violence, sexual assault, or stalking; 

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

6 partnered with an entity that has a dem7 onstrated history of effective work addressing 

8 the needs of youth; or 

9 ‘‘(C) a public, charter, tribal, or nationally 

10 accredited private middle or high school, a 

11 school administered by the Department of De12 fense under section 2164 of title 10, United 

13 States Code or section 1402 of the Defense De14 pendents’ Education Act of 1978, a group of 

15 schools, a school district, or an institution of 

16 higher education. 

17 ‘‘(2) PARTNERSHIPS.— 

18 ‘‘(A) EDUCATION.—To be eligible to re19 ceive a grant for the purposes described in sub20 section (b)(2), an entity described in paragraph 

21 (1) shall be partnered with a public, charter, 

22 tribal, or nationally accredited private middle or 

23 high school, a school administered by the De24 partment of Defense under section 2164 of title 

25 10, United States Code or section 1402 of the 


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1 Defense Dependents’ Education Act of 1978, a 

2 group of schools, a school district, or an institu3 tion of higher education. 

4 ‘‘(B) OTHER PARTNERSHIPS.—All appli5 cants under this section are encouraged to work 

6 in partnership with organizations and agencies 

7 that work with the relevant population. Such 

8 entities may include— 

9 ‘‘(i) a State, tribe, unit of local gov10 ernment, or territory; 

11 ‘‘(ii) a population specific or commu12 nity-based organization; 

13 ‘‘(iii) batterer intervention programs 

14 or sex offender treatment programs with 

15 specialized knowledge and experience work16 ing with youth offenders; or 

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

18 nongovernmental organizations with the 

19 capacity to provide effective assistance to 

20 the adult, youth, and child victims served 

21 by the partnership. 

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

23 grants under this section shall establish and implement 

24 policies, practices, and procedures that— 


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1 ‘‘(1) require and include appropriate referral 

2 systems for child and youth victims; 

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

4 child and youth victim information, particularly in 

5 the context of parental or third-party involvement 

6 and consent, mandatory reporting duties, and work7 ing with other service providers all with priority on 

8 victim safety and autonomy; and 

9 ‘‘(3) ensure that all individuals providing inter10 vention or prevention programming to children or 

11 youth through a program funded under this section 

12 have completed, or will complete, sufficient training 

13 in connection with domestic violence, dating violence, 

14 sexual assault and stalking. 

15 ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In 

16 this section, the definitions and grant conditions provided 

17 for in section 40002 shall apply. 

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

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

20 $15,000,000 for each of fiscal years 2013 through 2017. 

21 ‘‘(g) ALLOTMENT.— 

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

23 the total amount appropriated under this section for 

24 each fiscal year shall be used for the purposes de25 scribed in subsection (b)(1). 


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

2 of the total amount appropriated under this section 

3 for each fiscal year shall be made available for 

4 grants under the program authorized by section 

5 2015 of the Omnibus Crime Control and Safe 

6 Streets Act of 1968. The requirements of this sec7 tion shall not apply to funds allocated under this 

8 paragraph. 

9 ‘‘(h) PRIORITY.—The Attorney General shall 

10 prioritize grant applications under this section that coordi11 nate with prevention programs in the community.’’. 

12 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM13 PUSES. 

14 Section 304 of the Violence Against Women and De15 partment of Justice Reauthorization Act of 2005 (42 

16 U.S.C. 14045b) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘stalking on campuses, 

20 and’’ and inserting ‘‘stalking on cam21 puses,’’; 

22 (ii) by striking ‘‘crimes against women 

23 on’’ and inserting ‘‘crimes on’’; and 

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

25 strengthen prevention education and 


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1 awareness programs’’ before the period; 

2 and 

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

4 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

5 (2) in subsection (b)— 

6 (A) in paragraph (2)— 

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

8 ‘‘To develop’’; and 

9 (ii) by inserting ‘‘including the use of 

10 technology to commit these crimes,’’ after 

11 ‘‘sexual assault and stalking,’’; 

12 (B) in paragraph (4)— 

13 (i) by inserting ‘‘and population spe14 cific services’’ after ‘‘strengthen victim 

15 services programs’’; 

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

17 and all that follows through ‘‘stalking vic18 tim services programs’’ and inserting ‘‘vic19 tim service providers’’; and 

20 (iii) by inserting ‘‘, regardless of 

21 whether the services are provided by the 

22 institution or in coordination with commu23 nity victim service providers’’ before the 

24 period at the end; and 

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


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1 ‘‘(9) To develop or adapt and provide develop2 mental, culturally appropriate, and linguistically ac3 cessible print or electronic materials to address both 

4 prevention and intervention in domestic violence, 

5 dating violence, sexual violence, and stalking. 

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

7 strategies and projects for victims of domestic vio8 lence, dating violence, sexual assault, and stalking 

9 from underserved populations on campus.’’; 

10 (3) in subsection (c)— 

11 (A) in paragraph (2)— 

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

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

14 through ‘‘victim services programs’’ and 

15 inserting ‘‘victim service providers’’; 

16 (ii) by redesignating subparagraphs 

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

18 through (G), respectively; and 

19 (iii) by inserting after subparagraph 

20 (C), the following: 

21 ‘‘(D) describe how underserved populations 

22 in the campus community will be adequately 

23 served, including the provision of relevant popu24 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 redesignating paragraph (3) as 

6 paragraph (4); and 

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

8 following: 

9 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— 

10 Each grantee shall comply with the following min11 imum requirements during the grant period: 

12 ‘‘(A) The grantee shall create a coordi13 nated community response including both orga14 nizations external to the institution and rel15 evant divisions of the institution. 

16 ‘‘(B) The grantee shall establish a manda17 tory prevention and education program on do18 mestic violence, dating violence, sexual assault, 

19 and stalking for all incoming students. 

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

21 law enforcement to respond effectively to do22 mestic violence, dating violence, sexual assault, 

23 and stalking. 

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

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1 tively to situations involving domestic violence, 

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

3 and 

4 (5) in subsection (e), by striking ‘‘there are’’ 

5 and all that follows through the period and inserting 

6 ‘‘there is authorized to be appropriated $12,000,000 

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

8 SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO9 LENCE, DATING VIOLENCE, AND STALKING 

10 EDUCATION AND PREVENTION. 

11 (a) IN GENERAL.—Section 485(f) of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (C)(iii), by striking 

15 the period at the end and inserting ‘‘, when the 

16 victim of such crime elects or is unable to make 

17 such a report.’’; and 

18 (B) in subparagraph (F)— 

19 (i) in clause (i)(VIII), by striking 

20 ‘‘and’’ after the semicolon; 

21 (ii) in clause (ii)— 

22 (I) by striking ‘‘sexual orienta23 tion’’ and inserting ‘‘ national origin, 

24 sexual orientation, gender identity,’’; 

25 and 


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1 (II) by striking the period and 

2 inserting ‘‘; and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) of domestic violence, dating vio6 lence, and stalking incidents that were re7 ported to campus security authorities or 

8 local police agencies.’’; 

9 (2) in paragraph (3), by inserting ‘‘, that with10 holds the names of victims as confidential,’’ after 

11 ‘‘that is timely’’; 

12 (3) in paragraph (6)(A)— 

13 (A) by redesignating clauses (i), (ii), and 

14 (iii) as clauses (ii), (iii), and (iv), respectively; 

15 (B) by inserting before clause (ii), as re16 designated by subparagraph (A), the following: 

17 ‘‘(i) The terms ‘dating violence’, ‘domestic vio18 lence’, and ‘stalking’ have the meaning given such 

19 terms in section 40002(a) of the Violence Against 

20 Women Act of 1994 (42 U.S.C. 13925(a)).’’; and 

21 (C) by inserting after clause (iv), as redes22 ignated by subparagraph (A), the following: 

23 ‘‘(v) The term ‘sexual assault’ means an offense 

24 classified as a forcible or nonforcible sex offense 


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1 under the uniform crime reporting system of the 

2 Federal Bureau of Investigation.’’; 

3 (4) in paragraph (7)— 

4 (A) by striking ‘‘paragraph (1)(F)’’ and in5 serting ‘‘clauses (i) and (ii) of paragraph 

6 (1)(F)’’; and 

7 (B) by inserting after ‘‘Hate Crime Statis8 tics Act.’’ the following: ‘‘For the offenses of 

9 domestic violence, dating violence, and stalking, 

10 such statistics shall be compiled in accordance 

11 with the definitions used in section 40002(a) of 

12 the Violence Against Women Act of 1994 (42 

13 U.S.C. 13925(a)).’’; 

14 (5) by striking paragraph (8) and inserting the 

15 following: 

16 ‘‘(8)(A) Each institution of higher education partici17 pating in any program under this title and title IV of the 

18 Economic Opportunity Act of 1964, other than a foreign 

19 institution of higher education, shall develop and dis20 tribute as part of the report described in paragraph (1) 

21 a statement of policy regarding— 

22 ‘‘(i) such institution’s programs to prevent do23 mestic violence, dating violence, sexual assault, and 

24 stalking; and 


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1 ‘‘(ii) the procedures that such institution will 

2 follow once an incident of domestic violence, dating 

3 violence, sexual assault, or stalking has been re4 ported. 

5 ‘‘(B) The policy described in subparagraph (A) shall 

6 address the following areas: 

7 ‘‘(i) Education programs to promote the aware8 ness of rape, acquaintance rape, domestic violence, 

9 dating violence, sexual assault, and stalking, which 

10 shall include— 

11 ‘‘(I) primary prevention and awareness 

12 programs for all incoming students and new 

13 employees, which shall include— 

14 ‘‘(aa) a statement that the institution 

15 of higher education prohibits the offenses 

16 of domestic violence, dating violence, sex17 ual assault, and stalking; 

18 ‘‘(bb) the definition of domestic vio19 lence, dating violence, sexual assault, and 

20 stalking in the applicable jurisdiction; 

21 ‘‘(cc) the definition of consent, in ref22 erence to sexual activity, in the applicable 

23 jurisdiction; 

24 ‘‘(dd) safe and positive options for by25 stander intervention that may be carried 


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1 out by an individual to prevent harm or in2 tervene when there is a risk of domestic vi3 olence, dating violence, sexual assault, or 

4 stalking against a person other than such 

5 individual; 

6 ‘‘(ee) information on risk reduction to 

7 recognize warning signs of abusive behav8 ior and how to avoid potential attacks; and 

9 ‘‘(ff) the information described in 

10 clauses (ii) through (vii); and 

11 ‘‘(II) ongoing prevention and awareness 

12 campaigns for students and faculty, including 

13 information described in items (aa) through (ff) 

14 of subclause (I). 

15 ‘‘(ii) Possible sanctions or protective measures 

16 that such institution may impose following a final 

17 determination of an institutional disciplinary proce18 dure regarding rape, acquaintance rape, domestic vi19 olence, dating violence, sexual assault, or stalking. 

20 ‘‘(iii) Procedures victims should follow if a sex 

21 offense, domestic violence, dating violence, sexual as22 sault, or stalking has occurred, including informa23 tion in writing about— 

24 ‘‘(I) the importance of preserving evidence 

25 as may be necessary to the proof of criminal doVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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1 mestic violence, dating violence, sexual assault, 

2 or stalking, or in obtaining a protection order; 

3 ‘‘(II) to whom the alleged offense should 

4 be reported; 

5 ‘‘(III) options regarding law enforcement 

6 and campus authorities, including notification 

7 of the victim’s option to— 

8 ‘‘(aa) notify proper law enforcement 

9 authorities, including on-campus and local 

10 police; 

11 ‘‘(bb) be assisted by campus authori12 ties in notifying law enforcement authori13 ties if the victim so chooses; and 

14 ‘‘(cc) decline to notify such authori15 ties; and 

16 ‘‘(IV) where applicable, the rights of vic17 tims and the institution’s responsibilities re18 garding orders of protection, no contact orders, 

19 restraining orders, or similar lawful orders 

20 issued by a criminal, civil, or tribal court. 

21 ‘‘(iv) Procedures for institutional disciplinary 

22 action in cases of alleged domestic violence, dating 

23 violence, sexual assault, or stalking, which shall in24 clude a clear statement that— 

25 ‘‘(I) such proceedings shall— 


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1 ‘‘(aa) provide a prompt and equitable 

2 investigation and resolution; and 

3 ‘‘(bb) be conducted by officials who 

4 receive annual training on the issues re5 lated to domestic violence, dating violence, 

6 sexual assault, and stalking and how to 

7 conduct an investigation and hearing proc8 ess that protects the safety of victims and 

9 promotes accountability; 

10 ‘‘(II) the accuser and the accused are enti11 tled to the same opportunities to have others 

12 present during an institutional disciplinary pro13 ceeding, including the opportunity to be accom14 panied to any related meeting or proceeding by 

15 an advisor of their choice; and 

16 ‘‘(III) both the accuser and the accused 

17 shall be simultaneously informed, in writing, 

18 of— 

19 ‘‘(aa) the outcome of any institutional 

20 disciplinary proceeding that arises from an 

21 allegation of domestic violence, dating vio22 lence, sexual assault, or stalking; 

23 ‘‘(bb) the institution’s procedures for 

24 the accused and the victim to appeal the 


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1 results of the institutional disciplinary pro2 ceeding; 

3 ‘‘(cc) of any change to the results that 

4 occurs prior to the time that such results 

5 become final; and 

6 ‘‘(dd) when such results become final. 

7 ‘‘(v) Information about how the institution will 

8 protect the confidentiality of victims, including how 

9 publicly available recordkeeping will be accomplished 

10 without the inclusion of identifying information 

11 about the victim, to the extent permissible by law. 

12 ‘‘(vi) Written notification of students and em13 ployees about existing counseling, health, mental 

14 health, victim advocacy, legal assistance, and other 

15 services available for victims both on-campus and in 

16 the community. 

17 ‘‘(vii) Written notification of victims about op18 tions for, and available assistance in, changing aca19 demic, living, transportation, and working situations, 

20 if so requested by the victim and if such accom21 modations are reasonably available, regardless of 

22 whether the victim chooses to report the crime to 

23 campus police or local law enforcement. 

24 ‘‘(C) A student or employee who reports to an institu25 tion of higher education that the student or employee has 


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1 been a victim of domestic violence, dating violence, sexual 

2 assault, or stalking, whether the offense occurred on or 

3 off campus, shall be provided with a written explanation 

4 of the student or employee’s rights and options, as de5 scribed in clauses (ii) through (vii) of subparagraph (B).’’; 

6 (6) in paragraph (9), by striking ‘‘The Sec7 retary’’ and inserting ‘‘The Secretary, in consulta8 tion with the Attorney General of the United 

9 States,’’; 

10 (7) by striking paragraph (16) and inserting 

11 the following: 

12 ‘‘(16)(A) The Secretary shall seek the advice and 

13 counsel of the Attorney General of the United States con14 cerning the development, and dissemination to institutions 

15 of higher education, of best practices information about 

16 campus safety and emergencies. 

17 ‘‘(B) The Secretary shall seek the advice and counsel 

18 of the Attorney General of the United States and the Sec19 retary of Health and Human Services concerning the de20 velopment, and dissemination to institutions of higher 

21 education, of best practices information about preventing 

22 and responding to incidents of domestic violence, dating 

23 violence, sexual assault, and stalking, including elements 

24 of institutional policies that have proven successful based 

25 on evidence-based outcome measurements.’’; and 


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1 (8) by striking paragraph (17) and inserting 

2 the following: 

3 ‘‘(17) No officer, employee, or agent of an institution 

4 participating in any program under this title shall retali5 ate, intimidate, threaten, coerce, or otherwise discriminate 

6 against any individual for exercising their rights or re7 sponsibilities under any provision of this subsection.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect with respect to the annual 

10 security report under section 485(f)(1) of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by 

12 an institution of higher education 1 calendar year after 

13 the date of enactment of this Act, and each subsequent 

14 calendar year. 

15 TITLE IV—VIOLENCE 

16 REDUCTION PRACTICES 

17 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS18 EASE CONTROL AND PREVENTION. 

19 Section 402(c) of the Violence Against Women and 

20 Department of Justice Reauthorization Act of 2005 (42 

21 U.S.C. 280b–4(c)) is amended by striking ‘‘$2,000,000 for 

22 each of the fiscal years 2007 through 2011’’ and inserting 

23 ‘‘$1,000,000 for each of the fiscal years 2013 through 

24 2017’’. 


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1 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

2 THROUGH PREVENTION GRANTS. 

3 (a) SMART PREVENTION.—Section 41303 of the Vi4 olence Against Women Act of 1994 (42 U.S.C. 14043d– 

5 2) is amended to read as follows: 

6 ‘‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES 

7 THROUGH PREVENTION (SMART PREVEN8 TION). 

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

10 in consultation with the Secretary of Health and Human 

11 Services and the Secretary of Education, is authorized to 

12 award grants for the purpose of preventing domestic vio13 lence, dating violence, sexual assault, and stalking by tak14 ing a comprehensive approach that focuses on youth, chil15 dren exposed to violence, and men as leaders and 

16 influencers of social norms. 

17 ‘‘(b) USE OF FUNDS.—Funds provided under this 

18 section may be used for the following purposes: 

19 ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND

20 PREVENTION.—To develop, maintain, or enhance 

21 programs that change attitudes and behaviors 

22 around the acceptability of domestic violence, dating 

23 violence, sexual assault, and stalking and provide 

24 education and skills training to young individuals 

25 and individuals who influence young individuals. The 

26 prevention program may use evidence-based, eviVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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1 dence-informed, or innovative strategies and prac2 tices focused on youth. Such a program should in3 clude— 

4 ‘‘(A) age and developmentally appropriate 

5 education on domestic violence, dating violence, 

6 sexual assault, stalking, and sexual coercion, as 

7 well as healthy relationship skills, in school, in 

8 the community, or in health care settings; 

9 ‘‘(B) community-based collaboration and 

10 training for those with influence on youth, such 

11 as parents, teachers, coaches, healthcare pro12 viders, faith-leaders, older teens, and mentors; 

13 ‘‘(C) education and outreach to change en14 vironmental factors contributing to domestic vi15 olence, dating violence, sexual assault, and 

16 stalking; and 

17 ‘‘(D) policy development targeted to pre18 vention, including school-based policies and pro19 tocols. 

20 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

21 ABUSE.—To develop, maintain or enhance programs 

22 designed to prevent future incidents of domestic vio23 lence, dating violence, sexual assault, and stalking 

24 by preventing, reducing and responding to children’s 


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1 exposure to violence in the home. Such programs 

2 may include— 

3 ‘‘(A) providing services for children ex4 posed to domestic violence, dating violence, sex5 ual assault or stalking, including direct coun6 seling or advocacy, and support for the non7 abusing parent; and 

8 ‘‘(B) training and coordination for edu9 cational, after-school, and childcare programs 

10 on how to safely and confidentially identify chil11 dren and families experiencing domestic vio12 lence, dating violence, sexual assault, or stalk13 ing and properly refer children exposed and 

14 their families to services and violence prevention 

15 programs. 

16 ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE

17 MODELS.—To develop, maintain or enhance pro18 grams that work with men to prevent domestic vio19 lence, dating violence, sexual assault, and stalking 

20 by helping men to serve as role models and social 

21 influencers of other men and youth at the individual, 

22 school, community or statewide levels. 

23 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

24 a grant under this section, an entity shall be— 


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1 ‘‘(1) a victim service provider, community-based 

2 organization, tribe or tribal organization, or other 

3 nonprofit, nongovernmental organization that has a 

4 history of effective work preventing domestic vio5 lence, dating violence, sexual assault, or stalking and 

6 expertise in the specific area for which they are ap7 plying for funds; or 

8 ‘‘(2) a partnership between a victim service pro9 vider, community-based organization, tribe or tribal 

10 organization, or other nonprofit, nongovernmental 

11 organization that has a history of effective work pre12 venting domestic violence, dating violence, sexual as13 sault, or stalking and at least one of the following 

14 that has expertise in serving children exposed to do15 mestic violence, dating violence, sexual assault, or 

16 stalking, youth domestic violence, dating violence, 

17 sexual assault, or stalking prevention, or engaging 

18 men to prevent domestic violence, dating violence, 

19 sexual assault, or stalking: 

20 ‘‘(A) A public, charter, tribal, or nationally 

21 accredited private middle or high school, a 

22 school administered by the Department of De23 fense under section 2164 of title 10, United 

24 States Code or section 1402 of the Defense DeVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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1 pendents’ Education Act of 1978, a group of 

2 schools, or a school district. 

3 ‘‘(B) A local community-based organiza4 tion, population-specific organization, or faith5 based organization that has established exper6 tise in providing services to youth. 

7 ‘‘(C) A community-based organization, 

8 population-specific organization, university or 

9 health care clinic, faith-based organization, or 

10 other nonprofit, nongovernmental organization 

11 with a demonstrated history of effective work 

12 addressing the needs of children exposed to do13 mestic violence, dating violence, sexual assault, 

14 or stalking. 

15 ‘‘(D) A nonprofit, nongovernmental entity 

16 providing services for runaway or homeless 

17 youth affected by domestic violence, dating vio18 lence, sexual assault, or stalking. 

19 ‘‘(E) Healthcare entities eligible for reim20 bursement under title XVIII of the Social Secu21 rity Act, including providers that target the 

22 special needs of children and youth. 

23 ‘‘(F) Any other agencies, population-spe24 cific organizations, or nonprofit, nongovern25 mental organizations with the capacity to proVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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1 vide necessary expertise to meet the goals of the 

2 program; or 

3 ‘‘(3) a public, charter, tribal, or nationally ac4 credited private middle or high school, a school ad5 ministered by the Department of Defense under sec6 tion 2164 of title 10, United States Code or section 

7 1402 of the Defense Dependents’ Education Act of 

8 1978, a group of schools, a school district, or an in9 stitution of higher education. 

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— 

21 ‘‘(A) include appropriate referral systems 

22 to direct any victim identified during program 

23 activities to highly qualified follow-up care; 

24 ‘‘(B) protect the confidentiality and pri25 vacy of adult and youth victim information, 


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1 particularly in the context of parental or third2 party involvement and consent, mandatory re3 porting duties, and working with other service 

4 providers; 

5 ‘‘(C) ensure that all individuals providing 

6 prevention programming through a program 

7 funded under this section have completed or 

8 will complete sufficient training in connection 

9 with domestic violence, dating violence, sexual 

10 assault or stalking; and 

11 ‘‘(D) document how prevention programs 

12 are coordinated with service programs in the 

13 community. 

14 ‘‘(3) PREFERENCE.—In selecting grant recipi15 ents under this section, the Attorney General shall 

16 give preference to applicants that— 

17 ‘‘(A) include outcome-based evaluation; 

18 and 

19 ‘‘(B) identify any other community, school, 

20 or State-based efforts that are working on do21 mestic violence, dating violence, sexual assault, 

22 or stalking prevention and explain how the 

23 grantee or partnership will add value, coordi24 nate with other programs, and not duplicate ex25 isting efforts. 


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1 ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In 

2 this section, the definitions and grant conditions provided 

3 for in section 40002 shall apply. 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

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

6 $15,000,000 for each of fiscal years 2013 through 2017. 

7 Amounts appropriated under this section may only be used 

8 for programs and activities described under this section. 

9 ‘‘(g) ALLOTMENT.— 

10 ‘‘(1) IN GENERAL.—Not less than 25 percent of 

11 the total amounts appropriated under this section in 

12 each fiscal year shall be used for each set of pur13 poses described in paragraphs (1), (2), and (3) of 

14 subsection (b). 

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

16 of the total amounts appropriated under this section 

17 in each fiscal year shall be made available for grants 

18 to Indian tribes or tribal organizations. If an insuffi19 cient number of applications are received from In20 dian tribes or tribal organizations, such funds shall 

21 be allotted to other population-specific programs.’’. 

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 HEALTHCARE 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 HEALTHCARE 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 HEALTHCARE 

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 culturally com9 petent clinical training components for in10 tegration into approved internship, resi11 dency, and fellowship training or con12 tinuing medical or other health education 

13 training that address physical, mental, and 

14 behavioral health issues, including protec15 tive factors, related to domestic violence, 

16 dating violence, sexual assault, stalking, 

17 and other forms of violence and abuse, 

18 focus on reducing health disparities and 

19 preventing violence and abuse, and include 

20 the primacy of victim safety and confiden21 tiality; 

22 ‘‘(B) design and implement comprehensive 

23 strategies to improve the response of the health 

24 care system to domestic or sexual violence in 

25 clinical and public health settings, hospitals, 


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1 clinics, and other health settings (including be2 havioral and mental health), under subsection 

3 (a)(3) through— 

4 ‘‘(i) the implementation, dissemina5 tion, and evaluation of policies and proce6 dures to guide health professionals and 

7 public health staff in identifying and re8 sponding to domestic violence, dating vio9 lence, sexual assault, and stalking, includ10 ing strategies to ensure that health infor11 mation is maintained in a manner that 

12 protects the patient’s privacy and safety, 

13 and safely uses health information tech14 nology to improve documentation, identi15 fication, assessment, treatment, and follow16 up care; 

17 ‘‘(ii) the development of on-site access 

18 to services to address the safety, medical, 

19 and mental health needs of patients by in20 creasing the capacity of existing health 

21 care professionals and public health staff 

22 to address domestic violence, dating vio23 lence, sexual assault, and stalking, or by 

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1 ices or to model other services appropriate 

2 to the geographic and cultural needs of a 

3 site; 

4 ‘‘(iii) the development of measures 

5 and methods for the evaluation of the 

6 practice of identification, intervention, and 

7 documentation regarding victims of domes8 tic violence, dating violence, sexual assault, 

9 and stalking, including the development 

10 and testing of quality improvement meas11 urements, in accordance with the multi12 stakeholder and quality measurement proc13 esses established under paragraphs (7) and 

14 (8) of section 1890(b) and section 1890A 

15 of the Social Security Act (42 U.S.C. 

16 1395aaa(b)(7) and (8); 42 U.S.C. 1890A); 

17 and 

18 ‘‘(iv) the provision of training and fol19 low-up technical assistance to health care 

20 professionals, and public health staff, and 

21 allied health professionals to identify, as22 sess, treat, and refer clients who are vic23 tims of domestic violence, dating violence, 

24 sexual assault, or stalking, including using 


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1 tools and training materials already devel2 oped. 

3 ‘‘(2) PERMISSIBLE USES.— 

4 ‘‘(A) CHILD AND ELDER ABUSE.—To the 

5 extent consistent with the purpose of this sec6 tion, a grantee may use amounts received under 

7 this section to address, as part of a comprehen8 sive programmatic approach implemented under 

9 the grant, issues relating to child or elder 

10 abuse. 

11 ‘‘(B) RURAL AREAS.—Grants funded 

12 under paragraphs (1) and (2) of subsection (a) 

13 may be used to offer to rural areas community14 based training opportunities, which may include 

15 the use of distance learning networks and other 

16 available technologies needed to reach isolated 

17 rural areas, for medical, nursing, and other 

18 health profession students and residents on do19 mestic violence, dating violence, sexual assault, 

20 stalking, and, as appropriate, other forms of vi21 olence and abuse. 

22 ‘‘(C) OTHER USES.—Grants funded under 

23 subsection (a)(3) may be used for— 

24 ‘‘(i) the development of training mod25 ules and policies that address the overlap 


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1 of child abuse, domestic violence, dating vi2 olence, sexual assault, and stalking and 

3 elder abuse, as well as childhood exposure 

4 to domestic and sexual violence; 

5 ‘‘(ii) the development, expansion, and 

6 implementation of sexual assault forensic 

7 medical examination or sexual assault 

8 nurse examiner programs; 

9 ‘‘(iii) the inclusion of the health ef10 fects of lifetime exposure to violence and 

11 abuse as well as related protective factors 

12 and behavioral risk factors in health pro13 fessional training schools including med14 ical, dental, nursing, social work, and men15 tal and behavioral health curricula, and al16 lied health service training courses; or 

17 ‘‘(iv) the integration of knowledge of 

18 domestic violence, dating violence, sexual 

19 assault, and stalking into health care ac20 creditation and professional licensing ex21 aminations, such as medical, dental, social 

22 work, and nursing boards, and where ap23 propriate, other allied health exams. 

24 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

25 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 


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1 ‘‘(A) IN GENERAL.—Grantees under this 

2 section shall ensure that all programs developed 

3 with grant funds address issues of confiden4 tiality and patient safety and comply with appli5 cable confidentiality and nondisclosure require6 ments under section 40002(b)(2) of the Vio7 lence Against Women Act of 1994 and the 

8 Family Violence Prevention and Services Act, 

9 and that faculty and staff associated with deliv10 ering educational components are fully trained 

11 in procedures that will protect the immediate 

12 and ongoing security and confidentiality of the 

13 patients, patient records, and staff. Such grant14 ees shall consult entities with demonstrated ex15 pertise in the confidentiality and safety needs of 

16 victims of domestic violence, dating violence, 

17 sexual assault, and stalking on the development 

18 and adequacy of confidentially and security pro19 cedures, and provide documentation of such 

20 consultation. 

21 ‘‘(B) ADVANCE NOTICE OF INFORMATION

22 DISCLOSURE.—Grantees under this section shall 

23 provide to patients advance notice about any 

24 circumstances under which information may be 

25 disclosed, such as mandatory reporting laws, 


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1 and shall give patients the option to receive in2 formation and referrals without affirmatively 

3 disclosing abuse. 

4 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX5 PENSES.—A grantee shall use not more than 10 per6 cent of the amounts received under a grant under 

7 this section for administrative expenses. 

8 ‘‘(3) APPLICATION.— 

9 ‘‘(A) PREFERENCE.—In selecting grant re10 cipients under this section, the Secretary shall 

11 give preference to applicants based on the 

12 strength of their evaluation strategies, with pri13 ority given to outcome based evaluations. 

14 ‘‘(B) SUBSECTION (a) (1) AND (2) GRANT15 EES.—Applications for grants under para16 graphs (1) and (2) of subsection (a) shall in17 clude— 

18 ‘‘(i) documentation that the applicant 

19 represents a team of entities working col20 laboratively to strengthen the response of 

21 the health care system to domestic vio22 lence, dating violence, sexual assault, or 

23 stalking, and which includes at least one of 

24 each of— 


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1 ‘‘(I) an accredited school of 

2 allopathic or osteopathic medicine, 

3 psychology, nursing, dentistry, social 

4 work, or other health field; 

5 ‘‘(II) a health care facility or sys6 tem; or 

7 ‘‘(III) a government or nonprofit 

8 entity with a history of effective work 

9 in the fields of domestic violence, dat10 ing violence, sexual assault, or stalk11 ing; and 

12 ‘‘(ii) strategies for the dissemination 

13 and sharing of curricula and other edu14 cational materials developed under the 

15 grant, if any, with other interested health 

16 professions schools and national resource 

17 repositories for materials on domestic vio18 lence, dating violence, sexual assault, and 

19 stalking. 

20 ‘‘(C) SUBSECTION (a)(3) GRANTEES.—An 

21 entity desiring a grant under subsection (a)(3) 

22 shall submit an application to the Secretary at 

23 such time, in such a manner, and containing 

24 such information and assurances as the Sec25 retary may require, including— 


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1 ‘‘(i) documentation that all training, 

2 education, screening, assessment, services, 

3 treatment, and any other approach to pa4 tient care will be informed by an under5 standing of violence and abuse victimiza6 tion and trauma-specific approaches that 

7 will be integrated into prevention, interven8 tion, and treatment activities; 

9 ‘‘(ii) strategies for the development 

10 and implementation of policies to prevent 

11 and address domestic violence, dating vio12 lence, sexual assault, and stalking over the 

13 lifespan in health care settings; 

14 ‘‘(iii) a plan for consulting with State 

15 and tribal domestic violence or sexual as16 sault coalitions, national nonprofit victim 

17 advocacy organizations, State or tribal law 

18 enforcement task forces (where appro19 priate), and population specific organiza20 tions with demonstrated expertise in do21 mestic violence, dating violence, sexual as22 sault, or stalking; 

23 ‘‘(iv) with respect to an application 

24 for a grant under which the grantee will 

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1 oped in collaboration with local victim serv2 ice providers, to respond appropriately to 

3 and make correct referrals for individuals 

4 who disclose that they are victims of do5 mestic violence, dating violence, sexual as6 sault, stalking, or other types of violence, 

7 and documentation provided by the grantee 

8 of an ongoing collaborative relationship 

9 with a local victim service provider; and 

10 ‘‘(v) with respect to an application for 

11 a grant proposing to fund a program de12 scribed in subsection (b)(2)(C)(ii), a cer13 tification that any sexual assault forensic 

14 medical examination and sexual assault 

15 nurse examiner programs supported with 

16 such grant funds will adhere to the guide17 lines set forth by the Attorney General. 

18 ‘‘(d) ELIGIBLE ENTITIES.— 

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

20 funding under paragraph (1) or (2) of subsection 

21 (a), an entity shall be— 

22 ‘‘(A) a nonprofit organization with a his23 tory of effective work in the field of training 

24 health professionals with an understanding of, 

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1 lence, dating violence, sexual assault, or stalk2 ing, and lifetime exposure to violence and 

3 abuse; 

4 ‘‘(B) an accredited school of allopathic or 

5 osteopathic medicine, psychology, nursing, den6 tistry, social work, or allied health; 

7 ‘‘(C) a health care provider membership or 

8 professional organization, or a health care sys9 tem; or 

10 ‘‘(D) a State, tribal, territorial, or local en11 tity. 

12 ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be eli13 gible to receive funding under subsection (a)(3), an 

14 entity shall be— 

15 ‘‘(A) a State department (or other divi16 sion) of health, a State, tribal, or territorial do17 mestic violence or sexual assault coalition or 

18 victim service provider, or any other nonprofit, 

19 nongovernmental organization with a history of 

20 effective work in the fields of domestic violence, 

21 dating violence, sexual assault, or stalking, and 

22 health care, including physical or mental health 

23 care; or 

24 ‘‘(B) a local victim service provider, a local 

25 department (or other division) of health, a local 


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1 health clinic, hospital, or health system, or any 

2 other community-based organization with a his3 tory of effective work in the field of domestic vi4 olence, dating violence, sexual assault, or stalk5 ing and health care, including physical or men6 tal health care. 

7 ‘‘(e) TECHNICAL ASSISTANCE.— 

8 ‘‘(1) IN GENERAL.—Of the funds made avail9 able to carry out this section for any fiscal year, the 

10 Secretary may make grants or enter into contracts 

11 to provide technical assistance with respect to the 

12 planning, development, and operation of any pro13 gram, activity or service carried out pursuant to this 

14 section. Not more than 8 percent of the funds ap15 propriated under this section in each fiscal year may 

16 be used to fund technical assistance under this sub17 section. 

18 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec19 retary shall make publicly available materials devel20 oped by grantees under this section, including mate21 rials on training, best practices, and research and 

22 evaluation. 

23 ‘‘(3) REPORTING.—The Secretary shall publish 

24 a biennial report on— 


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1 ‘‘(A) the distribution of funds under this 

2 section; and 

3 ‘‘(B) the programs and activities supported 

4 by such funds. 

5 ‘‘(f) RESEARCH AND EVALUATION.— 

6 ‘‘(1) IN GENERAL.—Of the funds made avail7 able to carry out this section for any fiscal year, the 

8 Secretary may use not more than 20 percent to 

9 make a grant or enter into a contract for research 

10 and evaluation of— 

11 ‘‘(A) grants awarded under this section; 

12 and 

13 ‘‘(B) other training for health professionals 

14 and effective interventions in the health care 

15 setting that prevent domestic violence, dating 

16 violence, and sexual assault across the lifespan, 

17 prevent the health effects of such violence, and 

18 improve the safety and health of individuals 

19 who are currently being victimized. 

20 ‘‘(2) RESEARCH.—Research authorized in para21 graph (1) may include— 

22 ‘‘(A) research on the effects of domestic vi23 olence, dating violence, sexual assault, and 

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1 tions, and health status of individuals, families, 

2 and populations, including underserved popu3 lations; 

4 ‘‘(B) research to determine effective health 

5 care interventions to respond to and prevent do6 mestic violence, dating violence, sexual assault, 

7 and stalking; 

8 ‘‘(C) research on the impact of domestic, 

9 dating and sexual violence, childhood exposure 

10 to such violence, and stalking on the health care 

11 system, health care utilization, health care 

12 costs, and health status; and 

13 ‘‘(D) research on the impact of adverse 

14 childhood experiences on adult experience with 

15 domestic violence, dating violence, sexual as16 sault, stalking, and adult health outcomes, in17 cluding how to reduce or prevent the impact of 

18 adverse childhood experiences through the 

19 health care setting. 

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

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

22 $10,000,000 for each of fiscal years 2013 through 2017. 

23 ‘‘(h) DEFINITIONS.—Except as otherwise provided 

24 herein, the definitions provided for in section 40002 of the 


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1 Violence Against Women Act of 1994 shall apply to this 

2 section.’’. 

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

4 (1) Section 40297 of the Violence Against 

5 Women Act of 1994 (42 U.S.C. 13973). 

6 (2) Section 758 of the Public Health Service 

7 Act (42 U.S.C. 294h). 

8 TITLE VI—SAFE HOMES FOR VIC9 TIMS OF DOMESTIC VIO10 LENCE, DATING VIOLENCE, 

11 SEXUAL ASSAULT, AND 

12 STALKING 

13 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES14 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

15 ASSAULT, AND STALKING. 

16 (a) AMENDMENT.—Subtitle N of the Violence 

17 Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 

18 is amended— 

19 (1) by inserting after the subtitle heading the 

20 following: 

21 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

22 (2) in section 41402 (42 U.S.C. 14043e–1), in 

23 the matter preceding paragraph (1), by striking 

24 ‘‘subtitle’’ and inserting ‘‘chapter’’; 


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1 (3) in section 41403 (42 U.S.C. 14043e–2), in 

2 the matter preceding paragraph (1), by striking 

3 ‘‘subtitle’’ and inserting ‘‘chapter’’; and 

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

5 ‘‘CHAPTER 2—HOUSING RIGHTS 

6 ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO7 MESTIC VIOLENCE, DATING VIOLENCE, SEX8 UAL ASSAULT, AND STALKING. 

9 ‘‘(a) DEFINITIONS.—In this chapter: 

10 ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af11 filiated individual’ means, with respect to an indi12 vidual— 

13 ‘‘(A) a spouse, parent, brother, sister, or 

14 child of that individual, or an individual to 

15 whom that individual stands in loco parentis; or 

16 ‘‘(B) any individual, tenant, or lawful occu17 pant living in the household of that individual. 

18 ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro19 priate agency’ means, with respect to a covered 

20 housing program, the Executive department (as de21 fined in section 101 of title 5, United States Code) 

22 that carries out the covered housing program. 

23 ‘‘(3) COVERED HOUSING PROGRAM.—The term 

24 ‘covered housing program’ means— 


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1 ‘‘(A) the program under section 202 of the 

2 Housing Act of 1959 (12 U.S.C. 1701q); 

3 ‘‘(B) the program under section 811 of the 

4 Cranston-Gonzalez National Affordable Hous5 ing Act (42 U.S.C. 8013); 

6 ‘‘(C) the program under subtitle D of title 

7 VIII of the Cranston-Gonzalez National Afford8 able Housing Act (42 U.S.C. 12901 et seq.); 

9 ‘‘(D) the program under subtitle A of title 

10 IV of the McKinney-Vento Homeless Assistance 

11 Act (42 U.S.C. 11360 et seq.); 

12 ‘‘(E) the program under subtitle A of title 

13 II of the Cranston-Gonzalez National Afford14 able Housing Act (42 U.S.C. 12741 et seq.); 

15 ‘‘(F) the program under paragraph (3) of 

16 section 221(d) of the National Housing Act (12 

17 U.S.C. 1715l(d)) that bears interest at a rate 

18 determined under the proviso under paragraph 

19 (5) of such section 221(d); 

20 ‘‘(G) the program under section 236 of the 

21 National Housing Act (12 U.S.C. 1715z–1); 

22 ‘‘(H) the programs under sections 6 and 8 

23 of the United States Housing Act of 1937 (42 

24 U.S.C. 1437d and 1437f); 


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1 ‘‘(I) rural housing assistance provided 

2 under sections 514, 515, 516, 533, and 538 of 

3 the Housing Act of 1949 (42 U.S.C. 1484, 

4 1485, 1486, 1490m, and 1490p–2); and 

5 ‘‘(J) the low-income housing tax credit 

6 program under section 42 of the Internal Rev7 enue Code of 1986. 

8 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI9 NATION OF ASSISTANCE OR EVICTION.— 

10 ‘‘(1) IN GENERAL.—An applicant for or tenant 

11 of housing assisted under a covered housing program 

12 may not be denied admission to, denied assistance 

13 under, terminated from participation in, or evicted 

14 from the housing on the basis that the applicant or 

15 tenant is or has been a victim of domestic violence, 

16 dating violence, sexual assault, or stalking, if the ap17 plicant or tenant otherwise qualifies for admission, 

18 assistance, participation, or occupancy. 

19 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in20 cident of actual or threatened domestic violence, dat21 ing violence, sexual assault, or stalking shall not be 

22 construed as— 

23 ‘‘(A) a serious or repeated violation of a 

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1 ing program by the victim or threatened victim 

2 of such incident; or 

3 ‘‘(B) good cause for terminating the assist4 ance, tenancy, or occupancy rights to housing 

5 assisted under a covered housing program of 

6 the victim or threatened victim of such incident. 

7 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

8 ACTIVITY.— 

9 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

10 AND OCCUPANCY RIGHTS PROHIBITED.—No 

11 person may deny assistance, tenancy, or occu12 pancy rights to housing assisted under a cov13 ered housing program to a tenant solely on the 

14 basis of criminal activity directly relating to do15 mestic violence, dating violence, sexual assault, 

16 or stalking that is engaged in by a member of 

17 the household of the tenant or any guest or 

18 other person under the control of the tenant, if 

19 the tenant or an affiliated individual of the ten20 ant is the victim or threatened victim of such 

21 domestic violence, dating violence, sexual as22 sault, or stalking. 

23 ‘‘(B) BIFURCATION.— 

24 ‘‘(i) IN GENERAL.—Notwithstanding 

25 subparagraph (A), a public housing agency 


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1 or owner or manager of housing assisted 

2 under a covered housing program may bi3 furcate a lease for the housing in order to 

4 evict, remove, or terminate assistance to 

5 any individual who is a tenant or lawful oc6 cupant of the housing and who engages in 

7 criminal activity directly relating to domes8 tic violence, dating violence, sexual assault, 

9 or stalking against an affiliated individual 

10 or other individual, without evicting, re11 moving, terminating assistance to, or oth12 erwise penalizing a victim of such criminal 

13 activity who is also a tenant or lawful oc14 cupant of the housing. 

15 ‘‘(ii) EFFECT OF EVICTION ON OTHER

16 TENANTS.—If public housing agency or 

17 owner or manager of housing assisted 

18 under a covered housing program evicts, 

19 removes, or terminates assistance to an in20 dividual under clause (i), and the indi21 vidual is the sole tenant eligible to receive 

22 assistance under a covered housing pro23 gram, the public housing agency or owner 

24 or manager of housing assisted under the 

25 covered housing program shall provide any 


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1 remaining tenant an opportunity to estab2 lish eligibility for the covered housing pro3 gram. If a tenant described in the pre4 ceding sentence cannot establish eligibility, 

5 the public housing agency or owner or 

6 manager of the housing shall provide the 

7 tenant a reasonable time, as determined by 

8 the appropriate agency, to find new hous9 ing or to establish eligibility for housing 

10 under another covered housing program. 

11 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

12 in subparagraph (A) shall be construed— 

13 ‘‘(i) to limit the authority of a public 

14 housing agency or owner or manager of 

15 housing assisted under a covered housing 

16 program, when notified of a court order, to 

17 comply with a court order with respect 

18 to— 

19 ‘‘(I) the rights of access to or 

20 control of property, including civil 

21 protection orders issued to protect a 

22 victim of domestic violence, dating vio23 lence, sexual assault, or stalking; or 


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1 ‘‘(II) the distribution or posses2 sion of property among members of a 

3 household in a case; 

4 ‘‘(ii) to limit any otherwise available 

5 authority of a public housing agency or 

6 owner or manager of housing assisted 

7 under a covered housing program to evict 

8 or terminate assistance to a tenant for any 

9 violation of a lease not premised on the act 

10 of violence in question against the tenant 

11 or an affiliated person of the tenant, if the 

12 public housing agency or owner or man13 ager does not subject an individual who is 

14 or has been a victim of domestic violence, 

15 dating violence, or stalking to a more de16 manding standard than other tenants in 

17 determining whether to evict or terminate; 

18 ‘‘(iii) to limit the authority to termi19 nate assistance to a tenant or evict a ten20 ant from housing assisted under a covered 

21 housing program if a public housing agen22 cy or owner or manager of the housing can 

23 demonstrate that an actual and imminent 

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1 erty would be present if the assistance is 

2 not terminated or the tenant is not evicted; 

3 or 

4 ‘‘(iv) to supersede any provision of 

5 any Federal, State, or local law that pro6 vides greater protection than this section 

7 for victims of domestic violence, dating vio8 lence, sexual assault, or stalking. 

9 ‘‘(c) DOCUMENTATION.— 

10 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an 

11 applicant for, or tenant of, housing assisted under a 

12 covered housing program represents to a public 

13 housing agency or owner or manager of the housing 

14 that the individual is entitled to protection under 

15 subsection (b), the public housing agency or owner 

16 or manager may request, in writing, that the appli17 cant or tenant submit to the public housing agency 

18 or owner or manager a form of documentation de19 scribed in paragraph (3). 

20 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 

21 ‘‘(A) IN GENERAL.—If an applicant or ten22 ant does not provide the documentation re23 quested under paragraph (1) within 14 business 

24 days after the tenant receives a request in writ25 ing for such certification from a public housing 


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1 agency or owner or manager of housing assisted 

2 under a covered housing program, nothing in 

3 this chapter may be construed to limit the au4 thority of the public housing agency or owner or 

5 manager to— 

6 ‘‘(i) deny admission by the applicant 

7 or tenant to the covered program; 

8 ‘‘(ii) deny assistance under the cov9 ered program to the applicant or tenant; 

10 ‘‘(iii) terminate the participation of 

11 the applicant or tenant in the covered pro12 gram; or 

13 ‘‘(iv) evict the applicant, the tenant, 

14 or a lawful occupant that commits viola15 tions of a lease. 

16 ‘‘(B) EXTENSION.—A public housing agen17 cy or owner or manager of housing may extend 

18 the 14-day deadline under subparagraph (A) at 

19 its discretion. 

20 ‘‘(3) FORM OF DOCUMENTATION.—A form of 

21 documentation described in this paragraph is— 

22 ‘‘(A) a certification form approved by the 

23 appropriate agency that— 


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1 ‘‘(i) states that an applicant or tenant 

2 is a victim of domestic violence, dating vio3 lence, sexual assault, or stalking; 

4 ‘‘(ii) states that the incident of domes5 tic violence, dating violence, sexual assault, 

6 or stalking that is the ground for protec7 tion under subsection (b) meets the re8 quirements under subsection (b); and 

9 ‘‘(iii) includes the name of the indi10 vidual who committed the domestic vio11 lence, dating violence, sexual assault, or 

12 stalking, if the name is known and safe to 

13 provide; 

14 ‘‘(B) a document that— 

15 ‘‘(i) is signed by— 

16 ‘‘(I) an employee, agent, or vol17 unteer of a victim service provider, an 

18 attorney, a medical professional, or a 

19 mental health professional from whom 

20 an applicant or tenant has sought as21 sistance relating to domestic violence, 

22 dating violence, sexual assault, or 

23 stalking, or the effects of the abuse; 

24 and 

25 ‘‘(II) the applicant or tenant; and 


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1 ‘‘(ii) states under penalty of perjury 

2 that the individual described in clause 

3 (i)(I) believes that the incident of domestic 

4 violence, dating violence, sexual assault, or 

5 stalking that is the ground for protection 

6 under subsection (b) meets the require7 ments under subsection (b); 

8 ‘‘(C) a record of a Federal, State, tribal, 

9 territorial, or local law enforcement agency, 

10 court, or administrative agency; or 

11 ‘‘(D) at the discretion of a public housing 

12 agency or owner or manager of housing assisted 

13 under a covered housing program, a statement 

14 or other evidence provided by an applicant or 

15 tenant. 

16 ‘‘(4) CONFIDENTIALITY.—Any information sub17 mitted to a public housing agency or owner or man18 ager under this subsection, including the fact that 

19 an individual is a victim of domestic violence, dating 

20 violence, sexual assault, or stalking shall be main21 tained in confidence by the public housing agency or 

22 owner or manager and may not be entered into any 

23 shared database or disclosed to any other entity or 

24 individual, except to the extent that the disclosure 

25 is— 


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1 ‘‘(A) requested or consented to by the indi2 vidual in writing; 

3 ‘‘(B) required for use in an eviction pro4 ceeding under subsection (b); or 

5 ‘‘(C) otherwise required by applicable law. 

6 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth7 ing in this subsection shall be construed to require 

8 a public housing agency or owner or manager of 

9 housing assisted under a covered housing program 

10 to request that an individual submit documentation 

11 of the status of the individual as a victim of domes12 tic violence, dating violence, sexual assault, or stalk13 ing. 

14 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON15 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com16 pliance with subsection (b) by a public housing agen17 cy or owner or manager of housing assisted under 

18 a covered housing program based on documentation 

19 received under this subsection, shall not be sufficient 

20 to constitute evidence of an unreasonable act or 

21 omission by the public housing agency or owner or 

22 manager or an employee or agent of the public hous23 ing agency or owner or manager. Nothing in this 

24 paragraph shall be construed to limit the liability of 

25 a public housing agency or owner or manager of 


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1 housing assisted under a covered housing program 

2 for failure to comply with subsection (b). 

3 ‘‘(7) RESPONSE TO CONFLICTING CERTIFI4 CATION.—If a public housing agency or owner or 

5 manager of housing assisted under a covered hous6 ing program receives documentation under this sub7 section that contains conflicting information, the 

8 public housing agency or owner or manager may re9 quire an applicant or tenant to submit third-party 

10 documentation, as described in subparagraph (B), 

11 (C), or (D) of paragraph (3). 

12 ‘‘(8) PREEMPTION.—Nothing in this subsection 

13 shall be construed to supersede any provision of any 

14 Federal, State, or local law that provides greater 

15 protection than this subsection for victims of domes16 tic violence, dating violence, sexual assault, or stalk17 ing. 

18 ‘‘(d) NOTIFICATION.— 

19 ‘‘(1) DEVELOPMENT.—The Secretary of Hous20 ing and Urban Development shall develop a notice of 

21 the rights of individuals under this section, including 

22 the right to confidentiality and the limits thereof. 

23 ‘‘(2) PROVISION.—Each public housing agency 

24 or owner or manager of housing assisted under a 

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1 veloped under paragraph (1), together with the form 

2 described in subsection (c)(3)(A), to an applicant for 

3 or tenants of housing assisted under a covered hous4 ing 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; 

11 ‘‘(C) with any notification of eviction or 

12 notification of termination of assistance; and 

13 ‘‘(D) in multiple languages, consistent with 

14 guidance issued by the Secretary of Housing 

15 and Urban Development in accordance with Ex16 ecutive Order 13166 (42 U.S.C. 2000d–1 note; 

17 relating to access to services for persons with 

18 limited English proficiency). 

19 ‘‘(e) EMERGENCY TRANSFERS.—Each appropriate 

20 agency shall adopt a model emergency transfer plan for 

21 use by public housing agencies and owners or managers 

22 of housing assisted under covered housing programs 

23 that— 

24 ‘‘(1) allows tenants who are victims of domestic 

25 violence, dating violence, sexual assault, or stalking 


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1 to transfer to another available and safe dwelling 

2 unit assisted under a covered housing program if— 

3 ‘‘(A) the tenant expressly requests the 

4 transfer; and 

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) in the case of a tenant who is a victim 

11 of sexual assault, the sexual assault occurred on 

12 the premises during the 90 day period pre13 ceding the request for transfer; and 

14 ‘‘(2) incorporates reasonable confidentiality 

15 measures to ensure that the public housing agency 

16 or owner or manager does not disclose the location 

17 of the dwelling unit of a tenant to a person that 

18 commits an act of domestic violence, dating violence, 

19 sexual assault, or stalking against the tenant. 

20 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

21 TRANSFER.—The Secretary of Housing and Urban Devel22 opment shall establish policies and procedures under 

23 which a victim requesting an emergency transfer under 

24 subsection (e) may receive, subject to the availability of 

25 tenant protection vouchers, assistance under section 8(o) 


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1 of the United States Housing Act of 1937 (42 U.S.C. 

2 1437f(o)). 

3 ‘‘(g) IMPLEMENTATION.—The appropriate agency 

4 with respect to each covered housing program shall imple5 ment this section, as this section applies to the covered 

6 housing program.’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) SECTION 6.—Section 6 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437d) is amend10 ed— 

11 (A) in subsection (c)— 

12 (i) by striking paragraph (3); and 

13 (ii) by redesignating paragraphs (4) 

14 and (5) as paragraphs (3) and (4), respec15 tively; 

16 (B) in subsection (l)— 

17 (i) in paragraph (5), by striking ‘‘, 

18 and that an incident or incidents of actual 

19 or threatened domestic violence, dating vio20 lence, or stalking will not be construed as 

21 a serious or repeated violation of the lease 

22 by the victim or threatened victim of that 

23 violence and will not be good cause for ter24 minating the tenancy or occupancy rights 

25 of the victim of such violence’’; and 


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1 (ii) in paragraph (6), by striking ‘‘; 

2 except that’’ and all that follows through 

3 ‘‘stalking.’’; and 

4 (C) by striking subsection (u). 

5 (2) SECTION 8.—Section 8 of the United States 

6 Housing Act of 1937 (42 U.S.C. 1437f) is amend7 ed— 

8 (A) in subsection (c), by striking para9 graph (9); 

10 (B) in subsection (d)(1)— 

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

12 ‘‘and that an applicant or participant is or 

13 has been a victim of domestic violence, dat14 ing violence, or stalking is not an appro15 priate basis for denial of program assist16 ance or for denial of admission if the appli17 cant otherwise qualifies for assistance or 

18 admission’’; and 

19 (ii) in subparagraph (B)— 

20 (I) in clause (ii), by striking ‘‘, 

21 and that an incident or incidents of 

22 actual or threatened domestic vio23 lence, dating violence, or stalking will 

24 not be construed as a serious or re25 peated violation of the lease by the 


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1 victim or threatened victim of that vi2 olence and will not be good cause for 

3 terminating the tenancy or occupancy 

4 rights of the victim of such violence’’; 

5 and 

6 (II) in clause (iii), by striking ‘‘, 

7 except that:’’ and all that follows 

8 through ‘‘stalking.’’; 

9 (C) in subsection (f)— 

10 (i) in paragraph (6), by adding ‘‘and’’ 

11 at the end; 

12 (ii) in paragraph (7), by striking the 

13 semicolon at the end and inserting a pe14 riod; and 

15 (iii) by striking paragraphs (8), (9), 

16 (10), and (11); 

17 (D) in subsection (o)— 

18 (i) in paragraph (6)(B), by striking 

19 the last sentence; 

20 (ii) in paragraph (7)— 

21 (I) in subparagraph (C), by strik22 ing ‘‘and that an incident or incidents 

23 of actual or threatened domestic vio24 lence, dating violence, or stalking shall 

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1 peated violation of the lease by the 

2 victim or threatened victim of that vi3 olence and shall not be good cause for 

4 terminating the tenancy or occupancy 

5 rights of the victim of such violence’’; 

6 and 

7 (II) in subparagraph (D), by 

8 striking ‘‘; except that’’ and all that 

9 follows through ‘‘stalking.’’; and 

10 (iii) by striking paragraph (20); and 

11 (E) by striking subsection (ee). 

12 (3) RULE OF CONSTRUCTION.—Nothing in this 

13 Act, or the amendments made by this Act, shall be 

14 construed— 

15 (A) to limit the rights or remedies avail16 able to any person under section 6 or 8 of the 

17 United States Housing Act of 1937 (42 U.S.C. 

18 1437d and 1437f), as in effect on the day be19 fore the date of enactment of this Act; 

20 (B) to limit any right, remedy, or proce21 dure otherwise available under any provision of 

22 part 5, 91, 880, 882, 883, 884, 886, 891, 903, 

23 960, 966, 982, or 983 of title 24, Code of Fed24 eral Regulations, that— 


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1 (i) was issued under the Violence 

2 Against Women and Department of Jus3 tice Reauthorization Act of 2005 (Public 

4 Law 109–162; 119 Stat. 2960) or an 

5 amendment made by that Act; and 

6 (ii) provides greater protection for vic7 tims of domestic violence, dating violence, 

8 sexual assault, and stalking than this Act; 

9 or 

10 (C) to disqualify an owner, manager, or 

11 other individual from participating in or receiv12 ing the benefits of the low-income housing tax 

13 credit program under section 42 of the Internal 

14 Revenue Code of 1986 because of noncompli15 ance with the provisions of this Act. 

16 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

17 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT18 ING VIOLENCE, SEXUAL ASSAULT, AND 

19 STALKING. 

20 Chapter 11 of subtitle B of the Violence Against 

21 Women Act of 1994 (42 U.S.C. 13975 et seq.) is amend22 ed— 

23 (1) in the chapter heading, by striking 

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1 SAULT’’ and inserting ‘‘VICTIMS OF DO2 MESTIC VIOLENCE, DATING VIO3 LENCE, SEXUAL ASSAULT, OR STALK4 ING’’; and 

5 (2) in section 40299 (42 U.S.C. 13975)— 

6 (A) in the header, by striking ‘‘CHILD

7 VICTIMS OF DOMESTIC VIOLENCE, STALK8 ING, OR SEXUAL ASSAULT’’ and inserting 

9 ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT10 ING VIOLENCE, SEXUAL ASSAULT, OR

11 STALKING’’; 

12 (B) in subsection (a)(1), by striking ‘‘flee13 ing’’; 

14 (C) in subsection (b)(3)— 

15 (i) in subparagraph (A), by striking ‘‘ 

16 and’’ at the end; 

17 (ii) by redesignating subparagraph 

18 (B) as subparagraph (C); 

19 (iii) by inserting after subparagraph 

20 (A) the following: 

21 ‘‘(B) secure employment, including obtain22 ing employment counseling, occupational train23 ing, job retention counseling, and counseling 

24 concerning re-entry in to the workforce; and’’; 

25 and 


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1 (iv) in subparagraph (C), as redesig2 nated by clause (ii), by striking ‘‘ employ3 ment counseling,’’; and 

4 (D) in subsection (g)— 

5 (i) in paragraph (1), by striking 

6 ‘‘$40,000,000 for each of fiscal years 2007 

7 through 2011’’ and inserting ‘‘$35,000,000 

8 for each of fiscal years 2013 through 

9 2017’’; and 

10 (ii) in paragraph (3)— 

11 (I) in subparagraph (A), by strik12 ing ‘‘eligible’’ and inserting ‘‘quali13 fied’’; and 

14 (II) by adding at the end the fol15 lowing: 

16 ‘‘(D) QUALIFIED APPLICATION DE17 FINED.—In this paragraph, the term ‘qualified 

18 application’ means an application that— 

19 ‘‘(i) has been submitted by an eligible 

20 applicant; 

21 ‘‘(ii) does not propose any activities 

22 that may compromise victim safety, includ23 ing— 

24 ‘‘(I) background checks of vic25 tims; or 


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1 ‘‘(II) clinical evaluations to deter2 mine eligibility for services; 

3 ‘‘(iii) reflects an understanding of the 

4 dynamics of domestic violence, dating vio5 lence, sexual assault, or stalking; and 

6 ‘‘(iv) does not propose prohibited ac7 tivities, including mandatory services for 

8 victims.’’. 

9 SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

10 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

11 SEXUAL ASSAULT, AND STALKING. 

12 Subtitle N of the Violence Against Women Act of 

13 1994 (42 U.S.C. 14043e et seq.) is amended— 

14 (1) in section 41404(i) (42 U.S.C. 14043e– 

15 3(i)), by striking ‘‘$10,000,000 for each of fiscal 

16 years 2007 through 2011’’ and inserting 

17 ‘‘$4,000,000 for each of fiscal years 2013 through 

18 2017’’; and 

19 (2) in section 41405(g) (42 U.S.C. 14043e– 

20 4(g)), by striking ‘‘$10,000,000 for each of fiscal 

21 years 2007 through 2011’’ and inserting 

22 ‘‘$4,000,000 for each of fiscal years 2013 through 

23 2017’’. 


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1 TITLE VII—ECONOMIC SECURITY 

2 FOR VICTIMS OF VIOLENCE 

3 SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 

4 RESPONSES TO ASSIST VICTIMS OF DOMES5 TIC AND SEXUAL VIOLENCE. 

6 Section 41501(e) of the Violence Against Women Act 

7 of 1994 (42 U.S.C. 14043f(e)) is amended by striking 

8 ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal 

9 years 2013 through 2017’’. 

10 TITLE VIII—PROTECTION OF 

11 BATTERED IMMIGRANTS 

12 SEC. 801. U NONIMMIGRANT DEFINITION. 

13 Section 101(a)(15)(U)(iii) of the Immigration and 

14 Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) is amended 

15 by inserting ‘‘stalking;’’ after ‘‘sexual exploitation;’’. 

16 SEC. 802. ANNUAL REPORT ON IMMIGRATION APPLICA17 TIONS MADE BY VICTIMS OF ABUSE. 

18 Not later than December 1, 2013, and annually 

19 thereafter, the Secretary of Homeland Security shall sub20 mit to the Committee on the Judiciary of the Senate and 

21 the Committee on the Judiciary of the House of Rep22 resentatives a report that includes the following: 

23 (1) The number of aliens who— 

24 (A) submitted an application for non25 immigrant status under paragraph (15)(T)(i), 


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1 (15)(U)(i), or (51) of section 101(a) of the Im2 migration and Nationality Act (8 U.S.C. 

3 1101(a)) during the preceding fiscal year; 

4 (B) were granted such nonimmigrant sta5 tus during such fiscal year; or 

6 (C) were denied such nonimmigrant status 

7 during such fiscal year. 

8 (2) The mean amount of time and median 

9 amount of time to adjudicate an application for such 

10 nonimmigrant status during such fiscal year. 

11 (3) The mean amount of time and median 

12 amount of time between the receipt of an application 

13 for such nonimmigrant status and the issuance of 

14 work authorization to an eligible applicant during 

15 the preceding fiscal year. 

16 (4) The number of aliens granted continued 

17 presence in the United States under section 

18 107(c)(3) of the Trafficking Victims Protection Act 

19 of 2000 (22 U.S.C. 7105(c)(3)) during the pre20 ceding fiscal year. 

21 (5) A description of any actions being taken to 

22 reduce the adjudication and processing time, while 

23 ensuring the safe and competent processing, of an 

24 application described in paragraph (1) or a request 

25 for continued presence referred to in paragraph (4). 


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1 SEC. 803. 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. 804. 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. 805. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

6 CITIZEN. 

7 (a) IN GENERAL.—Section 214 of the Immigration 

8 and Nationality Act (8 U.S.C. 1184) is amended— 

9 (1) in subsection (d)— 

10 (A) in paragraph (1), by striking ‘‘crime.’’ 

11 and inserting ‘‘crime described in paragraph 

12 (3)(B) and information on any permanent pro13 tection or restraining order issued against the 

14 petitioner related to any specified crime de15 scribed in paragraph (3)(B)(i).’’; 

16 (B) in paragraph (2)(A), in the matter 

17 preceding clause (i)— 

18 (i) by striking ‘‘a consular officer’’ 

19 and inserting ‘‘the Secretary of Homeland 

20 Security’’; and 

21 (ii) by striking ‘‘the officer’’ and in22 serting ‘‘the Secretary’’; and 

23 (C) in paragraph (3)(B)(i), by striking 

24 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 


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1 stalking, or an attempt to commit any such 

2 crime.’’; and 

3 (2) in subsection (r)— 

4 (A) in paragraph (1), by striking ‘‘crime.’’ 

5 and inserting ‘‘crime described in paragraph 

6 (5)(B) and information on any permanent pro7 tection or restraining order issued against the 

8 petitioner related to any specified crime de9 scribed in subsection (5)(B)(i).’’; and 

10 (B) by amending paragraph (4)(B)(ii) to 

11 read as follows: 

12 ‘‘(ii) To notify the beneficiary as required by clause 

13 (i), the Secretary of Homeland Security shall provide such 

14 notice to the Secretary of State for inclusion in the mailing 

15 to the beneficiary described in section 833(a)(5)(A)(i) of 

16 the International Marriage Broker Regulation Act of 2005 

17 (8 U.S.C. 1375a(a)(5)(A)(i)).’’; and 

18 (3) in paragraph (5)(B)(i), by striking ‘‘abuse, 

19 and stalking.’’ and inserting ‘‘abuse, stalking, or an 

20 attempt to commit any such crime.’’. 

21 (b) PROVISION OF INFORMATION TO K NON22 IMMIGRANTS.—Section 833 of the International Marriage 

23 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 

24 amended— 

25 (1) in subsection (a)(5)(A)— 


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1 (A) in clause (iii)— 

2 (i) by striking ‘‘State any’’ and insert3 ing ‘‘State, for inclusion in the mailing de4 scribed in clause (i), any’’; and 

5 (ii) by striking the last sentence; and 

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

7 ‘‘(iv) The Secretary of Homeland Se8 curity shall conduct a background check of 

9 the National Crime Information Center’s 

10 Protection Order Database on each peti11 tioner for a visa under subsection (d) or 

12 (r) of section 214 of the Immigration and 

13 Nationality Act (8 U.S.C. 1184). Any ap14 propriate information obtained from such 

15 background check— 

16 ‘‘(I) shall accompany the criminal 

17 background information provided by 

18 the Secretary of Homeland Security 

19 to the Secretary of State and shared 

20 by the Secretary of State with a bene21 ficiary of a petition referred to in 

22 clause (iii); and 

23 ‘‘(II) shall not be used or dis24 closed for any other purpose unless 

25 expressly authorized by law. 


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1 ‘‘(v) The Secretary of Homeland Se2 curity shall create a cover sheet or other 

3 mechanism to accompany the information 

4 required to be provided to an applicant for 

5 a visa under subsection (d) or (r) of sec6 tion 214 of the Immigration and Nation7 ality Act (8 U.S.C. 1184) by clauses (i) 

8 through (iv) of this paragraph or by 

9 clauses (i) and (ii) of subsection (r)(4)(B) 

10 of such section 214, that calls to the appli11 cant’s attention— 

12 ‘‘(I) whether the petitioner dis13 closed a protection order, a restrain14 ing order, or criminal history informa15 tion on the visa petition; 

16 ‘‘(II) the criminal background in17 formation and information about any 

18 protection order obtained by the Sec19 retary of Homeland Security regard20 ing the petitioner in the course of ad21 judicating the petition; and 

22 ‘‘(III) whether the information 

23 the petitioner disclosed on the visa pe24 tition regarding any previous petitions 

25 filed under subsection (d) or (r) of 


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1 such section 214 is consistent with the 

2 information in the multiple visa track3 ing database of the Department of 

4 Homeland Security, as described in 

5 subsection (r)(4)(A) of such section 

6 214.’’; and 

7 (2) in subsection (b)(1)(A), by striking ‘‘or’’ 

8 after ‘‘orders’’ and inserting ‘‘and’’. 

9 SEC. 806. REGULATION OF INTERNATIONAL MARRIAGE 

10 BROKERS. 

11 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR12 RIAGE BROKER ACT OF 2005.— 

13 (1) FINDINGS.—Congress finds the following: 

14 (A) The International Marriage Broker 

15 Act of 2005 (subtitle D of Public Law 109– 

16 162; 119 Stat. 3066) has not been fully imple17 mented with regard to investigating and pros18 ecuting violations of the law, and for other pur19 poses. 

20 (B) Six years after Congress enacted the 

21 International Marriage Broker Act of 2005 to 

22 regulate the activities of the hundreds of for23 profit international marriage brokers operating 

24 in the United States, the Attorney General has 

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1 ment of Justice will investigate and prosecute 

2 violations of such Act. 

3 (2) REPORT.—Not later than 90 days after the 

4 date of the enactment of this Act, the Attorney Gen5 eral shall submit to Congress a report that includes 

6 the following: 

7 (A) The name of the component of the De8 partment of Justice responsible for inves9 tigating and prosecuting violations of the Inter10 national Marriage Broker Act of 2005 (subtitle 

11 D of Public Law 109–162; 119 Stat. 3066) and 

12 the amendments made by this Act. 

13 (B) A description of the policies and proce14 dures of the Attorney General for consultation 

15 with the Secretary of Homeland Security and 

16 the Secretary of State in investigating and 

17 prosecuting such violations. 

18 (b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) 

19 of the International Marriage Broker Regulation Act of 

20 2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking 

21 ‘‘Federal and State sex offender public registries’’ and in22 serting ‘‘the National Sex Offender Public Website’’. 

23 (c) 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— 

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 the personal contact information, 

10 photograph, or general information about the 

11 background or interests of any individual under 

12 the 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 7 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)— 

6 (A) in subparagraph (A)(i)— 

7 (i) in the heading, by striking ‘‘REG8 ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; 

9 and 

10 (ii) by striking ‘‘Registry or State sex 

11 offender public registry,’’ and inserting 

12 ‘‘Website,’’; and 

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

14 ‘‘or stalking.’’ and inserting ‘‘stalking, or an at15 tempt to commit any such crime.’’; 

16 (3) in paragraph (3)— 

17 (A) in subparagraph (A)— 

18 (i) in clause (i), by striking ‘‘Registry, 

19 or of the relevant State sex offender public 

20 registry for any State not yet participating 

21 in the National Sex Offender Public Reg22 istry, in which the United States client has 

23 resided during the previous 20 years,’’ and 

24 inserting ‘‘Website’’; and 


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1 (ii) in clause (iii)(II), by striking 

2 ‘‘background information collected by the 

3 international marriage broker under para4 graph (2)(B);’’ and inserting ‘‘signed cer5 tification and accompanying documentation 

6 or attestation regarding the background in7 formation collected under paragraph 

8 (2)(B);’’; and 

9 (B) by striking subparagraph (C); 

10 (4) in paragraph (5)— 

11 (A) in subparagraph (A)(ii), by striking ‘‘A 

12 penalty may be imposed under clause (i) by the 

13 Attorney General only’’ and inserting ‘‘At the 

14 discretion of the Attorney General, a penalty 

15 may be imposed under clause (i) either by a 

16 Federal judge, or by the Attorney General’’; 

17 (B) by amending subparagraph (B) to read 

18 as follows: 

19 ‘‘(B) FEDERAL CRIMINAL PENALTIES.— 

20 ‘‘(i) FAILURE OF INTERNATIONAL

21 MARRIAGE BROKERS TO COMPLY WITH OB22 LIGATIONS.—Except as provided in clause 

23 (ii), an international marriage broker that, 

24 in circumstances in or affecting interstate 

25 or foreign commerce, or within the special 


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1 maritime and territorial jurisdiction of the 

2 United States— 

3 ‘‘(I) except as provided in sub4 clause (II), violates (or attempts to 

5 violate) paragraph (1), (2), (3), or (4) 

6 shall be fined in accordance with title 

7 18, United States Code, or imprisoned 

8 for not more than 1 year, or both; or 

9 ‘‘(II) knowingly violates or at10 tempts to violate paragraphs (1), (2), 

11 (3), or (4) shall be fined in accord12 ance with title 18, United States 

13 Code, or imprisoned for not more 

14 than 5 years, or both. 

15 ‘‘(ii) MISUSE OF INFORMATION.—A 

16 person who knowingly discloses, uses, or 

17 causes to be used any information obtained 

18 by an international marriage broker as a 

19 result of a requirement under paragraph 

20 (2) or (3) for any purpose other than the 

21 disclosures required under paragraph (3) 

22 shall be fined in accordance with title 18, 

23 United States Code, or imprisoned for not 

24 more than 1 year, or both. 


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1 ‘‘(iii) FRAUDULENT FAILURES OF

2 UNITED STATES CLIENTS TO MAKE RE3 QUIRED SELF-DISCLOSURES.—A person 

4 who knowingly and with intent to defraud 

5 another person outside the United States 

6 in order to recruit, solicit, entice, or induce 

7 that other person into entering a dating or 

8 matrimonial relationship, makes false or 

9 fraudulent representations regarding the 

10 disclosures described in clause (i), (ii), (iii), 

11 or (iv) of subsection (d)(2)(B), including 

12 by failing to make any such disclosures, 

13 shall be fined in accordance with title 18, 

14 United States Code, imprisoned for not 

15 more than 1 year, or both. 

16 ‘‘(iv) RELATIONSHIP TO OTHER PEN17 ALTIES.—The penalties provided in clauses 

18 (i), (ii), and (iii) are in addition to any 

19 other civil or criminal liability under Fed20 eral or State law to which a person may be 

21 subject for the misuse of information, in22 cluding misuse to threaten, intimidate, or 

23 harass any individual. 

24 ‘‘(v) CONSTRUCTION.—Nothing in 

25 this paragraph or paragraph (3) or (4) 


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1 may be construed to prevent the disclosure 

2 of information to law enforcement or pur3 suant to a court order.’’; and 

4 (C) in subparagraph (C), by striking the 

5 period at the end and inserting ‘‘including equi6 table remedies.’’; 

7 (5) by redesignating paragraphs (6) and (7) as 

8 paragraphs (7) and (8), respectively; and 

9 (6) by inserting after paragraph (5) the fol10 lowing: 

11 ‘‘(6) ENFORCEMENT.— 

12 ‘‘(A) AUTHORITY.—The Attorney General 

13 shall be responsible for the enforcement of the 

14 provisions of this section, including the prosecu15 tion of civil and criminal penalties provided for 

16 by this section. 

17 ‘‘(B) CONSULTATION.—The Attorney Gen18 eral shall consult with the Director of the Office 

19 on Violence Against Women of the Department 

20 of Justice to develop policies and public edu21 cation designed to promote enforcement of this 

22 section.’’. 

23 (d) GAO STUDY AND REPORT.—Section 833(f) of 

24 the International Marriage Broker Regulation Act of 2005 

25 (8 U.S.C. 1375a(f)) is amended— 


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1 (1) in the subsection heading, by striking 

2 ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES

3 AND REPORTS.—’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(4) CONTINUING IMPACT STUDY AND RE6 PORT.— 

7 ‘‘(A) STUDY.—The Comptroller General 

8 shall conduct a study on the continuing impact 

9 of the implementation of this section and of sec10 tion of 214 of the Immigration and Nationality 

11 Act (8 U.S.C. 1184) on the process for grant12 ing K nonimmigrant visas, including specifically 

13 a study of the items described in subparagraphs 

14 (A) through (E) of paragraph (1). 

15 ‘‘(B) REPORT.—Not later than 2 years 

16 after the date of the enactment of the Violence 

17 Against Women Reauthorization Act of 2012, 

18 the Comptroller General shall submit to the 

19 Committee on the Judiciary of the Senate and 

20 the Committee on the Judiciary of the House of 

21 Representatives a report setting forth the re22 sults of the study conducted under subpara23 graph (A). 

24 ‘‘(C) DATA COLLECTION.—The Attorney 

25 General, the Secretary of Homeland Security, 


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1 and the Secretary of State shall collect and 

2 maintain the data necessary for the Comptroller 

3 General to conduct the study required by para4 graph (1)(A).’’. 

5 SEC. 807. ELIGIBILITY OF CRIME AND TRAFFICKING VIC6 TIMS IN THE COMMONWEALTH OF THE 

7 NORTHERN MARIANA ISLANDS TO ADJUST 

8 STATUS. 

9 Section 705(c) of the Consolidated Natural Resources 

10 Act of 2008 (Public Law 110–229; 48 U.S.C. 1806 note), 

11 is amended by striking ‘‘except that,’’ and all that follows 

12 through the end, and inserting the following: ‘‘except 

13 that— 

14 ‘‘(1) for the purpose of determining whether an 

15 alien lawfully admitted for permanent residence (as 

16 defined in section 101(a)(20) of the Immigration 

17 and Nationality Act (8 U.S.C. 1101(a)(20)) has 

18 abandoned or lost such status by reason of absence 

19 from the United States, such alien’s presence in the 

20 Commonwealth, before, on or after November 28, 

21 2009, shall be considered to be presence in the 

22 United States; and 

23 ‘‘(2) for the purpose of determining whether an 

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1 gration and Nationality Act (8 U.S.C. 1101(a)(15)) 

2 was granted is subsequently eligible for adjustment 

3 under subsection (l) or (m) of section 245 of such 

4 Act (8 U.S.C. 1255), such alien’s physical presence 

5 in the Commonwealth before, on, or after November 

6 28, 2009, and subsequent to the grant of the appli7 cation, shall be considered as equivalent to presence 

8 in the United States pursuant to a nonimmigrant 

9 admission in such status.’’. 

10 TITLE IX—SAFETY FOR INDIAN 

11 WOMEN 

12 SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

13 Section 2015(a) of title I of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

15 10(a)) is amended— 

16 (1) in paragraph (2), by inserting ‘‘sex traf17 ficking,’’ after ‘‘sexual assault,’’; 

18 (2) in paragraph (4), by inserting ‘‘sex traf19 ficking,’’ after ‘‘sexual assault,’’; 

20 (3) in paragraph (5), by striking ‘‘and stalking’’ 

21 and all that follows and inserting ‘‘sexual assault, 

22 sex trafficking, and stalking;’’; 

23 (4) in paragraph (7)— 

24 (A) by inserting ‘‘sex trafficking,’’ after 

25 ‘‘sexual assault,’’ each place it appears; and 


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1 (B) by striking ‘‘and’’ at the end; 

2 (5) in paragraph (8)— 

3 (A) by inserting ‘‘sex trafficking,’’ after 

4 ‘‘stalking,’’; and 

5 (B) by striking the period at the end and 

6 inserting a semicolon; and 

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

8 ‘‘(9) provide services to address the needs of 

9 youth who are victims of domestic violence, dating 

10 violence, sexual assault, sex trafficking, or stalking 

11 and the needs of children exposed to domestic vio12 lence, dating violence, sexual assault, or stalking, in13 cluding support for the nonabusing parent or the 

14 caretaker of the child; and 

15 ‘‘(10) develop and promote legislation and poli16 cies that enhance best practices for responding to 

17 violent crimes against Indian women, including the 

18 crimes of domestic violence, dating violence, sexual 

19 assault, sex trafficking, and stalking.’’. 

20 SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

21 Section 2001(d) of title I of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 

23 is amended— 

24 (1) in paragraph (1)— 


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1 (A) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (B) in subparagraph (C), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(D) developing and promoting State, 

7 local, or tribal legislation and policies that en8 hance best practices for responding to violent 

9 crimes against Indian women, including the 

10 crimes of domestic violence, dating violence, 

11 sexual assault, stalking, and sex trafficking.’’; 

12 and 

13 (2) in paragraph (2)(B), by striking ‘‘individ14 uals or’’. 

15 SEC. 903. CONSULTATION. 

16 Section 903 of the Violence Against Women and De17 partment of Justice Reauthorization Act of 2005 (42 

18 U.S.C. 14045d) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘and the Violence Against 

21 Women Act of 2000’’ and inserting ‘‘, the Vio22 lence Against Women Act of 2000’’; and 

23 (B) by inserting ‘‘, and the Violence 

24 Against Women Reauthorization Act of 2012’’ 

25 before the period at the end; 


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1 (2) in subsection (b)— 

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

3 by striking ‘‘Secretary of the Department of 

4 Health and Human Services’’ and inserting 

5 ‘‘Secretary of Health and Human Services, the 

6 Secretary of the Interior,’’; and 

7 (B) in paragraph (2), by striking ‘‘and 

8 stalking’’ and inserting ‘‘stalking, and sex traf9 ficking’’; and 

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

11 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

12 submit to Congress an annual report on the annual con13 sultations required under subsection (a) that— 

14 ‘‘(1) contains the recommendations made under 

15 subsection (b) by Indian tribes during the year cov16 ered by the report; 

17 ‘‘(2) describes actions taken during the year 

18 covered by the report to respond to recommenda19 tions made under subsection (b) during the year or 

20 a previous year; and 

21 ‘‘(3) describes how the Attorney General will 

22 work in coordination and collaboration with Indian 

23 tribes, the Secretary of Health and Human Services, 

24 and the Secretary of the Interior to address the rec25 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. TRIBAL JURISDICTION OVER CRIMES OF DOMES6 TIC VIOLENCE. 

7 Title II of Public Law 90–284 (25 U.S.C. 1301 et 

8 seq.) (commonly known as the ‘‘Indian Civil Rights Act 

9 of 1968’’) is amended by adding at the end the following: 

10 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES11 TIC VIOLENCE. 

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

13 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio14 lence’ means violence committed by a person who is 

15 or has been in a social relationship of a romantic or 

16 intimate nature with the victim, as determined by 

17 the length of the relationship, the type of relation18 ship, and the frequency of interaction between the 

19 persons involved in the relationship. 

20 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes21 tic violence’ means violence committed by a current 

22 or former spouse or intimate partner of the victim, 

23 by a person with whom the victim shares a child in 

24 common, by a person who is cohabitating with or 

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1 mate partner, or by a person similarly situated to a 

2 spouse of the victim under the domestic- or family3 violence laws of an Indian tribe that has jurisdiction 

4 over the Indian country where the violence occurs. 

5 ‘‘(3) INDIAN COUNTRY.—The term ‘Indian 

6 country’ has the meaning given the term in section 

7 1151 of title 18, United States Code. 

8 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici9 pating tribe’ means an Indian tribe that elects to ex10 ercise special domestic violence criminal jurisdiction 

11 over the Indian country of that Indian tribe. 

12 ‘‘(5) PROTECTION ORDER.—The term ‘protec13 tion order’— 

14 ‘‘(A) means any injunction, restraining 

15 order, or other order issued by a civil or crimi16 nal court for the purpose of preventing violent 

17 or threatening acts or harassment against, sex18 ual violence against, contact or communication 

19 with, or physical proximity to, another person; 

20 and 

21 ‘‘(B) includes any temporary or final order 

22 issued by a civil or criminal court, whether ob23 tained by filing an independent action or as a 

24 pendent lite order in another proceeding, if the 

25 civil or criminal order was issued in response to 


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1 a complaint, petition, or motion filed by or on 

2 behalf of a person seeking protection. 

3 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL

4 JURISDICTION.—The term ‘special domestic violence 

5 criminal jurisdiction’ means the criminal jurisdiction 

6 that a participating tribe may exercise under this 

7 section but could not otherwise exercise. 

8 ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The 

9 term ‘spouse or intimate partner’ has the meaning 

10 given the term in section 2266 of title 18, United 

11 States Code. 

12 ‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding any other 

14 provision of law, in addition to all powers of self-gov15 ernment recognized and affirmed by sections 201 

16 and 203, the powers of self-government of a partici17 pating tribe include the inherent power of that tribe, 

18 which is hereby recognized and affirmed, to exercise 

19 special domestic violence criminal jurisdiction over 

20 all persons. 

21 ‘‘(2) CONCURRENT JURISDICTION.—The exer22 cise of special domestic violence criminal jurisdiction 

23 by a participating tribe shall be concurrent with the 

24 jurisdiction of the United States, of a State, or of 

25 both. 


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1 ‘‘(3) APPLICABILITY.—Nothing in this sec2 tion— 

3 ‘‘(A) creates or eliminates any Federal or 

4 State criminal jurisdiction over Indian country; 

5 ‘‘(B) affects the authority of the United 

6 States or any State government that has been 

7 delegated authority by the United States to in8 vestigate and prosecute a criminal violation in 

9 Indian country; 

10 ‘‘(C) shall apply to an Indian tribe in the 

11 State of Alaska, except with respect to the 

12 Metlakatla Indian Community, Annette Islands 

13 Reserve; or 

14 ‘‘(D) shall limit, alter, expand, or diminish 

15 the civil or criminal jurisdiction of the State of 

16 Alaska or any subdivision of the State of Alas17 ka. 

18 ‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 

19 exercise special domestic violence criminal jurisdiction over 

20 a defendant for criminal conduct that falls into one or 

21 more of the following categories: 

22 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO23 LENCE.—An act of domestic violence or dating vio24 lence that occurs in the Indian country of the par25 ticipating tribe. 


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1 ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— 

2 An act that— 

3 ‘‘(A) occurs in the Indian country of the 

4 participating tribe; and 

5 ‘‘(B) violates the portion of a protection 

6 order that— 

7 ‘‘(i) prohibits or provides protection 

8 against violent or threatening acts or har9 assment against, sexual violence against, 

10 contact or communication with, or physical 

11 proximity to, another person; 

12 ‘‘(ii) was issued against the defend13 ant; 

14 ‘‘(iii) is enforceable by the partici15 pating tribe; and 

16 ‘‘(iv) is consistent with section 

17 2265(b) of title 18, United States Code. 

18 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

19 ‘‘(1) DEFINITION OF VICTIM.—In this sub20 section and with respect to a criminal proceeding in 

21 which a participating tribe exercises special domestic 

22 violence criminal jurisdiction based on a criminal 

23 violation of a protection order, the term ‘victim’ 

24 means a person specifically protected by a protection 

25 order that the defendant allegedly violated. 


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1 ‘‘(2) NON-INDIAN VICTIMS AND DEFEND2 ANTS.—In a criminal proceeding in which a partici3 pating tribe exercises special domestic violence crimi4 nal jurisdiction, the case shall be dismissed if— 

5 ‘‘(A) the defendant files a pretrial motion 

6 to dismiss on the grounds that the alleged of7 fense did not involve an Indian; and 

8 ‘‘(B) the participating tribe fails to prove 

9 that the defendant or an alleged victim is an 

10 Indian. 

11 ‘‘(3) TIES TO INDIAN TRIBE.—In a criminal 

12 proceeding in which a participating tribe exercises 

13 special domestic violence criminal jurisdiction, the 

14 case shall be dismissed if— 

15 ‘‘(A) the defendant files a pretrial motion 

16 to dismiss on the grounds that the defendant 

17 and the alleged victim lack sufficient ties to the 

18 Indian tribe; and 

19 ‘‘(B) the prosecuting tribe fails to prove 

20 that the defendant or an alleged victim— 

21 ‘‘(i) resides in the Indian country of 

22 the participating tribe; 

23 ‘‘(ii) is employed in the Indian coun24 try of the participating tribe; or 


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1 ‘‘(iii) is a spouse or intimate partner 

2 of a member of the participating tribe. 

3 ‘‘(4) WAIVER.—A knowing and voluntary fail4 ure of a defendant to file a pretrial motion described 

5 in paragraph (2) or (3) shall be considered a waiver 

6 of the right to seek a dismissal under this sub7 section. 

8 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro9 ceeding in which a participating tribe exercises special do10 mestic violence criminal jurisdiction, the participating 

11 tribe shall provide to the defendant— 

12 ‘‘(1) all applicable rights under this Act; 

13 ‘‘(2) if a term of imprisonment of any length is 

14 imposed, all rights described in section 202(c); and 

15 ‘‘(3) all other rights whose protection is nec16 essary under the Constitution of the United States 

17 in order for Congress to recognize and affirm the in18 herent power of the participating tribe to exercise 

19 special domestic violence criminal jurisdiction over 

20 the defendant. 

21 ‘‘(f) PETITIONS TO STAY DETENTION.— 

22 ‘‘(1) IN GENERAL.—A person has filed a peti23 tion for a writ of habeas corpus in a court of the 

24 United States under section 203 may petition that 


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1 court to stay further detention of that person by the 

2 participating tribe. 

3 ‘‘(2) GRANT OF STAY.—A court shall grant a 

4 stay described in paragraph (1) if the court— 

5 ‘‘(A) finds that there is a substantial likeli6 hood that the habeas corpus petition will be 

7 granted; and 

8 ‘‘(B) after giving each alleged victim in the 

9 matter an opportunity to be heard, finds by 

10 clear and convincing evidence that under condi11 tions imposed by the court, the petitioner is not 

12 likely to flee or pose a danger to any person or 

13 the community if released. 

14 ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At15 torney General may award grants to the governments of 

16 Indian tribes (or to authorized designees of those govern17 ments)— 

18 ‘‘(1) to strengthen tribal criminal justice sys19 tems to assist Indian tribes in exercising special do20 mestic violence criminal jurisdiction, including— 

21 ‘‘(A) law enforcement (including the capac22 ity of law enforcement or court personnel to 

23 enter information into and obtain information 

24 from national crime information databases); 

25 ‘‘(B) prosecution; 


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1 ‘‘(C) trial and appellate courts; 

2 ‘‘(D) probation systems; 

3 ‘‘(E) detention and correctional facilities; 

4 ‘‘(F) alternative rehabilitation centers; 

5 ‘‘(G) culturally appropriate services and 

6 assistance for victims and their families; and 

7 ‘‘(H) criminal codes and rules of criminal 

8 procedure, appellate procedure, and evidence; 

9 ‘‘(2) to provide indigent criminal defendants 

10 with the effective assistance of licensed defense 

11 counsel, at no cost to the defendant, in criminal pro12 ceedings in which a participating tribe prosecutes a 

13 crime of domestic violence or dating violence or a 

14 criminal violation of a protection order; 

15 ‘‘(3) to ensure that, in criminal proceedings in 

16 which a participating tribe exercises special domestic 

17 violence criminal jurisdiction, jurors are summoned, 

18 selected, and instructed in a manner consistent with 

19 all applicable requirements; and 

20 ‘‘(4) to accord victims of domestic violence, dat21 ing violence, and violations of protection orders 

22 rights that are similar to the rights of a crime victim 

23 described in section 3771(a) of title 18, United 

24 States Code, consistent with tribal law and custom. 


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1 ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts 

2 made available under this section shall supplement and 

3 not supplant any other Federal, State, tribal, or local gov4 ernment amounts made available to carry out activities de5 scribed in this section. 

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

7 are authorized to be appropriated $5,000,000 for each of 

8 fiscal years 2012 through 2016 to carry out subsection 

9 (g) and to provide training, technical assistance, data col10 lection, and evaluation of the criminal justice systems of 

11 participating tribes.’’. 

12 SEC. 905. TRIBAL PROTECTION ORDERS. 

13 Section 2265 of title 18, United States Code, is 

14 amended by striking subsection (e) and inserting the fol15 lowing: 

16 ‘‘(e) TRIBAL COURT JURISDICTION.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), for purposes of this section, a court of an 

19 Indian tribe shall have full civil jurisdiction to issue 

20 and enforce protection orders involving any person, 

21 including the authority to enforce any orders 

22 through civil contempt proceedings, to exclude viola23 tors from Indian land, and to use other appropriate 

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1 tion 1151) or otherwise within the authority of the 

2 Indian tribe. 

3 ‘‘(2) APPLICABILITY.—Paragraph (1)— 

4 ‘‘(A) shall not apply to an Indian tribe in 

5 the State of Alaska, except with respect to the 

6 Metlakatla Indian Community, Annette Islands 

7 Reserve; and 

8 ‘‘(B) shall not limit, alter, expand, or di9 minish the civil or criminal jurisdiction of the 

10 State of Alaska or any subdivision of the State 

11 of Alaska.’’. 

12 SEC. 906. AMENDMENTS TO THE FEDERAL ASSAULT STAT13 UTE. 

14 (a) IN GENERAL.—Section 113 of title 18, United 

15 States Code, is amended— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) Assault with intent to commit murder or 

20 a violation of section 2241 or 2242, by a fine under 

21 this title, imprisonment for not more than 20 years, 

22 or both.’’; 

23 (B) in paragraph (2), by striking ‘‘felony 

24 under chapter 109A’’ and inserting ‘‘violation 

25 of section 2241 or 2242’’; 


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1 (C) in paragraph (3) by striking ‘‘and 

2 without just cause or excuse,’’; 

3 (D) in paragraph (4), by striking ‘‘six 

4 months’’ and inserting ‘‘1 year’’; 

5 (E) in paragraph (5), by striking ‘‘1 year,’’ 

6 and inserting ‘‘5 years,’’; 

7 (F) in paragraph (7)— 

8 (i) by striking ‘‘substantial bodily in9 jury to an individual who has not attained 

10 the age of 16 years’’ and inserting ‘‘sub11 stantial bodily injury to a spouse or inti12 mate partner, a dating partner, or an indi13 vidual who has not attained the age of 16 

14 years’’; and 

15 (ii) by striking ‘‘fine’’ and inserting 

16 ‘‘a fine’’; and 

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

18 ‘‘(8) Assault of a spouse, intimate partner, or 

19 dating partner by strangling, suffocating, or at20 tempting to strangle or suffocate, by a fine under 

21 this title, imprisonment for not more than 10 years, 

22 or both.’’; and 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘(b) As used in this sub25 section—’’ and inserting the following: 


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1 ‘‘(b) DEFINITIONS.—In this section—’’; 

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

3 ‘‘and’’ at the end; 

4 (C) in paragraph (2), by striking the pe5 riod at the end and inserting a semicolon; and 

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

7 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

8 intimate partner’ have the meanings given those 

9 terms in section 2266; 

10 ‘‘(4) the term ‘strangling’ means knowingly or 

11 recklessly impeding the normal breathing or circula12 tion of the blood of a person by applying pressure 

13 to the throat or neck, regardless of whether that 

14 conduct results in any visible injury or whether there 

15 is any intent to kill or protractedly injure the victim; 

16 and 

17 ‘‘(5) the term ‘suffocating’ means knowingly or 

18 recklessly impeding the normal breathing of a person 

19 by covering the mouth of the person, the nose of the 

20 person, or both, regardless of whether that conduct 

21 results in any visible injury or whether there is any 

22 intent to kill or protractedly injure the victim.’’. 

23 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

24 18, United States Code, is amended by striking ‘‘assault 

25 with intent to commit murder, assault with a dangerous 


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1 weapon, assault resulting in serious bodily injury (as de2 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

3 assault under section 113’’. 

4 (c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 

5 of title 18, United States Code, is amended by inserting 

6 ‘‘or tribal’’ after ‘‘State’’. 

7 SEC. 907. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

8 INDIAN WOMEN. 

9 (a) IN GENERAL.—Section 904(a) of the Violence 

10 Against Women and Department of Justice Reauthoriza11 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend12 ed— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘The National’’ and insert15 ing ‘‘Not later than 2 years after the date of 

16 enactment of the Violence Against Women Re17 authorization Act of 2012, the National’’; and 

18 (B) by inserting ‘‘and in Native villages’’ 

19 (as defined in section 3 of the Alaska Native 

20 Claims Settlement Act (43 U.S.C. 1602))’’ be21 fore the period at the end; 

22 (2) in paragraph (2)(A)— 

23 (A) in clause (iv), by striking ‘‘and’’ at the 

24 end; 


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1 (B) in clause (v), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(vi) sex trafficking.’’; 

5 (3) in paragraph (4), by striking ‘‘this Act’’ and 

6 inserting ‘‘the Violence Against Women Reauthoriza7 tion Act of 2012’’; and 

8 (4) in paragraph (5), by striking ‘‘this section 

9 $1,000,000 for each of fiscal years 2007 and 2008’’ 

10 and inserting ‘‘this subsection $500,000 for each of 

11 fiscal years 2013 and 2014’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 905(b)(2) of the Violence Against Women and Depart14 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

15 534 note) is amended by striking ‘‘fiscal years 2007 

16 through 2011’’ and inserting ‘‘fiscal years 2013 through 

17 2017’’. 

18 SEC. 908. EFFECTIVE DATES; PILOT PROJECT. 

19 (a) GENERAL EFFECTIVE DATE.—Except as pro20 vided in subsection (b), the amendments made by this title 

21 shall take effect on the date of enactment of this Act. 

22 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO23 LENCE CRIMINAL JURISDICTION.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), subsections (b) through (e) of section 204 


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1 of Public Law 90–284 (as added by section 904) 

2 shall take effect on the date that is 2 years after the 

3 date of enactment of this Act. 

4 (2) PILOT PROJECT.— 

5 (A) IN GENERAL.—At any time during the 

6 2-year period beginning on the date of enact7 ment of this Act, an Indian tribe may ask the 

8 Attorney General to designate the tribe as a 

9 participating tribe under section 204(a) of Pub10 lic Law 90–284 on an accelerated basis. 

11 (B) PROCEDURE.—The Attorney General 

12 may grant a request under subparagraph (A) 

13 after coordinating with the Secretary of the In14 terior, consulting with affected Indian tribes, 

15 and concluding that the criminal justice system 

16 of the requesting tribe has adequate safeguards 

17 in place to protect defendants’ rights, consistent 

18 with section 204 of Public Law 90–284. 

19 (C) EFFECTIVE DATES FOR PILOT

20 PROJECTS.—An Indian tribe designated as a 

21 participating tribe under this paragraph may 

22 commence exercising special domestic violence 

23 criminal jurisdiction pursuant to subsections (b) 

24 through (e) of section 204 of Public Law 90– 

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1 eral, after consultation with that Indian tribe, 

2 but in no event later than the date that is 2 

3 years after the date of enactment of this Act. 

4 TITLE X—OTHER MATTERS 

5 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

6 ABUSE. 

7 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

8 2243(b) of title 18, United States Code, is amended to 

9 read as follows: 

10 ‘‘(b) OF A WARD.— 

11 ‘‘(1) OFFENSES.— 

12 ‘‘(A) IN GENERAL.—It shall be unlawful 

13 for any person to knowingly engage, or know14 ingly attempt to engage, in a sexual act with 

15 another person who is— 

16 ‘‘(i) in official detention or under offi17 cial supervision or other official control of, 

18 the United States— 

19 ‘‘(I) during or after arrest; 

20 ‘‘(II) after release pretrial; 

21 ‘‘(III) while on bail, probation, 

22 supervised release, or parole; 

23 ‘‘(IV) after release following a 

24 finding of juvenile delinquency; or 


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1 ‘‘(V) after release pending any 

2 further judicial proceedings; 

3 ‘‘(ii) under the professional custodial, 

4 supervisory, or disciplinary control or au5 thority of the person engaging or attempt6 ing to engage in the sexual act; and 

7 ‘‘(iii) at the time of the sexual act— 

8 ‘‘(I) in the special maritime and 

9 territorial jurisdiction of the United 

10 States; 

11 ‘‘(II) in a Federal prison, or in 

12 any prison, institution, or facility in 

13 which persons are held in custody by 

14 direction of, or pursuant to a contract 

15 or agreement with, the United States; 

16 or 

17 ‘‘(III) under supervision or other 

18 control by the United States, or by di19 rection of, or pursuant to a contract 

20 or agreement with, the United States. 

21 ‘‘(B) SEXUAL CONTACT.—It shall be un22 lawful for any person to knowingly engage in 

23 sexual contact with, or cause sexual contact by, 

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1 paragraph (A) had the sexual contact been a 

2 sexual act. 

3 ‘‘(2) PENALTIES.— 

4 ‘‘(A) IN GENERAL.—A person that violates 

5 paragraph (1)(A) shall— 

6 ‘‘(i) be fined under this title, impris7 oned for not more than 15 years, or both; 

8 and 

9 ‘‘(ii) if, in the course of committing 

10 the violation of paragraph (1), the person 

11 engages in conduct that would constitute 

12 an offense under section 2241 or 2242 if 

13 committed in the special maritime and ter14 ritorial jurisdiction of the United States, 

15 be subject to the penalties provided for 

16 under section 2241 or 2242, respectively. 

17 ‘‘(B) SEXUAL CONTACT.—A person that 

18 violates paragraph (1)(B) shall be fined under 

19 this title, imprisoned for not more than 2 years, 

20 or both.’’. 

21 (b) PENALTIES FOR SEXUAL ABUSE.— 

22 (1) IN GENERAL.—Chapter 13 of title 18, 

23 United States Code, is amended by adding at the 

24 end the following: 


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1 ‘‘§ 250. Penalties for sexual abuse 

2 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

3 in the course of committing an offense under this chapter 

4 or under section 901 of the Fair Housing Act (42 U.S.C. 

5 3631) to engage in conduct that would constitute an of6 fense under chapter 109A if committed in the special mar7 itime and territorial jurisdiction of the United States. 

8 ‘‘(b) PENALTIES.—A person that violates subsection 

9 (a) shall be subject to the penalties under the provision 

10 of chapter 109A that would have been violated if the con11 duct was committed in the special maritime and territorial 

12 jurisdiction of the United States, unless a greater penalty 

13 is otherwise authorized by law.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 13 of title 

16 18, United States Code, is amended by adding at 

17 the end the following: 

‘‘250. Penalties for sexual abuse.’’. 

18 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

19 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

20 Rights of Institutionalized Persons Act (42 U.S.C. 

21 1997e(e)) is amended by inserting before the period at the 

22 end the following: ‘‘or the commission of a sexual act (as 

23 defined in section 2246 of title 18, United States Code)’’. 

24 (b) UNITED STATES AS DEFENDANT.—Section 

25 1346(b)(2) of title 28, United States Code, is amended 


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1 by inserting before the period at the end the following: 

2 ‘‘or the commission of a sexual act (as defined in section 

3 2246 of title 18)’’. 

4 (c) ADOPTION AND EFFECT OF NATIONAL STAND5 ARDS.—Section 8 of the Prison Rape Elimination Act of 

6 2003 (42 U.S.C. 15607) is amended— 

7 (1) by redesignating subsection (c) as sub8 section (e); and 

9 (2) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP12 ERATED BY THE DEPARTMENT OF HOMELAND SECU13 RITY.— 

14 ‘‘(1) IN GENERAL.—Not later than 180 days 

15 after the date of enactment of the Violence Against 

16 Women Reauthorization Act of 2012, the Secretary 

17 of Homeland Security shall publish a final rule 

18 adopting national standards for the detection, pre19 vention, reduction, and punishment of rape and sex20 ual assault in facilities that maintain custody of 

21 aliens detained for a violation of the immigrations 

22 laws of the United States. 

23 ‘‘(2) APPLICABILITY.—The standards adopted 

24 under paragraph (1) shall apply to detention facili25 ties operated by the Department of Homeland SecuVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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1 rity and to detention facilities operated under con2 tract with the Department. 

3 ‘‘(3) COMPLIANCE.—The Secretary of Home4 land Security shall— 

5 ‘‘(A) assess compliance with the standards 

6 adopted under paragraph (1) on a regular 

7 basis; and 

8 ‘‘(B) include the results of the assessments 

9 in performance evaluations of facilities com10 pleted by the Department of Homeland Secu11 rity. 

12 ‘‘(4) CONSIDERATIONS.—In adopting standards 

13 under paragraph (1), the Secretary of Homeland Se14 curity shall give due consideration to the rec15 ommended national standards provided by the Com16 mission under section 7(e). 

17 ‘‘(5) DEFINITION.—As used in this section, the 

18 term ‘detention facilities operated under contract 

19 with the Department’ includes, but is not limited to 

20 contract detention facilities and detention facilities 

21 operated through an intergovernmental service 

22 agreement with the Department of Homeland Secu23 rity. 


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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 

25 in performance evaluations of facilities comVerDate Mar 15 2010 21:28 May 03, 2012 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H4982.IH H4982

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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. ANONYMOUS ONLINE HARASSMENT. 

9 Section 223(a)(1) of the Telecommunications Act of 

10 1934 (47 U.S.C. 223(a)(1)) is amended— 

11 (1) in subparagraph (A), in the undesignated 

12 matter following clause (ii), by striking ‘‘annoy,’’; 

13 (2) in subparagraph (C)— 

14 (A) by striking ‘‘annoy,’’; and 

15 (B) by striking ‘‘harass any person at the 

16 called number or who receives the communica17 tion’’ and inserting ‘‘harass any specific per18 son’’; and 

19 (3) in subparagraph (E), by striking ‘‘harass 

20 any person at the called number or who receives the 

21 communication’’ and inserting ‘‘harass any specific 

22 person’’. 

23 SEC. 1004. STALKER DATABASE. 

24 Section 40603 of the Violence Against Women Act 

25 of 1994 (42 U.S.C. 14032) is amended by striking 


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1 ‘‘$3,000,000’’ and all that follows and inserting 

2 ‘‘$3,000,000 for fiscal years 2013 through 2017.’’. 

3 SEC. 1005. FEDERAL VICTIM ASSISTANTS REAUTHORIZA4 TION. 

5 Section 40114 of the Violence Against Women Act 

6 of 1994 (Public Law 103–322; 108 Stat. 1910) is amend7 ed by striking ‘‘fiscal years 2007 through 2011’’ and in8 serting ‘‘fiscal years 2013 through 2017’’. 

9 SEC. 1006. CHILD ABUSE TRAINING PROGRAMS FOR JUDI10 CIAL PERSONNEL AND PRACTITIONERS RE11 AUTHORIZATION. 

12 Subtitle C of the Victims of Child Abuse Act of 1990 

13 (42 U.S.C. 13024) is amended in subsection (a) by strik14 ing ‘‘$2,300,000’’ and all that follows and inserting 

15 ‘‘$2,300,000 for each of fiscal years 2013 through 2017.’’. 

16 SEC. 1007. MANDATORY MINIMUM SENTENCE. 

17 Section 2241(a) of title 18, United States Code, is 

18 amended in the undesignated matter following paragraph 

19 (2), by striking ‘‘any term of years or life’’ and inserting 

20 ‘‘not less than 5 years or imprisoned for life’’. 

21 SEC. 1008. REMOVAL OF DRUNK DRIVERS. 

22 (a) IN GENERAL.—Section 101(a)(43)(F) of the Im23 migration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) 

24 is amended by striking ‘‘for which the term of imprison25 ment’’ and inserting ‘‘, including a third drunk driving 


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1 conviction, regardless of the States in which the convic2 tions occurred or whether the offenses are classified as 

3 misdemeanors or felonies under State or Federal law, for 

4 which the term of imprisonment is’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act. 

Æ 


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