I 

112TH CONGRESS 

2D SESSION H. R. 4970 

To reauthorize the Violence Against Women Act of 1994. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2012 

Mrs. ADAMS (for herself, Mrs. NOEM, Mrs. BLACKBURN, Mrs. BONO MACK, 

Mrs. MCMORRIS RODGERS, Mrs. CAPITO, Ms. FOXX, Ms. BUERKLE, Mrs. 

ELLMERS, Ms. JENKINS, Mrs. EMERSON, Mrs. BLACK, Mrs. MYRICK, 

Mrs. SCHMIDT, Ms. GRANGER, Mrs. MILLER of Michigan, Mrs. LUMMIS, 

Mrs. HARTZLER, Mrs. ROBY, Mr. SMITH of Texas, Mr. SENSENBRENNER, Mr. MCCARTHY of California, Mr. GOWDY, Mr. ROSS of Florida, Mr. LATHAM, Mr. JOHNSON of Ohio, Mr. WEST, Mr. MILLER of 

Florida, Mr. NUGENT, Mr. AMODEI, Mr. BARLETTA, Mr. KELLY, Mr. 

WEBSTER, Mr. STIVERS, Mr. RENACCI, and Mr. DANIEL E. LUNGREN

of California) 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, and Financial Services, 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 Women Reauthorization Act of 2012’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. VAWA definitions and grant conditions. 

Sec. 4. Accountability provisions. 

Sec. 5. Effective date. 

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS 

TO COMBAT VIOLENCE AGAINST WOMEN 

Sec. 101. STOP grants. 

Sec. 102. Grants to encourage arrest policies and enforcement of protection orders. 

Sec. 103. Legal assistance for victims. 

Sec. 104. Consolidation of grants to support families in the justice system. 

Sec. 105. Court-appointed special advocate program. 

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

Sec. 107. Culturally specific services grant. 

Sec. 108. Reduction in rape kit backlog. 

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 201. Sexual assault services program. 

Sec. 202. Rural domestic violence, dating violence, sexual assault, stalking, and 

child abuse enforcement assistance. 

Sec. 203. Training and services to end violence against women with disabilities 

grants. 

Sec. 204. Grant for training and services to end violence against women in later 

life. 

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 301. Rape prevention and education grant. 

Sec. 302. Creating hope through outreach, options, services, and education for 

children and youth. 

Sec. 303. Grants to combat violent crimes on campuses. 

Sec. 304. 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 HEALTH CARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, AND STALKING 

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

stalking. 


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TITLE VI—SAFE HOMES FOR VICTIMS OF DOMESTIC VIOLENCE, 

DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

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

sexual assault, and stalking. 

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

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

violence, sexual assault, and stalking. 

TITLE VII—ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE 

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

of domestic and sexual violence. 

TITLE VIII—IMMIGRATION PROVISIONS 

Sec. 801. Fraud prevention initiatives. 

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

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

Sec. 804. Regulation of international marriage brokers. 

Sec. 805. GAO report. 

Sec. 806. Temporary Nature of U Visa Status. 

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

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

Sec. 809. Public charge. 

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

Sec. 811. Hardship waivers. 

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

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

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Grants to Indian tribal governments. 

Sec. 902. Grants to Indian tribal coalitions. 

Sec. 903. Consultation. 

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

TITLE X—CRIMINAL PROVISIONS 

Sec. 1001. Criminal provisions relating to sexual abuse. 

Sec. 1002. Sexual abuse in custodial settings. 

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

Sec. 1004. Amendments to the Federal assault statute. 

Sec. 1005. Mandatory minimum sentence. 

1 SEC. 3. VAWA DEFINITIONS AND GRANT CONDITIONS. 

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

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

4 13925(a)) is amended— 


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

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

3 (2) in paragraph (3), by striking ‘‘an organiza4 tion’’ and inserting ‘‘a nonprofit, nongovernmental, 

5 or tribal organization that serves a specific geo6 graphic community’’; 

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

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

9 spouse’’; 

10 (4) by amending paragraph (16) to read as fol11 lows: 

12 ‘‘(16) LEGAL ASSISTANCE.—The term ‘legal as13 sistance’— 

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

15 victims of domestic violence, dating violence, 

16 sexual assault, and stalking in— 

17 ‘‘(i) family, tribal, territorial, immi18 gration, employment, administrative agen19 cy, housing matters, campus administrative 

20 or protection or stay away order pro21 ceedings, and other similar matters; and 

22 ‘‘(ii) criminal justice investigations, 

23 prosecutions and post-trial matters (includ24 ing sentencing, parole, and probation) that 

25 impact the victim’s safety and privacy; and 


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1 ‘‘(B) may include services and assistance 

2 to victims of domestic violence, dating violence, 

3 sexual assault, or stalking who are also victims 

4 of severe forms of trafficking in persons as de5 fined by section 103 of the Trafficking Victims 

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

7 except that intake or referral, without other action, 

8 does not constitute legal assistance.’’. 

9 (A) in subparagraph (B), by striking the 

10 period after ‘‘privacy’’ and inserting a comma. 

11 (5) by amending paragraph (18) to read as fol12 lows: 

13 ‘‘(18) PERSONALLY IDENTIFYING INFORMATION

14 OR PERSONAL INFORMATION.—The term ‘personally 

15 identifying information’ or ‘personal information’ 

16 means individually identifying information for or 

17 about an individual, including information likely to 

18 disclose the location of a victim of domestic violence, 

19 dating violence, sexual assault, or stalking, regard20 less of whether the information is encoded, 

21 encrypted, hashed, or otherwise protected, includ22 ing— 

23 ‘‘(A) a first and last name; 

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

12 and inserting ‘‘assistance’’; 

13 (7) in paragraph (21)— 

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

15 after the semicolon; 

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

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

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

19 ‘‘(C) any federally recognized Indian 

20 tribe.’’; 

21 (8) in paragraph (22)— 

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

23 and 

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

25 ‘‘250,000’’; 


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1 (9) by amending paragraph (23) to read as fol2 lows: 

3 ‘‘(23) SEXUAL ASSAULT.—The term ‘sexual as4 sault’ means any nonconsensual sexual act pro5 scribed by Federal, tribal, or State law, including 

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

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

8 follows: 

9 ‘‘(33) UNDERSERVED POPULATIONS.—The 

10 term ‘underserved populations’ means populations 

11 who face barriers to accessing and using victim serv12 ices, and includes populations underserved because 

13 of geographic location, underserved racial and ethnic 

14 populations, populations underserved because of spe15 cial needs (such as language barriers, disabilities, 

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

17 determined to be underserved by the Attorney Gen18 eral or the Secretary of Health and Human Services, 

19 as appropriate.’’; 

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

21 follows: 

22 ‘‘(37) YOUTH.—The term ‘youth’ means a per23 son who is 11 to 24 years of age.’’; 

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

25 paragraphs: 


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

2 ‘Alaska Native village’ has the same meaning given 

3 such term in the Alaska Native Claims Settlement 

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

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

6 who is under 11 years of age. 

7 ‘‘(40) CULTURALLY SPECIFIC.—The term ‘cul8 turally specific’ (except when used as part of the 

9 term ‘culturally specific services’) means primarily 

10 composed of racial and ethnic minority groups (as 

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

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

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

14 term ‘culturally specific services’ means community15 based services and resources that are culturally rel16 evant and linguistically specific to culturally specific 

17 communities. 

18 ‘‘(42) HOMELESS, HOMELESS INDIVIDUAL, 

19 HOMELESS PERSON.—The terms ‘homeless’, ‘home20 less individual’, and ‘homeless person’— 

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

22 regular, and adequate nighttime residence; and 

23 ‘‘(B) includes— 

24 ‘‘(i) an individual who— 


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1 ‘‘(I) is sharing the housing of 

2 other persons due to loss of housing, 

3 economic hardship, or a similar rea4 son; 

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

6 trailer park, or campground due to 

7 the lack of alternative adequate ac8 commodations; 

9 ‘‘(III) is living in an emergency 

10 or transitional shelter; 

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

12 or 

13 ‘‘(V) is awaiting foster care 

14 placement; 

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

16 nighttime residence that is a public or pri17 vate place not designed for or ordinarily 

18 used as a regular sleeping accommodation 

19 for human beings; or 

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

21 section 1309 of the Elementary and Sec22 ondary Education Act of 1965; 20 U.S.C. 

23 6399) who qualify as homeless under this 

24 section because the children are living in 

25 circumstances described in this paragraph. 


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1 ‘‘(43) POPULATION SPECIFIC ORGANIZATION.— 

2 The term ‘population specific organization’ means a 

3 nonprofit, nongovernmental organization that pri4 marily serves members of a specific underserved 

5 population and has demonstrated experience and ex6 pertise providing targeted services to members of 

7 that specific underserved population. 

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

9 term ‘population specific services’ means victim serv10 ices that— 

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

12 legal, housing, workplace, immigration, con13 fidentiality, or other needs of victims of domes14 tic violence, dating violence, sexual assault, or 

15 stalking; and 

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

17 targeted to, a specific underserved population. 

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

19 crisis center’ means— 

20 ‘‘(A) a nonprofit, nongovernmental, or trib21 al organization that provides intervention and 

22 related assistance, as specified in section 

23 41601(b)(2)(C), to victims of sexual assault 

24 without regard to the age of the victims; or 

25 ‘‘(B) a governmental entity that— 


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

2 Territory; 

3 ‘‘(ii) provides intervention and related 

4 assistance, as specified in section 

5 41601(b)(2)(C), to victims of sexual as6 sault without regard to the age of the vic7 tims; 

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

9 or other entity that is part of the criminal 

10 justice system; and 

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

12 victims that is comparable to a nonprofit 

13 entity that provides similar victim services. 

14 ‘‘(46) SEX TRAFFICKING.—The term ‘sex traf15 ficking’ means any conduct proscribed by section 

16 1591 of title 18, United States Code, whether or not 

17 the conduct occurs in interstate or foreign commerce 

18 or within the special maritime and territorial juris19 diction of the United States. 

20 ‘‘(47) TRIBAL COALITION.—The term ‘tribal co21 alition’ means an established nonprofit, nongovern22 mental Indian organization, Alaska Native organiza23 tion, or a Native Hawaiian organization that— 

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1 viders in a manner that enables those member 

2 providers to establish and maintain culturally 

3 appropriate services, including shelter and rape 

4 crisis services, designed to assist Indian women 

5 and the dependents of those women who are 

6 victims of domestic violence, dating violence, 

7 sexual assault, and stalking; and 

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

9 members that are representative of— 

10 ‘‘(i) the member service providers de11 scribed in subparagraph (A); and 

12 ‘‘(ii) the tribal communities in which 

13 the services are being provided. 

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

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

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

17 other general purpose political subdivision of a 

18 State. 

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

20 services’— 

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

22 domestic violence, dating violence, sexual as23 sault, or stalking, including telephonic or web24 based hotlines, legal advocacy, economic advo25 cacy, emergency and transitional shelter, acVerDate Mar 15 2010 22:33 May 02, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.IH H4970

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1 companiment and advocacy through medical, 

2 civil or criminal justice, immigration, and social 

3 support systems, crisis intervention, short-term 

4 individual and group support services, informa5 tion and referrals, culturally specific services, 

6 population specific services, and other related 

7 supportive services; and 

8 ‘‘(B) may include services and assistance 

9 to victims of domestic violence, dating violence, 

10 sexual assault, or stalking who are also victims 

11 of severe forms of trafficking in persons as de12 fined by section 103 of the Trafficking Victims 

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

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

15 ‘victim service provider’ means a nonprofit, non16 governmental or tribal organization or rape crisis 

17 center, including a State sexual assault coalition or 

18 tribal coalition, that— 

19 ‘‘(A) assists domestic violence, dating vio20 lence, sexual assault, or stalking victims, includ21 ing domestic violence shelters, faith-based orga22 nizations, and other organizations; and 

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

24 work concerning domestic violence, dating vio25 lence, sexual assault, or stalking.’’; and 


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1 (13) by striking paragraphs (17) and (36), and 

2 then reordering the remaining paragraphs of such 

3 subsection (including the paragraphs added by para4 graph (12) of this subsection) in alphabetical order 

5 based on the headings of such paragraphs, and re6 numbering such paragraphs as so reordered. 

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

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

9 U.S.C. 13925(b)) is amended— 

10 (1) in paragraph (2)— 

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

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

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

14 personally identifying information or indi15 vidual information collected in connection 

16 with services requested, utilized, or denied 

17 through grantees’ and subgrantees’ pro18 grams, regardless of whether the informa19 tion has been encoded, encrypted, hashed, 

20 or otherwise protected; or 

21 ‘‘(ii) disclose, reveal, or release indi22 vidual client information without the in23 formed, written, reasonably time-limited 

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

25 unemancipated minor, the minor and the 


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1 parent or guardian or in the case of legal 

2 incapacity, a court-appointed guardian) 

3 about whom information is sought, wheth4 er for this program or any other Federal, 

5 State, tribal, or territorial grant program, 

6 except that— 

7 ‘‘(I) consent for release may not 

8 be given by the abuser of the minor, 

9 incapacitated person, or the abuser of 

10 the other parent of the minor; and 

11 ‘‘(II) if a minor or a person with 

12 a legally appointed guardian is per13 mitted by law to receive services with14 out the parent’s or guardian’s con15 sent, such minor or person with a 

16 guardian may release information 

17 without additional consent.’’; 

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

19 read as follows: 

20 ‘‘(D) INFORMATION SHARING.— 

21 ‘‘(i) IN GENERAL.—Grantees and sub22 grantees may share— 

23 ‘‘(I) nonpersonally identifying 

24 data in the aggregate regarding serv25 ices to their clients and nonpersonally 


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1 identifying demographic information 

2 in order to comply with Federal, 

3 State, tribal, or territorial reporting, 

4 evaluation, or data collection require5 ments; 

6 ‘‘(II) court-generated information 

7 and law enforcement-generated infor8 mation contained in secure, govern9 mental registries for protection order 

10 enforcement purposes; and 

11 ‘‘(III) law enforcement-generated 

12 and prosecution-generated information 

13 necessary for law enforcement, intel14 ligence, national security, or prosecu15 tion purposes. 

16 ‘‘(ii) LIMITATIONS.—Grantees and 

17 subgrantees may not— 

18 ‘‘(I) require an adult, youth, or 

19 child victim of domestic violence, dat20 ing violence, sexual assault, or stalk21 ing to provide a consent to release his 

22 or her personally identifying informa23 tion as a condition of eligibility for the 

24 services provided by the grantee or 

25 subgrantee; or 


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1 ‘‘(II) share any personally identi2 fying information in order to comply 

3 with Federal reporting, evaluation, or 

4 data collection requirements, whether 

5 for this program or any other Federal 

6 grant program.’’; 

7 (C) by redesignating subparagraph (E) as 

8 subparagraph (F); 

9 (D) by inserting after subparagraph (D) 

10 the following: 

11 ‘‘(E) STATUTORILY MANDATED REPORTS

12 OF ABUSE OR NEGLECT.—Nothing in this para13 graph prohibits a grantee or subgrantee from 

14 reporting suspected abuse or neglect, as those 

15 terms are defined by law, when specifically 

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

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

18 subparagraph: 

19 ‘‘(G) CONFIDENTIALITY ASSESSMENT AND

20 ASSURANCES.—Grantees and subgrantees shall 

21 certify their compliance with the confidentiality 

22 and privacy provisions required under this sec23 tion.’’; 

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

25 following: 


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

2 the activities under this title, grantees and sub3 grantees may collaborate with and provide informa4 tion to Federal, State, local, tribal, and territorial 

5 public officials and agencies to develop and imple6 ment policies, and develop and promote State, local, 

7 or tribal legislation or model codes, designed to re8 duce or eliminate domestic violence, dating violence, 

9 sexual assault, and stalking.’’; 

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

11 the following: 

12 ‘‘Final reports of such evaluations shall be made 

13 publically available on the website of the disbursing 

14 agency.’’; and 

15 (4) by inserting after paragraph (11) the fol16 lowing: 

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

18 grantee or subgrantee providing legal assistance with 

19 funds awarded under this title shall comply with the 

20 eligibility requirements in section 1201(d) of the Vi21 olence Against Women Act of 2000 (42 U.S.C. 

22 3796gg–6(d)). 

23 ‘‘(13) CIVIL RIGHTS.— 

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

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1 ceived race, color, religion, national origin, sex, 

2 or disability be excluded from participation in, 

3 be denied the benefits of, or be subjected to dis4 crimination under, any program or activity 

5 funded in whole or in part with funds made 

6 available under the Violence Against Women 

7 Act of 1994 (title IV of Public Law 103–322; 

8 108 Stat. 1902), the Violence Against Women 

9 Act of 2000 (division B of Public Law 106– 

10 386; 114 Stat. 1491), the Violence Against 

11 Women and Department of Justice Reauthor12 ization Act of 2005 (title IX of Public Law 

13 109–162; 119 Stat. 3080), the Violence Against 

14 Women Reauthorization Act of 2012, or any 

15 other program or activity funded in whole or in 

16 part with funds appropriated for grants, cooper17 ative agreements, and other assistance adminis18 tered by the Office on Violence Against Women. 

19 ‘‘(B) REASONABLE ACCOMMODATION.— 

20 Nothing in this paragraph shall prevent consid21 eration of an individual’s gender for purposes of 

22 a program or activity described in subpara23 graph (A) if the grantee involved determines 

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1 ation of such program or activity. In such a 

2 case, alternative reasonable accommodations are 

3 sufficient to meet the requirements of this para4 graph. 

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

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

7 title I of the Omnibus Crime Control and Safe 

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

9 apply to violations of subparagraph (A). 

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

11 in this paragraph shall be construed, inter12 preted, or applied to supplant, displace, pre13 empt, or otherwise diminish the responsibilities 

14 and liabilities of grantees under other Federal 

15 or State civil rights law, whether statutory or 

16 common.’’. 

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

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

19 2(6)) is amended to read as follows: 

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

21 and ‘homeless person’have the meanings given such 

22 terms in section 40002(a);’’. 

23 SEC. 4. ACCOUNTABILITY PROVISIONS. 

24 (a) REQUIREMENT FOR DOJ GRANT APPLICANTS TO

25 INCLUDE CERTAIN INFORMATION ABOUT FEDERAL


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1 GRANTS IN DOJ GRANT APPLICATIONS.—Each applicant 

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

3 as part of the application for the grant, the following in4 formation: 

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

6 applied for during the one-year period preceding the 

7 date of submission of the application. 

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

9 received during the five-year period preceding the 

10 date of submission of the application. 

11 (b) ENHANCING GRANT EFFICIENCY AND COORDINA12 TION.— 

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

14 consultation with the Secretary of Health and 

15 Human Services, shall, to the greatest extent prac16 ticable, take actions to further the coordination of 

17 the administration of grants within the Department 

18 of Justice to increase the efficiency of such adminis19 tration. 

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

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

22 General shall submit to the Committee on the Judi23 ciary and the Committee on Appropriations of the 

24 Senate and the Committee on the Judiciary and the 

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1 resentatives a report on the actions taken by the At2 torney General under paragraph (1) and the 

3 progress of such actions in achieving coordination 

4 described in such paragraph. 

5 (c) REQUIRING OFFICE OF AUDIT, ASSESSMENT, 

6 AND MANAGEMENT FUNCTIONS TO APPLY TO VAWA 

7 GRANTS.— 

8 (1) IN GENERAL.—Section 109(b) of the Omni9 bus Crime Control and Safe Streets Act of 1968 is 

10 amended— 

11 (A) by redesignating paragraph (3) as 

12 paragraph (4); and 

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

14 following new paragraph: 

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

16 or in part with funds made available under the Vio17 lence Against Women Act of 1994 (title IV of Public 

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

19 Against Women Act of 2000 (division B of Public 

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

21 Against Women and Department of Justice Reau22 thorization Act of 2005 (title IX of Public Law 109– 

23 162; 119 Stat. 3080), the Violence Against Women 

24 Reauthorization Act of 2012, or any other program 

25 or activity funded in whole or in part with funds apVerDate Mar 15 2010 22:33 May 02, 2012 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.IH H4970

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1 propriated for grants, cooperative agreements, and 

2 other assistance administered by the Office on Vio3 lence Against Women.’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

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

6 periods beginning on or after the date of the enact7 ment of this Act. 

8 (d) VAWA GRANT ACCOUNTABILITY.—Section 

9 40002 of the Violence Against Women Act of 1994 (42 

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

11 the following: 

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

13 this title shall be subject to the following accountability 

14 provisions: 

15 ‘‘(1) AUDIT REQUIREMENT.—Beginning in fis16 cal year 2013, and in each fiscal year thereafter, the 

17 Inspector General of the Department of Justice or 

18 the Inspector General of the Department of Health 

19 and Human Services, as applicable, shall conduct an 

20 audit of not fewer than 10 percent of all grantees 

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

22 of funds by such grantees. 

23 ‘‘(2) MANDATORY EXCLUSION.—A grantee de24 scribed in paragraph (1) that is found by the Inspec25 tor General of the Department of Justice or the InVerDate Mar 15 2010 22:33 May 02, 2012 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.IH H4970

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1 spector General of the Department of Health and 

2 Human Services, as applicable, to have an unre3 solved audit finding (as defined in paragraph (5)) 

4 shall not be eligible to receive grant funds under this 

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

6 month period described in such paragraph. 

7 ‘‘(3) REIMBURSEMENT.—If an entity is award8 ed grant funds under this title during any period in 

9 which the entity is prohibited from receiving funds 

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

11 administering a grant program under this title 

12 shall— 

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

14 Treasury an amount equal to the grant funds 

15 that were improperly awarded to the grantee; 

16 and 

17 ‘‘(B) seek to recoup the costs of the repay18 ment to the Fund from the entity that was er19 roneously awarded such grant funds. 

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

21 In this subsection, the term ‘unresolved audit find22 ing’ means, with respect to a grantee described in 

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

24 recommendation by the Inspector General of the De25 partment of Justice or the Inspector General of the 


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1 Department of Health and Human Service, as appli2 cable, that the grantee has utilized grant funds for 

3 an unauthorized expenditure or otherwise unallow4 able cost that is not closed or resolved within 12 

5 months from the date of an initial notification of the 

6 finding, statement, or recommendation. 

7 ‘‘(5) NONPROFIT ORGANIZATION REQUIRE8 MENTS.— 

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

10 paragraph, the term ‘nonprofit organization’ 

11 means an organization that is described in sec12 tion 501(c)(3) of the Internal Revenue Code of 

13 1986 and is exempt from taxation under section 

14 501(a) of such Code. 

15 ‘‘(B) PROHIBITION.—The Attorney Gen16 eral shall not award a grant under any grant 

17 program under this title to a nonprofit organi18 zation that holds money in offshore accounts 

19 for the purpose of avoiding paying the tax de20 scribed in section 511(a) of the Internal Rev21 enue Code of 1986. 

22 ‘‘(6) ADMINISTRATIVE EXPENSES.—Unless oth23 erwise explicitly provided in authorizing legislation, 

24 not more than 5.0 percent of the amounts author25 ized to be appropriated under this title may be used 


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1 by the Attorney General for salaries and administra2 tive expenses of the Office on Violence Against 

3 Women. 

4 ‘‘(7) CONFERENCE EXPENDITURES.— 

5 ‘‘(A) LIMITATION.—No amounts author6 ized to be appropriated to the Department of 

7 Justice or Department of Health and Human 

8 Services under this title may be used by the At9 torney General, the Secretary of Health and 

10 Human Services, or by any individual or orga11 nization awarded funds under this title, to host 

12 or support any expenditure for conferences, un13 less in the case of the Department of Justice, 

14 the Deputy Attorney General or the appropriate 

15 Assistant Attorney General, or in the case of 

16 the Department of Health and Human Services 

17 the Deputy Secretary, provides prior written 

18 authorization that the funds may be expended 

19 to host or support any expenditure for such a 

20 conference. 

21 ‘‘(B) WRITTEN APPROVAL.—Written au22 thorization under subparagraph (A) shall in23 clude a written estimate of all costs associated 

24 with the conference, including the cost of all 


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1 food and beverages, audio/visual equipment, 

2 honoraria for speakers, and any entertainment. 

3 ‘‘(C) REPORT.—The Deputy Attorney Gen4 eral and Deputy Secretary of Health and 

5 Human Services shall submit an annual report 

6 to the Committee on the Judiciary and the 

7 Committee on Health, Education, Labor, and 

8 Pensions of the Senate and the Committee on 

9 the Judiciary and the Committee on Energy 

10 and Commerce of the House of Representatives 

11 on all conference expenditures approved and de12 nied during the fiscal year for which the report 

13 is submitted. 

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

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

16 to be appropriated under this title may not be 

17 utilized by any grantee or subgrantee to lobby 

18 any representative of the Federal Government 

19 (including the Department of Justice) or a 

20 State, local, or tribal government regarding the 

21 award of grant funding. 

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

23 determines that any grantee or subgrantee re24 ceiving funds under this title has violated sub25 paragraph (A), the Attorney General shall— 


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1 ‘‘(i) require the grantee or subgrantee 

2 to repay such funds in full; and 

3 ‘‘(ii) prohibit the grantee or sub4 grantee from receiving any funds under 

5 this title for not less than 5 years. 

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

7 the first fiscal year beginning after the date of the 

8 enactment of the Violence Against Women Reau9 thorization Act of 2012, the Assistant Attorney Gen10 eral for the Office of Justice Programs, the Director 

11 of the Office on Violence Against Women, and the 

12 Deputy Secretary for Health and Human Services 

13 shall submit to the Committee on the Judiciary and 

14 the Committee on Appropriations of the Senate and 

15 the Committee on the Judiciary and the Committee 

16 on Appropriations of the House of Representatives a 

17 certification for such year that— 

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

19 Inspector General under paragraph (1) have 

20 been completed and reviewed by the Assistant 

21 Attorney General for the Office of Justice Pro22 grams; 

23 ‘‘(B) all mandatory exclusions required 

24 under paragraph (2) have been issued; 


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1 ‘‘(C) all reimbursements required under 

2 paragraph (3) have been made; and 

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

4 subgrantees excluded during the previous year 

5 under paragraph (2).’’. 

6 SEC. 5. EFFECTIVE DATE. 

7 Except as otherwise specifically provided in this Act, 

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

9 602, 901, and 902 of this Act shall not take effect until 

10 the first day of the fiscal year following the date of enact11 ment of this Act. 

12 TITLE I—ENHANCING JUDICIAL 

13 AND LAW ENFORCEMENT 

14 TOOLS TO COMBAT VIOLENCE 

15 AGAINST WOMEN 

16 SEC. 101. STOP GRANTS. 

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

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

19 3711 et seq.) is amended— 

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

21 as amended by paragraph (2)— 

22 (A) in the matter preceding paragraph 

23 (1)— 

24 (i) by striking ‘‘equipment’’ and in25 serting ‘‘resources’’; and 


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1 (ii) by inserting ‘‘for the protection 

2 and safety of victims,’’ before ‘‘and specifi3 cally,’’; 

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

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

6 violence’’ and inserting ‘‘domestic violence, dat7 ing violence, sexual assault, and stalking’’; 

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

9 assault and domestic violence’’ and inserting 

10 ‘‘domestic violence, dating violence, sexual as11 sault, and stalking’’; 

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

13 assault and domestic violence’’ and inserting 

14 ‘‘domestic violence, dating violence, sexual as15 sault, and stalking, as well as the appropriate 

16 treatment of victims’’; 

17 (E) in paragraph (4)— 

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

19 ‘‘identifying’’; and 

20 (ii) by striking ‘‘sexual assault and 

21 domestic violence’’ and inserting ‘‘domestic 

22 violence, dating violence, sexual assault, 

23 and stalking’’; 

24 (F) in paragraph (5)— 


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

2 after ‘‘victim services’’; 

3 (ii) by striking ‘‘sexual assault and 

4 domestic violence’’ and inserting ‘‘domestic 

5 violence, dating violence, sexual assault, 

6 and stalking’’; and 

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

8 and all that follows and inserting ‘‘includ9 ing crimes of domestic violence, dating vio10 lence, sexual assault, and stalking;’’; 

11 (G) by striking paragraph (6) and redesig12 nating paragraphs (7) through (14) as para13 graphs (6) through (13), respectively; 

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

15 by subparagraph (G), by striking ‘‘sexual as16 sault and domestic violence’’ and inserting ‘‘do17 mestic violence, dating violence, sexual assault, 

18 and stalking’’; 

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

20 subparagraph (G), by striking ‘‘and dating vio21 lence’’ and inserting ‘‘dating violence, and 

22 stalking’’; 

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

24 subparagraph (G)— 


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1 (i) by striking ‘‘domestic violence or 

2 sexual assault’’ and inserting ‘‘domestic vi3 olence, dating violence, sexual assault, or 

4 stalking’’; and 

5 (ii) by striking ‘‘such violence or as6 sault’’ and inserting ‘‘such violence, as7 sault, or stalking’’; 

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

9 by subparagraph (G)— 

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

11 ‘‘triage protocols to ensure that dangerous 

12 or potentially lethal cases are identified 

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

14 evidence-based indicators to assess the risk 

15 of domestic and dating violence homicide 

16 and prioritize dangerous or potentially le17 thal cases’’; and 

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

19 ‘‘and’’ at the end; 

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

21 by subparagraph (G)— 

22 (i) in the matter preceding subpara23 graph (A)— 

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

25 inserting ‘‘providing’’; 


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1 (II) by striking ‘‘nonprofit non2 governmental’’; and 

3 (III) by striking the comma after 

4 ‘‘local governments’’; 

5 (ii) by inserting ‘‘and’’ after the semi6 colon in subparagraph (B); and 

7 (iii) by striking the period at the end 

8 of subparagraph (C) and inserting a semi9 colon; 

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

11 so redesignated by subparagraph (G), the fol12 lowing: 

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

14 tribal legislation and policies that enhance best prac15 tices for responding to domestic violence, dating vio16 lence, sexual assault, and stalking; 

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

18 Sexual Assault Response Teams, or other similar co19 ordinated community responses to sexual assault; 

20 ‘‘(16) developing and strengthening policies, 

21 protocols, best practices, and training for law en22 forcement agencies and prosecutors relating to the 

23 investigation and prosecution of sexual assault cases 

24 and the appropriate treatment of victims; 


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

2 programs addressing sexual assault against men, 

3 women, and youth in correctional and detention set4 tings; 

5 ‘‘(18) identifying and conducting inventories of 

6 backlogs of sexual assault evidence collection kits 

7 and developing protocols and policies for responding 

8 to and addressing such backlogs, including protocols 

9 and policies for notifying and involving victims; and 

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

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

12 enhancing, or strengthening prevention and edu13 cational programming to address domestic violence, 

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

15 (N) in the flush text at the end, by strik16 ing ‘‘paragraph (14)’’ and inserting ‘‘paragraph 

17 (13)’’; 

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

19 (A) in subsection (a), by striking ‘‘non20 profit nongovernmental victim service pro21 grams’’ and inserting ‘‘victim service pro22 viders’’; 

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

24 including populations of Indian tribes)’’; 

25 (C) in subsection (c)— 


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

2 as follows: 

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

4 plan for implementation and may consult and co5 ordinate with— 

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

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

8 ‘‘(C) the law enforcement entities within 

9 the State; 

10 ‘‘(D) prosecution offices; 

11 ‘‘(E) State and local courts; 

12 ‘‘(F) Tribal governments in those States 

13 with State or federally recognized Indian tribes; 

14 ‘‘(G) representatives from underserved 

15 populations; 

16 ‘‘(H) victim service providers; 

17 ‘‘(I) population specific organizations; and 

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

19 Attorney General identifies as necessary for the 

20 planning process;’’; 

21 (ii) by striking paragraph (4); 

22 (iii) by redesignating paragraph (3) as 

23 paragraph (4); 

24 (iv) by inserting after paragraph (2) 

25 the following: 


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1 ‘‘(3) grantees shall coordinate the State imple2 mentation plan described in paragraph (2) with the 

3 State plans described in section 307 of the Family 

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

5 10407) and the plans described in the Victims of 

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

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

8 U.S.C. 280b–1b); and’’; and 

9 (v) in paragraph (4), as so redesig10 nated by clause (iii)— 

11 (I) in subparagraph (A), by strik12 ing ‘‘and not less than 25 percent 

13 shall be allocated for prosecutors’’; 

14 (II) by redesignating subpara15 graphs (B) and (C) as subparagraphs 

16 (D) and (E); 

17 (III) by inserting after subpara18 graph (A), the following: 

19 ‘‘(B) not less than 25 percent shall be allo20 cated for prosecutors; 

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

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

23 enactment of the Violence Against Women Re24 authorization Act of 2012, not less than 20 per25 cent shall be allocated for programs or projects 


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1 that meaningfully address sexual assault, in2 cluding stranger rape, acquaintance rape, alco3 hol or drug-facilitated rape, and rape within the 

4 context of an intimate partner relationship;’’; 

5 (IV) in subparagraph (D), as so 

6 redesignated by subclause (II), by 

7 striking ‘‘culturally specific commu8 nity based’’ and inserting ‘‘population 

9 specific’’; and 

10 (V) in subparagraph (E), as so 

11 redesignated by subclause (II)— 

12 (aa) by striking ‘‘for’’ and 

13 inserting ‘‘to’’; and 

14 (bb) by striking ‘‘; and’’ and 

15 inserting a period; 

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

17 follows: 

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

19 for a grant under this part shall include— 

20 ‘‘(1) the certifications of qualification required 

21 under subsection (c); 

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

23 for the payment of forensic medical exams and judi24 cial notification, described in section 2010; 


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

2 for paying fees and costs relating to domestic vio3 lence and protection order cases described in section 

4 2011; 

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

6 prohibiting polygraph examinations of victims of sex7 ual assault described in section 2013; 

8 ‘‘(5) an implementation plan required under 

9 subsection (i); and 

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

11 General may require.’’; 

12 (E) in subsection (e)— 

13 (i) in paragraph (2)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘domestic violence and sexual as16 sault’’ and inserting ‘‘domestic vio17 lence, dating violence, sexual assault, 

18 and stalking’’; and 

19 (II) in subparagraph (D), by 

20 striking ‘‘linguistically and culturally’’ 

21 and inserting ‘‘population’’; and 

22 (ii) by adding at the end the fol23 lowing: 

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

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1 able conditions on grant awards disbursed after the 

2 date of enactment of the Violence Against Women 

3 Reauthorization Act of 2012 to ensure that the 

4 States meet statutory, regulatory, and other pro5 grams 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; and 

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

23 the application submitted in accordance with sub24 section (d)— 


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1 ‘‘(A) the implementation plan developed 

2 under paragraph (1); 

3 ‘‘(B) documentation from each member of 

4 the planning committee with respect to the 

5 member’s participation in the planning process; 

6 ‘‘(C) documentation from the prosecution, 

7 law enforcement, court, and victim services pro8 grams to be assisted, describing— 

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

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

11 funds; 

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

13 funds; and 

14 ‘‘(iv) the demographic characteristics 

15 of the populations to be served, including 

16 age, disability, race, ethnicity, and lan17 guage background; 

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

19 ensure that any subgrantees will consult with 

20 victim service providers during the course of de21 veloping their grant applications to ensure that 

22 the proposed activities are designed to promote 

23 the safety, confidentiality, and economic inde24 pendence of victims; 


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1 ‘‘(E) demographic data on the distribution 

2 of underserved populations within the State and 

3 a description of how the State will meet the 

4 needs of underserved populations, including the 

5 minimum allocation for population specific serv6 ices required under subsection (c)(4)(C); 

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

8 to meet the requirements of subsection (c)(5); 

9 ‘‘(G) goals and objectives for reducing do10 mestic and dating violence-related homicides 

11 within the State; and 

12 ‘‘(H) any other information requested by 

13 the Attorney General.’’; 

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

15 (A) in subsection (a), by amending para16 graph (1) to read as follows: 

17 ‘‘(1) IN GENERAL.—A State, Indian tribal gov18 ernment, or unit of local government shall not be en19 titled to funds under this subchapter unless the 

20 State, Indian tribal government, unit of local govern21 ment, or another governmental entity— 

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

23 forensic medical exams described in subsection 

24 (b) for victims of sexual assault; and 


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1 ‘‘(B) coordinates with health care providers 

2 in the region to notify victims of sexual assault 

3 of the availability of rape exams at no cost to 

4 the victims.’’; 

5 (B) in subsection (b)— 

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

7 after the semicolon; 

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

9 or’’ and inserting a period; and 

10 (iii) by striking paragraph (3); 

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

12 that such funds’’ and all that follows and in13 serting a period; and 

14 (D) by amended subsection (d) to read as 

15 follows: 

16 ‘‘(d) NONCOOPERATION.— 

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

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

19 unit of local government shall comply with sub20 section (b) without regard to whether the victim par21 ticipates in the criminal justice system or cooperates 

22 with law enforcement. 

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

24 and Indian tribal governments shall have 3 years 

25 from the date of enactment of the Violence Against 


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1 Women Reauthorization Act of 2012 to come into 

2 compliance with this subsection.’’; and 

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

4 5(a)(1))— 

5 (A) by inserting ‘‘modification, enforce6 ment, dismissal,’’ after ‘‘registration,’’ each 

7 place it appears; and 

8 (B) by striking ‘‘domestic violence, stalk9 ing, or sexual assault’’ and inserting ‘‘domestic 

10 violence, dating violence, sexual assault, or 

11 stalking’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 1001(a)(18) of title I of the Omnibus Crime Control and 

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

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

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

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

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, 


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1 tribal, territorial, and local judges, and 

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

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

4 ‘‘and sexual assault’’ and inserting ‘‘, dat5 ing 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, population specific orga10 nizations,’’; 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 officers, pros21 ecutors, and the judiciary in recognizing, inves22 tigating, and prosecuting instances of domestic vio23 lence, dating violence, sexual assault, and stalking. 

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

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1 tices for responding to the crimes of domestic vio2 lence, dating violence, sexual assault, and stalking, 

3 including the appropriate treatment of victims. 

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

5 assault nurse examiner programs or sexual assault 

6 forensic examiner programs, including the hiring 

7 and training of such examiners. 

8 ‘‘(18) To develop, implement, or enhance Sex9 ual Assault Response Teams or similar coordinated 

10 community responses to sexual assault. 

11 ‘‘(19) To develop and strengthen policies, proto12 cols, and training for law enforcement officers and 

13 prosecutors regarding the investigation and prosecu14 tion of sexual assault cases and the appropriate 

15 treatment of victims of sexual assault. 

16 ‘‘(20) To provide the following human immuno17 deficiency virus services for victims of sexual assault: 

18 ‘‘(A) Testing. 

19 ‘‘(B) Counseling. 

20 ‘‘(C) Prophylaxis. 

21 ‘‘(21) To identify and inventory backlogs of sex22 ual assault evidence collection kits and to develop 

23 protocols for responding to and addressing such 

24 backlogs, including policies and protocols for noti25 fying and involving victims. 


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

2 teams focusing on reducing domestic violence and 

3 dating violence homicides by— 

4 ‘‘(A) using evidence-based indicators to as5 sess the risk of homicide and link high-risk vic6 tims to immediate crisis intervention services; 

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

8 offenders; and 

9 ‘‘(C) providing ongoing victim advocacy 

10 and referrals to comprehensive services includ11 ing legal, housing, health care, and economic 

12 assistance.’’; 

13 (B) in subsection (c)— 

14 (i) in paragraph (1)— 

15 (I) in the matter preceding sub16 paragraph (A), by inserting ‘‘except 

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

18 (II) by redesignating subpara19 graphs (A) and (B) as clauses (i) and 

20 (ii), respectively, and adjusting the 

21 margin accordingly; 

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

23 ‘‘except for a court,’’ before ‘‘dem24 onstrate’’; 

25 (iii) in paragraph (4)— 


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1 (I) by inserting ‘‘modification, 

2 enforcement, dismissal,’’ after ‘‘reg3 istration,’’ each place it appears; 

4 (II) by inserting ‘‘dating vio5 lence,’’ after the second occurrence of 

6 ‘‘domestic violence,’’; and 

7 (III) by striking ‘‘and’’ at the 

8 end; 

9 (iv) in paragraph (5)— 

10 (I) in the matter preceding sub11 paragraph (A), by striking ‘‘, not later 

12 than 3 years after the date of enact13 ment of this section,’’; 

14 (II) by redesignating subpara15 graphs (A) and (B) as clauses (i) and 

16 (ii), respectively, and adjusting the 

17 margin accordingly; 

18 (III) in clause (ii), as redesig19 nated by subclause (III) of this 

20 clause, by striking ‘‘subparagraph 

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

22 (IV) by striking the period at the 

23 end and inserting ‘‘; and’’; 

24 (v) by redesignating paragraphs (1) 

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1 graph, as subparagraphs (A) through (E), 

2 respectively; 

3 (vi) in the matter preceding subpara4 graph (A), as redesignated by clause (v) of 

5 this subparagraph— 

6 (I) by striking the second 

7 comma; and 

8 (II) by striking ‘‘grantees are 

9 States’’ and inserting the following: 

10 ‘‘grantees are— 

11 ‘‘(1) States’’; and 

12 (vii) by adding at the end the fol13 lowing: 

14 ‘‘(2) a State, tribal, or territorial domestic vio15 lence or sexual assault coalition or a victim service 

16 provider that partners with a State, Indian tribal 

17 government, or unit of local government that cer18 tifies that the State, Indian tribal government, or 

19 unit of local government meets the requirements 

20 under paragraph (1).’’; 

21 (C) in subsection (d)— 

22 (i) in paragraph (1)— 

23 (I) in the matter preceding sub24 paragraph (A), by inserting ‘‘, policy,’’ 

25 after ‘‘law’’; and 


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1 (II) in subparagraph (A), by in2 serting ‘‘and the defendant is in cus3 tody or has been served with the in4 formation or indictment’’ before the 

5 semicolon; and 

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

7 and inserting ‘‘its’’; and 

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

9 ‘‘(f) ALLOCATION FOR SEXUAL ASSAULT.—Of the 

10 amounts appropriated for purposes of this part for each 

11 fiscal year, not less than 20 percent shall be available for 

12 projects that address sexual assault, including stranger 

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

14 and rape within the context of an intimate partner rela15 tionship.’’; and 

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

17 1(a))— 

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

19 after ‘‘tribal government,’’; and 

20 (B) in paragraph (4), by striking ‘‘non21 profit, private sexual assault and domestic vio22 lence programs’’ and inserting ‘‘victim service 

23 providers and, as appropriate, population spe24 cific organizations’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 1001(a)(19) of title I of the Omnibus Crime Control and 

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

4 amended— 

5 (1) by striking ‘‘$75,000,000’’ and all that fol6 lows through ‘‘2011’’ and inserting ‘‘$73,000,000 

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

8 (2) by striking the second period. 

9 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. 

10 Section 1201 of the Violence Against Women Act of 

11 2000 (42 U.S.C. 3796gg–6) is amended— 

12 (1) in subsection (a)— 

13 (A) in the first sentence, by striking ‘‘aris14 ing as a consequence of’’ and inserting ‘‘relat15 ing to or arising out of’’; and 

16 (B) in the second sentence, by inserting 

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

18 (2) in subsection (b)— 

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

20 GRANT CONDITIONS’’ after ‘‘DEFINITIONS’’; 

21 and 

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

23 after ‘‘definitions’’; 

24 (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.’’; 

10 (4) in subsection (d)— 

11 (A) in paragraph (1), by striking ‘‘this sec12 tion has completed’’ and all that follows and in13 serting the following: ‘‘this section—’’ 

14 ‘‘(A) has demonstrated expertise in pro15 viding legal assistance or advocacy to victims of 

16 domestic violence, dating violence, sexual as17 sault, or stalking in the targeted population; or 

18 ‘‘(B)(i) is partnered with an entity or per19 son that has demonstrated expertise described 

20 in subparagraph (A); and 

21 ‘‘(ii) has completed, or will complete, train22 ing in connection with domestic violence, dating 

23 violence, stalking, or sexual assault and related 

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

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

4 organization’’ and inserting ‘‘stalking victim 

5 service provider’’; and 

6 (5) in subsection (f)— 

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

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

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

11 and 

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

13 the following new subparagraph: 

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

15 this subsection in each fiscal year, not more 

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

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

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

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

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

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

25 Against Women and Department of Justice ReauthorizaVerDate Mar 15 2010 22:33 May 02, 2012 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.IH H4970

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1 tion Act of 2005 (Public Law 109–162; 119 Stat. 316), 

2 and inserting the following: 

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

4 IMPROVEMENTS. 

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

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

8 organizations, legal services providers, and victim services 

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

10 and criminal justice system to families with a history of 

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

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

14 may be used to— 

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

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

23 practices, and procedures in cases involving a history 

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1 volving allegations of child sexual abuse, including 

2 cases in which the victim proceeds pro se; 

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

5 ad litem) and child protective services workers on 

6 the dynamics of domestic violence, dating violence, 

7 sexual assault, and stalking, including information 

8 on perpetrator behavior, evidence-based risk factors 

9 for domestic and dating violence homicide, and on 

10 issues relating to the needs of victims, including 

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

13 ‘‘(4) provide appropriate resources in juvenile 

14 court matters to respond to domestic violence, dating 

15 violence, sexual assault (including child sexual 

16 abuse), and stalking and ensure necessary services 

17 dealing with the physical health and mental health 

18 of victims are available; 

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

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

23 centers, or interpreter services); 

24 ‘‘(B) community-based initiatives within 

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

4 ‘‘(C) offender management, monitoring, 

5 and accountability programs; 

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

8 within and between court systems; 

9 ‘‘(E) education and outreach programs to 

10 improve community access, including enhanced 

11 access for underserved populations; and 

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

13 responses to domestic violence, dating violence, 

14 sexual assault, and stalking; 

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

17 and tribal model codes and policies, to improve the 

18 capacity of grantees and communities to address the 

19 civil justice needs of victims of domestic violence, 

20 dating violence, sexual assault, and stalking who 

21 have legal representation, who are proceeding pro se, 

22 or who are proceeding with the assistance of a legal 

23 advocate; and 

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

25 judges, judicial personnel, attorneys, child welfare 


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1 personnel, and legal advocates in the civil justice 

2 system regarding domestic violence, dating violence, 

3 sexual assault, stalking, or child abuse. 

4 ‘‘(c) CONSIDERATIONS.— 

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

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

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

9 by the proposed programs and services; 

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

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

14 demonstrates cooperation and collaboration 

15 with nonprofit, nongovernmental entities in the 

16 local community with demonstrated histories of 

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

19 State or tribal domestic violence coalitions, 

20 State or tribal sexual assault coalitions, local 

21 shelters, and programs for domestic violence 

22 and sexual assault victims; and 

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

24 demonstrates coordination and collaboration 

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1 cluding mechanisms for communication and re2 ferral. 

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

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

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

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

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

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

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

15 stalking, or child sexual abuse, as appropriate; 

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

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

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

23 measures, including adequate facilities, procedures, 

24 and personnel capable of preventing violence, and 

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1 ing the development of protocols or policies to ensure 

2 that confidential information is not shared with 

3 courts, law enforcement agencies, or child welfare 

4 agencies unless necessary to ensure the safety of any 

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

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

8 the applicant do not require mediation or counseling 

9 involving offenders and victims being physically 

10 present in the same place, in cases where domestic 

11 violence, dating violence, sexual assault, or stalking 

12 is alleged; 

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

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

17 stalking, including child sexual abuse, and related 

18 legal issues; and 

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

20 evaluation or guardian ad litem services through a 

21 program funded under this section has completed or 

22 will complete training, developed with input from 

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

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


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

3 training on how to review evidence of past abuse and 

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

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

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

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

9 2017. Amounts appropriated pursuant to this subsection 

10 shall remain available until expended. 

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

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

13 the total amount available under this section for 

14 each fiscal year shall be available for grants under 

15 the program authorized by section 2015 of title I of 

16 the Omnibus Crime Control and Safe Streets Act of 

17 1968 (42 U.S.C. 3796gg–10). 

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

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 Subtitle J of the Violence Against Women Act of 1994 

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


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

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

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

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

7 2015’’; 

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

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

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

11 Programs’’; and 

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

13 subsection: 

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

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

16 the Administrator a report regarding the use of the grant 

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

21 in the child welfare system.’’; and 

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

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


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1 SEC. 106. OUTREACH AND SERVICES TO UNDERSERVED 

2 POPULATIONS GRANT. 

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

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

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

8 ‘‘(a) GRANTS AUTHORIZED.— 

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

12 of such appropriated amounts and combine them to 

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

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

18 provide victim services to meet the needs of adult 

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

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

23 this grant program. 

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

25 identified in this paragraph are the programs carried 

26 out under the following provisions: 


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

2 Crime Control and Safe Streets Act of 1968 

3 (STOP grants). 

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

5 Crime Control and Safe Streets Act of 1968 

6 (Grants to encourage arrest policies). 

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

8 this section are— 

9 ‘‘(1) population specific organizations that have 

10 demonstrated experience and expertise in providing 

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

14 provider or domestic violence or sexual assault coali15 tion; 

16 ‘‘(2) victim service providers offering population 

17 specific services for a specific underserved popu18 lation; or 

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

21 that has demonstrated experience and expertise in 

22 providing population specific services in the relevant 

23 underserved population. 

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

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


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

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

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

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

9 private organizations; 

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

12 populations to determine what the barriers are to 

13 service access and what factors contribute to those 

14 barriers, using input from the targeted underserved 

15 population or populations; 

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

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

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

20 targeted underserved population or populations, 

21 for— 

22 ‘‘(A) implementing prevention, outreach, 

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


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1 ‘‘(B) promoting community engagement in 

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

4 targeted underserved populations; and 

5 ‘‘(C) evaluating the program. 

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

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

10 one or more underserved populations, including— 

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

15 ‘‘(2) strengthening the capacity of underserved 

16 populations to provide population specific services; 

17 ‘‘(3) strengthening the capacity of traditional 

18 victim service providers to provide population spe19 cific services; 

20 ‘‘(4) strengthening the effectiveness of criminal 

21 and civil justice interventions by providing training 

22 for law enforcement, prosecutors, judges and other 

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


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

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

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

9 grant under this section shall submit an application to the 

10 Director of the Office on Violence Against Women at such 

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

12 may prescribe. 

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

14 under this section shall annually submit to the Director 

15 of the Office on Violence Against Women a report that 

16 describes the activities carried out with grant funds during 

17 the preceding fiscal year. 

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

19 this section the definitions and grant conditions in section 

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

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

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

24 are authorized to be appropriated to carry out this section 


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

2 2017.’’. 

3 SEC. 107. CULTURALLY SPECIFIC SERVICES GRANT. 

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

6 U.S.C. 14045a) is amended— 

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

8 LINGUISTICALLY’’; 

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

10 appears; 

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

12 appears; 

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

14 (a) to read as follows: 

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

16 identified in this paragraph are the programs carried 

17 out under the following provisions: 

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

19 Crime Control and Safe Streets Act of 1968 

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

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

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


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1 ‘‘(C) Section 40295 of the Violence 

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

3 (Rural domestic violence, dating violence, sexual 

4 assault, stalking, and child abuse enforcement 

5 assistance). 

6 ‘‘(D) Section 40802 of the Violence 

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

8 14041a) (Enhanced training and services to 

9 end violence against women later in life). 

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

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

13 training, and enhanced services to end violence 

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

15 and 

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

17 and’’. 

18 SEC. 108. REDUCTION IN RAPE KIT BACKLOG. 

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

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

23 and inserting ‘‘2012’’; and 

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


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

2 2014, not less than 75 percent of the grant amounts 

3 shall be awarded for purposes under subsection 

4 (a)(2).’’. 

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 through the period at 

16 the end and inserting ‘‘other nongovernmental or 

17 tribal programs and projects to assist individuals 

18 who have been victimized by sexual assault, without 

19 regard to the age of the individual.’’; and 

20 (2) in paragraph (2)— 

21 (A) in subparagraph (B), by striking ‘‘non22 profit, nongovernmental organizations for pro23 grams and activities’’ and inserting ‘‘nongovern24 mental or tribal programs and activities’’; and 


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

2 ‘‘linguistically and’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 41601(f)(1) of the Violence Against Women Act of 1994 

5 (42 U.S.C. 14043g(f)(1)) is amended by striking 

6 ‘‘$50,000,000 to remain available until expended for each 

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

8 ‘‘$40,000,000 to remain available until expended for each 

9 of fiscal years 2013 through 2017’’. 

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

11 SEXUAL ASSAULT, STALKING, AND CHILD 

12 ABUSE ENFORCEMENT ASSISTANCE. 

13 Section 40295 of the Violence Against Women Act 

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

15 (1) in subsection (a)(1)(H), by inserting ‘‘, in16 cluding sexual assault forensic examiners’’ before the 

17 semicolon; 

18 (2) in subsection (b)— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘victim advocacy 

21 groups’’ and inserting ‘‘victim service pro22 viders’’; and 

23 (ii) by inserting ‘‘, including devel24 oping multidisciplinary teams focusing on 

25 high-risk cases with the goal of preventing 


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1 domestic and dating violence homicides’’ 

2 before the semicolon; 

3 (B) in paragraph (2)— 

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

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

6 assistance, and other long-term and short7 term victim services and population spe8 cific services’’; and 

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

10 (C) in paragraph (3), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(4) to develop, expand, or strengthen pro14 grams addressing sexual assault, including sexual 

15 assault forensic examiner programs, Sexual Assault 

16 Response Teams, law enforcement training, and pro17 grams addressing rape kit backlogs.’’; and 

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

19 ‘‘$55,000,000 for each of the fiscal years 2007 

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

21 of fiscal years 2013 through 2017’’. 


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1 SEC. 203. TRAINING AND SERVICES TO END VIOLENCE 

2 AGAINST WOMEN WITH DISABILITIES 

3 GRANTS. 

4 Section 1402 of division B of the Victims of Traf5 ficking and Violence Protection Act of 2000 (42 U.S.C. 

6 3796gg–7) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1), by inserting ‘‘(in9 cluding using evidence-based indicators to as10 sess the risk of domestic and dating violence 

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

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

13 service organizations’’ and inserting ‘‘victim 

14 service providers’’; and 

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

16 services organizations’’ and inserting ‘‘victim 

17 service providers’’; 

18 (2) in subsection (c)(1)(D), by striking ‘‘non19 profit and nongovernmental victim services organiza20 tion, such as a State’’ and inserting ‘‘victim service 

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

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

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

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

25 through 2017’’. 


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1 SEC. 204. GRANT FOR TRAINING AND SERVICES TO END VI2 OLENCE AGAINST WOMEN IN LATER LIFE. 

3 Section 40802 of the Violence Against Women Act 

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

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

6 VIOLENCE AGAINST WOMEN IN LATER LIFE. 

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

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

9 that— 

10 ‘‘(A) 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 in later life; 

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

19 ‘‘(vi) a State, tribal, or territorial do20 mestic violence or sexual assault coalition; 

21 and 

22 ‘‘(B) is partnered with— 

23 ‘‘(i) a law enforcement agency; 

24 ‘‘(ii) an office of a prosecutor; 

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


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1 ‘‘(iv) a nonprofit program or govern2 ment agency with demonstrated experience 

3 in assisting individuals in later life. 

4 ‘‘(2) The term ‘elder abuse’ means domestic vi5 olence, dating violence, sexual assault, or stalking 

6 committed against individuals in later life. 

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

8 individual who is 60 years of age or older. 

9 ‘‘(b) GRANT PROGRAM.— 

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

11 General may make grants to eligible entities to carry 

12 out the activities described in paragraph (2). 

13 ‘‘(2) MANDATORY AND PERMISSIBLE ACTIVI14 TIES.— 

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

16 entity receiving a grant under this section shall 

17 use the funds received under the grant to— 

18 ‘‘(i) provide training programs to as19 sist law enforcement agencies, prosecutors, 

20 agencies of States or units of local govern21 ment, population specific organizations, 

22 victim service providers, victim advocates, 

23 and relevant officers in Federal, tribal, 

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1 nizing and addressing instances of elder 

2 abuse; 

3 ‘‘(ii) provide or enhance services for 

4 victims of elder abuse; 

5 ‘‘(iii) establish or support multidisci6 plinary collaborative community responses 

7 to victims of elder abuse; and 

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

9 enforcement agencies, prosecutors, agen10 cies of States or units of local government, 

11 attorneys, health care providers, population 

12 specific organizations, faith-based advo13 cates, victim service providers, and courts 

14 to better serve victims of elder abuse. 

15 ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligi16 ble entity receiving a grant under this section 

17 may use not more than 10 percent of the funds 

18 received under the grant to— 

19 ‘‘(i) provide training programs to as20 sist attorneys, health care providers, faith21 based leaders, or other community-based 

22 organizations in recognizing and address23 ing instances of elder abuse; or 

24 ‘‘(ii) conduct outreach activities and 

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1 tims of elder abuse receive appropriate as2 sistance. 

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

4 grants under this section, the Attorney General shall 

5 give priority to proposals providing culturally spe6 cific or population specific services. 

7 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

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

10 through 2017.’’. 

11 TITLE III—SERVICES, PROTEC12 TION, AND JUSTICE FOR 

13 YOUNG VICTIMS OF VIO14 LENCE 

15 SEC. 301. RAPE PREVENTION AND EDUCATION GRANT. 

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

17 U.S.C. 280b–1b) is amended— 

18 (1) in subsection (a)— 

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

20 by inserting ‘‘, territorial, or tribal’’ after ‘‘cri21 sis centers, State’’; and 

22 (B) in paragraph (6), by inserting ‘‘and al23 cohol’’ after ‘‘about drugs’’; and 

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

25 ‘‘$80,000,000 for each of fiscal years 2007 through 


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1 2011’’ and inserting ‘‘$50,000,000 for each of fiscal 

2 years 2013 through 2017’’. 

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

4 SERVICES, AND EDUCATION FOR CHILDREN 

5 AND YOUTH. 

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

7 Women Act of 1994 (42 U.S.C. 14043c et seq.) is amend8 ed by striking sections 41201 through 41204 and insert9 ing the following: 

10 ‘‘SEC. 41201. CREATING HOPE THROUGH OUTREACH, OP11 TIONS, SERVICES, AND EDUCATION FOR 

12 CHILDREN AND YOUTH (CHOOSE CHILDREN 

13 AND YOUTH). 

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

15 working in collaboration with the Secretary of Health and 

16 Human Services and the Secretary of Education, shall 

17 award grants to enhance the safety of youth and children 

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

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

20 violence. 

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

22 this section may be used for the following program pur23 pose areas: 

24 ‘‘(1) SERVICES TO ADVOCATE FOR AND RE25 SPOND TO YOUTH.—To develop, expand, and 


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1 strengthen victim interventions and services that tar2 get youth who are victims of domestic violence, dat3 ing violence, sexual assault, and stalking. Services 

4 may include victim services, counseling, advocacy, 

5 mentoring, educational support, transportation, legal 

6 assistance in civil, criminal and administrative mat7 ters, such as family law cases, housing cases, child 

8 welfare proceedings, campus administrative pro9 ceedings, and civil protection order proceedings, 

10 services to address population specific services, and 

11 other activities that support youth in finding safety, 

12 stability, and justice and in addressing the emo13 tional, cognitive, and physical effects of trauma on 

14 youth. Funds may be used to— 

15 ‘‘(A) assess and analyze available services 

16 for youth victims of domestic violence, dating 

17 violence, sexual assault, and stalking, deter18 mining relevant barriers to such services in a 

19 particular locality, and developing a community 

20 protocol to address such problems collabo21 ratively; 

22 ‘‘(B) develop and implement policies, prac23 tices, and procedures to effectively respond to 

24 domestic violence, dating violence, sexual as25 sault, or stalking against youth; or 


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1 ‘‘(C) provide technical assistance and 

2 training to enhance the ability of school per3 sonnel, victim service providers, child protective 

4 service workers, staff of law enforcement agen5 cies, prosecutors, court personnel, individuals 

6 who work in after school programs, medical 

7 personnel, social workers, mental health per8 sonnel, and workers in other programs that 

9 serve children and youth to improve their ability 

10 to appropriately respond to the needs of chil11 dren and youth who are victims of domestic vio12 lence, dating violence, sexual assault, and stalk13 ing, as well as homeless youth, and to properly 

14 refer such children, youth, and their families to 

15 appropriate services. 

16 ‘‘(2) SUPPORTING YOUTH THROUGH EDU17 CATION AND PROTECTION.—To enable middle 

18 schools, high schools, and institutions of higher edu19 cation to— 

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

21 including health care providers and security 

22 personnel, on the needs of students who are vic23 tims of domestic violence, dating violence, sex24 ual assault, or stalking; 


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1 ‘‘(B) develop and implement prevention 

2 and intervention policies in middle and high 

3 schools, including appropriate responses to, and 

4 identification and referral procedures for, stu5 dents who are experiencing or perpetrating do6 mestic violence, dating violence, sexual assault, 

7 or stalking, and procedures for handling the re8 quirements of court protective orders issued to 

9 or against students; 

10 ‘‘(C) provide support services for student 

11 victims of domestic violence, dating violence, 

12 sexual assault, or stalking, such as a resource 

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

14 ‘‘(D) provide scientifically valid educational 

15 programming for students regarding domestic 

16 violence, dating violence, sexual assault, and 

17 stalking; or 

18 ‘‘(E) develop strategies to increase identi19 fication, support, referrals, and prevention pro20 gramming for youth who are at high risk of do21 mestic violence, dating violence, sexual assault, 

22 or stalking. 

23 ‘‘(c) ELIGIBLE APPLICANTS.— 

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

25 grant under this section, an entity shall be— 


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1 ‘‘(A) a victim service provider, tribal non2 profit organization, population specific organi3 zation, or community-based organization with a 

4 demonstrated history of effective work address5 ing the needs of youth, including runaway or 

6 homeless youth, who are victims of domestic vi7 olence, dating violence, sexual assault, or stalk8 ing; or 

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

10 partnered with an entity that has a dem11 onstrated history of effective work addressing 

12 the needs of youth. 

13 ‘‘(2) PARTNERSHIPS.— 

14 ‘‘(A) EDUCATION.—To be eligible to re15 ceive a grant for the purposes described in sub16 section (b)(2), an entity described in paragraph 

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

18 tribal, or nationally accredited private middle or 

19 high school, a school administered by the De20 partment of Defense under section 2164 of title 

21 10, United States Code, or section 1402 of the 

22 Defense Dependents’ Education Act of 1978, a 

23 group of such schools, a school district, or an 

24 institution of higher education. 


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1 ‘‘(B) OTHER PARTNERSHIPS.—All appli2 cants under this section are encouraged to work 

3 in partnership with organizations and agencies 

4 that work with the relevant youth population. 

5 Such entities may include— 

6 ‘‘(i) a State, tribe, unit of local gov7 ernment, or territory; 

8 ‘‘(ii) a population specific or commu9 nity-based organization; 

10 ‘‘(iii) batterer intervention programs 

11 or sex offender treatment programs with 

12 specialized knowledge and experience work13 ing with youth offenders; or 

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

15 nongovernmental organizations with the 

16 capacity to provide effective assistance to 

17 the adult, youth, and child victims served 

18 by the partnership. 

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

20 grants under this section shall establish and implement 

21 policies, practices, and procedures that— 

22 ‘‘(1) require and include appropriate referral 

23 systems for child and youth victims; 

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

25 child and youth victim information, particularly in 


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1 the context of parental or third-party involvement 

2 and consent, mandatory reporting duties, and work3 ing with other service providers with priority on vic4 tim safety and autonomy; and 

5 ‘‘(3) ensure that all individuals providing inter6 vention or prevention programming to children or 

7 youth through a program funded under this section 

8 have completed, or will complete, sufficient training 

9 in connection with domestic violence, dating violence, 

10 sexual assault, and stalking. 

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

12 prioritize grant applications under this section that coordi13 nate with prevention programs in the community. 

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

15 section, the definitions and grant conditions provided for 

16 in section 40002 shall apply. 

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

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

19 $15,000,000 for each of the fiscal years 2013 through 

20 2017. 

21 ‘‘(h) 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 (42 U.S.C. 3796gg–10).’’. 

7 (b) VAWA GRANT REQUIREMENTS.—Section 

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

9 U.S.C. 13925(b)), as amended by section 3(b)(4), is fur10 ther amended by adding at the end the following: 

11 ‘‘(14) REQUIREMENT FOR SCIENTIFICALLY

12 VALID PROGRAMS.—Any educational programming, 

13 training, or public awareness communications re14 garding domestic violence, dating violence, sexual as15 sault, or stalking that are funded under this title 

16 must be scientifically valid.’’. 

17 SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES ON CAM18 PUSES. 

19 Section 304 of the Violence Against Women and De20 partment of Justice Reauthorization Act of 2005 (42 

21 U.S.C. 14045b) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1)— 

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

25 on campuses,’’; 


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1 (ii) by striking ‘‘crimes against women 

2 on’’ and inserting ‘‘crimes on’’; and 

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

4 strengthen prevention education and 

5 awareness programs’’ before the period; 

6 and 

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

8 ‘‘$500,000’’ and inserting ‘‘$300,000’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (2)— 

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

12 ‘‘To develop’’; and 

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

14 and inserting ‘‘assault, and stalking, in15 cluding the use of technology to commit 

16 these crimes,’’; 

17 (B) in paragraph (4)— 

18 (i) by inserting ‘‘and population spe19 cific services’’ after ‘‘strengthen victim 

20 services programs’’; 

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

22 and all that follows through ‘‘stalking vic23 tim services programs’’ and inserting ‘‘vic24 tim service providers’’; and 


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1 (iii) by inserting ‘‘, regardless of 

2 whether the services provided by such pro3 gram are provided by the institution or in 

4 coordination with community victim service 

5 providers’’ before the period at the end; 

6 and 

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

8 ‘‘(9) To provide scientifically valid educational 

9 programming for students regarding domestic vio10 lence, dating violence, sexual assault, and stalking. 

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

12 strategies and projects for victims of domestic vio13 lence, dating violence, sexual assault, and stalking 

14 from underserved populations on campus.’’; 

15 (3) in subsection (c)— 

16 (A) in paragraph (2)— 

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

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

19 through ‘‘victim services programs’’ and 

20 inserting ‘‘victim service providers’’; 

21 (ii) by redesignating subparagraphs 

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

23 through (G), respectively; and 

24 (iii) by inserting after subparagraph 

25 (C), the following: 


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1 ‘‘(D) describe how underserved populations 

2 in the campus community will be adequately 

3 served, including the provision of relevant popu4 lation specific services;’’; and 

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

6 through 2011’’ and inserting ‘‘2013 through 

7 2017’’; 

8 (4) in subsection (d)— 

9 (A) by redesignating paragraph (3) as 

10 paragraph (4); and 

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

12 following: 

13 ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.— 

14 Each grantee shall comply with the following min15 imum requirements during the grant period: 

16 ‘‘(A) The grantee shall create a coordi17 nated community response including both orga18 nizations external to the institution and rel19 evant divisions of the institution. 

20 ‘‘(B) The grantee shall establish a manda21 tory prevention and education program on do22 mestic violence, dating violence, sexual assault, 

23 and stalking for all incoming students. 

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

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1 mestic violence, dating violence, sexual assault, 

2 and stalking. 

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

4 of campus disciplinary boards to respond effec5 tively to situations involving domestic violence, 

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

7 and 

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

9 and all that follows through the period and inserting 

10 ‘‘$12,000,000 for each of the fiscal years 2013 

11 through 2017.’’. 

12 SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIO13 LENCE, DATING VIOLENCE, AND STALKING 

14 EDUCATION AND PREVENTION. 

15 (a) IN GENERAL.—Section 485(f) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1092(f)) is amended— 

17 (1) in paragraph (1)(F)— 

18 (A) in clause (i)— 

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

20 ‘‘and’’ after the semicolon; 

21 (ii) by redesignating subclause (IX) as 

22 subclause (XII); and 

23 (iii) by inserting after subclause 

24 (VIII) the following: 

25 ‘‘(IX) domestic violence; 


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1 ‘‘(X) dating violence; 

2 ‘‘(XI) stalking; and’’; and 

3 (B) in clause (ii), by inserting ‘‘national 

4 origin,’’ after ‘‘religion,’’; 

5 (2) in paragraph (3), by inserting ‘‘, that with6 holds the names of victims as confidential,’’ after 

7 ‘‘that is timely’’; 

8 (3) in paragraph (6)(A), by inserting after 

9 clause (iii) the following: 

10 ‘‘(v) The term ‘sexual assault’ means 

11 an offense classified as a forcible or non12 forcible sex offense under the uniform 

13 crime reporting system of the Department 

14 of Justice, Federal Bureau of Investiga15 tion.’’; 

16 (4) in the first sentence of paragraph (7), by 

17 inserting ‘‘, except that for the offenses of domestic 

18 violence, dating violence, and stalking, such statistics 

19 shall be compiled in accordance with the definitions 

20 used in section 40002(a) of the Violence Against 

21 Women Act of 1994 (42 U.S.C. 13925(a))’’ before 

22 the period; 

23 (5) by amending paragraph (8) to read as fol24 lows: 


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1 ‘‘(8)(A) Each institution of higher education 

2 participating in any program under this title or title 

3 IV of the Economic Opportunity Act of 1964, other 

4 than a foreign institution of higher education, shall 

5 develop and distribute as part of the report de6 scribed in paragraph (1) a statement of policy re7 garding— 

8 ‘‘(i) such institution’s programs to prevent 

9 domestic violence, dating violence, sexual as10 sault, and stalking; and 

11 ‘‘(ii) the procedures that such institution 

12 will follow once an incident of domestic violence, 

13 dating violence, sexual assault, or stalking has 

14 been reported. 

15 ‘‘(B) The policy described in subparagraph (A) 

16 shall address the following areas: 

17 ‘‘(i) Possible sanctions or protective meas18 ures that such institution may impose following 

19 a final determination of an institutional discipli20 nary procedure regarding rape, acquaintance 

21 rape, domestic violence, dating violence, sexual 

22 assault, or stalking. 

23 ‘‘(ii) Procedures victims should follow if a 

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1 ing information, provided to students in writ2 ing, about— 

3 ‘‘(I) the importance of preserving evi4 dence that may be necessary to the proof 

5 of criminal domestic violence, dating vio6 lence, sexual assault, or stalking; 

7 ‘‘(II) the importance of obtaining a 

8 protection order; 

9 ‘‘(III) to whom the alleged offense 

10 should be reported; 

11 ‘‘(IV) options regarding the notifica12 tion of law enforcement and campus au13 thorities of such an occurrence, including 

14 the victim’s options to— 

15 ‘‘(aa) notify proper law enforce16 ment authorities, including on-campus 

17 and local police; 

18 ‘‘(bb) be assisted by campus au19 thorities in notifying law enforcement 

20 authorities if the victim so chooses; 

21 and 

22 ‘‘(cc) decline to notify such au23 thorities; and 

24 ‘‘(V) where applicable, the rights of 

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1 tution regarding orders of protection, no 

2 contact orders, restraining orders, and 

3 similar lawful orders issued by a criminal, 

4 civil, or tribal court. 

5 ‘‘(iii) Information about how the institu6 tion will protect the confidentiality of victims, 

7 including how publicly available recordkeeping 

8 will be accomplished without the inclusion of 

9 identifying information about the victim, to the 

10 extent permissible by law. 

11 ‘‘(iv) Notification of students about exist12 ing counseling, health, mental health, victim ad13 vocacy, legal assistance, and other services 

14 available for victims both on-campus and in the 

15 community. 

16 ‘‘(v) Notification of victims about options 

17 for, and available assistance in, changing aca18 demic, living, transportation, and working situ19 ations, if so requested by the victim and if such 

20 accommodations are reasonably available, re21 gardless of whether the victim chooses to report 

22 the crime to campus police or local law enforce23 ment. 

24 ‘‘(C) A student or employee who reports to an 

25 institution of higher education that the student or 


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1 employee has been a victim of domestic violence, dat2 ing violence, sexual assault, or stalking, whether the 

3 offense occurred on or off campus, shall be provided 

4 with a written explanation of the rights and options 

5 of the student or employee, as described in clauses 

6 (ii) through (v) of subparagraph (B).’’; 

7 (6) in paragraph (9), by striking ‘‘The Sec8 retary’’ and inserting ‘‘The Secretary, in consulta9 tion with the Attorney General,’’; 

10 (7) by moving the margins of paragraph (15) 

11 two ems to the left; 

12 (8) by striking paragraph (16) and inserting 

13 the following: 

14 ‘‘(16)(A) The Secretary shall seek the advice 

15 and counsel of the Attorney General concerning the 

16 development, and dissemination to institutions of 

17 higher education, of best practices information about 

18 campus safety and emergencies. 

19 ‘‘(B) The Secretary shall seek the advice and 

20 counsel of the Attorney General and the Secretary of 

21 Health and Human Services concerning the develop22 ment, and dissemination to institutions of higher 

23 education, of best practices information about pre24 venting and responding to incidents of domestic vio25 lence, dating violence, sexual assault, and stalking, 


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1 including elements of institutional policies that have 

2 proven successful based on evidence-based outcome 

3 measurements.’’; and 

4 (9) by striking paragraph (17) and inserting 

5 the following: 

6 ‘‘(17) No officer, employee, or agent of an insti7 tution participating in any program under this title 

8 shall retaliate, intimidate, threaten, coerce, or other9 wise discriminate against any individual for the indi10 vidual exercising any right or responsibility under 

11 any provision of this subsection.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect with respect to each annual 

14 security report under section 485(f)(1) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by 

16 an institution of higher education on or after the date that 

17 is one year after the date of enactment of this Act. 

18 TITLE IV—VIOLENCE 

19 REDUCTION PRACTICES 

20 SEC. 401. STUDY CONDUCTED BY THE CENTERS FOR DIS21 EASE CONTROL AND PREVENTION. 

22 Section 402(c) of the Violence Against Women and 

23 Department of Justice Reauthorization Act of 2005 (42 

24 U.S.C. 280b–4(c)) is amended by striking ‘‘$2,000,000 for 

25 each of the fiscal years 2007 through 2011’’ and inserting 


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

2 2017’’. 

3 SEC. 402. SAVING MONEY AND REDUCING TRAGEDIES 

4 THROUGH PREVENTION GRANTS. 

5 (a) SMART PREVENTION.—Section 41303 of the Vi6 olence Against Women Act of 1994 (42 U.S.C. 14043d– 

7 2) is amended to read as follows: 

8 ‘‘SEC. 41303. SAVING MONEY AND REDUCING TRAGEDIES 

9 THROUGH PREVENTION (SMART PREVEN10 TION). 

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

12 in consultation with the Secretary of Health and Human 

13 Services and the Secretary of Education, is authorized to 

14 award grants for the purpose of preventing domestic vio15 lence, dating violence, sexual assault, and stalking by tak16 ing a comprehensive approach that focuses on youth, chil17 dren exposed to violence, and men as leaders and 

18 influencers of social norms. 

19 ‘‘(b) USE OF FUNDS.—Funds provided under this 

20 section may be used for the following purposes: 

21 ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND

22 PREVENTION.—To develop, maintain, or enhance 

23 programs that change attitudes and behaviors 

24 around the acceptability of domestic violence, dating 

25 violence, sexual assault, and stalking and provide 


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1 education and skills training to young individuals 

2 and individuals who influence young individuals. The 

3 prevention program may use evidence-based, evi4 dence-informed, or innovative strategies and prac5 tices focused on youth. Such a program should in6 clude— 

7 ‘‘(A) scientifically valid age education on 

8 domestic violence, dating violence, sexual as9 sault, stalking, and sexual coercion, as well as 

10 healthy relationship skills, in school, in the com11 munity, or in health care settings; 

12 ‘‘(B) community-based collaboration and 

13 training for those with influence on youth, such 

14 as parents, teachers, coaches, health care pro15 viders, faith-leaders, older teens, and mentors; 

16 ‘‘(C) education and outreach to change en17 vironmental factors contributing to domestic vi18 olence, dating violence, sexual assault, and 

19 stalking; and 

20 ‘‘(D) policy development targeted to pre21 vention, including school-based policies and pro22 tocols. 

23 ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND

24 ABUSE.—To develop, maintain or enhance programs 

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1 lence, dating violence, sexual assault, and stalking 

2 by preventing, reducing and responding to children’s 

3 exposure to violence in the home. Such programs 

4 may include— 

5 ‘‘(A) providing services for children ex6 posed to domestic violence, dating violence, sex7 ual assault or stalking, including direct coun8 seling or advocacy, and support for the non9 abusing parent; and 

10 ‘‘(B) training and coordination for edu11 cational, after-school, and childcare programs 

12 on how to safely and confidentially identify chil13 dren and families experiencing domestic vio14 lence, dating violence, sexual assault, or stalk15 ing and properly refer children exposed and 

16 their families to services and violence prevention 

17 programs. 

18 ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE

19 MODELS.—To develop, maintain or enhance pro20 grams that work with men to prevent domestic vio21 lence, dating violence, sexual assault, and stalking 

22 by helping men to serve as role models and social 

23 influencers of other men and youth at the individual, 

24 school, community or statewide levels. 


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1 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

2 a grant under this section, an entity shall be— 

3 ‘‘(1) a victim service provider, community-based 

4 organization, tribe or tribal organization, or other 

5 nonprofit, nongovernmental organization that has a 

6 history of effective work preventing domestic vio7 lence, dating violence, sexual assault, or stalking and 

8 expertise in the specific area for which they are ap9 plying for funds; or 

10 ‘‘(2) a partnership between a victim service pro11 vider, community-based organization, tribe or tribal 

12 organization, or other nonprofit, nongovernmental 

13 organization that has a history of effective work pre14 venting domestic violence, dating violence, sexual as15 sault, or stalking and at least one of the following 

16 that has expertise in serving children exposed to do17 mestic violence, dating violence, sexual assault, or 

18 stalking, youth domestic violence, dating violence, 

19 sexual assault, or stalking prevention, or engaging 

20 men to prevent domestic violence, dating violence, 

21 sexual assault, or stalking: 

22 ‘‘(A) A public, charter, tribal, or nationally 

23 accredited private middle or high school, a 

24 school administered by the Department of De25 fense under section 2164 of title 10, United 


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1 States Code or section 1402 of the Defense De2 pendents’ Education Act of 1978, a group of 

3 schools, or a school district. 

4 ‘‘(B) A local community-based organiza5 tion, population-specific organization, or faith6 based organization that has established exper7 tise in providing services to youth. 

8 ‘‘(C) A community-based organization, 

9 population-specific organization, university or 

10 health care clinic, faith-based organization, or 

11 other nonprofit, nongovernmental organization. 

12 ‘‘(D) A nonprofit, nongovernmental entity 

13 providing services for runaway or homeless 

14 youth affected by domestic violence, dating vio15 lence, sexual assault, or stalking. 

16 ‘‘(E) Health care entities eligible for reim17 bursement under title XVIII of the Social Secu18 rity Act, including providers that target the 

19 special needs of children and youth. 

20 ‘‘(F) Any other agencies, population-spe21 cific organizations, or nonprofit, nongovern22 mental organizations with the capacity to pro23 vide necessary expertise to meet the goals of the 

24 program. 

25 ‘‘(d) GRANTEE REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—Applicants for grants 

2 under this section shall prepare and submit to the 

3 Director an application at such time, in such man4 ner, and containing such information as the Director 

5 may require that demonstrates the capacity of the 

6 applicant and partnering organizations to undertake 

7 the project. 

8 ‘‘(2) POLICIES AND PROCEDURES.—Applicants 

9 under this section shall establish and implement 

10 policies, practices, and procedures that— 

11 ‘‘(A) include appropriate referral systems 

12 to direct any victim identified during program 

13 activities to highly qualified follow-up care; 

14 ‘‘(B) protect the confidentiality and pri15 vacy of adult and youth victim information, 

16 particularly in the context of parental or third17 party involvement and consent, mandatory re18 porting duties, and working with other service 

19 providers; 

20 ‘‘(C) ensure that all individuals providing 

21 prevention programming through a program 

22 funded under this section have completed or 

23 will complete sufficient training in connection 

24 with domestic violence, dating violence, sexual 

25 assault or stalking; and 


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1 ‘‘(D) document how prevention programs 

2 are coordinated with service programs in the 

3 community. 

4 ‘‘(3) PREFERENCE.—In selecting grant recipi5 ents under this section, the Attorney General shall 

6 give preference to applicants that— 

7 ‘‘(A) include outcome-based evaluation; 

8 and 

9 ‘‘(B) identify any other community, school, 

10 or State-based efforts that are working on do11 mestic violence, dating violence, sexual assault, 

12 or stalking prevention and explain how the 

13 grantee or partnership will add value, coordi14 nate with other programs, and not duplicate ex15 isting efforts. 

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

17 this section, the definitions and grant conditions provided 

18 for in section 40002 shall apply. 

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

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

21 $15,000,000 for each of fiscal years 2013 through 2017. 

22 ‘‘(g) ALLOTMENT.— 

23 ‘‘(1) IN GENERAL.—Not less than 25 percent of 

24 the total amounts appropriated under this section in 

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1 poses described in paragraphs (1), (2), and (3) of 

2 subsection (b). 

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

4 of the total amounts appropriated under this section 

5 in each fiscal year shall be made available for grants 

6 to Indian tribes or tribal organizations.’’. 

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

8 (1) Sections 41304 and 41305 of the Violence 

9 Against Women Act of 1994 (42 U.S.C. 14043d–3 

10 and 14043d–4). 

11 (2) Section 403 of the Violence Against Women 

12 and Department of Justice Reauthorization Act of 

13 2005 (42 U.S.C. 14045c). 


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1 TITLE V—STRENGTHENING THE 

2 HEALTH CARE SYSTEM’S RE3 SPONSE TO DOMESTIC VIO4 LENCE, DATING VIOLENCE, 

5 SEXUAL ASSAULT, AND 

6 STALKING 

7 SEC. 501. CONSOLIDATION OF GRANTS TO STRENGTHEN 

8 THE HEALTH CARE SYSTEM’S RESPONSE TO 

9 DOMESTIC VIOLENCE, DATING VIOLENCE, 

10 SEXUAL ASSAULT, AND STALKING. 

11 (a) GRANTS.—Section 399P of the Public Health 

12 Service Act (42 U.S.C. 280g–4) is amended to read as 

13 follows: 

14 ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE HEALTH CARE 

15 SYSTEM’S RESPONSE TO DOMESTIC VIO16 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

17 AND STALKING. 

18 ‘‘(a) IN GENERAL.—The Secretary shall award 

19 grants for— 

20 ‘‘(1) the development or enhancement and im21 plementation of interdisciplinary training for health 

22 professionals, public health staff, and allied health 

23 professionals; 

24 ‘‘(2) the development or enhancement and im25 plementation of education programs for medical, 


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1 nursing, dental, and other health profession students 

2 and residents to prevent and respond to domestic vi3 olence, dating violence, sexual assault, and stalking; 

4 and 

5 ‘‘(3) the development or enhancement and im6 plementation of comprehensive statewide strategies 

7 to improve the response of clinics, public health fa8 cilities, hospitals, and other health settings (includ9 ing behavioral and mental health programs) to do10 mestic violence, dating violence, sexual assault, and 

11 stalking. 

12 ‘‘(b) USE OF FUNDS.— 

13 ‘‘(1) REQUIRED USES.—Amounts provided 

14 under a grant under this section shall be used to— 

15 ‘‘(A) fund interdisciplinary training and 

16 education programs under paragraphs (1) and 

17 (2) of subsection (a) that— 

18 ‘‘(i) are designed to train medical, 

19 psychology, dental, social work, nursing, 

20 and other health profession students, in21 terns, residents, fellows, or current health 

22 care providers to identify and provide 

23 health care services (including mental or 

24 behavioral health care services and refer25 rals to appropriate community services) to 


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1 individuals who are or who have been vic2 tims of domestic violence, dating violence, 

3 sexual assault, or stalking; and 

4 ‘‘(ii) plan and develop clinical training 

5 components for integration into approved 

6 internship, residency, and fellowship train7 ing or continuing medical or other health 

8 education training that address physical, 

9 mental, and behavioral health issues, in10 cluding protective factors, related to do11 mestic violence, dating violence, sexual as12 sault, stalking, and other forms of violence 

13 and abuse, focus on reducing health dis14 parities and preventing violence and abuse, 

15 and include the primacy of victim safety 

16 and confidentiality; and 

17 ‘‘(B) design and implement comprehensive 

18 strategies to improve the response of the health 

19 care system to domestic or sexual violence in 

20 clinical and public health settings, hospitals, 

21 clinics, and other health settings (including be22 havioral and mental health), under subsection 

23 (a)(3) through— 

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1 dures to guide health professionals and 

2 public health staff in identifying and re3 sponding to domestic violence, dating vio4 lence, sexual assault, and stalking, includ5 ing strategies to ensure that health infor6 mation is maintained in a manner that 

7 protects the patient’s privacy and safety, 

8 and safely uses health information tech9 nology to improve documentation, identi10 fication, assessment, treatment, and follow11 up care; 

12 ‘‘(ii) the development of on-site access 

13 to services to address the safety, medical, 

14 and mental health needs of patients by in15 creasing the capacity of existing health 

16 care professionals and public health staff 

17 to address domestic violence, dating vio18 lence, sexual assault, and stalking, or by 

19 contracting with or hiring domestic or sex20 ual assault advocates to provide such serv21 ices or to model other services appropriate 

22 to the geographic and cultural needs of a 

23 site; 

24 ‘‘(iii) the development of measures 

25 and methods for the evaluation of the 


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1 practice of identification, intervention, and 

2 documentation regarding victims of domes3 tic violence, dating violence, sexual assault, 

4 and stalking, including the development 

5 and testing of quality improvement meas6 urements; and 

7 ‘‘(iv) the provision of training and fol8 lowup technical assistance to health care 

9 professionals, and public health staff, and 

10 allied health professionals to identify, as11 sess, treat, and refer clients who are vic12 tims of domestic violence, dating violence, 

13 sexual assault, or stalking, including using 

14 tools and training materials already devel15 oped. 

16 ‘‘(2) PERMISSIBLE USES.— 

17 ‘‘(A) CHILD AND ELDER ABUSE.—To the 

18 extent consistent with the purpose of this sec19 tion, a grantee may use amounts received under 

20 this section to address, as part of a comprehen21 sive programmatic approach implemented under 

22 the grant, issues relating to child or elder 

23 abuse. 

24 ‘‘(B) RURAL AREAS.—Grants funded 

25 under paragraphs (1) and (2) of subsection (a) 


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1 may be used to offer to rural areas community2 based training opportunities (which may include 

3 the use of distance learning networks and other 

4 available technologies needed to reach isolated 

5 rural areas) for medical, nursing, and other 

6 health profession students and residents on do7 mestic violence, dating violence, sexual assault, 

8 stalking, and, as appropriate, other forms of vi9 olence and abuse. 

10 ‘‘(C) OTHER USES.—Grants funded under 

11 subsection (a)(3) may be used for— 

12 ‘‘(i) the development of training mod13 ules and policies that address the overlap 

14 of child abuse, domestic violence, dating vi15 olence, sexual assault, and stalking and 

16 elder abuse, as well as childhood exposure 

17 to domestic and sexual violence; 

18 ‘‘(ii) the development, expansion, and 

19 implementation of sexual assault forensic 

20 medical examination or sexual assault 

21 nurse examiner programs; 

22 ‘‘(iii) the inclusion of the health ef23 fects of lifetime exposure to violence and 

24 abuse as well as related protective factors 

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1 fessional training schools, including med2 ical, dental, nursing, social work, and men3 tal and behavioral health curricula, and al4 lied health service training courses; or 

5 ‘‘(iv) the integration of knowledge of 

6 domestic violence, dating violence, sexual 

7 assault, and stalking into health care ac8 creditation and professional licensing ex9 aminations, such as medical, dental, social 

10 work, and nursing boards, and where ap11 propriate, other allied health exams. 

12 ‘‘(c) REQUIREMENTS FOR GRANTEES.— 

13 ‘‘(1) CONFIDENTIALITY AND SAFETY.— 

14 ‘‘(A) IN GENERAL.—Grantees under this 

15 section shall ensure that all programs developed 

16 with grant funds address issues of confiden17 tiality and patient safety and comply with appli18 cable confidentiality and nondisclosure require19 ments under section 40002(b)(2) of the Vio20 lence Against Women Act of 1994 and the 

21 Family Violence Prevention and Services Act, 

22 and that faculty and staff associated with deliv23 ering educational components are fully trained 

24 in procedures that will protect the immediate 

25 and ongoing security and confidentiality of the 


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1 patients, patient records, and staff. Such grant2 ees shall consult entities with demonstrated ex3 pertise in the confidentiality and safety needs of 

4 victims of domestic violence, dating violence, 

5 sexual assault, and stalking on the development 

6 and adequacy of confidentially and security pro7 cedures, and provide documentation of such 

8 consultation. 

9 ‘‘(B) ADVANCE NOTICE OF INFORMATION

10 DISCLOSURE.—Grantees under this section shall 

11 provide to patients advance notice about any 

12 circumstances under which information may be 

13 disclosed, such as mandatory reporting laws, 

14 and shall give patients the option to receive in15 formation and referrals without affirmatively 

16 disclosing abuse. 

17 ‘‘(2) LIMITATION ON ADMINISTRATIVE EX18 PENSES.—A grantee shall use not more than 10 per19 cent of the amounts received under a grant under 

20 this section for administrative expenses. 

21 ‘‘(3) PREFERENCE.—In selecting grant recipi22 ents under this section, the Secretary shall give pref23 erence to applicants based on the strength of their 

24 evaluation strategies, with priority given to outcome25 based evaluations. 


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1 ‘‘(4) APPLICATION.— 

2 ‘‘(A) SUBSECTION (a) (1) AND (2) GRANT3 EES.—An entity desiring a grant under para4 graph (1) or (2) of subsection (a) shall submit 

5 an application to the Secretary at such time, in 

6 such manner, and containing such information 

7 and assurances as the Secretary may require, 

8 including— 

9 ‘‘(i) documentation that the applicant 

10 represents a team of entities working col11 laboratively to strengthen the response of 

12 the health care system to domestic vio13 lence, dating violence, sexual assault, or 

14 stalking, and which includes at least one of 

15 each of— 

16 ‘‘(I) an accredited school of 

17 allopathic or osteopathic medicine, 

18 psychology, nursing, dentistry, social 

19 work, or other health field; 

20 ‘‘(II) a health care facility or sys21 tem; or 

22 ‘‘(III) a government or nonprofit 

23 entity with a history of effective work 

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1 ing violence, sexual assault, or stalk2 ing; and 

3 ‘‘(ii) strategies for the dissemination 

4 and sharing of curricula and other edu5 cational materials developed under the 

6 grant, if any, with other interested health 

7 professions schools and national resource 

8 repositories for materials on domestic vio9 lence, dating violence, sexual assault, and 

10 stalking. 

11 ‘‘(B) SUBSECTION (a)(3) GRANTEES.—An 

12 entity desiring a grant under subsection (a)(3) 

13 shall submit an application to the Secretary at 

14 such time, in such manner, and containing such 

15 information and assurances as the Secretary 

16 may require, including— 

17 ‘‘(i) documentation that all training, 

18 education, screening, assessment, services, 

19 treatment, and any other approach to pa20 tient care will be informed by an under21 standing of violence and abuse victimiza22 tion and trauma-specific approaches that 

23 will be integrated into prevention, interven24 tion, and treatment activities; 


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1 ‘‘(ii) strategies for the development 

2 and implementation of policies to prevent 

3 and address domestic violence, dating vio4 lence, sexual assault, and stalking over the 

5 lifespan in health care settings; 

6 ‘‘(iii) a plan for consulting with State 

7 and tribal domestic violence or sexual as8 sault coalitions, national nonprofit victim 

9 advocacy organizations, State or tribal law 

10 enforcement task forces (where appro11 priate), and population-specific organiza12 tions with demonstrated expertise in ad13 dressing domestic violence, dating violence, 

14 sexual assault, or stalking; 

15 ‘‘(iv) with respect to an application 

16 for a grant under which the grantee will 

17 have contact with patients, a plan, devel18 oped in collaboration with local victim serv19 ice providers, to respond appropriately to 

20 and make correct referrals for individuals 

21 who disclose that they are victims of do22 mestic violence, dating violence, sexual as23 sault, stalking, or other types of violence, 

24 and documentation provided by the grantee 


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1 of an ongoing collaborative relationship 

2 with a local victim service provider; and 

3 ‘‘(v) with respect to an application for 

4 a grant proposing to fund a program de5 scribed in subsection (b)(2)(C)(ii), a cer6 tification that any sexual assault forensic 

7 medical examination and sexual assault 

8 nurse examiner programs supported with 

9 such grant funds will adhere to the guide10 lines set forth by the Attorney General. 

11 ‘‘(d) ELIGIBLE ENTITIES.— 

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

13 funding under paragraph (1) or (2) of subsection 

14 (a), an entity shall be— 

15 ‘‘(A) a nonprofit organization with a his16 tory of effective work in the field of training 

17 health professionals with an understanding of, 

18 and clinical skills pertinent to, domestic vio19 lence, dating violence, sexual assault, or stalk20 ing, and lifetime exposure to violence and 

21 abuse; 

22 ‘‘(B) an accredited school of allopathic or 

23 osteopathic medicine, psychology, nursing, den24 tistry, social work, or allied health; 


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1 ‘‘(C) a health care provider membership or 

2 professional organization, or a health care sys3 tem; or 

4 ‘‘(D) a State, tribal, territorial, or local en5 tity. 

6 ‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be eli7 gible to receive funding under subsection (a)(3), an 

8 entity shall be— 

9 ‘‘(A) a State department (or other divi10 sion) of health, a State, tribal, or territorial do11 mestic violence or sexual assault coalition or 

12 victim service provider, or any other nonprofit, 

13 nongovernmental organization with a history of 

14 effective work in the fields of domestic violence, 

15 dating violence, sexual assault, or stalking, and 

16 health care, including physical or mental health 

17 care; or 

18 ‘‘(B) a local victim service provider, a local 

19 department (or other division) of health, a local 

20 health clinic, hospital, or health system, or any 

21 other community-based organization with a his22 tory of effective work in the field of domestic vi23 olence, dating violence, sexual assault, or stalk24 ing and health care, including physical or men25 tal health care. 


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1 ‘‘(e) TECHNICAL ASSISTANCE.— 

2 ‘‘(1) IN GENERAL.—Of the funds made avail3 able to carry out this section for any fiscal year, the 

4 Secretary may make grants or enter into contracts 

5 to provide technical assistance with respect to the 

6 planning, development, and operation of any pro7 gram, activity or service carried out pursuant to this 

8 section. Not more than 8 percent of the funds ap9 propriated under this section in each fiscal year may 

10 be used to fund technical assistance under this sub11 section. 

12 ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec13 retary shall make publicly available materials devel14 oped by grantees under this section, including mate15 rials on training, best practices, and research and 

16 evaluation. 

17 ‘‘(3) REPORTING.—The Secretary shall publish 

18 a biennial report on— 

19 ‘‘(A) the distribution of funds under this 

20 section; and 

21 ‘‘(B) the programs and activities supported 

22 by such funds. 

23 ‘‘(f) RESEARCH AND EVALUATION.— 

24 ‘‘(1) IN GENERAL.—Of the funds made avail25 able to carry out this section for any fiscal year, the 


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1 Secretary may use not more than 20 percent to 

2 make a grant or enter into a contract for research 

3 and evaluation of— 

4 ‘‘(A) grants awarded under this section; 

5 and 

6 ‘‘(B) other training for health professionals 

7 and effective interventions in the health care 

8 setting that prevent domestic violence, dating 

9 violence, and sexual assault across the lifespan, 

10 prevent the health effects of such violence, and 

11 improve the safety and health of individuals 

12 who are currently being victimized. 

13 ‘‘(2) RESEARCH.—Research authorized in para14 graph (1) may include— 

15 ‘‘(A) research on the effects of domestic vi16 olence, dating violence, sexual assault, and 

17 childhood exposure to domestic violence, dating 

18 violence, or sexual assault on health behaviors, 

19 health conditions, and health status of individ20 uals, families, and populations, including under21 served populations; 

22 ‘‘(B) research to determine effective health 

23 care interventions to respond to and prevent do24 mestic violence, dating violence, sexual assault, 

25 and stalking; 


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1 ‘‘(C) research on the impact of domestic, 

2 dating, and sexual violence, childhood exposure 

3 to such violence, and stalking on the health care 

4 system, health care utilization, health care 

5 costs, and health status; and 

6 ‘‘(D) research on the impact of adverse 

7 childhood experiences on adult experience with 

8 domestic violence, dating violence, sexual as9 sault, stalking, and adult health outcomes, in10 cluding how to reduce or prevent the impact of 

11 adverse childhood experiences through the 

12 health care setting. 

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

14 is authorized to be appropriated to carry out this section 

15 $10,000,000 for each of fiscal years 2013 through 2017. 

16 ‘‘(h) DEFINITIONS.—Except as otherwise provided in 

17 this section, the definitions in section 40002 of the Vio18 lence Against Women Act of 1994 apply to this section.’’. 

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

20 (1) Section 40297 of the Violence Against 

21 Women Act of 1994 (42 U.S.C. 13973). 

22 (2) Section 758 of the Public Health Service 

23 Act (42 U.S.C. 294h). 


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1 TITLE VI—SAFE HOMES FOR VIC2 TIMS OF DOMESTIC VIO3 LENCE, DATING VIOLENCE, 

4 SEXUAL ASSAULT, AND 

5 STALKING 

6 SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES7 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

8 ASSAULT, AND STALKING. 

9 (a) AMENDMENT.—Subtitle N of the Violence 

10 Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 

11 is amended— 

12 (1) by inserting after the subtitle heading the 

13 following: 

14 ‘‘CHAPTER 1—GRANT PROGRAMS’’; 

15 (2) in section 41402 (42 U.S.C. 14043e–1), in 

16 the matter preceding paragraph (1), by striking 

17 ‘‘subtitle’’ and inserting ‘‘chapter’’; 

18 (3) in section 41403 (42 U.S.C. 14043e–2), in 

19 the matter preceding paragraph (1), by striking 

20 ‘‘subtitle’’ and inserting ‘‘chapter’’; and 

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


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1 ‘‘CHAPTER 2—HOUSING RIGHTS 

2 ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO3 MESTIC VIOLENCE, DATING VIOLENCE, SEX4 UAL ASSAULT, AND STALKING. 

5 ‘‘(a) DEFINITIONS.—In this chapter: 

6 ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af7 filiated individual’ means, with respect to an indi8 vidual— 

9 ‘‘(A) a spouse, parent, brother, sister, or 

10 child of that individual, or an individual to 

11 whom that individual stands in loco parentis; or 

12 ‘‘(B) any individual, tenant, or lawful occu13 pant living in the household of that individual. 

14 ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro15 priate agency’ means, with respect to a covered 

16 housing program, the Executive department (as de17 fined in section 101 of title 5, United States Code) 

18 that carries out the covered housing program. 

19 ‘‘(3) COVERED HOUSING PROGRAM.—The term 

20 ‘covered housing program’ means— 

21 ‘‘(A) the program under section 202 of the 

22 Housing Act of 1959 (12 U.S.C. 1701q); 

23 ‘‘(B) the program under section 811 of the 

24 Cranston-Gonzalez National Affordable Hous25 ing Act (42 U.S.C. 8013); 


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1 ‘‘(C) the program under subtitle D of title 

2 VIII of the Cranston-Gonzalez National Afford3 able Housing Act (42 U.S.C. 12901 et seq.); 

4 ‘‘(D) each of the programs under title IV 

5 of the McKinney-Vento Homeless Assistance 

6 Act (42 U.S.C. 11360 et seq.); 

7 ‘‘(E) the program under subtitle A of title 

8 II of the Cranston-Gonzalez National Afford9 able Housing Act (42 U.S.C. 12741 et seq.); 

10 ‘‘(F) the program under paragraph (3) of 

11 section 221(d) of the National Housing Act (12 

12 U.S.C. 1715l(d)) for insurance of mortgages 

13 that bear interest at a rate determined under 

14 the proviso under paragraph (5) of such section 

15 221(d); 

16 ‘‘(G) the program under section 236 of the 

17 National Housing Act (12 U.S.C. 1715z–1); 

18 ‘‘(H) the programs under sections 6 and 8 

19 of the United States Housing Act of 1937 (42 

20 U.S.C. 1437d and 1437f); 

21 ‘‘(I) rural housing assistance provided 

22 under sections 514, 515, 516, 533, and 538 of 

23 the Housing Act of 1949 (42 U.S.C. 1484, 

24 1485, 1486, 1490m, and 1490p–2); and 


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1 ‘‘(J) the low-income housing tax credit 

2 program under section 42 of the Internal Rev3 enue Code of 1986. 

4 ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI5 NATION OF ASSISTANCE OR EVICTION.— 

6 ‘‘(1) IN GENERAL.—An applicant for or tenant 

7 of housing assisted under a covered housing program 

8 may not be denied admission to, denied assistance 

9 under, terminated from participation in, or evicted 

10 from the housing program or housing on the basis 

11 that the applicant or tenant is or has been a victim 

12 of domestic violence, dating violence, sexual assault, 

13 or stalking, if the applicant or tenant otherwise 

14 qualifies for admission, assistance, participation, or 

15 occupancy. 

16 ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in17 cident of actual or threatened domestic violence, dat18 ing violence, sexual assault, or stalking shall not be 

19 construed as— 

20 ‘‘(A) a serious or repeated violation of a 

21 lease for housing assisted under a covered hous22 ing program by the victim or threatened victim 

23 of such incident; or 

24 ‘‘(B) good cause for terminating the assist25 ance, tenancy, or occupancy rights to housing 


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1 assisted under a covered housing program of 

2 the victim or threatened victim of such incident. 

3 ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL

4 ACTIVITY.— 

5 ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 

6 AND OCCUPANCY RIGHTS PROHIBITED.—No 

7 person may deny assistance, tenancy, or occu8 pancy rights to housing assisted under a cov9 ered housing program to a tenant solely on the 

10 basis of criminal activity directly relating to do11 mestic violence, dating violence, sexual assault, 

12 or stalking that is engaged in by a member of 

13 the household of the tenant or any guest or 

14 other person under the control of the tenant, if 

15 the tenant or an affiliated individual of the ten16 ant is the victim or threatened victim of such 

17 domestic violence, dating violence, sexual as18 sault, or stalking. 

19 ‘‘(B) BIFURCATION.— 

20 ‘‘(i) IN GENERAL.—Notwithstanding 

21 subparagraph (A), a public housing agency 

22 or owner or manager of housing assisted 

23 under a covered housing program may bi24 furcate a lease for the housing in order to 

25 evict, remove, or terminate assistance to 


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1 any individual who is a tenant or lawful oc2 cupant of the housing and who engages in 

3 criminal activity directly relating to domes4 tic violence, dating violence, sexual assault, 

5 or stalking against an affiliated individual 

6 or other individual, without evicting, re7 moving, terminating assistance to, or oth8 erwise penalizing a victim of such criminal 

9 activity who is also a tenant or lawful oc10 cupant of the housing. 

11 ‘‘(ii) EFFECT OF EVICTION ON OTHER

12 TENANTS.—If a public housing agency or 

13 owner or manager of housing assisted 

14 under a covered housing program evicts, 

15 removes, or terminates assistance to an in16 dividual under clause (i), and the indi17 vidual is the sole tenant eligible to receive 

18 assistance under a covered housing pro19 gram, the public housing agency or owner 

20 or manager of housing assisted under the 

21 covered housing program shall provide any 

22 remaining tenant an opportunity to estab23 lish eligibility for the covered housing pro24 gram. If a tenant described in the pre25 ceding sentence cannot establish eligibility, 


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1 the public housing agency or owner or 

2 manager of the housing shall provide the 

3 tenant a reasonable time, as determined by 

4 the appropriate agency, to find new hous5 ing or to establish eligibility for housing 

6 under another covered housing program. 

7 ‘‘(C) RULES OF CONSTRUCTION.—Nothing 

8 in subparagraph (A) shall be construed— 

9 ‘‘(i) to limit the authority of a public 

10 housing agency or owner or manager of 

11 housing assisted under a covered housing 

12 program, when notified of a court order, to 

13 comply with a court order with respect 

14 to— 

15 ‘‘(I) the rights of access to or 

16 control of property, including civil 

17 protection orders issued to protect a 

18 victim of domestic violence, dating vio19 lence, sexual assault, or stalking; or 

20 ‘‘(II) the distribution or posses21 sion of property among members of a 

22 household in a case; 

23 ‘‘(ii) to limit any otherwise available 

24 authority of a public housing agency or 

25 owner or manager of housing assisted 


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1 under a covered housing program to evict 

2 or terminate assistance to a tenant for any 

3 violation of a lease not premised on the act 

4 of violence in question against the tenant 

5 or an affiliated person of the tenant, if the 

6 public housing agency or owner or man7 ager does not subject an individual who is 

8 or has been a victim of domestic violence, 

9 dating violence, sexual assault, or stalking 

10 to a more demanding standard than other 

11 tenants in determining whether to evict or 

12 terminate; 

13 ‘‘(iii) to limit the authority to termi14 nate assistance to a tenant or evict a ten15 ant from housing assisted under a covered 

16 housing program if a public housing agen17 cy or owner or manager of the housing can 

18 demonstrate that an actual and imminent 

19 threat to other tenants or individuals em20 ployed at or providing service to the prop21 erty would be present if the assistance is 

22 not terminated or the tenant is not evicted; 

23 or 

24 ‘‘(iv) to supersede any provision of 

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1 vides greater protection than this section 

2 for victims of domestic violence, dating vio3 lence, sexual assault, or stalking. 

4 ‘‘(c) DOCUMENTATION.— 

5 ‘‘(1) REQUEST FOR DOCUMENTATION.—If an 

6 applicant for, or tenant of, housing assisted under a 

7 covered housing program represents to a public 

8 housing agency or owner or manager of the housing 

9 that the individual is entitled to protection under 

10 subsection (b), the public housing agency or owner 

11 or manager may request, in writing, that the appli12 cant or tenant submit to the public housing agency 

13 or owner or manager a form of documentation de14 scribed in paragraph (3). 

15 ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 

16 ‘‘(A) IN GENERAL.—If an applicant or ten17 ant does not provide the documentation re18 quested under paragraph (1) within 14 business 

19 days after the tenant receives a request in writ20 ing for such certification from a public housing 

21 agency or owner or manager of housing assisted 

22 under a covered housing program, nothing in 

23 this chapter may be construed to limit the au24 thority of the public housing agency or owner or 

25 manager to— 


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1 ‘‘(i) deny admission by the applicant 

2 or tenant to the covered program; 

3 ‘‘(ii) deny assistance under the cov4 ered program to the applicant or tenant; 

5 ‘‘(iii) terminate the participation of 

6 the applicant or tenant in the covered pro7 gram; or 

8 ‘‘(iv) evict the applicant, the tenant, 

9 or a lawful occupant that commits viola10 tions of a lease. 

11 ‘‘(B) EXTENSION.—A public housing agen12 cy or owner or manager of housing may extend 

13 the 14-day deadline under subparagraph (A) at 

14 its discretion. 

15 ‘‘(3) FORM OF DOCUMENTATION.—A form of 

16 documentation described in this paragraph is— 

17 ‘‘(A) a certification form approved by the 

18 appropriate agency that— 

19 ‘‘(i) states that an applicant or tenant 

20 is a victim of domestic violence, dating vio21 lence, sexual assault, or stalking; 

22 ‘‘(ii) states that the incident of domes23 tic violence, dating violence, sexual assault, 

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1 tion under subsection (b) meets the re2 quirements under subsection (b); and 

3 ‘‘(iii) includes the name of the indi4 vidual who committed the domestic vio5 lence, dating violence, sexual assault, or 

6 stalking, if the name is known and safe to 

7 provide; 

8 ‘‘(B) a document that— 

9 ‘‘(i) is signed by— 

10 ‘‘(I) an employee, agent, or vol11 unteer of a victim service provider, an 

12 attorney, a medical professional, or a 

13 mental health professional from whom 

14 an applicant or tenant has sought as15 sistance relating to domestic violence, 

16 dating violence, sexual assault, or 

17 stalking, or the effects of the abuse; 

18 and 

19 ‘‘(II) the applicant or tenant; and 

20 ‘‘(ii) states under penalty of perjury 

21 that the individual described in clause 

22 (i)(I) believes that the incident of domestic 

23 violence, dating violence, sexual assault, or 

24 stalking that is the ground for protection 


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1 under subsection (b) meets the require2 ments under subsection (b); 

3 ‘‘(C) a record of a Federal, State, tribal, 

4 territorial, or local law enforcement agency, 

5 court, or administrative agency; or 

6 ‘‘(D) at the discretion of a public housing 

7 agency or owner or manager of housing assisted 

8 under a covered housing program, a statement 

9 or other evidence provided by an applicant or 

10 tenant. 

11 ‘‘(4) CONFIDENTIALITY.—Any information sub12 mitted to a public housing agency or owner or man13 ager under this subsection, including the fact that 

14 an individual is a victim of domestic violence, dating 

15 violence, sexual assault, or stalking shall be main16 tained in confidence by the public housing agency or 

17 owner or manager and may not be entered into any 

18 shared database or disclosed to any other entity or 

19 individual, except to the extent that the disclosure 

20 is— 

21 ‘‘(A) requested or consented to by the indi22 vidual in writing; 

23 ‘‘(B) required for use in an eviction pro24 ceeding under subsection (b); or 

25 ‘‘(C) otherwise required by applicable law. 


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1 ‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth2 ing in this subsection shall be construed to require 

3 a public housing agency or owner or manager of 

4 housing assisted under a covered housing program 

5 to request that an individual submit documentation 

6 of the status of the individual as a victim of domes7 tic violence, dating violence, sexual assault, or stalk8 ing. 

9 ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON10 STITUTE EVIDENCE OF UNREASONABLE ACT.—Com11 pliance with subsection (b) by a public housing agen12 cy or owner or manager of housing assisted under 

13 a covered housing program based on documentation 

14 received under this subsection, shall not be sufficient 

15 to constitute evidence of an unreasonable act or 

16 omission by the public housing agency or owner or 

17 manager or an employee or agent of the public hous18 ing agency or owner or manager. Nothing in this 

19 paragraph shall be construed to limit the liability of 

20 a public housing agency or owner or manager of 

21 housing assisted under a covered housing program 

22 for failure to comply with subsection (b). 

23 ‘‘(7) RESPONSE TO CONFLICTING CERTIFI24 CATION.—If a public housing agency or owner or 

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1 ing program receives documentation under this sub2 section that contains conflicting information, the 

3 public housing agency or owner or manager may re4 quire an applicant or tenant to submit third-party 

5 documentation, as described in subparagraph (B), 

6 (C), or (D) of paragraph (3). 

7 ‘‘(8) PREEMPTION.—Nothing in this subsection 

8 shall be construed to supersede any provision of any 

9 Federal, State, or local law that provides greater 

10 protection than this subsection for victims of domes11 tic violence, dating violence, sexual assault, or stalk12 ing. 

13 ‘‘(d) NOTIFICATION.— 

14 ‘‘(1) DEVELOPMENT.—The Secretary of Hous15 ing and Urban Development shall develop a notice of 

16 the rights of individuals under this section, including 

17 the right to confidentiality and the limits thereof. 

18 ‘‘(2) PROVISION.—The applicable public hous19 ing agency or owner or manager of housing assisted 

20 under a covered housing program shall provide the 

21 notice developed under paragraph (1), together with 

22 the form described in subsection (c)(3)(A), to an ap23 plicant for or tenant of housing assisted under a 

24 covered housing program— 


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1 ‘‘(A) at the time the applicant is denied 

2 residency in a dwelling unit assisted under the 

3 covered housing program; 

4 ‘‘(B) at the time the individual is admitted 

5 to a dwelling unit assisted under the covered 

6 housing program; 

7 ‘‘(C) together with any notification of evic8 tion or notification of termination of assistance; 

9 and 

10 ‘‘(D) in multiple languages, consistent with 

11 guidance issued by the Secretary of Housing 

12 and Urban Development in accordance with Ex13 ecutive Order 13166 (42 U.S.C. 2000d–1 note; 

14 relating to access to services for persons with 

15 limited English proficiency). 

16 ‘‘(e) EMERGENCY RELOCATION AND TRANSFERS.— 

17 Each appropriate agency shall develop a model emergency 

18 relocation and transfer plan for voluntary use by public 

19 housing agencies and owners or managers of housing as20 sisted under a covered housing program that— 

21 ‘‘(1) allows tenants who are victims of domestic 

22 violence, dating violence, sexual assault, or stalking 

23 to relocate or transfer to another available and safe 

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1 gram and retain their status as tenants under the 

2 covered housing program if— 

3 ‘‘(A) the tenant expressly requests to 

4 move; 

5 ‘‘(B)(i) the tenant reasonably believes that 

6 the tenant is threatened with imminent harm 

7 from further violence if the tenant remains 

8 within the same dwelling unit assisted under a 

9 covered housing program; or 

10 ‘‘(ii) the sexual assault, domestic violence, 

11 dating violence, or stalking occurred on the 

12 premises during the 90-day period preceding 

13 the request to move; and 

14 ‘‘(C) the tenant has provided documenta15 tion as described in subparagraph (A), (B), (C) 

16 or (D) of subsection (c)(3) if requested by a 

17 public housing agency or owner or manager; 

18 ‘‘(2) incorporates reasonable confidentiality 

19 measures to ensure that the public housing agency 

20 or owner or manager does not disclose the location 

21 of the dwelling unit of a tenant to a person that 

22 commits an act of domestic violence, dating violence, 

23 sexual assault, or stalking against the tenant; 


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1 ‘‘(3) describes how the appropriate agency will 

2 coordinate relocations or transfers between dwelling 

3 units assisted under a covered housing program; 

4 ‘‘(4) takes into consideration the existing rules 

5 and regulations of the covered housing program; 

6 ‘‘(5) is tailored to the specific type of the cov7 ered housing program based on the volume and 

8 availability of dwelling units under the control or 

9 management of the public housing agency, owner, or 

10 manager; and 

11 ‘‘(6) provides guidance for use in situations in 

12 which it is not feasible for an individual public hous13 ing agency, owner, or manager to effectuate a trans14 fer. 

15 ‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY

16 TRANSFER.—The Secretary of Housing and Urban Devel17 opment shall establish policies and procedures under 

18 which a victim requesting an emergency transfer under 

19 subsection (e) may receive, subject to the availability of 

20 tenant protection vouchers for assistance under section 

21 8(o)(16) of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f(o)(16)), assistance under such section. 

23 ‘‘(g) IMPLEMENTATION.—The appropriate agency 

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1 ment this section, as this section applies to the covered 

2 housing program.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) SECTION 6.—Section 6 of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437d) is amend6 ed— 

7 (A) in subsection (c)— 

8 (i) by striking paragraph (3); and 

9 (ii) by redesignating paragraphs (4) 

10 and (5) as paragraphs (3) and (4), respec11 tively; 

12 (B) in subsection (l)— 

13 (i) in paragraph (5), by striking ‘‘, 

14 and that an incident’’ and all that follows 

15 through ‘‘victim of such violence’’; and 

16 (ii) in paragraph (6), by striking ‘‘; 

17 except that’’ and all that follows through 

18 ‘‘stalking.’’; and 

19 (C) by striking subsection (u). 

20 (2) SECTION 8.—Section 8 of the United States 

21 Housing Act of 1937 (42 U.S.C. 1437f) is amend22 ed— 

23 (A) in subsection (c), by striking para24 graph (9); 

25 (B) in subsection (d)(1)— 


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

2 ‘‘and that an applicant’’ and all that fol3 lows through ‘‘assistance or admission’’; 

4 and 

5 (ii) in subparagraph (B)— 

6 (I) in clause (ii), by striking ‘‘, 

7 and that an incident’’ and all that fol8 lows through ‘‘victim of such vio9 lence’’; and 

10 (II) in clause (iii), by striking ‘‘, 

11 except that:’’ and all that follows 

12 through ‘‘stalking.’’; 

13 (C) in subsection (f)— 

14 (i) in paragraph (6), by adding ‘‘and’’ 

15 at the end; 

16 (ii) in paragraph (7), by striking the 

17 semicolon at the end and inserting a pe18 riod; and 

19 (iii) by striking paragraphs (8), (9), 

20 (10), and (11); 

21 (D) in subsection (o)— 

22 (i) in paragraph (6)(B), by striking 

23 the last sentence; 

24 (ii) in paragraph (7)— 


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1 (I) in subparagraph (C), by strik2 ing ‘‘and that an incident’’ and all 

3 that follows through ‘‘victim of such 

4 violence’’; and 

5 (II) in subparagraph (D), by 

6 striking ‘‘; except that’’ and all that 

7 follows through ‘‘stalking.’’; and 

8 (iii) by striking paragraph (20); and 

9 (E) by striking subsection (ee). 

10 (3) RULE OF CONSTRUCTION.—Nothing in this 

11 Act, or the amendments made by this Act, shall be 

12 construed— 

13 (A) to limit the rights or remedies avail14 able to any person under section 6 or 8 of the 

15 United States Housing Act of 1937 (42 U.S.C. 

16 1437d and 1437f), as in effect on the day be17 fore the date of enactment of this Act; 

18 (B) to limit any right, remedy, or proce19 dure otherwise available under any provision of 

20 part 5, 91, 880, 882, 883, 884, 886, 891, 903, 

21 960, 966, 982, or 983 of title 24, Code of Fed22 eral Regulations, that— 

23 (i) was issued under the Violence 

24 Against Women and Department of Jus25 tice Reauthorization Act of 2005 (Public 


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1 Law 109–162; 119 Stat. 2960) or an 

2 amendment made by that Act; and 

3 (ii) provides greater protection for vic4 tims of domestic violence, dating violence, 

5 sexual assault, and stalking than this Act 

6 or the amendments made by this Act; or 

7 (C) to disqualify an owner, manager, or 

8 other individual from participating in or receiv9 ing the benefits of the low-income housing tax 

10 credit program under section 42 of the Internal 

11 Revenue Code of 1986 because of noncompli12 ance with the provisions of this Act or the 

13 amendments made by this Act. 

14 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

15 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT16 ING VIOLENCE, SEXUAL ASSAULT, AND 

17 STALKING. 

18 (a) AMENDMENTS.—Chapter 11 of subtitle B of the 

19 Violence Against Women Act of 1994 (42 U.S.C. 13975; 

20 as added by section 611 of Public Law 108–21 (117 Stat. 

21 693)) is amended— 

22 (1) in the chapter heading, by striking 

23 ‘‘CHILD VICTIMS OF DOMESTIC VIO24 LENCE, STALKING, OR SEXUAL AS25 SAULT’’ and inserting ‘‘VICTIMS OF DOVerDate Mar 15 2010 22:33 May 02, 2012 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.IH H4970

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1 MESTIC VIOLENCE, DATING VIO2 LENCE, SEXUAL ASSAULT, OR STALK3 ING’’; and 

4 (2) in section 40299 (42 U.S.C. 13975)— 

5 (A) in the header, by striking ‘‘CHILD

6 VICTIMS OF DOMESTIC VIOLENCE, STALK7 ING, OR SEXUAL ASSAULT’’ and inserting 

8 ‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT9 ING VIOLENCE, SEXUAL ASSAULT, OR

10 STALKING’’; 

11 (B) in subsection (a)(1), by striking ‘‘flee12 ing’’; and 

13 (C) in subsection (g)— 

14 (i) in paragraph (1), by striking 

15 ‘‘$40,000,000 for each of fiscal years 2007 

16 through 2011’’ and inserting ‘‘$35,000,000 

17 for each of fiscal years 2013 through 

18 2017’’; and 

19 (ii) in paragraph (3)— 

20 (I) in subparagraph (A), by strik21 ing ‘‘eligible’’ and inserting ‘‘quali22 fied’’; and 

23 (II) by adding at the end the fol24 lowing: 


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1 ‘‘(D) QUALIFIED APPLICATION DE2 FINED.—In this paragraph, the term ‘qualified 

3 application’ means an application that— 

4 ‘‘(i) has been submitted by an eligible 

5 applicant; 

6 ‘‘(ii) does not propose any significant 

7 activities that may compromise victim safe8 ty; 

9 ‘‘(iii) reflects an understanding of the 

10 dynamics of domestic violence, dating vio11 lence, sexual assault, or stalking; and 

12 ‘‘(iv) does not propose prohibited ac13 tivities, including mandatory services for 

14 victims, background checks of victims, or 

15 clinical evaluations to determine eligibility 

16 for services.’’. 

17 (b) TECHNICAL CORRECTION.—Chapter 11 of sub18 title B of the Violence Against Women Act of 1994 (relat19 ing to research on effective interventions to address vio20 lence; 42 U.S.C. 13973; as added by section 505 of Public 

21 Law 109–162 (119 Stat. 3028)), and section 40297 of 

22 such chapter (42 U.S.C. 13973), are hereby redesignated 

23 as chapter 12 and section 40299A, respectively. 


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1 SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

2 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

3 SEXUAL ASSAULT, AND STALKING. 

4 Subtitle N of the Violence Against Women Act of 

5 1994 (42 U.S.C. 14043e et seq.) is amended— 

6 (1) in section 41404(i) (42 U.S.C. 14043e– 

7 3(i)), by striking ‘‘$10,000,000 for each of fiscal 

8 years 2007 through 2011’’ and inserting 

9 ‘‘$4,000,000 for each of fiscal years 2013 through 

10 2017’’; and 

11 (2) in section 41405(g) (42 U.S.C. 14043e– 

12 4(g)), by striking ‘‘$10,000,000 for each of fiscal 

13 years 2007 through 2011’’ and inserting 

14 ‘‘$4,000,000 for each of fiscal years 2013 through 

15 2017’’. 

16 TITLE VII—ECONOMIC SECURITY 

17 FOR VICTIMS OF VIOLENCE 

18 SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 

19 RESPONSES TO ASSIST VICTIMS OF DOMES20 TIC AND SEXUAL VIOLENCE. 

21 Section 41501(e) of the Violence Against Women Act 

22 of 1994 (42 U.S.C. 14043f(e)) is amended by striking 

23 ‘‘fiscal years 2007 through 2011’’ and inserting ‘‘fiscal 

24 years 2013 through 2017’’. 


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1 TITLE VIII—IMMIGRATION 

2 PROVISIONS 

3 SEC. 801. FRAUD PREVENTION INITIATIVES. 

4 (a) CREDIBLE EVIDENCE CONSIDERED.—Section 

5 240A(b)(2) of the Immigration and Nationality Act (8 

6 U.S.C. 1229b) is amended by striking subparagraph (D) 

7 and inserting the following: 

8 ‘‘(D) CREDIBLE EVIDENCE CONSID9 ERED.—In adjudicating applications under this 

10 paragraph, the Secretary of Homeland Security 

11 shall consider any credible evidence relevant to 

12 the application, including credible evidence sub13 mitted by a national of the United States or an 

14 alien lawfully admitted for permanent residence 

15 accused of the conduct described in subpara16 graph (A)(i).’’. 

17 (b) APPLICATION OF SPECIAL RULE FOR BATTERED

18 SPOUSE, PARENT, OR CHILD.—Section 204(a)(1) of the 

19 Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) 

20 is amended— 

21 (1) in subparagraph (A)(iii), by inserting after 

22 subclause (II) the following: 

23 ‘‘(III)(aa) Upon filing, each peti24 tion under this clause shall be trans25 ferred to a local service center of 


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1 United States Citizenship and Immi2 gration Services and assigned to an 

3 investigative officer for adjudication 

4 and final determination of eligibility. 

5 ‘‘(bb) During the adjudication of 

6 each petition under this paragraph, an 

7 investigative officer from a local serv8 ice center of United States Citizenship 

9 and Immigration Services shall con10 duct an in-person interview of the 

11 alien who filed the petition. The inves12 tigative officer may also gather other 

13 evidence and interview other wit14 nesses, including the accused United 

15 States citizen or lawful permanent 

16 resident, if they consent to be inter17 viewed. 

18 ‘‘(cc) All interviews under this 

19 clause shall be conducted under oath 

20 and subject to applicable penalties for 

21 perjury. 

22 ‘‘(dd) Upon the conclusion of the 

23 adjudication process under this sub24 paragraph, the investigative officer 

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1 tion to approve or deny the petition. 

2 The investigative officer shall not ap3 prove the petition unless the officer 

4 finds, in writing and with particu5 larity, that all requirements under 

6 this paragraph, including proof that 

7 the alien is a victim of the conduct de8 scribed in clause (iii)(I)(bb), have 

9 been proven by clear and convincing 

10 evidence. 

11 ‘‘(IV) During the adjudication of 

12 a petition under this clause— 

13 ‘‘(aa) the petition shall not 

14 be granted unless the petition is 

15 supported by clear and con16 vincing evidence; and 

17 ‘‘(bb) all credible evidence 

18 submitted by an accused national 

19 of the United States or alien law20 fully admitted for permanent res21 idence shall be considered. 

22 ‘‘(V)(aa) During the adjudication 

23 of a petition under this paragraph, 

24 the investigative officer at the local 

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1 zenship and Immigration Services 

2 shall determine whether any Federal, 

3 State, territorial, tribal, or local law 

4 enforcement agency has undertaken 

5 an investigation or prosecution of the 

6 abusive conduct alleged by the peti7 tioning alien. 

8 ‘‘(bb) If an investigation or pros9 ecution was commenced, the investiga10 tive officer shall— 

11 ‘‘(AA) obtain as much infor12 mation as possible about the in13 vestigation or prosecution; and 

14 ‘‘(BB) consider that infor15 mation as part of the adjudica16 tion of the petition. 

17 ‘‘(cc) If an investigation or pros18 ecution is pending, the adjudication of 

19 the petition shall be stayed pending 

20 the conclusion of the investigation or 

21 prosecution. If no investigation has 

22 been undertaken or if a prosecutor’s 

23 office has not commenced a prosecu24 tion after the matter was referred to 

25 it, that fact shall be considered by the 


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1 investigative officer as part of the ad2 judication of the petition. 

3 ‘‘(VI)(aa) If an investigative offi4 cer makes a written finding that the 

5 petitioning alien made a material mis6 representation on a petition, during 

7 an interview, or during any other as8 pect of the adjudication— 

9 ‘‘(AA) the alien’s petition 

10 shall be denied and the alien 

11 shall be removed from the coun12 try on an expedited basis; 

13 ‘‘(BB) the alien shall be per14 manently ineligible for any lawful 

15 immigration status or benefits; 

16 ‘‘(CC) any public assistance 

17 or other public benefits received 

18 by the alien or the alien’s bene19 ficiaries shall be immediately dis20 continued; and 

21 ‘‘(DD) the alien and the 

22 alien’s beneficiaries shall not be 

23 eligible for any programs or ini24 tiatives undertaken by the De25 partment of Homeland Security 


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1 or any other agency or depart2 ment to delay or exempt removal, 

3 including deferred action. 

4 ‘‘(bb) Upon receiving any evi5 dence of any material misrepresenta6 tion on a petition, during an inter7 view, or during any other aspect of 

8 the adjudication, the appropriate offi9 cer of United States Citizenship and 

10 Immigration Services and the Sec11 retary of Homeland Security shall— 

12 ‘‘(AA) deny the petition and 

13 process the alien for expedited re14 moval, pursuant to item 

15 (aa)(AA); and 

16 ‘‘(BB) refer the matter and 

17 all evidence to the Federal Bu18 reau of Investigation for a crimi19 nal investigation. 

20 ‘‘(VII) If a petition filed under 

21 this paragraph is denied, any obliga22 tions under an underlying affidavit of 

23 support previously filed by the ac24 cused national of the United States or 


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1 alien lawfully admitted for permanent 

2 residence shall be terminated.’’; 

3 (2) in subparagraph (A)(iv), by adding at the 

4 end the following: ‘‘The petition shall be adjudicated 

5 according to the procedures that apply to self-peti6 tioners under clause (iii).’’; 

7 (3) in subparagraph (A)(vii), by adding at the 

8 end the following: ‘‘The petition shall be adjudicated 

9 according to the procedures that apply to self-peti10 tioners under clause (iii).’’; 

11 (4) in subparagraph (B)(ii), by inserting after 

12 subclause (II) the following: 

13 ‘‘(III)(aa) Upon filing, each peti14 tion under this clause shall be trans15 ferred to a local service center of 

16 United States Citizenship and Immi17 gration Services and assigned to an 

18 investigative officer for adjudication 

19 and final determination of eligibility. 

20 ‘‘(bb) During the adjudication of 

21 each petition under this paragraph, an 

22 investigative officer from a local serv23 ice center of United States Citizenship 

24 and Immigration Services shall con25 duct an in-person interview of the 


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1 alien who filed the petition. The inves2 tigative officer may also gather other 

3 evidence and interview other wit4 nesses, including the accused United 

5 States citizen or lawful permanent 

6 resident, if they consent to be inter7 viewed. 

8 ‘‘(cc) All interviews under this 

9 clause shall be conducted under oath 

10 and subject to applicable penalties for 

11 perjury. 

12 ‘‘(dd) Upon the conclusion of the 

13 adjudication process under this sub14 paragraph, the investigative officer 

15 shall issue a final written determina16 tion to approve or deny the petition. 

17 The investigative officer shall not ap18 prove the petition unless the officer 

19 finds, in writing and with particu20 larity, that all requirements under 

21 this paragraph, including proof that 

22 the alien is a victim of the conduct de23 scribed in clause (ii)(I)(bb), have been 

24 proven by clear and convincing evi25 dence. 


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1 ‘‘(IV) During the adjudication of 

2 a petition under this clause— 

3 ‘‘(aa) the petition shall not 

4 be granted unless the petition is 

5 supported by clear and con6 vincing evidence; and 

7 ‘‘(bb) all credible evidence 

8 submitted by an accused national 

9 of the United States or alien law10 fully admitted for permanent res11 idence shall be considered. 

12 ‘‘(V)(aa) During the adjudication 

13 of a petition under this clause, the in14 vestigative officer at the local service 

15 center of United States Citizenship 

16 and Immigration Services shall deter17 mine whether any Federal, State, ter18 ritorial, tribal, or local law enforce19 ment agency has undertaken an inves20 tigation or prosecution of the abusive 

21 conduct alleged by the petitioning 

22 alien. 

23 ‘‘(bb) If an investigation or pros24 ecution was commenced, the investiga25 tive officer shall— 


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1 ‘‘(AA) obtain as much infor2 mation as possible about the in3 vestigation or prosecution; and 

4 ‘‘(BB) consider that infor5 mation as part of the adjudica6 tion of the petition. 

7 ‘‘(cc) If an investigation or pros8 ecution is pending, the adjudication of 

9 the petition shall be stayed pending 

10 the conclusion of the investigation or 

11 prosecution. If no investigation has 

12 been undertaken or if a prosecutor’s 

13 office has not commenced a prosecu14 tion after the matter was referred to 

15 it, that fact shall be considered by the 

16 investigative officer as part of the ad17 judication of the petition. 

18 ‘‘(VI)(aa) If an investigative offi19 cer makes a written finding that the 

20 petitioning alien made a material mis21 representation on a petition, during 

22 an interview, or during any other as23 pect of the adjudication— 

24 ‘‘(AA) the alien’s petition 

25 shall be denied and the alien 


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1 shall be removed from the coun2 try on an expedited basis; 

3 ‘‘(BB) the alien shall be per4 manently ineligible for any lawful 

5 immigration status or benefits; 

6 ‘‘(CC) any public assistance 

7 or other public benefits received 

8 by the alien or the alien’s bene9 ficiaries shall be immediately dis10 continued; and 

11 ‘‘(DD) the alien and the 

12 alien’s beneficiaries shall not be 

13 eligible for any programs or ini14 tiatives undertaken by the De15 partment of Homeland Security 

16 or any other agency or depart17 ment to delay or exempt removal, 

18 including deferred action. 

19 ‘‘(bb) Upon receiving any evi20 dence of any material misrepresenta21 tion on a petition, during an inter22 view, or during any other aspect of 

23 the adjudication, the appropriate offi24 cer of United States Citizenship and 


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1 Immigration Services and the Sec2 retary of Homeland Security shall— 

3 ‘‘(AA) deny the petition and 

4 process the alien for expedited re5 moval, pursuant to subclause 

6 (VI)(aa)(AA); and 

7 ‘‘(BB) refer the matter and 

8 all evidence to the Federal Bu9 reau of Investigation for a crimi10 nal investigation. 

11 ‘‘(VII) If a petition filed under 

12 this clause is denied, any obligations 

13 under an underlying affidavit of sup14 port previously filed by the accused 

15 national of the United States or alien 

16 lawfully admitted for permanent resi17 dence shall be terminated.’’; and 

18 (5) in subparagraph (B)(iii), by adding at the 

19 end the following: ‘‘The petition shall be adjudicated 

20 according to the procedures that apply to self-peti21 tioners under clause (ii).’’. 

22 SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLI23 CABLE TO U VISAS. 

24 Section 214(p)(1) of the Immigration and Nationality 

25 Act (8 U.S.C. 1184(p)(1)) is amended as follows: 


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1 (1) By striking ‘‘The petition’’ and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.—The petition’’. 

4 (2) By adding at the end the following: 

5 ‘‘(B) CERTIFICATION REQUIREMENTS.— 

6 Each certification submitted under subpara7 graph (A) shall confirm under oath that— 

8 ‘‘(i) the petitioner reported the crimi9 nal activity to a law enforcement agency 

10 within 60 days of its occurrence; 

11 ‘‘(ii) the statute of limitations for 

12 prosecuting an offense based on the crimi13 nal activity has not lapsed; 

14 ‘‘(iii) the criminal activity is actively 

15 under investigation or a prosecution has 

16 been commenced; and 

17 ‘‘(iv) the petitioner has provided to 

18 law enforcement information that will as19 sist in identifying the perpetrator of the 

20 criminal activity or the perpetrator’s iden21 tity is known. 

22 ‘‘(C) REQUIREMENT FOR CERTIFI23 CATION.—No application for a visa under sec24 tion 101(a)(15)(U) may be granted unless acVerDate Mar 15 2010 22:33 May 02, 2012 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H4970.IH H4970

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1 companied by the certification as described in 

2 this paragraph.’’. 

3 SEC. 803. PROTECTIONS FOR A FIANCE ́ E OR FIANCE ́ OF A 

4 CITIZEN. 

5 (a) IN GENERAL.—Section 214 of the Immigration 

6 and Naturalization Act (8 U.S.C. 1184) is amended— 

7 (1) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘crime.’’ 

9 and inserting ‘‘crime described in paragraph 

10 (3)(B) and information on any permanent pro11 tection or restraining order issued against the 

12 petitioner related to any specified crime de13 scribed in paragraph (3)(B)(i).’’; and 

14 (B) in paragraph (3)(B)(i), by striking 

15 ‘‘abuse, and stalking.’’ And inserting ‘‘abuse, 

16 stalking, or an attempt to commit any such 

17 crime.’’; and 

18 (2) in subsection (r)— 

19 (A) in paragraph (1), by striking ‘‘crime.’’ 

20 and inserting ‘‘crime described in paragraph 

21 (5)(B) and information on any permanent pro22 tection or restraining order issued against the 

23 petitioner related to any specified crime de24 scribed in subsection (5)(B)(i).’’; and 


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1 (B) in paragraph (5)(B)(i), by striking 

2 ‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 

3 stalking, or an attempt to commit any such 

4 crime.’’. 

5 (b) PROVISION OF INFORMATION TO K NON6 IMMIGRANTS.—Section 883 of the International Marriage 

7 Broker Regulation Act of 2005 (8 U.S.C. 1375a) is 

8 amended in subsection (b)(1)(A), by striking ‘‘or’’ after 

9 ‘‘orders’’ and inserting ‘‘and’’. 

10 SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE 

11 BROKERS. 

12 (a) IMPLEMENTATION OF THE INTERNATIONAL MAR13 RIAGE BROKER ACT OF 2005.—Not later than 90 days 

14 after the date of the enactment of this Act, the Attorney 

15 General shall submit to Congress a report that includes 

16 the name of the component of the Department of Justice 

17 responsible for prosecuting violations of the International 

18 Marriage Broker Act of 2005 (subtitle D of Public Law 

19 109–162; 119 Stat. 3066) and the amendments made by 

20 this title. 

21 (b) REGULATION OF INTERNATIONAL MARRIAGE

22 BROKERS.—Section 833(d) of the International Marriage 

23 Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 

24 amended as follows: 


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1 (1) By amending paragraph (1) to read as fol2 lows: 

3 ‘‘(1) PROHIBITION ON MARKETING OF OR TO

4 CHILDREN.— 

5 ‘‘(A) IN GENERAL.—An international mar6 riage broker shall not provide any individual or 

7 entity with personal contact information, photo8 graph, or general information about the back9 ground or interests of any individual under the 

10 age of 18. 

11 ‘‘(B) COMPLIANCE.—To comply with the 

12 requirements of subparagraph (A), an inter13 national marriage broker shall— 

14 ‘‘(i) obtain a valid copy of each for15 eign national client’s birth certificate or 

16 other proof of age document issued by an 

17 appropriate government entity; 

18 ‘‘(ii) indicate on such certificate or 

19 document the date it was received by the 

20 international marriage broker; 

21 ‘‘(iii) retain the original of such cer22 tificate or document for 5 years after such 

23 date of receipt; and 

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1 thority charged with the enforcement of 

2 this paragraph.’’. 

3 (2) In paragraph (2)(B)(ii), by striking ‘‘or 

4 stalking.’’ and inserting ‘‘stalking, or an attempt to 

5 commit any such crime.’’. 

6 SEC. 805. GAO REPORT. 

7 (a) REQUIREMENT FOR REPORT.—Not later than 1 

8 year after the date of the enactment of this Act, the Comp9 troller General of the United States shall submit to the 

10 Committee on the Judiciary of the Senate and the Com11 mittee on the Judiciary of the House of Representatives 

12 a report regarding the adjudication of petitions and appli13 cations under section 101(a)(15)(U) of the Immigration 

14 and Nationality Act (8 U.S.C. 1101(a)(15)(U)) and the 

15 self-petitioning process for VAWA self-petitioners (as that 

16 term is defined in section 101(a)(51) of the Immigration 

17 and Nationality Act (8 U.S.C. 1101(a)(51)). 

18 (b) CONTENTS.—The report required by subsection 

19 (a) shall— 

20 (1) assess the efficiency and reliability of the 

21 process for reviewing such petitions and applications, 

22 including whether the process includes adequate 

23 safeguards against fraud and abuse; and 


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1 (2) identify possible improvements to the adju2 dications of petitions and applications in order to re3 duce fraud and abuse. 

4 SEC. 806. TEMPORARY NATURE OF U VISA STATUS. 

5 (a) IN GENERAL.—Section 245 of the Immigration 

6 and Nationality Act (8 U.S.C. 1255) is amended by strik7 ing subsection (m). 

8 (b) DURATION OF NONIMMIGRANT STATUS.—Section 

9 214(p)(6) of such Act (8 U.S.C. 1184(p)(6)) is amended 

10 by striking ‘‘Such alien’s nonimmigrant status shall be ex11 tended beyond the 4-year period authorized under this sec12 tion if the alien is eligible for relief under section 245(m) 

13 and is unable to obtain such relief because regulations 

14 have not been issued to implement such section and shall 

15 be extended during the pendency of an application for ad16 justment of status under section 245(m).’’. 

17 (c) SURVIVING RELATIVE CONSIDERATION FOR CER18 TAIN PETITIONS AND APPLICATIONS.—Section 

19 204(l)(2)(E) of such Act (8 U.S.C. 1154(l)(2)(E)) is 

20 amended by striking ‘‘or in ‘U’ nonimmigrant status as 

21 described in section 101(a)(15)(U)(ii);’’ and inserting a 

22 semicolon. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to applications for adjustment of 

25 status submitted on or after the date of the enactment 


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1 of this Act, and to previously filed applications that are 

2 pending on the date of enactment of this Act. 

3 SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICA4 TIONS MADE BY VICTIMS OF ABUSE. 

5 Not later than December 1, 2012, and annually 

6 thereafter, the Secretary of Homeland Security shall sub7 mit to the Committee on the Judiciary of the Senate and 

8 the Committee on the Judiciary of the House of Rep9 resentatives a report that includes the following: 

10 (1) The number of aliens who— 

11 (A) submitted an application for non12 immigrant status under paragraph (15)(T)(i), 

13 (15)(U)(i), or (51) of section 101(a) of the Im14 migration and Nationality Act (8 U.S.C. 

15 1101(a)) during the preceding fiscal year; 

16 (B) were granted such nonimmigrant sta17 tus during such fiscal year; or 

18 (C) were denied such nonimmigrant status 

19 during such fiscal year. 

20 (2) The mean amount of time and median 

21 amount of time to adjudicate an application for such 

22 nonimmigrant status during such fiscal year. 

23 (3) The mean amount of time and median 

24 amount of time between the receipt of an application 

25 for such nonimmigrant status and the issuance of 


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1 work authorization to an eligible applicant during 

2 the preceding fiscal year. 

3 (4) The number of aliens granted continued 

4 presence in the United States under section 

5 107(c)(3) of the Trafficking Victims Protection Act 

6 of 2000 (22 U.S.C. 7105(c)(3)) during the pre7 ceding fiscal year. 

8 (5) A description of any actions being taken to 

9 reduce the adjudication and processing time, while 

10 ensuring the safe and competent processing, of an 

11 application described in paragraph (1) or a request 

12 for continued presence referred to in paragraph (4). 

13 (6) The actions being taken to combat fraud 

14 and to ensure program integrity. 

15 SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PE16 TITIONERS. 

17 Section 204(l)(2) of the Immigration and Nationality 

18 Act (8 U.S.C. 1154(l)(2)) is amended— 

19 (1) in subparagraph (E), by striking ‘‘or’’ at 

20 the end; 

21 (2) by redesignating subparagraph (F) as sub22 paragraph (G); and 

23 (3) by inserting after subparagraph (E) the fol24 lowing: 


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1 ‘‘(F) a child of an alien who filed a pend2 ing or approved petition for classification or ap3 plication for adjustment of status or other ben4 efit specified in section 101(a)(51) as a VAWA 

5 self-petitioner; or’’. 

6 SEC. 809. PUBLIC CHARGE. 

7 Section 212(a)(4) of the Immigration and Nationality 

8 Act (8 U.S.C. 1182(a)(4)) is amended by adding at the 

9 end the following: 

10 ‘‘(E) SPECIAL RULE FOR QUALIFIED

11 ALIEN VICTIMS.—Subparagraphs (A), (B), and 

12 (C) shall not apply to an alien who— 

13 ‘‘(i) is a VAWA self-petitioner; 

14 ‘‘(ii) is an applicant for, or is granted, 

15 nonimmigrant status under section 

16 101(a)(15)(U); or 

17 ‘‘(iii) is a qualified alien described in 

18 section 431(c) of the Personal Responsi19 bility and Work Opportunity Reconciliation 

20 Act of 1996 (8 U.S.C. 1641(c)).’’. 

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

22 Section 214(p) of the Immigration and Nationality 

23 Act (8 U.S.C. 1184(p)) is amended by adding at the end 

24 the following: 

25 ‘‘(7) AGE DETERMINATIONS.— 


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1 ‘‘(A) CHILDREN.—An unmarried alien who 

2 seeks to accompany, or follow to join, a parent 

3 granted status under section 101(a)(15)(U)(i), 

4 and who was under 21 years of age on the date 

5 on which such parent petitioned for such status, 

6 shall continue to be classified as a child for pur7 poses of section 101(a)(15)(U)(ii), if the alien 

8 attains 21 years of age after such parent’s peti9 tion was filed but while it was pending. 

10 ‘‘(B) PRINCIPAL ALIENS.—An alien de11 scribed in clause (i) of section 101(a)(15)(U) 

12 shall continue to be treated as an alien de13 scribed in clause (ii)(I) of such section if the 

14 alien attains 21 years of age after the alien’s 

15 application for status under such clause (i) is 

16 filed but while it is pending.’’. 

17 SEC. 811. HARDSHIP WAIVERS. 

18 (a) IN GENERAL.—Section 216(c)(4) of the Immigra19 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend20 ed— 

21 (1) in subparagraph (A), by striking the comma 

22 at the end and inserting a semicolon; 

23 (2) in subparagraph (B), by striking ‘‘(1), or’’ 

24 and inserting ‘‘(1); or’’; 


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1 (3) in subparagraph (C), by striking the period 

2 at the end and inserting a semicolon and ‘‘or’’; and 

3 (4) by inserting after subparagraph (C) the fol4 lowing: 

5 ‘‘(D) the alien meets the requirements 

6 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

7 following the marriage ceremony was battered 

8 by or subject to extreme cruelty perpetrated by 

9 the alien’s intended spouse and was not at fault 

10 in failing to meet the requirements of para11 graph (1).’’. 

12 (b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 

13 the Immigration and Nationality Act (8 U.S.C. 

14 1186a(c)(4)), as amended by subsection (a), is further 

15 amended— 

16 (1) in the matter preceding subparagraph (A), 

17 by striking ‘‘The Attorney General, in the Attorney 

18 General’s’’ and inserting ‘‘The Secretary of Home19 land Security, in the Secretary’s’’; and 

20 (2) in the undesignated paragraph at the end— 

21 (A) in the first sentence, by striking ‘‘At22 torney General’’ and inserting ‘‘Secretary of 

23 Homeland Security’’; 

24 (B) in the second sentence, by striking 

25 ‘‘Attorney General’’ and inserting ‘‘Secretary’’; 


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1 (C) in the third sentence, by striking ‘‘At2 torney General.’’ and inserting ‘‘Secretary.’’; 

3 and 

4 (D) in the fourth sentence, by striking 

5 ‘‘Attorney General’’ and inserting ‘‘Secretary’’. 

6 SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL 

7 SECURITY PURPOSE. 

8 (a) INFORMATION SHARING.—Section 384(b) of the 

9 Illegal Immigration Reform and Immigrant Responsibility 

10 Act of 1996 (8 U.S.C. 1367(b)) is amended— 

11 (1) in paragraph (1)— 

12 (A) by inserting ‘‘Secretary of Homeland 

13 Security or the’’ before ‘‘Attorney General 

14 may’’; and 

15 (B) by inserting ‘‘Secretary’s or the’’ be16 fore ‘‘Attorney General’s discretion’’; 

17 (2) in paragraph (2)— 

18 (A) by inserting ‘‘Secretary of Homeland 

19 Security or the’’ before ‘‘Attorney General 

20 may’’; 

21 (B) by inserting ‘‘Secretary or the’’ before 

22 ‘‘Attorney General for’’; and 

23 (C) by inserting ‘‘in a manner that pro24 tects the confidentiality of such information’’ 

25 after ‘‘law enforcement purpose’’; 


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1 (3) in paragraph (5), by striking ‘‘Attorney 

2 General is’’ and inserting ‘‘Secretary of Homeland 

3 Security and the Attorney General are’’; and 

4 (4) by adding at the end a new paragraph as 

5 follows: 

6 ‘‘(8) Notwithstanding subsection (a)(2), the 

7 Secretary of Homeland Security, the Secretary of 

8 State, or the Attorney General may provide in the 

9 discretion of either such Secretary or the Attorney 

10 General for the disclosure of information to national 

11 security officials to be used solely for a national se12 curity purpose in a manner that protects the con13 fidentiality of such information.’’. 

14 (b) GUIDELINES.—Section 384(d) of the Illegal Im15 migration Reform and Immigrant Responsibility Act of 

16 1996 (8 U.S.C. 1367(d)) is amended by inserting ‘‘and 

17 severe forms of trafficking in persons or criminal activity 

18 listed in section 101(a)(15)(U) of the Immigration and 

19 Nationality Act (8 U.S.C. 1101(a)(15)(u))’’ after ‘‘domes20 tic violence’’. 

21 (c) IMPLEMENTATION.—Not later than 180 days 

22 after the date of enactment of this Act, the Attorney Gen23 eral and Secretary of Homeland Security shall provide the 

24 guidance required by section 384(d) of the Illegal Immi25 gration Reform and Immigrant Responsibility Act of 1996 


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1 (8 U.S.C. 1367(d)), consistent with the amendments made 

2 by subsections (a) and (b). 

3 (d) CLERICAL AMENDMENT.—Section 384(a)(1) of 

4 the Illegal Immigration Reform and Immigrant Responsi5 bility Act of 1986 is amended by striking ‘‘241(a)(2)’’ in 

6 the matter following subparagraph (F) and inserting 

7 ‘‘237(a)(2)’’. 

8 SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE 

9 WITH LAW ENFORCEMENT OFFICIALS. 

10 (a) REQUIREMENT FOR REPORT.—Not later than 

11 three years after the date of enactment of this Act, the 

12 Comptroller General of the United States shall submit a 

13 report to the Committee on the Judiciary of the Senate 

14 and the Committee on the Judiciary of the House of Rep15 resentatives a report regarding the adjudication of peti16 tions and applications under section 101(a)(15)(U) of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(15)(U)). 

19 (b) CONTENTS.—The report required by subsection 

20 (a) shall— 

21 (1) assess the effectiveness of the requirements 

22 set out in Section 802 of this Act in ensuring that 

23 potential U visa recipients aid in the investigation, 

24 apprehension, and prosecution of criminals; 


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1 (2) determine the effect of the requirements set 

2 out in Section 802 of this Act, on the number of U 

3 visas issued annually; and 

4 (3) determine the effect of the requirements set 

5 out in Section 802 of this Act, on the number of in6 dividuals seeking U visas. 

7 TITLE IX—SAFETY FOR INDIAN 

8 WOMEN 

9 SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

10 Section 2015(a) of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

12 10(a)) is amended— 

13 (1) in paragraph (2), by inserting ‘‘sex traf14 ficking,’’ after ‘‘sexual assault,’’; 

15 (2) in paragraph (4), by inserting ‘‘sex traf16 ficking,’’ after ‘‘sexual assault,’’; 

17 (3) in paragraph (5), by striking ‘‘and stalking’’ 

18 and all that follows and inserting ‘‘sexual assault, 

19 sex trafficking, and stalking;’’; 

20 (4) in paragraph (7)— 

21 (A) by inserting ‘‘sex trafficking,’’ after 

22 ‘‘sexual assault,’’ each place it appears; and 

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

24 (5) in paragraph (8)— 


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1 (A) by inserting ‘‘sex trafficking,’’ after 

2 ‘‘stalking,’’; and 

3 (B) by striking the period at the end and 

4 inserting a semicolon; and 

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

6 ‘‘(9) provide services to address the needs of 

7 youth who are victims of domestic violence, dating 

8 violence, sexual assault, sex trafficking, or stalking 

9 and the needs of children exposed to domestic vio10 lence, dating violence, sexual assault, or stalking, in11 cluding support for the nonabusing parent or the 

12 caretaker of the child; and 

13 ‘‘(10) develop and promote legislation and poli14 cies that enhance best practices for responding to 

15 violent crimes against Indian women, including the 

16 crimes of domestic violence, dating violence, sexual 

17 assault, sex trafficking, and stalking.’’. 

18 SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 

19 Section 2001(d) of title I of the Omnibus Crime Con20 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 

21 is amended— 

22 (1) in paragraph (1)— 

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

24 ‘‘and’’ at the end; 


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1 (B) in subparagraph (C), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(D) developing and promoting State, 

5 local, or tribal legislation and policies that en6 hance best practices for responding to violent 

7 crimes against Indian women, including the 

8 crimes of domestic violence, dating violence, 

9 sexual assault, stalking, and sex trafficking.’’; 

10 and 

11 (2) in paragraph (2)(B), by striking ‘‘individ12 uals or’’. 

13 SEC. 903. CONSULTATION. 

14 Section 903 of the Violence Against Women and De15 partment of Justice Reauthorization Act of 2005 (42 

16 U.S.C. 14045d) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘and the Violence Against 

19 Women Act of 2000’’ and inserting ‘‘, the Vio20 lence Against Women Act of 2000’’; and 

21 (B) by inserting ‘‘, and the Violence 

22 Against Women Reauthorization Act of 2012’’ 

23 before the period at the end; 

24 (2) in subsection (b)— 


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

2 by striking ‘‘Secretary of the Department of 

3 Health and Human Services’’ and inserting 

4 ‘‘Secretary of Health and Human Services, the 

5 Secretary of the Interior,’’; and 

6 (B) in paragraph (2), by striking ‘‘and 

7 stalking’’ and inserting ‘‘stalking, and sex traf8 ficking’’; and 

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

10 ‘‘(c) ANNUAL REPORT.—The Attorney General shall 

11 submit to Congress an annual report on the annual con12 sultations required under subsection (a) that— 

13 ‘‘(1) contains the recommendations made under 

14 subsection (b) by Indian tribes during the year cov15 ered by the report; 

16 ‘‘(2) describes actions taken during the year 

17 covered by the report to respond to recommenda18 tions made under subsection (b) during the year or 

19 a previous year; and 

20 ‘‘(3) describes how the Attorney General will 

21 work in coordination and collaboration with Indian 

22 tribes, the Secretary of Health and Human Services, 

23 and the Secretary of the Interior to address the rec24 ommendations made under subsection (b). 


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1 ‘‘(d) NOTICE.—Not later than 120 days before the 

2 date of a consultation under subsection (a), the Attorney 

3 General shall notify tribal leaders of the date, time, and 

4 location of the consultation.’’. 

5 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

6 INDIAN WOMEN. 

7 (a) IN GENERAL.—Section 904(a) of the Violence 

8 Against Women and Department of Justice Reauthoriza9 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend10 ed— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘The National’’ and insert13 ing ‘‘Not later than 2 years after the date of 

14 enactment of the Violence Against Women Re15 authorization Act of 2012, the National’’; and 

16 (B) by inserting ‘‘and in Native villages 

17 (as defined in section 3 of the Alaska Native 

18 Claims Settlement Act (43 U.S.C. 1602))’’ be19 fore the period at the end; 

20 (2) in paragraph (2)(A)— 

21 (A) in clause (iv), by striking ‘‘and’’ at the 

22 end; 

23 (B) in clause (v), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(vi) sex trafficking.’’; 

2 (3) in paragraph (4), by striking ‘‘this Act’’ and 

3 inserting ‘‘the Violence Against Women Reauthoriza4 tion Act of 2012’’; and 

5 (4) in paragraph (5), by striking ‘‘this section 

6 $1,000,000 for each of fiscal years 2007 and 2008’’ 

7 and inserting ‘‘this subsection $1,000,000 for each 

8 of fiscal years 2013 and 2014’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 905(b)(2) of the Violence Against Women and Depart11 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

12 534 note) is amended by striking ‘‘fiscal years 2007 

13 through 2011’’ and inserting ‘‘fiscal years 2013 through 

14 2017’’. 

15 TITLE X—CRIMINAL PROVISIONS 

16 SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 

17 ABUSE. 

18 (a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 

19 2243(b) of title 18, United States Code, is amended to 

20 read as follows: 

21 ‘‘(b) OF A WARD.— 

22 ‘‘(1) OFFENSES.—It shall be unlawful for any 

23 person to knowingly engage, or knowingly attempt to 

24 engage, in a sexual act with another person who is— 


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1 ‘‘(A) in official detention or supervised by, 

2 or otherwise under the control of, the United 

3 States— 

4 ‘‘(i) during arrest; 

5 ‘‘(ii) during pretrial release; 

6 ‘‘(iii) while in official detention or cus7 tody; or 

8 ‘‘(iv) while on probation, supervised 

9 release, or parole; 

10 ‘‘(B) under the professional custodial, su11 pervisory, or disciplinary control or authority of 

12 the person engaging or attempting to engage in 

13 the sexual act; and 

14 ‘‘(C) at the time of the sexual act— 

15 ‘‘(i) in the special maritime and terri16 torial jurisdiction of the United States; 

17 ‘‘(ii) in a Federal prison, or in any 

18 prison, institution, or facility in which per19 sons are held in custody by direction of, or 

20 pursuant to a contract or agreement with, 

21 the United States; or 

22 ‘‘(iii) under supervision or other con23 trol by the United States, or by direction 

24 of, or pursuant to a contract or agreement 

25 with, the United States. 


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

2 (1)(A) shall— 

3 ‘‘(A) be fined under this title, imprisoned 

4 for not more than 15 years, or both; and 

5 ‘‘(B) if, in the course of committing the 

6 violation of paragraph (1), the person engages 

7 in conduct that would constitute an offense 

8 under section 2241 or 2242 if committed in the 

9 special maritime and territorial jurisdiction of 

10 the United States, be subject to the penalties 

11 provided for under section 2241 or 2242, re12 spectively.’’. 

13 (b) PENALTIES FOR SEXUAL ABUSE.— 

14 (1) IN GENERAL.—Chapter 13 of title 18, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘§ 250. Penalties for sexual abuse 

18 ‘‘(a) OFFENSE.—It shall be unlawful for any person, 

19 in the course of committing an offense under this chapter 

20 or under section 901 of the Fair Housing Act (42 U.S.C. 

21 3631) to engage in conduct that would constitute an of22 fense under chapter 109A if committed in the special mar23 itime and territorial jurisdiction of the United States. 

24 ‘‘(b) PENALTIES.—A person that violates subsection 

25 (a) shall be subject to the penalties under the provision 


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1 of chapter 109A that would have been violated if the con2 duct was committed in the special maritime and territorial 

3 jurisdiction of the United States, unless a greater penalty 

4 is otherwise authorized by law.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions for chapter 13 of title 18, United States Code, 

7 is amended by adding at the end the following: 

‘‘250. Penalties for sexual abuse.’’. 

8 SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 

9 (a) SUITS BY PRISONERS.—Section 7(e) of the Civil 

10 Rights of Institutionalized Persons Act (42 U.S.C. 

11 1997e(e)) is amended by inserting before the period at the 

12 end the following: ‘‘or the commission of a sexual act (as 

13 defined in section 2246 of title 18, United States Code)’’. 

14 (b) UNITED STATES AS DEFENDANT.—Section 

15 1346(b)(2) of title 28, United States Code, is amended 

16 by inserting before the period at the end the following: 

17 ‘‘or the commission of a sexual act (as defined in section 

18 2246 of title 18)’’. 

19 (c) ADOPTION AND EFFECT OF NATIONAL STAND20 ARDS.—Section 8 of the Prison Rape Elimination Act of 

21 2003 (42 U.S.C. 15607) is amended— 

22 (1) by redesignating subsection (c) as sub23 section (e); and 

24 (2) by inserting after subsection (b) the fol25 lowing: 


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1 ‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP2 ERATED BY THE DEPARTMENT OF HOMELAND SECU3 RITY.— 

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 Homeland Security shall publish a final rule 

8 adopting national standards for the detection, pre9 vention, reduction, and punishment of rape and sex10 ual assault in facilities that maintain custody of 

11 aliens detained for a violation of the immigrations 

12 laws of the United States. 

13 ‘‘(2) APPLICABILITY.—The standards adopted 

14 under paragraph (1) shall apply to detention facili15 ties operated by the Department of Homeland Secu16 rity and to detention facilities operated under con17 tract with the Department. 

18 ‘‘(3) COMPLIANCE.—The Secretary of Home19 land Security shall— 

20 ‘‘(A) assess compliance with the standards 

21 adopted under paragraph (1) on a regular 

22 basis; and 

23 ‘‘(B) include the results of the assessments 

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1 pleted by the Department of Homeland Secu2 rity. 

3 ‘‘(4) CONSIDERATIONS.—In adopting standards 

4 under paragraph (1), the Secretary of Homeland Se5 curity shall give due consideration to the rec6 ommended national standards provided by the Com7 mission under section 7(e). 

8 ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP9 ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN

10 SERVICES.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the date of enactment of the Violence Against 

13 Women Reauthorization Act of 2012, the Secretary 

14 of Health and Human Services shall publish a final 

15 rule adopting national standards for the detection, 

16 prevention, reduction, and punishment of rape and 

17 sexual assault in facilities that maintain custody of 

18 unaccompanied alien children (as defined in section 

19 462(g) of the Homeland Security Act of 2002 (6 

20 U.S.C. 279(g))). 

21 ‘‘(2) APPLICABILITY.—The standards adopted 

22 under paragraph (1) shall apply to facilities operated 

23 by the Department of Health and Human Services 

24 and to facilities operated under contract with the 

25 Department. 


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1 ‘‘(3) COMPLIANCE.—The Secretary of Health 

2 and Human Services shall— 

3 ‘‘(A) assess compliance with the standards 

4 adopted under paragraph (1) on a regular 

5 basis; and 

6 ‘‘(B) include the results of the assessments 

7 in performance evaluations of facilities com8 pleted by the Department of Health and 

9 Human Services. 

10 ‘‘(4) CONSIDERATIONS.—In adopting standards 

11 under paragraph (1), the Secretary of Health and 

12 Human Services shall give due consideration to the 

13 recommended national standards provided by the 

14 Commission under section 7(e).’’. 

15 SEC. 1003. CRIMINAL PROVISION RELATING TO STALKING, 

16 INCLUDING CYBERSTALKING. 

17 (a) IN GENERAL.—Section 2261A of title 18, United 

18 States Code, is amended to read as follows: 

19 ‘‘SEC. 2261A. STALKING. 

20 ‘‘(a) Whoever uses the mail, any interactive computer 

21 service, or any facility of interstate or foreign commerce 

22 to engage in a course of conduct or travels in interstate 

23 or foreign commerce or within the special maritime and 

24 territorial jurisdiction of the United States, or enters or 

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1 ass, or intimidate another person, or place another person 

2 under surveillance with the intent to kill, injure, harass, 

3 or intimidate such person and in the course of, or as a 

4 result of, such travel or course of conduct— 

5 ‘‘(1) places that person in reasonable fear of 

6 the death of, or serious bodily injury to such person, 

7 a member of their immediate family (as defined in 

8 section 115), or their spouse or intimate partner; or 

9 ‘‘(2) causes or attempts to cause serious bodily 

10 injury or serious emotional distress to such person, 

11 a member of their immediate family (as defined in 

12 section 115), or their spouse or intimate partner; 

13 shall be punished as provided in subsection (b). 

14 ‘‘(b) The punishment for an offense under this sec15 tion is the same as that for an offense under section 2261, 

16 except that if— 

17 ‘‘(1) the offense involves conduct in violation of 

18 a protection order; or 

19 ‘‘(2) the victim of the offense is under the age 

20 of 18 years or over the age of 65 years, the offender 

21 has reached the age of 18 years at the time the of22 fense was committed, and the offender knew or 

23 should have known that the victim was under the 

24 age of 18 years or over the age of 65 years; 


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1 the maximum term of imprisonment that may be imposed 

2 is increased by 5 years over the term of imprisonment oth3 erwise provided for that offense in section 2261’’. 

4 (b) CLERICAL AMENDMENT.—The item relating to 

5 section 2261A in the table of sections at the beginning 

6 of chapter 110A of title 18, United States Code, is amend7 ed to read as follows: 

‘‘2261A. Stalking.’’. 

8 SEC. 1004. AMENDMENTS TO THE FEDERAL ASSAULT STAT9 UTE. 

10 (a) IN GENERAL.—Section 113 of title 18, United 

11 States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) Assault with intent to commit murder or 

16 a violation of section 2241 or 2242, by a fine under 

17 this title, imprisonment for not more than 20 years, 

18 or both.’’; 

19 (B) in paragraph (2), by striking ‘‘felony 

20 under chapter 109A’’ and inserting ‘‘violation 

21 of section 2241 or 2242’’; 

22 (C) in paragraph (3), by striking ‘‘and 

23 without just cause or excuse,’’; 

24 (D) in paragraph (4), by striking ‘‘six 

25 months’’ and inserting ‘‘1 year’’; 


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1 (E) in paragraph (5), by striking ‘‘1 year’’ 

2 and inserting ‘‘5 years’’; 

3 (F) in paragraph (7)— 

4 (i) by striking ‘‘substantial bodily in5 jury to an individual who has not attained 

6 the age of 16 years’’ and inserting ‘‘sub7 stantial bodily injury to a spouse or inti8 mate partner, a dating partner, or an indi9 vidual who has not attained the age of 16 

10 years’’; and 

11 (ii) by striking ‘‘fine’’ and inserting 

12 ‘‘a fine’’; and 

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

14 ‘‘(8) Assault of a spouse, intimate partner, or 

15 dating partner by strangling, suffocating, or at16 tempting to strangle or suffocate, by a fine under 

17 this title, imprisonment for not more than 10 years, 

18 or both.’’; and 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘(b) As used in this sub21 section—’’ and inserting the following: 

22 ‘‘(b) In this section—’’; 

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

24 ‘‘and’’ at the end; 


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1 (C) in paragraph (2), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 ‘‘(3) the terms ‘dating partner’ and ‘spouse or 

5 intimate partner’ have the meanings given those 

6 terms in section 2266; 

7 ‘‘(4) the term ‘strangling’ means knowingly or 

8 recklessly impeding the normal breathing or circula9 tion of the blood of a person by applying pressure 

10 to the throat or neck, regardless of whether that 

11 conduct results in any visible injury or whether there 

12 is any intent to kill or protractedly injure the victim; 

13 and 

14 ‘‘(5) the term ‘suffocating’ means knowingly or 

15 recklessly impeding the normal breathing of a person 

16 by covering the mouth of the person, the nose of the 

17 person, or both, regardless of whether that conduct 

18 results in any visible injury or whether there is any 

19 intent to kill or protractedly injure the victim.’’. 

20 (b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

21 18, United States Code, is amended by striking ‘‘assault 

22 with intent to commit murder, assault with a dangerous 

23 weapon, assault resulting in serious bodily injury (as de24 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

25 assault under section 113’’. 


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1 (c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 

2 of title 18, United States Code, is amended by inserting 

3 ‘‘or tribal’’ after ‘‘State’’. 

4 SEC. 1005. MANDATORY MINIMUM SENTENCE. 

5 Section 2241 of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (a), in the undesignated mat8 ter following paragraph (2), by striking ‘‘any term 

9 of years or life’’ and inserting ‘‘not less than 10 

10 years or imprisoned for life’’; and 

11 (2) in subsection (b), in the undesignated mat12 ter following paragraph (2), by striking ‘‘any term 

13 of years or life’’ and inserting ‘‘not less than 5 years 

14 or imprisoned for life’’. 

Æ 


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