179 
pleted by the Department of Homeland Secu-
rity. 
‘‘(4) CONSIDERATIONS.—In adopting standards 
under paragraph (1), the Secretary of Homeland Se-
curity shall give due consideration to the rec-
ommended national standards provided by the Com-
mission under section 7(e). 
‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES OP-
ERATED BY THE DEPARTMENT OF HEALTH AND HUMAN 
SERVICES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Violence Against 
Women Reauthorization Act of 2012, the Secretary 
of Health and Human Services shall publish a final 
rule adopting national standards for the detection, 
prevention, reduction, and punishment of rape and 
sexual assault in facilities that maintain custody of 
unaccompanied alien children (as defined in section 
462(g) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g))). 
‘‘(2) APPLICABILITY.—The standards adopted 
under paragraph (1) shall apply to facilities operated 
by the Department of Health and Human Services 
and to facilities operated under contract with the 
Department. 
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‘‘(3) COMPLIANCE.—The Secretary of Health 
and Human Services shall— 
‘‘(A) assess compliance with the standards 
adopted under paragraph (1) on a regular 
basis; and 
‘‘(B) include the results of the assessments 
in performance evaluations of facilities com-
pleted by the Department of Health and 
Human Services. 
‘‘(4) CONSIDERATIONS.—In adopting standards 
under paragraph (1), the Secretary of Health and 
Human Services shall give due consideration to the 
recommended national standards provided by the 
Commission under section 7(e).’’. 
SEC. 1003. CRIMINAL PROVISION RELATING TO STALKING, 
INCLUDING CYBERSTALKING. 
(a) IN GENERAL.—Section 2261A of title 18, United 
States Code, is amended to read as follows: 
‘‘SEC. 2261A. STALKING. 
‘‘(a) Whoever uses the mail, any interactive computer 
service, or any facility of interstate or foreign commerce 
to engage in a course of conduct or travels in interstate 
or foreign commerce or within the special maritime and 
territorial jurisdiction of the United States, or enters or 
leaves Indian country, with the intent to kill, injure, har-
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ass, or intimidate another person, or place another person 
under surveillance with the intent to kill, injure, harass, 
or intimidate such person and in the course of, or as a 
result of, such travel or course of conduct— 
‘‘(1) places that person in reasonable fear of 
the death of, or serious bodily injury to such person, 
a member of their immediate family (as defined in 
section 115), or their spouse or intimate partner; or 
‘‘(2) causes or attempts to cause serious bodily 
injury or serious emotional distress to such person, 
a member of their immediate family (as defined in 
section 115), or their spouse or intimate partner; 
shall be punished as provided in subsection (b). 
‘‘(b) The punishment for an offense under this sec-
tion is the same as that for an offense under section 2261, 
except that if— 
‘‘(1) the offense involves conduct in violation of 
a protection order; or 
‘‘(2) the victim of the offense is under the age 
of 18 years or over the age of 65 years, the offender 
has reached the age of 18 years at the time the of-
fense was committed, and the offender knew or 
should have known that the victim was under the 
age of 18 years or over the age of 65 years; 
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the maximum term of imprisonment that may be imposed 
is increased by 5 years over the term of imprisonment oth-
erwise provided for that offense in section 2261’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
section 2261A in the table of sections at the beginning 
of chapter 110A of title 18, United States Code, is amend-
ed to read as follows: 
‘‘2261A. Stalking.’’. 
SEC. 1004. AMENDMENTS TO THE FEDERAL ASSAULT STAT-
UTE. 
(a) IN GENERAL.—Section 113 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) Assault with intent to commit murder or 
a violation of section 2241 or 2242, by a fine under 
this title, imprisonment for not more than 20 years, 
or both.’’; 
(B) in paragraph (2), by striking ‘‘felony 
under chapter 109A’’ and inserting ‘‘violation 
of section 2241 or 2242’’; 
(C) in paragraph (3), by striking ‘‘and 
without just cause or excuse,’’; 
(D) in paragraph (4), by striking ‘‘six 
months’’ and inserting ‘‘1 year’’; 
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(E) in paragraph (5), by striking ‘‘1 year’’ 
and inserting ‘‘5 years’’; 
(F) in paragraph (7)— 
(i) by striking ‘‘substantial bodily in-
jury to an individual who has not attained 
the age of 16 years’’ and inserting ‘‘sub-
stantial bodily injury to a spouse or inti-
mate partner, a dating partner, or an indi-
vidual who has not attained the age of 16 
years’’; and 
(ii) by striking ‘‘fine’’ and inserting 
‘‘a fine’’; and 
(G) by adding at the end the following: 
‘‘(8) Assault of a spouse, intimate partner, or 
dating partner by strangling, suffocating, or at-
tempting to strangle or suffocate, by a fine under 
this title, imprisonment for not more than 10 years, 
or both.’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘(b) As used in this sub-
section—’’ and inserting the following: 
‘‘(b) In this section—’’; 
(B) in paragraph (1)(B), by striking 
‘‘and’’ at the end; 
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(C) in paragraph (2), by striking the pe-
riod at the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(3) the terms ‘dating partner’ and ‘spouse or 
intimate partner’ have the meanings given those 
terms in section 2266; 
‘‘(4) the term ‘strangling’ means knowingly or 
recklessly impeding the normal breathing or circula-
tion of the blood of a person by applying pressure 
to the throat or neck, regardless of whether that 
conduct results in any visible injury or whether there 
is any intent to kill or protractedly injure the victim; 
and 
‘‘(5) the term ‘suffocating’ means knowingly or 
recklessly impeding the normal breathing of a person 
by covering the mouth of the person, the nose of the 
person, or both, regardless of whether that conduct 
results in any visible injury or whether there is any 
intent to kill or protractedly injure the victim.’’. 
(b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 
18, United States Code, is amended by striking ‘‘assault 
with intent to commit murder, assault with a dangerous 
weapon, assault resulting in serious bodily injury (as de-
fined in section 1365 of this title)’’ and inserting ‘‘a felony 
assault under section 113’’. 
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