140 
‘‘(ii) does not propose any significant 
activities that may compromise victim safe-
ty; 
‘‘(iii) reflects an understanding of the 
dynamics of domestic violence, dating vio-
lence, sexual assault, or stalking; and 
‘‘(iv) does not propose prohibited ac-
tivities, including mandatory services for 
victims, background checks of victims, or 
clinical evaluations to determine eligibility 
for services.’’. 
SEC. 603. ADDRESSING THE HOUSING NEEDS OF VICTIMS 
OF DOMESTIC VIOLENCE, DATING VIOLENCE, 
SEXUAL ASSAULT, AND STALKING. 
Subtitle N of the Violence Against Women Act of 1994 
(42 U.S.C. 14043e et seq.) is amended— 
(1) in section 41404(i) (42 U.S.C. 14043e–3(i)), 
by striking ‘‘$10,000,000 for each of fiscal years 2007 
through 2011’’ and inserting ‘‘$4,000,000 for each of 
fiscal years 2013 through 2017’’; and 
(2) in section 41405(g) (42 U.S.C. 14043e–4(g)), 
by striking ‘‘$10,000,000 for each of fiscal years 2007 
through 2011’’ and inserting ‘‘$4,000,000 for each of 
fiscal years 2013 through 2017’’. 
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141 
TITLE VII—ECONOMIC SECURITY 
FOR VICTIMS OF VIOLENCE 
SEC. 701. NATIONAL RESOURCE CENTER ON WORKPLACE 
RESPONSES TO ASSIST VICTIMS OF DOMES-
TIC AND SEXUAL VIOLENCE. 
Section 41501(e) of the Violence Against Women Act 
of 1994 (42 U.S.C. 14043f(e)) is amended by striking ‘‘fiscal 
years 2007 through 2011’’ and inserting ‘‘fiscal years 2013 
through 2017’’. 
TITLE VIII—IMMIGRATION 
PROVISIONS 
SEC. 801. FRAUD PREVENTION INITIATIVES. 
(a) CREDIBLE
EVIDENCE
CONSIDERED.—Section 
240A(b)(2) of the Immigration and Nationality Act (8 
U.S.C. 1229b) is amended by striking subparagraph (D) 
and inserting the following: 
‘‘(D) CREDIBLE EVIDENCE CONSIDERED.— 
In acting on applications under this paragraph, 
the Attorney General shall consider any credible 
evidence relevant to the application, including 
credible evidence submitted by a national of the 
United States or an alien lawfully admitted for 
permanent residence accused of the conduct de-
scribed in subparagraph (A)(i).’’. 
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142 
(b) APPLICATION OF SPECIAL RULE FOR BATTERED 
SPOUSE, PARENT, OR CHILD.—Section 204(a)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
amended— 
(1) in subparagraph (A)(iii), by inserting after 
subclause (II) the following: 
‘‘(III)(aa) Upon filing, each peti-
tion under this clause shall be trans-
ferred to a local office of United States 
Citizenship and Immigration Services 
and assigned to an investigative officer 
for adjudication and final determina-
tion of eligibility. 
‘‘(bb) During the adjudication of 
each petition under this paragraph, an 
investigative officer from a local office 
of United States Citizenship and Im-
migration Services shall conduct an 
in-person interview of the alien who 
filed the petition. The investigative of-
ficer may also gather other evidence 
and interview other witnesses, includ-
ing the accused United States citizen 
or lawful permanent resident, if they 
consent to be interviewed. 
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143 
‘‘(cc) All interviews under this 
clause shall be conducted under oath 
and subject to applicable penalties for 
perjury. 
‘‘(dd) Upon the conclusion of the 
adjudication process under this sub-
paragraph, the investigative officer 
shall issue a final written determina-
tion to approve or deny the petition. 
The investigative officer shall not ap-
prove the petition unless the officer 
finds, in writing and with particu-
larity, that all requirements under this 
paragraph, including proof that the 
alien is a victim of the conduct de-
scribed in clause (iii)(I)(bb), have been 
proven by clear and convincing evi-
dence. 
‘‘(IV) During the adjudication of 
a petition under this clause— 
‘‘(aa) the petition shall not 
be granted unless the petition is 
supported by clear and convincing 
evidence; and 
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144 
‘‘(bb) all credible evidence 
submitted by an accused national 
of the United States or alien law-
fully admitted for permanent resi-
dence shall be considered. 
‘‘(V)(aa) During the adjudication 
of a petition under this paragraph, the 
investigative officer at the local office 
of United States Citizenship and Im-
migration Services shall determine 
whether any Federal, State, territorial, 
tribal, or local law enforcement agency 
has undertaken an investigation or 
prosecution of the abusive conduct al-
leged by the petitioning alien. 
‘‘(bb) If an investigation or pros-
ecution was commenced, the investiga-
tive officer shall— 
‘‘(AA) obtain as much infor-
mation as possible about the in-
vestigation or prosecution; and 
‘‘(BB) consider that informa-
tion as part of the adjudication of 
the petition. 
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145 
‘‘(cc) If an investigation or pros-
ecution is pending, the adjudication of 
the petition shall be stayed pending the 
conclusion of the investigation or pros-
ecution. If no investigation has been 
undertaken or if a prosecutor’s office 
has not commenced a prosecution after 
the matter was referred to it, that fact 
shall be considered by the investigative 
officer as part of the adjudication of 
the petition. 
‘‘(VI)(aa) If an investigative offi-
cer makes a written finding that the 
petitioning alien made a material mis-
representation on a petition, during an 
interview, or during any other aspect 
of the adjudication— 
‘‘(AA) the alien’s petition 
shall be denied and the alien shall 
be removed from the country on 
an expedited basis; 
‘‘(BB) the alien shall be per-
manently ineligible for any lawful 
immigration status or benefits; 
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147 
‘‘(BB) refer the matter and 
all evidence to the Federal Bureau 
of Investigation for a criminal in-
vestigation. 
‘‘(VII) If a petition filed under 
this paragraph is denied, any obliga-
tions under an underlying affidavit of 
support previously filed by the accused 
national of the United States or alien 
lawfully admitted for permanent resi-
dence shall be terminated.’’; 
(2) in subparagraph (A)(iv), by adding at the 
end the following: ‘‘The petition shall be adjudicated 
according to the procedures that apply to self-peti-
tioners under clause (iii).’’; 
(3) in subparagraph (A)(vii), by adding at the 
end the following: ‘‘The petition shall be adjudicated 
according to the procedures that apply to self-peti-
tioners under clause (iii).’’; 
(4) in subparagraph (B)(ii), by inserting after 
subclause (II) the following: 
‘‘(III)(aa) Upon filing, each peti-
tion under this clause shall be trans-
ferred to a local office of United States 
Citizenship and Immigration Services 
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148 
and assigned to an investigative officer 
for adjudication and final determina-
tion of eligibility. 
‘‘(bb) During the adjudication of 
each petition under this paragraph, an 
investigative officer from a local office 
of United States Citizenship and Im-
migration Services shall conduct an 
in-person interview of the alien who 
filed the petition. The investigative of-
ficer may also gather other evidence 
and interview other witnesses, includ-
ing the accused United States citizen 
or lawful permanent resident, if they 
consent to be interviewed. 
‘‘(cc) All interviews under this 
clause shall be conducted under oath 
and subject to applicable penalties for 
perjury. 
‘‘(dd) Upon the conclusion of the 
adjudication process under this sub-
paragraph, the investigative officer 
shall issue a final written determina-
tion to approve or deny the petition. 
The investigative officer shall not ap-
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149 
prove the petition unless the officer 
finds, in writing and with particu-
larity, that all requirements under this 
paragraph, including proof that the 
alien is a victim of the conduct de-
scribed in clause (ii)(I)(bb), have been 
proven by clear and convincing evi-
dence. 
‘‘(IV) During the adjudication of 
a petition under this clause— 
‘‘(aa) the petition shall not 
be granted unless the petition is 
supported by clear and convincing 
evidence; and 
‘‘(bb) all credible evidence 
submitted by an accused national 
of the United States or alien law-
fully admitted for permanent resi-
dence shall be considered. 
‘‘(V)(aa) During the adjudication 
of a petition under this clause, the in-
vestigative officer at the local office of 
United States Citizenship and Immi-
gration Services shall determine wheth-
er any Federal, State, territorial, trib-
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150 
al, or local law enforcement agency has 
undertaken an investigation or pros-
ecution of the abusive conduct alleged 
by the petitioning alien. 
‘‘(bb) If an investigation or pros-
ecution was commenced, the investiga-
tive officer shall— 
‘‘(AA) obtain as much infor-
mation as possible about the in-
vestigation or prosecution; and 
‘‘(BB) consider that informa-
tion as part of the adjudication of 
the petition. 
‘‘(cc) If an investigation or pros-
ecution is pending, the adjudication of 
the petition shall be stayed pending the 
conclusion of the investigation or pros-
ecution. If no investigation has been 
undertaken or if a prosecutor’s office 
has not commenced a prosecution after 
the matter was referred to it, that fact 
shall be considered by the investigative 
officer as part of the adjudication of 
the petition. 
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151 
‘‘(VI)(aa) If an investigative offi-
cer makes a written finding that the 
petitioning alien made a material mis-
representation on a petition, during an 
interview, or during any other aspect 
of the adjudication— 
‘‘(AA) the alien’s petition 
shall be denied and the alien shall 
be removed from the country on 
an expedited basis; 
‘‘(BB) the alien shall be per-
manently ineligible for any lawful 
immigration status or benefits; 
‘‘(CC) any public assistance 
or other public benefits received by 
the alien or the alien’s bene-
ficiaries shall be immediately dis-
continued; and 
‘‘(DD) the alien and the 
alien’s beneficiaries shall not be 
eligible for any programs or ini-
tiatives undertaken by the Depart-
ment of Homeland Security or 
any other agency or department 
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152 
to delay or exempt removal, in-
cluding deferred action. 
‘‘(bb) Upon receiving any evidence 
of any material misrepresentation on a 
petition, during an interview, or dur-
ing any other aspect of the adjudica-
tion, the appropriate officer of United 
States Citizenship and Immigration 
Services and the Secretary of Home-
land Security shall— 
‘‘(AA) deny the petition and 
process the alien for expedited re-
moval, 
pursuant 
to 
subclause 
(VI)(aa)(AA); and 
‘‘(BB) refer the matter and 
all evidence to the Federal Bureau 
of Investigation for a criminal in-
vestigation. 
‘‘(VII) If a petition filed under 
this clause is denied, any obligations 
under an underlying affidavit of sup-
port previously filed by the accused na-
tional of the United States or alien 
lawfully admitted for permanent resi-
dence shall be terminated.’’; and 
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153 
(5) in subparagraph (B)(iii), by adding at the 
end the following: ‘‘The petition shall be adjudicated 
according to the procedures that apply to self-peti-
tioners under clause (ii).’’. 
SEC. 802. CLARIFICATION OF THE REQUIREMENTS APPLICA-
BLE TO U VISAS. 
Section 214(p)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)(1)) is amended as follows: 
(1) By striking ‘‘The petition’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The petition’’. 
(2) By adding at the end the following: 
‘‘(B) 
CERTIFICATION
REQUIREMENTS.— 
Each certification submitted under subpara-
graph (A) shall confirm under oath that— 
‘‘(i) the criminal activity is actively 
under investigation or a prosecution has 
been commenced; and 
‘‘(ii) the petitioner has provided to law 
enforcement information that will assist in 
identifying the perpetrator of the criminal 
activity or the perpetrator’s identity is 
known. 
‘‘(C) REQUIREMENT FOR CERTIFICATION.— 
No application for a visa under section 
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154 
101(a)(15)(U) may be granted unless accom-
panied by the certification as described in this 
paragraph.’’. 
SEC. 803. PROTECTIONS FOR A FIANCE´ E OR FIANCE´ OF A 
CITIZEN. 
(a) IN GENERAL.—Section 214 of the Immigration 
and Nationality Act (8 U.S.C. 1184) is amended— 
(1) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘crime.’’ 
and inserting ‘‘crime described in paragraph 
(3)(B) and information on any permanent pro-
tection or restraining order issued against the 
petitioner related to any specified crime de-
scribed in paragraph (3)(B)(i).’’; and 
(B) in paragraph (3)(B)(i), by striking 
‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 
stalking, or an attempt to commit any such 
crime.’’; and 
(2) in subsection (r)— 
(A) in paragraph (1), by striking ‘‘crime.’’ 
and inserting ‘‘crime described in paragraph 
(5)(B) and information on any permanent pro-
tection or restraining order issued against the 
petitioner related to any specified crime de-
scribed in subsection (5)(B)(i).’’; and 
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155 
(B) in paragraph (5)(B)(i), by striking 
‘‘abuse, and stalking.’’ and inserting ‘‘abuse, 
stalking, or an attempt to commit any such 
crime.’’. 
(b) PROVISION
OF
INFORMATION
TO
K NON-
IMMIGRANTS.—Section 833 of the International Marriage 
Broker Regulation Act of 2005 (8 U.S.C. 1375a) is amended 
in subsection (b)(1)(A), by striking ‘‘or’’ after ‘‘orders’’ and 
inserting ‘‘and’’. 
SEC. 804. REGULATION OF INTERNATIONAL MARRIAGE 
BROKERS. 
(a) IMPLEMENTATION OF THE INTERNATIONAL MAR-
RIAGE BROKER ACT OF 2005.—Not later than 90 days after 
the date of the enactment of this Act, the Attorney General 
shall submit to Congress a report that includes the name 
of the component of the Department of Justice responsible 
for prosecuting violations of the International Marriage 
Broker Act of 2005 (subtitle D of Public Law 109–162; 119 
Stat. 3066) and the amendments made by this title. 
(b) REGULATION OF INTERNATIONAL MARRIAGE BRO-
KERS.—Section 833(d) of the International Marriage 
Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 
amended as follows: 
(1) By amending paragraph (1) to read as fol-
lows: 
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156 
‘‘(1) PROHIBITION
ON
MARKETING
OF
OR
TO 
CHILDREN.— 
‘‘(A) IN GENERAL.—An international mar-
riage broker shall not provide any individual or 
entity with personal contact information, photo-
graph, or general information about the back-
ground or interests of any individual under the 
age of 18. 
‘‘(B) COMPLIANCE.—To comply with the re-
quirements of subparagraph (A), an inter-
national marriage broker shall— 
‘‘(i) obtain a valid copy of each foreign 
national client’s birth certificate or other 
proof of age document issued by an appro-
priate government entity; 
‘‘(ii) indicate on such certificate or 
document the date it was received by the 
international marriage broker; 
‘‘(iii) retain the original of such cer-
tificate or document for 5 years after such 
date of receipt; and 
‘‘(iv) produce such certificate or docu-
ment upon request to an appropriate au-
thority charged with the enforcement of this 
paragraph.’’. 
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157 
(2) In paragraph (2)(B)(ii), by striking ‘‘or 
stalking.’’ and inserting ‘‘stalking, or an attempt to 
commit any such crime.’’. 
SEC. 805. GAO REPORT. 
(a) REQUIREMENT FOR REPORT.—Not later than 1 
year after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the Com-
mittee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives a report 
regarding the adjudication of petitions and applications 
under section 101(a)(15)(U) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(U)) and the self-peti-
tioning process for VAWA self-petitioners (as that term is 
defined in section 101(a)(51) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(51)). 
(b) CONTENTS.—The report required by subsection (a) 
shall— 
(1) assess the efficiency and reliability of the 
process for reviewing such petitions and applications, 
including whether the process includes adequate safe-
guards against fraud and abuse; and 
(2) identify possible improvements to the adju-
dications of petitions and applications in order to re-
duce fraud and abuse. 
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158 
SEC. 806. TEMPORARY NATURE OF U VISA STATUS. 
(a) IN GENERAL.—Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255) is amended by strik-
ing subsection (m). 
(b) DURATION OF NONIMMIGRANT STATUS.—Section 
214(p)(6) of such Act (8 U.S.C. 1184(p)(6)) is amended by 
striking ‘‘Such alien’s nonimmigrant status shall be ex-
tended beyond the 4-year period authorized under this sec-
tion if the alien is eligible for relief under section 245(m) 
and is unable to obtain such relief because regulations have 
not been issued to implement such section and shall be ex-
tended during the pendency of an application for adjust-
ment of status under section 245(m).’’. 
(c) SURVIVING RELATIVE CONSIDERATION FOR CER-
TAIN PETITIONS AND APPLICATIONS.—Section 204(l)(2)(E) 
of such Act (8 U.S.C. 1154(l)(2)(E)) is amended by striking 
‘‘or in ‘U’ nonimmigrant status as described in section 
101(a)(15)(U)(ii);’’ and inserting a semicolon. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply to applications for adjustment of status 
submitted on or after the date of the enactment of this Act, 
and to previously filed applications that are pending on 
the date of enactment of this Act. 
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159 
SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICA-
TIONS MADE BY VICTIMS OF ABUSE. 
Not later than December 1, 2012, and annually there-
after, the Secretary of Homeland Security shall submit to 
the Committee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representatives a 
report that includes the following: 
(1) The number of aliens who— 
(A) submitted an application for non-
immigrant status under paragraph (15)(T)(i), 
(15)(U)(i), or (51) of section 101(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)) 
during the preceding fiscal year; 
(B) were granted such nonimmigrant status 
during such fiscal year; or 
(C) were denied such nonimmigrant status 
during such fiscal year. 
(2) The mean amount of time and median 
amount of time to adjudicate an application for such 
nonimmigrant status during such fiscal year. 
(3) The mean amount of time and median 
amount of time between the receipt of an application 
for such nonimmigrant status and the issuance of 
work authorization to an eligible applicant during 
the preceding fiscal year. 
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160 
(4) The number of aliens granted continued pres-
ence in the United States under section 107(c)(3) of 
the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7105(c)(3)) during the preceding fiscal year. 
(5) A description of any actions being taken to 
reduce the adjudication and processing time, while 
ensuring the safe and competent processing, of an ap-
plication described in paragraph (1) or a request for 
continued presence referred to in paragraph (4). 
(6) The actions being taken to combat fraud and 
to ensure program integrity. 
(7) Each type of criminal activity by reason of 
which an alien received nonimmigrant status under 
section 101(a)(15)(U) of the Immigration and Na-
tionality Act (8 U.S.C 1101(a)(15)(U)) during the 
preceding fiscal year and the number of occurrences 
of that criminal activity that resulted in such aliens 
receiving such status. 
SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PETI-
TIONERS. 
Section 204(l)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1154(l)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at the 
end; 
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161 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) a child of an alien who filed a pending 
or approved petition for classification or appli-
cation for adjustment of status or other benefit 
specified in section 101(a)(51) as a VAWA self- 
petitioner; or’’. 
SEC. 809. PUBLIC CHARGE. 
Section 212(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(4)) is amended by adding at the end 
the following: 
‘‘(E) SPECIAL RULE FOR QUALIFIED ALIEN 
VICTIMS.—Subparagraphs (A), (B), and (C) 
shall not apply to an alien who— 
‘‘(i) is a VAWA self-petitioner; 
‘‘(ii) is an applicant for, or is granted, 
nonimmigrant 
status 
under 
section 
101(a)(15)(U); or 
‘‘(iii) is a qualified alien described in 
section 431(c) of the Personal Responsibility 
and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1641(c)).’’. 
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162 
SEC. 810. AGE-OUT PROTECTION FOR U VISA APPLICANTS. 
Section 214(p) of the Immigration and Nationality 
Act (8 U.S.C. 1184(p)) is amended by adding at the end 
the following: 
‘‘(7) AGE DETERMINATIONS.— 
‘‘(A) CHILDREN.—An unmarried alien who 
seeks to accompany, or follow to join, a parent 
granted status under section 101(a)(15)(U)(i), 
and who was under 21 years of age on the date 
on which such parent petitioned for such status, 
shall continue to be classified as a child for pur-
poses of section 101(a)(15)(U)(ii), if the alien at-
tains 21 years of age after such parent’s petition 
was filed but while it was pending. 
‘‘(B) PRINCIPAL
ALIENS.—An alien de-
scribed in clause (i) of section 101(a)(15)(U) 
shall continue to be treated as an alien described 
in clause (ii)(I) of such section if the alien at-
tains 21 years of age after the alien’s application 
for status under such clause (i) is filed but while 
it is pending.’’. 
SEC. 811. HARDSHIP WAIVERS. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed— 
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163 
(1) in subparagraph (A), by striking the comma 
at the end and inserting a semicolon; 
(2) in subparagraph (B), by striking ‘‘(1), or’’ 
and inserting ‘‘(1); or’’; 
(3) in subparagraph (C), by striking the period 
at the end and inserting a semicolon and ‘‘or’’; and 
(4) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) the alien meets the requirements under 
section 204(a)(1)(A)(iii)(II)(aa)(BB) and fol-
lowing the marriage ceremony was battered by 
or subject to extreme cruelty perpetrated by the 
alien’s intended spouse and was not at fault in 
failing to meet the requirements of paragraph 
(1).’’. 
(b) TECHNICAL CORRECTIONS.—Section 216(c)(4) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1186a(c)(4)), as amended by subsection (a), is further 
amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘The Attorney General, in the Attorney 
General’s’’ and inserting ‘‘The Secretary of Homeland 
Security, in the Secretary’s’’; and 
(2) in the undesignated paragraph at the end— 
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164 
(A) in the first sentence, by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of Home-
land Security’’; 
(B) in the second sentence, by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary’’; 
(C) in the third sentence, by striking ‘‘At-
torney General.’’ and inserting ‘‘Secretary.’’; and 
(D) in the fourth sentence, by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary’’. 
SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL 
SECURITY PURPOSE. 
(a) INFORMATION SHARING.—Section 384(b) of the Il-
legal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1367(b)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘Secretary of Homeland 
Security or the’’ before ‘‘Attorney General may’’; 
and 
(B) by inserting ‘‘Secretary’s or the’’ before 
‘‘Attorney General’s discretion’’; 
(2) in paragraph (2)— 
(A) by inserting ‘‘Secretary of Homeland 
Security or the’’ before ‘‘Attorney General may’’; 
(B) by inserting ‘‘Secretary or the’’ before 
‘‘Attorney General for’’; and 
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165 
(C) by inserting ‘‘in a manner that protects 
the confidentiality of such information’’ after 
‘‘law enforcement purpose’’; 
(3) in paragraph (5), by striking ‘‘Attorney Gen-
eral is’’ and inserting ‘‘Secretary of Homeland Secu-
rity and the Attorney General are’’; and 
(4) by adding at the end a new paragraph as 
follows: 
‘‘(8) Notwithstanding subsection (a)(2), the Sec-
retary of Homeland Security, the Secretary of State, 
or the Attorney General may provide in the discretion 
of either such Secretary or the Attorney General for 
the disclosure of information to national security offi-
cials to be used solely for a national security purpose 
in a manner that protects the confidentiality of such 
information.’’. 
(b) GUIDELINES.—Subsection (d) (as added by section 
817(4) of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005) of section 384 of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1367(d)) is amended by inserting 
‘‘and severe forms of trafficking in persons or criminal ac-
tivity listed in section 101(a)(15)(U) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(u))’’ after ‘‘do-
mestic violence’’. 
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166 
(c) IMPLEMENTATION.—Not later than 180 days after 
the date of enactment of this Act, the Attorney General and 
Secretary of Homeland Security shall provide the guidance 
required by section 384(d) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1367(d)), consistent with the amendments made by sub-
sections (a) and (b). 
(d) CLERICAL AMENDMENT.—Section 384(a)(1) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 is amended by striking ‘‘241(a)(2)’’ in the mat-
ter following subparagraph (F) and inserting ‘‘237(a)(2)’’. 
SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE 
WITH LAW ENFORCEMENT OFFICIALS. 
(a) REQUIREMENT FOR REPORT.—Not later than three 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall submit a report 
to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives 
a report regarding the adjudication of petitions and appli-
cations under section 101(a)(15)(U) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(U)). 
(b) CONTENTS.—The report required by subsection (a) 
shall— 
(1) assess the effectiveness of the requirements set 
out in Section 802 of this Act in ensuring that poten-
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167 
tial U visa recipients aid in the investigation, appre-
hension, and prosecution of criminals; 
(2) determine the effect of the requirements set 
out in Section 802 of this Act, on the number of U 
visas issued annually; and 
(3) determine the effect of the requirements set 
out in Section 802 of this Act, on the number of indi-
viduals seeking U visas. 
SEC. 814. CONSIDERATION OF OTHER EVIDENCE. 
Section 237(a)(2)(E)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)(2)(E)(i)) is amended by 
adding at the end the following: ‘‘If the conviction records 
do not conclusively establish whether a crime of domestic 
violence constitutes a crime of violence (as defined in section 
16 of title 18, United States Code), the Attorney General 
may consider any other evidence that the Attorney General 
determines to be reliable in making this determination, in-
cluding sentencing reports and police reports.’’. 
TITLE IX—SAFETY FOR INDIAN 
WOMEN 
SEC. 901. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 
Section 2015(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–10(a)) 
is amended— 
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168 
(1) in paragraph (2), by inserting ‘‘sex traf-
ficking,’’ after ‘‘sexual assault,’’; 
(2) in paragraph (4), by inserting ‘‘sex traf-
ficking,’’ after ‘‘sexual assault,’’; 
(3) in paragraph (5), by striking ‘‘and stalking’’ 
and all that follows and inserting ‘‘sexual assault, sex 
trafficking, and stalking;’’; 
(4) in paragraph (7)— 
(A) by inserting ‘‘sex trafficking,’’ after 
‘‘sexual assault,’’ each place it appears; and 
(B) by striking ‘‘and’’ at the end; 
(5) in paragraph (8)— 
(A) by inserting ‘‘sex trafficking,’’ after 
‘‘stalking,’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(6) by adding at the end the following: 
‘‘(9) provide services to address the needs of 
youth who are victims of domestic violence, dating vi-
olence, sexual assault, sex trafficking, or stalking and 
the needs of children exposed to domestic violence, 
dating violence, sexual assault, or stalking, including 
support for the nonabusing parent or the caretaker of 
the child; and 
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169 
‘‘(10) develop and promote legislation and poli-
cies that enhance best practices for responding to vio-
lent crimes against Indian women, including the 
crimes of domestic violence, dating violence, sexual as-
sault, sex trafficking, and stalking.’’. 
SEC. 902. GRANTS TO INDIAN TRIBAL COALITIONS. 
Section 2001(d) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) developing and promoting State, local, 
or tribal legislation and policies that enhance 
best practices for responding to violent crimes 
against Indian women, including the crimes of 
domestic violence, dating violence, sexual assault, 
stalking, and sex trafficking.’’; and 
(2) in paragraph (2)(B), by striking ‘‘individ-
uals or’’. 
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170 
SEC. 903. CONSULTATION. 
Section 903 of the Violence Against Women and De-
partment of Justice Reauthorization Act of 2005 (42 U.S.C. 
14045d) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and the Violence Against 
Women Act of 2000’’ and inserting ‘‘, the Vio-
lence Against Women Act of 2000’’; and 
(B) by inserting ‘‘, and the Violence Against 
Women Reauthorization Act of 2012’’ before the 
period at the end; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Secretary of the Department of 
Health and Human Services’’ and inserting 
‘‘Secretary of Health and Human Services, the 
Secretary of the Interior,’’; and 
(B) in paragraph (2), by striking ‘‘and 
stalking’’ and inserting ‘‘stalking, and sex traf-
ficking’’; and 
(3) by adding at the end the following: 
‘‘(c) ANNUAL REPORT.—The Attorney General shall 
submit to Congress an annual report on the annual con-
sultations required under subsection (a) that— 
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171 
‘‘(1) contains the recommendations made under 
subsection (b) by Indian tribes during the year cov-
ered by the report; 
‘‘(2) describes actions taken during the year cov-
ered by the report to respond to recommendations 
made under subsection (b) during the year or a pre-
vious year; and 
‘‘(3) describes how the Attorney General will 
work in coordination and collaboration with Indian 
tribes, the Secretary of Health and Human Services, 
and the Secretary of the Interior to address the rec-
ommendations made under subsection (b). 
‘‘(d) NOTICE.—Not later than 120 days before the date 
of a consultation under subsection (a), the Attorney General 
shall notify tribal leaders of the date, time, and location 
of the consultation.’’. 
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 
INDIAN WOMEN. 
(a) IN GENERAL.—Section 904(a) of the Violence 
Against Women and Department of Justice Reauthorization 
Act of 2005 (42 U.S.C. 3796gg–10 note) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘The National’’ and insert-
ing ‘‘Not later than 2 years after the date of en-
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172 
actment of the Violence Against Women Reau-
thorization Act of 2012, the National’’; and 
(B) by inserting ‘‘and in Native villages (as 
defined in section 3 of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602))’’ before the pe-
riod at the end; 
(2) in paragraph (2)(A)— 
(A) in clause (iv), by striking ‘‘and’’ at the 
end; 
(B) in clause (v), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(vi) sex trafficking.’’; 
(3) in paragraph (4), by striking ‘‘this Act’’ and 
inserting ‘‘the Violence Against Women Reauthoriza-
tion Act of 2012’’; and 
(4) in paragraph (5), by striking ‘‘this section 
$1,000,000 for each of fiscal years 2007 and 2008’’ 
and inserting ‘‘this subsection $1,000,000 for each of 
fiscal years 2013 and 2014’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
905(b)(2) of the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) 
is amended by striking ‘‘fiscal years 2007 through 2011’’ 
and inserting ‘‘fiscal years 2013 through 2017’’. 
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173 
SEC. 905. ASSISTANT UNITED STATES ATTORNEY DOMESTIC 
VIOLENCE TRIBAL LIAISONS. 
(a) APPOINTMENT.—The Attorney General is author-
ized and encouraged to appoint the Assistant United States 
Attorney Tribal Liaison appointed in each judicial district 
that includes Indian country to also serve as a domestic 
violence tribal liaison. 
(b) DUTIES.—The duties of a domestic violence tribal 
liaison appointed under this section shall include the fol-
lowing: 
(1) Encouraging and assisting in arrests and 
Federal prosecution for crimes, including mis-
demeanor crimes, of domestic violence, dating vio-
lence, sexual assault, and stalking that occur in In-
dian country. 
(2) Conducting training sessions for tribal law 
enforcement officers and other individuals and enti-
ties responsible for responding to crimes in Indian 
country to ensure that such officers, individuals, and 
entities understand their arrest authority over non- 
Indian offenders. 
(3) Developing multidisciplinary teams to com-
bat domestic and sexual violence offenses against In-
dians by non-Indians. 
(4) Consulting and coordinating with tribal jus-
tice officials and victims’ advocates to address any 
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174 
backlog in the prosecution of crimes, including mis-
demeanor crimes, of domestic violence, dating vio-
lence, sexual assault, and stalking that occur in In-
dian country. 
(5) Developing working relationships and main-
taining communication with tribal leaders, tribal 
community and victims’ advocates, and tribal justice 
officials to gather information from, and share appro-
priate information with, tribal justice officials. 
(c) INDIAN COUNTRY.—In this section, the term ‘‘In-
dian country’’ has the meaning given such term in section 
1151 of title 18. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
TITLE X—CRIMINAL PROVISIONS 
SEC. 1001. CRIMINAL PROVISIONS RELATING TO SEXUAL 
ABUSE. 
(a) SEXUAL ABUSE OF A MINOR OR WARD.—Section 
2243(b) of title 18, United States Code, is amended to read 
as follows: 
‘‘(b) OF A WARD.— 
‘‘(1) OFFENSES.—It shall be unlawful for any 
person to knowingly engage, or knowingly attempt to 
engage, in a sexual act with another person who is— 
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175 
‘‘(A) in official detention or supervised by, 
or otherwise under the control of, the United 
States— 
‘‘(i) during arrest; 
‘‘(ii) during pretrial release; 
‘‘(iii) while in official detention or cus-
tody; or 
‘‘(iv) while on probation, supervised 
release, or parole; 
‘‘(B) under the professional custodial, su-
pervisory, or disciplinary control or authority of 
the person engaging or attempting to engage in 
the sexual act; and 
‘‘(C) at the time of the sexual act— 
‘‘(i) in the special maritime and terri-
torial jurisdiction of the United States; 
‘‘(ii) in a Federal prison, or in any 
prison, institution, or facility in which per-
sons are held in custody by direction of, or 
pursuant to a contract or agreement with, 
the United States; or 
‘‘(iii) under supervision or other con-
trol by the United States, or by direction of, 
or pursuant to a contract or agreement 
with, the United States. 
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176 
‘‘(2) PENALTIES.—Whoever violates paragraph 
(1)(A) shall— 
‘‘(A) be fined under this title, imprisoned 
for not more than 15 years, or both; and 
‘‘(B) if, in the course of committing the vio-
lation of paragraph (1), the person engages in 
conduct that would constitute an offense under 
section 2241 or 2242 if committed in the special 
maritime and territorial jurisdiction of the 
United States, be subject to the penalties pro-
vided for under section 2241 or 2242, respec-
tively.’’. 
(b) PENALTIES FOR SEXUAL ABUSE.— 
(1) IN GENERAL.—Chapter 13 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 250. Penalties for sexual abuse 
‘‘(a) OFFENSE.—It shall be unlawful for any person, 
in the course of committing an offense under this chapter 
or under section 901 of the Fair Housing Act (42 U.S.C. 
3631) to engage in conduct that would constitute an offense 
under chapter 109A if committed in the special maritime 
and territorial jurisdiction of the United States. 
‘‘(b) PENALTIES.—A person that violates subsection 
(a) shall be subject to the penalties under the provision of 
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177 
chapter 109A that would have been violated if the conduct 
was committed in the special maritime and territorial ju-
risdiction of the United States, unless a greater penalty is 
otherwise authorized by law.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 13 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘250. Penalties for sexual abuse.’’. 
SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SETTINGS. 
(a) SUITS BY PRISONERS.—Section 7(e) of the Civil 
Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e)) 
is amended by inserting before the period at the end the 
following: ‘‘or the commission of a sexual act (as defined 
in section 2246 of title 18, United States Code)’’. 
(b) 
UNITED
STATES
AS
DEFENDANT.—Section 
1346(b)(2) of title 28, United States Code, is amended by 
inserting before the period at the end the following: ‘‘or the 
commission of a sexual act (as defined in section 2246 of 
title 18)’’. 
(c) ADOPTION
AND EFFECT
OF NATIONAL STAND-
ARDS.—Section 8 of the Prison Rape Elimination Act of 
2003 (42 U.S.C. 15607) is amended— 
(1) by redesignating subsection (c) as subsection 
(e); and 
(2) by inserting after subsection (b) the fol-
lowing: 
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178 
‘‘(c) APPLICABILITY TO DETENTION FACILITIES OPER-
ATED BY THE DEPARTMENT OF HOMELAND SECURITY.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of the Violence Against 
Women Reauthorization Act of 2012, the Secretary of 
Homeland Security shall publish a final rule adopt-
ing national standards for the detection, prevention, 
reduction, and punishment of rape and sexual assault 
in facilities that maintain custody of aliens detained 
for a violation of the immigrations laws of the United 
States. 
‘‘(2) APPLICABILITY.—The standards adopted 
under paragraph (1) shall apply to detention facili-
ties operated by the Department of Homeland Secu-
rity and to detention facilities operated under con-
tract with, or pursuant to an intergovernmental serv-
ice agreement with, the Department. 
‘‘(3) COMPLIANCE.—The Secretary of Homeland 
Security shall— 
‘‘(A) assess compliance with the standards 
adopted under paragraph (1) on a regular basis; 
and 
‘‘(B) include the results of the assessments 
in performance evaluations of facilities com-
pleted by the Department of Homeland Security. 
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179 
‘‘(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 OPER-
ATED
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, preven-
tion, reduction, and punishment of rape and sexual 
assault in facilities that maintain custody of unac-
companied 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 De-
partment. 
‘‘(3) COMPLIANCE.—The Secretary of Health and 
Human Services shall— 
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180 
‘‘(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, harass, 
or intimidate another person, or place another person under 
surveillance with the intent to kill, injure, harass, or in-
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181 
timidate 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 sec-
tion 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 sec-
tion 115), or their spouse or intimate partner; 
shall be punished as provided in subsection (b). 
‘‘(b) The punishment for an offense under this section 
is the same as that for an offense under section 2261, except 
that if— 
‘‘(1) the offense involves conduct in violation of 
a protection order; or 
‘‘(2) the victim of the offense is under the age of 
18 years or over the age of 65 years, the offender has 
reached the age of 18 years at the time the offense was 
committed, and the offender knew or should have 
known that the victim was under the age of 18 years 
or over the age of 65 years; 
the maximum term of imprisonment that may be imposed 
is increased by 5 years over the term of imprisonment other-
wise provided for that offense in section 2261’’. 
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182 
(b) CLERICAL AMENDMENT.—The item relating to sec-
tion 2261A in the table of sections at the beginning of chap-
ter 110A of title 18, United States Code, is amended 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 inserting 
the following: 
‘‘(1) Assault with intent to commit murder or a 
violation of section 2241 or 2242, by a fine under this 
title, imprisonment for not more than 20 years, or 
both.’’; 
(B) in paragraph (2), by striking ‘‘felony 
under chapter 109A’’ and inserting ‘‘violation of 
section 2241 or 2242’’; 
(C) in paragraph (3), by striking ‘‘and 
without just cause or excuse,’’; 
(D) in paragraph (4), by striking ‘‘six 
months’’ and inserting ‘‘1 year’’; 
(E) in paragraph (5), by striking ‘‘1 year’’ 
and inserting ‘‘5 years’’; 
(F) in paragraph (7)— 
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183 
(i) by striking ‘‘substantial bodily in-
jury to an individual who has not attained 
the age of 16 years’’ and inserting ‘‘substan-
tial bodily injury to a spouse or intimate 
partner, a dating partner, or an individual 
who has not attained the age of 16 years’’; 
and 
(ii) by striking ‘‘fine’’ and inserting ‘‘a 
fine’’; and 
(G) by adding at the end the following: 
‘‘(8) Assault of a spouse, intimate partner, or 
dating partner by strangling, suffocating, or attempt-
ing 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; 
(C) in paragraph (2), by striking the period 
at the end and inserting a semicolon; and 
(D) by adding at the end the following: 
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184 
‘‘(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 re-
sults in any visible injury or whether there is any in-
tent 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’’. 
SEC. 1005. MANDATORY MINIMUM SENTENCE. 
Section 2241 of title 18, United States Code, is amend-
ed— 
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185 
(1) in subsection (a), in the undesignated matter 
following paragraph (2), by striking ‘‘any term of 
years or life’’ and inserting ‘‘not less than 10 years 
or imprisoned for life’’; and 
(2) in subsection (b), in the undesignated matter 
following paragraph (2), by striking ‘‘any term of 
years or life’’ and inserting ‘‘not less than 5 years or 
imprisoned for life’’. 
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Union Calendar No. 336 
112TH CONGRESS 
2D SESSION 
H. R. 4970 
[Report No. 112–480, Part I] 
A BILL 
To reauthorize the Violence Against Women Act of 
1994. 
MAY 15, 2012 
Reported from the Committee on the Judiciary with an 
amendment 
MAY 15, 2012 
The Committees on Energy and Commerce, Education 
and the Workforce, and Financial Services discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
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