115 
treatment, and any other approach to pa-
tient care will be informed by an under-
standing of violence and abuse victimiza-
tion and trauma-specific approaches that 
will be integrated into prevention, interven-
tion, and treatment activities; 
‘‘(ii) strategies for the development 
and implementation of policies to prevent 
and address domestic violence, dating vio-
lence, sexual assault, and stalking over the 
lifespan in health care settings; 
‘‘(iii) a plan for consulting with State 
and tribal domestic violence or sexual as-
sault coalitions, national nonprofit victim 
advocacy organizations, State or tribal law 
enforcement task forces (where appro-
priate), and population-specific organiza-
tions with demonstrated expertise in ad-
dressing domestic violence, dating violence, 
sexual assault, or stalking; 
‘‘(iv) with respect to an application 
for a grant under which the grantee will 
have contact with patients, a plan, devel-
oped in collaboration with local victim serv-
ice providers, to respond appropriately to
116 
and make correct referrals for individuals 
who disclose that they are victims of do-
mestic violence, dating violence, sexual as-
sault, stalking, or other types of violence, 
and documentation provided by the grantee 
of an ongoing collaborative relationship 
with a local victim service provider; and 
‘‘(v) with respect to an application for 
a grant proposing to fund a program de-
scribed in subsection (b)(2)(C)(ii), a cer-
tification that any sexual assault forensic 
medical examination and sexual assault 
nurse examiner programs supported with 
such grant funds will adhere to the guide-
lines set forth by the Attorney General. 
‘‘(d) ELIGIBLE ENTITIES.— 
‘‘(1) IN GENERAL.—To be eligible to receive 
funding under paragraph (1) or (2) of subsection 
(a), an entity shall be— 
‘‘(A) a nonprofit organization with a his-
tory of effective work in the field of training 
health professionals with an understanding of, 
and clinical skills pertinent to, domestic vio-
lence, dating violence, sexual assault, or stalk-
117 
ing, and lifetime exposure to violence and 
abuse; 
‘‘(B) an accredited school of allopathic or 
osteopathic medicine, psychology, nursing, den-
tistry, social work, or allied health; 
‘‘(C) a health care provider membership or 
professional organization, or a health care sys-
tem; or 
‘‘(D) a State, tribal, territorial, or local en-
tity. 
‘‘(2) SUBSECTION (a)(3) GRANTEES.—To be eli-
gible to receive funding under subsection (a)(3), an 
entity shall be— 
‘‘(A) a State department (or other divi-
sion) of health, a State, tribal, or territorial do-
mestic violence or sexual assault coalition or 
victim service provider, or any other nonprofit, 
nongovernmental organization with a history of 
effective work in the fields of domestic violence, 
dating violence, sexual assault, or stalking, and 
health care, including physical or mental health 
care; or 
‘‘(B) a local victim service provider, a local 
department (or other division) of health, a local 
health clinic, hospital, or health system, or any
118 
other community-based organization with a his-
tory of effective work in the field of domestic vi-
olence, dating violence, sexual assault, or stalk-
ing and health care, including physical or men-
tal health care. 
‘‘(e) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—Of the funds made avail-
able to carry out this section for any fiscal year, the 
Secretary may make grants or enter into contracts 
to provide technical assistance with respect to the 
planning, development, and operation of any pro-
gram, activity or service carried out pursuant to this 
section. Not more than 8 percent of the funds ap-
propriated under this section in each fiscal year may 
be used to fund technical assistance under this sub-
section. 
‘‘(2) AVAILABILITY OF MATERIALS.—The Sec-
retary shall make publicly available materials devel-
oped by grantees under this section, including mate-
rials on training, best practices, and research and 
evaluation. 
‘‘(3) REPORTING.—The Secretary shall publish 
a biennial report on— 
‘‘(A) the distribution of funds under this 
section; and
119 
‘‘(B) the programs and activities supported 
by such funds. 
‘‘(f) RESEARCH AND EVALUATION.— 
‘‘(1) IN GENERAL.—Of the funds made avail-
able to carry out this section for any fiscal year, the 
Secretary may use not more than 20 percent to 
make a grant or enter into a contract for research 
and evaluation of— 
‘‘(A) grants awarded under this section; 
and 
‘‘(B) other training for health professionals 
and effective interventions in the health care 
setting that prevent domestic violence, dating 
violence, and sexual assault across the lifespan, 
prevent the health effects of such violence, and 
improve the safety and health of individuals 
who are currently being victimized. 
‘‘(2) RESEARCH.—Research authorized in para-
graph (1) may include— 
‘‘(A) research on the effects of domestic vi-
olence, dating violence, sexual assault, and 
childhood exposure to domestic violence, dating 
violence, or sexual assault on health behaviors, 
health conditions, and health status of individ-
120 
uals, families, and populations, including under-
served populations; 
‘‘(B) research to determine effective health 
care interventions to respond to and prevent do-
mestic violence, dating violence, sexual assault, 
and stalking; 
‘‘(C) research on the impact of domestic, 
dating, and sexual violence, childhood exposure 
to such violence, and stalking on the health care 
system, health care utilization, health care 
costs, and health status; and 
‘‘(D) research on the impact of adverse 
childhood experiences on adult experience with 
domestic violence, dating violence, sexual as-
sault, stalking, and adult health outcomes, in-
cluding how to reduce or prevent the impact of 
adverse childhood experiences through the 
health care setting. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2013 through 2017. 
‘‘(h) DEFINITIONS.—Except as otherwise provided in 
this section, the definitions in section 40002 of the Vio-
lence Against Women Act of 1994 apply to this section.’’. 
(b) REPEALS.—The following provisions are repealed:
121 
(1) Chapter 11 of subtitle B of the Violence 
Against Women Act of 1994 (relating to research on 
effective interventions to address violence; 42 U.S.C. 
13973; as added by section 505 of Public Law 109– 
162 (119 Stat. 3028)). 
(2) Section 758 of the Public Health Service 
Act (42 U.S.C. 294h). 
TITLE VI—SAFE HOMES FOR VIC-
TIMS 
OF 
DOMESTIC 
VIO-
LENCE, 
DATING 
VIOLENCE, 
SEXUAL 
ASSAULT, 
AND 
STALKING 
SEC. 601. HOUSING PROTECTIONS FOR VICTIMS OF DOMES-
TIC VIOLENCE, DATING VIOLENCE, SEXUAL 
ASSAULT, AND STALKING. 
(a) AMENDMENT.—Subtitle N of the Violence 
Against Women Act of 1994 (42 U.S.C. 14043e et seq.) 
is amended— 
(1) by inserting after the subtitle heading the 
following: 
‘‘CHAPTER 1—GRANT PROGRAMS’’; 
(2) in section 41402 (42 U.S.C. 14043e–1), in 
the matter preceding paragraph (1), by striking 
‘‘subtitle’’ and inserting ‘‘chapter’’;
122 
(3) in section 41403 (42 U.S.C. 14043e–2), in 
the matter preceding paragraph (1), by striking 
‘‘subtitle’’ and inserting ‘‘chapter’’; and 
(4) by adding at the end the following: 
‘‘CHAPTER 2—HOUSING RIGHTS 
‘‘SEC. 41411. HOUSING PROTECTIONS FOR VICTIMS OF DO-
MESTIC VIOLENCE, DATING VIOLENCE, SEX-
UAL ASSAULT, AND STALKING. 
‘‘(a) DEFINITIONS.—In this chapter: 
‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af-
filiated individual’ means, with respect to an indi-
vidual— 
‘‘(A) a spouse, parent, brother, sister, or 
child of that individual, or an individual to 
whom that individual stands in loco parentis; or 
‘‘(B) any individual, tenant, or lawful occu-
pant living in the household of that individual. 
‘‘(2) APPROPRIATE AGENCY.—The term ‘appro-
priate agency’ means, with respect to a covered 
housing program, the Executive department (as de-
fined in section 101 of title 5, United States Code) 
that carries out the covered housing program. 
‘‘(3) COVERED HOUSING PROGRAM.—The term 
‘covered housing program’ means—
123 
‘‘(A) the program under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q); 
‘‘(B) the program under section 811 of the 
Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 8013); 
‘‘(C) the program under subtitle D of title 
VIII of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12901 et seq.); 
‘‘(D) each of the programs under title IV 
of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11360 et seq.); 
‘‘(E) the program under subtitle A of title 
II of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12741 et seq.); 
‘‘(F) the program under paragraph (3) of 
section 221(d) of the National Housing Act (12 
U.S.C. 1715l(d)) for insurance of mortgages 
that bear interest at a rate determined under 
the proviso under paragraph (5) of such section 
221(d); 
‘‘(G) the program under section 236 of the 
National Housing Act (12 U.S.C. 1715z–1); 
‘‘(H) the programs under sections 6 and 8 
of the United States Housing Act of 1937 (42 
U.S.C. 1437d and 1437f);
124 
‘‘(I) rural housing assistance provided 
under sections 514, 515, 516, 533, and 538 of 
the Housing Act of 1949 (42 U.S.C. 1484, 
1485, 1486, 1490m, and 1490p–2); and 
‘‘(J) the low-income housing tax credit 
program under section 42 of the Internal Rev-
enue Code of 1986. 
‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI-
NATION OF ASSISTANCE OR EVICTION.— 
‘‘(1) IN GENERAL.—An applicant for or tenant 
of housing assisted under a covered housing program 
may not be denied admission to, denied assistance 
under, terminated from participation in, or evicted 
from the housing program or housing on the basis 
that the applicant or tenant is or has been a victim 
of domestic violence, dating violence, sexual assault, 
or stalking, if the applicant or tenant otherwise 
qualifies for admission, assistance, participation, or 
occupancy. 
‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in-
cident of actual or threatened domestic violence, dat-
ing violence, sexual assault, or stalking shall not be 
construed as— 
‘‘(A) a serious or repeated violation of a 
lease for housing assisted under a covered hous-
125 
ing program by the victim or threatened victim 
of such incident; or 
‘‘(B) good cause for terminating the assist-
ance, tenancy, or occupancy rights to housing 
assisted under a covered housing program of 
the victim or threatened victim of such incident. 
‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL 
ACTIVITY.— 
‘‘(A) DENIAL OF ASSISTANCE, TENANCY, 
AND
OCCUPANCY
RIGHTS
PROHIBITED.—No 
person may deny assistance, tenancy, or occu-
pancy rights to housing assisted under a cov-
ered housing program to a tenant solely on the 
basis of criminal activity directly relating to do-
mestic violence, dating violence, sexual assault, 
or stalking that is engaged in by a member of 
the household of the tenant or any guest or 
other person under the control of the tenant, if 
the tenant or an affiliated individual of the ten-
ant is the victim or threatened victim of such 
domestic violence, dating violence, sexual as-
sault, or stalking. 
‘‘(B) BIFURCATION.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A), a public housing agency
126 
or owner or manager of housing assisted 
under a covered housing program may bi-
furcate a lease for the housing in order to 
evict, remove, or terminate assistance to 
any individual who is a tenant or lawful oc-
cupant of the housing and who engages in 
criminal activity directly relating to domes-
tic violence, dating violence, sexual assault, 
or stalking against an affiliated individual 
or other individual, without evicting, re-
moving, terminating assistance to, or oth-
erwise penalizing a victim of such criminal 
activity who is also a tenant or lawful oc-
cupant of the housing. 
‘‘(ii) EFFECT OF EVICTION ON OTHER 
TENANTS.—If a public housing agency or 
owner or manager of housing assisted 
under a covered housing program evicts, 
removes, or terminates assistance to an in-
dividual under clause (i), and the indi-
vidual is the sole tenant eligible to receive 
assistance under a covered housing pro-
gram, the public housing agency or owner 
or manager of housing assisted under the 
covered housing program shall provide any
127 
remaining tenant an opportunity to estab-
lish eligibility for the covered housing pro-
gram. If a tenant described in the pre-
ceding sentence cannot establish eligibility, 
the public housing agency or owner or 
manager of the housing shall provide the 
tenant a reasonable time, as determined by 
the appropriate agency, to find new hous-
ing or to establish eligibility for housing 
under another covered housing program. 
‘‘(C) RULES OF CONSTRUCTION.—Nothing 
in subparagraph (A) shall be construed— 
‘‘(i) to limit the authority of a public 
housing agency or owner or manager of 
housing assisted under a covered housing 
program, when notified of a court order, to 
comply with a court order with respect 
to— 
‘‘(I) the rights of access to or 
control of property, including civil 
protection orders issued to protect a 
victim of domestic violence, dating vio-
lence, sexual assault, or stalking; or
128 
‘‘(II) the distribution or posses-
sion of property among members of a 
household in a case; 
‘‘(ii) to limit any otherwise available 
authority of a public housing agency or 
owner or manager of housing assisted 
under a covered housing program to evict 
or terminate assistance to a tenant for any 
violation of a lease not premised on the act 
of violence in question against the tenant 
or an affiliated person of the tenant, if the 
public housing agency or owner or man-
ager does not subject an individual who is 
or has been a victim of domestic violence, 
dating violence, sexual assault, or stalking 
to a more demanding standard than other 
tenants in determining whether to evict or 
terminate; 
‘‘(iii) to limit the authority to termi-
nate assistance to a tenant or evict a ten-
ant from housing assisted under a covered 
housing program if a public housing agen-
cy or owner or manager of the housing can 
demonstrate that an actual and imminent 
threat to other tenants or individuals em-
129 
ployed at or providing service to the prop-
erty would be present if the assistance is 
not terminated or the tenant is not evicted; 
or 
‘‘(iv) to supersede any provision of 
any Federal, State, or local law that pro-
vides greater protection than this section 
for victims of domestic violence, dating vio-
lence, sexual assault, or stalking. 
‘‘(c) DOCUMENTATION.— 
‘‘(1) REQUEST
FOR
DOCUMENTATION.—If an 
applicant for, or tenant of, housing assisted under a 
covered housing program represents to a public 
housing agency or owner or manager of the housing 
that the individual is entitled to protection under 
subsection (b), the public housing agency or owner 
or manager may request, in writing, that the appli-
cant or tenant submit to the public housing agency 
or owner or manager a form of documentation de-
scribed in paragraph (3). 
‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— 
‘‘(A) IN GENERAL.—If an applicant or ten-
ant does not provide the documentation re-
quested under paragraph (1) within 14 business 
days after the tenant receives a request in writ-
130 
ing for such certification from a public housing 
agency or owner or manager of housing assisted 
under a covered housing program, nothing in 
this chapter may be construed to limit the au-
thority of the public housing agency or owner or 
manager to— 
‘‘(i) deny admission by the applicant 
or tenant to the covered program; 
‘‘(ii) deny assistance under the cov-
ered program to the applicant or tenant; 
‘‘(iii) terminate the participation of 
the applicant or tenant in the covered pro-
gram; or 
‘‘(iv) evict the applicant, the tenant, 
or a lawful occupant that commits viola-
tions of a lease. 
‘‘(B) EXTENSION.—A public housing agen-
cy or owner or manager of housing may extend 
the 14-day deadline under subparagraph (A) at 
its discretion. 
‘‘(3) FORM OF DOCUMENTATION.—A form of 
documentation described in this paragraph is— 
‘‘(A) a certification form approved by the 
appropriate agency that—
131 
‘‘(i) states that an applicant or tenant 
is a victim of domestic violence, dating vio-
lence, sexual assault, or stalking; 
‘‘(ii) states that the incident of domes-
tic violence, dating violence, sexual assault, 
or stalking that is the ground for protec-
tion under subsection (b) meets the re-
quirements under subsection (b); and 
‘‘(iii) includes the name of the indi-
vidual who committed the domestic vio-
lence, dating violence, sexual assault, or 
stalking, if the name is known and safe to 
provide; 
‘‘(B) a document that— 
‘‘(i) is signed by— 
‘‘(I) an employee, agent, or vol-
unteer of a victim service provider, an 
attorney, a medical professional, or a 
mental health professional from whom 
an applicant or tenant has sought as-
sistance relating to domestic violence, 
dating violence, sexual assault, or 
stalking, or the effects of the abuse; 
and 
‘‘(II) the applicant or tenant; and
132 
‘‘(ii) states under penalty of perjury 
that the individual described in clause 
(i)(I) believes that the incident of domestic 
violence, dating violence, sexual assault, or 
stalking that is the ground for protection 
under subsection (b) meets the require-
ments under subsection (b); 
‘‘(C) a record of a Federal, State, tribal, 
territorial, or local law enforcement agency, 
court, or administrative agency; or 
‘‘(D) at the discretion of a public housing 
agency or owner or manager of housing assisted 
under a covered housing program, a statement 
or other evidence provided by an applicant or 
tenant. 
‘‘(4) CONFIDENTIALITY.—Any information sub-
mitted to a public housing agency or owner or man-
ager under this subsection, including the fact that 
an individual is a victim of domestic violence, dating 
violence, sexual assault, or stalking shall be main-
tained in confidence by the public housing agency or 
owner or manager and may not be entered into any 
shared database or disclosed to any other entity or 
individual, except to the extent that the disclosure 
is—
133 
‘‘(A) requested or consented to by the indi-
vidual in writing; 
‘‘(B) required for use in an eviction pro-
ceeding under subsection (b); or 
‘‘(C) otherwise required by applicable law. 
‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth-
ing in this subsection shall be construed to require 
a public housing agency or owner or manager of 
housing assisted under a covered housing program 
to request that an individual submit documentation 
of the status of the individual as a victim of domes-
tic violence, dating violence, sexual assault, or stalk-
ing. 
‘‘(6) COMPLIANCE
NOT
SUFFICIENT
TO
CON-
STITUTE EVIDENCE OF UNREASONABLE ACT.—Com-
pliance with subsection (b) by a public housing agen-
cy or owner or manager of housing assisted under 
a covered housing program based on documentation 
received under this subsection, shall not be sufficient 
to constitute evidence of an unreasonable act or 
omission by the public housing agency or owner or 
manager or an employee or agent of the public hous-
ing agency or owner or manager. Nothing in this 
paragraph shall be construed to limit the liability of 
a public housing agency or owner or manager of
134 
housing assisted under a covered housing program 
for failure to comply with subsection (b). 
‘‘(7) RESPONSE
TO
CONFLICTING
CERTIFI-
CATION.—If a public housing agency or owner or 
manager of housing assisted under a covered hous-
ing program receives documentation under this sub-
section that contains conflicting information, the 
public housing agency or owner or manager may re-
quire an applicant or tenant to submit third-party 
documentation, as described in subparagraph (B), 
(C), or (D) of paragraph (3). 
‘‘(8) PREEMPTION.—Nothing in this subsection 
shall be construed to supersede any provision of any 
Federal, State, or local law that provides greater 
protection than this subsection for victims of domes-
tic violence, dating violence, sexual assault, or stalk-
ing. 
‘‘(d) NOTIFICATION.— 
‘‘(1) DEVELOPMENT.—The Secretary of Hous-
ing and Urban Development shall develop a notice of 
the rights of individuals under this section, including 
the right to confidentiality and the limits thereof, 
and include such notice in documents required by 
law to be provided to tenants assisted under a cov-
ered housing program.
135 
‘‘(2) PROVISION.—The applicable public hous-
ing agency or owner or manager of housing assisted 
under a covered housing program shall provide the 
notice developed under paragraph (1) to an appli-
cant for or tenant of housing assisted under a cov-
ered housing program— 
‘‘(A) at the time the applicant is denied 
residency in a dwelling unit assisted under the 
covered housing program; 
‘‘(B) at the time the individual is admitted 
to a dwelling unit assisted under the covered 
housing program; and 
‘‘(C) in multiple languages, consistent with 
guidance issued by the Secretary of Housing 
and Urban Development in accordance with Ex-
ecutive Order No. 13166 (42 U.S.C. 2000d–1 
note; relating to access to services for persons 
with limited English proficiency). 
‘‘(e) EMERGENCY RELOCATION AND TRANSFERS.— 
Each appropriate agency shall develop a model emergency 
relocation and transfer plan for voluntary use by public 
housing agencies and owners or managers of housing as-
sisted under a covered housing program that— 
‘‘(1) allows tenants who are victims of domestic 
violence, dating violence, sexual assault, or stalking
136 
to relocate or transfer to another available and safe 
dwelling unit assisted under a covered housing pro-
gram and retain their status as tenants under the 
covered housing program if— 
‘‘(A) the tenant expressly requests to 
move; 
‘‘(B)(i) the tenant reasonably believes that 
the tenant is threatened with imminent harm 
from further violence if the tenant remains 
within the same dwelling unit assisted under a 
covered housing program; or 
‘‘(ii) the sexual assault, domestic violence, 
dating violence, or stalking occurred on the 
premises during the 90-day period preceding 
the request to move; and 
‘‘(C) the tenant has provided documenta-
tion as described in subparagraph (A), (B), (C) 
or (D) of subsection (c)(3) if requested by a 
public housing agency or owner or manager; 
‘‘(2) incorporates reasonable confidentiality 
measures to ensure that the public housing agency 
or owner or manager does not disclose the location 
of the dwelling unit of a tenant to a person that 
commits an act of domestic violence, dating violence, 
sexual assault, or stalking against the tenant;
137 
‘‘(3) describes how the appropriate agency will 
coordinate relocations or transfers between dwelling 
units assisted under a covered housing program; 
‘‘(4) takes into consideration the existing rules 
and regulations of the covered housing program; 
‘‘(5) is tailored to the specific type of the cov-
ered housing program based on the volume and 
availability of dwelling units under the control or 
management of the public housing agency, owner, or 
manager; and 
‘‘(6) provides guidance for use in situations in 
which it is not feasible for an individual public hous-
ing agency, owner, or manager to effectuate a trans-
fer. 
‘‘(f) POLICIES AND PROCEDURES FOR EMERGENCY 
TRANSFER.—The Secretary of Housing and Urban Devel-
opment shall establish policies and procedures under 
which a victim requesting an emergency transfer under 
subsection (e) may receive, subject to the availability of 
tenant protection vouchers for assistance under section 
8(o)(16) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(16)), assistance under such section. 
‘‘(g) IMPLEMENTATION.—The appropriate agency 
with respect to each covered housing program shall imple-
138 
ment this section, as this section applies to the covered 
housing program.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) SECTION 6.—Section 6 of the United States 
Housing Act of 1937 (42 U.S.C. 1437d) is amend-
ed— 
(A) in subsection (c)— 
(i) by striking paragraph (3); and 
(ii) by redesignating paragraphs (4) 
and (5) as paragraphs (3) and (4), respec-
tively; 
(B) in subsection (l)— 
(i) in paragraph (5), by striking ‘‘, 
and that an incident’’ and all that follows 
through ‘‘victim of such violence’’; and 
(ii) in paragraph (6), by striking ‘‘; 
except that’’ and all that follows through 
‘‘stalking.’’; and 
(C) by striking subsection (u). 
(2) SECTION 8.—Section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f) is amend-
ed— 
(A) in subsection (c), by striking para-
graph (9); 
(B) in subsection (d)(1)—
139 
(i) in subparagraph (A), by striking 
‘‘and that an applicant’’ and all that fol-
lows through ‘‘assistance or admission’’; 
and 
(ii) in subparagraph (B)— 
(I) in clause (ii), by striking ‘‘, 
and that an incident’’ and all that fol-
lows through ‘‘victim of such vio-
lence’’; and 
(II) in clause (iii), by striking ‘‘, 
except that:’’ and all that follows 
through ‘‘stalking.’’; 
(C) in subsection (f)— 
(i) in paragraph (6), by adding ‘‘and’’ 
at the end; 
(ii) in paragraph (7), by striking the 
semicolon at the end and inserting a pe-
riod; and 
(iii) by striking paragraphs (8), (9), 
(10), and (11); 
(D) in subsection (o)— 
(i) in paragraph (6)(B), by striking 
the last sentence; 
(ii) in paragraph (7)—
140 
(I) in subparagraph (C), by strik-
ing ‘‘and that an incident’’ and all 
that follows through ‘‘victim of such 
violence’’; and 
(II) in subparagraph (D), by 
striking ‘‘; except that’’ and all that 
follows through ‘‘stalking.’’; and 
(iii) by striking paragraph (20); and 
(E) by striking subsection (ee). 
(3) RULE OF CONSTRUCTION.—Nothing in this 
Act, or the amendments made by this Act, shall be 
construed— 
(A) to limit the rights or remedies avail-
able to any person under section 6 or 8 of the 
United States Housing Act of 1937 (42 U.S.C. 
1437d and 1437f), as in effect on the day be-
fore the date of enactment of this Act; 
(B) to limit any right, remedy, or proce-
dure otherwise available under any provision of 
part 5, 91, 880, 882, 883, 884, 886, 891, 903, 
960, 966, 982, or 983 of title 24, Code of Fed-
eral Regulations, that— 
(i) was issued under the Violence 
Against Women and Department of Jus-
tice Reauthorization Act of 2005 (Public
141 
Law 109–162; 119 Stat. 2960) or an 
amendment made by that Act; and 
(ii) provides greater protection for vic-
tims of domestic violence, dating violence, 
sexual assault, and stalking than this Act 
or the amendments made by this Act; or 
(C) to disqualify an owner, manager, or 
other individual from participating in or receiv-
ing the benefits of the low-income housing tax 
credit program under section 42 of the Internal 
Revenue Code of 1986 because of noncompli-
ance with the provisions of this Act or the 
amendments made by this Act. 
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 
FOR VICTIMS OF DOMESTIC VIOLENCE, DAT-
ING 
VIOLENCE, 
SEXUAL 
ASSAULT, 
AND 
STALKING. 
Chapter 11 of subtitle B of the Violence Against 
Women Act of 1994 (42 U.S.C. 13975; as added by sec-
tion 611 of Public Law 108–21 (117 Stat. 693)) is amend-
ed— 
(1) in the chapter heading, by striking 
‘‘CHILD VICTIMS OF DOMESTIC VIO-
LENCE, STALKING, OR SEXUAL AS-
SAULT’’ and inserting ‘‘VICTIMS OF DO-
142 
MESTIC 
VIOLENCE, 
DATING 
VIO-
LENCE, SEXUAL ASSAULT, OR STALK-
ING’’; and 
(2) in section 40299 (42 U.S.C. 13975)— 
(A) in the header, by striking ‘‘CHILD 
VICTIMS OF DOMESTIC VIOLENCE, STALK-
ING, OR
SEXUAL
ASSAULT’’ and inserting 
‘‘VICTIMS OF DOMESTIC VIOLENCE, DAT-
ING
VIOLENCE, 
SEXUAL
ASSAULT, 
OR 
STALKING’’; 
(B) in subsection (a)(1), by striking ‘‘flee-
ing’’; 
(C) by striking subsection (f); and 
(D) in subsection (g)— 
(i) in paragraph (1), by striking 
‘‘$40,000,000 for each of the fiscal years 
2007 
through 
2011’’ 
and 
inserting 
‘‘$35,000,000 for each of fiscal years 2013 
through 2017’’; and 
(ii) in paragraph (3)— 
(I) in subparagraph (A), by strik-
ing ‘‘eligible’’ and inserting ‘‘quali-
fied’’; and 
(II) by adding at the end the fol-
lowing:
143 
‘‘(D) 
QUALIFIED
APPLICATION
DE-
FINED.—In this paragraph, the term ‘qualified 
application’ means an application that— 
‘‘(i) has been submitted by an eligible 
applicant; 
‘‘(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
144 
‘‘$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’’. 
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
CONSID-
ERED.—In acting on applications under this
145 
paragraph, the Attorney General shall consider 
any credible evidence relevant to the applica-
tion, including credible evidence submitted by a 
national of the United States or an alien law-
fully admitted for permanent residence accused 
of the conduct described in subparagraph (A)(i) 
so long as this evidence is not gathered in viola-
tion of section 384 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 
1996.’’. 
(b) APPLICATION OF SPECIAL RULE FOR BATTERED 
SPOUSE, PARENT, OR CHILD.—Section 204(a)(1) of the 
Immigration 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 petition under 
this clause shall be assigned to an investigative 
officer for adjudication and final determination 
of eligibility. 
‘‘(bb) During the adjudication of each peti-
tion under this paragraph, an investigative offi-
cer from a local office of United States Citizen-
ship and Immigration Services shall conduct an 
in-person interview of the alien who filed the
146 
petition. The investigative officer may also 
gather other evidence so long as this evidence is 
not gathered in violation of section 384 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996. The investigative offi-
cer who conducted the in-person interview shall 
provide to the investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility a summary of the inter-
view and any other evidence gathered and a de-
termination of the credibility of the interviewee 
and other evidence gathered. 
‘‘(cc) All interviews under this clause shall 
be conducted under oath and subject to applica-
ble penalties for perjury. 
‘‘(dd) The investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility shall determine whether 
the petitioner had filed previous applications or 
petitions for immigration benefits that had been 
denied and whether the petitioner had been the 
beneficiary of a previous petition filed pursuant 
to this section that had been denied. If either 
was the case, the investigative officer shall con-
147 
sider the denials and the reasons for the denials 
as part of the adjudication of the petition. 
‘‘(ee) The investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility shall as part of the adju-
dication of the petition consult with the inves-
tigative officer at the local office of United 
States Citizenship and Immigration Services 
who had conducted the in-person interview of 
the alien who filed the petition. 
‘‘(ff) Upon the conclusion of the adjudica-
tion process under this subparagraph, the inves-
tigative officer who is responsible for the adju-
dication and final determination of eligibility 
shall issue a final written determination to ap-
prove or deny the petition. The investigative of-
ficer shall not approve the petition unless the 
officer finds, in writing and with particularity, 
that all requirements under this paragraph, in-
cluding proof that the alien is a victim of the 
conduct described in clause (iii)(I)(bb), have 
been proven by a preponderance of the evidence. 
‘‘(IV) During the adjudication of a petition 
under this clause—
148 
‘‘(aa) the petition shall not be granted 
unless the petition is supported by a pre-
ponderance of the evidence; and 
‘‘(bb) all credible evidence submitted 
by an accused national of the United 
States or alien lawfully admitted for per-
manent residence shall be considered so 
long as this evidence was not gathered in 
violation of section 384 of the Illegal Im-
migration Reform and Immigrant Respon-
sibility Act of 1996. 
‘‘(V)(aa) During the adjudication of a peti-
tion under this paragraph, the investigative offi-
cer who is responsible for the adjudication and 
final determination of eligibility shall determine 
whether any Federal, State, territorial, tribal, 
or local law enforcement agency has undertaken 
an investigation or prosecution of the abusive 
conduct alleged by the petitioning alien. 
‘‘(bb) If an investigation or prosecution 
was commenced, the investigative officer shall— 
‘‘(AA) obtain as much information as 
possible about the investigation or prosecu-
tion; and
149 
‘‘(BB) consider that information as 
part of the adjudication of the petition. 
‘‘(cc) If an investigation or prosecution is 
pending, the adjudication of the petition shall 
be stayed pending the conclusion of the inves-
tigation or prosecution. 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 adju-
dication of the petition. 
‘‘(VI) If a petition filed under this para-
graph is denied, any obligations under an un-
derlying affidavit of support previously filed by 
the accused national of the United States or 
alien lawfully admitted for permanent residence 
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 continuation text: 
‘‘The petition shall be adjudicated according to the proce-
dures that apply to self-petitioners under clause (iii).’’.
150 
(4) in subparagraph (B)(ii), by inserting after 
subclause (II) the following: 
‘‘(III)(aa) Upon filing, each petition under 
this clause shall be assigned to an investigative 
officer for adjudication and final determination 
of eligibility. 
‘‘(bb) During the adjudication of each peti-
tion under this paragraph, an investigative offi-
cer from a local office of United States Citizen-
ship and Immigration Services shall conduct an 
in-person interview of the alien who filed the 
petition. The investigative officer may also 
gather other evidence so long as this evidence is 
not gathered in violation of section 384 of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996. The investigative offi-
cer who conducted the in-person interview shall 
provide to the investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility a summary of the inter-
view and any other evidence gathered and a de-
termination of the credibility of the interviewee 
and other evidence gathered.
151 
‘‘(cc) All interviews under this clause shall 
be conducted under oath and subject to applica-
ble penalties for perjury. 
‘‘(dd) The investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility shall determine whether 
the petitioner had filed previous applications or 
petitions for immigration benefits that had been 
denied and whether the petitioner had been the 
beneficiary of a previous petition filed pursuant 
to this section that had been denied. If either 
was the case, the investigative officer shall con-
sider the denials and the reasons for the denials 
as part of the adjudication of the petition. 
‘‘(ee) The investigative officer who is re-
sponsible for the adjudication and final deter-
mination of eligibility shall as part of the adju-
dication of the petition consult with the inves-
tigative officer at the local office of United 
States Citizenship and Immigration Services 
who had conducted the in-person interview of 
the alien who filed the petition. 
‘‘(ff) Upon the conclusion of the adjudica-
tion process under this subparagraph, the inves-
tigative officer who is responsible for the adju-
152 
dication and final determination of eligibility 
shall issue a final written determination to ap-
prove or deny the petition. The investigative of-
ficer shall not approve the petition unless the 
officer finds, in writing and with particularity, 
that all requirements under this paragraph, in-
cluding proof that the alien is a victim of the 
conduct described in clause (ii)(I)(bb), have 
been proven by a preponderance of the evidence. 
‘‘(IV) During the adjudication of a petition 
under this clause— 
‘‘(aa) the petition shall not be granted 
unless the petition is supported by a pre-
ponderance of the evidence; and 
‘‘(bb) all credible evidence submitted 
by an accused national of the United 
States or alien lawfully admitted for per-
manent residence shall be considered so 
long as this evidence was not gathered in 
violation of section 384 of the Illegal Im-
migration Reform and Immigrant Respon-
sibility Act of 1996. 
‘‘(V)(aa) During the adjudication of a peti-
tion under this clause, the investigative officer 
who is responsible for the adjudication and final
153 
determination of eligibility shall determine 
whether any Federal, State, territorial, tribal, 
or local law enforcement agency has undertaken 
an investigation or prosecution of the abusive 
conduct alleged by the petitioning alien. 
‘‘(bb) If an investigation or prosecution 
was commenced, the investigative officer shall— 
‘‘(AA) obtain as much information as 
possible about the investigation or prosecu-
tion; and 
‘‘(BB) consider that information as 
part of the adjudication of the petition. 
‘‘(cc) If an investigation or prosecution is 
pending, the adjudication of the petition shall 
be stayed pending the conclusion of the inves-
tigation or prosecution. 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 adju-
dication of the petition. 
‘‘(VI) If a petition filed under this clause 
is denied, any obligations under an underlying 
affidavit of support previously filed by the ac-
cused national of the United States or alien
154 
lawfully admitted for permanent residence shall 
be terminated.’’; and 
(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 APPLI-
CABLE 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.
155 
‘‘(C) 
REQUIREMENT
FOR
CERTIFI-
CATION.—No application for a visa under sec-
tion 101(a)(15)(U) may be granted unless ac-
companied 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
156 
petitioner related to any specified crime de-
scribed in subsection (5)(B)(i).’’; and 
(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 
BROKERS.—Section 833(d) of the International Marriage
157 
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: 
‘‘(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 
requirements of subparagraph (A), an inter-
national marriage broker shall— 
‘‘(i) obtain a valid copy of each for-
eign national client’s birth certificate or 
other proof of age document issued by an 
appropriate 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
158 
‘‘(iv) produce such certificate or docu-
ment upon request to an appropriate au-
thority charged with the enforcement of 
this paragraph.’’. 
(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 
Committee on the Judiciary of the Senate and the Com-
mittee 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)) and the 
self-petitioning process for VAWA self-petitioners (as that 
term is defined in section 101(a)(51) of the Immigration 
and Nationality 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 
safeguards against fraud and abuse; and
159 
(2) identify possible improvements to the adju-
dications of petitions and applications in order to re-
duce fraud and abuse. 
SEC. 806. TEMPORARY NATURE OF U VISA STATUS. 
(a) IN GENERAL.—Section 245(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1255(m)) is amended 
by striking ‘‘the alien is not described’’ and inserting ‘‘the 
individual who was convicted of the criminal activity re-
ferred to in section 101(a)(15)(U)(i)(I) that was the basis 
for the alien being admitted into the United States (or 
otherwise provided nonimmigrant status) under section 
101(a)(15)(U) was himself or herself an alien and has 
been physically removed to the foreign state of which the 
alien 
with 
nonimmigrant 
status 
under 
section 
101(a)(15)(U) is a national, and if the alien with non-
immigrant status under section 101(a)(15)(U) is not de-
scribed’’. 
(b) DURATION OF NONIMMIGRANT STATUS.—Section 
214(p)(6) of such Act (8 U.S.C. 1184(p)(6)) is amended 
by striking ‘‘if the alien is eligible for relief under section 
245(m) and is unable to obtain such relief because regula-
tions have not been issued to implement such section and 
shall be extended’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to applications for adjustment of
160 
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. 
SEC. 807. ANNUAL REPORT ON IMMIGRATION APPLICA-
TIONS MADE BY VICTIMS OF ABUSE. 
Not later than December 1, 2012, and annually 
thereafter, the Secretary of Homeland Security shall sub-
mit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives 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 Im-
migration and Nationality Act (8 U.S.C. 
1101(a)) during the preceding fiscal year; 
(B) were granted such nonimmigrant sta-
tus 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
161 
for such nonimmigrant status and the issuance of 
work authorization to an eligible applicant during 
the preceding fiscal year. 
(4) The number of aliens granted continued 
presence 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 pre-
ceding 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 
application 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.
162 
SEC. 808. PROTECTION FOR CHILDREN OF VAWA SELF-PE-
TITIONERS. 
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; 
(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 pend-
ing or approved petition for classification or ap-
plication for adjustment of status or other ben-
efit 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
163 
‘‘(iii) is a qualified alien described in 
section 431(c) of the Personal Responsi-
bility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1641(c)).’’. 
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 
attains 21 years of age after such parent’s peti-
tion 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 de-
scribed in clause (ii)(I) of such section if the 
alien attains 21 years of age after the alien’s 
application for status under such clause (i) is 
filed but while it is pending.’’.
164 
SEC. 811. HARDSHIP WAIVERS. 
Section 216(c)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1186a(c)(4)) is amended— 
(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 
following 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 para-
graph (1).’’. 
SEC. 812. DISCLOSURE OF INFORMATION FOR NATIONAL 
SECURITY PURPOSE. 
(a) INFORMATION SHARING.—Section 384(b) of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1367(b)) is amended— 
(1) in paragraph (1)—
165 
(A) by inserting ‘‘Secretary of Homeland 
Security or the’’ before ‘‘Attorney General 
may’’; and 
(B) by inserting ‘‘Secretary’s or the’’ be-
fore ‘‘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 
(C) by inserting ‘‘in a manner that pro-
tects the confidentiality of such information’’ 
after ‘‘law enforcement purpose’’; 
(3) in paragraph (5), by striking ‘‘Attorney 
General is’’ and inserting ‘‘Secretary of Homeland 
Security and the Attorney General are’’; and 
(4) by adding at the end a new paragraph as 
follows: 
‘‘(8) Notwithstanding subsection (a)(2), the 
Secretary 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 officials to be used solely for a national se-
166 
curity purpose in a manner that protects the con-
fidentiality of such information.’’. 
(b) GUIDELINES.—Subsection (d) (as added by sec-
tion 817(4) of the Violence Against Women and Depart-
ment of Justice Reauthorization Act of 2005) of section 
384 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1367(d)) is amended 
by inserting ‘‘and severe forms of trafficking in persons 
or criminal activity listed in section 101(a)(15)(U) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(u))’’ after ‘‘domestic violence’’. 
(c) IMPLEMENTATION.—Not later than 180 days 
after the date of enactment of this Act, the Attorney Gen-
eral and Secretary of Homeland Security shall provide the 
guidance required by section 384(d) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1367(d)), consistent with the amendments made 
by subsections (a) and (b). 
(d) CLERICAL AMENDMENT.—Section 384(a)(1) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 is amended by striking ‘‘241(a)(2)’’ in 
the matter following subparagraph (F) and inserting 
‘‘237(a)(2)’’.
167 
SEC. 813. GAO REPORT ON REQUIREMENTS TO COOPERATE 
WITH LAW ENFORCEMENT OFFICIALS. 
(a) REQUIREMENT FOR REPORT.—Not later than 3 
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 Representa-
tives a report regarding the adjudication of petitions and 
applications under section 101(a)(15)(U) of the Immigra-
tion 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 
potential U visa recipients aid in the investigation, 
apprehension, 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 in-
dividuals 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
168 
do not conclusively establish whether a crime of domestic 
violence constitutes a crime of violence (as defined in sec-
tion 16 of title 18, United States Code), the Attorney Gen-
eral may consider any other evidence that the Attorney 
General determines to be reliable in making this deter-
mination, including sentencing reports and police re-
ports.’’. 
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— 
(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)—
169 
(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 
violence, sexual assault, sex trafficking, or stalking 
and the needs of children exposed to domestic vio-
lence, dating violence, sexual assault, or stalking, in-
cluding support for the nonabusing parent or the 
caretaker of the child; and 
‘‘(10) develop and promote legislation and poli-
cies that enhance best practices for responding to 
violent crimes against Indian women, including the 
crimes of domestic violence, dating violence, sexual 
assault, 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;
170 
(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 en-
hance 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’’. 
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)—
171 
(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— 
‘‘(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 
covered by the report to respond to recommenda-
tions made under subsection (b) during the year or 
a previous 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).
172 
‘‘(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 Reauthoriza-
tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend-
ed— 
(1) in paragraph (1)— 
(A) by striking ‘‘The National’’ and insert-
ing ‘‘Not later than 2 years after the date of 
enactment of the Violence Against Women Re-
authorization 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))’’ be-
fore the period 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:
173 
‘‘(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 Depart-
ment 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’’. 
SEC. 905. ASSISTANT UNITED STATES ATTORNEY DOMES-
TIC 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 do-
mestic violence tribal liaison. 
(b) DUTIES.—The duties of a domestic violence tribal 
liaison appointed under this section shall include the fol-
lowing:
174 
(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 
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 ap-
propriate information with, tribal justice officials.
175 
(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 
necessary 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— 
‘‘(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;
176 
‘‘(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. 
‘‘(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 
violation 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
177 
the United States, be subject to the penalties 
provided for under section 2241 or 2242, re-
spectively.’’. 
(b) PENALTIES FOR SEXUAL ABUSE.— 
(1) IN
GENERAL.—Chapter 13 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 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 of-
fense under chapter 109A if committed in the special mar-
itime 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 chapter 109A that would have been violated if the con-
duct was committed in the special maritime and territorial 
jurisdiction 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.’’.
178 
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 sub-
section (e); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) APPLICABILITY TO DETENTION FACILITIES OP-
ERATED BY THE DEPARTMENT OF HOMELAND SECU-
RITY.— 
‘‘(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 
adopting national standards for the detection, pre-
179 
vention, reduction, and punishment of rape and sex-
ual 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 
service agreement with, the Department. 
‘‘(3) COMPLIANCE.—The Secretary of Home-
land 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 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).
180 
‘‘(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. 
‘‘(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-
181 
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: 
‘‘§ 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-
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,
182 
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; 
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.’’.
183 
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’’; 
(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-
184 
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; 
(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
185 
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’’. 
SEC. 1005. MANDATORY MINIMUM SENTENCE. 
Section 2241 of title 18, United States Code, is 
amended— 
(1) in subsection (a), in the undesignated mat-
ter 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 mat-
ter following paragraph (2), by striking ‘‘any term
186 
of years or life’’ and inserting ‘‘not less than 5 years 
or imprisoned for life’’. 
SEC. 1006. FEDERAL PROTECTION ORDERS. 
(a) FEDERAL PROTECTION ORDERS.—Chapter 110A 
of title 18, United States Code, is amended by inserting 
after section 2262 the following: 
‘‘§ 2262A. Federal domestic violence protection orders 
involving Indians and Indian country 
‘‘(a) PETITION FOR PROTECTION ORDER.— 
‘‘(1) IN GENERAL.—A victim of an act of do-
mestic violence, or an Indian tribe as parens patriae 
on behalf of the victim of an act of domestic vio-
lence, may petition a district court of the United 
States to issue a protection order against the person 
(whether an Indian or a non-Indian) who is alleged 
to have committed the act of domestic violence if— 
‘‘(A) the victim is an Indian or a minor 
who resides with or is in the care and custody 
of an Indian; 
‘‘(B) the victim resides or is employed at 
a place located in the Indian country of the In-
dian tribe that files the petition; and 
‘‘(C) the person against whom the order is 
sought is alleged to have committed an act of 
domestic violence in the Indian country.
187 
‘‘(2) CONTENTS OF PETITION.—A petition filed 
under this section shall contain— 
‘‘(A) the facts that meet the requirements 
under paragraph (1); 
‘‘(B) the name of each victim on whose be-
half the protection order is sought; 
‘‘(C) the name and, if known, the residen-
tial address of the person against whom the 
order is sought; 
‘‘(D) a detailed description of the alleged 
act of domestic violence, including the date or 
approximate date and the location of the act of 
domestic violence; and 
‘‘(E) the relief sought. 
‘‘(3) ISSUANCE OF PROTECTION ORDER.—The 
court may issue a protection order in accordance 
with this section and subsections (b) and (c) of sec-
tion 2265 and Rule 65(d)(1) of the Federal Rules 
of Civil Procedure if the court finds that such order 
is reasonably necessary to provide protection against 
violence, threats, or harassment against, contact or 
communication with, or physical proximity to— 
‘‘(A) a spouse or intimate partner who re-
sides or is employed at a location in the Indian
188 
country of the Indian tribe involved in the pro-
ceeding; or 
‘‘(B) a minor who resides with or is in the 
care or custody of a spouse or intimate partner 
who resides or is employed at a location in the 
Indian country. 
‘‘(4) SCOPE
OF
PROTECTION
ORDERS.—Any 
protection order under this section may— 
‘‘(A) prohibit the person against whom the 
order is sought from— 
‘‘(i) threatening to commit or commit-
ting an act of domestic violence against or 
otherwise harassing the spouse or intimate 
partner or minor who resides with or is in 
the care or custody of the spouse or inti-
mate partner; 
‘‘(ii) communicating, directly or indi-
rectly, with the spouse or intimate partner 
or minor who resides with or is in the care 
or custody of the spouse or intimate part-
ner; and 
‘‘(iii) knowingly coming within a spec-
ified distance from the spouse or intimate 
partner or minor who resides with or is in
189 
the care or custody of the spouse or inti-
mate partner; 
‘‘(B) direct the person against whom the 
order is sought to stay away from the residence, 
school, or place of employment of the spouse or 
intimate partner, or any other specified place 
frequented by the spouse or intimate partner, 
regardless of whether the residence, school, 
place of employment, or other specified place is 
located in Indian country; and 
‘‘(C) exclude or bar the person against 
whom the order is sought from the Indian coun-
try of the Indian tribe involved in the pro-
ceeding or any portion or area of that Indian 
country. 
‘‘(5) EMERGENCY EX PARTE ORDERS.—If a pe-
tition requests an emergency ex-parte protection 
order and from the facts alleged in the petition there 
appears to be a danger of a further, imminent act 
of domestic violence against a victim, the court may 
grant an emergency ex-parte protection order 
against the person against whom the order is sought 
in accordance with the requirements of section 
2265(b)(2).
190 
‘‘(6) DURATION
OF
PROTECTION
ORDER.—A 
protection order under this section may be perma-
nent or of such other shorter duration as the court 
determines necessary to protect a victim from a fur-
ther act of domestic violence by the person against 
whom the order is sought. 
‘‘(b) VIOLATION OF PROTECTION ORDER.—A person 
who intentionally violates a protection order under this 
section shall be punished as provided in section 2262(b).’’. 
(b) VIOLATION OF FEDERAL PROTECTION ORDER.— 
Section 2262(b) of title 18, United States Code, is amend-
ed in the matter preceding paragraph (1), by striking 
‘‘this section’’ and inserting ‘‘this section or a protection 
order issued under section 2262A’’. 
(c) DEFINITIONS.—Section 2266 of title 18, United 
States Code, is amended by inserting after paragraph (10) 
the following: 
‘‘(11) ACT OF DOMESTIC VIOLENCE.—The term 
‘act of domestic violence’ means an act or attempted 
act of violence or stalking, or a threatened act of vi-
olence, by a person against a spouse or intimate 
partner, or a minor residing with or in the care or 
custody of the spouse or intimate partner. 
‘‘(12) INDIAN.—The term ‘Indian’ means a per-
son who is a member of any Indian tribe, regardless
191 
of whether that Indian tribe is the plaintiff Indian 
tribe under section 2262A. 
‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a). 
‘‘(14) MINOR.—The term ‘minor’ means a per-
son under the age of 18 years.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 110A of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 2262 the following: 
‘‘2262A. Federal domestic violence protection orders involving Indians and In-
dian country.’’. 
Passed the House of Representatives May 16, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 4970 
AN ACT 
To reauthorize the Violence Against Women Act of 
1994.