157 
ment of Justice will investigate and prosecute 
violations of such Act. 
(2) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Attorney Gen-
eral shall submit to Congress a report that includes 
the following: 
(A) The name of the component of the De-
partment of Justice responsible for inves-
tigating and prosecuting violations of the Inter-
national Marriage Broker Act of 2005 (subtitle 
D of Public Law 109–162; 119 Stat. 3066) and 
the amendments made by this Act. 
(B) A description of the policies and proce-
dures of the Attorney General for consultation 
with the Secretary of Homeland Security and 
the Secretary of State in investigating and 
prosecuting such violations. 
(b) TECHNICAL CORRECTION.—Section 833(a)(2)(H) 
of the International Marriage Broker Regulation Act of 
2005 (8 U.S.C. 1375a(a)(2)(H)) is amended by striking 
‘‘Federal and State sex offender public registries’’ and in-
serting ‘‘the National Sex Offender Public Website’’. 
(c) REGULATION
OF INTERNATIONAL MARRIAGE 
BROKERS.—Section 833(d) of the International Marriage 
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Broker Regulation Act of 2005 (8 U.S.C. 1375a(d)) is 
amended— 
(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 the personal contact information, 
photograph, or general information about the 
background 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 7 years after such 
date of receipt; and 
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‘‘(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)— 
(A) in subparagraph (A)(i)— 
(i) in the heading, by striking ‘‘REG-
ISTRIES.—’’ and inserting ‘‘WEBSITE.—’’; 
and 
(ii) by striking ‘‘Registry or State sex 
offender public registry,’’ and inserting 
‘‘Website,’’; and 
(B) in subparagraph (B)(ii), by striking 
‘‘or stalking.’’ and inserting ‘‘stalking, or an at-
tempt to commit any such crime.’’; 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) in clause (i), by striking ‘‘Registry, 
or of the relevant State sex offender public 
registry for any State not yet participating 
in the National Sex Offender Public Reg-
istry, in which the United States client has 
resided during the previous 20 years,’’ and 
inserting ‘‘Website’’; and 
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(ii) in clause (iii)(II), by striking 
‘‘background information collected by the 
international marriage broker under para-
graph (2)(B);’’ and inserting ‘‘signed cer-
tification and accompanying documentation 
or attestation regarding the background in-
formation 
collected 
under 
paragraph 
(2)(B);’’; and 
(B) by striking subparagraph (C); 
(4) in paragraph (5)— 
(A) in subparagraph (A)(ii), by striking ‘‘A 
penalty may be imposed under clause (i) by the 
Attorney General only’’ and inserting ‘‘At the 
discretion of the Attorney General, a penalty 
may be imposed under clause (i) either by a 
Federal judge, or by the Attorney General’’; 
(B) by amending subparagraph (B) to read 
as follows: 
‘‘(B) FEDERAL CRIMINAL PENALTIES.— 
‘‘(i) FAILURE
OF
INTERNATIONAL 
MARRIAGE BROKERS TO COMPLY WITH OB-
LIGATIONS.—Except as provided in clause 
(ii), an international marriage broker that, 
in circumstances in or affecting interstate 
or foreign commerce, or within the special 
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161 
maritime and territorial jurisdiction of the 
United States— 
‘‘(I) except as provided in sub-
clause (II), violates (or attempts to 
violate) paragraph (1), (2), (3), or (4) 
shall be fined in accordance with title 
18, United States Code, or imprisoned 
for not more than 1 year, or both; or 
‘‘(II) knowingly violates or at-
tempts to violate paragraphs (1), (2), 
(3), or (4) shall be fined in accord-
ance with title 18, United States 
Code, or imprisoned for not more 
than 5 years, or both. 
‘‘(ii) MISUSE
OF
INFORMATION.—A 
person who knowingly discloses, uses, or 
causes to be used any information obtained 
by an international marriage broker as a 
result of a requirement under paragraph 
(2) or (3) for any purpose other than the 
disclosures required under paragraph (3) 
shall be fined in accordance with title 18, 
United States Code, or imprisoned for not 
more than 1 year, or both. 
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162 
‘‘(iii) FRAUDULENT
FAILURES
OF 
UNITED
STATES
CLIENTS
TO
MAKE
RE-
QUIRED
SELF-DISCLOSURES.—A 
person 
who knowingly and with intent to defraud 
another person outside the United States 
in order to recruit, solicit, entice, or induce 
that other person into entering a dating or 
matrimonial relationship, makes false or 
fraudulent representations regarding the 
disclosures described in clause (i), (ii), (iii), 
or (iv) of subsection (d)(2)(B), including 
by failing to make any such disclosures, 
shall be fined in accordance with title 18, 
United States Code, imprisoned for not 
more than 1 year, or both. 
‘‘(iv) RELATIONSHIP TO OTHER PEN-
ALTIES.—The penalties provided in clauses 
(i), (ii), and (iii) are in addition to any 
other civil or criminal liability under Fed-
eral or State law to which a person may be 
subject for the misuse of information, in-
cluding misuse to threaten, intimidate, or 
harass any individual. 
‘‘(v) 
CONSTRUCTION.—Nothing 
in 
this paragraph or paragraph (3) or (4) 
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163 
may be construed to prevent the disclosure 
of information to law enforcement or pur-
suant to a court order.’’; and 
(C) in subparagraph (C), by striking the 
period at the end and inserting ‘‘including equi-
table remedies.’’; 
(5) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; and 
(6) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) ENFORCEMENT.— 
‘‘(A) AUTHORITY.—The Attorney General 
shall be responsible for the enforcement of the 
provisions of this section, including the prosecu-
tion of civil and criminal penalties provided for 
by this section. 
‘‘(B) CONSULTATION.—The Attorney Gen-
eral shall consult with the Director of the Office 
on Violence Against Women of the Department 
of Justice to develop policies and public edu-
cation designed to promote enforcement of this 
section.’’. 
(d) GAO STUDY AND REPORT.—Section 833(f) of 
the International Marriage Broker Regulation Act of 2005 
(8 U.S.C. 1375a(f)) is amended— 
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(1) in the subsection heading, by striking 
‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUDIES 
AND REPORTS.—’’; and 
(2) by adding at the end the following: 
‘‘(4) CONTINUING
IMPACT
STUDY
AND
RE-
PORT.— 
‘‘(A) STUDY.—The Comptroller General 
shall conduct a study on the continuing impact 
of the implementation of this section and of sec-
tion of 214 of the Immigration and Nationality 
Act (8 U.S.C. 1184) on the process for grant-
ing K nonimmigrant visas, including specifically 
a study of the items described in subparagraphs 
(A) through (E) of paragraph (1). 
‘‘(B) REPORT.—Not later than 2 years 
after the date of the enactment of the Violence 
Against Women Reauthorization Act of 2012, 
the Comptroller General shall submit to the 
Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of 
Representatives a report setting forth the re-
sults of the study conducted under subpara-
graph (A). 
‘‘(C) DATA
COLLECTION.—The Attorney 
General, the Secretary of Homeland Security, 
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and the Secretary of State shall collect and 
maintain the data necessary for the Comptroller 
General to conduct the study required by para-
graph (1)(A).’’. 
SEC. 807. ELIGIBILITY OF CRIME AND TRAFFICKING VIC-
TIMS 
IN 
THE 
COMMONWEALTH 
OF 
THE 
NORTHERN MARIANA ISLANDS TO ADJUST 
STATUS. 
Section 705(c) of the Consolidated Natural Resources 
Act of 2008 (Public Law 110–229; 48 U.S.C. 1806 note), 
is amended by striking ‘‘except that,’’ and all that follows 
through the end, and inserting the following: ‘‘except 
that— 
‘‘(1) for the purpose of determining whether an 
alien lawfully admitted for permanent residence (as 
defined in section 101(a)(20) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(20)) has 
abandoned or lost such status by reason of absence 
from the United States, such alien’s presence in the 
Commonwealth, before, on or after November 28, 
2009, shall be considered to be presence in the 
United States; and 
‘‘(2) for the purpose of determining whether an 
alien whose application for status under subpara-
graph (T) or (U) of section 101(a)(15) of the Immi-
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166 
gration and Nationality Act (8 U.S.C. 1101(a)(15)) 
was granted is subsequently eligible for adjustment 
under subsection (l) or (m) of section 245 of such 
Act (8 U.S.C. 1255), such alien’s physical presence 
in the Commonwealth before, on, or after November 
28, 2009, and subsequent to the grant of the appli-
cation, shall be considered as equivalent to presence 
in the United States pursuant to a nonimmigrant 
admission in such status.’’. 
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 
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(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 
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)— 
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(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 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; 
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‘‘(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. TRIBAL JURISDICTION OVER CRIMES OF DOMES-
TIC VIOLENCE. 
Title II of Public Law 90–284 (25 U.S.C. 1301 et 
seq.) (commonly known as the ‘‘Indian Civil Rights Act 
of 1968’’) is amended by adding at the end the following: 
‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES-
TIC VIOLENCE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DATING VIOLENCE.—The term ‘dating vio-
lence’ means violence committed by a person who is 
or has been in a social relationship of a romantic or 
intimate nature with the victim, as determined by 
the length of the relationship, the type of relation-
ship, and the frequency of interaction between the 
persons involved in the relationship. 
‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ means violence committed by a current 
or former spouse or intimate partner of the victim, 
by a person with whom the victim shares a child in 
common, by a person who is cohabitating with or 
has cohabitated with the victim as a spouse or inti-
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mate partner, or by a person similarly situated to a 
spouse of the victim under the domestic- or family- 
violence laws of an Indian tribe that has jurisdiction 
over the Indian country where the violence occurs. 
‘‘(3) INDIAN
COUNTRY.—The term ‘Indian 
country’ has the meaning given the term in section 
1151 of title 18, United States Code. 
‘‘(4) PARTICIPATING TRIBE.—The term ‘partici-
pating tribe’ means an Indian tribe that elects to ex-
ercise special domestic violence criminal jurisdiction 
over the Indian country of that Indian tribe. 
‘‘(5) PROTECTION ORDER.—The term ‘protec-
tion order’— 
‘‘(A) means any injunction, restraining 
order, or other order issued by a civil or crimi-
nal court for the purpose of preventing violent 
or threatening acts or harassment against, sex-
ual violence against, contact or communication 
with, or physical proximity to, another person; 
and 
‘‘(B) includes any temporary or final order 
issued by a civil or criminal court, whether ob-
tained by filing an independent action or as a 
pendent lite order in another proceeding, if the 
civil or criminal order was issued in response to 
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a complaint, petition, or motion filed by or on 
behalf of a person seeking protection. 
‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL 
JURISDICTION.—The term ‘special domestic violence 
criminal jurisdiction’ means the criminal jurisdiction 
that a participating tribe may exercise under this 
section but could not otherwise exercise. 
‘‘(7) SPOUSE
OR
INTIMATE
PARTNER.—The 
term ‘spouse or intimate partner’ has the meaning 
given the term in section 2266 of title 18, United 
States Code. 
‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, in addition to all powers of self-gov-
ernment recognized and affirmed by sections 201 
and 203, the powers of self-government of a partici-
pating tribe include the inherent power of that tribe, 
which is hereby recognized and affirmed, to exercise 
special domestic violence criminal jurisdiction over 
all persons. 
‘‘(2) CONCURRENT
JURISDICTION.—The exer-
cise of special domestic violence criminal jurisdiction 
by a participating tribe shall be concurrent with the 
jurisdiction of the United States, of a State, or of 
both. 
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‘‘(3) APPLICABILITY.—Nothing in this sec-
tion— 
‘‘(A) creates or eliminates any Federal or 
State criminal jurisdiction over Indian country; 
‘‘(B) affects the authority of the United 
States or any State government that has been 
delegated authority by the United States to in-
vestigate and prosecute a criminal violation in 
Indian country; 
‘‘(C) shall apply to an Indian tribe in the 
State of Alaska, except with respect to the 
Metlakatla Indian Community, Annette Islands 
Reserve; or 
‘‘(D) shall limit, alter, expand, or diminish 
the civil or criminal jurisdiction of the State of 
Alaska or any subdivision of the State of Alas-
ka. 
‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 
exercise special domestic violence criminal jurisdiction over 
a defendant for criminal conduct that falls into one or 
more of the following categories: 
‘‘(1) DOMESTIC
VIOLENCE
AND
DATING
VIO-
LENCE.—An act of domestic violence or dating vio-
lence that occurs in the Indian country of the par-
ticipating tribe. 
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‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— 
An act that— 
‘‘(A) occurs in the Indian country of the 
participating tribe; and 
‘‘(B) violates the portion of a protection 
order that— 
‘‘(i) prohibits or provides protection 
against violent or threatening acts or har-
assment against, sexual violence against, 
contact or communication with, or physical 
proximity to, another person; 
‘‘(ii) was issued against the defend-
ant; 
‘‘(iii) is enforceable by the partici-
pating tribe; and 
‘‘(iv) 
is 
consistent 
with 
section 
2265(b) of title 18, United States Code. 
‘‘(d) DISMISSAL OF CERTAIN CASES.— 
‘‘(1) DEFINITION
OF
VICTIM.—In this sub-
section and with respect to a criminal proceeding in 
which a participating tribe exercises special domestic 
violence criminal jurisdiction based on a criminal 
violation of a protection order, the term ‘victim’ 
means a person specifically protected by a protection 
order that the defendant allegedly violated. 
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‘‘(2) 
NON-INDIAN
VICTIMS
AND
DEFEND-
ANTS.—In a criminal proceeding in which a partici-
pating tribe exercises special domestic violence crimi-
nal jurisdiction, the case shall be dismissed if— 
‘‘(A) the defendant files a pretrial motion 
to dismiss on the grounds that the alleged of-
fense did not involve an Indian; and 
‘‘(B) the participating tribe fails to prove 
that the defendant or an alleged victim is an 
Indian. 
‘‘(3) TIES TO INDIAN TRIBE.—In a criminal 
proceeding in which a participating tribe exercises 
special domestic violence criminal jurisdiction, the 
case shall be dismissed if— 
‘‘(A) the defendant files a pretrial motion 
to dismiss on the grounds that the defendant 
and the alleged victim lack sufficient ties to the 
Indian tribe; and 
‘‘(B) the prosecuting tribe fails to prove 
that the defendant or an alleged victim— 
‘‘(i) resides in the Indian country of 
the participating tribe; 
‘‘(ii) is employed in the Indian coun-
try of the participating tribe; or 
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‘‘(iii) is a spouse or intimate partner 
of a member of the participating tribe. 
‘‘(4) WAIVER.—A knowing and voluntary fail-
ure of a defendant to file a pretrial motion described 
in paragraph (2) or (3) shall be considered a waiver 
of the right to seek a dismissal under this sub-
section. 
‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro-
ceeding in which a participating tribe exercises special do-
mestic violence criminal jurisdiction, the participating 
tribe shall provide to the defendant— 
‘‘(1) all applicable rights under this Act; 
‘‘(2) if a term of imprisonment of any length is 
imposed, all rights described in section 202(c); and 
‘‘(3) all other rights whose protection is nec-
essary under the Constitution of the United States 
in order for Congress to recognize and affirm the in-
herent power of the participating tribe to exercise 
special domestic violence criminal jurisdiction over 
the defendant. 
‘‘(f) PETITIONS TO STAY DETENTION.— 
‘‘(1) IN GENERAL.—A person has filed a peti-
tion for a writ of habeas corpus in a court of the 
United States under section 203 may petition that 
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court to stay further detention of that person by the 
participating tribe. 
‘‘(2) GRANT OF STAY.—A court shall grant a 
stay described in paragraph (1) if the court— 
‘‘(A) finds that there is a substantial likeli-
hood that the habeas corpus petition will be 
granted; and 
‘‘(B) after giving each alleged victim in the 
matter an opportunity to be heard, finds by 
clear and convincing evidence that under condi-
tions imposed by the court, the petitioner is not 
likely to flee or pose a danger to any person or 
the community if released. 
‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At-
torney General may award grants to the governments of 
Indian tribes (or to authorized designees of those govern-
ments)— 
‘‘(1) to strengthen tribal criminal justice sys-
tems to assist Indian tribes in exercising special do-
mestic violence criminal jurisdiction, including— 
‘‘(A) law enforcement (including the capac-
ity of law enforcement or court personnel to 
enter information into and obtain information 
from national crime information databases); 
‘‘(B) prosecution; 
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‘‘(C) trial and appellate courts; 
‘‘(D) probation systems; 
‘‘(E) detention and correctional facilities; 
‘‘(F) alternative rehabilitation centers; 
‘‘(G) culturally appropriate services and 
assistance for victims and their families; and 
‘‘(H) criminal codes and rules of criminal 
procedure, appellate procedure, and evidence; 
‘‘(2) to provide indigent criminal defendants 
with the effective assistance of licensed defense 
counsel, at no cost to the defendant, in criminal pro-
ceedings in which a participating tribe prosecutes a 
crime of domestic violence or dating violence or a 
criminal violation of a protection order; 
‘‘(3) to ensure that, in criminal proceedings in 
which a participating tribe exercises special domestic 
violence criminal jurisdiction, jurors are summoned, 
selected, and instructed in a manner consistent with 
all applicable requirements; and 
‘‘(4) to accord victims of domestic violence, dat-
ing violence, and violations of protection orders 
rights that are similar to the rights of a crime victim 
described in section 3771(a) of title 18, United 
States Code, consistent with tribal law and custom. 
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‘‘(h) 
SUPPLEMENT, 
NOT
SUPPLANT.—Amounts 
made available under this section shall supplement and 
not supplant any other Federal, State, tribal, or local gov-
ernment amounts made available to carry out activities de-
scribed in this section. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each of 
fiscal years 2012 through 2016 to carry out subsection 
(g) and to provide training, technical assistance, data col-
lection, and evaluation of the criminal justice systems of 
participating tribes.’’. 
SEC. 905. TRIBAL PROTECTION ORDERS. 
Section 2265 of title 18, United States Code, is 
amended by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) TRIBAL COURT JURISDICTION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), for purposes of this section, a court of an 
Indian tribe shall have full civil jurisdiction to issue 
and enforce protection orders involving any person, 
including the authority to enforce any orders 
through civil contempt proceedings, to exclude viola-
tors from Indian land, and to use other appropriate 
mechanisms, in matters arising anywhere in the In-
dian country of the Indian tribe (as defined in sec-
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tion 1151) or otherwise within the authority of the 
Indian tribe. 
‘‘(2) APPLICABILITY.—Paragraph (1)— 
‘‘(A) shall not apply to an Indian tribe in 
the State of Alaska, except with respect to the 
Metlakatla Indian Community, Annette Islands 
Reserve; and 
‘‘(B) shall not limit, alter, expand, or di-
minish the civil or criminal jurisdiction of the 
State of Alaska or any subdivision of the State 
of Alaska.’’. 
SEC. 906. 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’’; 
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(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-
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: 
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‘‘(b) DEFINITIONS.—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 
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 
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weapon, assault resulting in serious bodily injury (as de-
fined in section 1365 of this title)’’ and inserting ‘‘a felony 
assault under section 113’’. 
(c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 
of title 18, United States Code, is amended by inserting 
‘‘or tribal’’ after ‘‘State’’. 
SEC. 907. 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; 
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(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 $500,000 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. 908. EFFECTIVE DATES; PILOT PROJECT. 
(a) GENERAL EFFECTIVE DATE.—Except as pro-
vided in subsection (b), the amendments made by this title 
shall take effect on the date of enactment of this Act. 
(b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO-
LENCE CRIMINAL JURISDICTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), subsections (b) through (e) of section 204 
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of Public Law 90–284 (as added by section 904) 
shall take effect on the date that is 2 years after the 
date of enactment of this Act. 
(2) PILOT PROJECT.— 
(A) IN GENERAL.—At any time during the 
2-year period beginning on the date of enact-
ment of this Act, an Indian tribe may ask the 
Attorney General to designate the tribe as a 
participating tribe under section 204(a) of Pub-
lic Law 90–284 on an accelerated basis. 
(B) PROCEDURE.—The Attorney General 
may grant a request under subparagraph (A) 
after coordinating with the Secretary of the In-
terior, consulting with affected Indian tribes, 
and concluding that the criminal justice system 
of the requesting tribe has adequate safeguards 
in place to protect defendants’ rights, consistent 
with section 204 of Public Law 90–284. 
(C) 
EFFECTIVE
DATES
FOR
PILOT 
PROJECTS.—An Indian tribe designated as a 
participating tribe under this paragraph may 
commence exercising special domestic violence 
criminal jurisdiction pursuant to subsections (b) 
through (e) of section 204 of Public Law 90– 
284 on a date established by the Attorney Gen-
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eral, after consultation with that Indian tribe, 
but in no event later than the date that is 2 
years after the date of enactment of this Act. 
TITLE X—OTHER MATTERS 
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.— 
‘‘(A) IN GENERAL.—It shall be unlawful 
for any person to knowingly engage, or know-
ingly attempt to engage, in a sexual act with 
another person who is— 
‘‘(i) in official detention or under offi-
cial supervision or other official control of, 
the United States— 
‘‘(I) during or after arrest; 
‘‘(II) after release pretrial; 
‘‘(III) while on bail, probation, 
supervised release, or parole; 
‘‘(IV) after release following a 
finding of juvenile delinquency; or 
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‘‘(V) after release pending any 
further judicial proceedings; 
‘‘(ii) under the professional custodial, 
supervisory, or disciplinary control or au-
thority of the person engaging or attempt-
ing to engage in the sexual act; and 
‘‘(iii) at the time of the sexual act— 
‘‘(I) in the special maritime and 
territorial jurisdiction of the United 
States; 
‘‘(II) in a Federal prison, or in 
any prison, institution, or facility in 
which persons are held in custody by 
direction of, or pursuant to a contract 
or agreement with, the United States; 
or 
‘‘(III) under supervision or other 
control by the United States, or by di-
rection of, or pursuant to a contract 
or agreement with, the United States. 
‘‘(B) SEXUAL CONTACT.—It shall be un-
lawful for any person to knowingly engage in 
sexual contact with, or cause sexual contact by, 
another person, if to do so would violate sub-
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paragraph (A) had the sexual contact been a 
sexual act. 
‘‘(2) PENALTIES.— 
‘‘(A) IN GENERAL.—A person that violates 
paragraph (1)(A) shall— 
‘‘(i) be fined under this title, impris-
oned for not more than 15 years, or both; 
and 
‘‘(ii) 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 ter-
ritorial jurisdiction of the United States, 
be subject to the penalties provided for 
under section 2241 or 2242, respectively. 
‘‘(B) SEXUAL
CONTACT.—A person that 
violates paragraph (1)(B) shall be fined under 
this title, imprisoned for not more than 2 years, 
or both.’’. 
(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: 
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‘‘§ 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) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections 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 
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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-
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-
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rity and to detention facilities operated under con-
tract 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). 
‘‘(5) DEFINITION.—As used in this section, the 
term ‘detention facilities operated under contract 
with the Department’ includes, but is not limited to 
contract detention facilities and detention facilities 
operated through an intergovernmental service 
agreement with the Department of Homeland Secu-
rity. 
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‘‘(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-
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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. ANONYMOUS ONLINE HARASSMENT. 
Section 223(a)(1) of the Telecommunications Act of 
1934 (47 U.S.C. 223(a)(1)) is amended— 
(1) in subparagraph (A), in the undesignated 
matter following clause (ii), by striking ‘‘annoy,’’; 
(2) in subparagraph (C)— 
(A) by striking ‘‘annoy,’’; and 
(B) by striking ‘‘harass any person at the 
called number or who receives the communica-
tion’’ and inserting ‘‘harass any specific per-
son’’; and 
(3) in subparagraph (E), by striking ‘‘harass 
any person at the called number or who receives the 
communication’’ and inserting ‘‘harass any specific 
person’’. 
SEC. 1004. STALKER DATABASE. 
Section 40603 of the Violence Against Women Act 
of 1994 (42 U.S.C. 14032) is amended by striking 
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‘‘$3,000,000’’ and all that follows and inserting 
‘‘$3,000,000 for fiscal years 2013 through 2017.’’. 
SEC. 1005. FEDERAL VICTIM ASSISTANTS REAUTHORIZA-
TION. 
Section 40114 of the Violence Against Women Act 
of 1994 (Public Law 103–322; 108 Stat. 1910) is amend-
ed by striking ‘‘fiscal years 2007 through 2011’’ and in-
serting ‘‘fiscal years 2013 through 2017’’. 
SEC. 1006. CHILD ABUSE TRAINING PROGRAMS FOR JUDI-
CIAL PERSONNEL AND PRACTITIONERS RE-
AUTHORIZATION. 
Subtitle C of the Victims of Child Abuse Act of 1990 
(42 U.S.C. 13024) is amended in subsection (a) by strik-
ing ‘‘$2,300,000’’ and all that follows and inserting 
‘‘$2,300,000 for each of fiscal years 2013 through 2017.’’. 
SEC. 1007. MANDATORY MINIMUM SENTENCE. 
Section 2241(a) of title 18, United States Code, is 
amended 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’’. 
SEC. 1008. REMOVAL OF DRUNK DRIVERS. 
(a) IN GENERAL.—Section 101(a)(43)(F) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) 
is amended by striking ‘‘for which the term of imprison-
ment’’ and inserting ‘‘, including a third drunk driving 
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conviction, regardless of the States in which the convic-
tions occurred or whether the offenses are classified as 
misdemeanors or felonies under State or Federal law, for 
which the term of imprisonment is’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
Æ 
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