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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). 
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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. 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, 
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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.’’. 
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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-
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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 
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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. 
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‘‘(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 
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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 
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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). 
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‘‘(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 
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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: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 406 
112TH CONGRESS 
2D SESSION 
H. R. 4970 
AN ACT 
To reauthorize the Violence Against Women Act of 
1994. 
MAY 21, 2012 
Received; read twice and placed on the calendar 
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