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United States · Bill · HR

H.R. 4970 (112th)

Violence Against Women Reauthorization Act of 2012

openUnited States· United States Congress· EN

Introduced

27 April 2012

Last action

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Status

Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 406.

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21 July 2025

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Summary

Violence Against Women Reauthorization Act of 2012 - Amends the Violence Against Women Act of 1994 (VAWA) to: (1) revise or add universal definitions under such Act; (2) modify grant conditions for VAWA programs, including imposing restrictions on disclosure of victims' confidential and personally identifying information and expanding nondiscrimination requirements; and (3) require audits of VAWA programs to be conducted by the Office of Audit, Assessment, and Management in the Department of Justice (DOJ). Requires an annual audit of not fewer than 10% of all VAWA grantees beginning in FY2013 to prevent waste, fraud, and abuse of funds. Prohibits: (1) the awarding of grants to nonprofit organizations that hold money in offshore accounts for tax avoidance purposes, (2) the use of grant funds to lobby any governmental employee regarding the award of grant funding, and (3) the use of amounts authorized to be appropriated to DOJ or the Department of Health and Human Services (HHS) to host or support conferences without prior written approval by appropriate DOJ or HHS officials. Title I: Enhancing Judicial and Law Enforcement Tools to Combat Violence Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand services for sexual assault victims, including male victims, under the grant programs for combatting violent crimes against women (STOP grants) and for encouraging arrest policies and enforcing protection orders for sexual assault victims. Amends the Violence Against Women Act of 2000 to expand the availability of competent pro bono legal assistance to victims of domestic violence, dating violence, sexual assault, or stalking. Revises the grant programs for supporting families with a history of domestic violence, dating violence, sexual assault, or stalking to authorize the Attorney General to make grants to improve the response of the civil and criminal justice system to such families and to train court personnel in assisting such families. Extends through FY2017 the authorization of appropriations for the Court-Appointed Special Advocate program to assist child victims of abuse or neglect. Revises and reauthorizes through FY2017 the grant program for outreach strategies targeted at adult or youth victims of domestic violence, dating violence, sexual assault, or stalking in underserved populations. Eliminates the requirement that recipients of grants to combat violent sex crimes against women include linguistically specific services in administering such grants. Amends the DNA Analysis Backlog Elimination Act of 2000 to require that not less than 75% of the grant amounts awarded in FY2013-FY2014 under such Act be used for DNA analyses of samples from crimes scenes. Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA to extend through FY2017 the authorization of appropriations for grant programs to: (1) assist states, Indian tribes, and territories to establish, maintain, and expand rape crisis centers and other programs to assist victims of sexual assault; and (2) assist victims of domestic violence and other sexual assault crimes in rural areas. Amends the Victims of Trafficking and Violence Protection Act of 2000 to extend through FY2017 the authorization of appropriations for grants to end violence against women with disabilities and women in later life. Title III: Services, Protection, and Justice for Young Victims of Violence - Amends the Public Health Service Act to extend through FY2017 the authorization of appropriations for grants for rape prevention and education programs conducted by rape crisis centers. Amends VAWA to replace certain grant programs for the protection of young victims of violent crimes with a program requiring the Attorney General to award grants to enhance the safety of youth and children who are victims of, or exposed to, domestic violence, sexual assault, or stalking and to prevent future violence. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to expand the requirements for the grant program to combat violent crimes on campuses to require training on violent crimes for incoming students and campus law enforcement officials. Amends the Higher Education Act of 1965 to expand the requirements for disclosure of campus security policies and crime statistics by institutions of higher education to require disclosure of disciplinary proceedings and procedures to protect the confidentiality of crime victims. Title IV: Violence Reduction Practices - Extends through FY2017 the authorization of appropriations for grants through the Centers for Disease Control and Prevention (CDC) to support research to examine prevention and intervention programs to further the understanding of sexual and domestic violence by and against adults, youth, and children. Amends VAWA to authorize the Attorney General to award grants to prevent domestic violence, dating violence, sexual assault, and stalking by taking a comprehensive approach that focuses on youth, children exposed to violence, and men as leaders and influencers of social norms (SMART Prevention grants). Title V: Strengthening the Health Care System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends the Public Health Service Act to reauthorize, revise, and consolidate grant programs that address domestic violence, dating violence, sexual assault, and stalking by developing or enhancing and implementing: (1) interdisciplinary training for health professionals, public health staff, and allied health professionals; (2) education programs for health profession students to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; and (3) comprehensive statewide strategies to improve the response of clinics, public health facilities, hospitals, and other health settings to domestic violence, dating violence, sexual assault, and stalking. Title VI: Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - Amends VAWA with respect to housing rights of victims of domestic violence, dating violence, sexual assault, and stalking. Prohibits denial or termination of housing assistance on the basis of being such a victim under specified federal housing programs (covered programs), including the low-income housing tax credit program, if the applicant or tenant otherwise qualifies for such admission, assistance, participation, or occupancy. Prohibits denial of assistance, tenancy, or occupancy rights to assisted housing based solely on certain criminal activity directly related to domestic violence engaged in by a member of the individual's household or by any guest or other person under the individual's control, if the tenant or an affiliated individual is the victim or threatened victim. Defines "affiliated individual" as: (1) a spouse, parent, brother, sister, or child of that individual, or someone to whom such individual stands in loco parentis; or (2) any other individual, tenant, or lawful occupant living in the individual's household. Allows a public housing agency (PHA) or an owner or manager of assisted housing to bifurcate a housing lease in order to evict, remove, or terminate assistance to any tenant or lawful occupant who engages in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant. Requires each appropriate agency to adopt a model emergency relocation and transfer plan, meeting specified criteria, for PHAs and owners or managers of assisted housing to use voluntarily in allowing tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to relocate or transfer to another available and safe dwelling unit of assisted housing. Requires the Secretary of Housing and Urban Development (HUD) to establish policies and procedures under which a victim requesting such a transfer may receive section 8 (voucher program) assistance under the United States Housing Act of 1937. Makes conforming amendments to the United States Housing Act of 1937. Revises eligibility requirements for transitional housing assistance grants for child victims of domestic violence, dating violence, sexual assault, or stalking to specify that any victims are eligible. Decreases the authorization of appropriations for such grants for FY2012-FY2016. Decreases the authorization of appropriations for FY2012-FY2016 also for: (1) collaborative grants to increase the long-term stability of victims, and (2) grants to combat violence against women in public and assisted housing. Title VII: Economic Security for Victims of Violence - Amends VAWA to extend through FY2017 the authorization of appropriations for grants to eligible nonprofit nongovernmental entities or tribal organizations for a national resource center on workplace responses to assist victims of domestic and sexual violence. Title VIII: Immigration Provisions - Amends the Immigration and Nationality Act to direct the the Secretary of Homeland Security (DHS) to consider any credible relevant evidence, including evidence submitted by an accused U.S. national or permanent resident, in adjudicating an application for cancellation of removal by an alien who has been battered or subjected to extreme cruelty. Provides that: (1) permanent resident self-petitions for a battered spouse, child, or parent shall be adjudicated at local U.S. Citizenship and Immigration Services offices and shall include an in-person interview with the petitioning alien; (2) a petition shall not be granted unless it is supported by clear and convincing evidence; and (3) if the alien has made a material misrepresentation during any aspect of the self-petition adjudication the petition shall be denied and the alien removed from the U.S. on an expedited basis. Requires that a certification for a nonimmigrant U-visa (victims of certain crimes) confirm that: (1) the petitioner reported the criminal activity to a law enforcement agency within 60 days of its occurrence, (2) the statute of limitations for prosecuting the criminal activity has not lapsed, (3) the criminal activity is under active investigation or prosecution, and (4) the petitioner has provided information that will assist in identifying the perpetrator or the perpetrator's identity is known. Requires that a petition filed by a U.S. citizen for a nonimmigrant K-visa (fiancee/fiance) contain information on whether the petitioner has been convicted of attempting to commit abuse or stalking and whether any permanent protection or restraining orders have been issued against such petitioner. Amends the International Marriage Broker Regulation Act of 2005 to prohibit an international marriage broker from providing any individual or entity with personal contact information about an individual under the age of 18. Requires a broker to obtain, and keep for five years, a valid copy of each foreign national client's birth certificate or other official proof of age documented by the appropriate government entity. Requires the Government Accountability Office (GAO) to report to Congress on the approval processes for U-visa petitions and self-petitions for permanent residence filed by battered aliens in order to assess fraud and abuse safeguards. Eliminates authority to adjust U-visa recipients to permanent resident status. Requires DHS to report to Congress each year on the U-visa program, the T-visa program (victims of trafficking) and the self-petition process for battered aliens. Makes the surviving child of an alien who was a VAWA self-petitioner who filed a pending or approved petition for classification or application for status adjustment or other benefit eligible for lawful permanent resident status under such alien's petition. Excludes from the public charge bar to admission an alien who is: (1) a VAWA self-petitioner, (2) a U-visa applicant, or (3) a battered spouse or child. States that an unmarried alien who seeks to accompany, or follow to join, a parent granted U-visa status who was under 21 years of age on the date on which the parent petitioned for such status shall continue to be classified as a child if the alien attains 21 years of age after the parent's petition was filed but while it was pending. Extends the conditions under which the waiver of the two-year waiting period for permanent resident status application may be granted to a battered alien spouse. Authorizes DOJ, the Department of State, and DHS to disclose information to national security officials solely for national security use in a manner that protects the confidentiality of such information. Requires GAO to report to Congress on the adjudication of U-visa petitions. Title IX: Safety for Indian Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct a portion of certain grants to combat violent crime against American Indian women toward: (1) sex trafficking, (2) services for youthful victims, and (3) legislation and policies effective in combating such crime. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to require the National Institute of Justice to include sex trafficking in its study of violence against Indian women. Title X: Criminal Provisions - Amends the federal criminal code to expand sexual abuse provisions involving a ward who is in official detention or supervised by, or otherwise under the control of, the United States, to include sexual abuse of such ward: (1) during arrest; (2) during pretrial release; (3) while in official detention or custody; or (4) while on probation, supervised release, or parole. Enhances criminal penalties for criminal civil rights violations involving sexual abuse. Amends the Civil Rights of Institutionalized Persons Act and the Prison Rape Elimination Act of 2003 to prohibit the commission of a sexual act in custodial settings. Directs the DHS Secretary to publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rapes and sexual assaults in detention facilities for aliens detained for a violation of U.S. immigration laws. Requires the Secretary of HHS to publish a similar final rule for the protection of unaccompanied alien children in custodial facilities. Amends the federal criminal code to increase criminal penalties for: (1) the crime of stalking involving conduct in violation of a protection order or involving victims under the age of 18 or over the age of 65; and (2) the crime of assault, including assaults of a spouse, intimate partner, or dating partner by strangling or suffocating. Imposes mandatory minimum prison terms for aggravated sexual abuse involving force or threats (10 years) and for aggravated sexual abuse involving other means, including by the use of drugs or intoxicants (5 years).

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