[House Report 112-481]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-481

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4970) TO REAUTHORIZE THE 
VIOLENCE AGAINST WOMEN ACT OF 1994, AND PROVIDING FOR CONSIDERATION OF 
 THE BILL (H.R. 4310) TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2013 
  FOR MILITARY ACTIVITIES OF THE DEPARTMENT OF DEFENSE, TO PRESCRIBE 
   MILITARY PERSONNEL STRENGTHS FOR FISCAL YEAR 2013, AND FOR OTHER 
                                PURPOSES

                                _______
                                

May 15, 2012.--Referred to the House Calendar and ordered to be printed

                                _______
                                

                Ms. Foxx, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 656]

    The Committee on Rules, having had under consideration 
House Resolution 656, by a record vote of 7 to 2, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4970, the 
Violence Against Women Reauthorization Act of 2012, under a 
closed rule. The resolution provides one hour of debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary. The resolution waives all 
points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill, as modified by the amendment printed in 
this report, shall be considered as adopted. The bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions in the bill, as amended. The 
resolution provides one motion to recommit with or without 
instructions.
    Additionally, the resolution provides for consideration of 
H.R. 4310, the National Defense Authorization Act for Fiscal 
Year 2013. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Armed Services. The 
resolution waives all points of order against consideration of 
the bill. Lastly, the resolution provides that after general 
debate the Committee of the Whole shall rise without motion and 
that no further consideration of the bill shall occur except 
pursuant to a subsequent order of the House.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 4970 includes a waiver of clause 4(a) of rule XIII, which 
prohibits consideration of legislation in the House until the 
third calendar day on which each report of a committee on that 
measure or matter has been available to Members, Delegates and 
the Resident Commissioner. The Committee on the Judiciary filed 
its report on May 15, 2012.
    Although the resolution waives all points of order against 
provisions in H.R. 4970, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.
    The waiver of all points of order against consideration of 
H.R. 4310 includes a waiver of clause 4(a) of rule XIII, which 
prohibits consideration of legislation in the House until the 
third calendar day on which each report of a committee on that 
measure or matter has been available to Members, Delegates and 
the Resident Commissioner. While the Committee on Armed 
Services filed its report on May 11, 2012, the Committee 
requested authority to file a supplemental report, which 
includes a more comprehensive cost estimate from the 
Congressional Budget Office. The revised cost estimate was made 
publicly available on May 15, 2012, and the Committee on Armed 
Services filed its supplemental report on May 15, 2012. The 
supplemental report also includes a correction to a Member vote 
that occurred during the Committee markup of H.R. 4310. The 
waiver also includes a waiver of clause 3(e)(1) of rule XIII 
(Ramseyer), requiring a committee report accompanying a bill 
amending or repealing statutes to show, by typographical 
device, parts of statute affected.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 219

    Motion by Mr. McGovern to grant H.R. 4970 an open rule. 
Defeated: 2-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay    Mr. McGovern.....................          Yea
Mr. Bishop of Utah..............................          Nay    Mr. Hastings of Florida..........          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 220

    Motion by Mr. McGovern to make in order and provide the 
appropriate waivers for amendment #6 to H.R. 4970, offered by 
Rep. Conyers Jr. (MI) and Rep. Lofgren (CA) and Rep. Moore 
(WI), which would strike all after the enacting clause and 
insert the language of the bipartisan Senate-passed VAWA 
Reauthorization S. 1925. Defeated: 2-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay    Mr. McGovern.....................          Yea
Mr. Bishop of Utah..............................          Nay    Mr. Hastings of Florida..........          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 221

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers for amendment #5 to H.R. 4970, 
offered by Rep. Scott (VA), which would remove provisions in 
the bill that would impose mandatory minimum sentences. 
Defeated: 2-7.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay    Mr. McGovern.....................          Yea
Mr. Bishop of Utah..............................          Nay    Mr. Hastings of Florida..........          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 222

    Motion by Ms. Foxx to report the rule. Adopted: 7-2.

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea    Mr. McGovern.....................          Nay
Mr. Bishop of Utah..............................          Yea    Mr. Hastings of Florida..........          Nay
Mr. Woodall.....................................          Yea
Mr. Nugent......................................          Yea
Mr. Scott of South Carolina.....................          Yea
Mr. Webster.....................................          Yea
Mr. Dreier, Chairman............................          Yea
----------------------------------------------------------------------------------------------------------------

      SUMMARY OF THE AMENDMENT TO H.R. 4970 CONSIDERED AS ADOPTED

    1. Adams (FL): (Manager's Amendment)--Would (i) continue 
the role of Vermont service center in adjudicating self-
petitions by battered aliens; (ii) prohibit USCIS from 
interviewing alleged batterers; (iii) reduce evidentiary 
standards petitioners must meet; (iv) authorize domestic 
violence victims or Indian tribes on behalf of victims to seek 
protection orders from U.S. district courts against Indian or 
non-Indian abusers; (v) require Attorney General and HHS 
Secretary to provide appropriate training and technical 
assistance to grant recipients on how to comply with financial 
record-keeping and accounting practices; (vi) maintain language 
from 2005 re-authorization that was inadvertently omitted to 
authorize VAWA funds to be used for culturally specific 
programs; (vii) modify nondiscrimination clause to ensure that 
faith-based groups are not required to forfeit their ability to 
make employment decisions on a religious basis when they 
receive funds from programs; and (viii) make technical and 
conforming changes.

          TEXT OF AMENDMENT TO H.R. 4970 CONSIDERED AS ADOPTED

  Page 19, strike line 21 and all that follows through page 20, 
line 3, and insert the following:
                  ``(A) Nondiscrimination.--No person in any 
                State shall on the basis of actual or perceived 
                race, color, religion, national origin, sex, or 
                disability be denied the assistance of, or 
                excluded from receiving services from, a 
                grantee under any program or activity funded in 
                whole or in part with funds made available 
                under the Violence Against Women Act
  Page 28, line 15, insert ``or the Secretary of Health and 
Human Services, as applicable,'' after ``Attorney General''.
  Page 28, line 18, insert ``or the Secretary of Health and 
Human Services, as applicable,'' after ``Attorney General''.
  Page 29, after line 22, insert the following:
  (e) Training and Resources for VAWA Grantees.--Section 40002 
of the Violence Against Women Act of 1994 (42 U.S.C. 13925) is 
further amended--
          (1) in the heading, by striking ``and grant 
        provisions'' and inserting ``, grant provisions, and 
        training and resources for vawa grantees''; and
          (2) by adding at the end the following new 
        subsection:
  ``(d) Training and Resources for VAWA Grantees.--
          ``(1) In general.--The Attorney General and Secretary 
        of Health and Human Services, as applicable, shall--
                  ``(A) develop standards, protocols, and 
                sample tools and forms to provide guidance to 
                grantees and subgrantees under any program or 
                activity described in paragraph (2) regarding 
                financial record-keeping and accounting 
                practices required of such grantees and 
                subgrantees as recipients of funds from the 
                disbursing agency;
                  ``(B) provide training to such grantees and 
                subgrantees regarding such standards, 
                protocols, and sample tools and forms; and
                  ``(C) publish on the public Internet website 
                of the Office of Violence Against Women 
                information to assist such grantees and 
                subgrantees with compliance with such 
                standards, protocols, and sample tools and 
                forms.
          ``(2) VAWA programs and activities.--For purposes of 
        paragraph (1), a program or activity described in this 
        paragraph is any program or activity funded in whole or 
        in part with funds made available under this title, the 
        Violence Against Women Act of 2000 (division B of 
        Public Law 106-386; 114 Stat. 1491), the Violence 
        Against Women and Department of Justice Reauthorization 
        Act of 2005 (title IX of Public Law 109-162; 119 Stat. 
        3080), the Violence Against Women Reauthorization Act 
        of 2012, or any other program or activity funded in 
        whole or in part with funds appropriated for grants, 
        cooperative agreements, and other assistance 
        administered by the Office on Violence Against 
        Women.''.
  Page 36, strike lines 11 through 13 and insert the following:
                          (ii) by redesignating paragraphs (3) 
                        and (4) as paragraphs (4) and (5), 
                        respectively;
  Page 36, line 14, strike ``(iv)'' and insert ``(iii)''.
  Page 36, line 24, strike ``(v)'' and insert ``(iv)''.
  Page 36, line 25, strike ``clause (iii)'' and insert ``clause 
(ii)''.
  Page 37, line 19, insert ``and'' after the second semi-colon.
  Page 37, strike lines 20 through 24.
  Page 38, line 1, strike ``(V)'' and insert ``(IV)''.
  Page 39, strike lines 6 through 8, and insert the following:
                                  (II) in subparagraph (D), by 
                                striking ``linguistically 
                                and''; and
  Page 49, line 2, strike ``the second occurrence of''.
  Page 49, line 24, insert ``, and adjusting the margin 
accordingly'' after ``respectively''.
  Page 69, line 22, move the margin for the subparagraph (C) 
two ems to the right.
  Page 89, line 12, insert ``the first occurrence of'' after 
``through''.
  Page 141, line 24, insert before the period at the end the 
following: ``so long as this evidence is not gathered in 
violation of section 384 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996.''.
  Page 142, line 7, move the margin of the subclause (III) 
eight ems to the left.
  Page 142, beginning on line 8, strike ``under this clause'' 
and all that follows through ``investigative officer'', and 
insert the following: ``under this clause shall be assigned to 
an investigative officer''.
  Page 142, beginning on line 21, strike ``may also gather'' 
and all that follows through ``to be interviewed.'' and insert 
the following: ``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 Responsibility Act of 
1996. The investigative officer who conducted the in-person 
interview shall provide to the investigative officer who is 
responsible for the adjudication and final determination of 
eligibility a summary of the interview and any other evidence 
gathered and a determination of the credibility of the 
interviewee and other evidence gathered.''.
  Page 143, insert after line 4 the following, and redesignate 
provisions accordingly:
          ``(dd) The investigative officer who is responsible 
        for the adjudication and final determination 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 consider the denials and the reasons for 
        the denials as part of the adjudication of the 
        petition.
          ``(ee) The investigative officer who is responsible 
        for the adjudication and final determination of 
        eligibility shall as part of the adjudication of the 
        petition consult with the investigative 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.
  Page 143, line 7, insert after ``the investigative officer'' 
the following: ``who is responsible for the adjudication and 
final determination of eligibility''.
  Page 143, beginning on line 17, strike ``clear and convincing 
evidence'' and insert ``a preponderance of the evidence''.
  Page 143, beginning on line 23, strike ``clear and convincing 
evidence'' and insert ``a preponderance of the evidence''.
  Page 144, line 5, insert ``so long as this evidence was not 
gathered in violation of section 384 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996'' before the 
period at the end.
  Page 144, beginning on line 8, strike ``at the local office 
of United States Citizenship and Immigration Services'' and 
insert ``who is responsible for the adjudication and final 
determination of eligibility''.
  Page 145, strike line 12 and all that follows through page 
147, line 4 and redesignate provisions accordingly.
  Page 147, strike lines 16 through 19 and insert the 
following:
          (3) in subparagraph (A)(vii), by adding at the end 
        the following continuation text:
``The petition shall be adjudicated according to the procedures 
that apply to self-petitioners under clause (iii).''.
  Page 147, line 22, move the margin of the subclause (III) 
eight ems to the left.
  Page 147, line 23, strike ``under this clause'' and all that 
follows through ``an investigative officer'' on page 148, line 
1, and insert the following: ``under this clause shall be 
assigned to an investigative officer''.
  Page 148, line 11, strike ``may also gather'' and all that 
follows through ``interviewed'' on line 15, and insert the 
following: ``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 Responsibility Act of 
1996. The investigative officer who conducted the in-person 
interview shall provide to the investigative officer who is 
responsible for the adjudication and final determination of 
eligibility a summary of the interview and any other evidence 
gathered and a determination of the credibility of the 
interviewee and other evidence gathered.''.
  Page 148, insert after line 20 the following, and redesignate 
provisions accordingly:
          ``(dd) The investigative officer who is responsible 
        for the adjudication and final determination 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 consider the denials and the reasons for 
        the denials as part of the adjudication of the 
        petition.
          ``(ee) The investigative officer who is responsible 
        for the adjudication and final determination of 
        eligibility shall as part of the adjudication of the 
        petition consult with the investigative 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.
  Page 148, line 22, insert after ``the investigative officer'' 
the following: ``who is responsible for the adjudication and 
final determination of eligibility''.
  Page 149, beginning on line 7, strike ``clear and convincing 
evidence'' and insert ``a preponderance of the evidence''.
  Page 149, beginning on line 13, strike ``clear and convincing 
evidence'' and insert ``a preponderance of the evidence''.
  Page 149, line 19, add at the end ``so long as this evidence 
was not gathered in violation of section 384 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996.''
  Page 149, beginning on line 22, strike ``at the local office 
of United States Citizenship and Immigration Services'' and 
insert ``who is responsible for the adjudication and final 
determination of eligibility''.
  Strike page 151, line 1, and all that follows through page 
152, line 18, and redesignate provisions accordingly.
  On page 158, strike lines 2 through 18, and insert the 
following (and redesignate provisions accordingly):
  (a) In General.--Section 245(m) of the Immigration 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 referred 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 nonimmigrant 
status under section 101(a)(15)(U) is not described''.
  (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 regulations have not been issued 
to implement such section and shall be extended''.
  Page 162, line 23, strike ``(a) In General.--'' and adjust 
the margin accordingly.
  Page 163, strike line 16 and all that follows through page 
164, line 9.
  Page 180, strike line 17 and insert the following:

``Sec. 2261A. Stalking.

  Page 181, line 25, insert a period after ``section 2261''.
  Page 185, insert after line 8 the following:

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:

``Sec. 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 domestic 
        violence, or an Indian tribe as parens patriae on 
        behalf of the victim of an act of domestic violence, 
        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 
                Indian 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.
          ``(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 behalf 
                the protection order is sought;
                  ``(C) the name and, if known, the residential 
                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 section 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 
                resides or is employed at a location in the 
                Indian country of the Indian tribe involved in 
                the proceeding; 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 
                        committing 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 intimate 
                        partner;
                          ``(ii) communicating, directly or 
                        indirectly, with the spouse or intimate 
                        partner or minor who resides with or is 
                        in the care or custody of the spouse or 
                        intimate partner; and
                          ``(iii) knowingly coming within a 
                        specified distance from the spouse or 
                        intimate partner or minor who resides 
                        with or is in the care or custody of 
                        the spouse or intimate 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 country of 
                the Indian tribe involved in the proceeding or 
                any portion or area of that Indian country.
          ``(5) Emergency ex parte orders.--If a petition 
        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).
          ``(6) Duration of protection order.--A protection 
        order under this section may be permanent or of such 
        other shorter duration as the court determines 
        necessary to protect a victim from a further 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 amended 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 violence, 
        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 person who 
        is a member of any Indian tribe, regardless 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 person 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 relating to section 2262 
the following:

``2262A. Federal domestic violence protection orders involving Indians 
          and Indian country.''.

                                  
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