House Report 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

[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.

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.

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.''.