I 

109TH CONGRESS 

1ST SESSION H. R. 2876 

To reauthorize the Violence Against Women Act of 1994. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2005 

Mr. GREEN of Wisconsin (for himself, Mr. CONYERS, Ms. PRYCE of Ohio, Ms. 

GINNY BROWN-WAITE of Florida, Ms. SOLIS, Mr. REICHERT, Ms. HART, 

Mr. BOUSTANY, Mr. MICHAUD, Mr. FOLEY, Mr. POE, Mrs. MALONEY, 

Mrs. CAPITO, Ms. DELAURO, Mrs. CAPPS, and Ms. SLAUGHTER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To reauthorize the Violence Against Women Act of 1994. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Violence Against 

5 Women Reauthorization Act of 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 
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Sec. 2. Table of contents. 

Sec. 3. Grant provisions for Violence Against Women Act of 1994. 

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS 

TO COMBAT VIOLENCE AGAINST WOMEN 

Sec. 101. STOP grants improvements. 

Sec. 102. Grants to encourage arrest and enforce protection orders improvements. 

Sec. 103. Legal assistance for victims improvements. 

Sec. 104. Court training and improvements. 

Sec. 105. Full faith and credit improvements. 

Sec. 106. Privacy protections for victims of domestic violence, dating violence, 

sexual violence, and stalking. 

Sec. 107. Stalker database. 

Sec. 108. Victim assistants for District of Columbia. 

Sec. 109. Preventing cyberstalking. 

Sec. 110. Repeat offender provision. 

Sec. 111. Prohibiting dating violence. 

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 201. Violence Against Women programs. 

Sec. 202. Sexual assault services program. 

Sec. 203. Amendments to the rural domestic violence and child abuse enforcement assistance program. 

Sec. 204. Assistance for victims of abuse. 

Sec. 205. GAO study of National Domestic Violence Hotline. 

Sec. 206. Grants for public information campaigns. 

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 301. Rape prevention and education. 

Sec. 302. Services, education, protection and justice for young victims of violence. 

Sec. 303. Grants to reduce violence against women on campus. 

Sec. 304. Safe havens. 

Sec. 305. Grants to combat domestic violence, dating violence, sexual assault, 

and stalking in middle and high schools. 

TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY 

PREVENTING VIOLENCE IN THE HOME 

Sec. 401. Preventing violence against women, men, and children. 

TITLE V—STRENGTHENING THE HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 

ASSAULT, AND STALKING 

Sec. 501. Purpose. 

Sec. 502. Training and education of health professionals in domestic and sexual 

violence. 

Sec. 503. Grants to foster public health responses to domestic violence, dating 

violence, sexual assault, and stalking grants. 
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Sec. 504. Improving Federal health programs’ response to domestic violence, 

dating violence, sexual assault, and stalking. 

Sec. 505. Research on effective interventions in the healthcare setting. 

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR 

BATTERED WOMEN AND CHILDREN 

Sec. 601. Addressing the housing needs of victims of domestic violence, dating 

violence, sexual assault, and stalking. 

Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking. 

Sec. 603. Public and Indian housing authority plans reporting requirement. 

Sec. 604. Housing strategies. 

Sec. 605. Amendment to the Mckinney-Vento Homeless Assistance Act. 

Sec. 606. Amendments to the low income housing assistance voucher program. 

Sec. 607. Amendments to the public housing program. 

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF 

VIOLENCE 

Sec. 701. Emergency leave. 

TITLE VIII—PROTECTION FOR IMMIGRANT VICTIMS OF 

VIOLENCE 

Sec. 800. Short title; references to VAWA–2000; regulations. 

Subtitle A—Victims of Crime 

Sec. 801. Conditions applicable to U and T visas. 

Subtitle B—VAWA Petitioners 

Sec. 811. Definition of VAWA petitioner. 

Sec. 812. Self-petitioning for children. 

Sec. 813. Access to VAWA protection for children of asylum applicants under 

adjustment provisions. 

Sec. 814. Eliminating abusers’ control over applications for adjustments of status. 

Sec. 815. Clarification of access to naturalization for victims of domestic violence. 

Sec. 816. Prohibition of adverse determinations of admissibility or deportability 

based on protected information. 

Subtitle C—Miscellaneous Provisions 

Sec. 831. Removing 2 year custody requirement for battered adopted children. 

Sec. 832. Grounds for hardship waiver for conditional permanent residence for 

intended spouses. 

Sec. 833. Motions to reopen. 

Sec. 834. Treatment of battery or extreme cruelty as exceptional circumstances 

for failure to appear at removal proceedings. 

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Purposes. 

Sec. 902. Consultation. 

Sec. 903. Analysis and research on violence against Indian women. 
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Sec. 904. Tracking of violence against Indian women. 

Sec. 905. Tribal Division of the Office on Violence Against Women. 

1 SEC. 3. GRANT PROVISIONS FOR VIOLENCE AGAINST 

2 WOMEN ACT OF 1994. 

3 The Violence Against Women Act of 1994 (108 Stat. 

4 1902 et seq.) is amended by adding after section 40001 

5 the following: 

6 ‘‘SEC. 40002. GRANT PROVISIONS. 

7 ‘‘(a) GRANT CONDITIONS.— 

8 ‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR

9 PRIVATE INFORMATION.— 

10 ‘‘(A) IN GENERAL.—In order to ensure the 

11 safety of adult and minor victims of domestic 

12 violence, dating violence, sexual assault, or 

13 stalking, and their families, grantee and sub14 grantees under this title shall reasonably pro15 tect the confidentiality and privacy of persons 

16 receiving services. 

17 ‘‘(B) NONDISCLOSURE.—Subject to sub18 paragraph (C), grantees and subgrantees 

19 should not— 

20 ‘‘(i) disclose any personally identifying 

21 information or individual information col22 lected in connection with services re23 quested, utilized, or denied through grant24 ees’ and subgrantees’ programs; or 
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1 ‘‘(ii) reveal individual client informa2 tion without the informed, written, reason3 ably time-limited consent of the person (or 

4 in the case of an unemancipated minor, the 

5 minor and the parent or guardian or in the 

6 case of persons with disabilities, the guard7 ian) about whom information is sought, 

8 whether for this program or any other 

9 Federal, State, tribal, or territorial grant 

10 program. 

11 ‘‘(C) RELEASE.—If release of information 

12 described in subparagraph (B) is compelled by 

13 statutory or court mandate— 

14 ‘‘(i) grantees and subgrantees shall 

15 make reasonable attempts to provide notice 

16 to victims affected by the disclosure of in17 formation; and 

18 ‘‘(ii) grantees and subgrantees shall 

19 take steps necessary to protect the privacy 

20 and safety of the persons affected by the 

21 release of the information. 

22 ‘‘(D) INFORMATION SHARING.—Grantees 

23 and subgrantees may share— 

24 ‘‘(i) nonpersonally identifying data in 

25 the aggregate regarding services to their 
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1 clients and nonpersonally identifying demo2 graphic information in order to comply 

3 with Federal, State, tribal, or territorial 

4 reporting, evaluation, or data collection re5 quirements; and 

6 ‘‘(ii) court-generated information and 

7 law-enforcement generated information 

8 contained in secure, governmental reg9 istries for protection order enforcement 

10 purposes. 

11 ‘‘(2) APPROVED ACTIVITIES.—In carrying out 

12 the activities under this title, grantees and sub13 grantees may collaborate with and provide informa14 tion to Federal, State, local, tribal, and territorial 

15 public officials and agencies to develop and imple16 ment policies to reduce or eliminate domestic vio17 lence, dating violence, sexual assault, and stalking. 

18 ‘‘(3) NON-SUPPLANTATION.—Any Federal 

19 funds received under this title shall be used to sup20 plement, not supplant, non-Federal funds that would 

21 otherwise be available for activities under this title. 

22 ‘‘(4) USE OF FUNDS.—Funds authorized and 

23 appropriated under this title may be used only for 

24 the specific purposes described in this title and shall 

25 remain available until expended. 
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1 ‘‘(5) EVALUATION.—Grantees under this Act 

2 must collect data for use to evaluate the effective3 ness of the program, pursuant to the requirements 

4 described in paragraph (1)(D). 

5 ‘‘(6) UNDERSERVED POPULATION.—For each 

6 grant program under this Act, the grantee must 

7 identify the underserved population for their area 

8 and program. The grantor must ensure that suffi9 cient funds are given to programs that will address 

10 the underserved populations within the grant pro11 gram. Underserved populations will change depend12 ing on the program but will include but not be lim13 ited to rural, urban, religious, race and ethnic fac14 tors, language barriers, disabilities, alienage status, 

15 age, or any other factor determined by the Attorney 

16 General to indicate that a population is underserved. 

17 ‘‘(7) COMMUNITY-BASED ORGANIZATION DE18 FINED.—In this title, the term ‘community-based or19 ganization’ means an organization that— 

20 ‘‘(A) focuses primarily on violence against 

21 women; 

22 ‘‘(B) has established a specialized cul23 turally specific program that addresses violence 

24 against women; 
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1 ‘‘(C) has a primary focus on underserved 

2 communities (and includes representatives from 

3 these communities) and violence against women; 

4 or 

5 ‘‘(D) obtains violence against women ex6 pertise through collaboration.’’. 

7 TITLE I—ENHANCING JUDICIAL 

8 AND LAW ENFORCEMENT 

9 TOOLS TO COMBAT VIOLENCE 

10 AGAINST WOMEN 

11 SEC. 101. STOP GRANTS IMPROVEMENTS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 1001(a)(18) of title I of the Omnibus Crime Control and 

14 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(8)) is 

15 amended by striking ‘‘$185,000,000 for each of fiscal 

16 years 2001 through 2005’’ and inserting ‘‘$225,000,000 

17 for each of fiscal years 2006 through 2010’’. 

18 (b) PURPOSE AREA ENHANCEMENTS.—Section 

19 2001(b) of title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended— 

21 (1) by striking ‘‘and specifically, for the pur22 poses of—’’ and inserting ‘‘, including collaborating 

23 with and informing public officials and agencies in 

24 order to develop and implement policies to reduce or 

25 eliminate domestic violence, dating violence, sexual 
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1 assault, and stalking, and specifically only for the 

2 purposes of—’’; 

3 (2) in paragraph (5), by inserting after ‘‘protec4 tion orders are granted,’’ the following: ‘‘supporting 

5 nonprofit nongovernmental victim services programs 

6 and tribal organizations in working with public offi7 cials and agencies to develop and implement policies, 

8 rules, and procedures in order to reduce or eliminate 

9 domestic violence, dating violence, sexual assault, 

10 and stalking,’’; 

11 (3) in paragraph (10), by striking ‘‘and’’ after 

12 the semicolon; 

13 (4) in paragraph (11), by striking the period 

14 and inserting ‘‘; and’’; and 

15 (5) by adding at the end the following: 

16 ‘‘(12) maintaining core victim services and 

17 criminal justice initiatives, while supporting com18 plementary new initiatives and emergency services 

19 for victims and their families.’’. 

20 (c) TECHNICAL AMENDMENT RELATING TO

21 MISDESIGNATED SECTIONS.— 

22 (1) RENUMBERING.—Section 402(2) of Public 

23 Law 107–273 (116 Stat. 1789) is amended by strik24 ing ‘‘as sections 2006 through 2011, respectively’’ 
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1 and inserting ‘‘as sections 2007 through 2011, re2 spectively’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on the date of en5 actment of Public Law 107–273. 

6 (d) CLARIFICATION OF ACTIVITIES REGARDING UN7 DERSERVED POPULATIONS.—Section 2006 of the Omni8 bus Crime Control and Safe Streets Act of 1968 (42 

9 U.S.C. 3796gg–1) is amended— 

10 (1) in subsection (c)(2), by inserting before the 

11 semicolon the following: ‘‘and describe how the State 

12 will address the needs of racial and ethnic minorities 

13 and racial and ethnic and other underserved popu14 lations’’; and 

15 (2) in subsection (e)(2), by striking subpara16 graph (D) and inserting the following: 

17 ‘‘(D) recognize and meaningfully respond 

18 to the needs of racial and ethnic and other un19 derserved populations and ensure that monies 

20 set aside to fund services and activities for ra21 cial and ethnic and other underserved popu22 lations are distributed equally among those pop23 ulations.’’. 

24 (e) TRIBAL AND TERRITORIAL SETASIDES.—Section 

25 2007 of the Omnibus Crime Control and Safe Streets Act 
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1 of 1968 (42 U.S.C. 3796gg–1), as redesignated by sub2 section (c), is amended— 

3 (1) in subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘5 per5 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), by striking ‘‘1 6 ⁄54’’ 

and inserting ‘‘1 7 ⁄56’’; 

8 (C) in paragraph (3), by striking ‘‘and the 

9 coalition for the combined Territories of the 

10 United States, each receiving an amount equal 

to 1 11 ⁄54’’ and inserting ‘‘Guam, American Samoa, 

12 the United States Virgin Islands, and the Com13 monwealth of the Northern Mariana Islands, 

each receiving an amount equal to 1 14 ⁄56’’; 

(D) in paragraph (4), by striking ‘‘1 15 ⁄54’’ 

and inserting ‘‘1 16 ⁄56’’; 

17 (E) in paragraph (5), by striking ‘‘and’’ 

18 after the semicolon; 

19 (F) in paragraph (6), by striking the pe20 riod and inserting ‘‘; and’’; and 

21 (G) by adding at the end: 

22 ‘‘(7) such funds shall remain available until ex23 pended.’’; 

24 (2) in subsection (c)(3)(B), by inserting after 

25 ‘‘victim services’’ the following: ‘‘, of which at least 
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1 10 percent shall be distributed to culturally specific 

2 community-based organizations’’; and 

3 (3) in subsection (d)— 

4 (A) in paragraph (2), by striking ‘‘and’’ 

5 after the semicolon; 

6 (B) in paragraph (3), by striking the pe7 riod and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(4) documentation showing that tribal, terri10 torial, State or local prosecution, law enforcement, 

11 and court and victim service provider subgrantees 

12 have consulted with tribal, territorial, State, or local 

13 victim services programs during the course of devel14 oping their grant applications in order to ensure 

15 that proposed services, activities and equipment ac16 quisitions are designed to promote the safety, con17 fidentiality, and economic independence of victims of 

18 domestic violence, sexual assault, stalking, and dat19 ing violence.’’. 

20 (f) TRAINING, TECHNICAL ASSISTANCE, AND DATA

21 COLLECTION.—Section 2007 of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

23 1), as redesignated by subsection (c), is amended by add24 ing at the end the following: 
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1 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA

2 COLLECTION.— 

3 ‘‘(1) IN GENERAL.—Of the total amounts ap4 propriated under this part, not less than 3 percent 

5 and up to 8 percent shall be available for providing 

6 training, technical assistance, and data collection re7 lating to the purpose areas of this part to improve 

8 the capacity of grantees, subgrantees and other enti9 ties to offer services and assistance to victims of do10 mestic violence, sexual assault, stalking, and dating 

11 violence. 

12 ‘‘(2) INDIAN TRAINING.—The Director of the 

13 Violence Against Women Office shall ensure that 

14 training or technical assistance regarding violence 

15 against Indian women will be developed and pro16 vided by entities having expertise in tribal law and 

17 culture.’’. 

18 (g) AVAILABILITY OF FORENSIC MEDICAL EXAMS.— 

19 Section 2010 of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3796gg–4), as redesig21 nated by subsection (c), is amended by adding at the end 

22 the following: 

23 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov24 ernment may use Federal grant funds under this part to 

25 pay for forensic medical exams performed by trained ex-
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1 aminers for victims of sexual assault, except that such 

2 funds may not be used to pay for forensic medical exams 

3 by any State or Indian tribal government that requires 

4 victims of sexual assault to seek reimbursement for such 

5 exams from their insurance carriers. 

6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to permit a State to require a vic8 tim of sexual assault to participate in the criminal justice 

9 system or cooperate with law enforcement in order to be 

10 provided with a forensic medical exam, reimbursement for 

11 charges incurred on account of such an exam, or both.’’. 

12 (h) POLYGRAPH TESTING PROHIBITION.—Part T of 

13 title I of the Omnibus Crime Control and Safe Streets Act 

14 of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding 

15 at the end the following new section: 

16 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

17 ‘‘In order to be eligible for grants under this part, 

18 a State, Indian tribal government, or unit of local govern19 ment must certify within three years of enactment of the 

20 Violence Against Women Reauthorization Act of 2005 

21 that their laws, policies, or practices ensure that no law 

22 enforcement officer, prosecuting officer or other govern23 ment official shall ask or require an adult or child victim 

24 of a sex offense as defined under Federal, Tribal, State, 

25 Territorial or local law to submit to a polygraph examina-
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1 tion or similar truth-telling device or method as a condi2 tion for proceeding with the investigation, charging or 

3 prosecution of such an offense. A victim’s refusal to sub4 mit to the aforementioned shall not prevent the investiga5 tion, charging or prosecution of the pending case.’’. 

6 (i) NO MATCHING REQUIREMENT.—Part T of title 

7 I of the Omnibus Crime Control and Safe Streets Act of 

8 1968 (42 U.S.C. 3796gg et seq.) is amended by adding 

9 at the end the following new section: 

10 ‘‘SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN 

11 GRANTEES. 

12 ‘‘No matching funds shall be required for a grant or 

13 subgrant made under this part, if made to a small law 

14 enforcement agency (under 20 officers) or to a victim serv15 ice provider.’’. 

16 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

17 PROTECTION ORDERS IMPROVEMENTS. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 1001(a)(19) of title I of the Omnibus Crime Control and 

20 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is 

21 amended by striking ‘‘$65,000,000 for each of fiscal years 

22 2001 through 2005’’ and inserting ‘‘$75,000,000 for each 

23 of fiscal years 2006 through 2010. Funds appropriated 

24 under this paragraph shall remain available until ex25 pended.’’. 
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1 (b) GRANTEE REQUIREMENTS.—Section 2101 of the 

2 Omnibus Crime Control and Safe Streets Act of 1968 (42 

3 U.S.C. 3796hh) is amended— 

4 (1) in subsection (a), by striking ‘‘to treat do5 mestic violence as a serious violation’’ and inserting 

6 ‘‘to treat domestic violence, dating violence, sexual 

7 assault, and stalking as serious violations’’; 

8 (2) in subsection (b)— 

9 (A) in the matter before paragraph (1), by 

10 inserting after ‘‘State’’ the following: ‘‘, tribal, 

11 territorial,’’; 

12 (B) in paragraph (1), by striking ‘‘manda13 tory arrest or’’; 

14 (C) in paragraph (2), by— 

15 (i) inserting after ‘‘educational pro16 grams,’’ the following: ‘‘protection order 

17 registries,’’; 

18 (ii) striking ‘‘domestic violence and 

19 dating violence’’ and inserting ‘‘domestic 

20 violence, dating violence, sexual assault, 

21 and stalking. Policies, educational pro22 grams, registries, and training described in 

23 this paragraph shall incorporate confiden24 tiality and privacy protections for victims 
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1 of domestic violence, dating violence, sex2 ual assault, and stalking’’; 

3 (D) in paragraph (3), by— 

4 (i) striking ‘‘domestic violence cases’’ 

5 and inserting ‘‘domestic violence, dating vi6 olence, sexual assault, and stalking cases’’; 

7 and 

8 (ii) striking ‘‘groups’’ and inserting 

9 ‘‘teams’’; 

10 (E) in paragraph (5), by striking ‘‘domes11 tic violence and dating violence’’ and inserting 

12 ‘‘domestic violence, dating violence, sexual as13 sault, and stalking’’; 

14 (F) in paragraph (6), by— 

15 (i) striking ‘‘other’’ and inserting 

16 ‘‘civil’’; and 

17 (ii) inserting after ‘‘domestic violence’’ 

18 the following: ‘‘, dating violence, sexual as19 sault, and stalking’’; and 

20 (G) by adding at the end the following: 

21 ‘‘(9) To enhance and support the capacity of 

22 victims services programs to collaborate with and in23 form efforts by State and local jurisdictions and 

24 public officials and agencies to develop best practices 

25 and policies regarding arrest of domestic violence, 
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1 dating violence, sexual assault, and stalking offend2 ers and to strengthen protection order enforcement 

3 and to reduce or eliminate domestic violence, dating 

4 violence, sexual assault, and stalking. 

5 ‘‘(10) To develop State, tribal, territorial, or 

6 local policies, procedures, and protocols for pre7 venting dual arrests and prosecutions in cases of do8 mestic violence, dating violence, sexual assault, and 

9 stalking and to develop effective methods for identi10 fying the pattern and history of abuse that indicates 

11 which party is the actual perpetrator of abuse. 

12 ‘‘(11) To plan, develop and establish com13 prehensive victim service and support centers, such 

14 as family justice centers, designed to bring together 

15 victim advocates from non-profit, non-governmental 

16 victim services organizations, law enforcement offi17 cers, prosecutors, probation officers, governmental 

18 victim assistants, forensic medical professionals, civil 

19 legal attorneys, chaplains, legal advocates, represent20 atives from community-based organizations and 

21 other relevant public or private agencies or organiza22 tions into one centralized location, in order to im23 prove safety, access to services, and confidentiality 

24 for victims and families. 
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1 ‘‘(12) To develop and implement policies and 

2 training for police, prosecutors, and the judiciary in 

3 recognizing, investigating, and prosecuting instances 

4 of sexual assault, with an emphasis on recognizing 

5 the threat to the community for repeat crime per6 petration by such individuals.’’; 

7 (3) in subsection (c)— 

8 (A) in paragraph (3), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in paragraph (4), by striking the pe11 riod and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(5) certify within three years of enactment of 

14 the Violence Against Women Reauthorization Act of 

15 2005 that their laws, policies, or practices ensure 

16 that— 

17 ‘‘(A) no law enforcement officer, pros18 ecuting officer or other government official shall 

19 ask or require an adult or child victim of a sex 

20 offense as defined under Federal, tribal, State, 

21 territorial, or local law to submit to a polygraph 

22 examination or other truth telling device as a 

23 condition for proceeding with the investigation, 

24 charging or prosecution of such an offense; and 
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1 ‘‘(B) the refusal of a victim to submit to 

2 an examination described in subparagraph (A) 

3 shall not prevent the investigation, charging or 

4 prosecution of the offense.’’; and 

5 (4) by striking subsections (d) and (e) and in6 serting the following: 

7 ‘‘(d) ALLOTMENT FOR INDIAN TRIBES.—Not less 

8 than 10 percent of the total amount made available for 

9 grants under this section for each fiscal year shall be avail10 able for grants to Indian tribe governments.’’. 

11 (c) APPLICATIONS.—Section 2102(b) of the Omnibus 

12 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

13 3796hh–1(b)) is amended in each of paragraphs (1) and 

14 (2) by inserting after ‘‘involving domestic violence’’ the fol15 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

16 (d) TRAINING, TECHNICAL ASSISTANCE, CONFIDEN17 TIALITY.—Part U of title I of the Omnibus Crime Control 

18 and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) 

19 is amended by adding at the end the following: 

20 ‘‘SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE. 

21 ‘‘Of the total amounts appropriated under this part, 

22 not less than 5 percent and up to 8 percent shall be avail23 able for providing training, technical assistance, and data 

24 collection relating to the purpose areas of this part to im25 prove the capacity of grantees, subgrantees and other enti-
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1 ties to offer services and assistance to victims of domestic 

2 violence and dating violence.’’. 

3 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVE4 MENTS. 

5 Section 1201 of the Violence Against Women Act of 

6 2000 (42 U.S.C. 3796gg–6) is amended— 

7 (1) in subsection (a), by— 

8 (A) inserting before ‘‘legal assistance’’ the 

9 following: ‘‘civil and criminal’’; 

10 (B) inserting after ‘‘effective aid to’’ the 

11 following: ‘‘adult and minor’’; 

12 (C) striking ‘‘domestic violence, stalking, 

13 or sexual assault’’ and inserting ‘‘domestic vio14 lence, dating violence, sexual assault, or stalk15 ing’’; and 

16 (D) inserting at the end the following: 

17 ‘‘The Attorney shall use funds appropriated 

18 under this section only for the purposes de19 scribed in subsection (c).’’; 

20 (2) in subsection (c), by striking ‘‘private non21 profit entities, Indian tribal governments’’ and in22 serting ‘‘nonprofit, nongovernmental organizations, 

23 Indian tribal governments and tribal organizations, 

24 territorial organizations’’; 
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1 (3) in paragraphs (1), (2), and (3) of sub2 section (c), by striking ‘‘victims of domestic violence, 

3 sexual assault, and stalking’’ wherever it appears 

4 and inserting ‘‘victims of domestic violence, dating 

5 violence, sexual assault, and stalking’’; 

6 (4) in subsection (d)— 

7 (A) in paragraph (1), by striking ‘‘domes8 tic violence or sexual assault’’ and inserting 

9 ‘‘domestic violence, dating violence, sexual as10 sault, or stalking’’; 

11 (B) by striking paragraphs (2) and (3) and 

12 inserting the following: 

13 ‘‘(2) any training program conducted in satis14 faction of the requirement of paragraph (1) has been 

15 or will be developed with input from and in collabo16 ration with a tribal, State, territorial, or local do17 mestic violence, dating violence, sexual assault or 

18 stalking organization or coalition, as well as appro19 priate tribal, State, territorial, and local law enforce20 ment officials; 

21 ‘‘(3) any person or organization providing legal 

22 assistance through a program funded under sub23 section (c) has informed and will continue to inform 

24 tribal, State, territorial, or local domestic violence, 

25 dating violence, sexual assault or stalking organiza-
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1 tions and coalitions, as well as appropriate tribal, 

2 State, territorial, and local law enforcement officials 

3 of their work; and’’; and 

4 (C) in paragraph (4), by inserting ‘‘dating 

5 violence,’’ after ‘‘domestic violence,’’; 

6 (5) in subsection (e), by inserting ‘‘dating vio7 lence,’’ after ‘‘domestic violence,’’; and 

8 (6) in subsection (f)— 

9 (A) by striking paragraph (1) and insert10 ing the following: 

11 ‘‘(1) IN GENERAL.—There is authorized to be 

12 appropriated to carry out this section $65,000,000 

13 for each of fiscal years 2006 through 2010. Funds 

14 appropriated under this section shall remain avail15 able until expended and may only be used for the 

16 specific programs and activities described in this sec17 tion.’’; and 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A), by— 

20 (I) striking ‘‘5 percent’’ and in21 serting ‘‘10 percent’’; 

22 (II) striking ‘‘programs’’ and in23 serting ‘‘tribal governments or tribal 

24 organizations’’; 
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1 (III) inserting ‘‘adult and minor’’ 

2 after ‘‘that assist’’; and 

3 (IV) striking ‘‘domestic violence, 

4 stalking, and sexual assault’’ and in5 serting ‘‘domestic violence, dating vio6 lence, sexual assault, and stalking’’; 

7 and 

8 (ii) in subparagraph (B), by striking 

9 ‘‘technical assistance to support projects 

10 focused solely or primarily on providing 

11 legal assistance to victims of sexual as12 sault’’ and inserting ‘‘technical assistance 

13 in civil and crime victim matters to adult 

14 and minor victims of sexual assault’’. 

15 SEC. 104. COURT TRAINING AND IMPROVEMENTS. 

16 The Violence Against Women Act of 1994 (108 Stat. 

17 1902 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘Subtitle J—Violence Against 

20 Women Act Court Training and 

21 Improvements 

22 ‘‘SEC. 41001. SHORT TITLE. 

23 ‘‘This subtitle may be cited as the ‘Violence Against 

24 Women Act Court Training and Improvements Act of 

25 2005’. 
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1 ‘‘SEC. 41002. PURPOSE. 

2 ‘‘The purpose of this subtitle is to enable the Attor3 ney General, though the Director of the Office on Violence 

4 Against Women, to award grants to improve court re5 sponses to adult and youth domestic violence, dating vio6 lence, sexual assault, and stalking to be used for the fol7 lowing purposes— 

8 ‘‘(1) improved internal civil and criminal court 

9 functions, responses, practices, and procedures; 

10 ‘‘(2) education for court-based and court-related 

11 personnel on issues relating to victims’ needs, in12 cluding safety, security, privacy, confidentiality and 

13 economic independence, as well as information about 

14 perpetrator behavior and best practices for holding 

15 perpetrators accountable; 

16 ‘‘(3) collaboration and training with Federal, 

17 State, and local public agencies and officials and 

18 nonprofit, non-governmental organizations to im19 prove implementation and enforcement of relevant 

20 Federal, State, tribal, territorial and local law; 

21 ‘‘(4) to enable courts or court-based or court-re22 lated programs to develop new or enhance current— 

23 ‘‘(A) court infrastructure (such as special24 ized courts, dockets, intake centers, or inter25 preter services and linguistically and culturally 

26 specific services); 
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1 ‘‘(B) community-based initiatives within 

2 the court system (such as court watch pro3 grams, victim advocates, or community-based 

4 supplementary services); 

5 ‘‘(C) offender management, monitoring, 

6 and accountability programs; 

7 ‘‘(D) safe and confidential information8 storage and -sharing databases within and be9 tween court systems; 

10 ‘‘(E) education and outreach programs 

11 (such as interpreters) to improve community 

12 access, including enhanced access for racial and 

13 ethnic communities and racial and ethnic and 

14 other underserved populations (as described in 

15 section 40002); and 

16 ‘‘(F) other projects likely to improve court 

17 responses to domestic violence, dating violence, 

18 sexual assault, and stalking; and 

19 ‘‘(5) to provide technical assistance to tribal, 

20 Federal, State, territorial or local courts wishing to 

21 improve their practices and procedures or to develop 

22 new programs. 

23 ‘‘SEC. 41003. GRANT REQUIREMENTS. 

24 ‘‘Grants awarded under this subtitle shall be subject 

25 to the following conditions: 
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1 ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees 

2 may include— 

3 ‘‘(A) tribal, Federal, State, territorial or 

4 local courts or court-based pro grams; and 

5 ‘‘(B) national, tribal, State, or local pri6 vate, nonprofit organizations with demonstrated 

7 expertise in developing and providing judicial 

8 education about domestic violence, dating vio9 lence, sexual assault, or stalking. 

10 ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligi11 ble for a grant under section 41003, applicants shall 

12 certify in writing that— 

13 ‘‘(A) any courts or court-based personnel 

14 working directly with or making decisions about 

15 adult or minor parties experiencing domestic vi16 olence, dating violence, sexual assault, and 

17 stalking have completed or will complete edu18 cation about domestic violence, dating violence, 

19 sexual assault, and stalking; 

20 ‘‘(B) any education program developed 

21 under section 41002 has been or will be devel22 oped with significant input from and in collabo23 ration with a national, tribal, State, territorial, 

24 or local victim services provider or coalition; 

25 and 
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1 ‘‘(C) the grantee’s internal organizational 

2 policies, procedures, or rules do not require me3 diation or counseling between offenders and vic4 tims physically together in cases where domestic 

5 violence, dating violence, sexual assault, or 

6 stalking is an issue. 

7 ‘‘SEC. 41004. EVALUATION. 

8 ‘‘(a) IN GENERAL.—The Attorney General, through 

9 the Director of the Office on Violence Against Women, 

10 may evaluate the grants funded under section 41002. 

11 ‘‘(b) TRIBAL GRANTEES.—Evaluation of tribal grant12 ees under this section shall be conducted by entities with 

13 expertise in Federal Indian law and tribal court practice. 

14 ‘‘SEC. 41005. NATIONAL EDUCATIONAL CURRICULA. 

15 ‘‘(a) IN GENERAL.—The Attorney General, through 

16 the Director of the Office on Violence Against Women, 

17 shall fund efforts to develop a national education cur18 riculum for use by State and national judicial educators 

19 to ensure that all courts and court personnel have access 

20 to information about relevant Federal, State, territorial, 

21 or local law, promising practices, procedures, and policies 

22 regarding court responses to adult and youth domestic vio23 lence, dating violence, sexual assault, and stalking. 

24 ‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed 

25 under this section— 
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1 ‘‘(1) shall be developed by an entity or entities 

2 having demonstrated expertise in developing judicial 

3 education curricula on issues relating to domestic vi4 olence, dating violence, sexual assault, and stalking; 

5 or 

6 ‘‘(2) if the primary grantee does not have dem7 onstrated expertise such issues, the curricula shall 

8 be developed by the primary grantee in partnership 

9 with an organization having such expertise. 

10 ‘‘SEC. 41006. TRIBAL CURRICULA. 

11 ‘‘(a) IN GENERAL.—The Attorney General, through 

12 the Office on Violence Against Women, shall fund efforts 

13 to develop education curricula for tribal court judges to 

14 ensure that all tribal courts have relevant information 

15 about promising practices, procedures, policies, and law 

16 regarding tribal court responses to adult and youth domes17 tic violence, dating violence, sexual assault, and stalking. 

18 ‘‘(b) ELIGIBLE ENTITIES.—Any curricula developed 

19 under this section— 

20 ‘‘(1) shall be developed by a tribal organization 

21 having demonstrated expertise in developing judicial 

22 education curricula on issues relating to domestic vi23 olence, dating violence, sexual assault, and stalking; 

24 and 
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1 ‘‘(2) if the primary grantee does not have such 

2 expertise, the curricula shall be developed by the pri3 mary grantee through partnership with organiza4 tions having such expertise. 

5 ‘‘SEC. 41007. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There is authorized to be appro7 priated to carry out this subtitle $5,000,000 for each of 

8 fiscal years 2006 to 2010. 

9 ‘‘(b) AVAILABILITY.—Funds appropriated under this 

10 section shall remain available until expended and may only 

11 be used for the specific programs and activities described 

12 in this subtitle. 

13 ‘‘(c) SET ASIDE.—Of the amounts made available 

14 under this subsection in each fiscal year, not less than 10 

15 percent shall be used for grants to tribes. 

16 ‘‘SEC. 41008. ACCESS TO JUSTICE FOR TEENS. 

17 ‘‘(a) PURPOSE.—It is the purpose of this section to 

18 encourage cross training and collaboration between the 

19 courts, domestic violence and sexual assault service pro20 viders, youth organizations and service providers, violence 

21 prevention programs, and law enforcement agencies, so 

22 that communities can establish and implement policies, 

23 procedures, and practices to protect and more comprehen24 sively and effectively serve youth victims of dating vio25 lence, domestic violence, sexual assault, and stalking be-
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•HR 2876 IH 

1 tween the ages of 12 and 24, and to engage, where nec2 essary, other entities addressing the safety, health, mental 

3 health, social service, housing, and economic needs of 

4 youth victims of domestic violence, dating violence, sexual 

5 assault, and stalking. 

6 ‘‘(b) GRANT AUTHORITY.— 

7 ‘‘(1) IN GENERAL.—The Attorney General, 

8 through the Director of the Office on Violence 

9 Against Women (in this section referred to as the 

10 ‘Director’), shall make grants to eligible entities to 

11 enable entities to jointly carry out cross training and 

12 other collaborative initiatives that seek to carry out 

13 the purposes of this section. Amounts appropriated 

14 under this section may only be used for programs 

15 and activities described under subsection (c). 

16 ‘‘(2) GRANT PERIODS.—Grants shall be award17 ed under this section for a period of 3 fiscal years. 

18 ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a 

19 grant under this section, a grant applicant shall es20 tablish a collaboration that shall include— 

21 ‘‘(A) a Tribal, State, Territorial or local 

22 juvenile, family, civil, criminal or other trial 

23 court with jurisdiction over domestic violence, 

24 dating violence, sexual assault or stalking cases 

25 (hereinafter referred to as ‘‘courts’’); and 
32 

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1 ‘‘(B) a victim service provider that has ex2 perience in working on domestic violence, dating 

3 violence, sexual assault, or stalking and the ef4 fect that those forms of abuse have on young 

5 people. 

6 ‘‘(c) USES OF FUNDS.—An entity that receives a 

7 grant under this section shall use the funds made available 

8 through the grant for cross-training and collaborative ef9 forts to— 

10 ‘‘(1) assess and analyze currently available serv11 ices for youth victims of domestic violence, dating vi12 olence, sexual assault, and stalking; determine rel13 evant barriers to such services in a particular local14 ity; 

15 ‘‘(2) establish and enhance linkages and col16 laboration between courts; domestic violence or sex17 ual assault service providers, and, where applicable, 

18 law enforcement agencies, and other entities ad19 dressing the safety, health, mental health, social 

20 service, housing, and economic needs of youth vic21 tims of domestic violence, dating violence, sexual as22 sault or stalking, including community-based sup23 ports such as schools, local health centers, commu24 nity action groups, and neighborhood coalitions to 

25 identify, assess, and respond appropriately to the 
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•HR 2876 IH 

1 varying needs of youth victims of dating violence, 

2 domestic violence, sexual assault or stalking; 

3 ‘‘(3) educate the staff of courts, domestic vio4 lence and sexual assault service providers, and, as 

5 applicable, the staff of law enforcement agencies, 

6 youth organizations, schools, healthcare providers 

7 and other community prevention and intervention 

8 programs to responsibly address youth victims and 

9 perpetrators of domestic violence, dating violence, 

10 sexual assault and stalking, and to understand rel11 evant laws, court procedures and policies; and 

12 ‘‘(4) provide appropriate resources in juvenile 

13 court matters to respond to dating violence, domestic 

14 violence, sexual assault and stalking and assure nec15 essary services dealing with the health and mental 

16 health of youth victims are available. 

17 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a 

18 grant under this section, the entities that are members 

19 of the applicant collaboration described in subsection 

20 (b)(3) shall jointly submit an application to the Director 

21 at such time, in such manner, and containing such infor22 mation as the Director may require. 

23 ‘‘(e) PRIORITY.—In awarding grants under this sec24 tion, the Director shall give priority to entities that have 

25 submitted applications in partnership with law enforce-
34 

•HR 2876 IH 

1 ment agencies and religious and community organizations 

2 and service providers that work primarily with youth, es3 pecially teens, and who have demonstrated a commitment 

4 to coalition building and cooperative problem solving in 

5 dealing with problems of dating violence, domestic vio6 lence, sexual assault, and stalking in teen populations. 

7 ‘‘(f) DISTRIBUTION.—In awarding grants under this 

8 section— 

9 ‘‘(1) not less than 10 percent of funds appro10 priated under this section in any year shall be avail11 able for grants to collaborations involving tribal 

12 courts, tribal coalitions, tribal organizations, or do13 mestic violence or sexual assault service providers 

14 the primary purpose of which is to provide culturally 

15 relevant services to American Indian or Alaska Na16 tive women or youth; 

17 ‘‘(2) the Director shall not use more than 2.5 

18 percent of funds appropriated under this section in 

19 any year for monitoring and evaluation of grants 

20 made available under this section; 

21 ‘‘(3) the Attorney General shall not use more 

22 than 2.5 percent of funds appropriated under this 

23 section in any year for administration of grants 

24 made available under this section; and 
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•HR 2876 IH 

1 ‘‘(4) up to 8 percent of funds appropriated 

2 under this section in any year shall be available to 

3 provide technical assistance for programs funded 

4 under this section. 

5 ‘‘(g) REPORTING AND DISSEMINATION OF INFORMA6 TION.— 

7 ‘‘(1) REPORTS.—Each of the entities that are 

8 members of the applicant collaboration described in 

9 subsection (b)(3) and that receive a grant under this 

10 section shall jointly prepare and submit a report to 

11 the Director every 18 months detailing the activities 

12 that the entities have undertaken under the grant 

13 and such additional information as the Director may 

14 require. 

15 ‘‘(2) DISSEMINATION OF INFORMATION.—Not 

16 later than 12 months after the end of the grant pe17 riod under this section, the Director shall prepare, 

18 submit to Congress, and make widely available, in19 cluding through electronic means, summaries that 

20 contain information on— 

21 ‘‘(A) the activities implemented by the re22 cipients of the grants awarded under this sec23 tion; and 

24 ‘‘(B) related initiatives undertaken by the 

25 Director to promote attention to dating vio-
36 

•HR 2876 IH 

1 lence, domestic violence, sexual assault, and 

2 stalking and their impact on young victims 

3 by— 

4 ‘‘(i) the staffs of courts; 

5 ‘‘(ii) domestic violence, dating vio6 lence, sexual assault, and stalking service 

7 providers; and 

8 ‘‘(iii) law enforcement agencies and 

9 community organizations. 

10 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section, 

12 $5,000,000 in each of fiscal years 2006 through 2010.’’. 

13 SEC. 105. FULL FAITH AND CREDIT IMPROVEMENTS. 

14 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

15 BY TERRITORIES.—Section 2265 of title 18, United 

16 States Code, are amended by— 

17 (1) striking ‘‘or Indian tribe’’ each place it ap18 pears and inserting ‘‘, Indian tribe, or territory’’; 

19 and 

20 (2) striking ‘‘State or tribal’’ each place it ap21 pears and inserting ‘‘State, tribal, or territorial’’. 

22 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE23 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

24 2265(a) of title 18, United States Code, is amended by 

25 striking ‘‘and enforced as if it were’’ and inserting ‘‘and 
37 

•HR 2876 IH 

1 enforced by the court and law enforcement personnel of 

2 the other State, Indian tribal government or Territory as 

3 if it were’’. 

4 (c) PROTECTION ORDERS.—Sections 2265 and 2266 

5 of title 18, United States Code, are amended by striking 

6 ‘‘protection order’’ each place it appears and inserting 

7 ‘‘protection order, restraining order, or injunction’’. 

8 (d) LIMITS ON INTERNET PUBLICATION OF PROTEC9 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF

13 REGISTRATION INFORMATION.—A State, Indian 

14 tribe, or territory shall not publish publicly on the 

15 Internet any information regarding the registration 

16 or filing of a protection order, restraining order, or 

17 injunction in either the issuing or enforcing State, 

18 tribal or territorial jurisdiction, if such publication 

19 would be likely to publicly reveal the identity or loca20 tion of the party protected under such order. A 

21 State, Indian tribe, or territory may share court-gen22 erated law enforcement generated information con23 tained in secure, governmental registries for protec24 tion order enforcement purposes.’’. 
38 

•HR 2876 IH 

1 (e) DEFINITIONS.—Section 2266 of title 18, United 

2 States Code, is amended by striking paragraph (5) and 

3 inserting the following: 

4 ‘‘(5) PROTECTION ORDER, RESTRAINING

5 ORDER, OR INJUNCTION.—The term ‘protection 

6 order, restraining order, or injunction’ includes— 

7 ‘‘(A) any injunction or other order issued 

8 by a civil or criminal court for the purpose of 

9 preventing violent or threatening acts or har10 assment against, sexual violence, or contact or 

11 communication with or physical proximity to, 

12 another person, including any temporary or 

13 final order issued by a civil or criminal court 

14 whether obtained by filing an independent ac15 tion or as a pendente lite order in another pro16 ceeding so long as any civil or criminal order 

17 was issued in response to a complaint, petition, 

18 or motion filed by or on behalf of a person seek19 ing protection; and 

20 ‘‘(B) any support, child custody or visita21 tion provisions, orders, remedies or relief issued 

22 as part of a protection order, restraining order, 

23 or injunction pursuant to State, tribal, terri24 torial, or local law authorizing the issuance of 

25 protection orders, restraining orders, or injunc-
39 

•HR 2876 IH 

1 tions for the protection of victims of domestic 

2 violence, sexual assault, dating violence, or 

3 stalking.’’. 

4 SEC. 106. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES5 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

6 VIOLENCE, AND STALKING. 

7 The Violence Against Women Act of 1994 (108 Stat. 

8 1902 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘Subtitle K—Privacy Protections 

11 for Victims of Domestic Vio12 lence, Dating Violence, Sexual 

13 Violence, and Stalking 

14 ‘‘SEC. 41101. TASK FORCE. 

15 ‘‘The Attorney General shall establish a task force 

16 to review and report on policies, procedures, and techno17 logical issues that may affect the privacy and confiden18 tiality of victims of domestic violence, dating violence, 

19 stalking and sexual assault. The Attorney General shall 

20 include representatives from States, tribes, territories and 

21 private/non-profit organizations whose mission is to help 

22 develop a best practices model to prevent personally identi23 fying information of adult and minor victims of domestic 

24 violence, dating violence, stalking and sexual assault from 

25 being released to the detriment of such victimized persons. 
40 

•HR 2876 IH 

1 The Attorney General shall designate one staff member 

2 to work with the task force. The Attorney General is 

3 authorzed to make grants to develop a demonstration 

4 project to implement the best practices identified by the 

5 Task Force. 

6 ‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘(a) IN GENERAL.—There is authorized to be appro8 priated to carry out this subtitle $1,000,000 for each of 

9 fiscal years 2006 through 2010. 

10 ‘‘(b) AVAILABILITY.—Amounts appropriated under 

11 this section shall remain available until expended and may 

12 only be used for the specific programs and activities de13 scribed in this subtitle.’’. 

14 SEC. 107. STALKER DATABASE. 

15 Section 40603 of the Violence Against Women Act 

16 of 1994 (42 U.S.C. 14032) is amended— 

17 (1) by striking ‘‘2001’’ and inserting ‘‘2006’’; 

18 and 

19 (2) by striking ‘‘2006’’ and inserting ‘‘2010’’. 

20 SEC. 108. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA. 

21 Section 40114 of the Violence Against Women Act 

22 of 1994 (Public Law 103–322) is amended to read as fol23 lows: 
41 

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1 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS2 SISTANTS. 

3 ‘‘There are authorized to be appropriated for the 

4 United States attorneys for the purpose of appointing vic5 tim assistants for the prosecution of sex crimes and do6 mestic violence crimes where applicable (such as the Dis7 trict of Columbia), $1,000,000 for each of fiscal years 

8 2006 through 2010.’’. 

9 SEC. 109. PREVENTING CYBERSTALKING. 

10 (a) IN GENERAL.—Paragraph (1) of section 223 (h) 

11 of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) 

12 is amended— 

13 (1) in subparagraph (A), by striking ‘‘and’’ at 

14 the end; 

15 (2) in subparagraph (B), by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(C) in the case of subparagraph (C) of 

20 subsection (a)(1), includes any device or soft21 ware that can be used to originate telecommuni22 cations or other types of communications that 

23 are transmitted, in whole or in part, by the 

24 Internet (as such term is defined in section 

25 1104 of the Internet Tax Freedom Act (47 

26 U.S.C. 151 note)).’’. 
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1 (b) RULE OF CONSTRUCTION.—This section and the 

2 amendment made by this section may not be construed 

3 to affect the meaning given the term ‘‘telecommunications 

4 device’’ in section 223(h)(1) of the Communications Act 

5 of 1934, as in effect before the date of the enactment of 

6 this section. 

7 SEC. 110. REPEAT OFFENDER PROVISION. 

8 Chapter 110A of title 18, United States Code, is 

9 amended by adding after section 2265 the following: 

10 ‘‘§ 2265A. Repeat offender provision 

11 ‘‘The maximum term of imprisonment for a violation 

12 of this chapter after a prior interstate domestic violence 

13 offense (as defined in section 2261) or interstate violation 

14 of protection order (as defined in section 2262) or inter15 state stalking (as defined in sections 2261A(a) and 

16 2261A(b)) shall be twice the term otherwise provided for 

17 the violation.’’. 

18 SEC. 111. PROHIBITING DATING VIOLENCE. 

19 Section 2261(a) of title 18, United States Code, is 

20 amended— 

21 (1) in paragraph (1), striking ‘‘or intimate 

22 partner’’ and inserting ‘‘, intimate partner, or dating 

23 partner’’; and 
43 

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1 (2) in paragraph (2), striking ‘‘or intimate 

2 partner’’ and inserting ‘‘, intimate partner, or dating 

3 partner’’. 

4 TITLE II—IMPROVING SERVICES 

5 FOR VICTIMS OF DOMESTIC 

6 VIOLENCE, DATING VIO7 LENCE, SEXUAL ASSAULT, 

8 AND STALKING 

9 SEC. 201. VIOLENCE AGAINST WOMEN PROGRAMS. 

10 (a) GRANT REQUIREMENTS.—Part T of title I of the 

11 Omnibus Crime Control and Safe Streets Act of 1968 (42 

12 U.S.C. 3796gg et seq.) is amended— 

13 (1) in section 2001, by adding at the end the 

14 following: 

15 ‘‘(d) FUNDING.— 

16 ‘‘(1) USE OF FUNDS.—Funds appropriated for 

17 grants under this part may only be used for the spe18 cific programs and activities expressly described in 

19 this part.’’; 

20 (2) by redesignating section 2004 (42 U.S.C. 

21 3796gg–0b) as subsection (e) of section 2003; 

22 (3) by redesignating section 2005 (42 U.S.C. 

23 3796gg–0c) as subsection (f) of section 2003; 

24 (4) by redesignating sections 2002 and 2003 as 

25 sections 2003 and 2004, respectively; 
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1 (5) by redesignating section 2006 (as added by 

2 section 402(3) of the Violence Against Women Of3 fice Act) as section 2005; 

4 (6) in section 2005, as redesignated, by adding 

5 at the end the following: ‘‘Any funds so appropriated 

6 shall remain available until expended.’’; and 

7 (7) by redesignating section 2007 as section 

8 2002. 

9 (b) DEFINITIONS.—Section 2002 of the Omnibus 

10 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

11 3796gg–2), as redesignated by subsection (a)(7), is 

12 amended— 

13 (1) by redesignating paragraph (8) as para14 graph (17); 

15 (2) by redesignating paragraph (7) as para16 graph (14); 

17 (3) by redesignating paragraph (6) as para18 graph (11); 

19 (4) by redesignating paragraphs (2), (3), and 

20 (4) as paragraphs (5), (6), and (7), respectively; 

21 (5) by redesignating paragraph (1) as para22 graph (2); 

23 (6) by redesignating paragraph (9) as para24 graph (1); 
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1 (7) by redesignating paragraph (5) as para2 graph (9); and 

3 (8) by inserting after paragraph (2), as redesig4 nated, the following: 

5 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. 

6 Part T of title I of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 

8 amended by inserting after section 2006 the following: 

9 ‘‘SEC. 2007. SEXUAL ASSAULT SERVICES ACT. 

10 ‘‘(a) PURPOSES.—The purposes of this section are— 

11 ‘‘(1) to assist States, tribes, and territories in 

12 providing intervention, advocacy, accompaniment, 

13 support services, and related assistance for— 

14 ‘‘(A) adult and minor victims of sexual as15 sault; 

16 ‘‘(B) family and household members of 

17 such victims; and 

18 ‘‘(C) those collaterally affected by the vic19 timization except for the perpetrator of such 

20 victimization; and 

21 ‘‘(2) to provide for technical assistance and 

22 training relating to sexual assault to— 

23 ‘‘(A) Federal, State, tribal, territorial and 

24 local governments, law enforcement agencies, 

25 and courts; 
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1 ‘‘(B) professionals working in legal, social 

2 service, and health care settings; 

3 ‘‘(C) nonprofit organizations; 

4 ‘‘(D) faith-based organizations; and 

5 ‘‘(E) other individuals and organizations 

6 seeking such assistance. 

7 ‘‘(b) GRANTS TO STATES AND TERRITORIES.— 

8 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

9 General shall award grants to States and territories 

10 to support the establishment, maintenance, and ex11 pansion of rape crisis centers and other programs 

12 and projects to assist those victimized by sexual as13 sault. 

14 ‘‘(2) ALLOCATION AND USE OF FUNDS.— 

15 ‘‘(A) ADMINISTRATIVE COSTS.—Not more 

16 than 5 percent of the grant funds received by 

17 a State or territory governmental agency under 

18 this subsection for any fiscal year may be used 

19 for administrative costs. 

20 ‘‘(B) GRANT FUNDS.—Any funds received 

21 by a State or territory under this subsection 

22 that are not used for administrative costs shall 

23 be used to provide grants to rape crisis centers 

24 and other nonprofit, nongovernmental organiza25 tions for programs and activities within such 
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1 State or territory that provide direct interven2 tion and related assistance. 

3 ‘‘(C) INTERVENTION AND RELATED AS4 SISTANCE.—Intervention and related assistance 

5 under subparagraph (B) may include— 

6 ‘‘(i) 24 hour hotline services providing 

7 crisis intervention services and referral; 

8 ‘‘(ii) accompaniment and advocacy 

9 through medical, criminal justice, and so10 cial support systems, including medical fa11 cilities, police, and court proceedings; 

12 ‘‘(iii) crisis intervention, short-term 

13 individual and group support services, and 

14 comprehensive service coordination, and 

15 supervision to assist sexual assault victims 

16 and family or household members; 

17 ‘‘(iv) support mechanisms that are 

18 culturally relevant to the community; 

19 ‘‘(v) information and referral to assist 

20 the sexual assault victim and family or 

21 household members; 

22 ‘‘(vi) community-based, linguistically, 

23 and culturally-specific service including 

24 outreach activities for racial and ethnic 

25 and other underserved communities and 
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1 linkages to existing services in these com2 munities; and 

3 ‘‘(vii) the development and distribu4 tion of educational materials on issues re5 lated to sexual assault and the services de6 scribed in clauses (i) through (vii). 

7 ‘‘(3) APPLICATION.— 

8 ‘‘(A) IN GENERAL.—Each eligible entity 

9 desiring a grant under this subsection shall 

10 submit an application to the Attorney General 

11 at such time and in such manner as the Attor12 ney General may reasonably require. 

13 ‘‘(B) CONTENTS.—Each application sub14 mitted under subparagraph (A) shall— 

15 ‘‘(i) set forth procedures designed to 

16 assure meaningful involvement of the State 

17 or territorial sexual assault coalition and 

18 representatives from racial and ethnic and 

19 other underserved communities in the de20 velopment of the application and the imple21 mentation of the plans; 

22 ‘‘(ii) set forth procedures designed to 

23 ensure an equitable distribution of grants 

24 and grant funds within the State or terri-
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1 tory and between urban and rural areas 

2 within such State or territory; 

3 ‘‘(iii) identify the State or territorial 

4 agency that is responsible for the adminis5 tration of programs and activities; and 

6 ‘‘(iv) meet other such requirements as 

7 the Attorney General reasonably deter8 mines are necessary to carry out the pur9 poses and provisions of this section. 

10 ‘‘(4) REPORTING.—Each State and territory re11 ceiving a grant under this subsection shall submit an 

12 annual report to the Attorney General that describes 

13 the activities carried out with such grant funds. 

14 ‘‘(5) ALLOCATION OF FUNDS.—The Attorney 

15 General shall allocate to each State not less than 

16 0.50 percent of the total amount so appropriated in 

17 a fiscal year for grants under this section, except 

18 that the United States Virgin Islands, American 

19 Samoa, Guam, the District of Columbia, Puerto 

20 Rico, and the Commonwealth of the Northern Mar21 iana Islands shall each be allocated 0.125 percent of 

22 the total appropriations. 

23 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

24 ADDRESSING SEXUAL ASSAULT.— 
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1 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

2 General shall award grants to eligible entities to 

3 support the establishment, maintenance, and expan4 sion of culturally specific intervention and related 

5 assistance for victims of sexual assault. 

6 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re7 ceive a grant under this section, an entity shall— 

8 ‘‘(A) be a private nonprofit organization 

9 that focuses primarily on racial and ethnic com10 munities; 

11 ‘‘(B) must have documented organizational 

12 experience in the area of sexual assault inter13 vention or have entered into a partnership with 

14 an organization having such expertise; 

15 ‘‘(C) have expertise in the development of 

16 community-based, linguistically and culturally 

17 specific outreach and intervention services rel18 evant for the specific racial and ethnic commu19 nities to whom assistance would be provided or 

20 have the capacity to link to existing services in 

21 the community tailored to the needs of racial 

22 and ethnic populations; and 

23 ‘‘(D) have an advisory board or steering 

24 committee and staffing which is reflective of the 

25 targeted racial and ethnic community. 
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1 ‘‘(3) USE OF FUNDS.—Funds appropriated 

2 under this section may be used for the purposes de3 scribed in this section. 

4 ‘‘(4) AWARD BASIS.—The Attorney General 

5 shall award grants under this section on a competi6 tive basis. 

7 ‘‘(5) DISTRIBUTION.— 

8 ‘‘(A) The Attorney General shall not use 

9 more than the 2.5 percent of funds appro10 priated under this subsection in any year for 

11 administration, monitoring, and evaluation of 

12 grants made available under this subsection. 

13 ‘‘(B) Up to 5 percent of funds appro14 priated under this section in any year shall be 

15 available for technical assistance by a national 

16 organization or organizations whose primary 

17 focus and expertise is in addressing sexual as18 sault within racial and ethnic communities. 

19 ‘‘(6) TERM.—The Attorney General shall make 

20 grants under this section for a period of no less than 

21 3 fiscal years. 

22 ‘‘(7) REPORTING.—Each entity receiving a 

23 grant under this subsection shall submit a report to 

24 the Attorney General that describes the activities out 

25 with such grant funds. 
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1 ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

2 SEXUAL ASSAULT COALITIONS.— 

3 ‘‘(1) GRANTS AUTHORIZED.— 

4 ‘‘(A) IN GENERAL.—The Attorney General 

5 shall award grants to State, territorial, and 

6 tribal sexual assault coalitions to assist in sup7 porting the establishment, maintenance, and ex8 pansion of such coalitions. 

9 ‘‘(B) MINIMUM AMOUNT.—Not less than 

10 10 percent of the total amount appropriated to 

11 carry out this section shall be used for grants 

12 under subparagraph (A). 

13 ‘‘(C) ELIGIBLE APPLICANTS.—Each of the 

14 State, territorial, and tribal sexual assault coali15 tions as determined by the National Center for 

16 Injury Prevention and Control in collaboration 

17 with the office or Violence Against Women at 

18 the Department of Justice. 

19 ‘‘(2) USE OF FUNDS.—Grant funds received 

20 under this subsection may be used to— 

21 ‘‘(A) work with local sexual assault pro22 grams and other providers of direct services to 

23 encourage appropriate responses to sexual as24 sault within the State, territory, or tribe; 
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1 ‘‘(B) work with judicial and law enforce2 ment agencies to encourage appropriate re3 sponses to sexual assault cases; 

4 ‘‘(C) work with courts, child protective 

5 services agencies, and children’s advocates to 

6 develop appropriate responses to child custody 

7 and visitation issues when sexual assault has 

8 been determined to be a factor; 

9 ‘‘(D) design and conduct public education 

10 campaigns; 

11 ‘‘(E) plan and monitor the distribution of 

12 grants and grant funds to their State, territory, 

13 or tribe; or 

14 ‘‘(F) collaborate with and inform Federal, 

15 State, or local public officials and agencies to 

16 develop and implement policies to reduce or 

17 eliminate sexual assault. 

18 ‘‘(3) ALLOCATION AND USE OF FUNDS.—From 

19 amounts appropriated for grants under this sub20 section for each fiscal year— 

21 ‘‘(A) not less than 10 percent of the funds 

22 shall be available for grants to tribal sexual as23 sault coalitions; 

24 ‘‘(B) the remaining funds shall be available 

25 for grants to State and territorial coalitions, 
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1 and the Attorney General shall allocate an 

amount equal to 1 2 ⁄56 of the amounts so appro3 priated to the Territories as defined in section 

4 4002(a)(20) of this Act. 

5 ‘‘(4) APPLICATION.—Each eligible entity desir6 ing a grant under this subsection shall submit an 

7 application to the Attorney General at such time, in 

8 such manner, and containing by such information as 

9 the Attorney General determines to be essential to 

10 carry out the purposes of this section. 

11 ‘‘(5) REPORTING.—Each State or territorial 

12 sexual assault coalition receiving a grant under this 

13 subsection shall submit a report to the Attorney 

14 General that describes activities carried out with 

15 such grant funds. 

16 ‘‘(6) FIRST-TIME APPLICANTS.—No entity shall 

17 be prohibited from submitting an application under 

18 this subsection during any fiscal year for which 

19 funds are available under this subsection because 

20 such entity has not previously applied or received 

21 funding under this subsection. 

22 ‘‘(e) GRANTS TO TRIBES.— 

23 ‘‘(1) GRANTS AUTHORIZED.—The Attorney 

24 General may award grants to Indian tribes, tribal 

25 organizations, and nonprofit tribal organizations ap-
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1 proved by an Indian tribe for the operation of a sex2 ual assault programs or projects in Indian country 

3 and Alaskan native villages to support the establish4 ment, maintenance, and expansion of programs and 

5 projects to assist those victimized by sexual assault. 

6 ‘‘(2) ALLOCATION AND USE OF FUNDS.— 

7 ‘‘(A) ADMINISTRATIVE COSTS.—Not more 

8 than 5 percent of the grant funds received by 

9 an Indian tribe, tribal organization, and non10 profit tribal organization under this subsection 

11 for any fiscal year may be used for administra12 tive costs. 

13 ‘‘(B) GRANT FUNDS.—Any funds received 

14 under this subsection that are not used for ad15 ministrative costs shall be used to provide 

16 grants to tribal organizations and nonprofit 

17 tribal organizations for programs and activities 

18 within Indian country and Alaskan native vil19 lages that provide direct intervention and re20 lated assistance. 

21 ‘‘(C) INTERVENTION AND RELATED AS22 SISTANCE.—Intervention and related assistance 

23 under subparagraph (B) may include— 

24 ‘‘(i) 24-hour hotline services providing 

25 crisis intervention services and referral; 
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1 ‘‘(ii) accompaniment and advocacy 

2 through medical, criminal justice, and so3 cial support systems, including medical fa4 cilities, police, and court proceedings; 

5 ‘‘(iii) crisis intervention, short-term 

6 individual and group support services, and 

7 case management and supervision to assist 

8 sexual assault victims and family or house9 hold members; 

10 ‘‘(iv) information and referral to as11 sist the sexual assault victim and family or 

12 household members; 

13 ‘‘(v) support mechanisms that are cul14 turally relevant to the community; 

15 ‘‘(vi) collaborating with and informing 

16 public officials and agencies in order to de17 velop and implement policies to reduce or 

18 eliminate sexual assault; and 

19 ‘‘(vii) the development and distribu20 tion of educational materials on issues re21 lated to sexual assault and the services de22 scribed in clauses (i) through (vi). 

23 ‘‘(3) REPORTING.—Each tribe receiving a grant 

24 under this subsection shall submit an annual report 
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1 to the Attorney General that describes the activities 

2 carried out with such grant funds. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

4 ‘‘(1) IN GENERAL.—There are authorized to be 

5 appropriated $60,000,000 for each of the fiscal 

6 years 2006 through 2010 to carry out the provisions 

7 of this section. Any amounts so appropriated shall 

8 remain available until expended. 

9 ‘‘(2) ALLOCATIONS.—Of the total amounts ap10 propriated for each fiscal year to carry out this sec11 tion— 

12 ‘‘(A) not more than 2.5 percent shall be 

13 used by the Attorney General for evaluation, 

14 monitoring, and other administrative costs 

15 under this section; 

16 ‘‘(B) not more than 2.5 percent shall be 

17 used for the provision of technical assistance to 

18 grantees and subgrantees under this section; 

19 ‘‘(C) not less than 65 percent shall be used 

20 for grants to States and territories under sub21 section (b); 

22 ‘‘(D) not less than 10 percent shall be used 

23 for making grants to State, territorial, and trib24 al sexual assault coalitions under subsection (c); 
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1 ‘‘(E) not less than 10 percent shall be used 

2 for grants to tribes under subsection (d); and 

3 ‘‘(F) not less than 10 percent shall be used 

4 for grants for culturally specific programs ad5 dressing sexual assault under subsection (c).’’. 

6 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO7 LENCE AND CHILD ABUSE ENFORCEMENT AS8 SISTANCE PROGRAM. 

9 Section 40295 of the Safe Homes for Women Act of 

10 1994 (42 U.S.C. 13971) is amended to read as follows: 

11 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO12 LENCE, SEXUAL ASSAULT, STALKING, AND 

13 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

14 ‘‘(a) PURPOSES.—The purposes of this section are— 

15 ‘‘(1) to identify, assess, and appropriately re16 spond to adult and minor domestic violence, sexual 

17 assault, dating violence, and stalking in rural com18 munities, by encouraging collaboration between— 

19 ‘‘(A) domestic violence, dating violence, 

20 sexual assault, and stalking victim service pro21 viders; 

22 ‘‘(B) law enforcement agencies; 

23 ‘‘(C) prosecutors; 

24 ‘‘(D) courts; 
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1 ‘‘(E) other criminal justice service pro2 viders; 

3 ‘‘(F) human and community service pro4 viders; 

5 ‘‘(G) educational institutions; and 

6 ‘‘(H) health care providers; 

7 ‘‘(2) to establish and expand nonprofit, non8 governmental, State, tribal, and local government 

9 services in rural communities to adult and minor vic10 tims; and 

11 ‘‘(3) to increase the safety and well-being of 

12 women and children in rural communities, by— 

13 ‘‘(A) dealing directly and immediately with 

14 domestic violence, sexual assault, dating vio15 lence, and stalking occurring in rural commu16 nities; and 

17 ‘‘(B) creating and implementing strategies 

18 to increase awareness and prevent domestic vio19 lence, sexual assault, dating violence, and stalk20 ing. 

21 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

22 acting through the Director of the Office on Violence 

23 Against Women (referred to in this section as the ‘Direc24 tor’), may award 3-year grants, with a possible extension 

25 for an additional 3 years, to States, Indian tribes, local 
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1 governments, and nonprofit, public or private entities, in2 cluding tribal nonprofit organizations, to carry out pro3 grams serving rural areas or rural communities that ad4 dress domestic violence, dating violence, sexual assault, 

5 and stalking by— 

6 ‘‘(1) implementing, expanding, and establishing 

7 cooperative efforts and projects between law enforce8 ment officers, prosecutors, victim advocacy groups, 

9 and other related parties to investigate and pros10 ecute incidents of domestic violence, dating violence, 

11 sexual assault, and stalking; 

12 ‘‘(2) providing treatment, counseling, and other 

13 long- and short-term assistance to adult and minor 

14 victims of domestic violence, dating violence, sexual 

15 assault, and stalking in rural communities; and 

16 ‘‘(3) working in cooperation with the commu17 nity to develop education and prevention strategies 

18 directed toward such issues. 

19 ‘‘(c) USE OF FUNDS.—Funds appropriated pursuant 

20 to this section shall be used only for specific programs and 

21 activities expressly described in subsection (a). 

22 ‘‘(d) ALLOTMENTS AND PRIORITIES.— 

23 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not 

24 less than 10 percent of the total amount made avail25 able for each fiscal year to carry out this section 
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1 shall be allocated for grants to Indian tribes or trib2 al organizations. 

3 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV4 ICES.—Not less than 40 percent of the total amount 

5 made available for each fiscal year to carry out this 

6 section shall be allocated for grants that meaning7 fully address sexual assault in rural communities. 

8 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSIST9 ANCE.—Of the amounts appropriated for each fiscal 

10 year to carry out this section, not more than 8 per11 cent may be used by the Director for technical as12 sistance costs. 

13 ‘‘(4) UNDERSERVED POPULATIONS.—In award14 ing grants under this section, the Director shall give 

15 priority to the needs of racial and ethnic and other 

16 underserved populations (as described in section 

17 40002). 

18 ‘‘(5) ALLOCATION OF FUNDS FOR RURAL

19 STATES.—Not less than 75 percent of the total 

20 amount made available for each fiscal year to carry 

21 out this section shall be allocated for grants to rural 

22 States. 

23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated $55,000,000 for each of the fiscal 

3 years 2006 through 2010 to carry out this section. 

4 ‘‘(2) ADDITIONAL FUNDING.—In addition to 

5 funds received through a grant under subsection (b), 

6 a law enforcement agency may use funds received 

7 through a grant under part Q of title I of the Omni8 bus Crime Control and Safe Streets Act of 1968 (42 

9 U.S.C. 3796dd et seq.) to accomplish the objectives 

10 of this section.’’. 

11 SEC. 204. ASSISTANCE FOR VICTIMS OF ABUSE. 

12 Part T of title I of the Omnibus Crime Control and 

13 Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 

14 amended by adding at the end the following: 

15 ‘‘SEC. 2011. ASSISTANCE FOR VICTIMS OF ABUSE. 

16 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

17 may award grants to appropriate entities— 

18 ‘‘(1) to provide services for victims of domestic 

19 violence and sexual assault who are 50 years of age 

20 or older; 

21 ‘‘(2) to increase the physical accessibility of 

22 buildings in which services are or will be rendered 

23 for victims of domestic violence and sexual assault 

24 who are 50 years of age or older; 
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1 ‘‘(3) to provide training, consultation, and in2 formation on domestic violence, dating violence, 

3 stalking, and sexual assault against women and girls 

4 who are individuals with disabilities (as defined in 

5 section 3 of the Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12102)), and to enhance direct 

7 services to such individuals; 

8 ‘‘(4) for training programs to assist law en9 forcement officers, prosecutors, governmental agen10 cies, victim assistants, and relevant officers of Fed11 eral, State, tribal, territorial, and local courts in rec12 ognizing, addressing, investigating, and prosecuting 

13 instances of adult or minor domestic violence, dating 

14 violence, sexual assault, stalking, elder abuse, and 

15 violence against individuals with disabilities, includ16 ing domestic violence and sexual assault, against 

17 older or disabled individuals; and 

18 ‘‘(5) for multidisciplinary collaborative commu19 nity responses to victims. 

20 ‘‘(b) USE OF FUNDS.—Grant funds under this sec21 tion may be used— 

22 ‘‘(1) to implement or expand programs or serv23 ices to respond to the needs of persons 50 years of 

24 age or older who are victims of domestic violence, 
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1 dating violence, sexual assault, stalking, or elder 

2 abuse; 

3 ‘‘(2) to provide personnel, training, technical 

4 assistance, advocacy, intervention, risk reduction and 

5 prevention of domestic violence, dating violence, 

6 stalking, and sexual assault against disabled women 

7 and girls; 

8 ‘‘(3) to conduct outreach activities to ensure 

9 that disabled women and girls who are victims of do10 mestic violence, dating violence, stalking, or sexual 

11 assault receive appropriate assistance; 

12 ‘‘(4) to conduct cross-training for victim service 

13 organizations, governmental agencies, and nonprofit, 

14 nongovernmental organizations serving individuals 

15 with disabilities; about risk reduction, intervention, 

16 prevention and the nature of dynamic of domestic vi17 olence, dating violence, stalking, and sexual assault 

18 for disabled women and girls; 

19 ‘‘(5) to provide technical assistance to assist 

20 with modifications to existing policies, protocols, and 

21 procedures to ensure equal access to the services, 

22 programs, and activities of victim service organiza23 tions for disabled women and girls; 

24 ‘‘(6) to provide training and technical assist25 ance on the requirements of shelters and victim serv-
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1 ices organizations under Federal antidiscrimination 

2 laws, including— 

3 ‘‘(A) the Americans with Disabilities Act of 

4 1990; and 

5 ‘‘(B) section 504 of the Rehabilitation Act 

6 of 1973; 

7 ‘‘(7) to rehabilitate facilities, purchase equip8 ment, and provide personnel so that shelters and vic9 tim service organizations can accommodate the 

10 needs of disabled women and girls; 

11 ‘‘(8) to provide advocacy and intervention serv12 ices for disabled women and girls who are victims of 

13 domestic violence, dating violence, stalking, or sexual 

14 assault through collaborative partnerships between— 

15 ‘‘(A) nonprofit, nongovernmental agencies; 

16 ‘‘(B) governmental agencies serving indi17 viduals with disabilities; and 

18 ‘‘(C) victim service organizations; or 

19 ‘‘(9) to develop model programs providing advo20 cacy and intervention services within organizations 

21 serving disabled women and girls who are victims of 

22 domestic violence, dating violence, sexual assault, or 

23 stalking. 

24 ‘‘(c) ELIGIBLE ENTITIES.— 
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1 ‘‘(1) IN GENERAL.—An entity shall be eligible 

2 to receive a grant under this section if the entity 

3 is— 

4 ‘‘(A) a State; 

5 ‘‘(B) a unit of local government; 

6 ‘‘(C) a nonprofit, nongovernmental organi7 zation such as a victim services organization, an 

8 organization serving individuals with disabilities 

9 or a community-based organization; and 

10 ‘‘(D) a religious organization. 

11 ‘‘(2) LIMITATION.—A grant awarded for the 

12 purposes described in subsection (b) (9) shall only be 

13 awarded to an eligible agency (as defined in section 

14 410 of the Rehabilitation Act of 1973 (29 USC 

15 796f–5). 

16 ‘‘(d) APPLICATION.—An eligible entity desiring a 

17 grant under this section shall submit an application to the 

18 Secretary at such time, in such manner, and containing 

19 such information as the Secretary may require. 

20 ‘‘(e) REPORTING.—Not later than 1 year after the 

21 last day of the first fiscal year commencing on or after 

22 the date of enactment of this Act, and not later than 180 

23 days after the last day of each fiscal year thereafter, the 

24 Attorney General shall submit to Congress a report evalu-
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1 ating the effectiveness of programs administered and oper2 ated pursuant to this section. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $28,000,000 for each 

5 of the fiscal years 2006 through 2010 to carry out this 

6 section.’’. 

7 SEC. 205. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE 

8 HOTLINE. 

9 (a) STUDY REQUIRED.—Not later than 6 months 

10 after the date of enactment of this Act, the Comptroller 

11 General shall conduct a study of the National Domestic 

12 Violence Hotline to determine the effectiveness of the Hot13 line in assisting victims of domestic violence. 

14 (b) ISSUES TO BE STUDIED.—In conducting the 

15 study under subsection (a), the Comptroller General 

16 shall— 

17 (1) compile statistical and substantive informa18 tion about calls received by the Hotline since its in19 ception, or a representative sample of such calls, 

20 while maintaining the confidentiality of Hotline call21 ers; 

22 (2) interpret the data compiled under para23 graph (1)— 

24 (A) to determine the trends, gaps in serv25 ices, and geographical areas of need; and 
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1 (B) to assess the trends and gaps in serv2 ices to underserved communities and the mili3 tary community; and 

4 (3) gather other important information about 

5 domestic violence. 

6 (c) REPORT.—Not later than 3 years after the date 

7 of enactment of this Act, the Comptroller General shall 

8 submit to Congress a report on the results of the study. 

9 SEC. 206. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS. 

10 (a) GRANTS AUTHORIZED.— 

11 (1) IN GENERAL.—From amounts made avail12 able to carry out this section, the Attorney General, 

13 acting through the Director of the Office on Violence 

14 Against Women, shall award grants to eligible enti15 ties described in subsection (b) to carry out local, re16 gional, or national public information campaigns fo17 cused on addressing adult or minor domestic vio18 lence, dating violence, sexual assault, stalking, or 

19 trafficking within tribal, racial, and ethnic popu20 lations and immigrant communities, including infor21 mation on services available to victims and ways to 

22 prevent or reduce domestic violence, dating violence, 

23 sexual assault, and stalking. 
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1 (2) TERM.—The Attorney General shall award 

2 grants under this section for a period of 1 fiscal 

3 year. 

4 (b) ELIGIBLE ENTITIES.—Eligible entities under this 

5 section are— 

6 (1) nonprofit, nongovernmental organizations or 

7 coalitions that represent the targeted tribal, racial, 

8 and ethnic populations or immigrant community 

9 that— 

10 (A) have a documented history of creating 

11 and administering effective public awareness 

12 campaigns addressing violence against women; 

13 or 

14 (B) work in partnership with an organiza15 tion that has a documented history of creating 

16 and administering effective public awareness 

17 campaigns addressing violence against women; 

18 or 

19 (2) a governmental entity that demonstrates a 

20 partnership with organizations described in para21 graph (1). 

22 (c) ALLOCATION OF FUNDS.—Of the amounts appro23 priated for grants under this section— 

24 (1) not more than 20 percent shall be used for 

25 national model campaign materials targeted to spe-
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1 cific tribal, racial, or ethnic populations or immi2 grant community, including American Indian tribes 

3 and Alaskan native villages for the purposes of re4 search, testing, message development, and prepara5 tion of materials; and 

6 (2) the balance shall be used for not less than 

7 10 State, regional, territorial, tribal, or local cam8 paigns targeting specific communities with informa9 tion and materials developed through the national 

10 campaign or, if appropriate, new materials to reach 

11 a particularly underserved or isolated community. 

12 (d) USE OF FUNDS.—Funds appropriated under this 

13 section shall be used to conduct a public information cam14 paign and build the capacity and develop leadership of ra15 cial, ethnic populations, or immigrant community mem16 bers to address domestic violence, dating violence, sexual 

17 assault, and stalking. 

18 (e) APPLICATION.—An eligible entity desiring a grant 

19 under this section shall submit an application to the Direc20 tor of the Office on Violence Against Women at such time, 

21 in such form, and in such manner as the Director may 

22 prescribe. 

23 (f) CRITERIA.—In awarding grants under this sec24 tion, the Attorney General shall ensure— 
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1 (1) reasonable distribution among eligible 

2 grantees representing various racial, ethnic, and im3 migrant communities; 

4 (2) reasonable distribution among State, re5 gional, territorial, tribal, and local campaigns; 

6 (3) that not more than 8 percent of the total 

7 amount appropriated under this section for each fis8 cal year is set aside for technical assistance. 

9 (g) REPORTS.—Each eligible entity receiving a grant 

10 under this section shall submit to the Director of the Of11 fice of Violence Against Women, every 18 months, a report 

12 that describes the activities carried out with grant funds. 

13 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $2,000,000 per year for 2006 through 2010. 

16 TITLE III—SERVICES, PROTEC17 TION, AND JUSTICE FOR 

18 YOUNG VICTIMS OF VIO19 LENCE 

20 SEC. 301. RAPE PREVENTION AND EDUCATION. 

21 Section 393B(c) of part J of title III of the Public 

22 Health Service Act (42 U.S.C. 280b–1(c)) is amended to 

23 read as follows: 

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 
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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section $80,000,000 

3 for each of fiscal years 2006 through 2010. 

4 ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE

5 CENTER ALLOTMENT.—Of the total amount made 

6 available under this subsection in each fiscal year, 

7 not less than $1,500,000 shall be available for allot8 ment under subsection (b).’’. 

9 SEC. 302. SERVICES, EDUCATION, PROTECTION AND JUS10 TICE FOR YOUNG VICTIMS OF VIOLENCE. 

11 The Violence Against Women Act of 1994 (Public 

12 Law 103–322, Stat. 1902 et seq.) is amended by adding 

13 at the end the following: 

14 ‘‘Subtitle M—Services, Education, 

15 Protection and Justice for 

16 Young Victims of Violence 

17 ‘‘SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND 

18 TO TEENS. 

19 ‘‘(a) GRANTS AUTHORIZED.—The Secretary of the 

20 Department of Health and Human Services (in this sec21 tion referred to as the ‘Secretary’), acting through the 

22 Family and Youth Services Bureau, in consultation with 

23 the Department of Justice, shall award grants to eligible 

24 entities to conduct programs to serve teen and young adult 

25 victims between the ages of 12 and 24 of domestic vio-
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1 lence, dating violence, sexual assault, and stalking. 

2 Amounts appropriated under this section may only be used 

3 for programs and activities described under subsection (c). 

4 ‘‘(b) ELIGIBLE GRANTEES.—To be eligible to receive 

5 a grant under this section, an entity shall be— 

6 ‘‘(1) a nonprofit, nongovernmental entity, the 

7 primary purpose of which is to provide services to 

8 victims of domestic violence, dating violence, sexual 

9 assault, or stalking; 

10 ‘‘(2) a religious or community-based organiza11 tion that specializes in working with youth victims of 

12 domestic violence, dating violence, sexual assault, or 

13 stalking; 

14 ‘‘(3) an Indian Tribe or tribal organization pro15 viding services primarily to tribal youth or tribal vic16 tims of domestic violence, dating violence, sexual as17 sault or stalking; or 

18 ‘‘(4) a nonprofit, nongovernmental entity pro19 viding services for runaway or homeless youth. 

20 ‘‘(c) USE OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—An entity that receives a 

22 grant under this section shall use amounts provided 

23 under the grant to design or replicate, and imple24 ment, programs and services, using domestic vio25 lence, dating violence, sexual assault, and stalking 
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1 intervention models to respond to the needs of youth 

2 who are victims of domestic violence, dating violence, 

3 sexual assault or stalking. 

4 ‘‘(2) TYPES OF PROGRAMS.—Such a program— 

5 ‘‘(A) shall provide direct counseling and 

6 advocacy for teens and young adults, who have 

7 experienced domestic violence, dating violence, 

8 sexual assault or stalking; 

9 ‘‘(B) shall include linguistically, culturally, 

10 and community relevant services for racial and 

11 ethnic and other underserved populations or 

12 linkages to existing services in the community 

13 tailored to the needs of racial and ethnic and 

14 other underserved populations; 

15 ‘‘(C) may include mental health services; 

16 ‘‘(D) may include legal advocacy efforts on 

17 behalf of minors and young adults with respect 

18 to domestic violence, dating violence, sexual as19 sault or stalking; 

20 ‘‘(E) may work with public officials and 

21 agencies to develop and implement policies, 

22 rules, and procedures in order to reduce or 

23 eliminate domestic violence, dating violence, 

24 sexual assault, and stalking against youth and 

25 young adults; and 
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1 ‘‘(F) may use not more than 25 percent of 

2 the grant funds to provide additional services 

3 and resources for youth, including childcare, 

4 transportation, educational support, and respite 

5 care. 

6 ‘‘(d) AWARDS BASIS.— 

7 ‘‘(1) GRANTS TO INDIAN TRIBES.—Not less 

8 than 10 percent of funds appropriated under this 

9 section in any year shall be available for grants to 

10 Indian Tribes or tribal organizations. 

11 ‘‘(2) ADMINISTRATION.—The Secretary shall 

12 not use more than 2.5 percent of funds appropriated 

13 under this section in any year for administration, 

14 monitoring, and evaluation of grants made available 

15 under this section. 

16 ‘‘(3) TECHNICAL ASSISTANCE.—Not less than 5 

17 percent of funds appropriated under this section in 

18 any year shall be available to provide technical as19 sistance for programs funded under this section. 

20 ‘‘(e) TERM.—The Secretary shall make the grants 

21 under this section for a period of 3 fiscal years. 

22 ‘‘(f) REPORTS.—An entity receiving a grant under 

23 this section shall submit to the Secretary every 18 months 

24 a report of how grant funds have been used. 
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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section, 

3 $15,000,000 for each of fiscal years 2006 through 2010. 

4 ‘‘SEC. 41202. GRANTS FOR TRAINING AND COLLABORATION 

5 ON THE INTERSECTION BETWEEN DOMESTIC 

6 VIOLENCE AND CHILD MALTREATMENT. 

7 ‘‘(a) PURPOSE.—The purpose of this section is to 

8 support efforts by child welfare agencies, domestic violence 

9 or dating violence victim services providers, courts, law en10 forcement, and other related professionals and community 

11 organizations to develop collaborative responses and serv12 ices and provide cross-training to enhance community re13 sponses to families where there is both child maltreatment 

14 and domestic violence. 

15 ‘‘(b) GRANTS AUTHORIZED.—The Attorney General, 

16 through the Violence Against Women Office, shall award 

17 grants on a competitive basis to eligible entities for the 

18 purposes and in the manner described in this section. 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 $10,000,000 for each of fiscal years 2006 through 2010. 

22 Funds appropriated under this section shall remain avail23 able until expended. Of the amounts appropriated to carry 

24 out this section for each fiscal year, the Attorney General 

25 shall— 
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1 ‘‘(1) use not more than 3 percent for evalua2 tion, monitoring, site visits, grantee conferences, and 

3 other administrative costs associated with con4 ducting activities under this section; 

5 ‘‘(2) set aside not more than 10 percent for 

6 grants to programs addressing child maltreatment 

7 and domestic violence or dating violence that are op8 erated by, or in partnership with, a tribal organiza9 tion; and 

10 ‘‘(3) set aside up to 8 percent for technical as11 sistance and training to be provided by organizations 

12 having demonstrated expertise in developing collabo13 rative community and system responses to families 

14 in which there is both child maltreatment and do15 mestic violence or dating violence, whether or not 

16 they are receiving funds under this section. 

17 ‘‘(d) UNDERSERVED POPULATIONS.—In awarding 

18 grants under this section, the Attorney General shall con19 sider the needs of racial and ethnic and other underserved 

20 populations (as described in section 40002). 

21 ‘‘(e) GRANT AWARDS.—The Attorney General shall 

22 award grants under this section for periods of not more 

23 than 3 fiscal years. 

24 ‘‘(f) USES OF FUNDS.—Entities receiving grants 

25 under this section shall use amounts provided to develop 
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1 collaborative responses and services and provide cross2 training to enhance community responses to families 

3 where there is both child maltreatment and domestic vio4 lence or dating violence. Amounts distributed under this 

5 section may only be used for programs and activities de6 scribed in subsection (g). 

7 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs 

8 and activities developed under this section shall— 

9 ‘‘(1) encourage cross training, education, serv10 ice development, and collaboration among child wel11 fare agencies, domestic violence victim service pro12 viders, and courts, law enforcement agencies, com13 munity-based programs, and other entities, in order 

14 to ensure that such entities have the capacity to and 

15 will identify, assess, and respond appropriately to— 

16 ‘‘(A) domestic violence or dating violence 

17 in homes where children are present and may 

18 be exposed to the violence; 

19 ‘‘(B) domestic violence or dating violence 

20 in child protection cases; and 

21 ‘‘(C) the needs of both the child and non22 abusing parent; 

23 ‘‘(2) establish and implement policies, proce24 dures, programs, and practices for child welfare 

25 agencies, domestic violence victim service providers, 
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1 courts, law enforcement agencies, and other entities, 

2 that are consistent with the principles of protecting 

3 and increasing the immediate and long-term safety 

4 and well being of children and non-abusing parents 

5 and caretakers by— 

6 ‘‘(A) increasing the safety, autonomy, ca7 pacity, and financial security of non-abusing 

8 parents or caretakers, including developing 

9 service plans and utilizing community-based 

10 services that provide resources and support to 

11 non-abusing parents; 

12 ‘‘(B) protecting the safety, security, and 

13 well-being of children by preventing their un14 necessary removal from a non-abusing parent, 

15 or, in cases where removal of the child is nec16 essary to protect the child’s safety, taking the 

17 necessary steps to provide appropriate and com18 munity-based services to the child and the non19 abusing parent to promote the safe and appro20 priately prompt reunification of the child with 

21 the non-abusing parent; 

22 ‘‘(C) recognizing the relationship between 

23 child maltreatment and domestic violence or 

24 dating violence in a family, as well as the im-
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1 pact of and danger posed by the perpetrators’ 

2 behavior on both child and adult victims; and 

3 ‘‘(D) holding adult and minor perpetrators 

4 of domestic violence or dating violence, not child 

5 and adult victims of abuse or neglect, account6 able for stopping the perpetrators’ abusive be7 haviors, including the development of separate 

8 service plans, court filings, or community-based 

9 interventions where appropriate; 

10 ‘‘(3) increase cooperation and enhance linkages 

11 between child welfare agencies, domestic violence vic12 tim service providers, courts (including family, crimi13 nal, juvenile courts, or tribal courts), law enforce14 ment agencies, and other entities to provide more 

15 comprehensive community-based services (including 

16 health, mental health, social service, housing, and 

17 neighborhood resources) to protect and to serve both 

18 child and adult victims; 

19 ‘‘(4) identify, assess, and respond appropriately 

20 to domestic violence or dating violence in child pro21 tection cases and to child maltreatment when it co22 occurs with domestic violence or dating violence; 

23 ‘‘(5) analyze and change policies, procedures, 

24 and protocols that contribute to overrepresentation 
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1 of racial and ethnic minorities in the court and child 

2 welfare system; and 

3 ‘‘(6) provide appropriate referrals to commu4 nity-based programs and resources, such as health 

5 and mental health services, shelter and housing as6 sistance for adult and minor victims and their chil7 dren, legal assistance and advocacy for adult and 

8 minor victims, assistance for parents to help their 

9 children cope with the impact of exposure to domes10 tic violence or dating violence and child maltreat11 ment, appropriate intervention and treatment for 

12 adult perpetrators of domestic violence or dating vio13 lence whose children are the subjects of child protec14 tion cases, programs providing support and assist15 ance to racial and ethnic populations, and other nec16 essary supportive services. 

17 ‘‘(h) GRANTEE REQUIREMENTS.— 

18 ‘‘(1) APPLICATIONS.—Under this section, an 

19 entity shall prepare and submit to the Attorney Gen20 eral an application at such time, in such manner, 

21 and containing such information as the Attorney 

22 General may require, consistent with the require23 ments described herein. The application shall— 

24 ‘‘(A) ensure that communities impacted by 

25 these systems or organizations are adequately 
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1 represented in the development of the applica2 tion, the programs and activities to be under3 taken, and that they have a significant role in 

4 evaluating the success of the project; 

5 ‘‘(B) describe how the training and col6 laboration activities will enhance or ensure the 

7 safety and economic security of families where 

8 both child maltreatment and domestic violence 

9 or dating violence occurs by providing appro10 priate resources, protection, and support to the 

11 victimized parents of such children and to the 

12 children themselves; and 

13 ‘‘(C) outline methods and means partici14 pating entities will use to ensure that all serv15 ices are provided in a developmentally, linguis16 tically and culturally competent manner and 

17 will utilize community-based supports and re18 sources. 

19 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a 

20 grant under this section, an entity shall be a collabo21 ration that— 

22 ‘‘(A) shall include a State or local child 

23 welfare agency or Indian Tribe; 

24 ‘‘(B) shall include a domestic violence or 

25 dating violence victim service provider; 
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1 ‘‘(C) may include a court; 

2 ‘‘(D) may include a law enforcement agen3 cy, or Bureau of Indian Affairs providing tribal 

4 law enforcement; and 

5 ‘‘(E) may include any other such agencies 

6 or private nonprofit organizations, including 

7 community-based organizations, with the capac8 ity to provide effective help to the child and 

9 adult victims served by the collaboration. 

10 ‘‘(3) REPORTS.—Each entity receiving a grant 

11 under this section shall report to the Attorney Gen12 eral every 18 months, detailing how the funds have 

13 been used.’’. 

14 SEC. 303. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN 

15 ON CAMPUS. 

16 Section 826 of the Higher Education Amendments of 

17 1998 (20 U.S.C. 1152) is amended— 

18 (1) in subsection (a)(2)— 

19 (A) by striking the period at the end of the 

20 sentence and inserting ‘‘for periods of 3 

21 years.’’; and 

22 (B) by adding at the end the following: 

23 ‘‘The Attorney General, through the Director of 

24 the Office on Violence Against Women, shall 

25 award the grants in amounts of not more than 
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1 $500,000 for individual institutions of higher 

2 education and not more than $1,000,000 for 

3 consortia of such institutions.’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (2)— 

6 (i) by inserting ‘‘develop and imple7 ment campus policies, protocols, and serv8 ices that’’ after ‘‘boards to’’; and 

9 (ii) by adding at the end the fol10 lowing: ‘‘Within 90 days after the date of 

11 enactment of the Violence Against Women 

12 Act of 2005, the Attorney General shall 

13 issue and make available minimum stand14 ards of training relating to violent crimes 

15 against women on campus, for all campus 

16 security personnel and personnel serving 

17 on campus disciplinary or judicial 

18 boards.’’; 

19 (B) in paragraph (4), by striking all that 

20 follows ‘‘strengthen’’ and inserting: ‘‘victim 

21 services programs on the campuses of the insti22 tutions involved, including programs providing 

23 legal, medical, or psychological counseling, for 

24 victims of domestic violence, dating violence, or 

25 sexual assault, and to improve delivery of victim 
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1 assistance on campus. To the extent prac2 ticable, such an institution shall collaborate 

3 with any entities carrying out nonprofit and 

4 other victim services programs, including sexual 

5 assault, domestic violence, and dating violence 

6 victim services programs in the community in 

7 which the institution is located. If appropriate 

8 victim services programs are not available in 

9 the community or are not accessible to stu10 dents, the institution shall, to the extent prac11 ticable, provide a victim services program on 

12 campus or create a victim services program in 

13 collaboration with a community-based organiza14 tion. The institution shall use not less than 20 

15 percent of the funds made available through the 

16 grant for a victim services program provided in 

17 accordance with this paragraph.’’; 

18 (C) by striking paragraphs (6) and (8); 

19 and 

20 (D) by redesignating paragraphs (7), (9), 

21 and (10) as paragraphs (6), (7), and (8), re22 spectively; 

23 (3) in subsection (c)— 

24 (A) by striking paragraph (2)(B) and in25 serting the following: 
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1 ‘‘(B) include proof that the institution of 

2 higher education collaborated with any non3 profit, nongovernmental entities carrying out 

4 other victim services programs, including sexual 

5 assault, domestic violence, and dating violence 

6 victim services programs in the community in 

7 which the institution is located;’’; and 

8 (B) in paragraph (3), by adding at the end 

9 the following: ‘‘Up to $200,000 of the total 

10 amount of grant funds appropriated under this 

11 section during the years 2006 through 2010 

12 may be used to provide technical assistance in 

13 complying with the mandatory reporting re14 quirements of such section 485(f).’’; 

15 (4) in subsection (d)— 

16 (A) by striking paragraph (4); 

17 (B) by redesignating paragraphs (2) and 

18 (3) as paragraphs (3) and (4), respectively; and 

19 (C) by inserting after paragraph (1) the 

20 following: 

21 ‘‘(2) CONFIDENTIALITY.— 

22 ‘‘(A) NONDISCLOSURE OF CONFIDENTIAL

23 OR PRIVATE INFORMATION.—In order to ensure 

24 the safety of adult and minor victims of domes25 tic violence, dating violence, sexual assault, or 
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1 stalking and their families, grantees and sub2 grantees under this section shall reasonably— 

3 ‘‘(i) protect the confidentiality and 

4 privacy of persons receiving services under 

5 the grants and subgrants; and 

6 ‘‘(ii) not disclose any personally iden7 tifying information, or individual client in8 formation, collected in connection with 

9 services requested, utilized, or denied 

10 through programs provided by such grant11 ees and subgrantees under this section. 

12 ‘‘(B) CONSENT.—A grantee or subgrantee 

13 under this section shall not reveal personally 

14 identifying information or individual client in15 formation collected as described in subpara16 graph (A) without the informed, written, and 

17 reasonably time-limited consent of the person 

18 (or, in the case of an unemancipated minor, the 

19 minor and the parent or guardian of the minor) 

20 about whom information is sought, whether for 

21 the program carried out under this section or 

22 any other Federal, State, tribal, or territorial 

23 assistance program. 

24 ‘‘(C) COMPELLED RELEASE AND NO25 TICE.—If a grantee or subgrantee under this 
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1 section is compelled by statutory or court man2 date to disclose information described in sub3 paragraph (A), the grantee or subgrantee— 

4 ‘‘(i) shall make reasonable attempts to 

5 provide notice to individuals affected by 

6 the disclosure of information; and 

7 ‘‘(ii) shall take steps necessary to pro8 tect the privacy and safety of the indi9 vidual affected by the disclosure. 

10 ‘‘(D) PERMISSIVE SHARING.—Grantees 

11 and subgrantees under this section may share 

12 with each other, in order to comply with Fed13 eral, State, tribal, or territorial reporting, eval14 uation, or data collection requirements— 

15 ‘‘(i) aggregate data, that is not per16 sonally identifying information, regarding 

17 services provided to their clients; and 

18 ‘‘(ii) demographic information that is 

19 not personally identifying information. 

20 ‘‘(E) COURT-GENERATED AND LAW EN21 FORCEMENT-GENERATED INFORMATION.— 

22 Grantees and subgrantees under this section 

23 may share with each other— 

24 ‘‘(i) court-generated information con25 tained in secure, governmental registries 
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1 for protection order enforcement purposes; 

2 and 

3 ‘‘(ii) law enforcement-generated infor4 mation. 

5 ‘‘(F) DEFINITION.—As used in this para6 graph, the term ‘personally identifying informa7 tion’ means individually identifying information 

8 from or about an individual, including— 

9 ‘‘(i) first and last name; 

10 ‘‘(ii) home or other physical address, 

11 including street name and name of city or 

12 town; 

13 ‘‘(iii) email address or other online 

14 contact information, such as an instant15 messaging user identifier or a screen name 

16 that reveals an individual’s email address; 

17 ‘‘(iv) telephone number; 

18 ‘‘(v) social security number; 

19 ‘‘(vi) Internet Protocol (‘IP’) address 

20 or host name that identifies an individual; 

21 ‘‘(vii) persistent identifier, such as a 

22 customer number held in a ‘cookie’ or 

23 processor serial number, that is combined 

24 with other available data that identifies an 

25 individual; or 
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1 ‘‘(viii) information that, in combina2 tion with the information in any of clauses 

3 (i) through (vii), would serve to identify 

4 any individual, including— 

5 ‘‘(I) grade point average; 

6 ‘‘(II) date of birth; 

7 ‘‘(III) academic or occupational 

8 interests; 

9 ‘‘(IV) athletic or extracurricular 

10 interests; 

11 ‘‘(V) racial or ethnic background; 

12 or 

13 ‘‘(VI) religious affiliation.’’; and 

14 (5) in subsection (g), by— 

15 (A) striking ‘‘$10,000,000’’ and inserting 

16 ‘‘$15,000,000’’; 

17 (B) striking ‘‘2001’’ and inserting ‘‘2006’’; 

18 and 

19 (C) striking ‘‘2005’’ and inserting ‘‘2010’’. 

20 SEC. 304. SAFE HAVENS. 

21 Section 1301 of the Victims of Trafficking and Vio22 lence Protection Act of 2000 (42 U.S.C. 10420) is amend23 ed— 

24 (1) by striking the section heading and insert25 ing the following: 
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1 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; 

2 (2) in subsection (a)— 

3 (A) by inserting ‘‘, through the Director of 

4 the Office on Violence Against Women,’’ after 

5 ‘‘Attorney General’’; 

6 (B) by inserting ‘‘public or nonprofit non7 governmental entities, and to’’ after ‘‘may 

8 award grants to’’; 

9 (C) by inserting ‘‘dating violence,’’ after 

10 ‘‘domestic violence,’’; 

11 (D) by striking ‘‘to provide’’ and inserting 

12 the following: 

13 ‘‘(1) to provide’’; 

14 (E) by striking the period at the end and 

15 inserting a semicolon; and 

16 (F) by adding at the end the following: 

17 ‘‘(2) to protect children from the trauma of wit18 nessing domestic or dating violence or experiencing 

19 abduction, injury, or death during parent and child 

20 visitation exchanges; 

21 ‘‘(3) to protect parents or caretakers who are 

22 victims of domestic and dating violence from experi23 encing further violence, abuse, and threats during 

24 child visitation exchanges; and 

25 ‘‘(4) to protect children from the trauma of ex26 periencing sexual assault or other forms of physical 
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1 assault or abuse during parent and child visitation 

2 and visitation exchanges.’’; and 

3 (3) by striking subsection (e) and inserting the 

4 following: 

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

6 ‘‘(1) IN GENERAL.—There is authorized to be 

7 appropriated to carry out this section, $20,000,000 

8 for each of fiscal years 2006 through 2010. Funds 

9 appropriated under this section shall remain avail10 able until expended. 

11 ‘‘(2) USE OF FUNDS.—Of the amounts appro12 priated to carry out this section for each fiscal year, 

13 the Attorney General shall— 

14 ‘‘(A) set aside not less than 5 percent for 

15 grants to Indian tribal governments or tribal 

16 organizations; 

17 ‘‘(B) use not more than 3 percent for eval18 uation, monitoring, site visits, grantee con19 ferences, and other administrative costs associ20 ated with conducting activities under this sec21 tion; and 

22 ‘‘(C) set aside not more than 8 percent for 

23 technical assistance and training to be provided 

24 by organizations having nationally recognized 

25 expertise in the design of safe and secure super-
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1 vised visitation programs and visitation ex2 change of children in situations involving do3 mestic violence, dating violence, sexual assault, 

4 or stalking.’’. 

5 SEC. 305. GRANTS TO COMBAT DOMESTIC VIOLENCE, DAT6 ING VIOLENCE, SEXUAL ASSAULT, AND 

7 STALKING IN MIDDLE AND HIGH SCHOOLS. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘Supporting Teens through Education and Protection Act 

10 of 2005’’ or the ‘‘STEP Act’’. 

11 (b) GRANTS AUTHORIZED.—The Attorney General, 

12 through the Director of the Office on Violence Against 

13 Women, is authorized to award grants to middle schools 

14 and high schools that work with domestic violence and sex15 ual assault experts to enable the schools— 

16 (1) to provide training to school administrators, 

17 faculty, counselors, coaches, healthcare providers, se18 curity personnel, and other staff on the needs and 

19 concerns of students who experience domestic vio20 lence, dating violence, sexual assault, or stalking, 

21 and the impact of such violence on students; 

22 (2) to develop and implement policies in middle 

23 and high schools regarding appropriate, safe re24 sponses to, and identification and referral proce25 dures for, students who are experiencing or perpe-
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1 trating domestic violence, dating violence, sexual as2 sault, or stalking, including procedures for handling 

3 the requirements of court protective orders issued to 

4 or against students or school personnel, in a manner 

5 that ensures the safety of the victim and holds the 

6 perpetrator accountable; 

7 (3) to provide support services for students and 

8 school personnel, such as a resource person who is 

9 either on-site or on-call, and who is an expert de10 scribed in subsections (i)(2) and (i)(3), for the pur11 pose of developing and strengthening effective pre12 vention and intervention strategies for students and 

13 school personnel experiencing domestic violence, dat14 ing violence, sexual assault or stalking; 

15 (4) to provide developmentally appropriate edu16 cational programming to students regarding domes17 tic violence, dating violence, sexual assault, and 

18 stalking, and the impact of experiencing domestic vi19 olence, dating violence, sexual assault, and stalking 

20 on children and youth by adapting existing curricula 

21 activities to the relevant student population; 

22 (5) to work with existing mentoring programs 

23 and develop strong mentoring programs for stu24 dents, including student athletes, to help them un25 derstand and recognize violence and violent behavior, 
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1 how to prevent it and how to appropriately address 

2 their feelings; and 

3 (6) to conduct evaluations to assess the impact 

4 of programs and policies assisted under this section 

5 in order to enhance the development of the pro6 grams. 

7 (c) AWARD BASIS.—The Director shall award grants 

8 and contracts under this section on a competitive basis. 

9 (d) POLICY DISSEMINATION.—The Director shall dis10 seminate to middle and high schools any existing Depart11 ment of Justice, Department of Health and Human Serv12 ices, and Department of Education policy guidance and 

13 curricula regarding the prevention of domestic violence, 

14 dating violence, sexual assault, and stalking, and the im15 pact of the violence on children and youth. 

16 (e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

17 INFORMATION.—In order to ensure the safety of adult and 

18 minor victims of domestic violence, dating violence, sexual 

19 assault, or stalking and their families, grantees and sub20 grantees shall protect the confidentiality and privacy of 

21 persons receiving services. Grantees and subgrantees pur22 suant to this section shall not disclose any personally iden23 tifying information or individual information collected in 

24 connection with services requested, utilized, or denied 

25 through grantees’ and subgrantees’ programs. Grantees 
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1 and subgrantees shall not reveal individual client informa2 tion without the informed, written, reasonably time-limited 

3 consent of the person (or in the case of unemancipated 

4 minor, the minor and the parent or guardian) about whom 

5 information is sought, whether for this program or any 

6 other Tribal, Federal, State or Territorial grant program. 

7 If release of such information is compelled by statutory 

8 or court mandate, grantees and subgrantees shall make 

9 reasonable attempts to provide notice to victims affected 

10 by the disclosure of information. If such personally identi11 fying information is or will be revealed, grantees and sub12 grantees shall take steps necessary to protect the privacy 

13 and safety of the persons affected by the release of the 

14 information. Grantees may share non-personally identi15 fying data in the aggregate regarding services to their cli16 ents and non-personally identifying demographic informa17 tion in order to comply with Tribal, Federal, State or Ter18 ritorial reporting, evaluation, or data collection require19 ments. Grantees and subgrantees may share court-gen20 erated information contained in secure, governmental reg21 istries for protection order enforcement purposes. 

22 (f) GRANT TERM AND ALLOCATION.— 

23 (1) TERM.—The Director shall make the grants 

24 under this section for a period of 3 fiscal years. 
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1 (2) ALLOCATION.—Not more than 15 percent 

2 of the funds available to a grantee in a given year 

3 shall be used for the purposes described in sub4 section (b)(4)(D), (b),(5), and (b)(6). 

5 (g) DISTRIBUTION.— 

6 (1) IN GENERAL.—Not less than 5 percent of 

7 funds appropriated under section (l) in any year 

8 shall be available for grants to tribal schools, schools 

9 on tribal lands or schools whose student population 

10 is more than 25 percent native American. 

11 (2) ADMINISTRATION.—The Director shall not 

12 use more than 5 percent of funds appropriated 

13 under section (l) in any year for administration, 

14 monitoring and evaluation of grants made available 

15 under this section. 

16 (3) TECHNICAL ASSISTANCE.—Not less than 5 

17 percent of funds appropriated under section (l) in 

18 any year shall be available to provide technical as19 sistance for programs funded under this section. 

20 (h) APPLICATION.—To be eligible to be awarded a 

21 grant or contract under this section for any fiscal year, 

22 a middle or secondary school, in consultation with an ex23 pert as described in sections (i)(2) and (i)(3), shall submit 

24 an application to the Director at such time and in such 

25 manner as the Director shall prescribe. 
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1 (i) ELIGIBLE ENTITIES.—To be eligible to receive a 

2 grant under this section, an entity shall be a partnership 

3 that— 

4 (1) shall include a public, charter, tribal, or na5 tionally accredited private middle or high school, a 

6 school administered by the Department of Defense 

7 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of 

8 schools, or a school district; 

9 (2) shall include a domestic violence victim 

10 service provider that has a history of working on do11 mestic violence and the impact that domestic vio12 lence and dating violence have on children and 

13 youth; 

14 (3) shall include a sexual assault victim service 

15 provider, such as a rape crisis center, program serv16 ing tribal victims of sexual assault, or coalition or 

17 other nonprofit nongovernmental organization car18 rying out a community-based sexual assault pro19 gram, that has a history of effective work concerning 

20 sexual assault and the impact that sexual assault 

21 has on children and youth; and 

22 (4) may include a law enforcement agency, the 

23 State, Tribal, Territorial or local court, nonprofit 

24 nongovernmental organizations and service providers 

25 addressing sexual harassment, bullying or gang-re-
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1 lated violence in schools, and any other such agen2 cies or nonprofit nongovernmental organizations 

3 with the capacity to provide effective assistance to 

4 the child, youth, and adult victims served by the 

5 partnership. 

6 (j) PRIORITY.—In awarding grants under this sec7 tion, the Director shall give priority to entities that have 

8 submitted applications in partnership with relevant courts 

9 or law enforcement agencies. 

10 (k) REPORTING AND DISSEMINATION OF INFORMA11 TION.— 

12 (1) REPORTING.—Each of the entities that are 

13 members of the applicant partnership described in 

14 subsection (i), that receive a grant under this section 

15 shall jointly prepare and submit to the Director 

16 every 18 months a report detailing the activities that 

17 the entities have undertaken under the grant and 

18 such additional information as the Director shall re19 quire. 

20 (2) DISSEMINATION OF INFORMATION.—Within 

21 9 months of the completion of the first full grant 

22 cycle, the Director shall publicly disseminate, includ23 ing through electronic means, model policies and 

24 procedures developed and implemented in middle 

25 and high schools by the grantees, including informa-
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1 tion on the impact the policies have had on their re2 spective schools and communities. 

3 (l) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this section, $5,000,000 

6 for each of fiscal years 2006 through 2010. 

7 (2) AVAILABILITY.—Funds appropriated under 

8 paragraph (1) shall remain available until expended. 

9 TITLE IV—STRENGTHENING 

10 AMERICA’S FAMILIES BY PRE11 VENTING VIOLENCE IN THE 

12 HOME 

13 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN, MEN, 

14 AND CHILDREN. 

15 The Violence Against Women Act of 1994 (108 Stat. 

16 1902 et seq.), as amended by section ll of this Act, 

17 is amended by adding at the end the following: 

18 ‘‘Subtitle N—Strengthening Amer19 ica’s Families by Preventing Vi20 olence Against Women and Chil21 dren 

22 ‘‘SEC. 41401. PURPOSE. 

23 ‘‘The purpose of this subtitle is to— 

24 ‘‘(1) prevent crimes involving violence against 

25 women, men, children, and youth; 
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1 ‘‘(2) increase the resources and services avail2 able to prevent violence against women, men, chil3 dren, and youth; 

4 ‘‘(3) reduce the impact of exposure to violence 

5 in the lives of children and youth so that the 

6 intergenerational cycle of violence is interrupted; 

7 ‘‘(4) develop and implement education and serv8 ices programs to prevent children in vulnerable fami9 lies from becoming victims or perpetrators of domes10 tic violence, dating violence, sexual assault, or stalk11 ing; 

12 ‘‘(5) promote programs to ensure that children 

13 and youth receive the assistance they need to end 

14 the cycle of violence against women and children and 

15 develop mutually respectful, nonviolent relationships; 

16 and 

17 ‘‘(6) encourage collaboration among community18 based organizations and governmental agencies serv19 ing children and youth, providers of health and men20 tal health services and providers of domestic vio21 lence, dating violence, sexual assault, and stalking 

22 victim services to prevent violence against women 

23 and children. 
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1 ‘‘SEC. 41402. GRANTS TO ASSIST CHILDREN AND YOUTH EX2 POSED TO VIOLENCE. 

3 ‘‘(a) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Office on Violence 

6 Against Women, and in collaboration with the Ad7 ministration for Children, Youth, and Families of 

8 the Department of Health and Human Services, is 

9 authorized to award grants on a competitive basis to 

10 eligible entities for the purpose of mitigating the ef11 fects of domestic violence, dating violence, sexual as12 sault, and stalking on children exposed to such vio13 lence, and reducing the risk of future victimization 

14 or perpetration of domestic violence, dating violence, 

15 sexual assault, and stalking. 

16 ‘‘(2) TERM.—The Director shall make grants 

17 under this section for a period of 3 fiscal years. 

18 ‘‘(3) AWARD BASIS.—The Director shall award 

19 grants— 

20 ‘‘(A) considering the needs of racial and 

21 ethnic and other underserved populations, as 

22 defined in section 2003 of the Omnibus Crime 

23 Control and Safe Streets Act of 1968 (42 

24 U.S.C. 3796gg–2); 

25 ‘‘(B) awarding not less than 10 percent of 

26 such amounts for the funding of tribal projects 
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1 from the amounts made available under this 

2 section for a fiscal year; 

3 ‘‘(C) awarding up to 8 percent for the 

4 funding of technical assistance programs from 

5 the amounts made available under this section 

6 for a fiscal year; and 

7 ‘‘(D) awarding not less than 66 percent to 

8 programs described in subsection (c)(1) from 

9 the amounts made available under this section 

10 for a fiscal year. 

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out this section 

13 $20,000,000 for each of fiscal years 2006 through 2010. 

14 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

15 this section shall be used for— 

16 ‘‘(1) programs that provide services for children 

17 exposed to domestic violence, dating violence, sexual 

18 assault, or stalking, which may include direct coun19 seling, advocacy, or mentoring, and must include 

20 support for the nonabusing parent or the child’s 

21 caretaker; 

22 ‘‘(2) training and coordination for programs 

23 that serve children and youth (such as Head Start, 

24 child care, and after-school programs) on how to 

25 safely and confidentially identify children and fami-
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1 lies experiencing domestic violence and properly refer 

2 them to programs that can provide direct services to 

3 the family and children, and coordination with other 

4 domestic violence or other programs serving children 

5 exposed to domestic violence, dating violence, sexual 

6 assault, or stalking that can provide the training 

7 and direct services referenced in this subsection; or 

8 ‘‘(3) advocacy within the systems that serve 

9 children to improve the system’s understanding of 

10 and response to children who have been exposed to 

11 domestic violence and the needs of the nonabusing 

12 parent. 

13 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

14 a grant under this section, an entity shall be a— 

15 ‘‘(1) a victim service provider, tribal nonprofit 

16 organization or community-based organization that 

17 has a documented history of effective work con18 cerning children or youth exposed to domestic vio19 lence, dating violence, sexual assault, or stalking, in20 cluding programs that provide culturally specific 

21 services, Head Start, child care, after school pro22 grams, and health and mental health providers; or 

23 ‘‘(2) a State, territorial, or tribal, or local unit 

24 of government agency that is partnered with an or25 ganization described in paragraph (1). 
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1 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

2 an entity shall— 

3 ‘‘(1) prepare and submit to the Director an ap4 plication at such time, in such manner, and con5 taining such information as the Director may re6 quire; and 

7 ‘‘(2) at a minimum, describe in the application 

8 the policies and procedures that the entity has or 

9 will adopt to— 

10 ‘‘(A) enhance or ensure the safety and se11 curity of children who have been exposed to vio12 lence and their nonabusing parent, enhance or 

13 ensure the safety and security of children and 

14 their nonabusing parent in homes already expe15 riencing domestic violence, dating violence, sex16 ual assault, or stalking; and 

17 ‘‘(B) ensure linguistically, culturally, and 

18 community relevant services for racial and eth19 nic and other underserved communities. 

20 ‘‘(f) REPORTS.—An entity receiving a grant under 

21 this section shall prepare and submit to the Director every 

22 18 months a report detailing the activities undertaken 

23 with grant funds, providing additional information as the 

24 Director shall require. 
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1 ‘‘SEC. 41403. ENGAGING MEN, WOMEN, AND YOUTH IN PRE2 VENTING DOMESTIC VIOLENCE, DATING VIO3 LENCE, SEXUAL ASSAULT, AND STALKING. 

4 ‘‘(a) GRANTS AUTHORIZED.— 

5 ‘‘(1) IN GENERAL.—The Attorney General, act6 ing through the Director of the Office on Violence 

7 Against Women, and in collaboration with the Sec8 retary of Health and Human Services, shall award 

9 grants on a competitive basis to eligible entities for 

10 the purpose of developing or enhancing programs re11 lated to engaging men, women, and youth in pre12 venting domestic violence, dating violence, sexual as13 sault, and stalking by helping them to develop mutu14 ally respectful, nonviolent relationships. 

15 ‘‘(2) TERM.—The Director shall make grants 

16 under this section for a period of 3 fiscal years. 

17 ‘‘(3) AWARD BASIS.—The Director shall award 

18 grants— 

19 ‘‘(A) considering the needs of racial and 

20 ethnic and other underserved populations (as 

21 described in section 40002); 

22 ‘‘(B) with respect to gender-specific pro23 grams described under subsection (c)(1)(A), en24 suring reasonable distribution of funds to pro25 grams for boys and programs for girls; 
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1 ‘‘(C) awarding not less than 10 percent of 

2 such amounts for the funding of tribal projects 

3 from the amounts made available under this 

4 section for a fiscal year; and 

5 ‘‘(D) awarding up to 8 percent for the 

6 funding of technical assistance for grantees and 

7 non-grantees working in this area and evalua8 tion programs from the amounts made available 

9 under this section for a fiscal year. 

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section 

12 $15,000,000 for each of fiscal years 2006 through 2010. 

13 ‘‘(c) USE OF FUNDS.— 

14 ‘‘(1) PROGRAMS.—The funds appropriated 

15 under this section shall be used by eligible entities 

16 for— 

17 ‘‘(A) public education and community 

18 based programs, including gender-specific pro19 grams in accordance with applicable laws— 

20 ‘‘(i) to encourage children and youth 

21 to pursue only mutually respectful, non22 violent relationships and empower them to 

23 reduce their risk of becoming victims or 

24 perpetrators of domestic violence, dating 

25 violence, sexual assault, or stalking; and 
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1 ‘‘(ii) that include at a minimum— 

2 ‘‘(I) information on domestic vio3 lence, dating violence, sexual assault, 

4 stalking, or child sexual abuse and 

5 how they affect children and youth; 

6 and 

7 ‘‘(II) strategies to help partici8 pants be as safe as possible; or 

9 ‘‘(B) public education campaigns and com10 munity organizing to encourage men and boys 

11 to work as allies with women and girls to pre12 vent domestic violence, dating violence, stalking, 

13 and sexual assault conducted by entities that 

14 have experience in conducting public education 

15 campaigns that address domestic violence, dat16 ing violence, sexual assault, or stalking. 

17 ‘‘(2) MEDIA LIMITS.—No more than 25 percent 

18 of funds received by a grantee under this section 

19 may be used to create and distribute media mate20 rials. 

21 ‘‘(d) ELIGIBLE ENTITIES.— 

22 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

23 subsection (c)(1)(A) are— 
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1 ‘‘(A) nonprofit, nongovernmental domestic 

2 violence, dating violence, sexual assault, or 

3 stalking victim service providers or coalitions; 

4 ‘‘(B) community-based child or youth serv5 ices organizations with demonstrated experience 

6 and expertise in addressing the needs and con7 cerns of young people; 

8 ‘‘(C) a State, territorial, tribal, or unit of 

9 local governmental entity that is partnered with 

10 an organization described in subparagraph (A) 

11 or (B); or 

12 ‘‘(D) a program that provides culturally 

13 specific services. 

14 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

15 under subsection (c)(1)(B) are— 

16 ‘‘(A) nonprofit, nongovernmental organiza17 tions or coalitions that have a documented his18 tory of creating and administering effective 

19 public education campaigns addressing the pre20 vention of domestic violence, dating violence, 

21 sexual assault or stalking; or 

22 ‘‘(B) a State, territorial, tribal, or unit of 

23 local governmental entity that is partnered with 

24 an organization described in subparagraph (A). 
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1 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

2 an entity shall— 

3 ‘‘(1) prepare and submit to the Director an ap4 plication at such time, in such manner, and con5 taining such information as the Director may re6 quire; and 

7 ‘‘(2) describe in the application the policies and 

8 procedures that the entity has or will adopt to— 

9 ‘‘(A) enhance or ensure the safety and se10 curity of children and youth already experi11 encing domestic violence, dating violence, sexual 

12 assault, or stalking in their lives; 

13 ‘‘(B) ensure linguistically, culturally, and 

14 community relevant services for racial, ethnic, 

15 and other underserved communities; 

16 ‘‘(C) inform participants about laws, serv17 ices, and resources in the community, and make 

18 referrals as appropriate; and 

19 ‘‘(D) ensure that State and local domestic 

20 violence, dating violence, sexual assault, and 

21 stalking victim service providers and coalitions 

22 are aware of the efforts of organizations receiv23 ing grants under this section. 

24 ‘‘(f) REPORTS.—An entity receiving a grant under 

25 this section shall prepare and submit to the Director every 
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1 18 months a report detailing the activities undertaken 

2 with grant funds, including an evaluation of funded pro3 grams and providing additional information as the Direc4 tor shall require.’’. 

5 TITLE V—STRENGTHENING THE 

6 HEALTHCARE SYSTEM’S RE7 SPONSE TO DOMESTIC VIO8 LENCE, DATING VIOLENCE, 

9 SEXUAL ASSAULT, AND 

10 STALKING 

11 SEC. 501. PURPOSE. 

12 It is the purpose of this title to improve the health 

13 care system’s response to domestic violence, dating vio14 lence, sexual assault, and stalking through the training 

15 and education of health care providers, developing com16 prehensive public health responses to violence. 

17 SEC. 502. TRAINING AND EDUCATION OF HEALTH PROFES18 SIONALS IN DOMESTIC AND SEXUAL VIO19 LENCE. 

20 Part D of title VII of the Public Health Service Act 

21 (42 U.S.C. 294 et seq.) is amended by adding at the end 

22 the following: 
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1 ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION 

2 ON DOMESTIC VIOLENCE AND OTHER TYPES 

3 OF VIOLENCE AND ABUSE. 

4 ‘‘(a) GRANTS.—The Secretary, acting through the 

5 Director of the Health Resources and Services Adminis6 tration, shall award grants under this section to develop 

7 interdisciplinary training and education programs that 

8 provide undergraduate, graduate, post-graduate medical, 

9 nursing (including advanced practice nursing students), 

10 and other health professions students with an under11 standing of, and clinical skills pertinent to, domestic vio12 lence, sexual assault, stalking, and dating violence. 

13 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

14 under this section an entity shall— 

15 ‘‘(1) be an accredited school of allopathic or os16 teopathic medicine; 

17 ‘‘(2) prepare and submit to the Secretary an 

18 application at such time, in such manner, and con19 taining such information as the Secretary may re20 quire, including— 

21 ‘‘(A) information to demonstrate that the 

22 applicant includes the meaningful participation 

23 of a school of nursing and at least one other 

24 school of health professions or graduate pro25 gram in public health, dentistry, social work, 

26 midwifery, or behavioral and mental health; 
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1 ‘‘(B) strategies for the dissemination and 

2 sharing of curricula and other educational ma3 terials developed under the grant to other inter4 ested medical and nursing schools and national 

5 resource repositories for materials on domestic 

6 violence and sexual assault; and 

7 ‘‘(C) a plan for consulting with, and com8 pensating community-based coalitions or indi9 viduals who have experience and expertise in 

10 issues related to domestic violence, sexual as11 sault, dating violence, and stalking for services 

12 provided under the program carried out under 

13 the grant. 

14 ‘‘(c) USE OF FUNDS.— 

15 ‘‘(1) REQUIRED USES.—Amounts provided 

16 under a grant under this section shall be used to— 

17 ‘‘(A) fund interdisciplinary training and 

18 education projects that are designed to train 

19 medical, nursing, and other health professions 

20 students and residents to identify and provide 

21 health care services (including mental or behav22 ioral health care services and referrals to appro23 priate community services) to individuals who 

24 are or who have experienced domestic violence, 
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1 sexual assault, and stalking or dating violence; 

2 and 

3 ‘‘(B) plan and develop culturally competent 

4 clinical components for integration into ap5 proved residency training programs that ad6 dress health issues related to domestic violence, 

7 sexual assault, dating violence, and stalking, 

8 along with other forms of violence as appro9 priate, and include the primacy of victim safety 

10 and confidentiality. 

11 ‘‘(2) PERMISSIVE USES.—Amounts provided 

12 under a grant under this section may be used to— 

13 ‘‘(A) offer community-based training op14 portunities in rural areas for medical, nursing, 

15 and other students and residents on domestic 

16 violence, sexual assault, stalking, and dating vi17 olence, and other forms of violence and abuse, 

18 which may include the use of distance learning 

19 networks and other available technologies need20 ed to reach isolated rural areas; or 

21 ‘‘(B) provide stipends to students from ra22 cial and ethnic population groups who are 

23 underrepresented in the health professions as 

24 necessary to promote and enable their partici25 pation in clerkships, preceptorships, or other 
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1 offsite training experiences that are designed to 

2 develop health care clinical skills related to do3 mestic violence, sexual assault, dating violence, 

4 and stalking. 

5 ‘‘(3) REQUIREMENTS.— 

6 ‘‘(A) CONFIDENTIALITY AND SAFETY.— 

7 Grantees under this section shall ensure that all 

8 educational programs developed with grant 

9 funds address issues of confidentiality and pa10 tient safety, and that faculty and staff associ11 ated with delivering educational components are 

12 fully trained in procedures that will protect the 

13 immediate and ongoing security of the patients, 

14 patient records, and staff. Advocacy-based coali15 tions or other expertise available in the commu16 nity shall be consulted on the development and 

17 adequacy of confidentially and security proce18 dures, and shall be fairly compensated by 

19 grantees for their services. 

20 ‘‘(B) RURAL PROGRAMS.—Rural training 

21 programs carried out under paragraph (2)(A) 

22 shall reflect adjustments in protocols and proce23 dures or referrals that may be needed to protect 

24 the confidentiality and safety of patients who 

25 live in small or isolated communities and who 
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1 are currently or have previously experienced vio2 lence or abuse. 

3 ‘‘(4) CHILD AND ELDER ABUSE.—Issues related 

4 to child and elder abuse may be addressed as part 

5 of a comprehensive programmatic approach imple6 mented under a grant under this section. 

7 ‘‘(d) REQUIREMENTS OF GRANTEES.— 

8 ‘‘(1) LIMITATION ON ADMINISTRATIVE EX9 PENSES.—A grantee shall not use more than 10 per10 cent of the amounts received under a grant under 

11 this section for administrative expenses. 

12 ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee 

13 under this section, and any entity receiving assist14 ance under the grant for training and education, 

15 shall contribute non-Federal funds, either directly or 

16 through in-kind contributions, to the costs of the ac17 tivities to be funded under the grant in an amount 

18 that is not less than 25 percent of the total cost of 

19 such activities. 

20 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 is authorized to be appropriated to carry out this section, 

22 $3,000,000 for each of fiscal years 2006 through 2010. 

23 Amounts appropriated under this subsection shall remain 

24 available until expended.’’. 
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1 SEC. 503. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES 

2 TO DOMESTIC VIOLENCE, DATING VIOLENCE, 

3 SEXUAL ASSAULT, AND STALKING GRANTS. 

4 Part P of title III of the Public Health Service Act 

5 (42 U.S.C. 280g et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RE8 SPONSES TO DOMESTIC VIOLENCE, DATING 

9 VIOLENCE, SEXUAL ASSAULT, AND STALKING. 

10 ‘‘(a) AUTHORITY TO AWARD GRANTS.— 

11 ‘‘(1) IN GENERAL.—The Secretary, acting 

12 through the Director of the Centers for Disease 

13 Control and Prevention, shall award grants to eligi14 ble State, tribal, territorial, or local entities to 

15 strengthen the response of State, tribal, territorial, 

16 or local health care systems to domestic violence, 

17 dating violence, sexual assault, and stalking. 

18 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re19 ceive a grant under this section, an entity shall— 

20 ‘‘(A) be— 

21 ‘‘(i) a State department (or other divi22 sion) of health, a State domestic or sexual 

23 assault coalition or service-based program, 

24 or any other nonprofit, nongovernmental, 

25 tribal, territorial, or State entity with a 

26 history of effective work in the fields of do-
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1 mestic violence, dating violence, sexual as2 sault or stalking, and health care; or 

3 ‘‘(ii) a nonprofit domestic violence, 

4 dating violence, sexual assault, or stalking 

5 service-based program, a local department 

6 (or other division) of health, a local health 

7 clinic, hospital, or health system, or any 

8 other nonprofit, tribal, or local entity with 

9 a history of effective work in the field of 

10 domestic or sexual violence and health; 

11 ‘‘(B) prepare and submit to the Secretary 

12 an application at such time, in such manner, 

13 and containing such agreements, assurances, 

14 and information as the Secretary determines to 

15 be necessary to carry out the purposes for 

16 which the grant is to be made; and 

17 ‘‘(C) demonstrate that the entity is rep18 resenting a team of organizations and agencies 

19 working collaboratively to strengthen the re20 sponse of the health care system involved to do21 mestic violence, dating violence, sexual assault, 

22 or stalking and that such team includes domes23 tic violence, dating violence, sexual assault or 

24 stalking and health care organizations. 
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1 ‘‘(3) DURATION.—A program conducted under 

2 a grant awarded under this section shall not exceed 

3 3 years. 

4 ‘‘(b) USE OF FUNDS.— 

5 ‘‘(1) IN GENERAL.—An entity shall use 

6 amounts received under a grant under this section to 

7 design and implement comprehensive strategies to 

8 improve the response of the health care system in9 volved to domestic or sexual violence in clinical and 

10 public health settings, hospitals, clinics, managed 

11 care settings (including behavioral and mental 

12 health), and other health settings. 

13 ‘‘(2) MANDATORY STRATEGIES.—Strategies im14 plemented under paragraph (1) shall include the fol15 lowing: 

16 ‘‘(A) The implementation, dissemination, 

17 and evaluation of policies and procedures to 

18 guide health care professionals and behavioral 

19 and public health staff in responding to domes20 tic violence, dating violence, sexual assault, and 

21 stalking, including strategies to ensure that 

22 health information is maintained in a manner 

23 that protects the patient’s privacy and safety 

24 and prohibits insurance discrimination. 
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1 ‘‘(B) The development of on-site access to 

2 services to address the safety, medical, mental 

3 health, and economic needs of patients either by 

4 increasing the capacity of existing health care 

5 professionals and behavioral and public health 

6 staff to address domestic violence, dating vio7 lence, sexual assault, and stalking, by con8 tracting with or hiring domestic or sexual as9 sault advocates to provide the services, or to 

10 model other services appropriate to the geo11 graphic and cultural needs of a site. 

12 ‘‘(C) The development or adaptation and 

13 dissemination of education materials for pa14 tients and health care professionals and behav15 ioral and public health staff. 

16 ‘‘(D) The evaluation of practice and the in17 stitutionalization of identification, intervention, 

18 and documentation including quality improve19 ment measurements. 

20 ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im21 plemented under paragraph (1) may include the fol22 lowing: 

23 ‘‘(A) Where appropriate, the development 

24 of training modules and policies that address 

25 the overlap of child abuse, domestic violence, 
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1 dating violence, sexual assault, and stalking and 

2 elder abuse as well as childhood exposure to do3 mestic violence. 

4 ‘‘(B) The creation, adaptation, and imple5 mentation of public education campaigns for 

6 patients concerning domestic violence, dating vi7 olence, sexual assault, and stalking prevention. 

8 ‘‘(C) The development, adaptation, and 

9 dissemination of domestic violence, dating vio10 lence, sexual assault, and stalking education 

11 materials to patients and health care profes12 sionals and behavioral and public health staff. 

13 ‘‘(D) The promotion of the inclusion of do14 mestic violence, dating violence, sexual assault, 

15 and stalking into health professional training 

16 schools, including medical, dental, nursing 

17 school, social work, and mental health cur18 riculum. 

19 ‘‘(E) The integration of domestic violence, 

20 dating violence, sexual assault, and stalking 

21 into health care accreditation and professional 

22 licensing examinations, such as medical, dental, 

23 social work, and nursing boards. 
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1 ‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated 

2 under this section shall be distributed equally between 

3 State and local programs. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to award grants under 

6 this section, $5,000,000 for each of fiscal years 2006 

7 through 2010.’’. 

8 SEC. 504. IMPROVING FEDERAL HEALTH PROGRAMS’ RE9 SPONSE TO DOMESTIC VIOLENCE, DATING VI10 OLENCE, SEXUAL ASSAULT, AND STALKING. 

11 (a) TRAINING GRANTS UNDER THE MATERNAL AND

12 CHILD HEALTH SERVICES BLOCK GRANT.— 

13 (1) PREFERENCE IN CERTAIN FUNDING.—Sec14 tion 502(b)(2) of the Social Security Act (42 U.S.C. 

15 702(b)(2)) is amended by adding at the end the fol16 lowing: 

17 ‘‘(C) Of the amounts retained for projects described 

18 in subparagraphs (A) through (F) of section 501(a)(3), 

19 the Secretary shall provide preference to qualified appli20 cants that demonstrate that the activities to be carried 

21 out with such amounts include training of service pro22 viders in how to identify and treat the health effects of 

23 domestic violence, dating violence, sexual assault, or stalk24 ing, including children who have been exposed to domestic 

25 or dating violence. Such training should include— 
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1 ‘‘(i) identifying patients of clients experiencing 

2 domestic violence, dating violence sexual assault, or 

3 stalking; 

4 ‘‘(ii) assessing the immediate and short-term 

5 safety of the patient or client, the impact of the 

6 abuse on the health of the patient, and assisting the 

7 patient in developing a plan to promote his or her 

8 safety; 

9 ‘‘(iii) examining and treating such patients or 

10 clients within the scope of the health professional’s 

11 discipline, training, and practice (including providing 

12 medical advice regarding the dynamics and nature of 

13 domestic violence, dating violence sexual assault, or 

14 stalking); 

15 ‘‘(iv) maintaining complete medical or forensic 

16 records that include the documentation of the exam17 ination, treatment given, and referrals made, and re18 cording the location and nature of the victim’s inju19 ries, and establishing mechanisms to ensure the pri20 vacy and confidentiality of those medical records; 

21 ‘‘(v) referring the patient or client to public and 

22 private nonprofit entities that provide services for 

23 such victims; and 

24 ‘‘(vi) ensuring that all services are provided in 

25 a linguistically and culturally relevant manner.’’. 
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1 (2) REQUIREMENT FOR PORTION OF EXPENDI2 TURES ON DOMESTIC VIOLENCE IDENTIFICATION

3 AND TREATMENT.—Section 505(a)(5) of the Social 

4 Security Act (42 U.S.C. 705(a)(5)) is amended— 

5 (A) in subparagraph (E), by striking 

6 ‘‘and’’ at the end; 

7 (B) in subparagraph (F), by striking the 

8 period and inserting ‘‘; and’’; and 

9 (C) by inserting after subparagraph (F), 

10 the following: 

11 ‘‘(G) the State will set aside a reasonable 

12 portion (based upon the State’s previous use of 

13 funds under this title) of the funds provided for 

14 domestic violence, dating violence, sexual as15 sault, or stalking services.’’. 

16 (3) REPORTING DATA.—Section 506(a)(2) of 

17 the Social Security Act (42 U.S.C. 706(a)(2)) is 

18 amended by inserting after subparagraph (E) the 

19 following: 

20 ‘‘(F) Information on how funds provided under 

21 this title are used to identify and treat domestic vio22 lence, dating violence, sexual assault, or stalking.’’. 

23 (4) SEPARATE PROGRAM FOR DOMESTIC VIO24 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

25 STALKING IDENTIFICATION AND TREATMENT.—Title 
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1 V of the Social Security Act (42 U.S.C. 701 et seq.) 

2 is amended by adding at the end the following: 

3 ‘‘SEC. 511. SEPARATE PROGRAM FOR DOMESTIC VIOLENCE, 

4 DATING VIOLENCE, SEXUAL ASSAULT AND 

5 STALKING SCREENING AND TREATMENTS. 

6 ‘‘(a) ALLOTMENTS.—For the purpose described in 

7 subsection (b), the Secretary shall, for fiscal year 2006 

8 and each subsequent fiscal year, allot to each State that 

9 has transmitted an application for the fiscal year under 

10 section 505(a) an amount equal to the product of— 

11 ‘‘(1) the amount appropriated under subsection 

12 (d) for the fiscal year; and 

13 ‘‘(2) the percentage determined for the State 

14 under section 502(c)(1)(B)(ii). 

15 ‘‘(b) PURPOSE.—The purpose of an allotment under 

16 subsection (a) with respect to a State is to enable the 

17 State to provide for domestic violence, dating violence, sex18 ual assault, or stalking identification and treatment, in19 cluding the provision of domestic violence, dating violence, 

20 sexual assault, or stalking identification, treatment serv21 ices, increasing the number of persons identified, assessed, 

22 treated, and referred, and including training of health care 

23 professionals, and behavioral and public health staff, on 

24 how to identify and respond to adult and minor patients 
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1 experiencing domestic violence, dating violence, sexual as2 sault, or stalking. Such training shall include— 

3 ‘‘(1) identifying patients of clients experiencing 

4 domestic violence, dating violence sexual assault, or 

5 stalking; 

6 ‘‘(2) assessing the immediate and short-term 

7 safety of the patient or client, the impact of the 

8 abuse on the health of the patient, and assisting the 

9 patient in developing a plan to promote his or her 

10 safety; 

11 ‘‘(3) examining and treating such patients or 

12 clients within the scope of the health professional’s 

13 discipline, training, and practice (including providing 

14 medical advice regarding the dynamics and nature of 

15 domestic violence, dating violence sexual assault, or 

16 stalking); 

17 ‘‘(4) maintaining complete medical or forensic 

18 records that include the documentation of the exam19 ination, treatment given, and referrals made, and re20 cording the location and nature of the victim’s inju21 ries, and establishing mechanisms to ensure the pri22 vacy and confidentiality of those medical records; 

23 ‘‘(5) referring the patient or client to public and 

24 private nonprofit entities that provide services for 

25 such victims; and 
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1 ‘‘(6) ensuring that all services are provided in 

2 a linguistically and culturally relevant manner. 

3 ‘‘(c) APPLICATION OF PROVISIONS.— 

4 ‘‘(1) IN GENERAL.—Sections 503, 507, and 508 

5 apply to allotments under subsection (a) to the same 

6 extent and in the same manner as such sections 

7 apply to allotments under section 502(c). 

8 ‘‘(2) SECRETARIAL DISCRETION.—Sections 505 

9 and 506 apply to allotments under subsection (a) to 

10 the extent determined by the Secretary to be appro11 priate. 

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the 

13 purpose of making allotments under subsection (a), there 

14 are authorized to be appropriated $4,000,000 for each of 

15 fiscal years 2006 through 2010.’’. 

16 (b) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX17 UAL ASSAULT, AND STALKING IDENTIFICATION AND

18 TREATMENT SERVICES AT COMMUNITY HEALTH CEN19 TERS.—Part P of title III of the Public Health Service 

20 Act (42 U.S.C. 280g et seq.), as amended by section 504, 

21 is further amended by adding at the end the following: 
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1 ‘‘SEC. 399P–1. DOMESTIC VIOLENCE, DATING VIOLENCE, 

2 SEXUAL ASSAULT AND STALKING PREVEN3 TION, IDENTIFICATION, AND TREATMENT 

4 GRANTS. 

5 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au6 thorized to award grants to eligible entities to improve the 

7 identification and treatment of domestic violence, dating 

8 violence, sexual assault, or stalking. 

9 ‘‘(b) USE OF FUNDS.—Grants awarded under sub10 section (a) may be used for activities such as— 

11 ‘‘(1) the implementation, dissemination, and 

12 evaluation of policies and procedures to guide health 

13 care and behavioral health care professionals and 

14 other staff responding to domestic violence, dating 

15 violence, sexual assault, or stalking; 

16 ‘‘(2) the provision of training and follow-up 

17 technical assistance to health care professionals and 

18 staff to identify domestic violence, dating violence, 

19 sexual assault, or stalking, and to appropriately as20 sess, treat, and refer patients who are victims of do21 mestic violence, dating violence, sexual assault, or 

22 stalking; and 

23 ‘‘(3) the development of on-site access to serv24 ices to address the safety, medical, mental health, 

25 and economic needs of patients either by increasing 

26 the capacity of existing health care professionals and 
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1 staff to address these issues or by contracting with 

2 or hiring domestic violence or sexual assault advo3 cates to provide the services, or by developing other 

4 models appropriate to the geographic, cultural, and 

5 linguistic needs of a site. 

6 ‘‘(c) ELIGIBILITY.—To be eligible for a grant under 

7 this section, an entity shall— 

8 ‘‘(1) be a federally qualified health center as de9 fined in section 1861(aa)(4) of the Social Security 

10 Act (42 U.S.C. 1395x(aa)(4)); and 

11 ‘‘(2) prepare and submit to the Secretary an 

12 application at such time, in such manner, and ac13 companied by such information as the Secretary may 

14 require. 

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section, 

17 $4,000,000 for each of fiscal years 2006 through 2010.’’. 

18 SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

19 THE HEALTHCARE SETTING. 

20 Subtitle B of the Violence Against Women Act of 

21 1994 (Public Law 103–322; 108 Stat. 1902 et seq.), as 

22 amended by the Violence Against Women Act of 2000 

23 (114 Stat. 1491 et seq.), and as amended by this Act, 

24 is further amended by adding at the end the following: 
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1 ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE 

2 INTERVENTIONS TO ADDRESS VIO3 LENCE AGAINST WOMEN 

4 ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

5 THE HEALTH CARE SETTING. 

6 ‘‘(a) PURPOSE.—The Secretary, acting through the 

7 Director of the Centers for Disease Control and Preven8 tion and the Director of the Agency for Healthcare Re9 search and Quality, shall award grants and contracts to 

10 fund research on effective interventions in the health care 

11 setting that prevent domestic violence, dating violence, and 

12 sexual assault across the lifespan and that prevent the 

13 health effects of such violence and improve the safety and 

14 health of individuals who are currently being victimized. 

15 ‘‘(b) USE OF FUNDS.—Research conducted with 

16 amounts received under a grant or contract under this sec17 tion shall include the following: 

18 ‘‘(1) With respect to the authority of the Cen19 ters for Disease Control and Prevention— 

20 ‘‘(A) research on the effects of domestic vi21 olence, dating violence, sexual assault, and 

22 childhood exposure to domestic, dating, or sex23 ual violence, on health behaviors, health condi24 tions, and the health status of individuals, fami25 lies, and populations; and 
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1 ‘‘(B) research and testing of best messages 

2 and strategies to mobilize public action con3 cerning the prevention of domestic, dating, or 

4 sexual violence; and 

5 ‘‘(2) With respect to the authority of the Agen6 cy for Healthcare Research and Quality— 

7 ‘‘(A) research on the impact on the health 

8 care system, health care utilization, health care 

9 costs, and health status of domestic and dating 

10 violence and childhood exposure to domestic 

11 and dating violence; and 

12 ‘‘(B) research on effective interventions 

13 within primary care and emergency health care 

14 settings and with health care settings that in15 clude clinical partnerships within community 

16 domestic violence providers for adults and chil17 dren exposed to domestic or dating violence. 

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out this section, 

20 $5,000,000 for each of fiscal years 2006 through 2010.’’. 
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1 TITLE VI—HOUSING OPPORTU2 NITIES AND SAFETY FOR BAT3 TERED WOMEN AND CHIL4 DREN 

5 SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

6 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

7 SEXUAL ASSAULT, AND STALKING. 

8 The Violence Against Women Act of 1994 (42 U.S.C. 

9 13701 et seq.) is amended by adding at the end the fol10 lowing: 

11 ‘‘Subtitle O—Addressing the Hous12 ing Needs of Victims of Domes13 tic Violence, Dating Violence, 

14 Sexual Assault, and Stalking 

15 ‘‘SEC. 41501. PURPOSE. 

16 ‘‘The purpose of this subtitle is to reduce domestic 

17 violence, dating violence, sexual assault, and stalking, and 

18 to prevent homelessness by— 

19 ‘‘(1) protecting the safety of victims of domestic 

20 violence, dating violence, sexual assault, and stalking 

21 who reside in homeless shelters, public housing, as22 sisted housing, Indian housing, or other emergency, 

23 transitional, permanent, or affordable housing, and 

24 ensuring that such victims have meaningful access to 
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1 the criminal justice system without jeopardizing such 

2 housing; 

3 ‘‘(2) creating long-term housing solutions that 

4 develop communities and provide sustainable living 

5 solutions for victims of domestic violence, dating vio6 lence, sexual assault, and stalking; 

7 ‘‘(3) building collaborations between and victim 

8 service providers, homeless service providers, housing 

9 providers, and housing agencies to provide appro10 priate services, interventions, and training to ad11 dress the housing needs of victims of domestic vio12 lence, dating violence, sexual assault and stalking; 

13 and 

14 ‘‘(4) enabling public and assisted housing agen15 cies, Indian housing authorities, private landlords, 

16 property management companies, and other housing 

17 providers and agencies to respond appropriately to 

18 domestic violence, dating violence, sexual assault, 

19 and stalking, while maintaining a safe environment 

20 for all housing residents. 

21 ‘‘SEC. 41502. DEFINITIONS. 

22 ‘‘For purposes of this subtitle— 

23 ‘‘(1) the term ‘assisted housing’ means housing 

24 assisted— 
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1 ‘‘(A) under section 221(d)(3), section 

2 221(d)(4), or section 236 of the National Hous3 ing Act (12 U.S.C. 1715l(d)(3), (d)(4), or 

4 1715z–1); 

5 ‘‘(B) under section 101 of the Housing 

6 and Urban Development Act of 1965 (12 

7 U.S.C. 1701s); or 

8 ‘‘(C) under section 8 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437f); 

10 ‘‘(2) the term ‘continuum of care’ means a com11 munity plan developed to organize and deliver hous12 ing and services to meet the specific needs of people 

13 who are homeless as they move to stable housing 

14 and achieve maximum self-sufficiency; 

15 ‘‘(3) the term ‘Indian housing’ means housing 

16 assistance described in the Native American Hous17 ing Assistance and Self-Determination Act of 1996 

18 (25 U.S.C. 4101 et seq.); 

19 ‘‘(4) the term ‘low-income housing assistance 

20 voucher’ means housing assistance described in sec21 tion 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f); 

23 ‘‘(5) the term ‘public housing’ means housing 

24 described in section 3(b)(1) of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437a(b)(1)); 
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1 ‘‘(6) the term ‘public housing agency’ means an 

2 agency described in section 3(b)(6) of the United 

3 States Housing Act of 1937 (42 U.S.C. 

4 1437a(b)(6)); and 

5 ‘‘(7) the term ‘homeless service provider’ means 

6 a nonprofit, nongovernmental homeless service pro7 vider, such as a homeless shelter, a homeless service 

8 or advocacy program, a tribal organization serving 

9 homeless individuals, or coalition or other nonprofit, 

10 nongovernmental organization carrying out a com11 munity-based homeless or housing program that has 

12 a documented history of effective work concerning 

13 homelessness. 

14 ‘‘SEC. 41503. COLLABORATIVE GRANTS TO DEVELOP LONG15 TERM HOUSING FOR VICTIMS. 

16 ‘‘(a) GRANTS AUTHORIZED.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Health 

18 and Human Services, acting through the Adminis19 tration on Children, Youth and Families (‘ACYF’), 

20 and in consultation with the Secretary of Housing 

21 and Urban Development, shall award grants and 

22 contracts for a period of not less than 3 years to eli23 gible entities to develop long-term housing options 

24 for adult and minor victims of domestic violence, 
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1 dating violence, sexual assault, and stalking who are 

2 currently homeless or at risk for becoming homeless. 

3 ‘‘(2) AMOUNT.—The Secretary of Health and 

4 Human Services shall award— 

5 ‘‘(A) grants for projects that do not in6 clude the cost of construction in amounts— 

7 ‘‘(i) not less than $50,000 per year; 

8 and 

9 ‘‘(ii) not more than $350,000 per 

10 year; and 

11 ‘‘(B) grants for projects that do include 

12 the cost of construction in amounts— 

13 ‘‘(i) not less than $150,000 per year; 

14 and 

15 ‘‘(ii) not more than $1,000,000 per 

16 year. 

17 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

18 a grant under this section, an entity shall demonstrate 

19 that it is a coalition or partnership, applying jointly, 

20 that— 

21 ‘‘(1) shall include a domestic violence service 

22 provider; 

23 ‘‘(2) shall include— 

24 ‘‘(A) a homeless service provider; 
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1 ‘‘(B) a nonprofit, nongovernmental com2 munity housing development organization or a 

3 Department of Agriculture rural housing service 

4 program; or 

5 ‘‘(C) in the absence of a homeless service 

6 provider on tribal lands or nonprofit, non7 governmental community housing development 

8 organization on tribal lands, an Indian housing 

9 authority or Tribal housing consortium; 

10 ‘‘(3) may include a dating violence, sexual as11 sault, or stalking victim service provider; 

12 ‘‘(4) may include housing developers, housing 

13 corporations, State housing finance agencies, other 

14 housing agencies, and associations representing 

15 landlords; 

16 ‘‘(5) may include a public housing agency or In17 dian housing authority; 

18 ‘‘(6) may include tenant organizations in public 

19 or Indian housing, as well as nonprofit, nongovern20 mental tenant organizations; 

21 ‘‘(7) may include other nonprofit, nongovern22 mental organizations participating in the Depart23 ment of Housing and Urban Development’s Con24 tinuum of Care process; 
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1 ‘‘(8) may include a State, tribal, territorial, or 

2 local government or government agency; and 

3 ‘‘(9) may include any other such agencies or 

4 nonprofit, nongovernmental organizations, including 

5 religious and community based organizations, with 

6 the capacity to provide effective help to adult and 

7 minor victims of domestic violence, dating violence, 

8 sexual assault, or stalking. 

9 ‘‘(c) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—Each eligible entity seeking 

11 a grant under this section shall submit an applica12 tion to the Secretary of Health and Human Services 

13 at such time, in such manner, and containing such 

14 information as the Secretary of Health and Human 

15 Services may require. 

16 ‘‘(2) CONTENTS.—Each application shall de17 scribe how long-term housing options and other ac18 tivities, services, and programs for which assistance 

19 under this section is sought will help deconcentrate 

20 poverty and how they will be developed and imple21 mented with the input of current or former homeless 

22 victims of domestic violence, dating violence, sexual 

23 assault, or stalking. 

24 ‘‘(d) USE OF FUNDS.—Grants and contracts awarded 

25 to eligible entities pursuant to subsection (a) shall be used 
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1 to design or replicate and implement new activities, serv2 ices, and programs to develop long-term housing options 

3 for adult and minor victims of domestic violence, dating 

4 violence, sexual assault, or stalking, and their dependents, 

5 who are currently homeless or at risk of becoming home6 less. Such activities, services, or programs— 

7 ‘‘(1) shall participate in the Department of 

8 Housing and Urban Development’s Continuum of 

9 Care process, unless such a process does not exist in 

10 the community to be served; 

11 ‘‘(2) shall develop sustainable long-term housing 

12 in the community by— 

13 ‘‘(A) coordinating efforts and resources 

14 among the various groups and organizations 

15 comprised in the entity to access existing pri16 vate and public funding; 

17 ‘‘(B) placing individuals and families in 

18 long-term housing; and 

19 ‘‘(C) providing services to help individuals 

20 or families find and maintain long-term hous21 ing, including financial and support assistance; 

22 ‘‘(3) may provide capital costs for the purchase, 

23 preconstruction, construction, renovation, repair, or 

24 conversion of affordable housing units; 
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1 ‘‘(4) may use funds for the continuing oper2 ation, upkeep, maintenance, and use of housing de3 scribed in paragraph (3); and 

4 ‘‘(5) may provide to the community information 

5 about housing and housing programs, and the proc6 ess to locate and obtain long-term housing. 

7 ‘‘(e) UNDERSERVED POPULATIONS AND PRIOR8 ITIES.—In awarding grants under this section, the Sec9 retary of Health and Human Services, acting through the 

10 ACYF, shall— 

11 ‘‘(1) give priority to culturally specific services; 

12 ‘‘(2) give priority to applications from entities 

13 that include a sexual assault service provider as de14 scribed in subsection (b)(3); 

15 ‘‘(3) award a minimum of 15 percent of the 

16 funds appropriated under this section in any fiscal 

17 year to tribal organizations; and 

18 ‘‘(4) ensure that at least 2 of the grants award19 ed under paragraph (3) must fund projects that in20 clude construction. 

21 ‘‘(f) REPORTS.—Every 18 months, each entity shall, 

22 in cooperation and coordination with all members of the 

23 entity, submit a report to the Secretary of Health and 

24 Human Services. 

25 ‘‘(g) DEFINITIONS.—For purposes of this section— 
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1 ‘‘(1) the term ‘long-term housing’ means hous2 ing that is sustainable, affordable, and safe for the 

3 foreseeable future and is— 

4 ‘‘(A) rented or owned by the individual; 

5 ‘‘(B) subsidized by a voucher or other pro6 gram which is not time-limited and is available 

7 for as long as the individual meets the eligibility 

8 requirements for the voucher or program; or 

9 ‘‘(C) provided directly by a program, agen10 cy, or organization and is not time-limited and 

11 is available for as long as the individual meets 

12 the eligibility requirements for the program, 

13 agency, or organization; and 

14 ‘‘(2) the term ‘affordable housing’ means hous15 ing that complies with the conditions set forth in 

16 section 215 of the Cranston-Gonzalez National Af17 fordable Housing Act (42 U.S.C. 12745). 

18 ‘‘(h) EVALUATION, MONITORING, ADMINISTRATION, 

19 AND TECHNICAL ASSISTANCE.—For purposes of this sec20 tion— 

21 ‘‘(1) up to 3 percent of the funds appropriated 

22 under subsection (i) for each fiscal year may be used 

23 by the Secretary of Health and Human Services for 

24 evaluation, monitoring, and administration costs 

25 under this section; and 
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1 ‘‘(2) up to 8 percent of the funds appropriated 

2 under subsection (i) for each fiscal year may be used 

3 to provide technical assistance to grantees under this 

4 section. 

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $10,000,000 for each 

7 of fiscal years 2006 through 2010 to carry out the provi8 sions of this section. 

9 ‘‘SEC. 41504. GRANTS TO COMBAT DOMESTIC VIOLENCE, 

10 DATING VIOLENCE, SEXUAL ASSUALT, AND 

11 STALKING IN PUBLIC AND ASSISTED HOUS12 ING. 

13 ‘‘(a) PURPOSE.—It is the purpose of this section to 

14 assist eligible grantees in responding appropriately to do15 mestic violence, dating violence, sexual assault, and stalk16 ing so that the status of being a victim of such a crime 

17 is not a reason for the denial or loss of housing. Such 

18 assistance shall be accomplished through— 

19 ‘‘(1) development and implementation of appro20 priate housing policies and practices; 

21 ‘‘(2) enhancement of collaboration with victim 

22 service providers and tenant organizations; and 

23 ‘‘(3) reduction of the number of victims of such 

24 crimes who are evicted or denied housing because of 
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1 crimes and lease violations committed or directly 

2 caused by the perpetrators of such crimes. 

3 ‘‘(b) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Violence Against 

6 Women Office of the Department of Justice (‘Direc7 tor’), and in consultation with the Secretary of 

8 Housing and Urban Development (‘Secretary’), and 

9 the Secretary of Health and Human Services, acting 

10 through the Administration for Children, Youth and 

11 Families (‘ACYF’), shall award grants and contracts 

12 for not less than 3 years to eligible grantees to pro13 mote the full and equal access to and use of housing 

14 by adult and minor victims of domestic violence, dat15 ing violence, sexual assault, and stalking. 

16 ‘‘(2) AMOUNTS.—Not less than 15 percent of 

17 the funds appropriated to carry out this section shall 

18 be available for grants to Indian housing authorities. 

19 ‘‘(3) AWARD BASIS.—The Attorney General 

20 shall award grants and contracts under this section 

21 on a competitive basis. 

22 ‘‘(4) LIMITATION.—Appropriated funds may be 

23 used only for the purposes described in subsections 

24 (f) and (i). 

25 ‘‘(c) ELIGIBLE GRANTEES.— 
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1 ‘‘(1) IN GENERAL.—Eligible grantees are— 

2 ‘‘(A) public housing agencies; 

3 ‘‘(B) principally managed public housing 

4 resident management corporations, as deter5 mined by the Secretary; 

6 ‘‘(C) public housing projects owned by 

7 public housing agencies; 

8 ‘‘(D) agencies and authorities receiving as9 sistance under the Native American Housing 

10 Assistance and Self-Determination Act of 1996 

11 (25 U.S.C. 4101 et seq.); and 

12 ‘‘(E) private, for-profit, and nonprofit own13 ers or managers of assisted housing. 

14 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT15 EES.—To receive assistance under this section, an 

16 eligible grantee shall certify that— 

17 ‘‘(A) its policies and practices do not pro18 hibit or limit a resident’s right to summon po19 lice or other emergency assistance in response 

20 to domestic violence, dating violence, sexual as21 sault, or stalking; 

22 ‘‘(B) programs and services are developed 

23 that give a preference in admission to adult and 

24 minor victims of such violence, consistent with 
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1 local housing needs, and applicable law and the 

2 Secretary’s instructions; 

3 ‘‘(C) it does not discriminate against any 

4 person— 

5 ‘‘(i) because that person is or is per6 ceived to be, or has a family or household 

7 member who is or is perceived to be, a vic8 tim of such violence; or 

9 ‘‘(ii) because of the actions or threat10 ened actions of the individual who the vic11 tim, as certified in subsection (e), states 

12 has committed or threatened to commit 

13 acts of such violence against the victim, or 

14 against the victim’s family or household 

15 member; 

16 ‘‘(D) plans are developed that establish 

17 meaningful consultation and coordination with 

18 local victim service providers, tenant organiza19 tions, culturally specific service providers, State 

20 domestic violence and sexual assault coalitions, 

21 and, where they exist, tribal domestic violence 

22 and sexual assault coalitions; and 

23 ‘‘(E) its policies and practices will be in 

24 compliance with those described in this para25 graph within the later of 2 years or a period se-
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1 lected by the Attorney General in consultation 

2 with the Secretary and ACYF. 

3 ‘‘(d) APPLICATION.—Each eligible entity seeking a 

4 grant under this section shall submit an application to the 

5 Attorney General at such a time, in such a manner, and 

6 containing such information as the Attorney General may 

7 require. 

8 ‘‘(e) CERTIFICATION.— 

9 ‘‘(1) IN GENERAL.—A public housing agency, 

10 Indian housing authority, or assisted housing pro11 vider receiving funds under this section may request 

12 that an individual claiming relief under this section 

13 certify that the individual is a victim of domestic vio14 lence, dating violence, sexual assault, or stalking. 

15 The individual shall provide a copy of such certifi16 cation to the public housing agency, Indian housing 

17 authority, or assisted housing provider within a rea18 sonable period of time after the agency or authority 

19 requests such certification. 

20 ‘‘(2) CONTENTS.—An individual may satisfy the 

21 certification requirement of paragraph (1) by— 

22 ‘‘(A) providing the public housing agency, 

23 Indian housing authority, or assisted housing 

24 provider with documentation, signed by an em25 ployee, agent, or volunteer of a victim service 
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1 provider, an attorney, a member of the clergy, 

2 a medical professional, or any other professional 

3 from whom the victim has sought assistance in 

4 addressing domestic violence, dating violence, 

5 sexual assault, or stalking or the effects of 

6 abuse; or 

7 ‘‘(B) producing a Federal, State, tribal, 

8 territorial, or local police or court record. 

9 ‘‘(3) LIMITATION.—Nothing in this subsection 

10 shall be construed to require any housing agency, as11 sisted housing provider, Indian housing authority, 

12 owner, or manager to demand that an individual 

13 produce official documentation or physical proof of 

14 the individual’s status as a victim of domestic vio15 lence, dating violence, sexual assault, or stalking, in 

16 order to receive any of the benefits provided in this 

17 section. A housing authority may provide benefits to 

18 an individual based solely on the individual’s state19 ment or other corroborating evidence. 

20 ‘‘(4) CONFIDENTIALITY.— 

21 ‘‘(A) IN GENERAL.—All information pro22 vided to any housing agency, assisted housing 

23 provider, Indian housing authority, owner, or 

24 manager pursuant to paragraph (1), including 

25 the fact that an individual is a victim of domes-
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1 tic violence, dating violence, sexual assault, or 

2 stalking, shall be retained in the strictest con3 fidence by such housing authority, and shall 

4 neither be entered into any shared database, 

5 nor provided to any related housing agency, as6 sisted housing provider, Indian housing author7 ity, owner, or manager, except to the extent 

8 that disclosure is— 

9 ‘‘(i) requested or consented to by the 

10 individual in writing; or 

11 ‘‘(ii) otherwise required by applicable 

12 law. 

13 ‘‘(B) NOTIFICATION.—An individual shall 

14 be notified of the limits of such confidentiality 

15 and informed in advance about circumstances 

16 in which the housing agency, assisted housing 

17 provider, Indian housing authority, owner, or 

18 manager will be compelled to disclose the indi19 vidual’s information. 

20 ‘‘(f) USE OF FUNDS.—Grants and contracts awarded 

21 pursuant to subsection (a) shall provide to eligible entities 

22 personnel, training, and technical assistance to develop 

23 and implement policies, practices, and procedures, making 

24 physical improvements or changes, and developing or en25 hancing collaborations for the purposes of— 
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1 ‘‘(1) enabling victims of domestic violence, dat2 ing violence, sexual assault, and stalking with other3 wise disqualifying rental, credit, or criminal histories 

4 to be eligible to obtain housing or housing assist5 ance, if such victims would otherwise qualify for 

6 housing or housing assistance and can provide docu7 mented evidence information that demonstrates the 

8 causal connection between such violence or abuse 

9 and the victims’ negative histories; 

10 ‘‘(2) permitting applicants for housing or hous11 ing assistance to provide incomplete rental and em12 ployment histories, otherwise required as a condition 

13 of admission or assistance, if the victim believes that 

14 providing such rental and employment history would 

15 endanger the victim’s or the victim’s children safety; 

16 ‘‘(3) protecting victims’ confidentiality, includ17 ing protection of victims’ personally identifying in18 formation, address, or rental history; 

19 ‘‘(4) assisting victims who need to leave a pub20 lic housing, Indian housing, or assisted housing unit 

21 quickly to protect their safety, including those who 

22 are seeking transfer to a new public housing unit, 

23 Indian housing or assisted housing unit, whether in 

24 the same or a different neighborhood or jurisdiction; 
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1 ‘‘(5) enabling the public housing agency, Indian 

2 housing authority, or assisted housing provider, or 

3 the victim to remove consistent with applicable State 

4 law the perpetrator of domestic violence, dating vio5 lence, sexual assault, or stalking without evicting, re6 moving, or otherwise penalizing the victim; 

7 ‘‘(6) enabling the public housing agency, Indian 

8 housing authority, or assisted housing provider to 

9 comply with court orders, including civil protection 

10 orders issued to protect the victim, when notified 

11 and issued to address the distribution or possession 

12 of property among the household members in cases 

13 where a family breaks up; 

14 ‘‘(7) developing and implementing more effec15 tive security policies, protocols, and services; 

16 ‘‘(8) allotting not more than 15 percent of 

17 funds awarded under the grant to make physical im18 provements or changes; 

19 ‘‘(9) training all personnel to more effectively 

20 identify and respond to victims of domestic violence, 

21 dating violence, sexual assault, and stalking; and 

22 ‘‘(10) effectively providing notice to applicants 

23 and residents of the above housing policies, prac24 tices, and procedures. 
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1 ‘‘(g) REPORTS.—Each eligible entity receiving funds 

2 under this section shall submit a report to the Attorney 

3 General evaluating the effectiveness of the activities, serv4 ices, and programs developed with the funds provided 

5 under this section and containing such additional informa6 tion as the Attorney General may prescribe. 

7 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated $10,000,000 for each 

9 of fiscal years 2006 through 2010 to carry out the provi10 sions of this section. 

11 ‘‘(i) TECHNICAL ASSISTANCE.—Up to 12 percent of 

12 the amount appropriated under subsection (h) for each fis13 cal year shall be used by the Attorney General for tech14 nical assistance costs under this section. Technical assist15 ance may be provided to entities that have not received 

16 a grant under this section but are described as eligible 

17 in subsection (c).’’. 

18 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

19 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT20 ING VIOLENCE, SEXUAL ASSAULT, OR STALK21 ING. 

22 (a) IN GENERAL.—Section 40299 of the Violence 

23 Against Women Act of 1994 (42 U.S.C. 13975) is amend24 ed— 

25 (1) in subsection (a)— 
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1 (A) by inserting ‘‘the Department of Hous2 ing and Urban Development, and the Depart3 ment of Health and Human Services,’’ after 

4 ‘‘Department of Justice,’’; 

5 (B) by striking ‘‘Indian tribes’’ and insert6 ing ‘‘tribal organizations’’; 

7 (C) by inserting ‘‘, including domestic vio8 lence victim service providers, domestic violence 

9 coalitions, other nonprofit, nongovernmental or10 ganizations, or community-based and culturally 

11 specific organizations, that have a documented 

12 history of effective work concerning domestic vi13 olence, dating violence, sexual assault, or stalk14 ing’’ after ‘‘other organizations’’; and 

15 (D) in paragraph (1), by inserting ‘‘, dat16 ing violence, sexual assault, or stalking’’ after 

17 ‘‘domestic violence’’; 

18 (2) in subsection (b)— 

19 (A) by redesignating paragraphs (1) and 

20 (2) as paragraphs (2) and (3), respectively; 

21 (B) in paragraph (3), as redesignated, by 

22 inserting ‘‘, dating violence, sexual assault, or 

23 stalking’’ after ‘‘violence’’; 

24 (C) by inserting before paragraph (2), as 

25 redesignated, the following: 
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1 ‘‘(1) transitional housing, or acquire land or 

2 buildings, or rehabilitate or construct buildings for 

3 the purpose of providing transitional housing to per4 sons described in subsection (a), including funding 

5 for— 

6 ‘‘(A) the predevelopment cost and capital 

7 expenses involved in the development of transi8 tional housing; and 

9 ‘‘(B) the operating expenses of newly de10 veloped or existing transitional housing.’’; 

11 (D) in paragraph (3)(B) as redesignated, 

12 by inserting ‘‘Participation in the support serv13 ices shall be voluntary. Receipt of the benefits 

14 of the housing assistance described in para15 graph (2) shall not be conditioned upon the 

16 participation of the minors, adults, or their de17 pendents in any or all of the support services 

18 offered them.’’ after ‘‘assistance.’’; and 

19 (E) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) AMOUNTS TO SUPPLEMENT OTHER FED22 ERAL FUNDS.—Amounts made available under this 

23 section shall be used to supplement and not supplant 

24 other Federal and non-Federal funds expended to 

25 further the purpose of this section.’’; 
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1 (3) in paragraph (1) of subsection (c), by strik2 ing ‘‘18 months’’ and inserting ‘‘24 months’’; 

3 (4) in subsection (d)(2)— 

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A); 

6 (B) by redesignating subparagraph (B) as 

7 subparagraph (D); and 

8 (C) by inserting after subparagraph (A) 

9 the following new subparagraphs: 

10 ‘‘(B) describe how the input of current or 

11 former homeless victims of domestic violence, 

12 dating violence, sexual assault, or stalking will 

13 be used to develop and implement the pro14 grams, services, and other activities described 

15 in subsection (b); 

16 ‘‘(C) provide assurances that any sup17 portive services offered to participants in pro18 grams developed under subsection (b)(3) are 

19 voluntary and that refusal to receive such serv20 ices shall not be grounds for termination from 

21 the program or eviction from the victim’s hous22 ing; and’’; 

23 (5) in subsection (e)(2)— 

24 (A) in subparagraph (A), by inserting 

25 ‘‘purpose and’’ before ‘‘amount’’; 
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1 (B) in clause (ii) of subparagraph (C), by 

2 striking ‘‘and’’; 

3 (C) in subparagraph (D), by striking the 

4 period and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(E) the client population served and the 

8 number of individuals requesting services that 

9 the transitional housing program is unable to 

10 serve as a result of a lack of resources.’’; and 

11 (6) in subsection (g)— 

12 (A) in paragraph (1), by striking 

13 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’; 

14 (B) in paragraph (1), by striking ‘‘2004’’ 

15 and inserting ‘‘2006’’; 

16 (C) in paragraph (1), by striking ‘‘2008.’’ 

17 and inserting ‘‘2010. Funds authorized to be 

18 appropriated under this subsection shall remain 

19 available until expended.’’; 

20 (D) in paragraph (2), by striking ‘‘not 

21 more than 3 percent’’ and inserting ‘‘up to 5 

22 percent’’; 

23 (E) in paragraph (2), by inserting ‘‘evalua24 tion, monitoring, technical assistance,’’ before 

25 ‘‘salaries’’; and 
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1 (F) in paragraph (3), by adding at the end 

2 the following new subparagraphs: 

3 ‘‘(C) UNDERSERVED POPULATIONS.— 

4 ‘‘(i) A minimum of 10 percent of the 

5 total amount appropriated in any fiscal 

6 year shall be allocated to tribal organiza7 tions serving adult and minor victims of 

8 domestic violence, dating violence, sexual 

9 assault, or stalking and their dependents. 

10 ‘‘(ii) Priority shall be given to projects 

11 developed under subsection (b) that pri12 marily serve racial and ethnic and other 

13 underserved populations.’’. 

14 SEC. 603. PUBLIC AND INDIAN HOUSING AUTHORITY PLANS 

15 REPORTING REQUIREMENT. 

16 Section 5A of the United States Housing Act of 1937 

17 (42 U.S.C. 1437c–1) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘para20 graph (2)’’ and inserting ‘‘paragraph (3)’’; 

21 (B) by redesignating paragraph (2) as 

22 paragraph (3); and 

23 (C) by inserting after paragraph (1) the 

24 following: 
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1 ‘‘(2) STATEMENT OF GOALS.—The 5-year plan 

2 shall include a statement by any public housing 

3 agency or Indian housing authority of the goals, ob4 jectives, policies, or programs that will enable the 

5 housing authority to serve the needs of minor and 

6 adult victims of domestic violence, dating violence, 

7 sexual assault, or stalking.’’; 

8 (2) in subsection (d), by redesignating para9 graphs (13), (14), (15), (16), (17), and (18), as 

10 paragraphs (14), (15), (16), (17), (18), and (19), re11 spectively; and 

12 (3) by inserting after paragraph (12) the fol13 lowing: 

14 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, 

15 SEXUAL ASSAULT, OR STALKING PROGRAMS.—A de16 scription of— 

17 ‘‘(A) any activities, services, or programs 

18 provided or offered by an agency, either directly 

19 or in partnership with other service providers, 

20 to minor or adult victims of domestic violence, 

21 dating violence, sexual assault, or stalking; 

22 ‘‘(B) any activities, services, or programs 

23 provided or offered by a public housing agency 

24 or Indian housing authority that helps minor 

25 and adult victims of domestic violence, dating 
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1 violence, sexual assault, or stalking, to obtain or 

2 maintain housing; and 

3 ‘‘(C) any activities, services, or programs 

4 provided or offered by a public housing agency 

5 or Indian housing authority to prevent domestic 

6 violence, dating violence, sexual assault, and 

7 stalking, or to enhance victim safety in assisted 

8 families.’’. 

9 SEC. 604. HOUSING STRATEGIES. 

10 Section 105(b)(1) of the Cranston-Gonzalez National 

11 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is 

12 amended by inserting after ‘‘immunodeficiency syn13 drome,’’ the following: ‘‘victims of domestic violence, dat14 ing violence, sexual assault, and stalking’’. 

15 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME16 LESS ASSISTANCE ACT. 

17 Section 423 of the Stewart B. McKinney Homeless 

18 Assistance Act (42 U.S.C. 11383) is amended— 

19 (1) by adding at the end of subsection (a) the 

20 following: 

21 ‘‘(8) CONFIDENTIALITY.— 

22 ‘‘(A) IN GENERAL.—In the course of 

23 awarding grants or implementing programs 

24 under this subsection, the Secretary shall in25 struct any recipient or subgrantee shall make 
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1 reasonable efforts not to disclose to any person, 

2 agency, or entity any personally identifying in3 formation about any client where the Secretary, 

4 recipient, or subgrantee believes based upon 

5 reasonable evidence that the client is either a 

6 minor or an adult victim of domestic violence, 

7 dating violence, sexual assault, or stalking, or is 

8 the parent or guardian of a minor victim of do9 mestic violence, dating violence, sexual assault, 

10 or stalking. The Secretary shall not require or 

11 ask a recipient or subgrantee of any other Fed12 eral or State program to disclose personally 

13 identifying information about any clients where 

14 the persons, agencies, or entities implementing 

15 those programs believe based upon reasonable 

16 evidence that those clients either are minor or 

17 adult victims of domestic violence, dating vio18 lence, sexual assault, or stalking or are the par19 ents or guardians of minor victims of domestic 

20 violence, dating violence, sexual assault, or 

21 stalking. The Secretary shall instruct any re22 cipient or subgrantee under this subsection or 

23 any recipient or subgrantee of any other Fed24 eral or State program participating in the 

25 Homeless Management Information System 
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1 that personally identifying information about 

2 any client may only be disclosed if the program 

3 seeking to disclose such information has ob4 tained informed, reasonably time-limited, writ5 ten consent from the client to whom the infor6 mation relates. The Secretary may require or 

7 ask any recipient or subgrantee to share non8 personally identifying data in the aggregate re9 garding services to clients and nonpersonally 

10 identifying demographic information in order to 

11 comply with the data collection requirements of 

12 the Homeless Management Information System. 

13 ‘‘(B) DEFINITION.—As used in this para14 graph, the term ‘personally identifying informa15 tion’ means individually identifying information 

16 from or about an individual including— 

17 ‘‘(i) first and last name; 

18 ‘‘(ii) a home or other physical address, 

19 including street name and name of city or 

20 town; 

21 ‘‘(iii) an email address or other online 

22 contact information, such as an instant 

23 messaging user identifier or a screen name 

24 that reveals an individual’s email address; 

25 ‘‘(iv) a telephone number; 
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1 ‘‘(v) a social security number; 

2 ‘‘(vi) an Internet Protocol (‘IP’) ad3 dress or host name that identifies an indi4 vidual; 

5 ‘‘(vii) a persistent identifier, such as a 

6 customer number held in a ‘cookie’ or 

7 processor serial number, that is combined 

8 with other available data that identifies an 

9 individual; and 

10 ‘‘(viii) any other information, includ11 ing, but not limited to, grade point aver12 age, date of birth, academic or occupa13 tional interests, athletic or extracurricular 

14 interests, racial or ethnic background, or 

15 religious affiliation, that, in combination 

16 with any of the above, would serve to iden17 tify any individual.’’. 

18 SEC. 606. AMENDMENTS TO THE LOW INCOME HOUSING AS19 SISTANCE VOUCHER PROGRAM. 

20 Section 8 of the United States Housing Act of 1937 

21 (42 U.S.C. 1437f) is amended— 

22 (1) in subsection (d)— 

23 (A) in paragraph (1)(B)(ii), by inserting 

24 after ‘‘other good cause’’ the following: ‘‘, and 

25 that an incident or incidents of actual or 
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1 threatened domestic violence, dating violence, 

2 sexual assault, or stalking will not be construed 

3 as a serious or repeated violation of the lease by 

4 the victim or threatened victim of that violence 

5 and will not be good cause for terminating a 

6 lease held by the victim of such violence’’; and 

7 (B) in paragraph (1)(B)(iii), by inserting 

8 after ‘‘termination of tenancy’’ the following: ‘‘, 

9 except that (I) criminal activity directly relating 

10 to domestic violence, dating violence, sexual as11 sault, or stalking, engaged in by a member of 

12 a tenant’s household or any guest or other per13 son under the tenant’s control shall not be 

14 cause for termination of the tenancy, if the ten15 ant or a minor child of the tenant is a victim 

16 of domestic violence, dating violence, sexual as17 sault, or stalking and, as a result, could not 

18 control or prevent the criminal activity; (II) 

19 nothing in subclause (I) may be construed to 

20 limit the authority of an owner or manager, 

21 consistent with applicable State law, to evict or 

22 the public housing agency or assisted housing 

23 provider to terminate voucher assistance to in24 dividuals who engage in criminal acts of phys25 ical violence against family members or others; 
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1 and (III) nothing in subclause (I) may be con2 strued to limit the authority of an owner or 

3 manager, consistent with applicable State law, 

4 to evict or the public housing agency or assisted 

5 housing provider to terminate voucher assist6 ance to any tenant if the owner, manager, pub7 lic housing agency, or assisted housing provider 

8 can demonstrate an acctual and imminent 

9 threat to the larger community if that tenant is 

10 not evicted or terminated from assistance’’; 

11 (2) in subsection (f)— 

12 (A) in paragraph (6) by striking ‘‘and’’; 

13 (B) in paragraph (7) by striking the period 

14 at the end and inserting a semicolon; 

15 (C) by adding at the end the following new 

16 paragraphs: 

17 ‘‘(8) the term ‘domestic violence’ has the same 

18 meaning given the term in section 2003 of title I of 

19 the Omnibus Crime Control and Safe Streets Act of 

20 1968 (42 U.S.C. 3796gg–2); 

21 ‘‘(9) the term ‘dating violence’ has the same 

22 meaning given the term in section 2003 of title I of 

23 the Omnibus Crime Control and Safe Streets Act of 

24 1968 (42 U.S.C. 3796gg–2); and 
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1 ‘‘(10) the term ‘sexual assault’ has the same 

2 meaning given the term in section 2003 of title I of 

3 the Omnibus Crime Control and Safe Streets Act of 

4 1968 (42 U.S.C. 3796gg–2).’’; 

5 (3) in subsection (o)— 

6 (A) by inserting at the end of paragraph 

7 (6)(B), the following new sentence: ‘‘That an 

8 applicant is or is perceived to be, or has been 

9 or has been perceived to be, a victim of domes10 tic violence, dating violence, or stalking is not 

11 an appropriate basis for denial of program as12 sistance by a public housing authority.’’; 

13 (B) in paragraph (7)(C), by inserting after 

14 ‘‘other good cause’’ the following: ‘‘, and that 

15 an incident or incidents of actual or threatened 

16 domestic violence, dating violence, sexual as17 sault, or stalking will not be construed as a se18 rious or repeated violation of the lease by the 

19 victim or threatened victim of that violence and 

20 will not be good cause for terminating a lease 

21 held by the victim of such violence’’; and 

22 (C) in paragraph (7)(D), by inserting after 

23 ‘‘termination of tenancy’’ the following: ‘‘; ex24 cept that (i) criminal activity relating to domes25 tic violence, dating violence, sexual assault, or 
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1 stalking, engaged in by a member of a tenant’s 

2 household or any guest or other person under 

3 the tenant’s control shall not be cause for ter4 mination of the tenancy, if the tenant or imme5 diate member of the tenant’s family is a victim 

6 of domestic violence, dating violence, sexual as7 sault, or stalking and, as a result, could not 

8 control or prevent the criminal activity; (ii) 

9 nothing in clause (i) may be construed to limit 

10 the authority of an owner or manager, con11 sistent with applicable State law, to evict or the 

12 public housing agency or assisted housing pro13 vider to terminate voucher assistance to individ14 uals who engage in criminal acts of physical vi15 olence against family members or others; and 

16 (iii) nothing in clause (i) may be construed to 

17 limit the authority of an owner or manager, 

18 consistent with applicable State law, to evict or 

19 the public housing agency or assisted housing 

20 provider to terminate voucher assistance to any 

21 tenant if the owner, manager, public housing 

22 agency, or assisted housing provider can dem23 onstrate an accutal and imminent threat to the 

24 larger community if that tenant is not evicted 

25 or terminated from assistance’’; 
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1 (4) in subsection (r)(5) by inserting after ‘‘vio2 lation of a lease’’ the following: ‘‘, except that a fam3 ily may receive a voucher from a public housing 

4 agency and move to another jurisdiction under the 

5 tenant-based assistance program if the family has 

6 moved out of the assisted dwelling unit in order to 

7 protect the health or safety of an individual who is 

8 or has been the victim of domestic violence, dating 

9 violence, sexual assault, or stalking and who reason10 ably believed he or she was imminently threatened 

11 by harm from further violence if he or she remained 

12 in the assisted dwelling unit’’; and 

13 (5) by adding at the end the following new sub14 section: 

15 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.— 

16 ‘‘(1) CERTIFICATION.— 

17 ‘‘(A) IN GENERAL.—An owner, manager, 

18 public housing agency, or assisted housing pro19 vider responding to subsections (d)(1)(B(ii), 

20 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), and (r)(5) 

21 may request that an individual certify that the 

22 individual is a victim of domestic violence, dat23 ing violence, sexual assault, or stalking, and 

24 that the incident or incidents in question are 

25 bona fide incidents of such actual or threatened 
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1 abuse and meet the requirements set forth in 

2 the aforementioned paragraphs. The individual 

3 shall provide a copy of such certification within 

4 a reasonable period of time after an owner, 

5 manager, public housing agency, or assisted 

6 housing provider requests such certification. 

7 ‘‘(B) CONTENTS.—An individual may sat8 isfy the certification requirement of subpara9 graph (A) by— 

10 ‘‘(i) providing the requesting owner, 

11 manager, public housing agency, or as12 sisted housing provider with documentation 

13 signed by an employee, agent, or volunteer 

14 of a victim service provider, an attorney, a 

15 member of the clergy, a medical profes16 sional, or any other professional, from 

17 whom the victim has sought assistance in 

18 addressing domestic violence, dating vio19 lence, sexual assault, or stalking or the ef20 fects of the abuse; or 

21 ‘‘(ii) producing a Federal, State, trib22 al, territorial, or local police or court 

23 record. 

24 ‘‘(C) LIMITATION.—At their discretion, the 

25 owner, manager, public housing agency, or as-
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1 sisted housing provider may provide benefits to 

2 an individual based solely on the individual’s 

3 statement or other corroborating evidence but is 

4 not mandated to do so. 

5 ‘‘(2) CONFIDENTIALITY.— 

6 ‘‘(A) IN GENERAL.—All information pro7 vided to an owner, manager, public housing 

8 agency, or assisted housing provider pursuant 

9 to paragraph (1), including the fact that an in10 dividual is a victim of domestic violence, dating 

11 violence, sexual assault, or stalking, shall be re12 tained in the strictest confidence by such owner, 

13 manager, public housing agency, or assisted 

14 housing provider, and shall neither be entered 

15 into any shared database, nor provided to any 

16 related entity, except to the extent that disclo17 sure is— 

18 ‘‘(i) requested or consented to by the 

19 individual in writing; or 

20 ‘‘(ii) otherwise required by applicable 

21 law. 

22 ‘‘(B) NOTIFICATION.—An individual must 

23 be notified of the limits of such confidentiality 

24 and informed in advance about circumstances 
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1 in which the person or entity will be compelled 

2 to disclose the individual’s information.’’. 

3 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO4 GRAM. 

5 Section 6 of the United States Housing Act of 1937 

6 (42 U.S.C. 1437d) is amended— 

7 (1) in subsection (c), by redesignating para8 graph (3) and (4), as paragraphs (4) and (5), re9 spectively; 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) the public housing agency shall not deny 

13 admission to the project to any applicant on the 

14 basis that the applicant is or is perceived to be, or 

15 has been or has been perceived to be, a victim of do16 mestic violence, dating violence, or stalking’’; 

17 (3) in subsection (l)(5), by inserting after 

18 ‘‘other good cause’’ the following: ‘‘, and that an in19 cident or incidents of actual or threatened domestic 

20 violence, dating violence, sexual assault, or stalking 

21 will not be construed as a serious or repeated viola22 tion of the lease by the victim or threatened victim 

23 of that violence and will not be good cause for termi24 nating a lease held by the victim of such violence’’; 
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1 (4) in subsection (l)(6), by inserting after ‘‘ter2 mination of tenancy’’ the following: ‘‘; except that 

3 (A) criminal activity directly relating to domestic vi4 olence, dating violence, sexual assault, or stalking, 

5 engaged in by a member of a tenant’s household or 

6 any guest or other person under the tenant’s control 

7 shall not be cause for termination of the tenancy, if 

8 the tenant or immediate member of the tenant’s 

9 family is a victim of domestic violence, dating vio10 lence, sexual assault, or stalking and, as a result 

11 could not control or prevent the criminal activity; 

12 (B) nothing in subparagraph (A) may be construed 

13 to limit the authority of a public housing agency, 

14 consistent with applicable State laws, to evict or the 

15 public housing agency or assisted housing provider 

16 to terminate voucher assistance to individuals who 

17 engage in criminal acts of physical violence against 

18 family members or others; ‘‘; and (C) nothing in 

19 subparagraph (A) may be construed to limit the au20 thority of a public housing agency, consistent with 

21 applicable State law, to terminate the tenancy of any 

22 tenant if the public housing agency can demonstrate 

23 an actual and imminent threat to the larger commu24 nity if that tenant’s tenancy is not terminated’’; and 
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1 (5) by inserting at the end of subsection (t) the 

2 following new subsection: 

3 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— 

4 ‘‘(1) CERTIFICATION.— 

5 ‘‘(A) IN GENERAL.—A public housing 

6 agency responding to subsection (l) (5) and (6) 

7 may request that an individual certify that the 

8 individual is a victim of domestic violence, dat9 ing violence, sexual assault, or stalking, and 

10 that the incident or incidents in question are 

11 bona fide incidents of such actual or threatened 

12 abuse and meet the requirements set forth in 

13 the aforementioned paragraphs. The individual 

14 shall provide a copy of such certification within 

15 a reasonable period of time after the public 

16 housing agency requests such certification. 

17 ‘‘(B) CONTENTS.—An individual may sat18 isfy the certification requirement of subpara19 graph (A) by— 

20 ‘‘(i) providing the requesting public 

21 housing agency with documentation signed 

22 by an employee, agent, or volunteer of a 

23 victim service provider, an attorney, a 

24 member of the clergy, a medical profes25 sional, or any other professional, from 
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1 whom the victim has sought assistance in 

2 addressing domestic violence, dating vio3 lence, sexual assault, or stalking or the ef4 fects of the abuse; or 

5 ‘‘(ii) producing a Federal, State, trib6 al, territorial, or local police or court 

7 record. 

8 ‘‘(C) LIMITATION.—At the public housing 

9 agency’s discretion, a public housing agency 

10 may provide benefits to an individual based 

11 solely on the individual’s statement or other 

12 corroborating evidence but is not mandated to 

13 do so. 

14 ‘‘(2) CONFIDENTIALITY.— 

15 ‘‘(A) IN GENERAL.—All information pro16 vided to any public housing agency pursuant to 

17 paragraph (1), including the fact that an indi18 vidual is a victim of domestic violence, dating 

19 violence, sexual assault, or stalking, shall be re20 tained in the strictest confidence by such public 

21 housing agency, and shall neither be entered 

22 into any shared database, nor provided to any 

23 related entity, except to the extent that disclo24 sure is— 
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1 ‘‘(i) requested or consented to by the 

2 individual in writing; or 

3 ‘‘(ii) otherwise required by applicable 

4 law. 

5 ‘‘(B) NOTIFICATION.—An individual must 

6 be notified of the limits of such confidentiality 

7 and informed in advance about circumstances 

8 in which the person or entity will be compelled 

9 to disclose the individual’s information. 

10 ‘‘(3) DEFINITIONS.—For purposes of this sub11 section and subsection (l) (5) and (6)— 

12 ‘‘(A) the term ‘domestic violence’ has the 

13 same meaning given the term in section 2003 

14 of title I of the Omnibus Crime Control and 

15 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

16 2); 

17 ‘‘(B) the term ‘dating violence’ has the 

18 same meaning given the term in section 2003 

19 of title I of the Omnibus Crime Control and 

20 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

21 2); 

22 ‘‘(C) the term ‘stalking’ means engaging in 

23 a course of conduct directed at a specific person 

24 that would cause a reasonable person to— 
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1 ‘‘(i) fear for his or her safety or the 

2 safety of others; or 

3 ‘‘(ii) suffer significant emotional dis4 tress; and 

5 ‘‘(D) the term ‘sexual assault’ has the 

6 same meaning given the term in section 2003 

7 of title I of the Omnibus Crime Control and 

8 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

9 2).’’. 

10 TITLE VII—PROVIDING ECO11 NOMIC SECURITY FOR VIC12 TIMS OF VIOLENCE 

13 SEC. 701. EMERGENCY LEAVE. 

14 (a) IN GENERAL.—The Violence Against Women Act 

15 of 1994 (Public Law 103–322; 108 Stat. 1902) is amend16 ed by adding after subtitle M the following: 

17 ‘‘Subtitle Q—Assistance for Individ18 uals Experiencing Domestic or 

19 Sexual Violence 

20 ‘‘CHAPTER 1—EMERGENCY LEAVE 

21 ‘‘SEC. 41701. PURPOSES. 

22 ‘‘The purposes of this chapter are, pursuant to the 

23 affirmative power of Congress to enact legislation under 

24 the portions of section 8 of article I of the Constitution 

25 relating to providing for the general welfare and to regula-
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1 tion of commerce among the several States, and under sec2 tion 5 of the 14th amendment to the Constitution— 

3 ‘‘(1) to promote the national interest in reduc4 ing domestic or sexual violence by enabling victims 

5 of domestic or sexual violence to maintain the finan6 cial independence necessary to leave abusive situa7 tions, achieve safety, and minimize the physical and 

8 emotional injuries from domestic or sexual violence, 

9 and to reduce the devastating economic con10 sequences of domestic or sexual violence to employ11 ers and employees; 

12 ‘‘(2) to promote the national interest in ensur13 ing that victims of domestic or sexual violence can 

14 recover from and cope with the effects of such vio15 lence, and participate in criminal and civil justice 

16 processes, without fear of adverse economic con17 sequences; and 

18 ‘‘(3) to reduce the negative impact on interstate 

19 commerce produced by dislocations of employees and 

20 harmful effects on productivity, employment, health 

21 care costs, and employer costs, caused by domestic 

22 or sexual violence, including related intentional ef23 forts to frustrate women’s ability to participate in 

24 employment and interstate commerce. 
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1 ‘‘SEC. 41702. ENTITLEMENT TO EMERGENCY LEAVE FOR AD2 DRESSING DOMESTIC OR SEXUAL VIOLENCE. 

3 ‘‘(a) LEAVE REQUIREMENT.— 

4 ‘‘(1) BASIS.—An employee who is a victim of 

5 domestic or sexual violence may use accrued or exist6 ing leave from work to address domestic or sexual 

7 violence, by— 

8 ‘‘(A) seeking medical attention for, or re9 covering from, physical or psychological injuries 

10 caused by domestic or sexual violence to the 

11 employee or the employee’s family or household 

12 member; 

13 ‘‘(B) obtaining services from a victim serv14 ice provider for the employee or the employee’s 

15 family or household member; 

16 ‘‘(C) obtaining psychological or other coun17 seling for the employee or the employee’s family 

18 or household member; 

19 ‘‘(D) participating in safety planning, tem20 porarily or permanently relocating, or taking 

21 other actions to increase the safety of the em22 ployee or the employee’s family or household 

23 member from future domestic or sexual violence 

24 or ensure economic security; or 

25 ‘‘(E) seeking legal or law enforcement as26 sistance or remedies to ensure the health and 
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1 safety of the employee or the employee’s family 

2 or household member, including preparing for 

3 or participating in any civil or criminal legal 

4 proceeding related to or derived from domestic 

5 or sexual violence. 

6 ‘‘(2) PERIOD.—An employee may take not more 

7 than 15 days of leave, as described in paragraph (1), 

8 in any 12-month period. 

9 ‘‘(3) SCHEDULE.—Leave described in para10 graph (1) may be taken intermittently or on a re11 duced leave schedule. 

12 ‘‘(b) NOTICE.—The employee shall provide the em13 ployer with reasonable notice of the employee’s intention 

14 to take the leave, unless providing such notice is not prac15 ticable because of injury. 

16 ‘‘(c) CERTIFICATION.— 

17 ‘‘(1) IN GENERAL.—The employer may require 

18 the employee to provide certification to the employer, 

19 within a reasonable period after the employer re20 quires the certification, that— 

21 ‘‘(A) the employee or the employee’s family 

22 or household member is a victim of domestic or 

23 sexual violence; and 

24 ‘‘(B) the leave is for 1 of the purposes de25 scribed in subsection (a)(1). 
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1 ‘‘(2) CONTENTS.—An employee may satisfy the 

2 certification requirement of paragraph (1) by pro3 viding to the employer— 

4 ‘‘(A) a sworn statement of the employee; 

5 ‘‘(B) documentation from an employee, 

6 agent, or volunteer of a victim service provider, 

7 an attorney, a member of the clergy, or a med8 ical or other professional, from whom the em9 ployee or the employee’s family or household 

10 member has sought assistance in addressing do11 mestic or sexual violence and the effects of the 

12 violence; 

13 ‘‘(C) a police or court record; or 

14 ‘‘(D) other corroborating evidence. 

15 ‘‘(d) CONFIDENTIALITY.—All information provided to 

16 the employer pursuant to subsection (b) or (c), and the 

17 fact that the employee has requested or obtained leave 

18 pursuant to this section, shall be retained in the strictest 

19 confidence by the employer, except to the extent that dis20 closure is— 

21 ‘‘(1) requested or consented to by the employee 

22 in writing; or 

23 ‘‘(2) otherwise required by applicable Federal or 

24 State law. 

25 ‘‘(e) EMPLOYMENT AND BENEFITS.— 
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1 ‘‘(1) RESTORATION TO POSITION.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 paragraph (2), any employee who takes leave 

4 under this section for the intended purpose of 

5 the leave shall be entitled, on return from such 

6 leave— 

7 ‘‘(i) to be restored by the employer to 

8 the position of employment held by the em9 ployee when the leave commenced; or 

10 ‘‘(ii) to be restored to an equivalent 

11 position with equivalent employment bene12 fits, pay, and other terms and conditions of 

13 employment. 

14 ‘‘(B) LOSS OF BENEFITS.—The taking of 

15 leave under this section shall not result in the 

16 loss of any employment benefit accrued prior to 

17 the date on which the leave commenced. 

18 ‘‘(C) LIMITATIONS.—Nothing in this sub19 section shall be construed to entitle any re20 stored employee to— 

21 ‘‘(i) the accrual of any seniority or 

22 employment benefits during any period of 

23 leave; or 

24 ‘‘(ii) any right, benefit, or position of 

25 employment other than any right, benefit, 
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1 or position to which the employee would 

2 have been entitled had the employee not 

3 taken the leave. 

4 ‘‘(D) CONSTRUCTION.—Nothing in this 

5 paragraph shall be construed to prohibit an em6 ployer from requiring an employee on leave 

7 under this section to report periodically to the 

8 employer on the status and intention of the em9 ployee to return to work. 

10 ‘‘(2) EXEMPTION CONCERNING CERTAIN HIGH11 LY COMPENSATED EMPLOYEES.— 

12 ‘‘(A) DENIAL OF RESTORATION.—An em13 ployer may deny restoration under paragraph 

14 (1) to any employee described in subparagraph 

15 (B) if— 

16 ‘‘(i) such denial is necessary to pre17 vent substantial and grievous economic in18 jury to the operations of the employer; 

19 ‘‘(ii) the employer notifies the em20 ployee of the intent of the employer to 

21 deny restoration on such basis at the time 

22 the employer determines that such injury 

23 would occur; and 

24 ‘‘(iii) in any case in which the leave 

25 has commenced, the employee elects not to 
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1 return to employment after receiving such 

2 notice. 

3 ‘‘(B) AFFECTED EMPLOYEES.—An em4 ployee referred to in subparagraph (A) is a sal5 aried employee who is among the highest paid 

6 10 percent of the employees employed by the 

7 employer within 75 miles of the facility at 

8 which the employee is employed. 

9 ‘‘(3) MAINTENANCE OF HEALTH BENEFITS.— 

10 ‘‘(A) COVERAGE.—Except as provided in 

11 subparagraph (B), during any period that an 

12 employee takes leave under this section, the em13 ployer shall maintain coverage under any group 

14 health plan (as defined in section 5000(b)(1) of 

15 the Internal Revenue Code of 1986) for the du16 ration of such leave at the level and under the 

17 conditions coverage would have been provided if 

18 the employee had continued in employment con19 tinuously for the duration of such leave. 

20 ‘‘(B) FAILURE TO RETURN FROM

21 LEAVE.—The employer may recover the pre22 mium that the employer paid for maintaining 

23 coverage for the employee under such group 

24 health plan during any period of leave under 

25 this section if— 
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1 ‘‘(i) the employee fails to return from 

2 leave under this section after the period of 

3 leave to which the employee is entitled for 

4 the domestic or sexual violence involved 

5 has expired; and 

6 ‘‘(ii) the employee fails to return to 

7 work for a reason other than the continu8 ation or recurrence of domestic or sexual 

9 violence, that entitles the employee to leave 

10 pursuant to this section. 

11 ‘‘(C) CERTIFICATION.— 

12 ‘‘(i) ISSUANCE.—An employer may re13 quire an employee who claims that the em14 ployee is unable to return to work because 

15 of a reason described in subparagraph 

16 (B)(ii) to provide, within a reasonable pe17 riod after making the claim, certification to 

18 the employer that the employee is unable 

19 to return to work because of that reason. 

20 ‘‘(ii) CONTENTS.—An employee may 

21 satisfy the certification requirement of 

22 clause (i) by providing to the employer— 

23 ‘‘(I) a sworn statement of the 

24 employee; 
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1 ‘‘(II) documentation from an em2 ployee, agent, or volunteer of a victim 

3 service provider, an attorney, a mem4 ber of the clergy, or a medical or 

5 other professional, from whom the 

6 employee or the employee’s family or 

7 household member has sought assist8 ance in addressing domestic or sexual 

9 violence and the effects of the vio10 lence; 

11 ‘‘(III) a police or court record; or 

12 ‘‘(IV) other corroborating evi13 dence. 

14 ‘‘(D) CONFIDENTIALITY.—All information 

15 provided to the employer pursuant to subpara16 graph (C), and the fact that the employee is not 

17 returning to work because of a reason described 

18 in subparagraph (B)(ii), shall be retained in the 

19 strictest confidence by the employer, except to 

20 the extent that disclosure is— 

21 ‘‘(i) requested or consented to by the 

22 employee in writing; or 

23 ‘‘(ii) otherwise required by applicable 

24 Federal or State law. 

25 ‘‘(f) PROHIBITED ACTS.— 
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1 ‘‘(1) INTERFERENCE WITH RIGHTS.— 

2 ‘‘(A) EXERCISE OF RIGHTS.—It shall be 

3 unlawful for any employer to interfere with, re4 strain, or deny the exercise of or the attempt to 

5 exercise, any right provided under this section. 

6 ‘‘(B) EMPLOYER DISCRIMINATION.—It 

7 shall be unlawful for any employer to discharge 

8 or harass any individual, or otherwise discrimi9 nate against any individual with respect to com10 pensation, terms, conditions, or privileges of 

11 employment of the individual (including retalia12 tion in any form or manner) because the indi13 vidual— 

14 ‘‘(i) exercised any right provided 

15 under this section; or 

16 ‘‘(ii) opposed any practice made un17 lawful by this section. 

18 ‘‘(2) INTERFERENCE WITH PROCEEDINGS OR

19 INQUIRIES.—It shall be unlawful for any person to 

20 discharge or in any other manner discriminate (as 

21 described in paragraph (1)(B)) against any indi22 vidual because such individual— 

23 ‘‘(A) has filed any charge, or has instituted 

24 or caused to be instituted any proceeding, 

25 under or related to this section; 
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1 ‘‘(B) has given, or is about to give, any in2 formation in connection with any inquiry or 

3 proceeding relating to any right provided under 

4 this section; or 

5 ‘‘(C) has testified, or is about to testify, in 

6 any inquiry or proceeding relating to any right 

7 provided under this section. 

8 ‘‘(g) ENFORCEMENT.— 

9 ‘‘(1) ACTION BY THE SECRETARY.— 

10 ‘‘(A) ADMINISTRATIVE ACTION.—The Sec11 retary shall receive, investigate, and attempt to 

12 resolve complaints of violations of subsection (f) 

13 in the same manner as the Secretary receives, 

14 investigates, and attempts to resolve complaints 

15 of violations of sections 6 and 7 of the Fair 

16 Labor Standards Act of 1938 (29 U.S.C. 206 

17 and 207). 

18 ‘‘(B) CIVIL ACTION.—The Secretary may 

19 bring an action in any court of competent juris20 diction to recover the damages described in 

21 paragraph (1)(A)(i). 

22 ‘‘(C) SUMS RECOVERED.—Any sums recov23 ered by the Secretary pursuant to subparagraph 

24 (B) shall be held in a special deposit account 

25 and shall be paid, on order of the Secretary, di-
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1 rectly to each individual affected. Any such 

2 sums not paid to such an individual because of 

3 inability to do so within a period of 3 years 

4 shall be deposited into the Treasury of the 

5 United States as miscellaneous receipts. 

6 ‘‘(2) LIMITATION.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), an action may be brought 

9 under this subsection not later than 2 years 

10 after the date of the last event constituting the 

11 alleged violation for which the action is brought. 

12 ‘‘(B) WILLFUL VIOLATION.—In the case of 

13 such action brought for a willful violation of 

14 subsection (f), such action may be brought 

15 within 3 years after the date of the last event 

16 constituting the alleged violation for which such 

17 action is brought. 

18 ‘‘(C) COMMENCEMENT.—In determining 

19 when an action is commenced by the Secretary 

20 under this subsection for the purposes of this 

21 paragraph, it shall be considered to be com22 menced on the date when the complaint is filed. 

23 ‘‘(3) ACTION FOR INJUNCTION BY SEC24 RETARY.—The district courts of the United States 
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1 shall have jurisdiction, for cause shown, in an action 

2 brought by the Secretary— 

3 ‘‘(A) to restrain violations of subsection 

4 (f), including the restraint of any withholding of 

5 payment of wages, salary, employment benefits, 

6 public assistance, or other compensation, plus 

7 interest, found by the court to be due to af8 fected individuals; or 

9 ‘‘(B) to award such other equitable relief 

10 as may be appropriate, including employment, 

11 reinstatement, and promotion. 

12 ‘‘(4) SOLICITOR OF LABOR.—The Solicitor of 

13 Labor may appear for and represent the Secretary 

14 on any litigation brought under this subsection. 

15 ‘‘(5) EMPLOYER LIABILITY UNDER OTHER

16 LAWS.—Nothing in this section shall be construed to 

17 limit the liability of an employer to an individual, for 

18 harm suffered relating to the individual’s experience 

19 of domestic or sexual violence, pursuant to any other 

20 Federal or State law, including a law providing for 

21 a legal remedy. 

22 ‘‘(6) LIBRARY OF CONGRESS.—Notwithstanding 

23 any other provision of this subsection, in the case of 

24 the Library of Congress, the authority of the Sec-
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1 retary under this subsection shall be exercised by the 

2 Librarian of Congress. 

3 ‘‘(7) CERTAIN PUBLIC AGENCIES.— 

4 ‘‘(A) AGENCIES.—Notwithstanding any 

5 other provision of this subsection, in the case of 

6 a public agency that employs individuals as de7 scribed in subparagraph (A) or (B) of section 

8 3(e)(2) of the Fair Labor Standards Act of 

9 1938 (29 U.S.C. 203(e)(2)) (other than an en10 tity of the legislative branch of the Federal 

11 Government), subparagraph (B) shall apply. 

12 ‘‘(B) AUTHORITY.—In the case described 

13 in subparagraph (A), the powers, remedies, and 

14 procedures provided in title 5, United States 

15 Code, to an employing agency, provided in 

16 chapter 12 of that title to the Merit Systems 

17 Protection Board, or provided in that title to 

18 any person, alleging a violation of chapter 63 of 

19 that title, shall be the powers, remedies, and 

20 procedures this chapter provides to that agency, 

21 that Board, or any person, respectively, alleging 

22 a violation of subsection (f) against an employee 

23 who is such an individual. 
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1 ‘‘SEC. 41703. EMERGENCY BENEFITS. 

2 ‘‘(a) IN GENERAL.—A State may use funds provided 

3 to the State under part A of title IV of the Social Security 

4 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short5 term emergency benefits to an individual for any period 

6 of leave the individual takes pursuant to section 41703. 

7 ‘‘(b) ELIGIBILITY.—In calculating the eligibility of an 

8 individual for such emergency benefits, the State shall 

9 count only the cash available or accessible to the indi10 vidual. 

11 ‘‘(c) TIMING.— 

12 ‘‘(1) APPLICATIONS.—An individual seeking 

13 emergency benefits under subsection (a) from a 

14 State shall submit an application to the State. 

15 ‘‘(2) BENEFITS.—The State shall provide bene16 fits to an eligible applicant under paragraph (1) on 

17 an expedited basis, and not later than 7 days after 

18 the applicant submits an application under para19 graph (1). 

20 ‘‘SEC. 41704. EFFECT ON OTHER LAWS AND EMPLOYMENT 

21 BENEFITS. 

22 ‘‘(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO23 GRAMS, AND PLANS.—Nothing in this chapter shall be 

24 construed to supersede any provision of any Federal, 

25 State, or local law, collective bargaining agreement, or em26 ployment benefits program or plan that provides— 
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1 ‘‘(1) greater leave benefits for victims of domes2 tic or sexual violence than the rights established 

3 under this chapter; or 

4 ‘‘(2) leave benefits for a larger population of 

5 victims of domestic or sexual violence (as defined in 

6 such law, agreement, program, or plan) than the vic7 tims of domestic or sexual violence covered under 

8 this chapter. 

9 ‘‘(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO10 GRAMS, AND PLANS.—The rights established for victims 

11 of domestic or sexual violence under this chapter shall not 

12 be diminished by any State or local law, collective bar13 gaining agreement, or employment benefits program or 

14 plan. 

15 ‘‘SEC. 41705. REGULATIONS AND NOTIFICATION. 

16 ‘‘(a) IN GENERAL.—Except as provided in sub17 sections (b) and (c), the Secretary shall issue regulations 

18 to carry out this chapter. The regulations shall include 

19 regulations requiring every employer to post and keep 

20 posted, in conspicuous places on the premises of the em21 ployer where notices to employees are customarily posted, 

22 a notice, to be prepared or approved by the Secretary, 

23 summarizing the provisions of this chapter and providing 

24 information on procedures for filing complaints of viola25 tions. The Secretary shall develop such a notice and pro-
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•HR 2876 IH 

1 vide copies of such notice to employers upon request with2 out charge. 

3 ‘‘(b) LIBRARY OF CONGRESS.—The Librarian of 

4 Congress shall prescribe the regulations described in sub5 section (a) with respect to employees of the Library of 

6 Congress. 

7 ‘‘(c) CERTAIN PUBLIC AGENCIES.—The head of a 

8 public agency that employs individuals as described in sub9 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

10 Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 

11 an entity of the legislative branch of the Federal Govern12 ment) shall prescribe the regulations described in sub13 section (a) with respect to those individuals.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) SOCIAL SECURITY ACT.—Section 404 of the 

16 Social Security Act (42 U.S.C. 604) is amended by 

17 adding at the end the following: 

18 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE19 FITS.—A State that receives a grant under section 403 

20 may use the grant to provide nonrecurrent short-term 

21 emergency benefits, in accordance with section 41705 of 

22 the Violence Against Women Act of 1994, to individuals 

23 who take leave pursuant to section 40404 of that Act, 

24 without regard to whether the individuals receive assist25 ance under the State program funded under this part.’’. 
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1 (2) REHABILITATION ACT AMENDMENTS OF

2 1986.—Section 1003(a)(1) of the Rehabilitation Act 

3 Amendments of 1986 (42 U.S.C. 2000d–7(a)(1)) is 

4 amended by inserting ‘‘chapter 1 of subtitle N of the 

5 Violence Against Women Act of 1994,’’ before ‘‘or 

6 the provisions’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section take effect 180 days after the date of enact9 ment of this Act. 

10 TITLE VIII—PROTECTION FOR 

11 IMMIGRANT VICTIMS OF VIO12 LENCE 

13 SEC. 800. SHORT TITLE; REFERENCES TO VAWA–2000; REGU14 LATIONS. 

15 (a) SHORT TITLE.—This title may be cited as ‘‘Im16 migrant Victims of Violence Protection Act of 2005’’. 

17 (b) REFERENCES TO VAWA–2000.—In this title, the 

18 term ‘‘VAWA–2000’’ means the Violence Against Women 

19 Act of 2000 (division B of Public Law 106–386). 

20 (c) REGULATIONS.— Not later than 180 days after 

21 the date of the enactment of this Act, the Attorney Gen22 eral, the Secretary of Homeland Security, and Secretary 

23 of State shall promulgate regulations to implement the 

24 provisions contained in the Battered Immigrant Women 
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1 Protection Act of 2000 (title V of VAWA–2000) and the 

2 amendments made by (and the provisions of) this title. 

3 Subtitle A—Victims of Crime 

4 SEC. 801. CONDITIONS APPLICABLE TO U AND T VISAS. 

5 (a) DURATION OF U AND T VISAS.— 

6 (1) U VISAS.—Section 214(p) of such Act (8 

7 U.S.C. 1184(p)) is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(6) DURATION OF STATUS.—The authorized 

10 period of status of an alien as a nonimmigrant 

11 under section 101(a)(15)(U) shall be extended on a 

12 year-by-year basis upon certification from a Federal, 

13 State or local law enforcement official, prosecutor, 

14 judge, or other Federal, State or local authority in15 vestigating or prosecuting criminal activity described 

16 in section 101(a)(15)(U)(iii) that the alien’s contin17 ued presence in the United States is required to as18 sist in the investigation or prosecution of such crimi19 nal activity.’’. 

20 (2) T VISAS.—Section 214(o) of such Act (8 

21 U.S.C. 1184(o)), as redesignated by section 8(a)(3) 

22 of the Trafficking Victims Protection Reauthoriza23 tion Act of 2003 (Public Law 108–193), is amended 

24 by adding at the end the following: 
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1 ‘‘(7) The authorized period of status of an alien as 

2 a nonimmigrant status under section 101(a)(15)(T) shall 

3 be extended on a year-by-year basis upon certification 

4 from a Federal, State or local law enforcement official, 

5 prosecutor, judge, or other Federal, State or local author6 ity investigating or prosecuting criminal activity relating 

7 to human trafficking that the alien’s continued presence 

8 in the United States is required to assist in the investiga9 tion or prosecution of such criminal activity.’’. 

10 (b) PERMITTING CHANGE OF NONIMMIGRANT STA11 TUS TO U AND T NONIMMIGRANT STATUS.— 

12 (1) IN GENERAL.—Section 248 of such Act (8 

13 U.S.C. 1258) is amended— 

14 (A) by striking ‘‘The Attorney General’’ 

15 and inserting ‘‘(a) The Secretary of Homeland 

16 Security’’; 

17 (B) by inserting ‘‘(subject to subsection 

18 (b))’’ after ‘‘except’’; and 

19 (C) by adding at the end the following new 

20 subsection: 

21 ‘‘(b) The limitation based on inadmissibility under 

22 section 212(a)(9)(B) and the exceptions specified in num23 bered paragraphs of subsection (a) shall not apply to a 

24 change of nonimmigrant classification to that of a non25 immigrant under subparagraph (T) or (U) of section 
195 

•HR 2876 IH 

1 101(a)(15), other than from such classification under sub2 paragraph (C) or (D) of such section.’’. 

3 (2) CONFORMING AMENDMENT.—Section 

4 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

5 amended by striking ‘‘248(2)’’ and inserting 

6 ‘‘248(a)(2)’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of the enactment 

9 of this Act. 

10 Subtitle B—VAWA Petitioners 

11 SEC. 811. DEFINITION OF VAWA PETITIONER. 

12 (a) IN GENERAL.—Section 101(a) of the Immigra13 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(51) The term ‘VAWA petitioner’ means an alien 

16 whose application or petition for classification or relief 

17 under any of the following provisions (whether as a prin18 cipal or as a derivative) has been filed and has not been 

19 denied after exhaustion of administrative appeals: 

20 ‘‘(A) Clause (iii) or (iv) of section 204(a)(1)(A). 

21 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

22 ‘‘(C) The first section of Public Law 89–732 

23 (commonly known as the Cuban Adjustment Act) as 

24 a child or spouse who has been battered or subjected 

25 to extreme cruelty.’’. 
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1 (b) CONFORMING AMENDMENTS.— 

2 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 

3 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 

4 ‘‘qualifies for immigrant status under subparagraph 

5 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

6 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 

7 (2) Section 212(a)(9)(C)(ii) of such Act (8 

8 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 

9 whom the Attorney General has granted classifica10 tion under clause (iii), (iv), or (v) of section 

11 204(a)(1)(A), or classification under clause (ii), (iii), 

12 or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

13 VAWA petitioner’’. 

14 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec15 tion 212 (8 U.S.C. 1182) is amended by striking 

16 ‘‘qualifies for classification under clause (iii) or (iv) 

17 of section 204(a)(1)(A) or classification under clause 

18 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting 

19 ‘‘is a VAWA petitioner’’. 

20 (4) Section 212(i)(1) of such Act (8 U.S.C. 

21 1182(i)(1)) is amended by striking ‘‘an alien granted 

22 classification under clause (iii) or (iv) of section 

23 201(a)(1)(A) or clause (ii) or (iii) of section 

24 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 
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•HR 2876 IH 

1 (5) Section 237(a)(1)(H)(ii) of such Act (8 

2 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

3 an alien who qualifies for classification under clause 

4 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 

5 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

6 VAWA petitioner’’. 

7 (6) Section 240A(b)(4)(B) of such Act (8 

8 U.S.C. 1229b(b)(4)(B)) is amended by striking 

9 ‘‘they were applications filed under section 204(a)(1) 

10 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of such Act’’ and 

11 inserting ‘‘the applicants were VAWA petitioners’’. 

12 (7) Section 245(a) of such Act (8 U.S.C. 

13 1255(a)) is amended by striking ‘‘under subpara14 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

15 204(a)(1) or’’ and inserting ‘‘as a VAWA peti16 tioner’’. 

17 (8) Section 245(c) of such Act (8 U.S.C. 

18 1255(c)) is amended by striking ‘‘under subpara19 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

20 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert21 ing ‘‘as a VAWA petitioner’’. 

22 (9) For additional conforming amendment to 

23 section 240(c)(6)(C)(iv)(I) of the Immigration and 

24 Nationality Act, see section 814(a) of this Act. 
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1 SEC. 812. SELF-PETITIONING FOR CHILDREN. 

2 (a) SELF-PETITIONING BY CHILDREN OF PARENT3 ABUSERS UPON DEATH OR OTHER TERMINATION OF

4 PARENT-CHILD RELATIONSHIP.— 

5 (1) CITIZEN PARENTS.—Section 

6 204(a)(1)(A)(iv) of the Immigration and Nationality 

7 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— 

8 (A) by striking ‘‘or who’’ and inserting 

9 ‘‘who’’; and 

10 (B) by inserting after ‘‘domestic violence,’’ 

11 the following: ‘‘or who was a child of a United 

12 States citizen parent who within the past 2 

13 years (or, if later, two years after the date the 

14 child attains 18 years of age) died or otherwise 

15 terminated the parent-child relationship,’’. 

16 (2) LAWFUL PERMANENT RESIDENT PAR17 ENTS.— 

18 (A) IN GENERAL.—Section 

19 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

20 1154(a)(1)(B)(iii)) is amended— 

21 (i) by striking ‘‘or who’’ and inserting 

22 ‘‘who’’; and 

23 (ii) by inserting after ‘‘domestic vio24 lence,’’ the following: ‘‘or who was a child 

25 of a lawful permanent resident resident 

26 who within the past 2 years (or, if later, 
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1 two years after the date the child attains 

2 18 years of age) died or otherwise termi3 nated the parent-child relationship,’’. 

4 (B) CONFORMING TREATMENT OF DE5 CEASED SPOUSES.—Section 

6 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

7 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is 

8 amended— 

9 (i) by redesignating subitems (aaa) 

10 and (bbb) as subitems (bbb) and (ccc), re11 spectively; and 

12 (ii) by inserting before subitem (bbb), 

13 as so redesignated, the following: 

14 ‘‘(aaa) whose spouse died within the past 

15 2 years;’’. 

16 (3) EFFECTIVE DATES.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), the amendment made by paragraphs 

19 (1) and (2) shall take effect on the date of the 

20 enactment of this Act. 

21 (B) TRANSITION IN CASE OF CITIZEN PAR22 ENTS WHO DIED BEFORE ENACTMENT.—In ap23 plying the amendments made by paragraphs (1) 

24 and (2)(A) in the case of an alien whose citizen 

25 parent or lawful permanent resident parent died 
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1 or whose parent-child relationship with such 

2 parent terminated during the period beginning 

3 on October 28, 1998, and ending on the date 

4 of the enactment of this Act, the following rules 

5 apply: 

6 (i) The reference to ‘‘within the past 

7 2 years’’ in section 204(a)(1)(A)(iv) or 

8 204(a)(1)(B)(iii), respectively, of the Im9 migration and Nationality Act in the mat10 ter inserted by such paragraph is deemed 

11 to be a reference to such period. 

12 (ii) The petition must be filed under 

13 such section within 2 years after the date 

14 of the enactment of this Act (or, if later, 

15 2 years after the alien’s 18th birthday). 

16 (iii) The determination of eligibility 

17 for benefits as a child under such section 

18 (including under section 204(a)(1)(D) of 

19 the Immigration and Nationality Act by 

20 reason of a petition authorized under such 

21 section) shall be determined as of the date 

22 of the death of the citizen parent or lawful 

23 permanent resident parent or the termi24 nation of the parent-child relationship. 
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1 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

2 AGING OUT.— 

3 (1) CLARIFICATION REGARDING CONTINUATION

4 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

5 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi6 gration and Nationality Act (8 U.S.C. 

7 1154(a)(1)(D)(i)(I)) is amended— 

8 (A) by striking ‘‘clause (iv) of section 

9 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

10 (A)(iv)’’; and 

11 (B) by striking ‘‘a petitioner for preference 

12 status under paragraph (1), (2), or (3) of sec13 tion 203(a), whichever paragraph is applicable’’ 

14 and inserting ‘‘to continue to be treated as an 

15 immediate relative under section 

16 101(b)(2)(A)(i), or a petitioner for preference 

17 status under section 203(a)(3) if subsequently 

18 married,’’. 

19 (2) CLARIFICATION REGARDING APPLICATION

20 TO CHILDREN OF LAWFUL PERMANENT RESI21 DENTS.—Section 204(a)(1)(D)(i)(I) of such Act (8 

22 U.S.C. 1154(a)(1)(D)(i)(I)) is amended — 

23 (A) by inserting after the first sentence the 

24 following new sentence: ‘‘Any child who attains 

25 21 years of age who has filed a petition under 
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1 subparagraph (B)(iii) that was filed or ap2 proved before the date on which the child at3 tained 21 year of age shall be considered (if the 

4 child has not been admitted or approved for 

5 lawful permanent residence by the date the 

6 child attained 21 years of age) a petitioner for 

7 preference status under section 203(a)(2), with 

8 the same priority date assigned to the self-peti9 tion filed under such subparagraph.’’; and 

10 (B) in the last sentence, by inserting ‘‘in 

11 either such case’’ after ‘‘shall be required to be 

12 filed’’. 

13 (3) CLARIFICATION OF TREATMENT OF DERIVA14 TIVE CHILDREN.—Section 204(a)(1)(D) of such Act 

15 is further amended by striking subclauses (III) and 

16 (IV) of clause (i) and by striking clause (ii) and in17 serting the following: 

18 ‘‘(ii) Subclauses (I) and (II) of clause (i) also shall 

19 apply to a derivative child under subparagraph (A)(iii) or 

20 (A)(iv), or under subparagraph (B)(ii) or (B)(iii), who at21 tains 21 years of age in the same manner as such sub22 clauses apply to a principal petitioner under subparagraph 

23 (A)(iv), or subparagraph (B)(iii), respectively.’’. 

24 (4) CLARIFICATION REGARDING APPLICATION

25 OF CSPA PROTECTIONS TO CHILDREN OF CITI-
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1 ZENS.—Section 201(f) of such Act (8 U.S.C. 

2 1151(f)) is amended by adding at the end the fol3 lowing new paragraph: 

4 ‘‘(4) APPLICATION TO CERTAIN VAWA PETI5 TIONERS.—Paragraphs (1) through (3) apply to a 

6 petitioner described in clause (iii) or (iv) of section 

7 204(a)(1)(A). ’’. 

8 (5) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply to applications filed 

10 before, on, or after the date of the enactment of 

11 VAWA–2000, except that the amendment made by 

12 paragraph (4) shall apply as if included in the enact13 ment of the Child Status Protection Act (Public Law 

14 107–208). 

15 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

16 APPLICATION FOR DERIVATIVE CHILDREN.— 

17 (1) IN GENERAL.—Section 204(a)(1)(A) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1154(a)(1)(A)) is amended by adding at the end the 

20 following new clause: 

21 ‘‘(vii) In the case of a petition under clause (ii), (iii), 

22 or (iv) that includes an individual as a derivative child of 

23 a principal alien, no adjustment application other than the 

24 adjustment application of the principal alien shall be re-
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1 quired for adjustment of status of the individual under 

2 subsection (a) or (c) of section 245.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on the date of the 

5 enactment of this Act and shall apply to applications 

6 filed before, on, or after such date. 

7 SEC. 813. ACCESS TO VAWA PROTECTION FOR CHILDREN 

8 OF ASYLUM APPLICANTS UNDER ADJUST9 MENT PROVISIONS. 

10 (a) IN GENERAL.—Section 209(b)(3) of the Immi11 gration and Nationality Act (8 U.S.C. 1159(b)(3)) is 

12 amended— 

13 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(B) was the spouse of a refugee within the 

16 meaning of section 101(a)(42)(A) at the time the 

17 asylum application was granted and who was bat18 tered or was the subject of extreme cruelty per19 petrated by such refugee or whose child was battered 

20 or subjected to extreme cruelty by such refugee 

21 (without the active participation of such spouse in 

22 the battery or cruelty), or 

23 ‘‘(C) was the child of a refugee within the 

24 meaning of section 101(a)(42)(A) at the time of the 

25 filing of the asylum application and who was bat-
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1 tered or was the subject of extreme cruelty per2 petrated by such refugee,’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and— 

6 (1) section 209(b)(3)(B) of the Immigration 

7 and Nationality Act, as added by subsection (a)(2), 

8 shall apply to asylum applications granted before, 

9 on, or after such date; and 

10 (2) section 209(b)(3)(C) of such Act, as so 

11 added, shall apply with respect to asylum applica12 tions filed before, on, or after such date. 

13 SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER APPLI14 CATIONS FOR ADJUSTMENTS OF STATUS. 

15 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

16 VAWA PETITIONERS.—Section 240(c)(6)(C)(iv) of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1230(c)(6)(C)(iv)) is amended — 

19 (1) in subclause (I), by striking ‘‘under clause 

20 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 

21 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 

22 VAWA petitioner’’; and 

23 (2) in subclause (II), by inserting ‘‘or adjust24 ment of status’’ after ‘‘cancellation of removal’’. 
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1 (b) PETITIONING RIGHTS OF CERTAIN FORMER

2 SPOUSES UNDER CUBAN ADJUSTMENT.— 

3 (1) IN GENERAL.—The first section of Public 

4 Law 89–732 (8 U.S.C. 1255 note) is amended— 

5 (A) in the last sentence, by striking 

6 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 

7 and 

8 (B) by adding at the end the following: 

9 ‘‘An alien who was the spouse of any Cuban 

10 alien described in this section and has resided 

11 with such spouse shall continue to be treated as 

12 such a spouse for 2 years after the date on 

13 which the Cuban alien dies (or, if later, 2 years 

14 after the date of enactment of Violence Against 

15 Women Act of 2005), or for 2 years after the 

16 date of termination of the marriage (or, if later, 

17 2 years after the date of enactment of Violence 

18 Against Women Act of 2005) if the alien dem19 onstrates a connection between the termination 

20 of the marriage and the battering or extreme 

21 cruelty by the Cuban alien.’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1)(A) shall take effect as if included 

24 in the enactment of VAWA–2000. 
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1 (c) EFFECTIVE DATE.—Except as otherwise provided 

2 in this section, the amendments made by this section shall 

3 take effect on the date of the enactment of this Act. 

4 SEC. 815. CLARIFICATION OF ACCESS TO NATURALIZATION 

5 FOR VICTIMS OF DOMESTIC VIOLENCE. 

6 (a) IN GENERAL.—Section 319(a) of the Immigra7 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

8 by inserting after ‘‘extreme cruelty by a United States cit9 izen spouse or parent’’ the following: ‘‘, regardless of 

10 whether the lawful permanent resident status was ob11 tained on the basis of such battery or cruelty’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall take effect on the date of the enact14 ment of this Act and shall apply to applications for natu15 ralization filed before, on, or after the date of the enact16 ment of this Act. 

17 SEC. 816. PROHIBITION OF ADVERSE DETERMINATIONS OF 

18 ADMISSIBILITY OR DEPORTABILITY BASED 

19 ON PROTECTED INFORMATION. 

20 (a) APPLICATION TO ADDITIONAL DEPARTMENTS

21 AND OTHER BATTERED ALIENS.—Section 384 of the Ille22 gal Immigration Reform and Immigrant Responsibility 

23 Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 

24 1367) is amended— 
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1 (1) in subsection (a), as amended by section 

2 1513(d) of VAWA–2000— 

3 (A) in the matter before paragraph (1), by 

4 striking ‘‘(including any bureau or agency of 

5 such Department)’’ and inserting ‘‘, or the Sec6 retary of Homeland Security, the Secretary of 

7 State, the Secretary of Health and Human 

8 Services, or the Secretary of Labor or any other 

9 official or employee of the Department of 

10 Homeland Security, the Department of State, 

11 the Department of Health and Human Services, 

12 or the Department of Labor (including any bu13 reau or agency of any such Department)’’; 

14 (B) in paragraph (1)— 

15 (i) in the matter before subparagraph 

16 (A), by striking ‘‘furnished solely by’’ and 

17 inserting ‘‘furnished by or derived from in18 formation provided solely by’’; 

19 (ii) by striking ‘‘or’’ at the end of sub20 paragraph (D); 

21 (iii) by adding ‘‘or’’ at the end of sub22 paragraph (E); 

23 (iv) by inserting after subparagraph 

24 (E) the following new subparagraph: 
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1 ‘‘(F) in the case of an alien applying for 

2 continued presence as a victim of trafficking 

3 under section 107(b)(1)(E)(i)(II)(bb) of the 

4 Trafficking Protection Act of 2000 or status 

5 under section 101(a)(15)(T) of the Immigration 

6 and Nationality Act, the trafficker or perpe7 trator,’’; and 

8 (v) by striking ‘‘or’’ at the end; 

9 (C) in paragraph (2)— 

10 (i) by striking ‘‘of the Department,’’ 

11 and inserting ‘‘of any such Department,’’; 

12 (ii) by striking ‘‘under clause (iii) or 

13 (iv) of section 204(a)(1)(A), clause (ii) or 

14 (iii) of section 204(a)(1)(B)’’ and inserting 

15 ‘‘as a VAWA petitioner (as defined in sec16 tion 101(a)(51) of the Immigration and 

17 Nationality Act), or under’’; and 

18 (iii) by striking ‘‘or section 

19 240A(a)(3) of such Act as an alien (or the 

20 part of a child) who has been battered or 

21 subjected to extreme cruelty.’’ and insert22 ing the following: ‘‘, section 101(a)(15)(T), 

23 or section 240A(b)(2) of such Act, or sec24 tion 244(a)(3) of such Act (as in effect on 

25 March 31, 1997), or for continued pres-
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1 ence as a victim of trafficking under sec2 tion 107(b)(1)(E)(i)(II)(bb) of the Traf3 ficking Protection Act of 2000, or any de4 rivative of the alien;’’; and 

5 (iv) by striking the period at the end 

6 and inserting ‘‘; or’’; and 

7 (D) by inserting after paragraph (2) the 

8 following new paragraph: 

9 ‘‘(3) in the case of an alien described in section 

10 101(a)(27)(J) of the Immigration and Nationality 

11 Act who has been abused, neglected, or abandoned, 

12 contact the alleged abuser (or family member of the 

13 alleged abuser) at any stage of applying for special 

14 immigrant juvenile status, including after a request 

15 for the consent of the Secretary of Homeland Secu16 rity under clause (iii)(I) of such section.’’; and 

17 (2) in subsection (b)— 

18 (A) in paragraphs (1), by striking ‘‘may 

19 provide, in the Attorney General’s discretion’’ 

20 and inserting ‘‘, Secretary of Homeland Secu21 rity, Secretary of State, Secretary of Health 

22 and Human Services, and Secretary of Labor 

23 may provide’’; 

24 (B) in paragraph (2), by striking ‘‘may 

25 provide in the discretion of the Attorney Gen-
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1 eral’’ and inserting ‘‘, Secretary of Homeland 

2 Security, Secretary of State, Secretary of 

3 Health and Human Services, and the Secretary 

4 of Labor may provide’’; and 

5 (C) in paragraph (5), by striking ‘‘is au6 thorized to disclose’’ and inserting ‘‘, Secretary 

7 of Homeland Security, Secretary of State, Sec8 retary of Health and Human Services, and Sec9 retary of Labor, or Attorney General may dis10 close’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act and shall apply to violations or disclo14 sures made on or after such date. 

15 Subtitle C—Miscellaneous 

16 Provisions 

17 SEC. 831. REMOVING 2 YEAR CUSTODY REQUIREMENT FOR 

18 BATTERED ADOPTED CHILDREN. 

19 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 

22 two years’’ the following: ‘‘or if the child has been battered 

23 or subject to extreme cruelty by the adopting parent or 

24 by a family member of the adopting parent residing in 

25 the same household’’. 
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1 (b) CONFORMING NATURALIZATION AMENDMENT.— 

2 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 

3 amended by inserting before the period at the end the fol4 lowing: ‘‘or the child is residing in the United States pur5 suant to a lawful admission for permanent residence and 

6 has been battered or subject to extreme cruelty by the cit7 izen parent or by a family member of the citizen parent 

8 residing in the same household ’’ 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of the enactment 

11 of this Act and shall apply to applications pending or filed 

12 on or after such date. 

13 SEC. 832. GROUNDS FOR HARDSHIP WAIVER FOR CONDI14 TIONAL PERMANENT RESIDENCE FOR IN15 TENDED SPOUSES. 

16 (a) IN GENERAL.—Section 216(c)(4) of the Immigra17 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend18 ed— 

19 (1) by striking ‘‘or’’ at the end of subparagraph 

20 (B); 

21 (2) by striking the period at the end of sub22 paragraph (C) and inserting ‘‘, or’’; and 

23 (3) by inserting after subparagraph (C) the fol24 lowing new subparagraph: 
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1 ‘‘(D) the alien meets the requirements 

2 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

3 following the marriage ceremony has been bat4 tered by or was subject to extreme cruelty per5 petrated by his or her intended spouse and was 

6 not at fault in failing to meet the requirements 

7 of paragraph (1).’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 subsection (a) shall apply as if included in the enactment 

10 of VAWA–2000. 

11 SEC. 833. MOTIONS TO REOPEN. 

12 (a) REMOVAL PROCEEDINGS.— 

13 (1) IN GENERAL.—Section 240(c)(6) of the Im14 migration and Nationality Act (8 U.S.C. 1230(c)(6)) 

15 is amended— 

16 (A) in subparagraph (A), by inserting ‘‘, 

17 except that this limitation shall not apply so as 

18 to prevent the filing of one motion to reopen de19 scribed in clause (iv)’’ before the period at the 

20 end; 

21 (B) in subparagraph (C)(iv), in the matter 

22 before subclause (I), by striking ‘‘The deadline 

23 specified in subsection (b)(5)(C) for filing a mo24 tion to reopen does not apply’’ and inserting 

25 ‘‘Any limitation under this section on the dead-
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1 lines for filing such motions shall not apply’’; 

2 and 

3 (C) in subparagraph (C)(iv), by adding 

4 after and below subclause (III) the following 

5 new sentence: 

6 ‘‘The filing of a motion to reopen under 

7 this clause shall stay the removal of the 

8 alien pending final disposition of the mo9 tion including exhaustion of all appeals if 

10 the motion establishes a prima facie case 

11 for the relief applied for.’’. 

12 (2) EFFECTIVE DATE.—The amendments made 

13 by paragraph (1) shall take effect on the date of the 

14 enactment of this Act. 

15 (b) DEPORTATION PROCEEDINGS.— 

16 (1) IN GENERAL.—Section 1506(c)(2)(A) of 

17 VAWA–2000 is amended— 

18 (A) in the matter before clause (i), by 

19 striking ‘‘Notwithstanding any limitation im20 posed by law on motions’’ inserting ‘‘Notwith21 standing any limitation on the number of mo22 tions, or the deadlines for filing motions (in23 cluding the deadline specified in section 

24 242B(c)(3) of the Immigration and Nationality 

25 Act before the title III–A effective date),’’; 
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1 (B) in the matter before clause (i), by 

2 striking ‘‘there is no time limit on the filing of 

3 a motion’’ and all that follows through ‘‘does 

4 not apply’’ and inserting ‘‘such limitations shall 

5 not apply to the filing of a single motion under 

6 this subparagraph to reopen such proceedings’’; 

7 and 

8 (C) by adding at the end the following: 

9 ‘‘The filing of a motion under this subpara10 graph shall stay the removal of the alien pend11 ing a final disposition of the motion including 

12 the exhaustion of all appeals if the motion es13 tablishes a prima facie case for the relief ap14 plied for.’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by paragraph (1) shall take effect on the date of the 

17 enactment of this Act . 

18 SEC. 834. TREATMENT OF BATTERY OR EXTREME CRUELTY 

19 AS EXCEPTIONAL CIRCUMSTANCES FOR FAIL20 URE TO APPEAR AT REMOVAL PROCEEDINGS. 

21 (a) IN GENERAL.—Section 240(e)(1) of such Act (8 

22 U.S.C. 1230(e)(1)) is amended by inserting ‘‘battery or 

23 extreme cruelty of the alien or any child or parent of the 

24 alien or’’ after ‘‘exceptional circumstances (such as’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to a failure to appear 

4 that occurs before, on, or after such date. 

5 TITLE IX—SAFETY FOR INDIAN 

6 WOMEN 

7 SEC. 901. PURPOSES. 

8 The purposes of this title are— 

9 (1) to decrease the incidence of violent crimes 

10 against Indian women; 

11 (2) to strengthen the capacity of Indian tribes 

12 to exercise their sovereign authority to respond to 

13 violent crimes committed against Indian women 

14 under their jurisdiction; and 

15 (3) to ensure that perpetrators of violent crimes 

16 committed against Indian women are held account17 able for their criminal behavior. 

18 SEC. 902. CONSULTATION. 

19 (a) IN GENERAL.—The Secretary of the Interior and 

20 the Attorney General shall each conduct annual consulta21 tions with Indian tribal governments concerning the Fed22 eral administration of tribal funds and programs estab23 lished under the Violence Against Women Act of 1994 

24 (title IV of Public Law 103–322; 108 Stat. 1902) and the 

25 Violence Against Women Act of 2000 (division B of Public 
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•HR 2876 IH 

1 Law 106–386; 114 Stat. 1491), including consultation 

2 concerning— 

3 (1) the timeliness of the Federal grant applica4 tion and award processes; 

5 (2) the amounts awarded under each program 

6 directly to tribal governments, tribal organizations, 

7 and tribal nonprofit organizations; 

8 (3) determinations not to award grant funds; 

9 (4) grant awards made in violation of the eligi10 bility guidelines to a nontribal entity; and 

11 (5) technical assistance grants for tribal grant 

12 programs or programs addressing the safety of In13 dian women. 

14 (b) RECOMMENDATIONS.—During consultations 

15 under subsection (a), the Secretary and the Attorney Gen16 eral shall solicit recommendations from Indian tribes con17 cerning— 

18 (1) administering tribal funds and programs; 

19 (2) enhancing the safety of Indian women from 

20 domestic violence, dating violence, sexual assault, 

21 and stalking; and 

22 (3) strengthening the Federal response to such 

23 violent crimes. 
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1 SEC. 903. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

2 INDIAN WOMEN. 

3 (a) NATIONAL BASELINE STUDY.— 

4 (1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Office on Violence 

6 Against Women, shall conduct a national baseline 

7 study to examine violence against Indian women. 

8 (2) SCOPE.— 

9 (A) IN GENERAL.—The study shall exam10 ine violence committed against Indian women, 

11 including— 

12 (i) domestic violence; 

13 (ii) dating violence; 

14 (iii) sexual assault; 

15 (iv) stalking; and 

16 (v) murder. 

17 (B) EVALUATION.—The study shall evalu18 ate the effectiveness of Federal, State, tribal, 

19 and local responses to the violations described 

20 in subparagraph (A) committed against Indian 

21 women. 

22 (3) TASK FORCE.— 

23 (A) IN GENERAL.—The Attorney General, 

24 acting through the Director of the Office on Vi25 olence Against Women, shall establish a task 
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1 force to assist in the development and imple2 mentation of the study under paragraph (1). 

3 (B) MEMBERS.—The Director shall ap4 point to the task force representatives from— 

5 (i) national tribal domestic violence 

6 and sexual assault nonprofit organizations; 

7 (ii) tribal governments; and 

8 (iii) the National Congress of Amer9 ican Indians. 

10 (4) REPORT.—Not later than 2 years after the 

11 date of enactment of this Act, the Attorney General 

12 shall submit to the Committee on Indian Affairs of 

13 the Senate, the Committee on the Judiciary of the 

14 Senate, and the Committee on the Judiciary of the 

15 House of Representatives a report that describes the 

16 findings made in the study. 

17 (5) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this section $1,000,000 for each of fiscal years 2006 

20 and 2007, to remain available until expended. 

21 (b) INJURY STUDY.— 

22 (1) IN GENERAL.—The Secretary of Health and 

23 Human Services, acting through the Indian Health 

24 Service and the Injury Control Division of the Cen-
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1 ters for Disease Control and Prevention, shall con2 duct a study to obtain a national projection of— 

3 (A) the incidence of injuries and homicides 

4 resulting from domestic violence, dating vio5 lence, sexual assault, or stalking committed 

6 against American Indian and Alaska Native 

7 women; and 

8 (B) the cost of providing health care for 

9 the injuries described in subparagraph (A). 

10 (2) REPORT.—Not later than 2 years after the 

11 date of enactment of this Act, the Secretary of 

12 Health and Human Services shall submit to the 

13 Committee on Indian Affairs of the Senate, the 

14 Committee on the Judiciary of the Senate, and the 

15 Committee on the Judiciary of the House of Rep16 resentatives a report that describes the findings 

17 made in the study and recommends health care 

18 strategies for reducing the incidence and cost of the 

19 injuries described in paragraph (1). 

20 (3) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to carry out 

22 this section $500,000 for each of fiscal years 2006 

23 and 2007, to remain available until expended. 
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1 SEC. 904. TRACKING OF VIOLENCE AGAINST INDIAN 

2 WOMEN. 

3 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

4 DATABASES.—Section 534 of title 28, United States Code, 

5 is amended— 

6 (1) by redesignating subsection (d) as sub7 section (e); and 

8 (2) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

11 Attorney General shall permit Indian law enforcement 

12 agencies, in cases of domestic violence, dating violence, 

13 sexual assault, and stalking, to enter information into 

14 Federal criminal information databases and to obtain in15 formation from the databases, including information relat16 ing to— 

17 ‘‘(1) identification records; 

18 ‘‘(2) criminal history records; 

19 ‘‘(3) protection orders; and 

20 ‘‘(4) wanted person records.’’. 

21 (b) TRIBAL REGISTRY.— 

22 (1) ESTABLISHMENT.—The Attorney General 

23 shall contract with any interested Indian tribe, tribal 

24 organization, or tribal nonprofit organization to de25 velop and maintain— 
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1 (A) a national tribal sex offender registry; 

2 and 

3 (B) a tribal protection order registry con4 taining civil and criminal orders of protection 

5 issued by Indian tribes and participating juris6 dictions. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

9 this section $1,000,000 for each of fiscal years 2006 

10 through 2010, to remain available until expended. 

11 SEC. 905. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE 

12 AGAINST WOMEN. 

13 Part T of title I of the Omnibus Crime Control and 

14 Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 

15 amended by adding at the end the following: 

16 ‘‘SEC. 2007. TRIBAL DIVISION. 

17 ‘‘(a) IN GENERAL.—The Director of the Office on Vi18 olence Against Women shall designate one or more em19 ployees to be responsible for— 

20 ‘‘(1) overseeing and managing the administra21 tion of grants to and contracts with Indian tribes, 

22 tribal courts, tribal organizations, tribal nonprofit 

23 organizations and the territories; 

24 ‘‘(2) ensuring that, if a grant under the Act or 

25 a contract pursuant to such a grant is made to an 
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1 organization to perform services that benefit more 

2 than one Indian tribe, the approval of each Indian 

3 tribe to be benefited shall be a prerequisite to the 

4 making of the grant or letting of the contract; 

5 ‘‘(3) assisting in the development of Federal 

6 policy, protocols, and guidelines on matters relating 

7 to violence against Indian women; 

8 ‘‘(4) advising the Director of the Office on Vio9 lence Against Women concerning policies, legislation, 

10 implementation of laws, and other issues relating to 

11 violence against Indian women; 

12 ‘‘(5) representing the Office on Violence 

13 Against Women in the annual consultations under 

14 section 905; 

15 ‘‘(6) providing assistance to the Department of 

16 Justice to develop policy and to enforce Federal law 

17 relating to violence against Indian women; 

18 ‘‘(7) maintaining a liaison with the judicial 

19 branches of Federal, State and tribal governments 

20 on matters relating to violence against Indian 

21 women; and 

22 ‘‘(8) ensuring that adequate tribal technical as23 sistance is made available to Indian tribes, tribal 

24 courts, tribal organizations, and tribal nonprofit or-
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1 ganizations for all programs relating to violence 

2 against Indian women. 

3 ‘‘(b) AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—The Director shall ensure 

5 that a portion of the tribal set-aside funds from any 

6 grant awarded under the Violence Against Women 

7 Act of 1994 (title IV of Public Law 103–322; 108 

8 Stat. 1902) or the Violence Against Women Act of 

9 2000 (division B of Public Law 106–386; 114 Stat. 

10 1491) is used to enhance the capacity of Indian 

11 tribes to address the safety of Indian women. 

12 ‘‘(2) ACCOUNTABILITY.—The Director shall en13 sure that some portion of the tribal set-aside funds 

14 from any grant made under this part is used to hold 

15 offenders accountable through— 

16 ‘‘(A) enhancement to the response of In17 dian tribes to crimes of domestic violence, dat18 ing violence, sexual assault, and stalking 

19 against Indian women, including legal services 

20 for victims and Indian-specific offender pro21 grams; 

22 ‘‘(B) development and maintenance of trib23 al domestic violence shelters or programs for 

24 battered Indian women, including sexual assault 
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1 services, that are based upon the unique cir2 cumstances of the Indian women to be served; 

3 ‘‘(C) development of tribal educational 

4 awareness programs and materials; 

5 ‘‘(D) support for customary tribal activities 

6 to strengthen the intolerance of an Indian tribe 

7 to violence against Indian women; and 

8 ‘‘(E) development, implementation, and 

9 maintenance of tribal electronic databases for 

10 tribal protection order registries.’’. 

Æ