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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3171 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3171

         To reauthorize the Violence Against Women Act of 1994.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

Ms. Zoe Lofgren of California (for herself, Ms. Pelosi, Ms. Solis, Mrs. 
Capps, Ms. Schakowsky, Ms. Roybal-Allard, Ms. Slaughter, Mrs. Maloney, 
  Ms. Jackson-Lee of Texas, Ms. Moore of Wisconsin, Mr. Conyers, Mr. 
 Rangel, Mr. Frank of Massachusetts, Mr. George Miller of California, 
    Mr. Dingell, Mr. Berman, Mr. Boucher, Mr. Nadler, Mr. Scott of 
 Virginia, Mr. Watt, Ms. Waters, Mr. Meehan, Mr. Delahunt, Mr. Wexler, 
  Mr. Weiner, Mr. Schiff, Ms. Linda T. Sanchez of California, Mr. Van 
Hollen, Ms. Wasserman Schultz, Mr. Waxman, Mr. Grijalva, Mr. Hinojosa, 
 Ms. Matsui, Mr. Pallone, Mr. Filner, Mr. Butterfield, Mr. Pastor, Mr. 
 Bishop of Georgia, Mr. McDermott, Ms. Millender-McDonald, Mrs. Lowey, 
  Mr. Honda, Mrs. Napolitano, Mr. Neal of Massachusetts, Mr. Boswell, 
   Mrs. Jones of Ohio, Ms. Lee, Mr. Case, Mr. Dicks, Ms. Norton, Ms. 
  Kilpatrick of Michigan, Mr. Costa, Mr. Kennedy of Rhode Island, Mr. 
Gutierrez, Mr. Olver, Mr. Owens, Mr. Payne, Mr. Brady of Pennsylvania, 
  Mr. Meeks of New York, Ms. Woolsey, Mr. Sanders, Mr. Hinchey, Mrs. 
     McCarthy, Mr. Stark, Mr. McNulty, Ms. Watson, Ms. McCollum of 
Minnesota, Ms. Baldwin, Mr. Moran of Virginia, Mr. Higgins, Mr. Inslee, 
Mr. Holt, Ms. Carson, Mrs. Tauscher, Mr. Markey, Ms. DeLauro, Mr. Wynn, 
 Mr. Ackerman, Mr. Kildee, Mr. Larson of Connecticut, Mr. Cuellar, Mr. 
   McGovern, Ms. Herseth, Mr. Peterson of Minnesota, Mr. Evans, Mr. 
 Cummings, Mr. Oberstar, Mr. Clay, Ms. Loretta Sanchez of California, 
    Ms. Eshoo, Ms. Corrine Brown of Florida, Mrs. Christensen, Mr. 
  Lipinski, Mr. Moore of Kansas, Ms. Berkley, Ms. Bordallo, Mr. Gene 
Green of Texas, Ms. DeGette, Ms. McKinney, Mr. Emanuel, Ms. Harman, Mr. 
  Abercrombie, Mr. Crowley, Mr. Lewis of Georgia, Ms. Velazquez, Ms. 
 Eddie Bernice Johnson of Texas, Mrs. Davis of California, Ms. Kaptur, 
  Ms. Schwartz of Pennsylvania, Ms. Bean, Ms. Hooley, Mr. Lantos, Mr. 
  Blumenauer, Mr. Price of North Carolina, and Mr. Davis of Illinois) 
 introduced the following bill; which was referred to the Committee on 
    the Judiciary, and in addition to the Committees on Energy and 
   Commerce, Education and the Workforce, Ways and Means, Financial 
 Services, and Agriculture, 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``VAWA 2005 Reauthorization Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
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. Domestic violence courts assistance.
Sec. 106. Full faith and credit improvements.
Sec. 107. Privacy protections for victims of domestic violence, dating 
                            violence, sexual violence, and stalking.
Sec. 108. Stalker database.
Sec. 109. Victim assistants for District of Columbia.
Sec. 110. Preventing cyberstalking.
Sec. 111. Repeat offender provision.
Sec. 112. Prohibiting dating violence.
Sec. 113. Preventing attacks from phony police and public officials.
Sec. 114. DNA database for violent predators against minor girls and 
                            women.
 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. Domestic violence prevention, education, and awareness.
   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.
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. Short title.
Sec. 702. Findings.
Sec. 703. Definitions.
 Subtitle A--Entitlement to Emergency Leave for Addressing Domestic or 
                            Sexual Violence

Sec. 711. Purposes.
Sec. 712. Entitlement to emergency leave for addressing domestic or 
                            sexual violence.
Sec. 713. Existing leave usable for addressing domestic or sexual 
                            violence.
Sec. 714. Emergency benefits.
Sec. 715. Effect on other laws and employment benefits.
Sec. 716. Conforming amendment.
Sec. 717. Effective date.
  Subtitle B--Entitlement to Unemployment Compensation for Victims of 
    Domestic Violence, Dating Violence, Sexual Assault, or Stalking

Sec. 721. Purposes.
Sec. 722. Unemployment compensation and training provisions.
             Subtitle C--Victims' Employment Sustainability

Sec. 731. Short title.
Sec. 732. Purposes.
Sec. 733. Prohibited discriminatory acts.
Sec. 734. Enforcement.
Sec. 735. Attorney's fees.
           Subtitle D--Victims of Abuse Insurance Protection

Sec. 741. Short title.
Sec. 742. Definitions.
Sec. 743. Discriminatory acts prohibited.
Sec. 744. Insurance protocols for subjects of abuse.
Sec. 745. Reasons for adverse actions.
Sec. 746. Life insurance.
Sec. 747. Subrogation without consent prohibited.
Sec. 748. Enforcement.
Sec. 749. Effective date.
 Subtitle E--National Clearinghouse on Domestic and Sexual Violence in 
                          the Workplace Grant

Sec. 751. National clearinghouse on domestic and sexual violence in the 
                            workplace grant.
                        Subtitle F--Severability

Sec. 761. Severability.
        TITLE VIII--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

Sec. 801. Short title; references to VAWA-2000; regulations.
                  Subtitle A--Immigration Protections

                        Part 1--Victims of Crime

Sec. 811. Conditions applicable to U and T visas.
Sec. 812. Clarification of basis for relief under hardship waivers for 
                            conditional permanent residence.
Sec. 813. Adjustment of status for victims of trafficking.
                        Part 2--VAWA Petitioners

Sec. 821. Definition of VAWA petitioner.
Sec. 822. Self-petitioning for children.
Sec. 823. Self-petitioning parents.
Sec. 824. Promoting consistency in VAWA adjudications.
Sec. 825. Relief for certain victims pending actions on petitions and 
                            applications for relief.
Sec. 826. Access to VAWA protection regardless of manner of entry.
Sec. 827. Eliminating abusers' control over applications for 
                            adjustments of status.
Sec. 828. Parole for VAWA petitioners and derivatives.
Sec. 829. Exemption of victims of domestic violence, sexual assault and 
                            trafficking from sanctions for failure to 
                            depart voluntarily.
Sec. 830. Clarification of access to naturalization for victims of 
                            domestic violence.
Sec. 831. Consolidating adjudication of VAWA cases in VAWA unit.
Sec. 832. Prohibition of adverse determinations of admissibility or 
                            deportability based on protected 
                            information.
                    Part 3--Miscellaneous Provisions

Sec. 841. Removing 2 year custody and residency requirement for 
                            battered adopted children.
Sec. 842. Waiver of certain grounds of inadmissibility for VAWA 
                            petitioners.
Sec. 843. Treatment of good moral character.
Sec. 844. Employment authorization for battered spouses of H-1B visa 
                            holders.
Sec. 845. Grounds for hardship waiver for conditional permanent 
                            residence for intended spouses.
Sec. 846. Cancellation of removal.
Sec. 847. Motions to reopen.
Sec. 848. Removal proceedings.
Sec. 849. Conforming relief in suspension of deportation parallel to 
                            the relief available in VAWA-2000 
                            cancellation for bigamy.
Sec. 850. Correction of cross-reference to credible evidence 
                            provisions.
Sec. 851. Technical corrections.
                   Subtitle B--Additional Protections

         Part 1--Ensuring Crime Victim Access to Legal Services

Sec. 861. Ensuring crime victim access to legal services.
  Part 2--Eligibility for Certain Public Benefits of Aliens Suffering 
                          From Domestic Abuse

Sec. 871. Eligibility for certain public benefits of aliens suffering 
                            from domestic abuse.
                Part 3--Law Enforcement Training Grants

Sec. 881. Grants for law enforcement training programs to identify and 
                            protect victims of trafficking.
                   TITLE IX--SAFETY FOR INDIAN WOMEN

Sec. 901. Purposes.
Sec. 902. Consultation.
Sec. 903. Analysis and research on violence against Indian women.
Sec. 904. Tracking of violence against Indian women.
Sec. 905. Tribal Division of the Office on Violence Against Women.
                  TITLE X--BEST HELP FOR RAPE VICTIMS

Sec. 1001. Short title.
Sec. 1002. Required element of national protocol for sexual assault 
                            medical forensic examinations.
       TITLE XI--INCREASED PROTECTION FOR VICTIMS OF TRAFFICKING

Sec. 1101. Protection of children from trafficking in persons.
Sec. 1102. Creation of nonimmigrant visa to protect aliens who file 
                            complaints of abuse against their former 
                            employers.
Sec. 1103. Protection for victims who are trafficked by persons with 
                            diplomatic immunity.
Sec. 1104. Lowering the bar for adjustment of status.
Sec. 1105. Allowing for renewal of T visas.
Sec. 1106. Allowing for resettlement to the united states of trafficked 
                            persons who are identified in countries 
                            that are unable or unwilling to offer 
                            adequate protection to the victim.
Sec. 1107. Access to counsel.
Sec. 1108. Requirement to permit continued presence in the United 
                            States.
Sec. 1109. Additional duties of the Senior Policy Operating Group.
Sec. 1110. Authorizations of appropriations.
Sec. 1111. Special Unit to Investigate Trafficking in Persons within 
                            Bureau of Immigration and Customs 
                            Enforcement of the Department of Homeland 
                            Security.
Sec. 1112. Assistance from United States diplomatic and consular posts.
Sec. 1113. Mechanisms to prevent trafficking and provide protection and 
                            assistance for victims of trafficking.
Sec. 1114. Longer statute of limitation for slavery-related offenses.

SEC. 3. GRANT PROVISIONS FOR VIOLENCE AGAINST WOMEN ACT OF 1994.

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is 
amended by adding after section 40001 the following:

``SEC. 40002. GRANT PROVISIONS.

    ``(a) Grant Conditions.--
            ``(1) Nondisclosure of confidential or private 
        information.--
                    ``(A) In general.--In order to ensure the safety of 
                adult and minor victims of domestic violence, dating 
                violence, sexual assault, or stalking, and their 
                families, grantee and subgrantees under this title 
                shall reasonably protect the confidentiality and 
                privacy of persons receiving services.
                    ``(B) Nondisclosure.--Subject to subparagraph (C), 
                grantees and subgrantees should not--
                            ``(i) disclose any personally identifying 
                        information or individual information collected 
                        in connection with services requested, 
                        utilized, or denied through grantees' and 
                        subgrantees' programs; or
                            ``(ii) reveal individual client information 
                        without the informed, written, reasonably time-
                        limited consent of the person (or in the case 
                        of an unemancipated minor, the minor and the 
                        parent or guardian or in the case of persons 
                        with disabilities, the guardian) about whom 
                        information is sought, whether for this program 
                        or any other Federal, State, tribal, or 
                        territorial grant program.
                    ``(C) Release.--If release of information described 
                in subparagraph (B) is compelled by statutory or court 
                mandate--
                            ``(i) grantees and subgrantees shall make 
                        reasonable attempts to provide notice to 
                        victims affected by the disclosure of 
                        information; and
                            ``(ii) grantees and subgrantees shall take 
                        steps necessary to protect the privacy and 
                        safety of the persons affected by the release 
                        of the information.
                    ``(D) Information sharing.--Grantees and 
                subgrantees may share--
                            ``(i) nonpersonally identifying data in the 
                        aggregate regarding services to their clients 
                        and nonpersonally identifying demographic 
                        information in order to comply with Federal, 
                        State, tribal, or territorial reporting, 
                        evaluation, or data collection requirements; 
                        and
                            ``(ii) court-generated information and law-
                        enforcement generated information contained in 
                        secure, governmental registries for protection 
                        order enforcement purposes.
            ``(2) Approved activities.--In carrying out the activities 
        under this title, grantees and subgrantees may collaborate with 
        and provide information to Federal, State, local, tribal, and 
        territorial public officials and agencies to develop and 
        implement policies to reduce or eliminate domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(3) Non-supplantation.--Any Federal funds received under 
        this title shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for activities 
        under this title.
            ``(4) Use of funds.--Funds authorized and appropriated 
        under this title may be used only for the specific purposes 
        described in this title and shall remain available until 
        expended.
            ``(5) Evaluation.--Grantees under this Act must collect 
        data for use to evaluate the effectiveness of the program, 
        pursuant to the requirements described in paragraph (1)(D).
            ``(6) Underserved population.--For each grant program under 
        this Act, the grantee must identify the underserved population 
        for their area and program. The grantor must ensure that 
        sufficient funds are given to programs that will address the 
        underserved populations within the grant program. Underserved 
        populations will change depending on the program but will 
        include but not be limited to rural, urban, religious, race and 
        ethnic factors, language barriers, disabilities, alienage 
        status, age, or any other factor determined by the Attorney 
        General to indicate that a population is underserved.
            ``(7) Community-based organization defined.--In this title, 
        the term `community-based organization' means an organization 
        that--
                    ``(A) focuses primarily on violence against women;
                    ``(B) has established a specialized culturally 
                specific program that addresses violence against women;
                    ``(C) has a primary focus on underserved 
                communities (and includes representatives from these 
                communities) and violence against women; or
                    ``(D) obtains violence against women expertise 
                through collaboration.''.

    TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                         VIOLENCE AGAINST WOMEN

SEC. 101. STOP GRANTS IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(18) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(8)) is amended by striking ``$185,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$225,000,000 for each of 
fiscal years 2006 through 2010''.
    (b) Purpose Area Enhancements.--Section 2001(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended--
            (1) by striking ``and specifically, for the purposes of--'' 
        and inserting ``, including collaborating with and informing 
        public officials and agencies in order to develop and implement 
        policies to reduce or eliminate domestic violence, dating 
        violence, sexual assault, and stalking, and specifically only 
        for the purposes of--'';
            (2) in paragraph (5), by inserting after ``protection 
        orders are granted,'' the following: ``supporting nonprofit 
        nongovernmental victim services programs and tribal 
        organizations in working with public officials and agencies to 
        develop and implement policies, rules, and procedures in order 
        to reduce or eliminate domestic violence, dating violence, 
        sexual assault, and stalking,'';
            (3) in paragraph (10), by striking ``and'' after the 
        semicolon;
            (4) in paragraph (11), by striking the period and inserting 
        ``; and''; and
            (5) by adding at the end the following:
            ``(12) maintaining core victim services and criminal 
        justice initiatives, while supporting complementary new 
        initiatives and emergency services for victims and their 
        families.''.
    (c) Technical Amendment Relating to Misdesignated Sections.--
            (1) Renumbering.--Section 402(2) of Public Law 107-273 (116 
        Stat. 1789) is amended by striking ``as sections 2006 through 
        2011, respectively'' and inserting ``as sections 2007 through 
        2011, respectively''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of enactment of Public Law 107-
        273.
    (d) Clarification of Activities Regarding Underserved 
Populations.--Section 2006 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
            (1) in subsection (c)(2), by inserting before the semicolon 
        the following: ``and describe how the State will address the 
        needs of racial and ethnic minorities and racial and ethnic and 
        other underserved populations''; and
            (2) in subsection (e)(2), by striking subparagraph (D) and 
        inserting the following:
                    ``(D) recognize and meaningfully respond to the 
                needs of racial and ethnic and other underserved 
                populations and ensure that monies set aside to fund 
                services and activities for racial and ethnic and other 
                underserved populations are distributed equally among 
                those populations.''.
    (e) Tribal and Territorial Setasides.--Section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as 
redesignated by subsection (c), is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``5 percent'' and 
                inserting ``10 percent'';
                    (B) in paragraph (2), by striking ``\1/54\'' and 
                inserting ``\1/56\'';
                    (C) in paragraph (3), by striking ``and the 
                coalition for the combined Territories of the United 
                States, each receiving an amount equal to \1/54\'' and 
                inserting ``Guam, American Samoa, the United States 
                Virgin Islands, and the Commonwealth of the Northern 
                Mariana Islands, each receiving an amount equal to \1/
                56\'';
                    (D) in paragraph (4), by striking ``\1/54\'' and 
                inserting ``\1/56\'';
                    (E) in paragraph (5), by striking ``and'' after the 
                semicolon;
                    (F) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (G) by adding at the end:
            ``(7) such funds shall remain available until expended.'';
            (2) in subsection (c)(3)(B), by inserting after ``victim 
        services'' the following: ``, of which at least 10 percent 
        shall be distributed to culturally specific community-based 
        organizations''; and
            (3) in subsection (d)--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) documentation showing that tribal, territorial, State 
        or local prosecution, law enforcement, and court and victim 
        service provider subgrantees have consulted with tribal, 
        territorial, State, or local victim services programs during 
        the course of developing their grant applications in order to 
        ensure that proposed services, activities and equipment 
        acquisitions are designed to promote the safety, 
        confidentiality, and economic independence of victims of 
        domestic violence, sexual assault, stalking, and dating 
        violence.''.
    (f) Training, Technical Assistance, and Data Collection.--Section 
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-1), as redesignated by subsection (c), is amended by 
adding at the end the following:
    ``(i) Training, Technical Assistance, and Data Collection.--
            ``(1) In general.--Of the total amounts appropriated under 
        this part, not less than 3 percent and up to 8 percent shall be 
        available for providing training, technical assistance, and 
        data collection relating to the purpose areas of this part to 
        improve the capacity of grantees, subgrantees and other 
        entities to offer services and assistance to victims of 
        domestic violence, sexual assault, stalking, and dating 
        violence.
            ``(2) Indian training.--The Director of the Violence 
        Against Women Office shall ensure that training or technical 
        assistance regarding violence against Indian women will be 
        developed and provided by entities having expertise in tribal 
        law and culture.''.
    (g) Availability of Forensic Medical Exams.--Section 2010 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
4), as redesignated by subsection (c), is amended by adding at the end 
the following:
    ``(c) Use of Funds.--A State or Indian tribal government may use 
Federal grant funds under this part to pay for forensic medical exams 
performed by trained examiners for victims of sexual assault, except 
that such funds may not be used to pay for forensic medical exams by 
any State or Indian tribal government that requires victims of sexual 
assault to seek reimbursement for such exams from their insurance 
carriers.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to permit a State to require a victim of sexual assault to 
participate in the criminal justice system or cooperate with law 
enforcement in order to be provided with a forensic medical exam, 
reimbursement for charges incurred on account of such an exam, or 
both.''.
    (h) Polygraph Testing Prohibition.--Part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended by adding at the end the following new section:

``SEC. 2012. POLYGRAPH TESTING PROHIBITION.

    ``In order to be eligible for grants under this part, a State, 
Indian tribal government, or unit of local government must certify 
within three years of enactment of the VAWA 2005 Reauthorization Act 
that their laws, policies, or practices ensure that no law enforcement 
officer, prosecuting officer or other government official shall ask or 
require an adult or child victim of a sex offense as defined under 
Federal, Tribal, State, Territorial or local law to submit to a 
polygraph examination or similar truth-telling device or method as a 
condition for proceeding with the investigation, charging or 
prosecution of such an offense. A victim's refusal to submit to the 
aforementioned shall not prevent the investigation, charging or 
prosecution of the pending case.''.
    (i) No Matching Requirement.--Part T of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) 
is amended by adding at the end the following new section:

``SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES.

    ``No matching funds shall be required for a grant or subgrant made 
under this part, if made to a small law enforcement agency (under 20 
officers) or to a victim service provider.''.

SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS 
              IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(19) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$75,000,000 for each of 
fiscal years 2006 through 2010. Funds appropriated under this paragraph 
shall remain available until expended.''.
    (b) Grantee Requirements.--Section 2101 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (a), by striking ``to treat domestic 
        violence as a serious violation'' and inserting ``to treat 
        domestic violence, dating violence, sexual assault, and 
        stalking as serious violations'';
            (2) in subsection (b)--
                    (A) in the matter before paragraph (1), by 
                inserting after ``State'' the following: ``, tribal, 
                territorial,'';
                    (B) in paragraph (1), by striking ``mandatory 
                arrest or'';
                    (C) in paragraph (2), by--
                            (i) inserting after ``educational 
                        programs,'' the following: ``protection order 
                        registries,'';
                            (ii) striking ``domestic violence and 
                        dating violence'' and inserting ``domestic 
                        violence, dating violence, sexual assault, and 
                        stalking. Policies, educational programs, 
                        registries, and training described in this 
                        paragraph shall incorporate confidentiality and 
                        privacy protections for victims of domestic 
                        violence, dating violence, sexual assault, and 
                        stalking'';
                    (D) in paragraph (3), by--
                            (i) striking ``domestic violence cases'' 
                        and inserting ``domestic violence, dating 
                        violence, sexual assault, and stalking cases''; 
                        and
                            (ii) striking ``groups'' and inserting 
                        ``teams'';
                    (E) in paragraph (5), by striking ``domestic 
                violence and dating violence'' and inserting ``domestic 
                violence, dating violence, sexual assault, and 
                stalking'';
                    (F) in paragraph (6), by--
                            (i) striking ``other'' and inserting 
                        ``civil''; and
                            (ii) inserting after ``domestic violence'' 
                        the following: ``, dating violence, sexual 
                        assault, and stalking''; and
                    (G) by adding at the end the following:
            ``(9) To enhance and support the capacity of victims 
        services programs to collaborate with and inform efforts by 
        State and local jurisdictions and public officials and agencies 
        to develop best practices and policies regarding arrest of 
        domestic violence, dating violence, sexual assault, and 
        stalking offenders and to strengthen protection order 
        enforcement and to reduce or eliminate domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(10) To develop State, tribal, territorial, or local 
        policies, procedures, and protocols for preventing dual arrests 
        and prosecutions in cases of domestic violence, dating 
        violence, sexual assault, and stalking and to develop effective 
        methods for identifying the pattern and history of abuse that 
        indicates which party is the actual perpetrator of abuse.
            ``(11) To plan, develop and establish comprehensive victim 
        service and support centers, such as family justice centers, 
        designed to bring together victim advocates from non-profit, 
        non-governmental victim services organizations, law enforcement 
        officers, prosecutors, probation officers, governmental victim 
        assistants, forensic medical professionals, civil legal 
        attorneys, chaplains, legal advocates, representatives from 
        community-based organizations and other relevant public or 
        private agencies or organizations into one centralized 
        location, in order to improve safety, access to services, and 
        confidentiality for victims and families.
            ``(12) To develop and implement policies and training for 
        police, prosecutors, and the judiciary in recognizing, 
        investigating, and prosecuting instances of sexual assault, 
        with an emphasis on recognizing the threat to the community for 
        repeat crime perpetration by such individuals.'';
            (3) in subsection (c)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) certify within three years of enactment of the VAWA 
        2005 Reauthorization Act that their laws, policies, or 
        practices ensure that--
                    ``(A) no law enforcement officer, prosecuting 
                officer or other government official shall ask or 
                require an adult or child victim of a sex offense as 
                defined under Federal, tribal, State, territorial, or 
                local law to submit to a polygraph examination or other 
                truth telling device as a condition for proceeding with 
                the investigation, charging or prosecution of such an 
                offense; and
                    ``(B) the refusal of a victim to submit to an 
                examination described in subparagraph (A) shall not 
                prevent the investigation, charging or prosecution of 
                the offense.''; and
            (4) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Allotment for Indian Tribes.--Not less than 10 percent of the 
total amount made available for grants under this section for each 
fiscal year shall be available for grants to Indian tribe 
governments.''.
    (c) Applications.--Section 2102(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of 
paragraphs (1) and (2) by inserting after ``involving domestic 
violence'' the following: ``, dating violence, sexual assault, or 
stalking''.
    (d) Training, Technical Assistance, Confidentiality.--Part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh et seq.) is amended by adding at the end the following:

``SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.

    ``Of the total amounts appropriated under this part, not less than 
5 percent and up to 8 percent shall be available for providing 
training, technical assistance, and data collection relating to the 
purpose areas of this part to improve the capacity of grantees, 
subgrantees and other entities to offer services and assistance to 
victims of domestic violence and dating violence.''.

SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by--
                    (A) inserting before ``legal assistance'' the 
                following: ``civil and criminal'';
                    (B) inserting after ``effective aid to'' the 
                following: ``adult and minor'';
                    (C) striking ``domestic violence, stalking, or 
                sexual assault'' and inserting ``domestic violence, 
                dating violence, sexual assault, or stalking''; and
                    (D) inserting at the end the following: ``The 
                Attorney shall use funds appropriated under this 
                section only for the purposes described in subsection 
                (c).'';
            (2) in subsection (c), by striking ``private nonprofit 
        entities, Indian tribal governments'' and inserting 
        ``nonprofit, nongovernmental organizations, Indian tribal 
        governments and tribal organizations, territorial 
        organizations'';
            (3) in paragraphs (1), (2), and (3) of subsection (c), by 
        striking ``victims of domestic violence, sexual assault, and 
        stalking'' wherever it appears and inserting ``victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by striking ``domestic 
                violence or sexual assault'' and inserting ``domestic 
                violence, dating violence, sexual assault, or 
                stalking'';
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
            ``(2) any training program conducted in satisfaction of the 
        requirement of paragraph (1) has been or will be developed with 
        input from and in collaboration with a tribal, State, 
        territorial, or local domestic violence, dating violence, 
        sexual assault or stalking organization or coalition, as well 
        as appropriate tribal, State, territorial, and local law 
        enforcement officials;
            ``(3) any person or organization providing legal assistance 
        through a program funded under subsection (c) has informed and 
        will continue to inform tribal, State, territorial, or local 
        domestic violence, dating violence, sexual assault or stalking 
        organizations and coalitions, as well as appropriate tribal, 
        State, territorial, and local law enforcement officials of 
        their work; and''; and
                    (C) in paragraph (4), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (5) in subsection (e), by inserting ``dating violence,'' 
        after ``domestic violence,''; and
            (6) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $65,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended and may only be used for the 
        specific programs and activities described in this section.''; 
        and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by--
                                    (I) striking ``5 percent'' and 
                                inserting ``10 percent'';
                                    (II) striking ``programs'' and 
                                inserting ``tribal governments or 
                                tribal organizations'';
                                    (III) inserting ``adult and minor'' 
                                after ``that assist''; and
                                    (IV) striking ``domestic violence, 
                                stalking, and sexual assault'' and 
                                inserting ``domestic violence, dating 
                                violence, sexual assault, and 
                                stalking''; and
                            (ii) in subparagraph (B), by striking 
                        ``technical assistance to support projects 
                        focused solely or primarily on providing legal 
                        assistance to victims of sexual assault'' and 
                        inserting ``technical assistance in civil and 
                        crime victim matters to adult and minor victims 
                        of sexual assault''.

SEC. 104. COURT TRAINING AND IMPROVEMENTS.

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is 
amended by adding at the end the following:

      ``Subtitle J--Violence Against Women Act Court Training and 
                              Improvements

``SEC. 41001. SHORT TITLE.

    ``This subtitle may be cited as the `Violence Against Women Act 
Court Training and Improvements Act of 2005'.

``SEC. 41002. PURPOSE.

    ``The purpose of this subtitle is to enable the Attorney General, 
though the Director of the Office on Violence Against Women, to award 
grants to improve court responses to adult and youth domestic violence, 
dating violence, sexual assault, and stalking to be used for the 
following purposes--
            ``(1) improved internal civil and criminal court functions, 
        responses, practices, and procedures;
            ``(2) education for court-based and court-related personnel 
        on issues relating to victims' needs, including safety, 
        security, privacy, confidentiality and economic independence, 
        as well as information about perpetrator behavior and best 
        practices for holding perpetrators accountable;
            ``(3) collaboration and training with Federal, State, and 
        local public agencies and officials and nonprofit, non-
        governmental organizations to improve implementation and 
        enforcement of relevant Federal, State, tribal, territorial and 
        local law;
            ``(4) to enable courts or court-based or court-related 
        programs to develop new or enhance current--
                    ``(A) court infrastructure (such as specialized 
                courts, dockets, intake centers, or interpreter 
                services and linguistically and culturally specific 
                services);
                    ``(B) community-based initiatives within the court 
                system (such as court watch programs, victim advocates, 
                or community-based supplementary services);
                    ``(C) offender management, monitoring, and 
                accountability programs;
                    ``(D) safe and confidential information-storage and 
                -sharing databases within and between court systems;
                    ``(E) education and outreach programs (such as 
                interpreters) to improve community access, including 
                enhanced access for racial and ethnic communities and 
                racial and ethnic and other underserved populations (as 
                described in section 40002); and
                    ``(F) other projects likely to improve court 
                responses to domestic violence, dating violence, sexual 
                assault, and stalking; and
            ``(5) to provide technical assistance to tribal, Federal, 
        State, territorial or local courts wishing to improve their 
        practices and procedures or to develop new programs.

``SEC. 41003. GRANT REQUIREMENTS.

    ``Grants awarded under this subtitle shall be subject to the 
following conditions:
            ``(1) Eligible grantees.--Eligible grantees may include--
                    ``(A) tribal, Federal, State, territorial or local 
                courts or court-based pro grams; and
                    ``(B) national, tribal, State, or local private, 
                nonprofit organizations with demonstrated expertise in 
                developing and providing judicial education about 
                domestic violence, dating violence, sexual assault, or 
                stalking.
            ``(2) Conditions of eligibility.--To be eligible for a 
        grant under section 41003, applicants shall certify in writing 
        that--
                    ``(A) any courts or court-based personnel working 
                directly with or making decisions about adult or minor 
                parties experiencing domestic violence, dating 
                violence, sexual assault, and stalking have completed 
                or will complete education about domestic violence, 
                dating violence, sexual assault, and stalking;
                    ``(B) any education program developed under section 
                41002 has been or will be developed with significant 
                input from and in collaboration with a national, 
                tribal, State, territorial, or local victim services 
                provider or coalition; and
                    ``(C) the grantee's internal organizational 
                policies, procedures, or rules do not require mediation 
                or counseling between offenders and victims physically 
                together in cases where domestic violence, dating 
                violence, sexual assault, or stalking is an issue.

``SEC. 41004. EVALUATION.

    ``(a) In General.--The Attorney General, through the Director of 
the Office on Violence Against Women, may evaluate the grants funded 
under section 41002.
    ``(b) Tribal Grantees.--Evaluation of tribal grantees under this 
section shall be conducted by entities with expertise in Federal Indian 
law and tribal court practice.

``SEC. 41005. NATIONAL EDUCATIONAL CURRICULA.

    ``(a) In General.--The Attorney General, through the Director of 
the Office on Violence Against Women, shall fund efforts to develop a 
national education curriculum for use by State and national judicial 
educators to ensure that all courts and court personnel have access to 
information about relevant Federal, State, territorial, or local law, 
promising practices, procedures, and policies regarding court responses 
to adult and youth domestic violence, dating violence, sexual assault, 
and stalking.
    ``(b) Eligible Entities.--Any curricula developed under this 
section--
            ``(1) shall be developed by an entity or entities having 
        demonstrated expertise in developing judicial education 
        curricula on issues relating to domestic violence, dating 
        violence, sexual assault, and stalking; or
            ``(2) if the primary grantee does not have demonstrated 
        expertise such issues, the curricula shall be developed by the 
        primary grantee in partnership with an organization having such 
        expertise.

``SEC. 41006. TRIBAL CURRICULA.

    ``(a) In General.--The Attorney General, through the Office on 
Violence Against Women, shall fund efforts to develop education 
curricula for tribal court judges to ensure that all tribal courts have 
relevant information about promising practices, procedures, policies, 
and law regarding tribal court responses to adult and youth domestic 
violence, dating violence, sexual assault, and stalking.
    ``(b) Eligible Entities.--Any curricula developed under this 
section--
            ``(1) shall be developed by a tribal organization having 
        demonstrated expertise in developing judicial education 
        curricula on issues relating to domestic violence, dating 
        violence, sexual assault, and stalking; and
            ``(2) if the primary grantee does not have such expertise, 
        the curricula shall be developed by the primary grantee through 
        partnership with organizations having such expertise.

``SEC. 41007. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $5,000,000 for each of fiscal years 2006 to 2010.
    ``(b) Availability.--Funds appropriated under this section shall 
remain available until expended and may only be used for the specific 
programs and activities described in this subtitle.
    ``(c) Set Aside.--Of the amounts made available under this 
subsection in each fiscal year, not less than 10 percent shall be used 
for grants to tribes.

``SEC. 41008. ACCESS TO JUSTICE FOR TEENS.

    ``(a) Purpose.--It is the purpose of this section to encourage 
cross training and collaboration between the courts, domestic violence 
and sexual assault service providers, youth organizations and service 
providers, violence prevention programs, and law enforcement agencies, 
so that communities can establish and implement policies, procedures, 
and practices to protect and more comprehensively and effectively serve 
youth victims of dating violence, domestic violence, sexual assault, 
and stalking between the ages of 12 and 24, and to engage, where 
necessary, other entities addressing the safety, health, mental health, 
social service, housing, and economic needs of youth victims of 
domestic violence, dating violence, sexual assault, and stalking.
    ``(b) Grant Authority.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women (in this 
        section referred to as the `Director'), shall make grants to 
        eligible entities to enable entities to jointly carry out cross 
        training and other collaborative initiatives that seek to carry 
        out the purposes of this section. Amounts appropriated under 
        this section may only be used for programs and activities 
        described under subsection (c).
            ``(2) Grant periods.--Grants shall be awarded under this 
        section for a period of 3 fiscal years.
            ``(3) Eligible entities.--To be eligible for a grant under 
        this section, a grant applicant shall establish a collaboration 
        that shall include--
                    ``(A) a Tribal, State, Territorial or local 
                juvenile, family, civil, criminal or other trial court 
                with jurisdiction over domestic violence, dating 
                violence, sexual assault or stalking cases (hereinafter 
                referred to as ``courts''); and
                    ``(B) a victim service provider that has experience 
                in working on domestic violence, dating violence, 
                sexual assault, or stalking and the effect that those 
                forms of abuse have on young people.
    ``(c) Uses of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant for cross-
training and collaborative efforts to--
            ``(1) assess and analyze currently available services for 
        youth victims of domestic violence, dating violence, sexual 
        assault, and stalking; determine relevant barriers to such 
        services in a particular locality;
            ``(2) establish and enhance linkages and collaboration 
        between courts; domestic violence or sexual assault service 
        providers, and, where applicable, law enforcement agencies, and 
        other entities addressing the safety, health, mental health, 
        social service, housing, and economic needs of youth victims of 
        domestic violence, dating violence, sexual assault or stalking, 
        including community-based supports such as schools, local 
        health centers, community action groups, and neighborhood 
        coalitions to identify, assess, and respond appropriately to 
        the varying needs of youth victims of dating violence, domestic 
        violence, sexual assault or stalking;
            ``(3) educate the staff of courts, domestic violence and 
        sexual assault service providers, and, as applicable, the staff 
        of law enforcement agencies, youth organizations, schools, 
        healthcare providers and other community prevention and 
        intervention programs to responsibly address youth victims and 
        perpetrators of domestic violence, dating violence, sexual 
        assault and stalking, and to understand relevant laws, court 
        procedures and policies; and
            ``(4) provide appropriate resources in juvenile court 
        matters to respond to dating violence, domestic violence, 
        sexual assault and stalking and assure necessary services 
        dealing with the health and mental health of youth victims are 
        available.
    ``(d) Grant Applications.--To be eligible for a grant under this 
section, the entities that are members of the applicant collaboration 
described in subsection (b)(3) shall jointly submit an application to 
the Director at such time, in such manner, and containing such 
information as the Director may require.
    ``(e) Priority.--In awarding grants under this section, the 
Director shall give priority to entities that have submitted 
applications in partnership with law enforcement agencies and religious 
and community organizations and service providers that work primarily 
with youth, especially teens, and who have demonstrated a commitment to 
coalition building and cooperative problem solving in dealing with 
problems of dating violence, domestic violence, sexual assault, and 
stalking in teen populations.
    ``(f) Distribution.--In awarding grants under this section--
            ``(1) not less than 10 percent of funds appropriated under 
        this section in any year shall be available for grants to 
        collaborations involving tribal courts, tribal coalitions, 
        tribal organizations, or domestic violence or sexual assault 
        service providers the primary purpose of which is to provide 
        culturally relevant services to American Indian or Alaska 
        Native women or youth;
            ``(2) the Director shall not use more than 2.5 percent of 
        funds appropriated under this section in any year for 
        monitoring and evaluation of grants made available under this 
        section;
            ``(3) the Attorney General shall not use more than 2.5 
        percent of funds appropriated under this section in any year 
        for administration of grants made available under this section; 
        and
            ``(4) up to 8 percent of funds appropriated under this 
        section in any year shall be available to provide technical 
        assistance for programs funded under this section.
    ``(g) Reporting and Dissemination of Information.--
            ``(1) Reports.--Each of the entities that are members of 
        the applicant collaboration described in subsection (b)(3) and 
        that receive a grant under this section shall jointly prepare 
        and submit a report to the Director every 18 months detailing 
        the activities that the entities have undertaken under the 
        grant and such additional information as the Director may 
        require.
            ``(2) Dissemination of information.--Not later than 12 
        months after the end of the grant period under this section, 
        the Director shall prepare, submit to Congress, and make widely 
        available, including through electronic means, summaries that 
        contain information on--
                    ``(A) the activities implemented by the recipients 
                of the grants awarded under this section; and
                    ``(B) related initiatives undertaken by the 
                Director to promote attention to dating violence, 
                domestic violence, sexual assault, and stalking and 
                their impact on young victims by--
                            ``(i) the staffs of courts;
                            ``(ii) domestic violence, dating violence, 
                        sexual assault, and stalking service providers; 
                        and
                            ``(iii) law enforcement agencies and 
                        community organizations.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $5,000,000 in each of fiscal 
years 2006 through 2010.''.

SEC. 105. DOMESTIC VIOLENCE COURTS ASSISTANCE.

    (a) Short Title.--This section may be cited as the ``Domestic 
Violence Courts Assistance Act''.
    (b) Findings.--The Congress finds the following:
            (1) Nearly one-third of American women report being 
        physically or sexually abused by a husband or boyfriend at some 
        point in their lives.
            (2) Family violence costs the nation between $5,000,000,000 
        and $10,000,000,000 each year in medical expenses, police and 
        court costs, shelters and foster care, sick leave, absenteeism, 
        and nonproductivity.
            (3) The Nation's first specialized domestic violence court 
        was established in Chicago in the early 1980s to centralize the 
        prosecution of domestic violence offenders.
            (4) There are presently more than 300 domestic violence 
        courts in at least 23 States nationwide.
            (5) Specialized domestic violence courts in several 
        communities have resulted in cutting the processing time of 
        domestic violence, reducing a backlog of existing domestic 
        violence cases and raising the conviction rate.
            (6) Specialized domestic violence courts allow judges, 
        prosecutors and defense attorneys to focus on the intricacies 
        of domestic violence cases, especially with regards to repeat 
        offenders.
    (c) Establishment of Domestic Violence Court Systems From Amounts 
Available for Grants to Combat Violence Against Women.--
            (1) In general.--Part T of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (relating to grants to combat violent 
        crimes against women) is amended as follows:
                    (A) Purposes for which grants may be used.--Section 
                2001(b) of that Act (42 U.S.C. 3796gg(b)) is amended--
                            (i) in paragraph (10), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (11), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(12) providing the resources to establish and maintain a 
        court system dedicated to the adjudication of domestic violence 
        cases, including providing such resources as--
                    ``(A) prosecutors and court personnel, including 
                those who perform interpretation and translation 
                services;
                    ``(B) technical assistance and counseling;
                    ``(C) training of attorneys, judges, and court 
                personnel, including those who perform interpretation 
                and translation services (which should be carried out 
                in consultation with local domestic violence advocates, 
                State domestic violence coalitions, or both);
                    ``(D) technological improvements and data 
                collection; and
                    ``(E) improvement of court facilities, including 
                the creation of safe waiting areas and improved 
                security.''.
                    (B) Qualification for funds.--Section 2002(c)(3)(C) 
                of that Act (42 U.S.C. 3796gg-1(c)(3)(C)) is amended by 
                inserting after ``including juvenile courts'' the 
                following: ``and specialized domestic violence 
                courts''.
            (2) Attorney general report.--Not later than thirty days 
        after the expiration of the third fiscal year beginning after 
        the date of the enactment of this Act, the Attorney General 
        shall submit to Congress a report on the implementation and 
        effectiveness of the amendments made by paragraph (1), 
        including the effectiveness of grants made under such 
        amendments in reducing the rates of domestic violence and 
        shortening the period of judicial review in domestic violence 
        cases.
            (3) State justice institute.--Section 206(c) of the State 
        Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended--
                    (A) in paragraph (14) by striking ``and'';
                    (B) in paragraph (15) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(16) implement and evaluate court-based approaches to 
        adjudicating domestic violence cases in State courts, 
        including--
                    ``(A) domestic violence courts;
                    ``(B) integrated case management information 
                systems;
                    ``(C) collaborations among courts, law enforcement 
                agencies, social service agencies, women's shelters, 
                and victims of crime support organizations; and
                    ``(D) any other innovative practices likely to 
                improve the criminal justice system's response to 
                domestic violence; and
            ``(17) provide technical assistance to State courts to 
        facilitate the development and adoption of improved practices 
        in the adjudication of domestic violence cases.''.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out paragraphs (16) and (17) of 
        section 206(c) of the State Justice Institute Act of 1984, as 
        added by paragraph (3), $1,500,000 for each of fiscal years 
        2006 through 2009.

SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

    (a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, are amended by--
            (1) striking ``or Indian tribe'' each place it appears and 
        inserting ``, Indian tribe, or territory''; and
            (2) striking ``State or tribal'' each place it appears and 
        inserting ``State, tribal, or territorial''.
    (b) Clarification of Entities Having Enforcement Authority and 
Responsibilities.--Section 2265(a) of title 18, United States Code, is 
amended by striking ``and enforced as if it were'' and inserting ``and 
enforced by the court and law enforcement personnel of the other State, 
Indian tribal government or Territory as if it were''.
    (c) Protection Orders.--Sections 2265 and 2266 of title 18, United 
States Code, are amended by striking ``protection order'' each place it 
appears and inserting ``protection order, restraining order, or 
injunction''.
    (d) Limits on Internet Publication of Protection Order 
Information.--Section 2265(d) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(3) Limits on internet publication of registration 
        information.--A State, Indian tribe, or territory shall not 
        publish publicly on the Internet any information regarding the 
        registration or filing of a protection order, restraining 
        order, or injunction in either the issuing or enforcing State, 
        tribal or territorial jurisdiction, if such publication would 
        be likely to publicly reveal the identity or location of the 
        party protected under such order. A State, Indian tribe, or 
        territory may share court-generated law enforcement generated 
        information contained in secure, governmental registries for 
        protection order enforcement purposes.''.
    (e) Definitions.--Section 2266 of title 18, United States Code, is 
amended by striking paragraph (5) and inserting the following:
            ``(5) Protection order, restraining order, or injunction.--
        The term `protection order, restraining order, or injunction' 
        includes--
                    ``(A) any injunction or other order issued by a 
                civil or criminal court for the purpose of preventing 
                violent or threatening acts or harassment against, 
                sexual violence, or contact or communication with or 
                physical proximity to, another person, including any 
                temporary or final order issued by a civil or criminal 
                court whether obtained by filing an independent action 
                or as a pendente lite order in another proceeding so 
                long as any civil or criminal order was issued in 
                response to a complaint, petition, or motion filed by 
                or on behalf of a person seeking protection; and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies or relief issued as part 
                of a protection order, restraining order, or injunction 
                pursuant to State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the protection 
                of victims of domestic violence, sexual assault, dating 
                violence, or stalking.''.

SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL VIOLENCE, AND STALKING.

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is 
amended by adding at the end the following:

  ``Subtitle K--Privacy Protections for Victims of Domestic Violence, 
             Dating Violence, Sexual Violence, and Stalking

``SEC. 41101. TASK FORCE.

    ``The Attorney General shall establish a task force to review and 
report on policies, procedures, and technological issues that may 
affect the privacy and confidentiality of victims of domestic violence, 
dating violence, stalking and sexual assault. The Attorney General 
shall include representatives from States, tribes, territories and 
private/non-profit organizations whose mission is to help develop a 
best practices model to prevent personally identifying information of 
adult and minor victims of domestic violence, dating violence, stalking 
and sexual assault from being released to the detriment of such 
victimized persons. The Attorney General shall designate one staff 
member to work with the task force. The Attorney General is authorzed 
to make grants to develop a demonstration project to implement the best 
practices identified by the Task Force.

``SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $1,000,000 for each of fiscal years 2006 through 
2010.
    ``(b) Availability.--Amounts appropriated under this section shall 
remain available until expended and may only be used for the specific 
programs and activities described in this subtitle.''.

SEC. 108. STALKER DATABASE.

    Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 
14032) is amended--
            (1) by striking ``2001'' and inserting ``2006''; and
            (2) by striking ``2006'' and inserting ``2010''.

SEC. 109. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA.

    Section 40114 of the Violence Against Women Act of 1994 (Public Law 
103-322) is amended to read as follows:

``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.

    ``There are authorized to be appropriated for the United States 
attorneys for the purpose of appointing victim assistants for the 
prosecution of sex crimes and domestic violence crimes where applicable 
(such as the District of Columbia), $1,000,000 for each of fiscal years 
2006 through 2010.''.

SEC. 110. PREVENTING CYBERSTALKING.

    (a) In General.--Paragraph (1) of section 223 (h) of the 
Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) in the case of subparagraph (C) of subsection 
                (a)(1), includes any device or software that can be 
                used to originate telecommunications or other types of 
                communications that are transmitted, in whole or in 
                part, by the Internet (as such term is defined in 
                section 1104 of the Internet Tax Freedom Act (47 U.S.C. 
                151 note)).''.
    (b) Rule of Construction.--This section and the amendment made by 
this section may not be construed to affect the meaning given the term 
``telecommunications device'' in section 223(h)(1) of the 
Communications Act of 1934, as in effect before the date of the 
enactment of this section.

SEC. 111. REPEAT OFFENDER PROVISION.

    Chapter 110A of title 18, United States Code, is amended by adding 
after section 2265 the following:
``Sec. 2265A. Repeat offender provision
    ``The maximum term of imprisonment for a violation of this chapter 
after a prior interstate domestic violence offense (as defined in 
section 2261) or interstate violation of protection order (as defined 
in section 2262) or interstate stalking (as defined in sections 
2261A(a) and 2261A(b)) shall be twice the term otherwise provided for 
the violation.''.

SEC. 112. PROHIBITING DATING VIOLENCE.

    Section 2261(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), striking ``or intimate partner'' and 
        inserting ``, intimate partner, or dating partner''; and
            (2) in paragraph (2), striking ``or intimate partner'' and 
        inserting ``, intimate partner, or dating partner''.

SEC. 113. PREVENTING ATTACKS FROM PHONY POLICE AND PUBLIC OFFICIALS.

    (a) In General.--Section 716 of title 18, United States Code, is 
amended--
            (1) by striking ``police badge'' each place it appears in 
        subsections (a) and (b) and inserting ``official insignia or 
        article of clothing'';
            (2) in each of paragraphs (2) and (4) of subsection (a), by 
        striking ``badge of the police'' and inserting ``official 
        insignia or article of clothing'';
            (3) in subsection (b), by striking ``the badge'' and 
        inserting ``the insignia or article of clothing'';
            (4) so that subsection (c) reads as follows:
    ``(c) As used in this section--
            ``(1) the term `official insignia or article of clothing' 
        means an article of distinctive clothing or insignia, including 
        a badge, emblem or identification card, that is an indicium of 
        the authority of a public employee; and
            ``(2) the term `public employee' means any officer or 
        employee of the Federal Government or of a State or local 
        government.''; and
            (5) in the heading for the section, by striking ``Police 
        badges'' and inserting ``Public employee insignia and 
        clothing''.
    (b) Conforming Amendment to Table of Sections.--The item in the 
table of sections at the beginning of chapter 33 of title 18, United 
States Code, relating to section 716 is amended by striking ``Police 
badges'' and inserting ``Public employee insignia and clothing''.
    (c) Direction to Sentencing Commission.--The United States 
Sentencing Commission is directed to make appropriate amendments to 
sentencing guidelines, policy statements, and official commentary to 
assure that the sentence imposed on a defendant who is convicted of a 
Federal offense while wearing or displaying insignia and clothing 
received in violation of section 716 of title 18, United States Code, 
reflects the gravity of this aggravating factor.

SEC. 114. DNA DATABASE FOR VIOLENT PREDATORS AGAINST MINOR GIRLS AND 
              WOMEN.

    (a) Findings.--Congress finds the following:
            (1) Only 22 State sex offender registries collect and 
        maintain DNA samples as a part of registration.
            (2) The single age with the greatest proportion of sexual 
        assault victims reported to law enforcement was age 14.
            (3) There were more victims of sexual assault between 3 and 
        17 than in any individual age group over age 17, and more 
        victims age 2 than in any age group over 40.
            (4) Over a four-to-five year period, 13.4 percent of sex 
        offenders recidivated with another sexual offense.
            (5) More attention should be given to seeking solutions to 
        violence against young girls and women.
    (b) DNA Database for Violent Predators Against Minor Girls and 
Women.--
            (1) In general.--The Attorney General shall establish and 
        maintain, separate from any other DNA database, a database 
        solely for the purpose of collecting the DNA information with 
        respect to violent predators against minor girls and women. 
        Under regulations issued by the Attorney General, Federal, 
        State, and local agencies and other entities may submit DNA 
        information to the Attorney General for inclusion in the 
        database and may compare DNA information against other DNA 
        information in the database.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $500,000 to establish the database required 
        by paragraph (1).
    (c) Incentive Grants.--
            (1) Program authorized.--From amounts made available to 
        carry out this section, the Attorney General shall make grants 
        to each State that has in effect one or more programs that 
        decrease the rate of recidivism among violent predators against 
        minor girls and women, for use by the State to implement 
        improvements to such programs.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        may be necessary.
    (d) Consequences for Violent Predators Against Minor Females and 
Women.--Notwithstanding any other provision of law, if a person who is 
a violent predator against minor females and women commits a crime that 
would, in and of itself, establish that person as a violent predator 
against minor females and women, the sentence imposed on that person 
for that crime shall, without regard to any mitigating circumstance 
that would otherwise apply at sentencing, be the maximum authorized by 
law.
    (e) Definition.--As used in this section, the term ``violent 
predator against minor females and women'' means a person who commits a 
crime of violence (including a sex crime) against either a female 
individual who has not attained the age of 18 years or a female who is 
age 18 or older.

 TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

SEC. 201. VIOLENCE AGAINST WOMEN PROGRAMS.

    (a) Grant Requirements.--Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
amended--
            (1) in section 2001, by adding at the end the following:
    ``(d) Funding.--
            ``(1) Use of funds.--Funds appropriated for grants under 
        this part may only be used for the specific programs and 
        activities expressly described in this part.'';
            (2) by redesignating section 2004 (42 U.S.C. 3796gg-0b) as 
        subsection (e) of section 2003;
            (3) by redesignating section 2005 (42 U.S.C. 3796gg-0c) as 
        subsection (f) of section 2003;
            (4) by redesignating sections 2002 and 2003 as sections 
        2003 and 2004, respectively;
            (5) by redesignating section 2006 (as added by section 
        402(3) of the Violence Against Women Office Act) as section 
        2005;
            (6) in section 2005, as redesignated, by adding at the end 
        the following: ``Any funds so appropriated shall remain 
        available until expended.''; and
            (7) by redesignating section 2007 as section 2002.
    (b) Definitions.--Section 2002 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as redesignated by 
subsection (a)(7), is amended--
            (1) by redesignating paragraph (8) as paragraph (17);
            (2) by redesignating paragraph (7) as paragraph (14);
            (3) by redesignating paragraph (6) as paragraph (11);
            (4) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (5), (6), and (7), respectively;
            (5) by redesignating paragraph (1) as paragraph (2);
            (6) by redesignating paragraph (9) as paragraph (1);
            (7) by redesignating paragraph (5) as paragraph (9); and
            (8) by inserting after paragraph (2), as redesignated, the 
        following:

SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.

    Part T of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) is amended by inserting after 
section 2006 the following:

``SEC. 2007. SEXUAL ASSAULT SERVICES ACT.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to assist States, tribes, and territories in 
        providing intervention, advocacy, accompaniment, support 
        services, and related assistance for--
                    ``(A) adult and minor victims of sexual assault;
                    ``(B) family and household members of such victims; 
                and
                    ``(C) those collaterally affected by the 
                victimization except for the perpetrator of such 
                victimization; and
            ``(2) to provide for technical assistance and training 
        relating to sexual assault to--
                    ``(A) Federal, State, tribal, territorial and local 
                governments, law enforcement agencies, and courts;
                    ``(B) professionals working in legal, social 
                service, and health care settings;
                    ``(C) nonprofit organizations;
                    ``(D) faith-based organizations; and
                    ``(E) other individuals and organizations seeking 
                such assistance.
    ``(b) Grants to States and Territories.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to States and territories to support the establishment, 
        maintenance, and expansion of rape crisis centers and other 
        programs and projects to assist those victimized by sexual 
        assault.
            ``(2) Allocation and use of funds.--
                    ``(A) Administrative costs.--Not more than 5 
                percent of the grant funds received by a State or 
                territory governmental agency under this subsection for 
                any fiscal year may be used for administrative costs.
                    ``(B) Grant funds.--Any funds received by a State 
                or territory under this subsection that are not used 
                for administrative costs shall be used to provide 
                grants to rape crisis centers and other nonprofit, 
                nongovernmental organizations for programs and 
                activities within such State or territory that provide 
                direct intervention and related assistance.
                    ``(C) Intervention and related assistance.--
                Intervention and related assistance under subparagraph 
                (B) may include--
                            ``(i) 24 hour hotline services providing 
                        crisis intervention services and referral;
                            ``(ii) accompaniment and advocacy through 
                        medical, criminal justice, and social support 
                        systems, including medical facilities, police, 
                        and court proceedings;
                            ``(iii) crisis intervention, short-term 
                        individual and group support services, and 
                        comprehensive service coordination, and 
                        supervision to assist sexual assault victims 
                        and family or household members;
                            ``(iv) support mechanisms that are 
                        culturally relevant to the community;
                            ``(v) information and referral to assist 
                        the sexual assault victim and family or 
                        household members;
                            ``(vi) community-based, linguistically, and 
                        culturally-specific service including outreach 
                        activities for racial and ethnic and other 
                        underserved communities and linkages to 
                        existing services in these communities; and
                            ``(vii) the development and distribution of 
                        educational materials on issues related to 
                        sexual assault and the services described in 
                        clauses (i) through (vii).
            ``(3) Application.--
                    ``(A) In general.--Each eligible entity desiring a 
                grant under this subsection shall submit an application 
                to the Attorney General at such time and in such manner 
                as the Attorney General may reasonably require.
                    ``(B) Contents.--Each application submitted under 
                subparagraph (A) shall--
                            ``(i) set forth procedures designed to 
                        assure meaningful involvement of the State or 
                        territorial sexual assault coalition and 
                        representatives from racial and ethnic and 
                        other underserved communities in the 
                        development of the application and the 
                        implementation of the plans;
                            ``(ii) set forth procedures designed to 
                        ensure an equitable distribution of grants and 
                        grant funds within the State or territory and 
                        between urban and rural areas within such State 
                        or territory;
                            ``(iii) identify the State or territorial 
                        agency that is responsible for the 
                        administration of programs and activities; and
                            ``(iv) meet other such requirements as the 
                        Attorney General reasonably determines are 
                        necessary to carry out the purposes and 
                        provisions of this section.
            ``(4) Reporting.--Each State and territory receiving a 
        grant under this subsection shall submit an annual report to 
        the Attorney General that describes the activities carried out 
        with such grant funds.
            ``(5) Allocation of funds.--The Attorney General shall 
        allocate to each State not less than 0.50 percent of the total 
        amount so appropriated in a fiscal year for grants under this 
        section, except that the United States Virgin Islands, American 
        Samoa, Guam, the District of Columbia, Puerto Rico, and the 
        Commonwealth of the Northern Mariana Islands shall each be 
        allocated 0.125 percent of the total appropriations.
    ``(c) Grants for Culturally Specific Programs Addressing Sexual 
Assault.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to eligible entities to support the establishment, 
        maintenance, and expansion of culturally specific intervention 
        and related assistance for victims of sexual assault.
            ``(2) Eligible entities.--To be eligible to receive a grant 
        under this section, an entity shall--
                    ``(A) be a private nonprofit organization that 
                focuses primarily on racial and ethnic communities;
                    ``(B) must have documented organizational 
                experience in the area of sexual assault intervention 
                or have entered into a partnership with an organization 
                having such expertise;
                    ``(C) have expertise in the development of 
                community-based, linguistically and culturally specific 
                outreach and intervention services relevant for the 
                specific racial and ethnic communities to whom 
                assistance would be provided or have the capacity to 
                link to existing services in the community tailored to 
                the needs of racial and ethnic populations; and
                    ``(D) have an advisory board or steering committee 
                and staffing which is reflective of the targeted racial 
                and ethnic community.
            ``(3) Use of funds.--Funds appropriated under this section 
        may be used for the purposes described in this section.
            ``(4) Award basis.--The Attorney General shall award grants 
        under this section on a competitive basis.
            ``(5) Distribution.--
                    ``(A) The Attorney General shall not use more than 
                the 2.5 percent of funds appropriated under this 
                subsection in any year for administration, monitoring, 
                and evaluation of grants made available under this 
                subsection.
                    ``(B) Up to 5 percent of funds appropriated under 
                this section in any year shall be available for 
                technical assistance by a national organization or 
                organizations whose primary focus and expertise is in 
                addressing sexual assault within racial and ethnic 
                communities.
            ``(6) Term.--The Attorney General shall make grants under 
        this section for a period of no less than 3 fiscal years.
            ``(7) Reporting.--Each entity receiving a grant under this 
        subsection shall submit a report to the Attorney General that 
        describes the activities out with such grant funds.
    ``(d) Grants to State, Territorial, and Tribal Sexual Assault 
Coalitions.--
            ``(1) Grants authorized.--
                    ``(A) In general.--The Attorney General shall award 
                grants to State, territorial, and tribal sexual assault 
                coalitions to assist in supporting the establishment, 
                maintenance, and expansion of such coalitions.
                    ``(B) Minimum amount.--Not less than 10 percent of 
                the total amount appropriated to carry out this section 
                shall be used for grants under subparagraph (A).
                    ``(C) Eligible applicants.--Each of the State, 
                territorial, and tribal sexual assault coalitions as 
                determined by the National Center for Injury Prevention 
                and Control in collaboration with the office or 
                Violence Against Women at the Department of Justice.
            ``(2) Use of funds.--Grant funds received under this 
        subsection may be used to--
                    ``(A) work with local sexual assault programs and 
                other providers of direct services to encourage 
                appropriate responses to sexual assault within the 
                State, territory, or tribe;
                    ``(B) work with judicial and law enforcement 
                agencies to encourage appropriate responses to sexual 
                assault cases;
                    ``(C) work with courts, child protective services 
                agencies, and children's advocates to develop 
                appropriate responses to child custody and visitation 
                issues when sexual assault has been determined to be a 
                factor;
                    ``(D) design and conduct public education 
                campaigns;
                    ``(E) plan and monitor the distribution of grants 
                and grant funds to their State, territory, or tribe; or
                    ``(F) collaborate with and inform Federal, State, 
                or local public officials and agencies to develop and 
                implement policies to reduce or eliminate sexual 
                assault.
            ``(3) Allocation and use of funds.--From amounts 
        appropriated for grants under this subsection for each fiscal 
        year--
                    ``(A) not less than 10 percent of the funds shall 
                be available for grants to tribal sexual assault 
                coalitions;
                    ``(B) the remaining funds shall be available for 
                grants to State and territorial coalitions, and the 
                Attorney General shall allocate an amount equal to \1/
                56\ of the amounts so appropriated to the Territories 
                as defined in section 4002(a)(20) of this Act.
            ``(4) Application.--Each eligible entity desiring a grant 
        under this subsection shall submit an application to the 
        Attorney General at such time, in such manner, and containing 
        by such information as the Attorney General determines to be 
        essential to carry out the purposes of this section.
            ``(5) Reporting.--Each State or territorial sexual assault 
        coalition receiving a grant under this subsection shall submit 
        a report to the Attorney General that describes activities 
        carried out with such grant funds.
            ``(6) First-time applicants.--No entity shall be prohibited 
        from submitting an application under this subsection during any 
        fiscal year for which funds are available under this subsection 
        because such entity has not previously applied or received 
        funding under this subsection.
    ``(e) Grants to Tribes.--
            ``(1) Grants authorized.--The Attorney General may award 
        grants to Indian tribes, tribal organizations, and nonprofit 
        tribal organizations approved by an Indian tribe for the 
        operation of a sexual assault programs or projects in Indian 
        country and Alaskan native villages to support the 
        establishment, maintenance, and expansion of programs and 
        projects to assist those victimized by sexual assault.
            ``(2) Allocation and use of funds.--
                    ``(A) Administrative costs.--Not more than 5 
                percent of the grant funds received by an Indian tribe, 
                tribal organization, and nonprofit tribal organization 
                under this subsection for any fiscal year may be used 
                for administrative costs.
                    ``(B) Grant funds.--Any funds received under this 
                subsection that are not used for administrative costs 
                shall be used to provide grants to tribal organizations 
                and nonprofit tribal organizations for programs and 
                activities within Indian country and Alaskan native 
                villages that provide direct intervention and related 
                assistance.
                    ``(C) Intervention and related assistance.--
                Intervention and related assistance under subparagraph 
                (B) may include--
                            ``(i) 24-hour hotline services providing 
                        crisis intervention services and referral;
                            ``(ii) accompaniment and advocacy through 
                        medical, criminal justice, and social support 
                        systems, including medical facilities, police, 
                        and court proceedings;
                            ``(iii) crisis intervention, short-term 
                        individual and group support services, and case 
                        management and supervision to assist sexual 
                        assault victims and family or household 
                        members;
                            ``(iv) information and referral to assist 
                        the sexual assault victim and family or 
                        household members;
                            ``(v) support mechanisms that are 
                        culturally relevant to the community;
                            ``(vi) collaborating with and informing 
                        public officials and agencies in order to 
                        develop and implement policies to reduce or 
                        eliminate sexual assault; and
                            ``(vii) the development and distribution of 
                        educational materials on issues related to 
                        sexual assault and the services described in 
                        clauses (i) through (vi).
            ``(3) Reporting.--Each tribe receiving a grant under this 
        subsection shall submit an annual report to the Attorney 
        General that describes the activities carried out with such 
        grant funds.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $60,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out the provisions of this section. Any amounts so 
        appropriated shall remain available until expended.
            ``(2) Allocations.--Of the total amounts appropriated for 
        each fiscal year to carry out this section--
                    ``(A) not more than 2.5 percent shall be used by 
                the Attorney General for evaluation, monitoring, and 
                other administrative costs under this section;
                    ``(B) not more than 2.5 percent shall be used for 
                the provision of technical assistance to grantees and 
                subgrantees under this section;
                    ``(C) not less than 65 percent shall be used for 
                grants to States and territories under subsection (b);
                    ``(D) not less than 10 percent shall be used for 
                making grants to State, territorial, and tribal sexual 
                assault coalitions under subsection (c);
                    ``(E) not less than 10 percent shall be used for 
                grants to tribes under subsection (d); and
                    ``(F) not less than 10 percent shall be used for 
                grants for culturally specific programs addressing 
                sexual assault under subsection (c).''.

SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT ASSISTANCE PROGRAM.

    Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C. 
13971) is amended to read as follows:

``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
              STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to identify, assess, and appropriately respond to 
        adult and minor domestic violence, sexual assault, dating 
        violence, and stalking in rural communities, by encouraging 
        collaboration between--
                    ``(A) domestic violence, dating violence, sexual 
                assault, and stalking victim service providers;
                    ``(B) law enforcement agencies;
                    ``(C) prosecutors;
                    ``(D) courts;
                    ``(E) other criminal justice service providers;
                    ``(F) human and community service providers;
                    ``(G) educational institutions; and
                    ``(H) health care providers;
            ``(2) to establish and expand nonprofit, nongovernmental, 
        State, tribal, and local government services in rural 
        communities to adult and minor victims; and
            ``(3) to increase the safety and well-being of women and 
        children in rural communities, by--
                    ``(A) dealing directly and immediately with 
                domestic violence, sexual assault, dating violence, and 
                stalking occurring in rural communities; and
                    ``(B) creating and implementing strategies to 
                increase awareness and prevent domestic violence, 
                sexual assault, dating violence, and stalking.
    ``(b) Grants Authorized.--The Attorney General, acting through the 
Director of the Office on Violence Against Women (referred to in this 
section as the `Director'), may award 3-year grants, with a possible 
extension for an additional 3 years, to States, Indian tribes, local 
governments, and nonprofit, public or private entities, including 
tribal nonprofit organizations, to carry out programs serving rural 
areas or rural communities that address domestic violence, dating 
violence, sexual assault, and stalking by--
            ``(1) implementing, expanding, and establishing cooperative 
        efforts and projects between law enforcement officers, 
        prosecutors, victim advocacy groups, and other related parties 
        to investigate and prosecute incidents of domestic violence, 
        dating violence, sexual assault, and stalking;
            ``(2) providing treatment, counseling, and other long- and 
        short-term assistance to adult and minor victims of domestic 
        violence, dating violence, sexual assault, and stalking in 
        rural communities; and
            ``(3) working in cooperation with the community to develop 
        education and prevention strategies directed toward such 
        issues.
    ``(c) Use of Funds.--Funds appropriated pursuant to this section 
shall be used only for specific programs and activities expressly 
described in subsection (a).
    ``(d) Allotments and Priorities.--
            ``(1) Allotment for indian tribes.--Not less than 10 
        percent of the total amount made available for each fiscal year 
        to carry out this section shall be allocated for grants to 
        Indian tribes or tribal organizations.
            ``(2) Allotment for sexual assault services.--Not less than 
        40 percent of the total amount made available for each fiscal 
        year to carry out this section shall be allocated for grants 
        that meaningfully address sexual assault in rural communities.
            ``(3) Allotment for technical assistance.--Of the amounts 
        appropriated for each fiscal year to carry out this section, 
        not more than 8 percent may be used by the Director for 
        technical assistance costs.
            ``(4) Underserved populations.--In awarding grants under 
        this section, the Director shall give priority to the needs of 
        racial and ethnic and other underserved populations (as 
        described in section 40002).
            ``(5) Allocation of funds for rural states.--Not less than 
        75 percent of the total amount made available for each fiscal 
        year to carry out this section shall be allocated for grants to 
        rural States.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $55,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out this section.
            ``(2) Additional funding.--In addition to funds received 
        through a grant under subsection (b), a law enforcement agency 
        may use funds received through a grant under part Q of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.) to accomplish the objectives of this 
        section.''.

SEC. 204. ASSISTANCE FOR VICTIMS OF ABUSE.

    Part T of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding at the end the 
following:

``SEC. 2011. ASSISTANCE FOR VICTIMS OF ABUSE.

    ``(a) Grants Authorized.--The Attorney General may award grants to 
appropriate entities--
            ``(1) to provide services for victims of domestic violence 
        and sexual assault who are 50 years of age or older;
            ``(2) to increase the physical accessibility of buildings 
        in which services are or will be rendered for victims of 
        domestic violence and sexual assault who are 50 years of age or 
        older;
            ``(3) to provide training, consultation, and information on 
        domestic violence, dating violence, stalking, and sexual 
        assault against women and girls who are individuals with 
        disabilities (as defined in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102)), and to enhance 
        direct services to such individuals;
            ``(4) for training programs to assist law enforcement 
        officers, prosecutors, governmental agencies, victim 
        assistants, and relevant officers of Federal, State, tribal, 
        territorial, and local courts in recognizing, addressing, 
        investigating, and prosecuting instances of adult or minor 
        domestic violence, dating violence, sexual assault, stalking, 
        elder abuse, and violence against individuals with 
        disabilities, including domestic violence and sexual assault, 
        against older or disabled individuals; and
            ``(5) for multidisciplinary collaborative community 
        responses to victims.
    ``(b) Use of Funds.--Grant funds under this section may be used--
            ``(1) to implement or expand programs or services to 
        respond to the needs of persons 50 years of age or older who 
        are victims of domestic violence, dating violence, sexual 
        assault, stalking, or elder abuse;
            ``(2) to provide personnel, training, technical assistance, 
        advocacy, intervention, risk reduction and prevention of 
        domestic violence, dating violence, stalking, and sexual 
        assault against disabled women and girls;
            ``(3) to conduct outreach activities to ensure that 
        disabled women and girls who are victims of domestic violence, 
        dating violence, stalking, or sexual assault receive 
        appropriate assistance;
            ``(4) to conduct cross-training for victim service 
        organizations, governmental agencies, and nonprofit, 
        nongovernmental organizations serving individuals with 
        disabilities; about risk reduction, intervention, prevention 
        and the nature of dynamic of domestic violence, dating 
        violence, stalking, and sexual assault for disabled women and 
        girls;
            ``(5) to provide technical assistance to assist with 
        modifications to existing policies, protocols, and procedures 
        to ensure equal access to the services, programs, and 
        activities of victim service organizations for disabled women 
        and girls;
            ``(6) to provide training and technical assistance on the 
        requirements of shelters and victim services organizations 
        under Federal antidiscrimination laws, including--
                    ``(A) the Americans with Disabilities Act of 1990; 
                and
                    ``(B) section 504 of the Rehabilitation Act of 
                1973;
            ``(7) to rehabilitate facilities, purchase equipment, and 
        provide personnel so that shelters and victim service 
        organizations can accommodate the needs of disabled women and 
        girls;
            ``(8) to provide advocacy and intervention services for 
        disabled women and girls who are victims of domestic violence, 
        dating violence, stalking, or sexual assault through 
        collaborative partnerships between--
                    ``(A) nonprofit, nongovernmental agencies;
                    ``(B) governmental agencies serving individuals 
                with disabilities; and
                    ``(C) victim service organizations; or
            ``(9) to develop model programs providing advocacy and 
        intervention services within organizations serving disabled 
        women and girls who are victims of domestic violence, dating 
        violence, sexual assault, or stalking.
    ``(c) Eligible Entities.--
            ``(1) In general.--An entity shall be eligible to receive a 
        grant under this section if the entity is--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) a nonprofit, nongovernmental organization 
                such as a victim services organization, an organization 
                serving individuals with disabilities or a community-
                based organization; and
                    ``(D) a religious organization.
            ``(2) Limitation.--A grant awarded for the purposes 
        described in subsection (b) (9) shall only be awarded to an 
        eligible agency (as defined in section 410 of the 
        Rehabilitation Act of 1973 (29 USC 796f-5).
    ``(d) Application.--An eligible entity desiring a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require.
    ``(e) Reporting.--Not later than 1 year after the last day of the 
first fiscal year commencing on or after the date of enactment of this 
Act, and not later than 180 days after the last day of each fiscal year 
thereafter, the Attorney General shall submit to Congress a report 
evaluating the effectiveness of programs administered and operated 
pursuant to this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated $28,000,000 for each of the fiscal years 2006 through 2010 
to carry out this section.''.

SEC. 205. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE HOTLINE.

    (a) Study Required.--Not later than 6 months after the date of 
enactment of this Act, the Comptroller General shall conduct a study of 
the National Domestic Violence Hotline to determine the effectiveness 
of the Hotline in assisting victims of domestic violence.
    (b) Issues to Be Studied.--In conducting the study under subsection 
(a), the Comptroller General shall--
            (1) compile statistical and substantive information about 
        calls received by the Hotline since its inception, or a 
        representative sample of such calls, while maintaining the 
        confidentiality of Hotline callers;
            (2) interpret the data compiled under paragraph (1)--
                    (A) to determine the trends, gaps in services, and 
                geographical areas of need; and
                    (B) to assess the trends and gaps in services to 
                underserved communities and the military community; and
            (3) gather other important information about domestic 
        violence.
    (c) Report.--Not later than 3 years after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report on 
the results of the study.

SEC. 206. DOMESTIC VIOLENCE PREVENTION, EDUCATION, AND AWARENESS.

    (a) Short Title.--This section may be cited as the ``Domestic 
Violence Prevention, Education, and Awareness Act''.
    (b) Findings.--The Congress finds the following:
            (1) Nearly one-third of American women report being 
        physically or sexually abused by a husband or boyfriend at some 
        point in their lives.
            (2) Family violence costs the nation between $5,000,000,000 
        and $10,000,000,000 each year in medical expenses, police and 
        court costs, shelters and foster care, sick leave, absenteeism, 
        and nonproductivity.
            (3) The United States is becoming increasingly 
        multicultural, and racial and ethnic minorities are expected to 
        constitute approximately 50 percent of the United States 
        population by 2050.
            (4) Two-thirds of female immigrants to the United States 
        originate from Asia, Latin America, the Caribbean, and the 
        Middle East, and they migrate here to seek economic security, 
        reunify their families, or escape prosecution.
            (5) Racial and ethnic minority women and immigrant women 
        face unique challenges to reporting and getting help for 
        domestic violence.
            (6) Structural inequalities experienced by racial and 
        ethnic minority communities and immigrant communities, 
        including poverty and discrimination, may contribute to higher 
        rates of violence.
            (7) Problems of domestic violence are exacerbated for 
        immigrants when spouses control the immigration status of their 
        family members, and abusers use threats of refusal to file 
        immigration papers and threats to deport spouses and children 
        as powerful tools to prevent battered immigrant women from 
        seeking help, trapping battered immigrant women in violent 
        homes because of fear of deportation.
            (8) Many racial and ethnic minority women and immigrant 
        women face cultural barriers to reporting abuse or seeking help 
        for domestic violence, including but not limited to strong 
        religious beliefs that stress the importance of keeping family 
        intact, fear of dishonor, or a belief that negative events 
        occur regardless of attempts to prevent them.
            (9) Many racial and ethnic minority women and immigrant 
        women also face institutional barriers to reporting abuse or 
        seeking help for domestic violence, including but not limited 
        to restrictions on public assistance, limited access to 
        immigration relief, lack of translators or bilingual 
        professionals, little educational material in the woman's 
        native language, treatment programs that do not take into 
        account ethnic and cultural differences, prohibitive fee 
        structures, and inflexible or inconvenient hours of operation.
    (c) Grants for Public Information Campaigns to Educate Racial and 
Ethnic Minority Communities and Immigrant Communities About Domestic 
Violence.--
            (1) In general.--From amounts made available to carry out 
        this subsection, the Attorney General, acting through the 
        Violence Against Women Office, shall make grants to public or 
        private nonprofit entities, States, and Indian tribes and 
        tribal organizations to carry out public information campaigns 
        for the purpose of educating racial and ethnic minority 
        communities and immigrant communities about domestic violence, 
        including the effects of domestic violence, methods of 
        preventing or reducing domestic violence, and services 
        available to victims of domestic violence.
            (2) Use of grant amounts.--Grant amounts under this 
        subsection may be used only to carry out public information 
        campaigns for the purpose specified in paragraph (1) and to 
        provide staffing appropriate to carrying out the campaigns.
            (3) Elements of campaigns.--Each public information 
        campaign carried out under this subsection shall consist of one 
        or more of the following elements:
                    (A) Public service announcements.
                    (B) Paid educational messages for print media.
                    (C) Public transit advertising.
                    (D) Electronic broadcast media.
                    (E) Any other mode of conveying information that 
                the Attorney General determines to be appropriate.
            (4) Requirements for grant.--The Attorney General may award 
        a grant under this subsection to an applicant only if the 
        Attorney General determines that--
                    (A) the campaign will be carried out in 
                consultation with local domestic violence advocates or 
                State domestic violence coalitions;
                    (B) the campaign is designed to be conducted in a 
                culturally sensitive manner using one or more 
                culturally appropriate languages;
                    (C) the applicant has an adequate plan to test-
                market the campaign with a relevant community or group 
                in the relevant geographic area, and will carry out 
                that plan; and
                    (D) the applicant will use effectiveness criteria 
                in carrying out the campaign and an evaluation 
                component to measure the effectiveness of the campaign.
            (5) Award criteria.--In awarding grants under this 
        subsection, the Attorney General shall consider the following 
        criteria:
                    (A) Whether the applicant has, or will be 
                partnering with an entity that has, a record of high 
                quality campaigns of a comparable type.
                    (B) Whether the applicant has, or will be 
                partnering with an entity that has, a record of high 
                quality campaigns that educate the communities and 
                groups at greatest risk of domestic violence.
            (6) Application.--
                    (A) In general.--To be eligible to receive a grant 
                under this subsection, a State or entity must submit to 
                the Attorney General an application that meets the 
                requirements of subparagraph (B).
                    (B) Requirements.--An application submitted under 
                this paragraph shall be in such form, and submitted in 
                such manner, as the Attorney General may prescribe, and 
                shall include the following matters:
                            (i) A complete description of applicant's 
                        plan for the proposed public information 
                        campaign.
                            (ii) An identification of the specific 
                        communities and groups to be educated by the 
                        campaign, and a description of how the campaign 
                        will educate the communities and groups at 
                        greatest risk of domestic violence.
                            (iii) The plans of the applicant with 
                        respect to working with organizations that have 
                        expertise in developing culturally appropriate 
                        informational messages.
                            (iv) A description of the geographic 
                        distribution of the campaign.
                            (v) An identification of the media 
                        organizations and other groups through which 
                        the campaign will be carried out and any 
                        memorandum of understanding or other agreement 
                        under which the campaign will be carried out.
                            (vi) A description of the nature, amount, 
                        distribution, and timing of informational 
                        messages to be used in the campaign.
                            (vii) Such information and assurances as 
                        the Attorney General may require to determine 
                        whether the requirements specified in paragraph 
                        (4) will be satisfied, and whether the criteria 
                        specified in paragraph (5) apply.
                            (viii) Such other information and 
                        assurances as the Attorney General may require.
            (7) Definition.--For purposes of this subsection, the term 
        ``State'' includes the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
        any other territory or possession of the United States.
            (8) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section.

   TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

SEC. 301. RAPE PREVENTION AND EDUCATION.

    Section 393B(c) of part J of title III of the Public Health Service 
Act (42 U.S.C. 280b-1(c)) is amended to read as follows:
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $80,000,000 for each of fiscal years 
        2006 through 2010.
            ``(2) National sexual violence resource center allotment.--
        Of the total amount made available under this subsection in 
        each fiscal year, not less than $1,500,000 shall be available 
        for allotment under subsection (b).''.

SEC. 302. SERVICES, EDUCATION, PROTECTION AND JUSTICE FOR YOUNG VICTIMS 
              OF VIOLENCE.

    The Violence Against Women Act of 1994 (Public Law 103-322, Stat. 
1902 et seq.) is amended by adding at the end the following:

  ``Subtitle M--Services, Education, Protection and Justice for Young 
                          Victims of Violence

``SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS.

    ``(a) Grants Authorized.--The Secretary of the Department of Health 
and Human Services (in this section referred to as the `Secretary'), 
acting through the Family and Youth Services Bureau, in consultation 
with the Department of Justice, shall award grants to eligible entities 
to conduct programs to serve teen and young adult victims between the 
ages of 12 and 24 of domestic violence, dating violence, sexual 
assault, and stalking. Amounts appropriated under this section may only 
be used for programs and activities described under subsection (c).
    ``(b) Eligible Grantees.--To be eligible to receive a grant under 
this section, an entity shall be--
            ``(1) a nonprofit, nongovernmental entity, the primary 
        purpose of which is to provide services to victims of domestic 
        violence, dating violence, sexual assault, or stalking;
            ``(2) a religious or community-based organization that 
        specializes in working with youth victims of domestic violence, 
        dating violence, sexual assault, or stalking;
            ``(3) an Indian Tribe or tribal organization providing 
        services primarily to tribal youth or tribal victims of 
        domestic violence, dating violence, sexual assault or stalking; 
        or
            ``(4) a nonprofit, nongovernmental entity providing 
        services for runaway or homeless youth.
    ``(c) Use of Funds.--
            ``(1) In general.--An entity that receives a grant under 
        this section shall use amounts provided under the grant to 
        design or replicate, and implement, programs and services, 
        using domestic violence, dating violence, sexual assault, and 
        stalking intervention models to respond to the needs of youth 
        who are victims of domestic violence, dating violence, sexual 
        assault or stalking.
            ``(2) Types of programs.--Such a program--
                    ``(A) shall provide direct counseling and advocacy 
                for teens and young adults, who have experienced 
                domestic violence, dating violence, sexual assault or 
                stalking;
                    ``(B) shall include linguistically, culturally, and 
                community relevant services for racial and ethnic and 
                other underserved populations or linkages to existing 
                services in the community tailored to the needs of 
                racial and ethnic and other underserved populations;
                    ``(C) may include mental health services;
                    ``(D) may include legal advocacy efforts on behalf 
                of minors and young adults with respect to domestic 
                violence, dating violence, sexual assault or stalking;
                    ``(E) may work with public officials and agencies 
                to develop and implement policies, rules, and 
                procedures in order to reduce or eliminate domestic 
                violence, dating violence, sexual assault, and stalking 
                against youth and young adults; and
                    ``(F) may use not more than 25 percent of the grant 
                funds to provide additional services and resources for 
                youth, including childcare, transportation, educational 
                support, and respite care.
    ``(d) Awards Basis.--
            ``(1) Grants to indian tribes.--Not less than 10 percent of 
        funds appropriated under this section in any year shall be 
        available for grants to Indian Tribes or tribal organizations.
            ``(2) Administration.--The Secretary shall not use more 
        than 2.5 percent of funds appropriated under this section in 
        any year for administration, monitoring, and evaluation of 
        grants made available under this section.
            ``(3) Technical assistance.--Not less than 5 percent of 
        funds appropriated under this section in any year shall be 
        available to provide technical assistance for programs funded 
        under this section.
    ``(e) Term.--The Secretary shall make the grants under this section 
for a period of 3 fiscal years.
    ``(f) Reports.--An entity receiving a grant under this section 
shall submit to the Secretary every 18 months a report of how grant 
funds have been used.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $15,000,000 for each of fiscal 
years 2006 through 2010.

``SEC. 41202. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION 
              BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.

    ``(a) Purpose.--The purpose of this section is to support efforts 
by child welfare agencies, domestic violence or dating violence victim 
services providers, courts, law enforcement, and other related 
professionals and community organizations to develop collaborative 
responses and services and provide cross-training to enhance community 
responses to families where there is both child maltreatment and 
domestic violence.
    ``(b) Grants Authorized.--The Attorney General, through the 
Violence Against Women Office, shall award grants on a competitive 
basis to eligible entities for the purposes and in the manner described 
in this section.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2006 through 2010. Funds appropriated under this section shall 
remain available until expended. Of the amounts appropriated to carry 
out this section for each fiscal year, the Attorney General shall--
            ``(1) use not more than 3 percent for evaluation, 
        monitoring, site visits, grantee conferences, and other 
        administrative costs associated with conducting activities 
        under this section;
            ``(2) set aside not more than 10 percent for grants to 
        programs addressing child maltreatment and domestic violence or 
        dating violence that are operated by, or in partnership with, a 
        tribal organization; and
            ``(3) set aside up to 8 percent for technical assistance 
        and training to be provided by organizations having 
        demonstrated expertise in developing collaborative community 
        and system responses to families in which there is both child 
        maltreatment and domestic violence or dating violence, whether 
        or not they are receiving funds under this section.
    ``(d) Underserved Populations.--In awarding grants under this 
section, the Attorney General shall consider the needs of racial and 
ethnic and other underserved populations (as described in section 
40002).
    ``(e) Grant Awards.--The Attorney General shall award grants under 
this section for periods of not more than 3 fiscal years.
    ``(f) Uses of Funds.--Entities receiving grants under this section 
shall use amounts provided to develop collaborative responses and 
services and provide cross-training to enhance community responses to 
families where there is both child maltreatment and domestic violence 
or dating violence. Amounts distributed under this section may only be 
used for programs and activities described in subsection (g).
    ``(g) Programs and Activities.--The programs and activities 
developed under this section shall--
            ``(1) encourage cross training, education, service 
        development, and collaboration among child welfare agencies, 
        domestic violence victim service providers, and courts, law 
        enforcement agencies, community-based programs, and other 
        entities, in order to ensure that such entities have the 
        capacity to and will identify, assess, and respond 
        appropriately to--
                    ``(A) domestic violence or dating violence in homes 
                where children are present and may be exposed to the 
                violence;
                    ``(B) domestic violence or dating violence in child 
                protection cases; and
                    ``(C) the needs of both the child and nonabusing 
                parent;
            ``(2) establish and implement policies, procedures, 
        programs, and practices for child welfare agencies, domestic 
        violence victim service providers, courts, law enforcement 
        agencies, and other entities, that are consistent with the 
        principles of protecting and increasing the immediate and long-
        term safety and well being of children and non-abusing parents 
        and caretakers by--
                    ``(A) increasing the safety, autonomy, capacity, 
                and financial security of non-abusing parents or 
                caretakers, including developing service plans and 
                utilizing community-based services that provide 
                resources and support to non-abusing parents;
                    ``(B) protecting the safety, security, and well-
                being of children by preventing their unnecessary 
                removal from a non-abusing parent, or, in cases where 
                removal of the child is necessary to protect the 
                child's safety, taking the necessary steps to provide 
                appropriate and community-based services to the child 
                and the non-abusing parent to promote the safe and 
                appropriately prompt reunification of the child with 
                the non-abusing parent;
                    ``(C) recognizing the relationship between child 
                maltreatment and domestic violence or dating violence 
                in a family, as well as the impact of and danger posed 
                by the perpetrators' behavior on both child and adult 
                victims; and
                    ``(D) holding adult and minor perpetrators of 
                domestic violence or dating violence, not child and 
                adult victims of abuse or neglect, accountable for 
                stopping the perpetrators' abusive behaviors, including 
                the development of separate service plans, court 
                filings, or community-based interventions where 
                appropriate;
            ``(3) increase cooperation and enhance linkages between 
        child welfare agencies, domestic violence victim service 
        providers, courts (including family, criminal, juvenile courts, 
        or tribal courts), law enforcement agencies, and other entities 
        to provide more comprehensive community-based services 
        (including health, mental health, social service, housing, and 
        neighborhood resources) to protect and to serve both child and 
        adult victims;
            ``(4) identify, assess, and respond appropriately to 
        domestic violence or dating violence in child protection cases 
        and to child maltreatment when it co-occurs with domestic 
        violence or dating violence;
            ``(5) analyze and change policies, procedures, and 
        protocols that contribute to overrepresentation of racial and 
        ethnic minorities in the court and child welfare system; and
            ``(6) provide appropriate referrals to community-based 
        programs and resources, such as health and mental health 
        services, shelter and housing assistance for adult and minor 
        victims and their children, legal assistance and advocacy for 
        adult and minor victims, assistance for parents to help their 
        children cope with the impact of exposure to domestic violence 
        or dating violence and child maltreatment, appropriate 
        intervention and treatment for adult perpetrators of domestic 
        violence or dating violence whose children are the subjects of 
        child protection cases, programs providing support and 
        assistance to racial and ethnic populations, and other 
        necessary supportive services.
    ``(h) Grantee Requirements.--
            ``(1) Applications.--Under this section, an entity shall 
        prepare and submit to the Attorney General an application at 
        such time, in such manner, and containing such information as 
        the Attorney General may require, consistent with the 
        requirements described herein. The application shall--
                    ``(A) ensure that communities impacted by these 
                systems or organizations are adequately represented in 
                the development of the application, the programs and 
                activities to be undertaken, and that they have a 
                significant role in evaluating the success of the 
                project;
                    ``(B) describe how the training and collaboration 
                activities will enhance or ensure the safety and 
                economic security of families where both child 
                maltreatment and domestic violence or dating violence 
                occurs by providing appropriate resources, protection, 
                and support to the victimized parents of such children 
                and to the children themselves; and
                    ``(C) outline methods and means participating 
                entities will use to ensure that all services are 
                provided in a developmentally, linguistically and 
                culturally competent manner and will utilize community-
                based supports and resources.
            ``(2) Eligible entities.--To be eligible for a grant under 
        this section, an entity shall be a collaboration that--
                    ``(A) shall include a State or local child welfare 
                agency or Indian Tribe;
                    ``(B) shall include a domestic violence or dating 
                violence victim service provider;
                    ``(C) may include a court;
                    ``(D) may include a law enforcement agency, or 
                Bureau of Indian Affairs providing tribal law 
                enforcement; and
                    ``(E) may include any other such agencies or 
                private nonprofit organizations, including community-
                based organizations, with the capacity to provide 
                effective help to the child and adult victims served by 
                the collaboration.
            ``(3) Reports.--Each entity receiving a grant under this 
        section shall report to the Attorney General every 18 months, 
        detailing how the funds have been used.''.

SEC. 303. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN ON CAMPUS.

    Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 
1152) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking the period at the end of the 
                sentence and inserting ``for periods of 3 years.''; and
                    (B) by adding at the end the following: ``The 
                Attorney General, through the Director of the Office on 
                Violence Against Women, shall award the grants in 
                amounts of not more than $500,000 for individual 
                institutions of higher education and not more than 
                $1,000,000 for consortia of such institutions.'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by inserting ``develop and implement 
                        campus policies, protocols, and services that'' 
                        after ``boards to''; and
                            (ii) by adding at the end the following: 
                        ``Within 90 days after the date of enactment of 
                        the Violence Against Women Act of 2005, the 
                        Attorney General shall issue and make available 
                        minimum standards of training relating to 
                        violent crimes against women on campus, for all 
                        campus security personnel and personnel serving 
                        on campus disciplinary or judicial boards.'';
                    (B) in paragraph (4), by striking all that follows 
                ``strengthen'' and inserting: ``victim services 
                programs on the campuses of the institutions involved, 
                including programs providing legal, medical, or 
                psychological counseling, for victims of domestic 
                violence, dating violence, or sexual assault, and to 
                improve delivery of victim assistance on campus. To the 
                extent practicable, such an institution shall 
                collaborate with any entities carrying out nonprofit 
                and other victim services programs, including sexual 
                assault, domestic violence, and dating violence victim 
                services programs in the community in which the 
                institution is located. If appropriate victim services 
                programs are not available in the community or are not 
                accessible to students, the institution shall, to the 
                extent practicable, provide a victim services program 
                on campus or create a victim services program in 
                collaboration with a community-based organization. The 
                institution shall use not less than 20 percent of the 
                funds made available through the grant for a victim 
                services program provided in accordance with this 
                paragraph.'';
                    (C) by striking paragraphs (6) and (8); and
                    (D) by redesignating paragraphs (7), (9), and (10) 
                as paragraphs (6), (7), and (8), respectively;
            (3) in subsection (c)--
                    (A) by striking paragraph (2)(B) and inserting the 
                following:
                    ``(B) include proof that the institution of higher 
                education collaborated with any nonprofit, 
                nongovernmental entities carrying out other victim 
                services programs, including sexual assault, domestic 
                violence, and dating violence victim services programs 
                in the community in which the institution is 
                located;''; and
                    (B) in paragraph (3), by adding at the end the 
                following: ``Up to $200,000 of the total amount of 
                grant funds appropriated under this section during the 
                years 2006 through 2010 may be used to provide 
                technical assistance in complying with the mandatory 
                reporting requirements of such section 485(f).'';
            (4) in subsection (d)--
                    (A) by striking paragraph (4);
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Confidentiality.--
                    ``(A) Nondisclosure of confidential or private 
                information.--In order to ensure the safety of adult 
                and minor victims of domestic violence, dating 
                violence, sexual assault, or stalking and their 
                families, grantees and subgrantees under this section 
                shall reasonably--
                            ``(i) protect the confidentiality and 
                        privacy of persons receiving services under the 
                        grants and subgrants; and
                            ``(ii) not disclose any personally 
                        identifying information, or individual client 
                        information, collected in connection with 
                        services requested, utilized, or denied through 
                        programs provided by such grantees and 
                        subgrantees under this section.
                    ``(B) Consent.--A grantee or subgrantee under this 
                section shall not reveal personally identifying 
                information or individual client information collected 
                as described in subparagraph (A) without the informed, 
                written, and reasonably time-limited consent of the 
                person (or, in the case of an unemancipated minor, the 
                minor and the parent or guardian of the minor) about 
                whom information is sought, whether for the program 
                carried out under this section or any other Federal, 
                State, tribal, or territorial assistance program.
                    ``(C) Compelled release and notice.--If a grantee 
                or subgrantee under this section is compelled by 
                statutory or court mandate to disclose information 
                described in subparagraph (A), the grantee or 
                subgrantee--
                            ``(i) shall make reasonable attempts to 
                        provide notice to individuals affected by the 
                        disclosure of information; and
                            ``(ii) shall take steps necessary to 
                        protect the privacy and safety of the 
                        individual affected by the disclosure.
                    ``(D) Permissive sharing.--Grantees and subgrantees 
                under this section may share with each other, in order 
                to comply with Federal, State, tribal, or territorial 
                reporting, evaluation, or data collection 
                requirements--
                            ``(i) aggregate data, that is not 
                        personally identifying information, regarding 
                        services provided to their clients; and
                            ``(ii) demographic information that is not 
                        personally identifying information.
                    ``(E) Court-generated and law enforcement-generated 
                information.--Grantees and subgrantees under this 
                section may share with each other--
                            ``(i) court-generated information contained 
                        in secure, governmental registries for 
                        protection order enforcement purposes; and
                            ``(ii) law enforcement-generated 
                        information.
                    ``(F) Definition.--As used in this paragraph, the 
                term `personally identifying information' means 
                individually identifying information from or about an 
                individual, including--
                            ``(i) first and last name;
                            ``(ii) home or other physical address, 
                        including street name and name of city or town;
                            ``(iii) email address or other online 
                        contact information, such as an instant-
                        messaging user identifier or a screen name that 
                        reveals an individual's email address;
                            ``(iv) telephone number;
                            ``(v) social security number;
                            ``(vi) Internet Protocol (`IP') address or 
                        host name that identifies an individual;
                            ``(vii) persistent identifier, such as a 
                        customer number held in a `cookie' or processor 
                        serial number, that is combined with other 
                        available data that identifies an individual; 
                        or
                            ``(viii) information that, in combination 
                        with the information in any of clauses (i) 
                        through (vii), would serve to identify any 
                        individual, including--
                                    ``(I) grade point average;
                                    ``(II) date of birth;
                                    ``(III) academic or occupational 
                                interests;
                                    ``(IV) athletic or extracurricular 
                                interests;
                                    ``(V) racial or ethnic background; 
                                or
                                    ``(VI) religious affiliation.''; 
                                and
            (5) in subsection (g), by--
                    (A) striking ``$10,000,000'' and inserting 
                ``$15,000,000'';
                    (B) striking ``2001'' and inserting ``2006''; and
                    (C) striking ``2005'' and inserting ``2010''.

SEC. 304. SAFE HAVENS.

    Section 1301 of the Victims of Trafficking and Violence Protection 
Act of 2000 (42 U.S.C. 10420) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 10402. SAFE HAVENS FOR CHILDREN.'';

            (2) in subsection (a)--
                    (A) by inserting ``, through the Director of the 
                Office on Violence Against Women,'' after ``Attorney 
                General'';
                    (B) by inserting ``public or nonprofit 
                nongovernmental entities, and to'' after ``may award 
                grants to'';
                    (C) by inserting ``dating violence,'' after 
                ``domestic violence,'';
                    (D) by striking ``to provide'' and inserting the 
                following:
            ``(1) to provide'';
                    (E) by striking the period at the end and inserting 
                a semicolon; and
                    (F) by adding at the end the following:
            ``(2) to protect children from the trauma of witnessing 
        domestic or dating violence or experiencing abduction, injury, 
        or death during parent and child visitation exchanges;
            ``(3) to protect parents or caretakers who are victims of 
        domestic and dating violence from experiencing further 
        violence, abuse, and threats during child visitation exchanges; 
        and
            ``(4) to protect children from the trauma of experiencing 
        sexual assault or other forms of physical assault or abuse 
        during parent and child visitation and visitation exchanges.''; 
        and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $20,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended.
            ``(2) Use of funds.--Of the amounts appropriated to carry 
        out this section for each fiscal year, the Attorney General 
        shall--
                    ``(A) set aside not less than 5 percent for grants 
                to Indian tribal governments or tribal organizations;
                    ``(B) use not more than 3 percent for evaluation, 
                monitoring, site visits, grantee conferences, and other 
                administrative costs associated with conducting 
                activities under this section; and
                    ``(C) set aside not more than 8 percent for 
                technical assistance and training to be provided by 
                organizations having nationally recognized expertise in 
                the design of safe and secure supervised visitation 
                programs and visitation exchange of children in 
                situations involving domestic violence, dating 
                violence, sexual assault, or stalking.''.

SEC. 305. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
              ASSAULT, AND STALKING IN MIDDLE AND HIGH SCHOOLS.

    (a) Short Title.--This section may be cited as the ``Supporting 
Teens through Education and Protection Act of 2005'' or the ``STEP 
Act''.
    (b) Grants Authorized.--The Attorney General, through the Director 
of the Office on Violence Against Women, is authorized to award grants 
to middle schools and high schools that work with domestic violence and 
sexual assault experts to enable the schools--
            (1) to provide training to school administrators, faculty, 
        counselors, coaches, healthcare providers, security personnel, 
        and other staff on the needs and concerns of students who 
        experience domestic violence, dating violence, sexual assault, 
        or stalking, and the impact of such violence on students;
            (2) to develop and implement policies in middle and high 
        schools regarding appropriate, safe responses to, and 
        identification and referral procedures for, students who are 
        experiencing or perpetrating domestic violence, dating 
        violence, sexual assault, or stalking, including procedures for 
        handling the requirements of court protective orders issued to 
        or against students or school personnel, in a manner that 
        ensures the safety of the victim and holds the perpetrator 
        accountable;
            (3) to provide support services for students and school 
        personnel, such as a resource person who is either on-site or 
        on-call, and who is an expert described in subsections (i)(2) 
        and (i)(3), for the purpose of developing and strengthening 
        effective prevention and intervention strategies for students 
        and school personnel experiencing domestic violence, dating 
        violence, sexual assault or stalking;
            (4) to provide developmentally appropriate educational 
        programming to students regarding domestic violence, dating 
        violence, sexual assault, and stalking, and the impact of 
        experiencing domestic violence, dating violence, sexual 
        assault, and stalking on children and youth by adapting 
        existing curricula activities to the relevant student 
        population;
            (5) to work with existing mentoring programs and develop 
        strong mentoring programs for students, including student 
        athletes, to help them understand and recognize violence and 
        violent behavior, how to prevent it and how to appropriately 
        address their feelings; and
            (6) to conduct evaluations to assess the impact of programs 
        and policies assisted under this section in order to enhance 
        the development of the programs.
    (c) Award Basis.--The Director shall award grants and contracts 
under this section on a competitive basis.
    (d) Policy Dissemination.--The Director shall disseminate to middle 
and high schools any existing Department of Justice, Department of 
Health and Human Services, and Department of Education policy guidance 
and curricula regarding the prevention of domestic violence, dating 
violence, sexual assault, and stalking, and the impact of the violence 
on children and youth.
    (e) Nondisclosure of Confidential or Private Information.--In order 
to ensure the safety of adult and minor victims of domestic violence, 
dating violence, sexual assault, or stalking and their families, 
grantees and subgrantees shall protect the confidentiality and privacy 
of persons receiving services. Grantees and subgrantees pursuant to 
this section shall not disclose any personally identifying information 
or individual information collected in connection with services 
requested, utilized, or denied through grantees' and subgrantees' 
programs. Grantees and subgrantees shall not reveal individual client 
information without the informed, written, reasonably time-limited 
consent of the person (or in the case of unemancipated minor, the minor 
and the parent or guardian) about whom information is sought, whether 
for this program or any other Tribal, Federal, State or Territorial 
grant program. If release of such information is compelled by statutory 
or court mandate, grantees and subgrantees shall make reasonable 
attempts to provide notice to victims affected by the disclosure of 
information. If such personally identifying information is or will be 
revealed, grantees and subgrantees shall take steps necessary to 
protect the privacy and safety of the persons affected by the release 
of the information. Grantees may share non-personally identifying data 
in the aggregate regarding services to their clients and non-personally 
identifying demographic information in order to comply with Tribal, 
Federal, State or Territorial reporting, evaluation, or data collection 
requirements. Grantees and subgrantees may share court-generated 
information contained in secure, governmental registries for protection 
order enforcement purposes.
    (f) Grant Term and Allocation.--
            (1) Term.--The Director shall make the grants under this 
        section for a period of 3 fiscal years.
            (2) Allocation.--Not more than 15 percent of the funds 
        available to a grantee in a given year shall be used for the 
        purposes described in subsection (b)(4)(D), (b),(5), and 
        (b)(6).
    (g) Distribution.--
            (1) In general.--Not less than 5 percent of funds 
        appropriated under section (l) in any year shall be available 
        for grants to tribal schools, schools on tribal lands or 
        schools whose student population is more than 25 percent native 
        American.
            (2) Administration.--The Director shall not use more than 5 
        percent of funds appropriated under section (l) in any year for 
        administration, monitoring and evaluation of grants made 
        available under this section.
            (3) Technical assistance.--Not less than 5 percent of funds 
        appropriated under section (l) in any year shall be available 
        to provide technical assistance for programs funded under this 
        section.
    (h) Application.--To be eligible to be awarded a grant or contract 
under this section for any fiscal year, a middle or secondary school, 
in consultation with an expert as described in sections (i)(2) and 
(i)(3), shall submit an application to the Director at such time and in 
such manner as the Director shall prescribe.
    (i) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a partnership that--
            (1) shall include a public, charter, tribal, or nationally 
        accredited private middle or high school, a school administered 
        by the Department of Defense under 10 U.S.C. 2164 or 20 U.S.C. 
        921, a group of schools, or a school district;
            (2) shall include a domestic violence victim service 
        provider that has a history of working on domestic violence and 
        the impact that domestic violence and dating violence have on 
        children and youth;
            (3) shall include a sexual assault victim service provider, 
        such as a rape crisis center, program serving tribal victims of 
        sexual assault, or coalition or other nonprofit nongovernmental 
        organization carrying out a community-based sexual assault 
        program, that has a history of effective work concerning sexual 
        assault and the impact that sexual assault has on children and 
        youth; and
            (4) may include a law enforcement agency, the State, 
        Tribal, Territorial or local court, nonprofit nongovernmental 
        organizations and service providers addressing sexual 
        harassment, bullying or gang-related violence in schools, and 
        any other such agencies or nonprofit nongovernmental 
        organizations with the capacity to provide effective assistance 
        to the child, youth, and adult victims served by the 
        partnership.
    (j) Priority.--In awarding grants under this section, the Director 
shall give priority to entities that have submitted applications in 
partnership with relevant courts or law enforcement agencies.
    (k) Reporting and Dissemination of Information.--
            (1) Reporting.--Each of the entities that are members of 
        the applicant partnership described in subsection (i), that 
        receive a grant under this section shall jointly prepare and 
        submit to the Director every 18 months a report detailing the 
        activities that the entities have undertaken under the grant 
        and such additional information as the Director shall require.
            (2) Dissemination of information.--Within 9 months of the 
        completion of the first full grant cycle, the Director shall 
        publicly disseminate, including through electronic means, model 
        policies and procedures developed and implemented in middle and 
        high schools by the grantees, including information on the 
        impact the policies have had on their respective schools and 
        communities.
    (l) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section, $5,000,000 for each of fiscal years 
        2006 through 2010.
            (2) Availability.--Funds appropriated under paragraph (1) 
        shall remain available until expended.

 TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN 
                                THE HOME

SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN, MEN, AND CHILDREN.

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.), as 
amended by section __ of this Act, is amended by adding at the end the 
following:

 ``Subtitle N--Strengthening America's Families by Preventing Violence 
                       Against Women and Children

``SEC. 41401. PURPOSE.

    ``The purpose of this subtitle is to--
            ``(1) prevent crimes involving violence against women, men, 
        children, and youth;
            ``(2) increase the resources and services available to 
        prevent violence against women, men, children, and youth;
            ``(3) reduce the impact of exposure to violence in the 
        lives of children and youth so that the intergenerational cycle 
        of violence is interrupted;
            ``(4) develop and implement education and services programs 
        to prevent children in vulnerable families from becoming 
        victims or perpetrators of domestic violence, dating violence, 
        sexual assault, or stalking;
            ``(5) promote programs to ensure that children and youth 
        receive the assistance they need to end the cycle of violence 
        against women and children and develop mutually respectful, 
        nonviolent relationships; and
            ``(6) encourage collaboration among community-based 
        organizations and governmental agencies serving children and 
        youth, providers of health and mental health services and 
        providers of domestic violence, dating violence, sexual 
        assault, and stalking victim services to prevent violence 
        against women and children.

``SEC. 41402. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Administration for Children, Youth, and 
        Families of the Department of Health and Human Services, is 
        authorized to award grants on a competitive basis to eligible 
        entities for the purpose of mitigating the effects of domestic 
        violence, dating violence, sexual assault, and stalking on 
        children exposed to such violence, and reducing the risk of 
        future victimization or perpetration of domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations, as defined in 
                section 2003 of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3796gg-2);
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year;
                    ``(C) awarding up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year; and
                    ``(D) awarding not less than 66 percent to programs 
                described in subsection (c)(1) from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used for--
            ``(1) programs that provide services for children exposed 
        to domestic violence, dating violence, sexual assault, or 
        stalking, which may include direct counseling, advocacy, or 
        mentoring, and must include support for the nonabusing parent 
        or the child's caretaker;
            ``(2) training and coordination for programs that serve 
        children and youth (such as Head Start, child care, and after-
        school programs) on how to safely and confidentially identify 
        children and families experiencing domestic violence and 
        properly refer them to programs that can provide direct 
        services to the family and children, and coordination with 
        other domestic violence or other programs serving children 
        exposed to domestic violence, dating violence, sexual assault, 
        or stalking that can provide the training and direct services 
        referenced in this subsection; or
            ``(3) advocacy within the systems that serve children to 
        improve the system's understanding of and response to children 
        who have been exposed to domestic violence and the needs of the 
        nonabusing parent.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a--
            ``(1) a victim service provider, tribal nonprofit 
        organization or community-based organization that has a 
        documented history of effective work concerning children or 
        youth exposed to domestic violence, dating violence, sexual 
        assault, or stalking, including programs that provide 
        culturally specific services, Head Start, child care, after 
        school programs, and health and mental health providers; or
            ``(2) a State, territorial, or tribal, or local unit of 
        government agency that is partnered with an organization 
        described in paragraph (1).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children who have been exposed to violence and their 
                nonabusing parent, enhance or ensure the safety and 
                security of children and their nonabusing parent in 
                homes already experiencing domestic violence, dating 
                violence, sexual assault, or stalking; and
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial and ethnic and 
                other underserved communities.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, providing 
additional information as the Director shall require.

``SEC. 41403. ENGAGING MEN, WOMEN, AND YOUTH IN PREVENTING DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Secretary of Health and Human Services, 
        shall award grants on a competitive basis to eligible entities 
        for the purpose of developing or enhancing programs related to 
        engaging men, women, and youth in preventing domestic violence, 
        dating violence, sexual assault, and stalking by helping them 
        to develop mutually respectful, nonviolent relationships.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations (as described in 
                section 40002);
                    ``(B) with respect to gender-specific programs 
                described under subsection (c)(1)(A), ensuring 
                reasonable distribution of funds to programs for boys 
                and programs for girls;
                    ``(C) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(D) awarding up to 8 percent for the funding of 
                technical assistance for grantees and non-grantees 
                working in this area and evaluation programs from the 
                amounts made available under this section for a fiscal 
                year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--
            ``(1) Programs.--The funds appropriated under this section 
        shall be used by eligible entities for--
                    ``(A) public education and community based 
                programs, including gender-specific programs in 
                accordance with applicable laws--
                            ``(i) to encourage children and youth to 
                        pursue only mutually respectful, nonviolent 
                        relationships and empower them to reduce their 
                        risk of becoming victims or perpetrators of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking; and
                            ``(ii) that include at a minimum--
                                    ``(I) information on domestic 
                                violence, dating violence, sexual 
                                assault, stalking, or child sexual 
                                abuse and how they affect children and 
                                youth; and
                                    ``(II) strategies to help 
                                participants be as safe as possible; or
                    ``(B) public education campaigns and community 
                organizing to encourage men and boys to work as allies 
                with women and girls to prevent domestic violence, 
                dating violence, stalking, and sexual assault conducted 
                by entities that have experience in conducting public 
                education campaigns that address domestic violence, 
                dating violence, sexual assault, or stalking.
            ``(2) Media limits.--No more than 25 percent of funds 
        received by a grantee under this section may be used to create 
        and distribute media materials.
    ``(d) Eligible Entities.--
            ``(1) Relationships.--Eligible entities under subsection 
        (c)(1)(A) are--
                    ``(A) nonprofit, nongovernmental domestic violence, 
                dating violence, sexual assault, or stalking victim 
                service providers or coalitions;
                    ``(B) community-based child or youth services 
                organizations with demonstrated experience and 
                expertise in addressing the needs and concerns of young 
                people;
                    ``(C) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A) or (B); or
                    ``(D) a program that provides culturally specific 
                services.
            ``(2) Awareness campaign.--Eligible entities under 
        subsection (c)(1)(B) are--
                    ``(A) nonprofit, nongovernmental organizations or 
                coalitions that have a documented history of creating 
                and administering effective public education campaigns 
                addressing the prevention of domestic violence, dating 
                violence, sexual assault or stalking; or
                    ``(B) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) describe in the application the policies and 
        procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and youth already experiencing domestic 
                violence, dating violence, sexual assault, or stalking 
                in their lives;
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial, ethnic, and 
                other underserved communities;
                    ``(C) inform participants about laws, services, and 
                resources in the community, and make referrals as 
                appropriate; and
                    ``(D) ensure that State and local domestic 
                violence, dating violence, sexual assault, and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, including an 
evaluation of funded programs and providing additional information as 
the Director shall require.

``SEC. 41404. DEVELOPMENT OF CURRICULA FOR HOME VISITATION PROJECTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Administration for Children, Youth, and 
        Families of the Department of Health and Human Services, shall 
        award grants on a competitive basis to eligible entities for 
        the purpose of developing or enhancing model curricula, 
        policies, and procedures to train home visitation service 
        providers to recognize and respond to signs of domestic 
        violence, dating violence, sexual assault, and stalking in 
        homes receiving home visitation services.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations (as described in 
                section 40002);
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(C) awarding up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used by eligible entities to develop or enhance model 
curricula, policies, and procedures to train home visitation service 
providers to recognize and respond to signs of domestic violence, 
dating violence, sexual assault, or stalking in homes receiving home 
visitation services.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a--
            ``(1) home visitation program that--
                    ``(A) has a documented history of providing 
                effective services to pregnant women and to young 
                children and their parent or primary caregiver that are 
                provided in the permanent or temporary residence or in 
                other familiar surroundings of the individual or family 
                receiving such services; and
                    ``(B) demonstrates a partnership with an 
                organization described in paragraph (2);
            ``(2) victim service provider, tribal nonprofit 
        organization, or community-based organization that--
                    ``(A) has a documented history of effective work 
                concerning women, men, and youth exposed to domestic 
                violence, dating violence, sexual assault, or stalking; 
                and
                    ``(B) demonstrates a partnership with an 
                organization described in paragraph (1); or
            ``(3) State, territorial, or tribal, or local unit of 
        government agency that is partnered with an organization 
        described in paragraphs (1) or (2).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and nonabusing parents who have been exposed 
                to violence,
                    ``(B) ensure linguistically, culturally, and 
                community relevant curricula for racial and ethnic and 
                other underserved communities;
                    ``(C) ensure that the curricula developed will 
                adequately train home visitation service providers to--
                            ``(i) recognize and respond to signs of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking in homes receiving home 
                        visitation services;
                            ``(ii) understand the impact of domestic 
                        violence or sexual assault on children and the 
                        protective actions taken by a nonabusing parent 
                        or caretaker in respond to such violence or 
                        assault; and
                            ``(iii) link new parents with existing 
                        community resources; and
                    ``(D) ensure that relevant State and local domestic 
                violence, dating violence, sexual assault, and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, providing 
additional information as the Director shall require.
    ``(g) Dissemination.--The Director shall widely disseminate and 
make available the model curricula, policies, and procedures developed 
through grants made under this section, including through electronic 
means, to grantees of the Office on Violence Against Women, as well as 
to domestic violence, dating violence, sexual assault, stalking, and 
home visitation service providers, coalitions, and agencies.

``SEC. 41405. DEMONSTRATION PROJECTS TO SUPPORT FAMILIES THROUGH HOME 
              VISITATION.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Administration for Children, Youth, and 
        Families of the Department of Health and Human Services, shall 
        award grants on a competitive basis to eligible entities for 
        the purpose of developing or enhancing services and programs to 
        prevent domestic violence, dating violence, sexual assault, and 
        stalking in the home, including assistance in developing strong 
        parenting skills.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations (as described in 
                section 40002);
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(C) awarding up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used by eligible entities to implement the model curricula, 
policies, and procedures developed under section 41404 of this title, 
including but not limited to training for grantee staff and enhancement 
of services for program participants.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a home visitation program that has a 
documented history of providing effective services to pregnant women 
and to young children and their parent or primary caregiver that are 
provided in the permanent or temporary residence or in other familiar 
surroundings of the individual or family receiving such services.
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and nonabusing parents who have been exposed 
                to violence;
                    ``(B) ensure linguistically, culturally, and 
                community relevant curricula for racial and ethnic and 
                other underserved communities;
                    ``(C) ensure the adequate training of home 
                visitation service providers to--
                            ``(i) recognize and respond to signs of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking in homes receiving home 
                        visitation services;
                            ``(ii) understand the impact of domestic 
                        violence or sexual assault on children and the 
                        protective actions taken by a nonabusing parent 
                        or caretaker in respond to such violence or 
                        assault; and
                            ``(iii) link new parents with existing 
                        community resources; and
                    ``(D) ensure that relevant State and local domestic 
                violence, dating violence, sexual assault and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, providing 
additional information as the Director shall require.

``SEC. 41406. DEVELOPMENT OF CURRICULA AND DEMONSTRATION PROJECTS TO 
              SUPPORT PRISONER RE-ENTRY AND MENTORING PROGRAMS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, shall award 
        grants on a competitive basis to eligible entities for the 
        purpose of developing or enhancing curricula, policies, 
        procedures, or programs related to prisoner re-entry or to 
        mentoring to help prisoners with a history of domestic 
        violence, dating violence, sexual assault, or stalking to 
        reconnect with their families and communities as appropriate, 
        and become mutually respectful, nonviolent parents or partners.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 3 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations (as described in 
                section 40002);
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of tribal projects from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(C) awarding up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used by eligible entities--
            ``(1) to develop model curricula, policies, and procedures 
        related to prisoner re-entry or to mentoring to help prisoners 
        with a history of domestic violence, dating violence, sexual 
        assault, or stalking reconnect with their families as 
        appropriate; or
            ``(2) to provide direct services, technical assistance, or 
        program evaluation, including but not limited to training for 
        program staff and enhancement of services for prisoners or 
        their families.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a--
            ``(1) prisoner re-entry program that--
                    ``(A) has a documented history of providing 
                effective services for prisoner re-entry or mentoring 
                of prisoners or the families or children of prisoners; 
                and
                    ``(B) demonstrates a partnership with an 
                organization described in paragraph (2);
            ``(2) victim service provider, tribal nonprofit 
        organization or community-based organization that--
                    ``(A) has a documented history of effective work 
                concerning women, men, and youth exposed to domestic 
                violence, dating violence, sexual assault, or stalking; 
                and
                    ``(B) demonstrates a partnership with an 
                organization described in paragraph (1); or
            ``(3) State, territorial, or tribal, or local unit of 
        government agency that is partnered with organizations 
        described in paragraphs (1) and (2).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and nonabusing parents who have been exposed 
                to violence,
                    ``(B) ensure linguistically, culturally, and 
                community relevant curricula for racial and ethnic and 
                other underserved communities;
                    ``(C) ensure that the curricula developed or the 
                training provided will--
                            ``(i) educate prisoners, and those who 
                        mentor prisoners or children of prisoners, on 
                        developing mutually respectful, nonviolent 
                        relationships once the prisoner returns to his 
                        or her community;
                            ``(ii) ensure that those who mentor 
                        children of prisoners receive adequate training 
                        on the potential risk that children who witness 
                        violence may become future victims or 
                        perpetrators of violence, and in recognizing 
                        the impact of exposure to violence on children; 
                        and
                    ``(D) ensure that relevant State and local domestic 
                violence, dating violence, sexual assault and stalking 
                victim service providers and coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section.
    ``(f) Reports.--An entity receiving a grant under this section 
shall prepare and submit to the Director every 18 months a report 
detailing the activities undertaken with grant funds, providing 
additional information as the Director shall require.
    ``(g) Dissemination.--The Director shall widely disseminate and 
make available the model curricula, policies, and procedures developed 
through grants made under this section, including through electronic 
means, to grantees of the Office on Violence Against Women, as well as 
to domestic violence, dating violence, sexual assault, stalking, and 
prisoner re-entry programs, coalitions, and agencies.''.

  TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC 
        VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

SEC. 501. PURPOSE.

    It is the purpose of this title to improve the health care system's 
response to domestic violence, dating violence, sexual assault, and 
stalking through the training and education of health care providers, 
developing comprehensive public health responses to violence.

SEC. 502. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN DOMESTIC 
              AND SEXUAL VIOLENCE.

    Part D of title VII of the Public Health Service Act (42 U.S.C. 294 
et seq.) is amended by adding at the end the following:

``SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC 
              VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE.

    ``(a) Grants.--The Secretary, acting through the Director of the 
Health Resources and Services Administration, shall award grants under 
this section to develop interdisciplinary training and education 
programs that provide undergraduate, graduate, post-graduate medical, 
nursing (including advanced practice nursing students), and other 
health professions students with an understanding of, and clinical 
skills pertinent to, domestic violence, sexual assault, stalking, and 
dating violence.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section an entity shall--
            ``(1) be an accredited school of allopathic or osteopathic 
        medicine;
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    ``(A) information to demonstrate that the applicant 
                includes the meaningful participation of a school of 
                nursing and at least one other school of health 
                professions or graduate program in public health, 
                dentistry, social work, midwifery, or behavioral and 
                mental health;
                    ``(B) strategies for the dissemination and sharing 
                of curricula and other educational materials developed 
                under the grant to other interested medical and nursing 
                schools and national resource repositories for 
                materials on domestic violence and sexual assault; and
                    ``(C) a plan for consulting with, and compensating 
                community-based coalitions or individuals who have 
                experience and expertise in issues related to domestic 
                violence, sexual assault, dating violence, and stalking 
                for services provided under the program carried out 
                under the grant.
    ``(c) Use of Funds.--
            ``(1) Required uses.--Amounts provided under a grant under 
        this section shall be used to--
                    ``(A) fund interdisciplinary training and education 
                projects that are designed to train medical, nursing, 
                and other health professions students and residents to 
                identify and provide health care services (including 
                mental or behavioral health care services and referrals 
                to appropriate community services) to individuals who 
                are or who have experienced domestic violence, sexual 
                assault, and stalking or dating violence; and
                    ``(B) plan and develop culturally competent 
                clinical components for integration into approved 
                residency training programs that address health issues 
                related to domestic violence, sexual assault, dating 
                violence, and stalking, along with other forms of 
                violence as appropriate, and include the primacy of 
                victim safety and confidentiality.
            ``(2) Permissive uses.--Amounts provided under a grant 
        under this section may be used to--
                    ``(A) offer community-based training opportunities 
                in rural areas for medical, nursing, and other students 
                and residents on domestic violence, sexual assault, 
                stalking, and dating violence, and other forms of 
                violence and abuse, which may include the use of 
                distance learning networks and other available 
                technologies needed to reach isolated rural areas; or
                    ``(B) provide stipends to students from racial and 
                ethnic population groups who are underrepresented in 
                the health professions as necessary to promote and 
                enable their participation in clerkships, 
                preceptorships, or other offsite training experiences 
                that are designed to develop health care clinical 
                skills related to domestic violence, sexual assault, 
                dating violence, and stalking.
            ``(3) Requirements.--
                    ``(A) Confidentiality and safety.--Grantees under 
                this section shall ensure that all educational programs 
                developed with grant funds address issues of 
                confidentiality and patient safety, and that faculty 
                and staff associated with delivering educational 
                components are fully trained in procedures that will 
                protect the immediate and ongoing security of the 
                patients, patient records, and staff. Advocacy-based 
                coalitions or other expertise available in the 
                community shall be consulted on the development and 
                adequacy of confidentially and security procedures, and 
                shall be fairly compensated by grantees for their 
                services.
                    ``(B) Rural programs.--Rural training programs 
                carried out under paragraph (2)(A) shall reflect 
                adjustments in protocols and procedures or referrals 
                that may be needed to protect the confidentiality and 
                safety of patients who live in small or isolated 
                communities and who are currently or have previously 
                experienced violence or abuse.
            ``(4) Child and elder abuse.--Issues related to child and 
        elder abuse may be addressed as part of a comprehensive 
        programmatic approach implemented under a grant under this 
        section.
    ``(d) Requirements of Grantees.--
            ``(1) Limitation on administrative expenses.--A grantee 
        shall not use more than 10 percent of the amounts received 
        under a grant under this section for administrative expenses.
            ``(2) Contribution of funds.--A grantee under this section, 
        and any entity receiving assistance under the grant for 
        training and education, shall contribute non-Federal funds, 
        either directly or through in-kind contributions, to the costs 
        of the activities to be funded under the grant in an amount 
        that is not less than 25 percent of the total cost of such 
        activities.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $3,000,000 for each of fiscal 
years 2006 through 2010. Amounts appropriated under this subsection 
shall remain available until expended.''.

SEC. 503. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 
              GRANTS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    ``(a) Authority to Award Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall award grants to eligible State, tribal, territorial, or 
        local entities to strengthen the response of State, tribal, 
        territorial, or local health care systems to domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(2) Eligible entities.--To be eligible to receive a grant 
        under this section, an entity shall--
                    ``(A) be--
                            ``(i) a State department (or other 
                        division) of health, a State domestic or sexual 
                        assault coalition or service-based program, or 
                        any other nonprofit, nongovernmental, tribal, 
                        territorial, or State entity with a history of 
                        effective work in the fields of domestic 
                        violence, dating violence, sexual assault or 
                        stalking, and health care; or
                            ``(ii) a nonprofit domestic violence, 
                        dating violence, sexual assault, or stalking 
                        service-based program, a local department (or 
                        other division) of health, a local health 
                        clinic, hospital, or health system, or any 
                        other nonprofit, tribal, or local entity with a 
                        history of effective work in the field of 
                        domestic or sexual violence and health;
                    ``(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such agreements, assurances, and information 
                as the Secretary determines to be necessary to carry 
                out the purposes for which the grant is to be made; and
                    ``(C) demonstrate that the entity is representing a 
                team of organizations and agencies working 
                collaboratively to strengthen the response of the 
                health care system involved to domestic violence, 
                dating violence, sexual assault, or stalking and that 
                such team includes domestic violence, dating violence, 
                sexual assault or stalking and health care 
                organizations.
            ``(3) Duration.--A program conducted under a grant awarded 
        under this section shall not exceed 3 years.
    ``(b) Use of Funds.--
            ``(1) In general.--An entity shall use amounts received 
        under a grant under this section to design and implement 
        comprehensive strategies to improve the response of the health 
        care system involved to domestic or sexual violence in clinical 
        and public health settings, hospitals, clinics, managed care 
        settings (including behavioral and mental health), and other 
        health settings.
            ``(2) Mandatory strategies.--Strategies implemented under 
        paragraph (1) shall include the following:
                    ``(A) The implementation, dissemination, and 
                evaluation of policies and procedures to guide health 
                care professionals and behavioral and public health 
                staff in responding to domestic violence, dating 
                violence, sexual assault, and stalking, including 
                strategies to ensure that health information is 
                maintained in a manner that protects the patient's 
                privacy and safety and prohibits insurance 
                discrimination.
                    ``(B) The development of on-site access to services 
                to address the safety, medical, mental health, and 
                economic needs of patients either by increasing the 
                capacity of existing health care professionals and 
                behavioral and public health staff to address domestic 
                violence, dating violence, sexual assault, and 
                stalking, by contracting with or hiring domestic or 
                sexual assault advocates to provide the services, or to 
                model other services appropriate to the geographic and 
                cultural needs of a site.
                    ``(C) The development or adaptation and 
                dissemination of education materials for patients and 
                health care professionals and behavioral and public 
                health staff.
                    ``(D) The evaluation of practice and the 
                institutionalization of identification, intervention, 
                and documentation including quality improvement 
                measurements.
            ``(3) Permissive strategies.--Strategies implemented under 
        paragraph (1) may include the following:
                    ``(A) Where appropriate, the development of 
                training modules and policies that address the overlap 
                of child abuse, domestic violence, dating violence, 
                sexual assault, and stalking and elder abuse as well as 
                childhood exposure to domestic violence.
                    ``(B) The creation, adaptation, and implementation 
                of public education campaigns for patients concerning 
                domestic violence, dating violence, sexual assault, and 
                stalking prevention.
                    ``(C) The development, adaptation, and 
                dissemination of domestic violence, dating violence, 
                sexual assault, and stalking education materials to 
                patients and health care professionals and behavioral 
                and public health staff.
                    ``(D) The promotion of the inclusion of domestic 
                violence, dating violence, sexual assault, and stalking 
                into health professional training schools, including 
                medical, dental, nursing school, social work, and 
                mental health curriculum.
                    ``(E) The integration of domestic violence, dating 
                violence, sexual assault, and stalking into health care 
                accreditation and professional licensing examinations, 
                such as medical, dental, social work, and nursing 
                boards.
    ``(c) Allocation of Funds.--Funds appropriated under this section 
shall be distributed equally between State and local programs.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to award grants under this section, $5,000,000 for each of 
fiscal years 2006 through 2010.''.

SEC. 504. IMPROVING FEDERAL HEALTH PROGRAMS' RESPONSE TO DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    (a) Training Grants Under the Maternal and Child Health Services 
Block Grant.--
            (1) Preference in certain funding.--Section 502(b)(2) of 
        the Social Security Act (42 U.S.C. 702(b)(2)) is amended by 
        adding at the end the following:
    ``(C) Of the amounts retained for projects described in 
subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall 
provide preference to qualified applicants that demonstrate that the 
activities to be carried out with such amounts include training of 
service providers in how to identify and treat the health effects of 
domestic violence, dating violence, sexual assault, or stalking, 
including children who have been exposed to domestic or dating 
violence. Such training should include--
            ``(i) identifying patients of clients experiencing domestic 
        violence, dating violence sexual assault, or stalking;
            ``(ii) assessing the immediate and short-term safety of the 
        patient or client, the impact of the abuse on the health of the 
        patient, and assisting the patient in developing a plan to 
        promote his or her safety;
            ``(iii) examining and treating such patients or clients 
        within the scope of the health professional's discipline, 
        training, and practice (including providing medical advice 
        regarding the dynamics and nature of domestic violence, dating 
        violence sexual assault, or stalking);
            ``(iv) maintaining complete medical or forensic records 
        that include the documentation of the examination, treatment 
        given, and referrals made, and recording the location and 
        nature of the victim's injuries, and establishing mechanisms to 
        ensure the privacy and confidentiality of those medical 
        records;
            ``(v) referring the patient or client to public and private 
        nonprofit entities that provide services for such victims; and
            ``(vi) ensuring that all services are provided in a 
        linguistically and culturally relevant manner.''.
            (2) Requirement for portion of expenditures on domestic 
        violence identification and treatment.--Section 505(a)(5) of 
        the Social Security Act (42 U.S.C. 705(a)(5)) is amended--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period and 
                inserting ``; and''; and
                    (C) by inserting after subparagraph (F), the 
                following:
                    ``(G) the State will set aside a reasonable portion 
                (based upon the State's previous use of funds under 
                this title) of the funds provided for domestic 
                violence, dating violence, sexual assault, or stalking 
                services.''.
            (3) Reporting data.--Section 506(a)(2) of the Social 
        Security Act (42 U.S.C. 706(a)(2)) is amended by inserting 
        after subparagraph (E) the following:
            ``(F) Information on how funds provided under this title 
        are used to identify and treat domestic violence, dating 
        violence, sexual assault, or stalking.''.
            (4) Separate program for domestic violence, dating 
        violence, sexual assault, and stalking identification and 
        treatment.--Title V of the Social Security Act (42 U.S.C. 701 
        et seq.) is amended by adding at the end the following:

``SEC. 511. SEPARATE PROGRAM FOR DOMESTIC VIOLENCE, DATING VIOLENCE, 
              SEXUAL ASSAULT AND STALKING SCREENING AND TREATMENTS.

    ``(a) Allotments.--For the purpose described in subsection (b), the 
Secretary shall, for fiscal year 2006 and each subsequent fiscal year, 
allot to each State that has transmitted an application for the fiscal 
year under section 505(a) an amount equal to the product of--
            ``(1) the amount appropriated under subsection (d) for the 
        fiscal year; and
            ``(2) the percentage determined for the State under section 
        502(c)(1)(B)(ii).
    ``(b) Purpose.--The purpose of an allotment under subsection (a) 
with respect to a State is to enable the State to provide for domestic 
violence, dating violence, sexual assault, or stalking identification 
and treatment, including the provision of domestic violence, dating 
violence, sexual assault, or stalking identification, treatment 
services, increasing the number of persons identified, assessed, 
treated, and referred, and including training of health care 
professionals, and behavioral and public health staff, on how to 
identify and respond to adult and minor patients experiencing domestic 
violence, dating violence, sexual assault, or stalking. Such training 
shall include--
            ``(1) identifying patients of clients experiencing domestic 
        violence, dating violence sexual assault, or stalking;
            ``(2) assessing the immediate and short-term safety of the 
        patient or client, the impact of the abuse on the health of the 
        patient, and assisting the patient in developing a plan to 
        promote his or her safety;
            ``(3) examining and treating such patients or clients 
        within the scope of the health professional's discipline, 
        training, and practice (including providing medical advice 
        regarding the dynamics and nature of domestic violence, dating 
        violence sexual assault, or stalking);
            ``(4) maintaining complete medical or forensic records that 
        include the documentation of the examination, treatment given, 
        and referrals made, and recording the location and nature of 
        the victim's injuries, and establishing mechanisms to ensure 
        the privacy and confidentiality of those medical records;
            ``(5) referring the patient or client to public and private 
        nonprofit entities that provide services for such victims; and
            ``(6) ensuring that all services are provided in a 
        linguistically and culturally relevant manner.
    ``(c) Application of Provisions.--
            ``(1) In general.--Sections 503, 507, and 508 apply to 
        allotments under subsection (a) to the same extent and in the 
        same manner as such sections apply to allotments under section 
        502(c).
            ``(2) Secretarial discretion.--Sections 505 and 506 apply 
        to allotments under subsection (a) to the extent determined by 
        the Secretary to be appropriate.
    ``(d) Authorization of Appropriations.--For the purpose of making 
allotments under subsection (a), there are authorized to be 
appropriated $4,000,000 for each of fiscal years 2006 through 2010.''.
    (b) Domestic Violence, Dating Violence, Sexual Assault, and 
Stalking Identification and Treatment Services at Community Health 
Centers.--Part P of title III of the Public Health Service Act (42 
U.S.C. 280g et seq.), as amended by section 504, is further amended by 
adding at the end the following:

``SEC. 399P-1. DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND 
              STALKING PREVENTION, IDENTIFICATION, AND TREATMENT 
              GRANTS.

    ``(a) Grants Authorized.--The Secretary is authorized to award 
grants to eligible entities to improve the identification and treatment 
of domestic violence, dating violence, sexual assault, or stalking.
    ``(b) Use of Funds.--Grants awarded under subsection (a) may be 
used for activities such as--
            ``(1) the implementation, dissemination, and evaluation of 
        policies and procedures to guide health care and behavioral 
        health care professionals and other staff responding to 
        domestic violence, dating violence, sexual assault, or 
        stalking;
            ``(2) the provision of training and follow-up technical 
        assistance to health care professionals and staff to identify 
        domestic violence, dating violence, sexual assault, or 
        stalking, and to appropriately assess, treat, and refer 
        patients who are victims of domestic violence, dating violence, 
        sexual assault, or stalking; and
            ``(3) the development of on-site access to services to 
        address the safety, medical, mental health, and economic needs 
        of patients either by increasing the capacity of existing 
        health care professionals and staff to address these issues or 
        by contracting with or hiring domestic violence or sexual 
        assault advocates to provide the services, or by developing 
        other models appropriate to the geographic, cultural, and 
        linguistic needs of a site.
    ``(c) Eligibility.--To be eligible for a grant under this section, 
an entity shall--
            ``(1) be a federally qualified health center as defined in 
        section 1861(aa)(4) of the Social Security Act (42 U.S.C. 
        1395x(aa)(4)); and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may require.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $4,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTHCARE 
              SETTING.

    Subtitle B of the Violence Against Women Act of 1994 (Public Law 
103-322; 108 Stat. 1902 et seq.), as amended by the Violence Against 
Women Act of 2000 (114 Stat. 1491 et seq.), and as amended by this Act, 
is further amended by adding at the end the following:

 ``CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE 
                             AGAINST WOMEN

``SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTH CARE 
              SETTING.

    ``(a) Purpose.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and the Director of the 
Agency for Healthcare Research and Quality, shall award grants and 
contracts to fund research on effective interventions in the health 
care setting that prevent domestic violence, dating violence, and 
sexual assault across the lifespan and that prevent the health effects 
of such violence and improve the safety and health of individuals who 
are currently being victimized.
    ``(b) Use of Funds.--Research conducted with amounts received under 
a grant or contract under this section shall include the following:
            ``(1) With respect to the authority of the Centers for 
        Disease Control and Prevention--
                    ``(A) research on the effects of domestic violence, 
                dating violence, sexual assault, and childhood exposure 
                to domestic, dating, or sexual violence, on health 
                behaviors, health conditions, and the health status of 
                individuals, families, and populations; and
                    ``(B) research and testing of best messages and 
                strategies to mobilize public action concerning the 
                prevention of domestic, dating, or sexual violence; and
            ``(2) With respect to the authority of the Agency for 
        Healthcare Research and Quality--
                    ``(A) research on the impact on the health care 
                system, health care utilization, health care costs, and 
                health status of domestic and dating violence and 
                childhood exposure to domestic and dating violence; and
                    ``(B) research on effective interventions within 
                primary care and emergency health care settings and 
                with health care settings that include clinical 
                partnerships within community domestic violence 
                providers for adults and children exposed to domestic 
                or dating violence.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $5,000,000 for each of fiscal 
years 2006 through 2010.''.

   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.

    The Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) is 
amended by adding at the end the following:

   ``Subtitle O--Addressing the Housing Needs of Victims of Domestic 
        Violence, Dating Violence, Sexual Assault, and Stalking

``SEC. 41501. PURPOSE.

    ``The purpose of this subtitle is to reduce domestic violence, 
dating violence, sexual assault, and stalking, and to prevent 
homelessness by--
            ``(1) protecting the safety of victims of domestic 
        violence, dating violence, sexual assault, and stalking who 
        reside in homeless shelters, public housing, assisted housing, 
        Indian housing, or other emergency, transitional, permanent, or 
        affordable housing, and ensuring that such victims have 
        meaningful access to the criminal justice system without 
        jeopardizing such housing;
            ``(2) creating long-term housing solutions that develop 
        communities and provide sustainable living solutions for 
        victims of domestic violence, dating violence, sexual assault, 
        and stalking;
            ``(3) building collaborations between and victim service 
        providers, homeless service providers, housing providers, and 
        housing agencies to provide appropriate services, 
        interventions, and training to address the housing needs of 
        victims of domestic violence, dating violence, sexual assault 
        and stalking; and
            ``(4) enabling public and assisted housing agencies, Indian 
        housing authorities, private landlords, property management 
        companies, and other housing providers and agencies to respond 
        appropriately to domestic violence, dating violence, sexual 
        assault, and stalking, while maintaining a safe environment for 
        all housing residents.

``SEC. 41502. DEFINITIONS.

    ``For purposes of this subtitle--
            ``(1) the term `assisted housing' means housing assisted--
                    ``(A) under section 221(d)(3), section 221(d)(4), 
                or section 236 of the National Housing Act (12 U.S.C. 
                1715l(d)(3), (d)(4), or 1715z-1);
                    ``(B) under section 101 of the Housing and Urban 
                Development Act of 1965 (12 U.S.C. 1701s); or
                    ``(C) under section 8 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f);
            ``(2) the term `continuum of care' means a community plan 
        developed to organize and deliver housing and services to meet 
        the specific needs of people who are homeless as they move to 
        stable housing and achieve maximum self-sufficiency;
            ``(3) the term `Indian housing' means housing assistance 
        described in the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4101 et seq.);
            ``(4) the term `low-income housing assistance voucher' 
        means housing assistance described in section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f);
            ``(5) the term `public housing' means housing described in 
        section 3(b)(1) of the United States Housing Act of 1937 (42 
        U.S.C. 1437a(b)(1));
            ``(6) the term `public housing agency' means an agency 
        described in section 3(b)(6) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(6)); and
            ``(7) the term `homeless service provider' means a 
        nonprofit, nongovernmental homeless service provider, such as a 
        homeless shelter, a homeless service or advocacy program, a 
        tribal organization serving homeless individuals, or coalition 
        or other nonprofit, nongovernmental organization carrying out a 
        community-based homeless or housing program that has a 
        documented history of effective work concerning homelessness.

``SEC. 41503. COLLABORATIVE GRANTS TO DEVELOP LONG-TERM HOUSING FOR 
              VICTIMS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary of Health and Human 
        Services, acting through the Administration on Children, Youth 
        and Families (`ACYF'), and in consultation with the Secretary 
        of Housing and Urban Development, shall award grants and 
        contracts for a period of not less than 3 years to eligible 
        entities to develop long-term housing options for adult and 
        minor victims of domestic violence, dating violence, sexual 
        assault, and stalking who are currently homeless or at risk for 
        becoming homeless.
            ``(2) Amount.--The Secretary of Health and Human Services 
        shall award--
                    ``(A) grants for projects that do not include the 
                cost of construction in amounts--
                            ``(i) not less than $50,000 per year; and
                            ``(ii) not more than $350,000 per year; and
                    ``(B) grants for projects that do include the cost 
                of construction in amounts--
                            ``(i) not less than $150,000 per year; and
                            ``(ii) not more than $1,000,000 per year.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall demonstrate that it is a coalition or 
partnership, applying jointly, that--
            ``(1) shall include a domestic violence service provider;
            ``(2) shall include--
                    ``(A) a homeless service provider;
                    ``(B) a nonprofit, nongovernmental community 
                housing development organization or a Department of 
                Agriculture rural housing service program; or
                    ``(C) in the absence of a homeless service provider 
                on tribal lands or nonprofit, nongovernmental community 
                housing development organization on tribal lands, an 
                Indian housing authority or Tribal housing consortium;
            ``(3) may include a dating violence, sexual assault, or 
        stalking victim service provider;
            ``(4) may include housing developers, housing corporations, 
        State housing finance agencies, other housing agencies, and 
        associations representing landlords;
            ``(5) may include a public housing agency or Indian housing 
        authority;
            ``(6) may include tenant organizations in public or Indian 
        housing, as well as nonprofit, nongovernmental tenant 
        organizations;
            ``(7) may include other nonprofit, nongovernmental 
        organizations participating in the Department of Housing and 
        Urban Development's Continuum of Care process;
            ``(8) may include a State, tribal, territorial, or local 
        government or government agency; and
            ``(9) may include any other such agencies or nonprofit, 
        nongovernmental organizations, including religious and 
        community based organizations, with the capacity to provide 
        effective help to adult and minor victims of domestic violence, 
        dating violence, sexual assault, or stalking.
    ``(c) Application.--
            ``(1) In general.--Each eligible entity seeking a grant 
        under this section shall submit an application to the Secretary 
        of Health and Human Services at such time, in such manner, and 
        containing such information as the Secretary of Health and 
        Human Services may require.
            ``(2) Contents.--Each application shall describe how long-
        term housing options and other activities, services, and 
        programs for which assistance under this section is sought will 
        help deconcentrate poverty and how they will be developed and 
        implemented with the input of current or former homeless 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking.
    ``(d) Use of Funds.--Grants and contracts awarded to eligible 
entities pursuant to subsection (a) shall be used to design or 
replicate and implement new activities, services, and programs to 
develop long-term housing options for adult and minor victims of 
domestic violence, dating violence, sexual assault, or stalking, and 
their dependents, who are currently homeless or at risk of becoming 
homeless. Such activities, services, or programs--
            ``(1) shall participate in the Department of Housing and 
        Urban Development's Continuum of Care process, unless such a 
        process does not exist in the community to be served;
            ``(2) shall develop sustainable long-term housing in the 
        community by--
                    ``(A) coordinating efforts and resources among the 
                various groups and organizations comprised in the 
                entity to access existing private and public funding;
                    ``(B) placing individuals and families in long-term 
                housing; and
                    ``(C) providing services to help individuals or 
                families find and maintain long-term housing, including 
                financial and support assistance;
            ``(3) may provide capital costs for the purchase, 
        preconstruction, construction, renovation, repair, or 
        conversion of affordable housing units;
            ``(4) may use funds for the continuing operation, upkeep, 
        maintenance, and use of housing described in paragraph (3); and
            ``(5) may provide to the community information about 
        housing and housing programs, and the process to locate and 
        obtain long-term housing.
    ``(e) Underserved Populations and Priorities.--In awarding grants 
under this section, the Secretary of Health and Human Services, acting 
through the ACYF, shall--
            ``(1) give priority to culturally specific services;
            ``(2) give priority to applications from entities that 
        include a sexual assault service provider as described in 
        subsection (b)(3);
            ``(3) award a minimum of 15 percent of the funds 
        appropriated under this section in any fiscal year to tribal 
        organizations; and
            ``(4) ensure that at least 2 of the grants awarded under 
        paragraph (3) must fund projects that include construction.
    ``(f) Reports.--Every 18 months, each entity shall, in cooperation 
and coordination with all members of the entity, submit a report to the 
Secretary of Health and Human Services.
    ``(g) Definitions.--For purposes of this section--
            ``(1) the term `long-term housing' means housing that is 
        sustainable, affordable, and safe for the foreseeable future 
        and is--
                    ``(A) rented or owned by the individual;
                    ``(B) subsidized by a voucher or other program 
                which is not time-limited and is available for as long 
                as the individual meets the eligibility requirements 
                for the voucher or program; or
                    ``(C) provided directly by a program, agency, or 
                organization and is not time-limited and is available 
                for as long as the individual meets the eligibility 
                requirements for the program, agency, or organization; 
                and
            ``(2) the term `affordable housing' means housing that 
        complies with the conditions set forth in section 215 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        12745).
    ``(h) Evaluation, Monitoring, Administration, and Technical 
Assistance.--For purposes of this section--
            ``(1) up to 3 percent of the funds appropriated under 
        subsection (i) for each fiscal year may be used by the 
        Secretary of Health and Human Services for evaluation, 
        monitoring, and administration costs under this section; and
            ``(2) up to 8 percent of the funds appropriated under 
        subsection (i) for each fiscal year may be used to provide 
        technical assistance to grantees under this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out the provisions of this section.

``SEC. 41504. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, 
              SEXUAL ASSUALT, AND STALKING IN PUBLIC AND ASSISTED 
              HOUSING.

    ``(a) Purpose.--It is the purpose of this section to assist 
eligible grantees in responding appropriately to domestic violence, 
dating violence, sexual assault, and stalking so that the status of 
being a victim of such a crime is not a reason for the denial or loss 
of housing. Such assistance shall be accomplished through--
            ``(1) development and implementation of appropriate housing 
        policies and practices;
            ``(2) enhancement of collaboration with victim service 
        providers and tenant organizations; and
            ``(3) reduction of the number of victims of such crimes who 
        are evicted or denied housing because of crimes and lease 
        violations committed or directly caused by the perpetrators of 
        such crimes.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Violence Against Women Office of the Department 
        of Justice (`Director'), and in consultation with the Secretary 
        of Housing and Urban Development (`Secretary'), and the 
        Secretary of Health and Human Services, acting through the 
        Administration for Children, Youth and Families (`ACYF'), shall 
        award grants and contracts for not less than 3 years to 
        eligible grantees to promote the full and equal access to and 
        use of housing by adult and minor victims of domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(2) Amounts.--Not less than 15 percent of the funds 
        appropriated to carry out this section shall be available for 
        grants to Indian housing authorities.
            ``(3) Award basis.--The Attorney General shall award grants 
        and contracts under this section on a competitive basis.
            ``(4) Limitation.--Appropriated funds may be used only for 
        the purposes described in subsections (f) and (i).
    ``(c) Eligible Grantees.--
            ``(1) In general.--Eligible grantees are--
                    ``(A) public housing agencies;
                    ``(B) principally managed public housing resident 
                management corporations, as determined by the 
                Secretary;
                    ``(C) public housing projects owned by public 
                housing agencies;
                    ``(D) agencies and authorities receiving assistance 
                under the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
                    ``(E) private, for-profit, and nonprofit owners or 
                managers of assisted housing.
            ``(2) Submission required for all grantees.--To receive 
        assistance under this section, an eligible grantee shall 
        certify that--
                    ``(A) its policies and practices do not prohibit or 
                limit a resident's right to summon police or other 
                emergency assistance in response to domestic violence, 
                dating violence, sexual assault, or stalking;
                    ``(B) programs and services are developed that give 
                a preference in admission to adult and minor victims of 
                such violence, consistent with local housing needs, and 
                applicable law and the Secretary's instructions;
                    ``(C) it does not discriminate against any person--
                            ``(i) because that person is or is 
                        perceived to be, or has a family or household 
                        member who is or is perceived to be, a victim 
                        of such violence; or
                            ``(ii) because of the actions or threatened 
                        actions of the individual who the victim, as 
                        certified in subsection (e), states has 
                        committed or threatened to commit acts of such 
                        violence against the victim, or against the 
                        victim's family or household member;
                    ``(D) plans are developed that establish meaningful 
                consultation and coordination with local victim service 
                providers, tenant organizations, culturally specific 
                service providers, State domestic violence and sexual 
                assault coalitions, and, where they exist, tribal 
                domestic violence and sexual assault coalitions; and
                    ``(E) its policies and practices will be in 
                compliance with those described in this paragraph 
                within the later of 2 years or a period selected by the 
                Attorney General in consultation with the Secretary and 
                ACYF.
    ``(d) Application.--Each eligible entity seeking a grant under this 
section shall submit an application to the Attorney General at such a 
time, in such a manner, and containing such information as the Attorney 
General may require.
    ``(e) Certification.--
            ``(1) In general.--A public housing agency, Indian housing 
        authority, or assisted housing provider receiving funds under 
        this section may request that an individual claiming relief 
        under this section certify that the individual is a victim of 
        domestic violence, dating violence, sexual assault, or 
        stalking. The individual shall provide a copy of such 
        certification to the public housing agency, Indian housing 
        authority, or assisted housing provider within a reasonable 
        period of time after the agency or authority requests such 
        certification.
            ``(2) Contents.--An individual may satisfy the 
        certification requirement of paragraph (1) by--
                    ``(A) providing the public housing agency, Indian 
                housing authority, or assisted housing provider with 
                documentation, signed by an employee, agent, or 
                volunteer of a victim service provider, an attorney, a 
                member of the clergy, a medical professional, or any 
                other professional from whom the victim has sought 
                assistance in addressing domestic violence, dating 
                violence, sexual assault, or stalking or the effects of 
                abuse; or
                    ``(B) producing a Federal, State, tribal, 
                territorial, or local police or court record.
            ``(3) Limitation.--Nothing in this subsection shall be 
        construed to require any housing agency, assisted housing 
        provider, Indian housing authority, owner, or manager to demand 
        that an individual produce official documentation or physical 
        proof of the individual's status as a victim of domestic 
        violence, dating violence, sexual assault, or stalking, in 
        order to receive any of the benefits provided in this section. 
        A housing authority may provide benefits to an individual based 
        solely on the individual's statement or other corroborating 
        evidence.
            ``(4) Confidentiality.--
                    ``(A) In general.--All information provided to any 
                housing agency, assisted housing provider, Indian 
                housing authority, owner, or manager pursuant to 
                paragraph (1), including the fact that an individual is 
                a victim of domestic violence, dating violence, sexual 
                assault, or stalking, shall be retained in the 
                strictest confidence by such housing authority, and 
                shall neither be entered into any shared database, nor 
                provided to any related housing agency, assisted 
                housing provider, Indian housing authority, owner, or 
                manager, except to the extent that disclosure is--
                            ``(i) requested or consented to by the 
                        individual in writing; or
                            ``(ii) otherwise required by applicable 
                        law.
                    ``(B) Notification.--An individual shall be 
                notified of the limits of such confidentiality and 
                informed in advance about circumstances in which the 
                housing agency, assisted housing provider, Indian 
                housing authority, owner, or manager will be compelled 
                to disclose the individual's information.
    ``(f) Use of Funds.--Grants and contracts awarded pursuant to 
subsection (a) shall provide to eligible entities personnel, training, 
and technical assistance to develop and implement policies, practices, 
and procedures, making physical improvements or changes, and developing 
or enhancing collaborations for the purposes of--
            ``(1) enabling victims of domestic violence, dating 
        violence, sexual assault, and stalking with otherwise 
        disqualifying rental, credit, or criminal histories to be 
        eligible to obtain housing or housing assistance, if such 
        victims would otherwise qualify for housing or housing 
        assistance and can provide documented evidence information that 
        demonstrates the causal connection between such violence or 
        abuse and the victims' negative histories;
            ``(2) permitting applicants for housing or housing 
        assistance to provide incomplete rental and employment 
        histories, otherwise required as a condition of admission or 
        assistance, if the victim believes that providing such rental 
        and employment history would endanger the victim's or the 
        victim's children safety;
            ``(3) protecting victims' confidentiality, including 
        protection of victims' personally identifying information, 
        address, or rental history;
            ``(4) assisting victims who need to leave a public housing, 
        Indian housing, or assisted housing unit quickly to protect 
        their safety, including those who are seeking transfer to a new 
        public housing unit, Indian housing or assisted housing unit, 
        whether in the same or a different neighborhood or 
        jurisdiction;
            ``(5) enabling the public housing agency, Indian housing 
        authority, or assisted housing provider, or the victim to 
        remove consistent with applicable State law the perpetrator of 
        domestic violence, dating violence, sexual assault, or stalking 
        without evicting, removing, or otherwise penalizing the victim;
            ``(6) enabling the public housing agency, Indian housing 
        authority, or assisted housing provider to comply with court 
        orders, including civil protection orders issued to protect the 
        victim, when notified and issued to address the distribution or 
        possession of property among the household members in cases 
        where a family breaks up;
            ``(7) developing and implementing more effective security 
        policies, protocols, and services;
            ``(8) allotting not more than 15 percent of funds awarded 
        under the grant to make physical improvements or changes;
            ``(9) training all personnel to more effectively identify 
        and respond to victims of domestic violence, dating violence, 
        sexual assault, and stalking; and
            ``(10) effectively providing notice to applicants and 
        residents of the above housing policies, practices, and 
        procedures.
    ``(g) Reports.--Each eligible entity receiving funds under this 
section shall submit a report to the Attorney General evaluating the 
effectiveness of the activities, services, and programs developed with 
the funds provided under this section and containing such additional 
information as the Attorney General may prescribe.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out the provisions of this section.
    ``(i) Technical Assistance.--Up to 12 percent of the amount 
appropriated under subsection (h) for each fiscal year shall be used by 
the Attorney General for technical assistance costs under this section. 
Technical assistance may be provided to entities that have not received 
a grant under this section but are described as eligible in subsection 
(c).''.

SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF 
              DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR 
              STALKING.

    (a) In General.--Section 40299 of the Violence Against Women Act of 
1994 (42 U.S.C. 13975) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``the Department of Housing and 
                Urban Development, and the Department of Health and 
                Human Services,'' after ``Department of Justice,'';
                    (B) by striking ``Indian tribes'' and inserting 
                ``tribal organizations'';
                    (C) by inserting ``, including domestic violence 
                victim service providers, domestic violence coalitions, 
                other nonprofit, nongovernmental organizations, or 
                community-based and culturally specific organizations, 
                that have a documented history of effective work 
                concerning domestic violence, dating violence, sexual 
                assault, or stalking'' after ``other organizations''; 
                and
                    (D) in paragraph (1), by inserting ``, dating 
                violence, sexual assault, or stalking'' after 
                ``domestic violence'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively;
                    (B) in paragraph (3), as redesignated, by inserting 
                ``, dating violence, sexual assault, or stalking'' 
                after ``violence'';
                    (C) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) transitional housing, or acquire land or buildings, 
        or rehabilitate or construct buildings for the purpose of 
        providing transitional housing to persons described in 
        subsection (a), including funding for--
                    ``(A) the predevelopment cost and capital expenses 
                involved in the development of transitional housing; 
                and
                    ``(B) the operating expenses of newly developed or 
                existing transitional housing.'';
                    (D) in paragraph (3)(B) as redesignated, by 
                inserting ``Participation in the support services shall 
                be voluntary. Receipt of the benefits of the housing 
                assistance described in paragraph (2) shall not be 
                conditioned upon the participation of the minors, 
                adults, or their dependents in any or all of the 
                support services offered them.'' after ``assistance.''; 
                and
                    (E) by adding at the end the following new 
                paragraph:
            ``(4) Amounts to supplement other federal funds.--Amounts 
        made available under this section shall be used to supplement 
        and not supplant other Federal and non-Federal funds expended 
        to further the purpose of this section.'';
            (3) in paragraph (1) of subsection (c), by striking ``18 
        months'' and inserting ``24 months'';
            (4) in subsection (d)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the 
                following new subparagraphs:
                    ``(B) describe how the input of current or former 
                homeless victims of domestic violence, dating violence, 
                sexual assault, or stalking will be used to develop and 
                implement the programs, services, and other activities 
                described in subsection (b);
                    ``(C) provide assurances that any supportive 
                services offered to participants in programs developed 
                under subsection (b)(3) are voluntary and that refusal 
                to receive such services shall not be grounds for 
                termination from the program or eviction from the 
                victim's housing; and'';
            (5) in subsection (e)(2)--
                    (A) in subparagraph (A), by inserting ``purpose 
                and'' before ``amount'';
                    (B) in clause (ii) of subparagraph (C), by striking 
                ``and'';
                    (C) in subparagraph (D), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(E) the client population served and the number 
                of individuals requesting services that the 
                transitional housing program is unable to serve as a 
                result of a lack of resources.''; and
            (6) in subsection (g)--
                    (A) in paragraph (1), by striking ``$30,000,000'' 
                and inserting ``$40,000,000'';
                    (B) in paragraph (1), by striking ``2004'' and 
                inserting ``2006'';
                    (C) in paragraph (1), by striking ``2008.'' and 
                inserting ``2010. Funds authorized to be appropriated 
                under this subsection shall remain available until 
                expended.'';
                    (D) in paragraph (2), by striking ``not more than 3 
                percent'' and inserting ``up to 5 percent'';
                    (E) in paragraph (2), by inserting ``evaluation, 
                monitoring, technical assistance,'' before 
                ``salaries''; and
                    (F) in paragraph (3), by adding at the end the 
                following new subparagraphs:
                    ``(C) Underserved populations.--
                            ``(i) A minimum of 10 percent of the total 
                        amount appropriated in any fiscal year shall be 
                        allocated to tribal organizations serving adult 
                        and minor victims of domestic violence, dating 
                        violence, sexual assault, or stalking and their 
                        dependents.
                            ``(ii) Priority shall be given to projects 
                        developed under subsection (b) that primarily 
                        serve racial and ethnic and other underserved 
                        populations.''.

SEC. 603. PUBLIC AND INDIAN HOUSING AUTHORITY PLANS REPORTING 
              REQUIREMENT.

    Section 5A of the United States Housing Act of 1937 (42 U.S.C. 
1437c-1) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``paragraph (2)'' 
                and inserting ``paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Statement of goals.--The 5-year plan shall include a 
        statement by any public housing agency or Indian housing 
        authority of the goals, objectives, policies, or programs that 
        will enable the housing authority to serve the needs of minor 
        and adult victims of domestic violence, dating violence, sexual 
        assault, or stalking.'';
            (2) in subsection (d), by redesignating paragraphs (13), 
        (14), (15), (16), (17), and (18), as paragraphs (14), (15), 
        (16), (17), (18), and (19), respectively; and
            (3) by inserting after paragraph (12) the following:
            ``(13) Domestic violence, dating violence, sexual assault, 
        or stalking programs.--A description of--
                    ``(A) any activities, services, or programs 
                provided or offered by an agency, either directly or in 
                partnership with other service providers, to minor or 
                adult victims of domestic violence, dating violence, 
                sexual assault, or stalking;
                    ``(B) any activities, services, or programs 
                provided or offered by a public housing agency or 
                Indian housing authority that helps minor and adult 
                victims of domestic violence, dating violence, sexual 
                assault, or stalking, to obtain or maintain housing; 
                and
                    ``(C) any activities, services, or programs 
                provided or offered by a public housing agency or 
                Indian housing authority to prevent domestic violence, 
                dating violence, sexual assault, and stalking, or to 
                enhance victim safety in assisted families.''.

SEC. 604. HOUSING STRATEGIES.

    Section 105(b)(1) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after 
``immunodeficiency syndrome,'' the following: ``victims of domestic 
violence, dating violence, sexual assault, and stalking''.

SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

    Section 423(a) of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11383(a)) is amended by adding at the end the following:
            ``(8) Confidentiality.--
                    ``(A) Housing assistance grants and programs.--In 
                the course of awarding grants or implementing programs 
                under this subsection, the Secretary shall instruct any 
                recipient or subgrantee not to disclose to any person, 
                agency, or entity any personally identifying 
                information about any client if the Secretary, 
                recipient, or subgrantee believes, based upon 
                reasonable evidence, that the client is--
                            ``(i) a victim of domestic violence, dating 
                        violence, sexual assault, or stalking;
                            ``(ii) the parent or guardian of a minor 
                        victim of domestic violence, dating violence, 
                        sexual assault, or stalking; or
                            ``(iii) the dependent or minor child of a 
                        victim of domestic violence, dating violence, 
                        sexual assault, or stalking.
                    ``(B) Other federal and state programs.--The 
                Secretary shall not require or ask a recipient or 
                subgrantee of any other Federal or State program to 
                disclose personally identifying information about any 
                clients if the persons, agencies, or entities 
                implementing those programs believe, based upon 
                reasonable evidence, that those clients are--
                            ``(i) victims of domestic violence, dating 
                        violence, sexual assault, or stalking;
                            ``(ii) the parents or guardians of minor 
                        victims of domestic violence, dating violence, 
                        sexual assault, or stalking; or
                            ``(iii) the dependents or minor children of 
                        victims of domestic violence, dating violence, 
                        sexual assault, or stalking.
                    ``(C) Homeless management information systems.--The 
                Secretary shall instruct any recipient or subgrantee 
                under this subsection or any recipient or subgrantee of 
                any other Federal or State program participating in any 
                homeless management information system funded in whole 
                or in part under this subsection that personally 
                identifying information about any client may only be 
                submitted to a homeless management information system 
                if the program seeking to disclose such information has 
                obtained informed, reasonably time-limited, written 
                consent from the client to whom the information 
                relates. The Secretary may require or ask any recipient 
                or subgrantee to share nonpersonally identifying data 
                in the aggregate regarding services to clients and 
                nonpersonally identifying demographic information in 
                order to comply with the data collection requirements 
                of homeless management information systems.
                    ``(D) Definition.--As used in this paragraph, the 
                term personally identifying information means 
                information from or about an individual that could be 
                used to identify such individual, including--
                            ``(i) first and last name;
                            ``(ii) a home or other physical address, 
                        including street name, name of city or town, 
                        and ZIP code;
                            ``(iii) an email address or other online 
                        contact information, such as an instant 
                        messaging user identifier or a screen name that 
                        reveals an individual's email address;
                            ``(iv) a telephone number;
                            ``(v) a social security number;
                            ``(vi) an Internet Protocol address or host 
                        name that identifies an individual;
                            ``(vii) a persistent identifier, such as a 
                        customer number held in a `cookie' or processor 
                        serial number, that is combined with other 
                        available data that identifies an individual; 
                        and
                            ``(viii) any other information, including 
                        grade point average, date of birth, academic or 
                        occupational interests, athletic or 
                        extracurricular interests, racial or ethnic 
                        background, or religious affiliation, that, in 
                        combination with any of the above, would serve 
                        to identify any individual.''.

SEC. 606. AMENDMENTS TO THE LOW INCOME HOUSING ASSISTANCE VOUCHER 
              PROGRAM.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)(B)(ii), by inserting after 
                ``other good cause'' the following: ``, and that an 
                incident or incidents of actual or threatened domestic 
                violence, dating violence, sexual assault, or stalking 
                will not be construed as a serious or repeated 
                violation of the lease by the victim or threatened 
                victim of that violence and will not be good cause for 
                terminating a lease held by the victim of such 
                violence''; and
                    (B) in paragraph (1)(B)(iii), by inserting after 
                ``termination of tenancy'' the following: ``, except 
                that (I) criminal activity directly relating to 
                domestic violence, dating violence, sexual assault, or 
                stalking, engaged in by a member of a tenant's 
                household or any guest or other person under the 
                tenant's control shall not be cause for termination of 
                the tenancy, if the tenant or a minor child of the 
                tenant is a victim of domestic violence, dating 
                violence, sexual assault, or stalking and, as a result, 
                could not control or prevent the criminal activity; 
                (II) nothing in subclause (I) may be construed to limit 
                the authority of an owner or manager, consistent with 
                applicable State law, to evict or the public housing 
                agency or assisted housing provider to terminate 
                voucher assistance to individuals who engage in 
                criminal acts of physical violence against family 
                members or others; and (III) nothing in subclause (I) 
                may be construed to limit the authority of an owner or 
                manager, consistent with applicable State law, to evict 
                or the public housing agency or assisted housing 
                provider to terminate voucher assistance to any tenant 
                if the owner, manager, public housing agency, or 
                assisted housing provider can demonstrate an acctual 
                and imminent threat to the larger community if that 
                tenant is not evicted or terminated from assistance'';
            (2) in subsection (f)--
                    (A) in paragraph (6) by striking ``and'';
                    (B) in paragraph (7) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(8) the term `domestic violence' has the same meaning 
        given the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2);
            ``(9) the term `dating violence' has the same meaning given 
        the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
            ``(10) the term `sexual assault' has the same meaning given 
        the term in section 2003 of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).'';
            (3) in subsection (o)--
                    (A) by inserting at the end of paragraph (6)(B), 
                the following new sentence: ``That an applicant is or 
                is perceived to be, or has been or has been perceived 
                to be, a victim of domestic violence, dating violence, 
                or stalking is not an appropriate basis for denial of 
                program assistance by a public housing authority.'';
                    (B) in paragraph (7)(C), by inserting after ``other 
                good cause'' the following: ``, and that an incident or 
                incidents of actual or threatened domestic violence, 
                dating violence, sexual assault, or stalking will not 
                be construed as a serious or repeated violation of the 
                lease by the victim or threatened victim of that 
                violence and will not be good cause for terminating a 
                lease held by the victim of such violence''; and
                    (C) in paragraph (7)(D), by inserting after 
                ``termination of tenancy'' the following: ``; except 
                that (i) criminal activity relating to domestic 
                violence, dating violence, sexual assault, or stalking, 
                engaged in by a member of a tenant's household or any 
                guest or other person under the tenant's control shall 
                not be cause for termination of the tenancy, if the 
                tenant or immediate member of the tenant's family is a 
                victim of domestic violence, dating violence, sexual 
                assault, or stalking and, as a result, could not 
                control or prevent the criminal activity; (ii) nothing 
                in clause (i) may be construed to limit the authority 
                of an owner or manager, consistent with applicable 
                State law, to evict or the public housing agency or 
                assisted housing provider to terminate voucher 
                assistance to individuals who engage in criminal acts 
                of physical violence against family members or others; 
                and (iii) nothing in clause (i) may be construed to 
                limit the authority of an owner or manager, consistent 
                with applicable State law, to evict or the public 
                housing agency or assisted housing provider to 
                terminate voucher assistance to any tenant if the 
                owner, manager, public housing agency, or assisted 
                housing provider can demonstrate an accutal and 
                imminent threat to the larger community if that tenant 
                is not evicted or terminated from assistance'';
            (4) in subsection (r)(5) by inserting after ``violation of 
        a lease'' the following: ``, except that a family may receive a 
        voucher from a public housing agency and move to another 
        jurisdiction under the tenant-based assistance program if the 
        family has moved out of the assisted dwelling unit in order to 
        protect the health or safety of an individual who is or has 
        been the victim of domestic violence, dating violence, sexual 
        assault, or stalking and who reasonably believed he or she was 
        imminently threatened by harm from further violence if he or 
        she remained in the assisted dwelling unit''; and
            (5) by adding at the end the following new subsection:
    ``(ee) Certification and Confidentiality.--
            ``(1) Certification.--
                    ``(A) In general.--An owner, manager, public 
                housing agency, or assisted housing provider responding 
                to subsections (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), 
                (o)(7)(D), and (r)(5) may request that an individual 
                certify that the individual is a victim of domestic 
                violence, dating violence, sexual assault, or stalking, 
                and that the incident or incidents in question are bona 
                fide incidents of such actual or threatened abuse and 
                meet the requirements set forth in the aforementioned 
                paragraphs. The individual shall provide a copy of such 
                certification within a reasonable period of time after 
                an owner, manager, public housing agency, or assisted 
                housing provider requests such certification.
                    ``(B) Contents.--An individual may satisfy the 
                certification requirement of subparagraph (A) by--
                            ``(i) providing the requesting owner, 
                        manager, public housing agency, or assisted 
                        housing provider with documentation signed by 
                        an employee, agent, or volunteer of a victim 
                        service provider, an attorney, a member of the 
                        clergy, a medical professional, or any other 
                        professional, from whom the victim has sought 
                        assistance in addressing domestic violence, 
                        dating violence, sexual assault, or stalking or 
                        the effects of the abuse; or
                            ``(ii) producing a Federal, State, tribal, 
                        territorial, or local police or court record.
                    ``(C) Limitation.--At their discretion, the owner, 
                manager, public housing agency, or assisted housing 
                provider may provide benefits to an individual based 
                solely on the individual's statement or other 
                corroborating evidence but is not mandated to do so.
            ``(2) Confidentiality.--
                    ``(A) In general.--All information provided to an 
                owner, manager, public housing agency, or assisted 
                housing provider pursuant to paragraph (1), including 
                the fact that an individual is a victim of domestic 
                violence, dating violence, sexual assault, or stalking, 
                shall be retained in the strictest confidence by such 
                owner, manager, public housing agency, or assisted 
                housing provider, and shall neither be entered into any 
                shared database, nor provided to any related entity, 
                except to the extent that disclosure is--
                            ``(i) requested or consented to by the 
                        individual in writing; or
                            ``(ii) otherwise required by applicable 
                        law.
                    ``(B) Notification.--An individual must be notified 
                of the limits of such confidentiality and informed in 
                advance about circumstances in which the person or 
                entity will be compelled to disclose the individual's 
                information.''.

SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.

    Section 6 of the United States Housing Act of 1937 (42 U.S.C. 
1437d) is amended--
            (1) in subsection (c), by redesignating paragraph (3) and 
        (4), as paragraphs (4) and (5), respectively;
            (2) by inserting after paragraph (2) the following:
            ``(3) the public housing agency shall not deny admission to 
        the project to any applicant on the basis that the applicant is 
        or is perceived to be, or has been or has been perceived to be, 
        a victim of domestic violence, dating violence, or stalking'';
            (3) in subsection (l)(5), by inserting after ``other good 
        cause'' the following: ``, and that an incident or incidents of 
        actual or threatened domestic violence, dating violence, sexual 
        assault, or stalking will not be construed as a serious or 
        repeated violation of the lease by the victim or threatened 
        victim of that violence and will not be good cause for 
        terminating a lease held by the victim of such violence'';
            (4) in subsection (l)(6), by inserting after ``termination 
        of tenancy'' the following: ``; except that (A) criminal 
        activity directly relating to domestic violence, dating 
        violence, sexual assault, or stalking, engaged in by a member 
        of a tenant's household or any guest or other person under the 
        tenant's control shall not be cause for termination of the 
        tenancy, if the tenant or immediate member of the tenant's 
        family is a victim of domestic violence, dating violence, 
        sexual assault, or stalking and, as a result could not control 
        or prevent the criminal activity; (B) nothing in subparagraph 
        (A) may be construed to limit the authority of a public housing 
        agency, consistent with applicable State laws, to evict or the 
        public housing agency or assisted housing provider to terminate 
        voucher assistance to individuals who engage in criminal acts 
        of physical violence against family members or others; ``; and 
        (C) nothing in subparagraph (A) may be construed to limit the 
        authority of a public housing agency, consistent with 
        applicable State law, to terminate the tenancy of any tenant if 
        the public housing agency can demonstrate an actual and 
        imminent threat to the larger community if that tenant's 
        tenancy is not terminated''; and
            (5) by inserting at the end of subsection (t) the following 
        new subsection:
    ``(u) Certification and Confidentiality.--
            ``(1) Certification.--
                    ``(A) In general.--A public housing agency 
                responding to subsection (l) (5) and (6) may request 
                that an individual certify that the individual is a 
                victim of domestic violence, dating violence, sexual 
                assault, or stalking, and that the incident or 
                incidents in question are bona fide incidents of such 
                actual or threatened abuse and meet the requirements 
                set forth in the aforementioned paragraphs. The 
                individual shall provide a copy of such certification 
                within a reasonable period of time after the public 
                housing agency requests such certification.
                    ``(B) Contents.--An individual may satisfy the 
                certification requirement of subparagraph (A) by--
                            ``(i) providing the requesting public 
                        housing agency with documentation signed by an 
                        employee, agent, or volunteer of a victim 
                        service provider, an attorney, a member of the 
                        clergy, a medical professional, or any other 
                        professional, from whom the victim has sought 
                        assistance in addressing domestic violence, 
                        dating violence, sexual assault, or stalking or 
                        the effects of the abuse; or
                            ``(ii) producing a Federal, State, tribal, 
                        territorial, or local police or court record.
                    ``(C) Limitation.--At the public housing agency's 
                discretion, a public housing agency may provide 
                benefits to an individual based solely on the 
                individual's statement or other corroborating evidence 
                but is not mandated to do so.
            ``(2) Confidentiality.--
                    ``(A) In general.--All information provided to any 
                public housing agency pursuant to paragraph (1), 
                including the fact that an individual is a victim of 
                domestic violence, dating violence, sexual assault, or 
                stalking, shall be retained in the strictest confidence 
                by such public housing agency, and shall neither be 
                entered into any shared database, nor provided to any 
                related entity, except to the extent that disclosure 
                is--
                            ``(i) requested or consented to by the 
                        individual in writing; or
                            ``(ii) otherwise required by applicable 
                        law.
                    ``(B) Notification.--An individual must be notified 
                of the limits of such confidentiality and informed in 
                advance about circumstances in which the person or 
                entity will be compelled to disclose the individual's 
                information.
            ``(3) Definitions.--For purposes of this subsection and 
        subsection (l) (5) and (6)--
                    ``(A) the term `domestic violence' has the same 
                meaning given the term in section 2003 of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3796gg-2);
                    ``(B) the term `dating violence' has the same 
                meaning given the term in section 2003 of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3796gg-2);
                    ``(C) the term `stalking' means engaging in a 
                course of conduct directed at a specific person that 
                would cause a reasonable person to--
                            ``(i) fear for his or her safety or the 
                        safety of others; or
                            ``(ii) suffer significant emotional 
                        distress; and
                    ``(D) the term `sexual assault' has the same 
                meaning given the term in section 2003 of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3796gg-2).''.

     TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Security and Financial Empowerment 
Act''.

SEC. 702. FINDINGS.

    Congress finds the following:
            (1) Violence against women has been reported to be the 
        leading cause of physical injury to women. Such violence has a 
        devastating impact on women's physical and emotional health, 
        financial security, and ability to maintain their jobs, and 
        thus impacts interstate commerce.
            (2) Studies indicate that one of the best predictors of 
        whether a victim will be able to stay away from her abuser is 
        her degree of economic independence. However, domestic 
        violence, dating violence, sexual assault and stalking often 
        negatively impacts victims' ability to maintain employment.
            (3) The Bureau of National Affairs has estimated that 
        domestic violence costs United States employers between 
        $3,000,000,000 and $5,000,000,000 annually in lost time and 
        productivity, while other reports have estimated the cost at 
        between $5,800,000,000 and $13,000,000,000 annually.
            (4) United States medical costs for domestic violence have 
        been estimated to be $31,000,000,000 per year.
            (5) Abusers frequently seek to exert financial control over 
        their partners by actively interfering with their ability to 
        work, including preventing their partners from going to work, 
        harassing their partners at work, limiting the access of their 
        partners to cash or transportation, and sabotaging the child 
        care arrangements of their partners.
            (6) Domestic violence also affects perpetrators' ability to 
        work. A recent study found that 48 percent of abusers reported 
        having difficulty concentrating at work and 42 percent reported 
        being late to work. Seventy-eight percent reported using their 
        own company's resources in connection with the abusive 
        relationship.
            (7) Studies indicate that between 35 and 56 percent of 
        employed battered women surveyed were harassed at work by their 
        abusive partners.
            (8) Victims of domestic violence also frequently miss work 
        due to injuries, court dates, and safety concerns requiring 
        legal protections. Victims of domestic violence lose 8,000,000 
        days of paid work each year--the equivalent of over 32,000 
        full-time jobs and 5,600,000 days of household productivity.
            (9) According to a 1998 report of the General Accounting 
        Office, between \1/4\ and \1/2\ of domestic violence victims 
        surveyed in 3 studies reported that they lost a job due, at 
        least in part, to domestic violence.
            (10) Women who have experienced domestic violence or dating 
        violence are more likely than other women to be unemployed, to 
        suffer from health problems that can affect employability and 
        job performance, to report lower personal income, and to rely 
        on welfare.
            (11) The prevalence of sexual assault and other violence 
        against women at work is also dramatic. About 36,500 
        individuals, 80 percent of whom are women, were raped or 
        sexually assaulted in the workplace each year from 1993 through 
        1999. Half of all female victims of violent workplace crimes 
        know their attackers. Nearly 1 out of 10 violent workplace 
        incidents are committed by partners or spouses. Women who work 
        for State and local governments suffer a higher incidence of 
        workplace assaults, including rapes, than women who work in the 
        private sector.
            (12) Sexual assault, whether occurring in or out of the 
        workplace, can impair an employee's work performance, require 
        time away from work, and undermine the employee's ability to 
        maintain a job. Almost 50 percent of sexual assault survivors 
        lose their jobs or are forced to quit in the aftermath of the 
        assaults.
            (13) More than 35 percent of stalking victims report losing 
        time from work due to the stalking and 7 percent never return 
        to work.
            (14) Ninety-four percent of corporate security and safety 
        directors at companies nationwide rank domestic violence as a 
        high security concern.
            (15) Already, 27 States and the District of Columbia have 
        laws that explicitly provide unemployment insurance to domestic 
        violence victims in certain circumstances. However, these laws 
        vary in the extent to which they effectively address the 
        special circumstances of victims of domestic violence and very 
        few of the laws explicitly cover victims of sexual assault or 
        stalking. Moreover--
                    (A) victims who do not receive unemployment 
                insurance benefits often lack the economic independence 
                they need to escape violent relationships;
                    (B) victims who lose their jobs because of domestic 
                or sexual violence have lost their jobs through no 
                fault of their own, and thus are the intended 
                beneficiaries of unemployment compensation benefits;
                    (C) under many State unemployment compensation 
                laws, victims of domestic or sexual violence who 
                separate from their jobs because of the violence may 
                not be eligible to receive benefits because of the 
                circumstances of their separation;
                    (D) victims who must leave a job to relocate to a 
                safe location or to take other steps to secure their 
                safety may be barred from unemployment benefits on the 
                grounds that they left a job voluntarily and without 
                good cause; and
                    (E) victims who have qualified for benefits may not 
                be able to satisfy requirements concerning availability 
                for work or the suitability of potential work because 
                of their ongoing safety needs.
            (16) Five States provide victims of domestic or sexual 
        violence with leave from work to go to court, to the doctor, or 
        to take other steps to address the violence in their lives, and 
        several other States provide time off to victims of crimes, 
        which can include victims of domestic and sexual violence, to 
        attend court proceedings. However, many States have no 
        employment-protected leave provisions that allow victims of 
        domestic or sexual violence to take the time off they need to 
        address the violence.
            (17) Domestic and sexual violence victims have been 
        subjected to discrimination by private and State employers, 
        including discrimination motivated by sex and stereotypic 
        notions about women.
            (18) Domestic violence victims and third parties who help 
        them have been subjected to discriminatory practices by health, 
        life, disability, and property and casualty insurers, and 
        employers who self-insure employee benefits who have denied or 
        canceled coverage, rejected claims, and raised rates based on 
        domestic violence. Although some State legislatures have tried 
        to address these problems, the scope of protection afforded by 
        the laws adopted varies from State to State, with many failing 
        to address the problem comprehensively. Moreover, Federal law 
        prevents States from protecting the almost 40 percent of 
        employees whose employers self-insure employee benefits.
            (19) Existing Federal law does not explicitly--
                    (A) authorize victims of domestic violence, dating 
                violence, sexual assault, or stalking to take leave 
                from work to seek legal assistance and redress, 
                counseling, or assistance with safety planning 
                activities;
                    (B) address the eligibility of victims of domestic 
                violence, dating violence, sexual assault, or stalking 
                for unemployment compensation;
                    (C) prohibit employment discrimination against 
                actual or perceived victims of domestic violence, 
                dating violence, sexual assault, or stalking; or
                    (D) prohibit insurers and employers who self-insure 
                employee benefits from discriminating against domestic 
                violence victims and those who help them in determining 
                eligibility, rates charged, and standards for payment 
                of claims; nor does it prohibit insurers from 
                disclosure of information about abuse and the victim's 
                location through insurance databases and other means.

SEC. 703. DEFINITIONS.

    In this title, except as otherwise expressly provided:
            (1) Commerce.--The terms ``commerce'' and ``industry or 
        activity affecting commerce'' have the meanings given the terms 
        in section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (2) Course of conduct.--The term ``course of conduct'' 
        means a course of repeatedly maintaining a visual or physical 
        proximity to a person or conveying verbal or written threats, 
        including threats conveyed through electronic communications, 
        or threats implied by conduct.
            (3) Dating violence.--The term ``dating violence'' has the 
        meaning given the term in section 826 of the Higher Education 
        Amendments of 1998 (20 U.S.C. 1152).
            (4) Domestic or sexual violence.--The term ``domestic or 
        sexual violence'' means domestic violence, dating violence, 
        sexual assault, or stalking.
            (5) Domestic violence.--The term ``domestic violence'' has 
        the meaning given the term in section 826 of the Higher 
        Education Amendments of 1998 (20 U.S.C. 1152).
            (6) Domestic violence coalition.--The term ``domestic 
        violence coalition'' means a nonprofit, nongovernmental 
        membership organization that--
                    (A) consists of the entities carrying out a 
                majority of the domestic violence programs carried out 
                within a State;
                    (B) collaborates and coordinates activities with 
                Federal, State, and local entities to further the 
                purposes of domestic violence intervention and 
                prevention; and
                    (C) among other activities, provides training and 
                technical assistance to entities carrying out domestic 
                violence programs within a State, territory, political 
                subdivision, or area under Federal authority.
            (7) Electronic communications.--The term ``electronic 
        communications'' includes communications via telephone, mobile 
        phone, computer, email, video recorder, fax machine, telex, or 
        pager.
            (8) Employ; state.--The terms ``employ'' and ``State'' have 
        the meanings given the terms in section 3 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 203).
            (9) Employee.--
                    (A) In general.--The term ``employee'' means any 
                person employed by an employer. In the case of an 
                individual employed by a public agency, such term means 
                an individual employed as described in section 3(e) of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203(e)).
                    (B) Basis.--The term includes a person employed as 
                described in subparagraph (A) on a full- or part-time 
                basis, for a fixed time period, on a temporary basis, 
                pursuant to a detail, as an independent contractor, or 
                as a participant in a work assignment as a condition of 
                receipt of Federal or State income-based public 
                assistance.
            (10) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 15 
                or more individuals; and
                    (B) includes any person acting directly or 
                indirectly in the interest of an employer in relation 
                to an employee, and includes a public agency, but does 
                not include any labor organization (other than when 
                acting as an employer) or anyone acting in the capacity 
                of officer or agent of such labor organization.
            (11) Employment benefits.--The term ``employment benefits'' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an ``employee benefit plan'', as defined in section 
        3(3) of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            (12) Family or household member.--The term ``family or 
        household member'' means a non-abusive spouse, former spouse, 
        parent, son or daughter, or person residing or formerly 
        residing in the same dwelling unit.
            (13) Parent; son or daughter.--The terms ``parent'' and 
        ``son or daughter'' have the meanings given the terms in 
        section 101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).
            (14) Person.--The term ``person'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (15) Public agency.--The term ``public agency'' has the 
        meaning given the term in section 3 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203).
            (16) Public assistance.--The term ``public assistance'' 
        includes cash, food stamps, medical assistance, housing 
        assistance, and other benefits provided on the basis of income 
        by a public agency.
            (17) Reduced leave schedule.--The term ``reduced leave 
        schedule'' means a leave schedule that reduces the usual number 
        of hours per workweek, or hours per workday, of an employee.
            (18) Repeatedly.--The term ``repeatedly'' means on 2 or 
        more occasions.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (20) Sexual assault.--The term ``sexual assault'' has the 
        meaning given the term in section 826 of the Higher Education 
        Amendments of 1998 (20 U.S.C. 1152).
            (21) Sexual assault coalition.--The term ``sexual assault 
        coalition'' means a nonprofit, nongovernmental membership 
        organization that--
                    (A) consists of the entities carrying out a 
                majority of the sexual assault programs carried out 
                within a State;
                    (B) collaborates and coordinates activities with 
                Federal, State, and local entities to further the 
                purposes of sexual assault intervention and prevention; 
                and
                    (C) among other activities, provides training and 
                technical assistance to entities carrying out sexual 
                assault programs within a State, territory, political 
                subdivision, or area under Federal authority.
            (22) Stalking.--The term ``stalking'' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to suffer substantial emotional 
        distress or to fear bodily injury, sexual assault, or death to 
        the person, or the person's spouse, parent, or son or daughter, 
        or any other person who regularly resides in the person's 
        household, if the conduct causes the specific person to have 
        such distress or fear.
            (23) Victim services organization.--The term ``victim 
        services organization'' means a nonprofit, nongovernmental 
        organization that provides assistance to victims of domestic or 
        sexual violence or to advocates for such victims, including a 
        rape crisis center, an organization carrying out a domestic 
        violence program, an organization operating a shelter or 
        providing counseling services, or an organization providing 
        assistance through the legal process.

 Subtitle A--Entitlement to Emergency Leave for Addressing Domestic or 
                            Sexual Violence

SEC. 711. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under the portions of section 8 
of article I of the Constitution relating to providing for the general 
welfare and to regulation of commerce among the several States, and 
under section 5 of the 14th amendment to the Constitution--
            (1) to promote the national interest in reducing domestic 
        violence, dating violence, sexual assault, and stalking by 
        enabling victims of domestic or sexual violence to maintain the 
        financial independence necessary to leave abusive situations, 
        achieve safety, and minimize the physical and emotional 
        injuries from domestic or sexual violence, and to reduce the 
        devastating economic consequences of domestic or sexual 
        violence to employers and employees;
            (2) to promote the national interest in ensuring that 
        victims of domestic or sexual violence can recover from and 
        cope with the effects of such violence, and participate in 
        criminal and civil justice processes, without fear of adverse 
        economic consequences from their employers;
            (3) to ensure that victims of domestic or sexual violence 
        can recover from and cope with the effects of such violence, 
        and participate in criminal and civil justice processes, 
        without fear of adverse economic consequences with respect to 
        public benefits;
            (4) to promote the purposes of the 14th amendment by 
        preventing sex-based discrimination and discrimination against 
        victims of domestic and sexual violence in employment leave, 
        addressing the failure of existing laws to protect the 
        employment rights of victims of domestic or sexual violence, by 
        protecting their civil and economic rights, and by furthering 
        the equal opportunity of women for economic self-sufficiency 
        and employment free from discrimination;
            (5) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, employment, health care costs, and employer 
        costs, caused by domestic or sexual violence, including 
        intentional efforts to frustrate women's ability to participate 
        in employment and interstate commerce;
            (6) to further the goals of human rights and dignity 
        reflected in instruments such as the United Nations Charter, 
        the Universal Declaration of Human Rights, and the 
        International Covenant on Civil and Political Rights; and
            (7) to accomplish the purposes described in paragraphs (1) 
        through (6) by--
                    (A) entitling employed victims of domestic or 
                sexual violence to take leave to seek medical help, 
                legal assistance, counseling, safety planning, and 
                other assistance without penalty from their employers; 
                and
                    (B) prohibiting employers from discriminating 
                against actual or perceived victims of domestic or 
                sexual violence, in a manner that accommodates the 
                legitimate interests of employers and protects the 
                safety of all persons in the workplace.

SEC. 712. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR 
              SEXUAL VIOLENCE.

    (a) Leave Requirement.--
            (1) Basis.--An employee who is a victim of domestic or 
        sexual violence may take leave from work to address domestic or 
        sexual violence, by--
                    (A) seeking medical attention for, or recovering 
                from, physical or psychological injuries caused by 
                domestic or sexual violence to the employee or the 
                employee's family or household member;
                    (B) obtaining services from a victim services 
                organization for the employee or the employee's family 
                or household member;
                    (C) obtaining psychological or other counseling for 
                the employee or the employee's family or household 
                member;
                    (D) participating in safety planning, temporarily 
                or permanently relocating, or taking other actions to 
                increase the safety of the employee or the employee's 
                family or household member from future domestic or 
                sexual violence or ensure economic security; or
                    (E) seeking legal assistance or remedies to ensure 
                the health and safety of the employee or the employee's 
                family or household member, including preparing for or 
                participating in any civil or criminal legal proceeding 
                related to or derived from domestic or sexual violence.
            (2) Period.--An employee may take not more than 30 days of 
        leave, as described in paragraph (1), in any 12-month period.
            (3) Schedule.--Leave described in paragraph (1) may be 
        taken intermittently or on a reduced leave schedule.
    (b) Notice.--The employee shall provide the employer with 
reasonable notice of the employee's intention to take the leave, unless 
providing such notice is not practicable.
    (c) Certification.--
            (1) In general.--The employer may require the employee to 
        provide certification to the employer that--
                    (A) the employee or the employee's family or 
                household member is a victim of domestic or sexual 
                violence; and
                    (B) the leave is for 1 of the purposes enumerated 
                in subsection (a)(1).
        The employee shall provide a copy of such certification to the 
        employer within a reasonable period after the employer requests 
        certification.
            (2) Contents.--An employee may satisfy the certification 
        requirement of paragraph (1) by providing to the employer--
                    (A) a sworn statement of the employee;
                    (B) documentation from an employee, agent, or 
                volunteer of a victim services organization, an 
                attorney, a member of the clergy, or a medical or other 
                professional, from whom the employee or the employee's 
                family or household member has sought assistance in 
                addressing domestic or sexual violence and the effects 
                of the violence;
                    (C) a police or court record; or
                    (D) other corroborating evidence.
    (d) Confidentiality.--All information provided to the employer 
pursuant to subsection (b) or (c), including a statement of the 
employee or any other documentation, record, or corroborating evidence, 
and the fact that the employee has requested or obtained leave pursuant 
to this section, shall be retained in the strictest confidence by the 
employer, except to the extent that disclosure is--
            (1) requested or consented to by the employee in writing; 
        or
            (2) otherwise required by applicable Federal or State law.
    (e) Employment and Benefits.--
            (1) Restoration to position.--
                    (A) In general.--Except as provided in paragraph 
                (2), any employee who takes leave under this section 
                for the intended purpose of the leave shall be 
                entitled, on return from such leave--
                            (i) to be restored by the employer to the 
                        position of employment held by the employee 
                        when the leave commenced; or
                            (ii) to be restored to an equivalent 
                        position with equivalent employment benefits, 
                        pay, and other terms and conditions of 
                        employment.
                    (B) Loss of benefits.--The taking of leave under 
                this section shall not result in the loss of any 
                employment benefit accrued prior to the date on which 
                the leave commenced.
                    (C) Limitations.--Nothing in this subsection shall 
                be construed to entitle any restored employee to--
                            (i) the accrual of any seniority or 
                        employment benefits during any period of leave; 
                        or
                            (ii) any right, benefit, or position of 
                        employment other than any right, benefit, or 
                        position to which the employee would have been 
                        entitled had the employee not taken the leave.
                    (D) Construction.--Nothing in this paragraph shall 
                be construed to prohibit an employer from requiring an 
                employee on leave under this section to report 
                periodically to the employer on the status and 
                intention of the employee to return to work.
            (2) Exemption concerning certain highly compensated 
        employees.--
                    (A) Denial of restoration.--An employer may deny 
                restoration under paragraph (1) to any employee 
                described in subparagraph (B) if--
                            (i) such denial is necessary to prevent 
                        substantial and grievous economic injury to the 
                        operations of the employer;
                            (ii) the employer notifies the employee of 
                        the intent of the employer to deny restoration 
                        on such basis at the time the employer 
                        determines that such injury would occur; and
                            (iii) in any case in which the leave has 
                        commenced, the employee elects not to return to 
                        employment after receiving such notice.
                    (B) Affected employees.--An employee referred to in 
                subparagraph (A) is a salaried employee who is among 
                the highest paid 10 percent of the employees employed 
                by the employer within 75 miles of the facility at 
                which the employee is employed.
            (3) Maintenance of health benefits.--
                    (A) Coverage.--Except as provided in subparagraph 
                (B), during any period that an employee takes leave 
                under this section, the employer shall maintain 
                coverage under any group health plan (as defined in 
                section 5000(b)(1) of the Internal Revenue Code of 
                1986) for the duration of such leave at the level and 
                under the conditions coverage would have been provided 
                if the employee had continued in employment 
                continuously for the duration of such leave.
                    (B) Failure to return from leave.--The employer may 
                recover the premium that the employer paid for 
                maintaining coverage for the employee under such group 
                health plan during any period of leave under this 
                section if--
                            (i) the employee fails to return from leave 
                        under this section after the period of leave to 
                        which the employee is entitled has expired; and
                            (ii) the employee fails to return to work 
                        for a reason other than--
                                    (I) the continuation, recurrence, 
                                or onset of domestic or sexual 
                                violence, that entitles the employee to 
                                leave pursuant to this section; or
                                    (II) other circumstances beyond the 
                                control of the employee.
                    (C) Certification.--
                            (i) Issuance.--An employer may require an 
                        employee who claims that the employee is unable 
                        to return to work because of a reason described 
                        in subclause (I) or (II) of subparagraph 
                        (B)(ii) to provide, within a reasonable period 
                        after making the claim, certification to the 
                        employer that the employee is unable to return 
                        to work because of that reason.
                            (ii) Contents.--An employee may satisfy the 
                        certification requirement of clause (i) by 
                        providing to the employer--
                                    (I) a sworn statement of the 
                                employee;
                                    (II) documentation from an 
                                employee, agent, or volunteer of a 
                                victim services organization, an 
                                attorney, a member of the clergy, or a 
                                medical or other professional, from 
                                whom the employee has sought assistance 
                                in addressing domestic or sexual 
                                violence and the effects of that 
                                violence;
                                    (III) a police or court record; or
                                    (IV) other corroborating evidence.
                    (D) Confidentiality.--All information provided to 
                the employer pursuant to subparagraph (C), including a 
                statement of the employee or any other documentation, 
                record, or corroborating evidence, and the fact that 
                the employee is not returning to work because of a 
                reason described in subclause (I) or (II) of 
                subparagraph (B)(ii) shall be retained in the strictest 
                confidence by the employer, except to the extent that 
                disclosure is--
                            (i) requested or consented to by the 
                        employee; or
                            (ii) otherwise required by applicable 
                        Federal or State law.
    (f) Prohibited Acts.--
            (1) Interference with rights.--
                    (A) Exercise of rights.--It shall be unlawful for 
                any employer to interfere with, restrain, or deny the 
                exercise of or the attempt to exercise, any right 
                provided under this section.
                    (B) Employer discrimination.--It shall be unlawful 
                for any employer to discharge or harass any individual, 
                or otherwise discriminate against any individual with 
                respect to compensation, terms, conditions, or 
                privileges of employment of the individual (including 
                retaliation in any form or manner) because the 
                individual--
                            (i) exercised any right provided under this 
                        section; or
                            (ii) opposed any practice made unlawful by 
                        this section.
                    (C) Public agency sanctions.--It shall be unlawful 
                for any public agency to deny, reduce, or terminate the 
                benefits of, otherwise sanction, or harass any 
                individual, or otherwise discriminate against any 
                individual with respect to the amount, terms, or 
                conditions of public assistance of the individual 
                (including retaliation in any form or manner) because 
                the individual--
                            (i) exercised any right provided under this 
                        section; or
                            (ii) opposed any practice made unlawful by 
                        this section.
            (2) Interference with proceedings or inquiries.--It shall 
        be unlawful for any person to discharge or in any other manner 
        discriminate (as described in subparagraph (B) or (C) of 
        paragraph (1)) against any individual because such individual--
                    (A) has filed any charge, or has instituted or 
                caused to be instituted any proceeding, under or 
                related to this section;
                    (B) has given, or is about to give, any information 
                in connection with any inquiry or proceeding relating 
                to any right provided under this section; or
                    (C) has testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under this section.
    (g) Enforcement.--
            (1) Civil action by affected individuals.--
                    (A) Liability.--Any employer or public agency that 
                violates subsection (f) shall be liable to any 
                individual affected--
                            (i) for damages equal to--
                                    (I) the amount of--
                                            (aa) any wages, salary, 
                                        employment benefits, public 
                                        assistance, or other 
                                        compensation denied or lost to 
                                        such individual by reason of 
                                        the violation; or
                                            (bb) in a case in which 
                                        wages, salary, employment 
                                        benefits, public assistance, or 
                                        other compensation has not been 
                                        denied or lost to the 
                                        individual, any actual monetary 
                                        losses sustained by the 
                                        individual as a direct result 
                                        of the violation;
                                    (II) the interest on the amount 
                                described in subclause (I) calculated 
                                at the prevailing rate; and
                                    (III) an additional amount as 
                                liquidated damages equal to the sum of 
                                the amount described in subclause (I) 
                                and the interest described in subclause 
                                (II), except that if an employer or 
                                public agency that has violated 
                                subsection (f) proves to the 
                                satisfaction of the court that the act 
                                or omission that violated subsection 
                                (f) was in good faith and that the 
                                employer or public agency had 
                                reasonable grounds for believing that 
                                the act or omission was not a violation 
                                of subsection (f), such court may, in 
                                the discretion of the court, reduce the 
                                amount of the liability to the amount 
                                and interest determined under 
                                subclauses (I) and (II), respectively; 
                                and
                            (ii) for such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (B) Right of action.--An action to recover the 
                damages or equitable relief prescribed in subparagraph 
                (A) may be maintained against any employer or public 
                agency in any Federal or State court of competent 
                jurisdiction by any 1 or more affected individuals for 
                and on behalf of--
                            (i) the individuals; or
                            (ii) the individuals and other individuals 
                        similarly situated.
                    (C) Fees and costs.--The court in such an action 
                shall, in addition to any judgment awarded to the 
                plaintiff, allow a reasonable attorney's fee, 
                reasonable expert witness fees, and other costs of the 
                action to be paid by the defendant.
                    (D) Limitations.--The right provided by 
                subparagraph (B) to bring an action by or on behalf of 
                any affected individual shall terminate--
                            (i) on the filing of a complaint by the 
                        Secretary in an action under paragraph (4) in 
                        which restraint is sought of any further delay 
                        in the payment of the amount described in 
                        subparagraph (A)(i) to such individual by an 
                        employer or public agency responsible under 
                        subparagraph (A) for the payment; or
                            (ii) on the filing of a complaint by the 
                        Secretary in an action under paragraph (2) in 
                        which a recovery is sought of the damages 
                        described in subparagraph (A)(i) owing to an 
                        affected individual by an employer or public 
                        agency liable under subparagraph (A), unless 
                        the action described in clause (i) or (ii) is 
                        dismissed without prejudice on motion of the 
                        Secretary.
            (2) Action by the secretary.--
                    (A) Administrative action.--The Secretary shall 
                receive, investigate, and attempt to resolve complaints 
                of violations of subsection (f) in the same manner as 
                the Secretary receives, investigates, and attempts to 
                resolve complaints of violations of sections 6 and 7 of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 
                207).
                    (B) Civil action.--The Secretary may bring an 
                action in any court of competent jurisdiction to 
                recover the damages described in paragraph (1)(A)(i).
                    (C) Sums recovered.--Any sums recovered by the 
                Secretary pursuant to subparagraph (B) shall be held in 
                a special deposit account and shall be paid, on order 
                of the Secretary, directly to each individual affected. 
                Any such sums not paid to such an individual because of 
                inability to do so within a period of 3 years shall be 
                deposited into the Treasury of the United States as 
                miscellaneous receipts.
            (3) Limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an action may be brought under this subsection not 
                later than 2 years after the date of the last event 
                constituting the alleged violation for which the action 
                is brought.
                    (B) Willful violation.--In the case of such action 
                brought for a willful violation of subsection (f), such 
                action may be brought within 3 years after the date of 
                the last event constituting the alleged violation for 
                which such action is brought.
                    (C) Commencement.--In determining when an action is 
                commenced by the Secretary under this subsection for 
                the purposes of this paragraph, it shall be considered 
                to be commenced on the date when the complaint is 
                filed.
            (4) Action for injunction by secretary.--The district 
        courts of the United States shall have jurisdiction, for cause 
        shown, in an action brought by the Secretary--
                    (A) to restrain violations of subsection (f), 
                including the restraint of any withholding of payment 
                of wages, salary, employment benefits, public 
                assistance, or other compensation, plus interest, found 
                by the court to be due to affected individuals; or
                    (B) to award such other equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion.
            (5) Solicitor of labor.--The Solicitor of Labor may appear 
        for and represent the Secretary on any litigation brought under 
        this subsection.
            (6) Employer liability under other laws.--Nothing in this 
        section shall be construed to limit the liability of an 
        employer or public agency to an individual, for harm suffered 
        relating to the individual's experience of domestic or sexual 
        violence, pursuant to any other Federal or State law, including 
        a law providing for a legal remedy.

SEC. 713. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR SEXUAL 
              VIOLENCE.

    An employee who is entitled to take paid or unpaid leave (including 
family, medical, sick, annual, personal, or similar leave) from 
employment, pursuant to State or local law, a collective bargaining 
agreement, or an employment benefits program or plan, may elect to 
substitute any period of such leave for an equivalent period of leave 
provided under section 712.

SEC. 714. EMERGENCY BENEFITS.

    (a) In General.--A State may use funds provided to the State under 
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 
to provide nonrecurrent short-term emergency benefits to an individual 
for any period of leave the individual takes pursuant to section 712.
    (b) Eligibility.--In calculating the eligibility of an individual 
for such emergency benefits, the State shall count only the cash 
available or accessible to the individual.
    (c) Timing.--
            (1) Applications.--An individual seeking emergency benefits 
        under subsection (a) from a State shall submit an application 
        to the State.
            (2) Benefits.--The State shall provide benefits to an 
        eligible applicant under paragraph (1) on an expedited basis, 
        and not later than 7 days after the applicant submits an 
        application under paragraph (1).
    (d) Conforming Amendment.--Section 404 of the Social Security Act 
(42 U.S.C. 604) is amended by adding at the end the following:
    ``(l) Authority to Provide Emergency Benefits.--A State that 
receives a grant under section 403 may use the grant to provide 
nonrecurrent short-term emergency benefits, in accordance with section 
104 of the Security and Financial Empowerment Act, to individuals who 
take leave pursuant to section 102 of that Act, without regard to 
whether the individuals receive assistance under the State program 
funded under this part.''.

SEC. 715. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.

    (a) More Protective Laws, Agreements, Programs, and Plans.--Nothing 
in this subtitle shall be construed to supersede any provision of any 
Federal, State, or local law, collective bargaining agreement, or 
employment benefits program or plan that provides--
            (1) greater leave benefits for victims of domestic or 
        sexual violence than the rights established under this 
        subtitle; or
            (2) leave benefits for a larger population of victims of 
        domestic or sexual violence (as defined in such law, agreement, 
        program, or plan) than the victims of domestic or sexual 
        violence covered under this subtitle.
    (b) Less Protective Laws, Agreements, Programs, and Plans.--The 
rights established for victims of domestic or sexual violence under 
this subtitle shall not be diminished by any State or local law, 
collective bargaining agreement, or employment benefits program or 
plan.

SEC. 716. CONFORMING AMENDMENT.

    Section 1003(a)(1) of the Rehabilitation Act Amendments of 1986 (42 
U.S.C. 2000d-7(a)(1)) is amended by inserting ``title I or III of the 
Security and Financial Empowerment Act,'' before ``or the provisions''.

SEC. 717. EFFECTIVE DATE.

    This subtitle and the amendment made by this subtitle take effect 
180 days after the date of enactment of this Act.

  Subtitle B--Entitlement to Unemployment Compensation for Victims of 
    Domestic Violence, Dating Violence, Sexual Assault, or Stalking

SEC. 721. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under the portions of section 8 
of article I of the Constitution relating to laying and collecting 
taxes, providing for the general welfare, and regulation of commerce 
among the several States, and under section 5 of the 14th amendment to 
the Constitution--
            (1) to promote the national interest in reducing domestic 
        violence, dating violence, sexual assault, and stalking by 
        enabling victims of domestic or sexual violence to maintain the 
        financial independence necessary to leave abusive situations, 
        achieve safety, and minimize the physical and emotional 
        injuries from domestic or sexual violence, and to reduce the 
        devastating economic consequences of domestic or sexual 
        violence to employers and employees;
            (2) to promote the national interest in ensuring that 
        victims of domestic or sexual violence can recover from and 
        cope with the effects of such victimization and participate in 
        the criminal and civil justice processes without fear of 
        adverse economic consequences;
            (3) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, loss of employment, health care costs, and 
        employer costs, caused by domestic or sexual violence including 
        intentional efforts to frustrate the ability of women to 
        participate in employment and interstate commerce;
            (4) to promote the purposes of the 14th amendment to the 
        Constitution by preventing sex-based discrimination and 
        discrimination against victims of domestic and sexual violence 
        in unemployment insurance, by addressing the failure of 
        existing laws to protect the employment rights of victims of 
        domestic or sexual violence, by protecting their civil and 
        economic rights, and by furthering the equal opportunity of 
        women for economic self-sufficiency and employment free from 
        discrimination; and
            (5) to accomplish the purposes described in paragraphs (1) 
        through (4) by providing unemployment insurance to those who 
        are separated from their employment as a result of domestic or 
        sexual violence, in a manner that accommodates the legitimate 
        interests of employers and protects the safety of all persons 
        in the workplace.

SEC. 722. UNEMPLOYMENT COMPENSATION AND TRAINING PROVISIONS.

    (a) Unemployment Compensation.--Section 3304 of the Internal 
Revenue Code of 1986 (relating to approval of State unemployment 
compensation laws) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (18), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (19) as paragraph 
                (20); and
                    (C) by inserting after paragraph (18) the following 
                new paragraph:
            ``(19) compensation shall not be denied where an individual 
        is separated from employment due to circumstances resulting 
        from the individual's experience of domestic or sexual 
        violence, nor shall States impose additional conditions that 
        restrict the individual's eligibility for or receipt of 
        benefits beyond those required of other individuals who are 
        forced to leave their jobs or are deemed to have good cause for 
        voluntarily separating from a job in the State; and''; and
            (2) by adding at the end the following new subsection:
    ``(g) Construction.--For purposes of subsection (a)(19)--
            ``(1) Documentation.--In determining eligibility for 
        compensation due to circumstances resulting from an 
        individual's experience of domestic or sexual violence--
                    ``(A) States shall adopt, or have adopted, by 
                statute, regulation, or policy a list of forms of 
                documentation that may be presented to demonstrate 
                eligibility, and
                    ``(B) presentation of any one of such forms of 
                documentation shall be sufficient to demonstrate 
                eligibility, except that a State may require the 
                presentation of a form of identification in addition to 
                the written statement of claimant described in 
                paragraph (2)(G).
            ``(2) List of forms of documentation.--The list referred to 
        in paragraph (1)(A) shall include not less than 3 of the 
        following forms of documentation:
                    ``(A) An order of protection or other documentation 
                issued by a court.
                    ``(B) A police report or criminal charges 
                documenting the domestic or sexual violence.
                    ``(C) Documentation that the perpetrator has been 
                convicted of the offense of domestic or sexual 
                violence.
                    ``(D) Medical documentation of the domestic or 
                sexual violence.
                    ``(E) Evidence of domestic or sexual violence from 
                a counselor, social worker, health worker, or domestic 
                violence shelter worker.
                    ``(F) A written statement that the applicant or the 
                applicant's minor child is a victim of domestic or 
                sexual violence, provided by a social worker, member of 
                the clergy, shelter worker, attorney at law, or other 
                professional who has assisted the applicant in dealing 
                with the domestic or sexual violence.
                    ``(G) A written statement of the claimant.
            ``(3) Domestic or sexual violence defined.--The term 
        `domestic or sexual violence' has the meaning given such term 
        in section 3 of the Security and Financial Empowerment Act.''.
    (b) Unemployment Compensation Personnel Training.--Section 303(a) 
of the Social Security Act (42 U.S.C. 503(a)) is amended--
            (1) by redesignating paragraphs (4) through (10) as 
        paragraphs (5) through (11), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Such methods of administration as will ensure that--
                    ``(A) applicants for unemployment compensation and 
                individuals inquiring about such compensation are 
                adequately notified of the provisions of subsections 
                (a)(19) and (g) of section 3304 of the Internal Revenue 
                Code of 1986 (relating to the availability of 
                unemployment compensation for victims of domestic or 
                sexual violence); and
                    ``(B) claims reviewers and hearing personnel are 
                adequately trained in--
                            ``(i) the nature and dynamics of domestic 
                        or sexual violence (as defined in section 3 of 
                        the Security and Financial Empowerment Act); 
                        and
                            ``(ii) methods of ascertaining and keeping 
                        confidential information about possible 
                        experiences of domestic or sexual violence (as 
                        so defined) to ensure that--
                                    ``(I) requests for unemployment 
                                compensation based on separations 
                                stemming from such violence are 
                                reliably screened, identified, and 
                                adjudicated; and
                                    ``(II) full confidentiality is 
                                provided for the individual's claim and 
                                submitted evidence; and''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply in the case of 
        compensation paid for weeks beginning on or after the 
        expiration of 180 days from the date of enactment of this Act.
            (2) Extension of effective date for state law amendment.--
                    (A) In general.--If the Secretary of Labor 
                identifies a State as requiring a change to its 
                statutes, regulations, or policies in order to comply 
                with the amendments made by this section, such 
                amendments shall apply in the case of compensation paid 
                for weeks beginning after the earlier of--
                            (i) the date the State changes its 
                        statutes, regulations, or policies in order to 
                        comply with such amendments; or
                            (ii) the end of the first session of the 
                        State legislature which begins after the date 
                        of enactment of this Act or which began prior 
                        to such date and remained in session for at 
                        least 25 calendar days after such date;
                except that in no case shall such amendments apply 
                before the date that is 180 days after the date of 
                enactment of this Act.
                    (B) Session defined.--In this paragraph, the term 
                ``session'' means a regular, special, budget, or other 
                session of a State legislature.
    (d) Effect on Existing Laws, Etc.--
            (1) More protective laws, agreements, programs, and 
        plans.--Nothing in this subtitle shall be construed to 
        supersede any provision of any Federal, State, or local law, 
        collective bargaining agreement, or employment benefits program 
        or plan that provides greater unemployment insurance benefits 
        for victims of domestic or sexual violence than the rights 
        established under this subtitle.
            (2) Less protective laws, agreements, programs, and 
        plans.--The rights established for victims of domestic or 
        sexual violence under this subtitle shall not be diminished by 
        any more restrictive State or local law, collective bargaining 
        agreement, or employment benefits program or plan.

             Subtitle C--Victims' Employment Sustainability

SEC. 731. SHORT TITLE.

    This subtitle may be cited as the ``Victims' Employment 
Sustainability Act''.

SEC. 732. PURPOSES.

    The purposes of this subtitle are, pursuant to the affirmative 
power of Congress to enact legislation under the portions of section 8 
of article I of the Constitution relating to providing for the general 
welfare and to regulation of commerce among the several States, and 
under section 5 of the 14th amendment to the Constitution--
            (1) to promote the national interest in reducing domestic 
        violence, dating violence, sexual assault, and stalking by 
        enabling victims of domestic or sexual violence to maintain the 
        financial independence necessary to leave abusive situations, 
        achieve safety, and minimize the physical and emotional 
        injuries from domestic or sexual violence, and to reduce the 
        devastating economic consequences of domestic or sexual 
        violence to employers and employees;
            (2) to promote the national interest in ensuring that 
        victims of domestic or sexual violence can recover from and 
        cope with the effects of such violence, and participate in 
        criminal and civil justice processes, without fear of adverse 
        economic consequences from their employers;
            (3) to ensure that victims of domestic or sexual violence 
        can recover from and cope with the effects of such violence, 
        and participate in criminal and civil justice processes, 
        without fear of adverse economic consequences with respect to 
        public benefits;
            (4) to promote the purposes of the 14th amendment to the 
        Constitution by preventing sex-based discrimination and 
        discrimination against victims of domestic and sexual violence 
        in employment, by addressing the failure of existing laws to 
        protect the employment rights of victims of domestic or sexual 
        violence, by protecting the civil and economic rights of 
        victims of domestic or sexual violence, and by furthering the 
        equal opportunity of women for economic self-sufficiency and 
        employment free from discrimination;
            (5) to minimize the negative impact on interstate commerce 
        from dislocations of employees and harmful effects on 
        productivity, employment, health care costs, and employer 
        costs, caused by domestic or sexual violence, including 
        intentional efforts to frustrate women's ability to participate 
        in employment and interstate commerce; and
            (6) to accomplish the purposes described in paragraphs (1) 
        through (5) by prohibiting employers from discriminating 
        against actual or perceived victims of domestic or sexual 
        violence, in a manner that accommodates the legitimate 
        interests of employers and protects the safety of all persons 
        in the workplace.

SEC. 733. PROHIBITED DISCRIMINATORY ACTS.

    (a) In General.--An employer shall not fail to hire, refuse to 
hire, discharge, or harass any individual, or otherwise discriminate 
against any individual with respect to the compensation, terms, 
conditions, or privileges of employment of the individual (including 
retaliation in any form or manner), and a public agency shall not deny, 
reduce, or terminate the benefits of, otherwise sanction, or harass any 
individual, or otherwise discriminate against any individual with 
respect to the amount, terms, or conditions of public assistance of the 
individual (including retaliation in any form or manner), because--
            (1) the individual involved--
                    (A) is or is perceived to be a victim of domestic 
                or sexual violence;
                    (B) attended, participated in, prepared for, or 
                requested leave to attend, participate in, or prepare 
                for, a criminal or civil court proceeding relating to 
                an incident of domestic or sexual violence of which the 
                individual, or the family or household member of the 
                individual, was a victim; or
                    (C) requested an adjustment to a job structure, 
                workplace facility, or work requirement, including a 
                transfer, reassignment, or modified schedule, leave, a 
                changed telephone number or seating assignment, 
                installation of a lock, or implementation of a safety 
                procedure, in response to actual or threatened domestic 
                or sexual violence, regardless of whether the request 
                was granted; or
            (2) the workplace is disrupted or threatened by the action 
        of a person whom the individual states has committed or 
        threatened to commit domestic or sexual violence against the 
        individual, or the individual's family or household member.
    (b) Definitions.--In this section:
            (1) Discriminate.--The term ``discriminate'', used with 
        respect to the terms, conditions, or privileges of employment 
        or with respect to the terms or conditions of public 
        assistance, includes not making a reasonable accommodation to 
        the known limitations of an otherwise qualified individual--
                    (A) who is a victim of domestic or sexual violence;
                    (B) who is--
                            (i) an applicant or employee of the 
                        employer (including a public agency); or
                            (ii) an applicant for or recipient of 
                        public assistance from the public agency; and
                    (C) whose limitations resulted from circumstances 
                relating to being a victim of domestic or sexual 
                violence;
        unless the employer or public agency can demonstrate that the 
        accommodation would impose an undue hardship on the operation 
        of the employer or public agency.
            (2) Qualified individual.--The term ``qualified 
        individual'' means--
                    (A) in the case of an applicant or employee 
                described in paragraph (1)(B)(i), an individual who, 
                with or without reasonable accommodation, can perform 
                the essential functions of the employment position that 
                such individual holds or desires; or
                    (B) in the case of an applicant or recipient 
                described in paragraph (1)(B)(ii), an individual who, 
                with or without reasonable accommodation, can satisfy 
                the essential requirements of the program providing the 
                public assistance that the individual receives or 
                desires.
            (3) Reasonable accommodation.--The term ``reasonable 
        accommodation'' may include an adjustment to a job structure, 
        workplace facility, or work requirement, including a transfer, 
        reassignment, or modified schedule, leave, a changed telephone 
        number or seating assignment, installation of a lock, or 
        implementation of a safety procedure, in response to actual or 
        threatened domestic or sexual violence.
            (4) Undue hardship.--
                    (A) In general.--The term ``undue hardship'' means 
                an action requiring significant difficulty or expense, 
                when considered in light of the factors set forth in 
                subparagraph (B).
                    (B) Factors to be considered.--In determining 
                whether a reasonable accommodation would impose an 
                undue hardship on the operation of an employer or 
                public agency, factors to be considered include--
                            (i) the nature and cost of the reasonable 
                        accommodation needed under this section;
                            (ii) the overall financial resources of the 
                        facility involved in the provision of the 
                        reasonable accommodation, the number of persons 
                        employed at such facility, the effect on 
                        expenses and resources, or the impact otherwise 
                        of such accommodation on the operation of the 
                        facility;
                            (iii) the overall financial resources of 
                        the employer or public agency, the overall size 
                        of the business of an employer or public agency 
                        with respect to the number of employees of the 
                        employer or public agency, and the number, 
                        type, and location of the facilities of an 
                        employer or public agency; and
                            (iv) the type of operation of the employer 
                        or public agency, including the composition, 
                        structure, and functions of the workforce of 
                        the employer or public agency, the geographic 
                        separateness of the facility from the employer 
                        or public agency, and the administrative or 
                        fiscal relationship of the facility to the 
                        employer or public agency.

SEC. 734. ENFORCEMENT.

    (a) Civil Action by Individuals.--
            (1) Liability.--Any employer or public agency that violates 
        section 733 shall be liable to any individual affected for--
                    (A) damages equal to the amount of wages, salary, 
                employment benefits, public assistance, or other 
                compensation denied or lost to such individual by 
                reason of the violation, and the interest on that 
                amount calculated at the prevailing rate;
                    (B) compensatory damages, including damages for 
                future pecuniary losses, emotional pain, suffering, 
                inconvenience, mental anguish, loss of enjoyment or 
                life, and other nonpecuniary losses;
                    (C) such punitive damages, up to 3 times the amount 
                of actual damages sustained, as the court described in 
                paragraph (2) shall determine to be appropriate; and
                    (D) such equitable relief as may be appropriate, 
                including employment, reinstatement, and promotion.
            (2) Right of action.--An action to recover the damages or 
        equitable relief prescribed in paragraph (1) may be maintained 
        against any employer or public agency in any Federal or State 
        court of competent jurisdiction by any 1 or more individuals 
        described in section 733.
    (b) Action by Department of Justice.--The Attorney General may 
bring a civil action in any Federal or State court of competent 
jurisdiction to recover the damages or equitable relief described in 
subsection (a)(1).

SEC. 735. ATTORNEY'S FEES.

    Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is 
amended by inserting ``the Victims' Employment Sustainability Act,'' 
after ``title VI of the Civil Rights Act of 1964,''.

           Subtitle D--Victims of Abuse Insurance Protection

SEC. 741. SHORT TITLE.

    This subtitle may be cited as the ``Victims of Abuse Insurance 
Protection Act''.

SEC. 742. DEFINITIONS.

    In this subtitle:
            (1) Abuse.--The term ``abuse'' means the occurrence of 1 or 
        more of the following acts by a current or former household or 
        family member, intimate partner, or caretaker:
                    (A) Attempting to cause or causing another person 
                bodily injury, physical harm, substantial emotional 
                distress, psychological trauma, rape, sexual assault, 
                or involuntary sexual intercourse.
                    (B) Engaging in a course of conduct or repeatedly 
                committing acts toward another person, including 
                following the person without proper authority and under 
                circumstances that place the person in reasonable fear 
                of bodily injury or physical harm.
                    (C) Subjecting another person to false imprisonment 
                or kidnapping.
                    (D) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (2) Health carrier.--The term ``health carrier'' means a 
        person that contracts or offers to contract on a risk-assuming 
        basis to provide, deliver, arrange for, pay for, or reimburse 
        any of the cost of health care services, including a sickness 
        and accident insurance company, a health maintenance 
        organization, a nonprofit hospital and health service 
        corporation or any other entity providing a plan of health 
        insurance, health benefits, or health services.
            (3) Insured.--The term ``insured'' means a party named on a 
        policy, certificate, or health benefit plan, including an 
        individual, corporation, partnership, association, 
        unincorporated organization, or any similar entity, as the 
        person with legal rights to the benefits provided by the 
        policy, certificate, or health benefit plan. For group 
        insurance, such term includes a person who is a beneficiary 
        covered by a group policy, certificate, or health benefit plan. 
        For life insurance, the term refers to the person whose life is 
        covered under an insurance policy.
            (4) Insurer.--The term ``insurer'' means any person, 
        reciprocal exchange, inter insurer, Lloyds insurer, fraternal 
        benefit society, or other legal entity engaged in the business 
        of insurance, including agents, brokers, adjusters, and third-
        party administrators; and employers who provide or make 
        available employment benefits through an employee benefit plan, 
        as defined in section 3(3) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 102(3)). The term also includes 
        health carriers, health benefit plans, and life, disability, 
        and property and casualty insurers.
            (5) Policy.--The term ``policy'' means a contract of 
        insurance, certificate, indemnity, suretyship, or annuity 
        issued, proposed for issuance or intended for issuance by an 
        insurer, including endorsements or riders to an insurance 
        policy or contract.
            (6) Subject of abuse.--The term ``subject of abuse'' 
        means--
                    (A) a person against whom an act of abuse has been 
                directed;
                    (B) a person who has prior or current injuries, 
                illnesses, or disorders that resulted from abuse; or
                    (C) a person who seeks, may have sought, or had 
                reason to seek medical or psychological treatment for 
                abuse, protection, court-ordered protection, or shelter 
                from abuse.

SEC. 743. DISCRIMINATORY ACTS PROHIBITED.

    (a) In General.--No insurer may, directly or indirectly, engage in 
any of the following acts or practices on the basis that an applicant 
for insurance or insured is, has been, or may be the subject of abuse:
            (1) Denying, refusing to issue, renew or reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (2) Restricting, excluding, or limiting insurance coverage 
        for losses or denying a claim, except as otherwise permitted or 
        required by State laws relating to life insurance 
        beneficiaries.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
    (b) Prohibition on Limitation of Claims.--No insurer may, directly 
or indirectly, deny or limit payment of a claim arising out of abuse to 
an innocent insured under a property and casualty policy or insurance 
contract if the loss is caused by the intentional act of an insured.
    (c) Use of Information.--
            (1) Limitation.--
                    (A) In general.--In order to protect the safety and 
                privacy of subjects of abuse, no person employed by or 
                contracting with an insurer may--
                            (i) use, disclose, or transfer information 
                        relating to abuse status or acts of abuse for 
                        any purpose unrelated to the direct provision 
                        of health care services unless such use, 
                        disclosure, or transfer is required by an order 
                        of an entity with authority to regulate 
                        insurance or an order of a court of competent 
                        jurisdiction; or
                            (ii) disclose or transfer information 
                        relating to an address or telephone number of 
                        an applicant for insurance or an insured or to 
                        the address and telephone number of a shelter 
                        for subjects of abuse, unless such disclosure 
                        or transfer--
                                    (I) is required in order to provide 
                                insurance coverage; and
                                    (II) does not have the potential to 
                                endanger the safety of a subject of 
                                abuse.
                    (B) Rule of construction.--Nothing in this 
                paragraph may be construed to limit or preclude a 
                subject of abuse from obtaining the subject's own 
                insurance records from an insurer.
            (2) Authority of subject of abuse.--A subject of abuse, at 
        the absolute discretion of the subject of abuse, may provide 
        evidence of abuse to an insurer for the limited purpose of 
        facilitating treatment of an abuse-related condition or 
        demonstrating that a condition is abuse-related. Nothing in 
        this paragraph shall be construed as authorizing an insurer or 
        health carrier to disregard such provided evidence.

SEC. 744. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

    Insurers shall develop and comply with written policies specifying 
procedures to be followed by employees, contractors, producers, agents, 
and brokers for the purpose of protecting the safety and privacy of a 
subject of abuse and otherwise implementing this subtitle when taking 
an application, investigating a claim, or taking any other action 
relating to a policy or claim involving a subject of abuse.

SEC. 745. REASONS FOR ADVERSE ACTIONS.

    An insurer that takes an action that adversely affects a subject of 
abuse, shall advise the subject of abuse applicant or insured of the 
specific reasons for the action in writing. For purposes of this 
section, reference to general underwriting practices or guidelines 
shall not constitute a specific reason.

SEC. 746. LIFE INSURANCE.

    Nothing in this subtitle shall be construed to prohibit a life 
insurer from declining to issue a life insurance policy if the 
applicant or prospective owner of the policy is or would be designated 
as a beneficiary of the policy, and if--
            (1) the applicant or prospective owner of the policy lacks 
        an insurable interest in the insured; or
            (2) the applicant or prospective owner of the policy is 
        known, on the basis of police or court records, to have 
        committed an act of abuse against the proposed insured.

SEC. 747. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Subrogation of claims resulting from abuse is prohibited without 
the informed consent of the subject of abuse.

SEC. 748. ENFORCEMENT.

    (a) Federal Trade Commission.--
            (1) In general.--The Federal Trade Commission shall have 
        the power to examine and investigate any insurer to determine 
        whether such insurer has been or is engaged in any act or 
        practice prohibited by this subtitle.
            (2) Cease and desist orders.--If the Federal Trade 
        Commission determines an insurer has been or is engaged in any 
        act or practice prohibited by this subtitle, the Commission may 
        take action against such insurer by the issuance of a cease and 
        desist order as if the insurer was in violation of section 5 of 
        the Federal Trade Commission Act. Such cease and desist order 
        may include any individual relief warranted under the 
        circumstances, including temporary, preliminary, and permanent 
        injunctive and compensatory relief.
    (b) Private Cause of Action.--
            (1) In general.--An applicant or insured who believes that 
        the applicant or insured has been adversely affected by an act 
        or practice of an insurer in violation of this subtitle may 
        maintain an action against the insurer in a Federal or State 
        court of original jurisdiction.
            (2) Relief.--Upon proof of such conduct by a preponderance 
        of the evidence in an action described in paragraph (1), the 
        court may award appropriate relief, including temporary, 
        preliminary, and permanent injunctive relief and compensatory 
        and punitive damages, as well as the costs of suit and 
        reasonable fees for the aggrieved individual's attorneys and 
        expert witnesses.
            (3) Statutory damages.--With respect to compensatory 
        damages in an action described in paragraph (1), the aggrieved 
        individual may elect, at any time prior to the rendering of 
        final judgment, to recover in lieu of actual damages, an award 
        of statutory damages in the amount of $5,000 for each 
        violation.

SEC. 749. EFFECTIVE DATE.

    This subtitle shall apply with respect to any action taken on or 
after the date of enactment of this Act.

 Subtitle E--National Clearinghouse on Domestic and Sexual Violence in 
                          the Workplace Grant

SEC. 751. NATIONAL CLEARINGHOUSE ON DOMESTIC AND SEXUAL VIOLENCE IN THE 
              WORKPLACE GRANT.

    (a) Authority.--The Attorney General may award a grant in 
accordance with this section to a private, nonprofit entity or tribal 
organization that meets the requirements of subsection (b), in order to 
provide for the establishment and operation of a national clearinghouse 
and resource center to provide information and assistance to employers, 
labor organizations, and advocates on behalf of victims of domestic or 
sexual violence, in their efforts to develop and implement appropriate 
responses to assist those victims.
    (b) Grantees.--Each applicant for a grant under this section shall 
submit to the Attorney General an application, which shall--
            (1) demonstrate that the applicant--
                    (A) has a nationally recognized expertise in the 
                area of domestic violence, dating violence, sexual 
                assault, and stalking, and a record of commitment and 
                quality responses to reduce domestic violence, dating 
                violence, sexual assault, and stalking; and
                    (B) will provide matching funds from non-Federal 
                sources in an amount equal to not less than 10 percent 
                of the total amount of the grant awarded under this 
                section; and
            (2) include a plan to maximize, to the extent practicable, 
        outreach to employers (including private companies, as well as 
        public entities such as universities, and State and local 
        governments) in developing and implementing appropriate 
        responses to assist employees who are victims of domestic or 
        sexual violence.
    (c) Use of Grant Amount.--A grant under this section may be used 
for staff salaries, travel expenses, equipment, printing, and other 
reasonable expenses necessary to assemble, maintain, and disseminate to 
employers, labor organizations, and advocates described in subsection 
(a), information on and appropriate responses to domestic violence, 
dating violence, sexual assault, and stalking, including--
            (1) training to promote a better understanding of 
        appropriate assistance to employee victims;
            (2) conferences and other educational opportunities;
            (3) development of protocols and model workplace policies;
            (4) employer- and union-sponsored victim services and 
        outreach counseling; and
            (5) assessments of the workplace costs of domestic 
        violence, dating violence, sexual assault, and stalking.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000 for each of fiscal 
years 2004 through 2008.

                        Subtitle F--Severability

SEC. 761. SEVERABILITY.

    If any provision of this title, any amendment made by this title, 
or the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of the 
provisions of this title, the amendments made by this title, and the 
application of such provisions or amendments to any person or 
circumstance shall not be affected.

        TITLE VIII--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

SEC. 801. SHORT TITLE; REFERENCES TO VAWA-2000; REGULATIONS.

    (a) Short Title.--This title may be cited as ``Immigrant Victims of 
Violence Protection Act of 2005''.
    (b) References to VAWA-2000.--In this title, the term ``VAWA-2000'' 
means the Violence Against Women Act of 2000 (division B of Public Law 
106-386).
    (c) Regulations.-- Not later than 180 days after the date of the 
enactment of this Act, the Attorney General, the Secretary of Homeland 
Security, and Secretary of State shall promulgate regulations to 
implement the provisions contained in the Battered Immigrant Women 
Protection Act of 2000 (title V of VAWA-2000) and the amendments made 
by (and the provisions of) this title.

                  Subtitle A--Immigration Protections

                        PART 1--VICTIMS OF CRIME

SEC. 811. CONDITIONS APPLICABLE TO U AND T VISAS.

    (a) Treatment of U Derivatives.--Clause (ii) of section 
101(a)(15)(U)(ii) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(U)(ii)), as added by section 1513(b) of VAWA-2000, is 
amended to read as follows:
                    ``(ii) the spouse or child of an alien described in 
                clause (i), or the parent of such an alien if the alien 
                is a child, or the unmarried sibling of such a child if 
                such sibling is under 18 years of age on the date on 
                which such alien applied for status under such clause, 
                if--
                            ``(I) the Secretary of Homeland Security 
                        considers it necessary to avoid extreme 
                        hardship to such alien or such spouse, child, 
                        parent, or sibling; or
                            ``(II) a government official described in 
                        clause (i)(III) certifies that an investigation 
                        or prosecution described in such clause would 
                        be harmed without the assistance of such 
                        spouse, child, parent, or sibling; and''.
    (b) Treatment of Spouse and Children of Victims of Trafficking.--
Clause (ii) of section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) is amended to read as follows:
                    ``(ii) if accompanying, or following to join, the 
                alien described in clause (i)--
                            ``(I) in the case of an alien so described 
                        who is under 21 years of age, the spouse, 
                        children, unmarried siblings under 18 years of 
                        age on the date on which such alien applied for 
                        status under such clause, and parents of such 
                        alien; or
                            ``(II) in the case of an alien described in 
                        clause (i) who is 21 years of age or older, the 
                        spouse and children of such alien;''.
    (c) Duration of U and T Visas.--
            (1) U visas.--Section 214(p) of such Act (8 U.S.C. 1184(p)) 
        is amended by adding at the end the following new paragraph:
            ``(6) Duration of status.--The authorized period of status 
        of an alien as a nonimmigrant under section 101(a)(15)(U) shall 
        be 4 years, but shall be extended--
                    ``(A) on a year-by-year basis upon certification 
                from a Federal, State or local law enforcement 
                official, prosecutor, judge, or other Federal, State or 
                local authority investigating or prosecuting criminal 
                activity described in section 101(a)(15)(U)(iii) that 
                the alien's continued presence in the United States is 
                required to assist in the investigation or prosecution 
                of such criminal activity; and
                    ``(B) if the alien files an application for 
                adjustment of status under section 245(m), until final 
                adjudication of such application.''.
            (2) T visas.--Section 214(o) of such Act (8 U.S.C. 
        1184(o)), as redesignated by section 8(a)(3) of the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public Law 108-
        193), is amended by adding at the end the following:
    ``(7) The authorized period of status of an alien as a nonimmigrant 
status under section 101(a)(15)(T) shall be 4 years, but shall be 
extended--
            ``(A) on a year-by-year basis upon certification from a 
        Federal, State or local law enforcement official, prosecutor, 
        judge, or other Federal, State or local authority investigating 
        or prosecuting criminal activity relating to human trafficking 
        that the alien's continued presence in the United States is 
        required to assist in the investigation or prosecution of such 
        criminal activity; and
            ``(B) if the alien files an application for adjustment of 
        status under section 245(l), until final adjudication of such 
        application.''.
    (d) Permitting Change of Nonimmigrant Status to U and T 
Nonimmigrant Status.--
            (1) In general.--Section 248 of such Act (8 U.S.C. 1258) is 
        amended--
                    (A) by striking ``The Attorney General'' and 
                inserting ``(a) The Secretary of Homeland Security'';
                    (B) by inserting ``(subject to subsection (b))'' 
                after ``except''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) The limitation based on inadmissibility under section 
212(a)(9)(B) and the exceptions specified in numbered paragraphs of 
subsection (a) shall not apply to a change of nonimmigrant 
classification to that of a nonimmigrant under subparagraph (T) or (U) 
of section 101(a)(15), other than from such classification under 
subparagraph (C) or (D) of such section.''.
            (2) Conforming amendment.--Section 214(l)(2)(A) of such Act 
        (8 U.S.C. 1184(l)(2)(A)) is amended by striking ``248(2)'' and 
        inserting ``248(a)(2)''.
    (e) U Visa Crimes.--
            (1) In general.--Section 101(a)(15)(U) of such Act (8 
        U.S.C. 1101(a)(15)(U)) is amended--
                    (A) in clause (i)(I)--
                            (i) by inserting ``or injury'' after 
                        ``physical or mental abuse''; and
                            (ii) by inserting ``or witness'' after 
                        ``victim''; and
                    (B) in clause (iii), by inserting ``child abuse; 
                stalking (including physical or electronic stalking);'' 
                after ``unlawful criminal restraint; false 
                imprisonment;''.
            (2) Implementation.--It is the intent of Congress that 
        certifications should be made under clause (i)(III) of section 
        101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(U)) where an alien provides information to a law 
        enforcement official on criminal activity described in clause 
        (iii) of such section and is willing to help in the 
        investigation of such activity, regardless of whether a 
        prosecution is made in such case or if prosecution is made for 
        criminal activity not described in such clause.
    (f) Certification Process for Victims of Trafficking.--
            (1) Victim assistance in investigation or prosecution.--
        Section 107(b)(1)(E) of the Trafficking Victims Protection Act 
        of 2000 (Division A of Public Law 106-386; 22 U.S.C. 
        7105(b)(1)(E)) is amended----
                    (A) in clause (i)(I), by striking ``investigation 
                and prosecution'' and inserting ``investigation or 
                prosecution, by the United States or a State or local 
                government''; and
                    (B) in clause (iii)--
                            (i) by striking ``Investigation and 
                        prosecution'' and ``investigation and 
                        prosecution'' and inserting ``Investigation or 
                        prosecution'' and ``investigation or 
                        prosecution'', respectively;
                            (ii) in subclause (II), by striking ``and'' 
                        at the end;
                            (iii) in subclause (III), by striking the 
                        period and inserting ``; or''; and
                            (iv) by adding at the end the following new 
                        subclause:
                                    ``(IV) responding to and 
                                cooperating with requests for evidence 
                                and information.''.
            (2) Clarifying roles of attorney general and secretary of 
        homeland security.--
                    (A) Section 107 of the Trafficking Victims 
                Protection Act of 2000 (Division A of Public Law 106-
                386; 22 U.S.C. 7105) is amended--
                            (i) in subsections (b)(1)(E)(i)(II)(bb), 
                        (b)(1)(E)(ii), (e)(5), and (g), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''; and
                            (ii) in subsection (c), by inserting ``, 
                        Secretary of Homeland Security,'' after 
                        ``Attorney General''.
                    (B) Section 101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)) is amended by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security'' each place it appears.
                    (C) Section 212(d)(13) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(d)(13)) is amended--
                            (i) in subparagraph (A), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'';
                            (ii) in subparagraph (B), by striking 
                        ``Attorney General'' the first place it appears 
                        and inserting ``Secretary of Homeland 
                        Security''; and
                            (iii) in subparagraph (B), by striking 
                        ``Attorney General, in the Attorney General's 
                        discretion'' and inserting ``Secretary, in the 
                        Secretary's discretion''.
                    (D) Section 101(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(i)) is amended--
                            (i) in paragraph (1), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security, the Attorney General,''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''.
                    (E) Section 245(l) of the Immigration and 
                Nationality Act (8 U.S.C. 1255(l)) is amended--
                            (i) by striking ``Attorney General'' and 
                        inserting ``Secretary of Homeland Security'' 
                        the first place it appears in paragraphs (1) 
                        and (2) and in paragraph (4);
                            (ii) by striking ``Attorney General'' and 
                        inserting ``Secretary '' the second place it 
                        appears in paragraphs (1) and (2); and
                            (iii) in paragraph (2), by striking 
                        ``Attorney General's'' and inserting 
                        ``Secretary's''.
            (3) Petitioning by state and local law enforcement 
        officials.--Section 107(c)(3) of the Trafficking Victims 
        Protection Act of 2000 (Division A of Public Law 106-386; 22 
        U.S.C. 7105(c)(3)) is amended by adding at the end the 
        following: ``State or local law enforcement officials may 
        petition Federal law enforcement officials for the continued 
        presence for trafficking victims. If such a petition contains a 
        certification that a trafficking victim is a victim of a severe 
        form of trafficking, the presence of the trafficking victim 
        shall be permitted in accordance with this paragraph.''.
    (g) Effective Dates.--
            (1) In general.--The amendments made by subsections (a), 
        (b), (c)(1), (d), and (e) shall take effect on the date of the 
        enactment of this Act.
            (2) Transition for duration of t visas.--In the case of an 
        alien who is classified as a nonimmigrant under section 
        101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(T)) before the the date of implementation of the 
        amendment made by subsection (c)(2) and whose period of 
        authorized stay was less than 4 years, the authorized period of 
        status of the alien as such a nonimmigrant shall be extended to 
        be 4 years and shall be further extended on a year-by-year 
        basis as provided in section 214(o)(7) of such Act, as added by 
        such amendment.
            (3) Certification process.--(A) The amendments made by 
        subsection (f)(1) shall be effective as if included in the 
        enactment of VAWA-2000.
            (B) The amendments made by subsection (f)(2) shall be 
        effective as of the applicable date of transfer of authority 
        from the Attorney General to the Secretary of Homeland Security 
        under the Homeland Security Act of 2002 (Public Law 107-296).
            (C) The amendment made by subsection (f)(3) shall be 
        effective as if included in the enactment of the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public Law 108-
        193).

SEC. 812. CLARIFICATION OF BASIS FOR RELIEF UNDER HARDSHIP WAIVERS FOR 
              CONDITIONAL PERMANENT RESIDENCE.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by adding at the end 
the following: ``An application for relief under this paragraph may be 
based on one or more grounds specified in subparagraphs (A) through (D) 
and may be amended at any time to change the ground or grounds for such 
relief without the application being resubmitted.''.
    (b) Conforming Amendment.--Section 237(a)(1)(H)(ii) of such Act (8 
U.S.C. 1227(a)(1)(H)(ii)) is amended by inserting before the period at 
the end the following: ``or qualifies for a waiver under section 
216(c)(4)''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to applications for relief pending or filed on or after April 10, 
2003 .

SEC. 813. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.

    Section 245(l)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(1)(A)) is amended by striking ``for a continuous period 
of at least 3 years''.

                        PART 2--VAWA PETITIONERS

SEC. 821. DEFINITION OF VAWA PETITIONER.

    (a) In General.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following 
new paragraph:
    ``(51) The term `VAWA petitioner' means an alien whose application 
or petition for classification or relief under any of the following 
provisions (whether as a principal or as a derivative) has been filed 
and has not been denied after exhaustion of administrative appeals:
            ``(A) Clause (iii), (iv), or (vii) of section 204(a)(1)(A).
            ``(B) Clause (ii) or (iii) of section 204(a)(1)(B).
            ``(C) The first section of Public Law 89-732 (commonly 
        known as the Cuban Adjustment Act) as a child or spouse who has 
        been battered or subjected to extreme cruelty.
            ``(D) Section 902(d)(1)(B) of the Haitian Refugee 
        Immigration Fairness Act of 1998 (division A of section 101(h) 
        of Public Law 105-277).
            ``(E) Section 202(d)(1) of the Nicaraguan Adjustment and 
        Central American Relief Act (8 U.S.C. 1255 note; Public Law 
        105-100).
            ``(F) Section 309(c)(5) of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (division C of Public 
        Law 104-208; 8 U.S.C. 1101 note).''.
    (b) Conforming Amendments.--
            (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C. 
        1182(a)(6)(A)(ii)(I)) is amended by striking ``qualifies for 
        immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii), 
        or (B)(iii) of section 204(a)(1)'' and inserting ``is a VAWA 
        petitioner''.
            (2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C. 
        1182(a)(9)(C)(ii)) is amended by striking ``to whom the 
        Attorney General has granted classification under clause (iii), 
        (iv), or (v) of section 204(a)(1)(A), or classification under 
        clause (ii), (iii), or (iv) of section 204(a)(1)(B)'' and 
        inserting ``is a VAWA petitioner''.
            (3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8 
        U.S.C. 1182) is amended by striking ``qualifies for 
        classification under clause (iii) or (iv) of section 
        204(a)(1)(A) or classification under clause (ii) or (iii) of 
        section 204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is 
        amended by striking ``an alien granted classification under 
        clause (iii) or (iv) of section 201(a)(1)(A) or clause (ii) or 
        (iii) of section 204(a)(1)(B)'' and inserting ``a VAWA 
        petitioner''.
            (5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 
        1227(a)(1)(H)(ii)) is amended by striking ``is an alien who 
        qualifies for classification under clause (iii) or (iv) of 
        section 204(a)(1)(A) or clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
            (6) Section 240A(b)(4)(B) of such Act (8 U.S.C. 
        1229b(b)(4)(B)) is amended by striking ``they were applications 
        filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
        (B)(iii) of such Act'' and inserting ``the applicants were VAWA 
        petitioners''.
            (7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (B)(ii), or (B)(iii) of section 204(a)(1) or'' and inserting 
        ``as a VAWA petitioner''.
            (8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is 
        amended by striking ``under subparagraph (A)(iii), (A)(iv), 
        (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 
        204(a)(1)'' and inserting ``as a VAWA petitioner''.

SEC. 822. SELF-PETITIONING FOR CHILDREN.

    (a) Self-Petitioning by Children of Parent-Abusers Upon Death or 
Other Termination of Parent-Child Relationship.--
            (1) Citizen parents.--Section 204(a)(1)(A)(iv) of the 
        Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is 
        amended--
                    (A) by striking ``or who'' and inserting ``who''; 
                and
                    (B) by inserting after ``domestic violence,'' the 
                following: ``or who was a child of a United States 
                citizen parent who within the past 2 years (or, if 
                later, two years after the date the child attains 18 
                years of age) died or otherwise terminated the parent-
                child relationship,''.
            (2) Lawful permanent resident parents.--
                    (A) In general.--Section 204(a)(1)(B)(iii) of such 
                Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
                            (i) by striking ``or who'' and inserting 
                        ``who''; and
                            (ii) by inserting after ``domestic 
                        violence,'' the following: ``or who was a child 
                        of a lawful permanent resident resident who 
                        within the past 2 years (or, if later, two 
                        years after the date the child attains 18 years 
                        of age) died or otherwise terminated the 
                        parent-child relationship,''.
                    (B) Conforming treatment of deceased spouses.--
                Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 
                U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
                            (i) by redesignating subitems (aaa) and 
                        (bbb) as subitems (bbb) and (ccc), 
                        respectively; and
                            (ii) by inserting before subitem (bbb), as 
                        so redesignated, the following:
                    ``(aaa) whose spouse died within the past 2 
                years;''.
            (3) Effective dates.--
                    (A) In general.--Subject to subparagraph (B), the 
                amendment made by paragraphs (1) and (2) shall take 
                effect on the date of the enactment of this Act.
                    (B) Transition in case of citizen parents who died 
                before enactment.--In applying the amendments made by 
                paragraphs (1) and (2)(A) in the case of an alien whose 
                citizen parent or lawful permanent resident parent died 
                or whose parent-child relationship with such parent 
                terminated during the period beginning on October 28, 
                1998, and ending on the date of the enactment of this 
                Act, the following rules apply:
                            (i) The reference to ``within the past 2 
                        years'' in section 204(a)(1)(A)(iv) or 
                        204(a)(1)(B)(iii), respectively, of the 
                        Immigration and Nationality Act in the matter 
                        inserted by such paragraph is deemed to be a 
                        reference to such period.
                            (ii) The petition must be filed under such 
                        section within 2 years after the date of the 
                        enactment of this Act (or, if later, 2 years 
                        after the alien's 18th birthday).
                            (iii) The determination of eligibility for 
                        benefits as a child under such section 
                        (including under section 204(a)(1)(D) of the 
                        Immigration and Nationality Act by reason of a 
                        petition authorized under such section) shall 
                        be determined as of the date of the death of 
                        the citizen parent or lawful permanent resident 
                        parent or the termination of the parent-child 
                        relationship.
    (b) Protecting Victims of Child Abuse From Aging Out.--
            (1) Clarification regarding continuation of immediate 
        relative status for children of citizens.--Section 
        204(a)(1)(D)(i)(I) of the Immigration and Nationality Act (8 
        U.S.C. 1154(a)(1)(D)(i)(I)) is amended--
                    (A) by striking ``clause (iv) of section 
                204(a)(1)(A)'' and inserting ``subparagraph (A)(iv)''; 
                and
                    (B) by striking ``a petitioner for preference 
                status under paragraph (1), (2), or (3) of section 
                203(a), whichever paragraph is applicable'' and 
                inserting ``to continue to be treated as an immediate 
                relative under section 201(b)(2)(A)(i), or a petitioner 
                for preference status under section 203(a)(3) if 
                subsequently married,''.
            (2) Clarification regarding application to children of 
        lawful permanent residents.--Section 204(a)(1)(D) of such Act 
        (8 U.S.C. 1154(a)(1)(D)) is amended----
                    (A) in clause (i)(I)--
                            (i) by inserting after the first sentence 
                        the following new sentence: ``Any child who 
                        attains 21 years of age who has filed a 
                        petition under subparagraph (B)(iii) that was 
                        filed or approved before the date on which the 
                        child attained 21 year of age shall be 
                        considered (if the child has not been admitted 
                        or approved for lawful permanent residence by 
                        the date the child attained 21 years of age) a 
                        petitioner for preference status under section 
                        203(a)(2)(A), with the same priority date 
                        assigned to the self-petition filed under such 
                        subparagraph.''; and
                            (ii) in the last sentence, by inserting 
                        ``in either such case'' after ``shall be 
                        required to be filed'';
                    (B) in clause (i)(III), by striking ``paragraph 
                (1), (2), or (3) of section 203(a)'' and inserting 
                ``section 203(a)(2)(A)''; and
                    (C) in clause (ii), by striking ``(A)(iii), 
                (A)(iv),''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to applications filed before, on, or after the date 
        of the enactment of VAWA-2000.
    (c) Clarification of No Separate Adjustment Application for 
Derivative Children.--
            (1) In general.--Section 245(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(a)) is amended by adding at the 
        end the following: ``In the case of a petition under clause 
        (ii), (iii), or (iv) of section 204(a)(1)(A) that includes an 
        individual as a derivative child of a principal alien, no 
        adjustment application other than the adjustment application of 
        the principal alien shall be required for adjustment of status 
        of the individual under this subsection or subsection (c).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.
    (d)  Late Petition Permitted for Adults Abused as Children.--
            (1) In general.--Section 204(a)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by 
        subsection (b)(1), is amended by adding at the end the 
        following new clause:
    ``(v) In the case of an alien who qualified to petition under 
subparagraph (A)(iv) or (B)(iii) as of the date the individual attained 
21 years of age, the alien may file a petition under such respective 
subparagraph notwithstanding that the alien has attained such age or 
been married so long as the petition is filed before the date the 
individual attains 30 years of age. In the case of such a petition, the 
alien shall remain eligible for adjustment of status as a child 
notwithstanding that the alien has attained 21 years of age or has 
married, or both.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to individuals who attain 21 years of age on or 
        after the date of the enactment of VAWA-2000.

SEC. 823. SELF-PETITIONING PARENTS.

    (a) In General.--Section 204(a)(1)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding at the 
end the following new clause:
    ``(vii) An alien who--
            ``(I) is the parent of a citizen of the United States or 
        was a parent of a citizen of the United States who within the 
        past 2 years lost or renounced citizenship status related to 
        battering or extreme cruelty by the United States citizen son 
        or daughter or who within the past two years died;
            ``(II) is a person of good moral character;
            ``(III) is eligible to be classified as an immediate 
        relative under section 201(b)(2)(A)(i); and
            ``(IV) resides, or has resided in the past, with the 
        citizen daughter or son;
may file a petition with the Secretary of Homeland Security under this 
subparagraph for classification of the alien under such section if the 
alien demonstrates that the alien has been battered by or has been the 
subject of extreme cruelty perpetrated by the alien's citizen son or 
daughter.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 824. PROMOTING CONSISTENCY IN VAWA ADJUDICATIONS.

    (a) In General.--Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
            (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), by striking 
        ``an incident of domestic violence'' and inserting ``battering 
        or extreme cruelty by the United States citizen spouse'';
            (2) in subparagraph (A)(iv), by striking ``an incident of 
        domestic violence'' and inserting ``battering or extreme 
        cruelty by such parent'';
            (3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), by striking 
        ``due to an incident of domestic violence'' and inserting 
        ``related to battering or extreme cruelty by the lawful 
        permanent resident spouse''; and
            (4) in subparagraph (B)(iii), by striking ``due to an 
        incident of domestic violence'' and inserting ``related to 
        battering or extreme cruelty by such parent''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of VAWA-2000.

SEC. 825. RELIEF FOR CERTAIN VICTIMS PENDING ACTIONS ON PETITIONS AND 
              APPLICATIONS FOR RELIEF.

    (a) VAWA Petitioners and Applicants for U and T Nonimmigrant 
Classification.--
            (1) In general.-- Section 204(a)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1154(a)(1)) is amended by adding at 
        the end the following new subparagraph:
    ``(K)(i) In the case of an alien in the United States for whom a 
petition as a VAWA petitioner has been filed--
            ``(I) if the petition sets forth a prima facie case for 
        approval, the alien shall not be removed, detained, or 
        deported, and such a petition shall be processed without regard 
        to whether a proceeding to remove or deport such alien is 
        brought or pending; and
            ``(II) if the petition is approved, the alien is eligible 
        for work authorization and shall be provided an `employment 
        authorized' endorsement or other appropriate work permit 
        incidental to such approval.
    ``(ii) In the case of an alien in the United States for whom an 
application for nonimmigrant status (whether as a principal or 
derivative child) under subparagraph (T) of section 101(a)(15) has been 
filed--
            ``(I) if there is a bona fide determination that the 
        application is approvable or the application is approved, the 
        alien shall not be removed, detained, or deported; and
            ``(II) if the application is approved, the alien is 
        eligible for work authorization and shall be provided an 
        `employment authorized' endorsement or other appropriate work 
        permit incidental to such approval.
    ``(iii) In the case of an alien in the United States for whom an 
application for nonimmigrant status (whether as a principal or 
derivative child) under subparagraph (U) of section 101(a)(15) has been 
filed, if interim relief is granted on the application or the 
application is approved--
            ``(I) the alien shall not be removed, detained, or 
        deported; and
            ``(II) the alien is eligible for work authorization and 
        shall be provided an `employment authorized' endorsement or 
        other appropriate work permit incidental to such relief or 
        approval.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to petitions and applications filed before, on, or 
        after such date.
    (b) Applicants for Cancellation of Removal or Suspension of 
Deportation.--
            (1) In general.--Section 240A(b)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)(2)) is amended by adding at 
        the end the following new subparagraph: :
                    ``(E) Relief while application pending.--In the 
                case of an alien who has applied for relief under this 
                paragraph and whose application sets forth a prima 
                facie case for such relief or who has filed an 
                application for relief under section 244(a)(3) (as in 
                effect on March 31, 1997) that sets forth a prima facie 
                case for such relief--
                            ``(i) the alien shall not be removed, 
                        detained, or deported unless the application is 
                        denied and all opportunities for appeal of the 
                        denial have been exhausted; and
                            ``(ii) such an application shall be 
                        processed without regard to whether a 
                        proceeding to remove or deport such alien is 
                        brought or pending.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to applications filed before, on, or after such 
        date.

SEC. 826. ACCESS TO VAWA PROTECTION REGARDLESS OF MANNER OF ENTRY.

    (a) Fiancees.--
            (1) In general.--Section 214(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(d)) is amended by inserting 
        before the period at the end the following: ``, unless the 
        alien is not eligible under section 204(c) to have a petition 
        approved and is eligible for status as a VAWA petitioner, for 
        status as a nonimmigrant under subparagraph (T) or (U) of 
        section 101(a)(15)(T), or for relief under section 240A(b)(2) 
        or under section 244(a)(3) (as in effect on March 31, 1997)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to aliens admitted before, on, or after such date.
    (b) Spouses Who Are Conditional Permanent Residents.--
            (1) In general.--Section 245(d) of the Immigration and 
        Nationality Act (8 U.S.C. 1255(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Paragraph (1) shall not apply to an alien who seeks 
adjustment of status on the basis of an approved petition for 
classification as a VAWA petitioner.''.
            (2) Conforming clarification in cancellation of removal.--
        Section 240A(b)(2)(A) of such Act (8 U.S.C. 1229b(b)(2)(A)) is 
        amended, in the matter before clause (i), by inserting ``, 
        regardless of whether the alien has been admitted for permanent 
        residence on a conditional basis under section 216,'' before 
        ``if the alien demonstrates''.
            (3) Suspension of deportation.--An alien may qualify for 
        relief under section 244(a)(3) of the Immigration and 
        Nationality Act (as in effect on March 31, 1997), regardless of 
        whether the alien has been admitted for permanent residence on 
        a conditional basis under section 216 of such Act.
            (4) Effective date.--The amendments made by this 
        subsection, and the provisions of paragraph (3), shall take 
        effect on the date of the enactment of this Act and shall apply 
        to applications for adjustment of status, for cancellation of 
        removal, or for suspension of deportation filed before, on, or 
        after such date.
    (c) Spouses and Children of Asylum Applicants Under Adjustment 
Provisions.--
            (1) In general.--Section 209(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following:
            ``(B) was the spouse of a refugee within the meaning of 
        section 101(a)(42)(A) at the time the asylum application was 
        granted and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee or whose child was battered 
        or subjected to extreme cruelty by such refugee (without the 
        active participation of such spouse in the battery or cruelty), 
        or
            ``(C) was the child of a refugee within the meaning of 
        section 101(a)(42)(A) at the time of the filing of the asylum 
        application and who was battered or was the subject of extreme 
        cruelty perpetrated by such refugee,''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act 
        and--
                    (A) section 209(b)(3)(B) of the Immigration and 
                Nationality Act, as added by paragraph (1)(B), shall 
                apply to asylum applications granted before, on, or 
                after such date; and
                    (B) section 209(b)(3)(C) of such Act, as so added, 
                shall apply with respect to asylum applications filed 
                before, on, or after such date.
    (d) Visa Waiver Entrants.--
            (1) In general.--Section 217(b)(2) of such Act (8 U.S.C. 
        1187(b)(2)) is amended by inserting after ``asylum,'' the 
        following: ``as a VAWA petitioner, or for relief under 
        subparagraph (T) or (U) of section 101(a)(15), under section 
        240A(b)(2), or under section 244(a)(3) (as in effect on March 
        31, 1997),''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to waivers provided under section 217(b)(2) of the 
        Immigration and Nationality Act before, on, or after such date 
        as if it had been included in such waivers.
    (e) Exception From Foreign Residence Requirement for Educational 
Visitors.--
            (1) In general.--Section 212(e) of such Act (8 U.S.C. 
        1182(e)) is amended, in the matter before the first proviso, by 
        inserting ``unless the alien is a VAWA petitioner or a 
        nonimmigrant under subparagraph (T) or (U) of section 
        101(a)(15)'' after ``following departure from the United 
        States''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to .

SEC. 827. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR 
              ADJUSTMENTS OF STATUS.

    (a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) of the 
REAL ID Act of 2005 (Division B of Public Law 109-13), is amended--
            (1) in subclause (I), by striking ``under clause (iii) or 
        (iv) of section 204(a)(1)(A), clause (ii) or (iii) of section 
        204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
            (2) in subclause (II), by inserting ``or adjustment of 
        status'' after ``cancellation of removal''.
    (b) Application of VAWA Deportation Protections for Transitional 
Relief to All VAWA Petitioners.--Section 1506(c)(2) of the Violence 
Against Women Act of 2000 (8 U.S.C. 1229a note) is amended--
            (1) in subparagraph (A)--
                    (A) by amending clause (i) to read as follows:
                            ``(i) if the basis of the motion is to 
                        apply for relief as a VAWA petitioner (as 
                        defined in section 101(a)(51) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101(a)(51)) or under section 244(a)(3) of such 
                        Act (8 U.S.C. 1254(a)(3)); and''; and
                    (B) in clause (ii), by inserting ``or adjustment of 
                status'' after ``suspension of deportation''; and
            (2) in subparagraph (B)(ii), by striking ``for relief'' and 
        all that follows through ``1101 note))'' and inserting ``for 
        relief described in subparagraph (A)(i)''.
    (c) Application of VAWA-Related Relief Under Section 202 of 
NACARA.--
            (1) In general.--Section 202(d)(1) of the Nicaraguan 
        Adjustment and Central American Relief Act (8 U.S.C. 1255 note; 
        Public Law 105-100) is amended--
                    (A) in subparagraph (B)(ii), by inserting ``, or 
                was eligible for adjustment,'' after ``whose status is 
                adjusted''; and
                    (B) in subparagraph (E), by inserting after ``April 
                1, 2000'' the following: ``, or, in the case of an 
                alien who qualifies under subparagraph (B)(ii), applies 
                for such adjustment during the 18-month period 
                beginning on the date of enactment of the Violence 
                Against Women Act of 2005'' .
            (2) Technical amendment.--Section 202(d)(3) of such Act (8 
        U.S.C. 1255 note; Public Law 105-100) is amended by striking 
        ``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
            (3) Effective date.--The amendment made by paragraph (2) 
        shall take effect as if included in the enactment of VAWA-2000.
    (d) Petitioning Rights of Certain Former Spouses Under Cuban 
Adjustment.--
            (1) In general.--The first section of Public Law 89-732 (8 
        U.S.C. 1255 note) is amended--
                    (A) in the last sentence, by striking 
                ``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''; and
                    (B) by adding at the end the following: ``An alien 
                who was the spouse of any Cuban alien described in this 
                section and has resided with such spouse shall continue 
                to be treated as such a spouse for 2 years after the 
                date on which the Cuban alien dies (or, if later, 2 
                years after the date of enactment of Violence Against 
                Women Act of 2005), or for 2 years after the date of 
                termination of the marriage (or, if later, 2 years 
                after the date of enactment of Violence Against Women 
                Act of 2005) if the alien demonstrates a connection 
                between the termination of the marriage and the 
                battering or extreme cruelty by the Cuban alien.''.
            (2) Effective date.--The amendment made by paragraph (1)(A) 
        shall take effect as if included in the enactment of VAWA-2000.
    (e) Self-Petitioning Rights of HRIFA Applicants.--
            (1) In general.--Section 902(d)(1)(B) of the Haitian 
        Refugee Immigration Fairness Act of 1998 (division A of section 
        101(h) of Public Law 105-277; 112 Stat. 2681-538; 8 U.S.C. 1255 
        note), as amended by section 1511(a) of VAWA-2000, is amended--
                    (A) in clause (i), by striking ``whose status is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence'' and inserting ``who is or was 
                eligible for classification'';
                    (B) in clause (ii), by striking ``whose status is 
                adjusted to that of an alien lawfully admitted for 
                permanent residence'' and inserting ``who is or was 
                eligible for classification''; and
                    (C) in clause (iii), by striking ``204(a)(1)(H)'' 
                and inserting ``204(a)(1)(J)'' .
            (2) Effective date.--The amendments made by paragraph 
        (1)(C) shall take effect as if included in the enactment of 
        VAWA-2000.
    (f) Self-Petitioning Rights Under Section 203 of NACARA.--Section 
309 of the Illegal Immigration and Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note), as 
amended by section 203(a) of the Nicaraguan Adjustment and Central 
American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), is 
amended--
            (1) in subsection (c)(5)(C)(i)(VII)(aa), as amended by 
        section 1510(b) of VAWA-2000--
                    (A) by striking ``or'' at the end of subitem (BB);
                    (B) by striking ``and'' at the end of subitem (CC) 
                and inserting ``or''; and
                    (C) by adding at the end the following new subitem:
                                            ``(DD) at the time at which 
                                        the spouse or child files an 
                                        application for suspension of 
                                        deportation or cancellation of 
                                        removal; and''; and
            (2) in subsection (g)--
                    (A) by inserting ``(1)'' before 
                ``Notwithstanding'';
                    (B) by inserting ``subject to paragraph (2),'' 
                after ``section 101(a) of the Immigration and 
                Nationality Act)),''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) There shall be no limitation on a motion to reopen removal or 
deportation proceedings in the case of an alien who is described in 
subclause (VI) or (VII) of subsection (c)(5)(C)(i). Motions to reopen 
removal or deportation proceedings in the case of such an alien shall 
be handled under the procedures that apply to aliens seeking relief 
under section 204(a)(1)(A)(iii) of the Immigration and Nationality 
Act.''.
    (g) Effective Date.--Except as otherwise provided in this section, 
the amendments made by this section shall take effect on the date of 
the enactment of this Act.

SEC. 828. PAROLE FOR VAWA PETITIONERS AND DERIVATIVES.

    (a) In General.--Section 240A(b)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)(4)) is amended--
            (1) in the heading, by inserting ``Battered aliens and'' 
        before ``Children of battered aliens'';
            (2) in subparagraph (A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; or''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) a VAWA petitioner.''; and
            (3) in subparagraph (B)--
                    (A) in the first sentence, by inserting ``on a 
                year-by-year basis'' after ``shall extend''; and
                    (B) in the first sentence, by inserting ``or, in 
                the case of subparagraph (A)(iii), from the date of 
                approval of the applicable petition'' after ``1996)''.
    (b) Conforming Amendment.--Section 212(d)(5) of such Act (8 U.S.C. 
1182(d)(5)) is amended by adding at the end the following new 
subparagraph:
    ``(C) For provision providing for parole for certain battered 
aliens, children or battered aliens, and parents of battered alien 
children, see section 240A(b)(4).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 829. EXEMPTION OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND 
              TRAFFICKING FROM SANCTIONS FOR FAILURE TO DEPART 
              VOLUNTARILY.

    (a) In General.--Section 240B(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229c(d)) is amended--
            (1) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (2) by adding at the end the following new paragraph::
    ``(2) The ineligibility for relief under paragraph (1) shall not 
apply to an alien who is a VAWA petitioner, who is seeking status as a 
nonimmigrant under subparagraph (T) or (U) of section 101(a)(15), or 
who is an applicant for relief under section 240A(b)(2) or under 
section 244(a)(3) (as in effect on March 31, 1997).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of the Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) 
and shall apply to failures to depart voluntarily occurring before, on, 
or after the date of the enactment of this Act.

SEC. 830. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF 
              DOMESTIC VIOLENCE.

    (a) In General.--Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty 
by a United States citizen spouse or parent'' the following: ``, 
regardless of whether the lawful permanent resident status was obtained 
on the basis of such battery or cruelty''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed before, on, or after the date of 
the enactment of this Act.

SEC. 831. CONSOLIDATING ADJUDICATION OF VAWA CASES IN VAWA UNIT.

    (a) In General.--Subtitle F of title IV of the Homeland Security 
Act of 2002 (Public Law 107-296) is amended by adding at the end the 
following new section:

``SEC. 479. CONSOLIDATED ADJUDICATION OF VAWA CASES IN VAWA UNIT.

    ``(a) Sole Jurisdiction.--The Secretary of Homeland Security shall 
designate the VAWA unit as the administrative unit within the 
Department of Homeland Security with sole jurisdiction over the 
adjudication of the following:
            ``(1) Applications and petitions of VAWA petitioners 
        described in section 101(a)(51) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(51)).
            ``(2) Applications for nonimmigrant status under 
        subparagraph (T) or (U) of section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
            ``(3) Applications seeking relief under paragraph (2) or 
        (4) of section 240A(b) of the Immigration and Nationality Act 
        (8 U.S.C. 122b(b)).
            ``(4) Applications for adjustment of status by VAWA 
        petitioners who are described in subparagraph (A) or (B) of 
        section 101(a)(51) of such Act.
            ``(5) Applications for employment authorization under 
        section 214(c)(11).
    ``(b) Additional Jurisdiction.--The VAWA unit may have jurisdiction 
over such other matters as the Secretary may specify.
    ``(c) VAWA Unit Defined.--For purposes of this section, the term 
`VAWA unit' means the administrative unit within the Department of 
Homeland Security that has responsibility as of May 1, 2005, for 
petitions under subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) 
of section 204(a)(1) of the Immigration and Nationality Act and for 
applications for nonimmigrant status under subparagraphs (T) and (U) of 
section 101(a)(15) of such Act.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 478 
the following new item:

``Sec. 479. Consolidated adjudication of VAWA cases in VAWA unit.''.
    (c) Effective Date.--The amendment made by paragraph (1) shall 
apply to applications and petitions filed on or after the date that is 
180 days after the date of the enactment of this Act and, to the extent 
feasible, to applications and petitions filed before such date.

SEC. 832. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR 
              DEPORTABILITY BASED ON PROTECTED INFORMATION.

    (a) Application to Additional Departments and Other Battered 
Aliens.--Section 384 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1367) is amended--
            (1) in subsection (a), as amended by section 1513(d) of 
        VAWA-2000--
                    (A) in the matter before paragraph (1), by striking 
                ``(including any bureau or agency of such Department)'' 
                and inserting ``, or the Secretary of Homeland 
                Security, the Secretary of State, the Secretary of 
                Health and Human Services, or the Secretary of Labor or 
                any other official or employee of the Department of 
                Homeland Security, the Department of State, the 
                Department of Health and Human Services, or the 
                Department of Labor (including any bureau or agency of 
                any such Department)'';
                    (B) in paragraph (1)--
                            (i) in the matter before subparagraph (A), 
                        by striking ``furnished solely by'' and 
                        inserting ``furnished by or derived from 
                        information provided solely by'';
                            (ii) by striking ``or'' at the end of 
                        subparagraph (D);
                            (iii) by adding ``or'' at the end of 
                        subparagraph (E); and
                            (iv) by inserting after subparagraph (E) 
                        the following new subparagraph:
                    ``(F) in the case of an alien applying for 
                continued presence as a victim of trafficking under 
                section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                Protection Act of 2000 or status under section 
                101(a)(15)(T) of the Immigration and Nationality Act, 
                the trafficker or perpetrator,''; and
                            (v) by striking ``or'' at the end;
                    (C) in paragraph (2)--
                            (i) by striking ``of the Department,'' and 
                        inserting ``of any such Department,'';
                            (ii) by striking ``under clause (iii) or 
                        (iv) of section 204(a)(1)(A), clause (ii) or 
                        (iii) of section 204(a)(1)(B)'' and inserting 
                        ``as a VAWA petitioner (as defined in section 
                        101(a)(51) of the Immigration and Nationality 
                        Act), or under'';
                            (iii) by striking ``or section 240A(a)(3) 
                        of such Act as an alien (or the part of a 
                        child) who has been battered or subjected to 
                        extreme cruelty.'' and inserting the following: 
                        ``, section 101(a)(15)(T), or section 
                        240A(b)(2) of such Act, or section 244(a)(3) of 
                        such Act (as in effect on March 31, 1997), or 
                        for continued presence as a victim of 
                        trafficking under section 
                        107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                        Protection Act of 2000, or any derivative of 
                        the alien;''; and
                            (iv) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by inserting after paragraph (2) the following:
            ``(3) undertake any part of an enforcement action--
                    ``(A) at a domestic violence shelter, a victims 
                services organization or program (as described in 
                section 2003(8) of the Omnibus Crime Control and Safe 
                Streets Act of 1968), a rape crisis center, a family 
                justice center, or a supervised visitation center; or
                    ``(B) against an alien at a courthouse (or in 
                connection with the appearance of the alien at a 
                courthouse) if the alien is appearing in connection 
                with a protection order case, child custody case, or 
                other civil or criminal case relating to domestic 
                violence, sexual assault, trafficking, or stalking in 
                which the alien has been battered or subject to extreme 
                cruelty or if the alien is described in subparagraph 
                (T) or (U) of section 101(a)(15) of the Immigration and 
                Nationality Act; or
            ``(4) in the case of an alien described in section 
        101(a)(27)(J) of the Immigration and Nationality Act who has 
        been abused, neglected, or abandoned, contact the alleged 
        abuser (or family member of the alleged abuser) at any stage of 
        applying for special immigrant juvenile status, including after 
        a request for the consent of the Secretary of Homeland Security 
        under clause (iii)(I) of such section.''; and
            (2) in subsection (b)--
                    (A) in paragraphs (1), by striking ``may provide, 
                in the Attorney General's discretion'' and inserting 
                ``, Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and Secretary 
                of Labor may provide'';
                    (B) in paragraph (2), by striking ``may provide in 
                the discretion of the Attorney General'' and inserting 
                ``, Secretary of Homeland Security, Secretary of State, 
                Secretary of Health and Human Services, and the 
                Secretary of Labor may provide''; and
                    (C) in paragraph (5), by striking ``is authorized 
                to disclose'' and inserting ``, Secretary of Homeland 
                Security, Secretary of State, Secretary of Health and 
                Human Services, and Secretary of Labor, or Attorney 
                General may disclose''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
violations or disclosures made on or after such date.

                    PART 3--MISCELLANEOUS PROVISIONS

SEC. 841. REMOVING 2 YEAR CUSTODY AND RESIDENCY REQUIREMENT FOR 
              BATTERED ADOPTED CHILDREN.

    (a) In General.--Section 101(b)(1)(E)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting 
after ``at least two years'' the following: ``or if the child has been 
battered or subject to extreme cruelty by the adopting parent or by a 
family member of the adopting parent residing in the same household''.
    (b) Conforming Naturalization Amendment.--Section 320(a)(3) of such 
Act (8 U.S.C. 1431(a)(3)) is amended by inserting before the period at 
the end the following: ``or the child is residing in the United States 
pursuant to a lawful admission for permanent residence and has been 
battered or subject to extreme cruelty by the citizen parent or by a 
family member of the citizen parent residing in the same household ''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications pending or filed on or after such date.

SEC. 842. WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY FOR VAWA 
              PETITIONERS.

    (a) Waiver of Unlawful Presence.--Paragraph (9)(B)(iii)(IV) of 
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) is amended by striking ``who would be described in paragraph 
(6)(A)(ii)'' and all that follows and by inserting ``who demonstrates 
that the alien is described in subclauses (I) and (II) of paragraph 
(6)(A)(ii).''.
    (b) Waiver of False Claim of U.S. Citizenship.--
            (1) In general.--Section 212(i)(1) of such Act (8 U.S.C. 
        1182(i)(1)) is amended by inserting ``(and, in the case of a 
        VAWA petitioner who demonstrates a connection between the false 
        claim of United States citizenship and the petitioner being 
        subjected to extreme cruelty or physical or mental abuse, 
        clause (ii))'' after ``clause (i)''.
            (2) Conforming reference.--Section 212(a)(6)(C)(iii) of 
        such Act (8 U.S.C. 1182(a)(6)(C)(iii)) is amended by striking 
        ``clause (i)''and inserting ``clauses (i) and (ii)''.
    (c) Exemption From Public Charge Ground.--
            (1) In general.--Section 212(a)(4) of such Act (8 U.S.C. 
        1182(a)(4)) is amended by adding at the end the following new 
        subparagraph:
                    ``(E) Special rule for battered aliens.--
                Subparagraphs (A) through (C) shall not apply to an 
                alien who is a VAWA petitioner or is a qualified alien 
                described in section 431(c) of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996.''.
            (2) Conforming amendment.--Section 212(a)(4)(C)(i) of such 
        Act (8 U.S.C. 1182(a)(4)(C)(i)) is amended to read as follows:
                            ``(i) the alien is described in 
                        subparagraph (E); or''.
    (d) Effective Date.--Except as provided in this section, the 
amendments made by this section shall take effect on the date of the 
enactment of this Act and shall apply regardless of whether the 
conviction was entered, crime, or disqualifying event occurred before, 
on, or after such date.

SEC. 843. TREATMENT OF GOOD MORAL CHARACTER.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended----
            (1) in subparagraphs (F) and (G), by striking ``at least 
        one year'' and inserting ``is more than one year'';
            (2) in subparagraph (J), by striking ``one year 
        imprisonment or more'' by inserting ``imprisonment of more than 
        one year'';
            (3) in subparagraph (P), by striking ``at least 12 months'' 
        and inserting ``more than one year''; and
            (4) in subparagraphs (R) and (S), by striking ``at least 
        one year'' and inserting ``more than one year''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
all convictions entered (and criminal acts occurring) before, on, or 
after the date of the enactment of this Act.

SEC. 844. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF H-1B VISA 
              HOLDERS.

    (a) In General.--Section 214(c) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)), as amended by sections 403(a) and 404(a) of the 
REAL ID Act of 2005 (Division B of Public Law 109-13), is amended by 
adding at the end the following new paragraph:
    ``(15) In the case of an alien spouse admitted under section 
101(a)(15)(H) who is accompanying or following to join a principal 
alien admitted under section 101(a)(15)(H)(i)(B), the Secretary of 
Homeland Security shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
`employment authorized' endorsement or other appropriate work permit if 
the alien spouse demonstrates that during the marriage the alien spouse 
or a child of the alien spouse has been battered or has been the 
subject to extreme cruelty perpetrated by the spouse of the alien 
spouse.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens who obtained the status of an alien spouse admitted under 
section 101(a)(15)(H) of the Immigration and Nationality Act before, 
on, or after such date.

SEC. 845. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT 
              RESIDENCE FOR INTENDED SPOUSES.

    (a) In General.--Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``, or''; and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) the alien meets the requirements under 
                section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the 
                marriage ceremony has been battered by or was subject 
                to extreme cruelty perpetrated by his or her intended 
                spouse and was not at fault in failing to meet the 
                requirements of paragraph (1).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply as if included in the enactment of VAWA-2000.

SEC. 846. CANCELLATION OF REMOVAL.

    (a) Clarifying Application of Domestic Violence Waiver Authority in 
Cancellation of Removal.--
            (1) In general.--Section 240A(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(b)) is amended--
                    (A) in paragraph (1)(C), by striking ``(except in a 
                case described in section 237(a)(7) where the Attorney 
                General exercises discretion to grant a waiver)'' and 
                inserting ``, subject to paragraph (5)'';
                    (B) in paragraph (2)(A), by amending clause (iv) to 
                read as follows:
                            ``(iv) subject to paragraph (5), the alien 
                        is not inadmissible under section 212(a)(2) or 
                        removable under section 237(a)(2) or 237(a)(3); 
                        and ''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) Application of domestic violence waiver authority.--
        Paragraphs (1)(C) and (2)(A)(iv) shall not apply with respect 
        to an offense described in clause (i) or (ii) of section 
        237(a)(2)(E) in the case described in section 237(a)(7)(A).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply as if included in the enactment of section 1504(a) 
        of VAWA-2000.
    (b) Clarifying Nonapplication of Cancellation Cap.--
            (1) In general.--Section 240A(e)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1229b(e)(3)) is amended by adding at 
        the end the following new subparagraph:
                    ``(C) Aliens with respect to their cancellation of 
                removal under subsection (b)(2).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to cancellations of removal occurring on or after 
        October 1, 2004.

SEC. 847. MOTIONS TO REOPEN.

    (a) Removal Proceedings.--
            (1) In general.--Section 240(c)(7) of the Immigration and 
        Nationality Act (8 U.S.C. 1230(c)(7)), as redesignated by 
        section 101(d)(1) of the REAL ID Act of 2005 (Division B of 
        Public Law 109-13), is amended--
                    (A) in subparagraph (A), by inserting ``, except 
                that this limitation shall not apply so as to prevent 
                the filing of one motion to reopen described in clause 
                (iv)'' before the period at the end;
                    (B) in subparagraph (C)(iv), in the matter before 
                subclause (I), by striking ``The deadline specified in 
                subsection (b)(5)(C) for filing a motion to reopen does 
                not apply'' and inserting ``Any limitation under this 
                section on the deadlines for filing such motions shall 
                not apply''; and
                    (C) in subparagraph (C)(iv), by adding after and 
                below subclause (III) the following new sentence:
                        ``The filing of a motion to reopen under this 
                        clause shall stay the removal of the alien 
                        pending final disposition of the motion 
                        including exhaustion of all appeals.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Deportation Proceedings.--
            (1) In general.--Section 1506(c)(2)(A) of VAWA-2000 is 
        amended--
                    (A) in the matter before clause (i), by striking 
                ``Notwithstanding any limitation imposed by law on 
                motions'' inserting ``Notwithstanding any limitation on 
                the number of motions, or the deadlines for filing 
                motions (including the deadline specified in section 
                242B(c)(3) of the Immigration and Nationality Act 
                before the title III-A effective date),'';
                    (B) in the matter before clause (i), by striking 
                ``there is no time limit on the filing of a motion'' 
                and all that follows through ``does not apply'' and 
                inserting ``such limitations shall not apply to the 
                filing of a single motion under this subparagraph to 
                reopen such proceedings''; and
                    (C) by adding at the end the following:
                ``The filing of a motion under this subparagraph shall 
                stay the removal of the alien pending a final 
                disposition of the motion including the exhaustion of 
                all appeals.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of the enactment of this Act .

SEC. 848. REMOVAL PROCEEDINGS.

    (a) Exception to Reinstatement of Removal.--
            (1) In general.--Section 241(a)(5) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(a)(5)) is amended by adding at 
        the end the following: ``The provisions of this paragraph shall 
        not apply to an alien who, before reinstatement of the removal 
        order, sought relief as a VAWA petitioner, applied for status 
        as a nonimmigrant under subparagraph (T) or (U) of section 
        101(a)(15), or applied for relief under section 240A(b)(2)or 
        section 244(a)(3) (as in effect on March 31, 1997).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (b) Treatment of Battery or Extreme Cruelty as Exceptional 
Circumstances.--
            (1) In general.--Section 240(e)(1) of such Act (8 U.S.C. 
        1230(e)(1)) is amended by inserting ``battery or extreme 
        cruelty of the alien or any child or parent of the alien or'' 
        after ``exceptional circumstances (such as''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to a failure to appear that occurs before, on, or 
        after such date.

SEC. 849. CONFORMING RELIEF IN SUSPENSION OF DEPORTATION PARALLEL TO 
              THE RELIEF AVAILABLE IN VAWA-2000 CANCELLATION FOR 
              BIGAMY.

     Section 244(a)(3) of the Immigration and Nationality Act (as in 
effect before the title III-A effective date in section 309 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996) 
shall be applied as if ``or by a United States citizen or lawful 
permanent resident whom the alien intended to marry, but whose marriage 
is not legitimate because of that United States citizen's or permanent 
resident's bigamy'' were inserted after ``by a spouse or parent who is 
a United States citizen or lawful permanent resident''.

SEC. 850. CORRECTION OF CROSS-REFERENCE TO CREDIBLE EVIDENCE 
              PROVISIONS.

    (a) Cuban Adjustment Provision.--The last sentence of the first 
section of Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note), as 
amended by section 1509(a) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (b) NACARA.--Section 202(d)(3) of the Nicaraguan Adjustment and 
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100), 
as amended by section 1510(a)(2) of VAWA-2000, is amended by striking 
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''.
    (c) IIARAIRA.--Section 309(c)(5)(C)(iii) of the Illegal Immigration 
and Reform and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104-208; 8 U.S.C. 1101 note), as amended by section 
1510(b)(2) of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and 
inserting ``204(a)(1)(J)''.
    (d) HRIFA.--Section 902(d)(1)(B)(iii) of the Haitian Refugee 
Immigration Fairness Act of 1998 (division A of section 101(h) of 
Public Law 105-277; 112 Stat. 2681-538), as amended by section 1511(a) 
of VAWA-2000, is amended by striking ``204(a)(1)(H)'' and inserting 
``204(a)(1)(J)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of VAWA-2000.

SEC. 851. TECHNICAL CORRECTIONS.

    (a) Technical Corrections to References in Application of Special 
Physical Presence and Good Moral Character Rules.--
            (1) Physical presence rules.--Section 240A(b)(2)(B) of the 
        Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is 
        amended--
                    (A) in the first sentence, by striking 
                ``(A)(i)(II)'' and inserting ``(A)(ii)''; and
                    (B) in the fourth sentence, by striking ``section 
                240A(b)(2)(B)'' and inserting ``this subparagraph, 
                subparagraph (A)(ii),''.
            (2) Moral character rules.--Section 240A(b)(2)(C) of such 
        Act (8 U.S.C. 1229b(b)(2)(C)) is amended by striking 
        ``(A)(i)(III)'' and inserting ``(A)(iii)''.
            (3) Effective date.--The amendments made by this subsection 
        shall be effective as if included in the enactment of section 
        1504(a) of VAWA (114 Stat. 1522).
    (b) Correction of Cross-Reference Error in Applying Good Moral 
Character.--
            (1) In general.--Section 101(f)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking 
        ``(9)(A)'' and inserting ``(10)(A)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective as if included in the enactment of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (Public Law 104-208).
    (c) Punctuation Correction.--Effective as if included in the 
enactment of section 5(c)(2) of VAWA-2000, section 237(a)(1)(H)(ii) of 
such Act (8 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking the period 
at the end and inserting ``; or''.
    (d) Correction of Designation and Indentation.--The last sentence 
of section 212(a)(9)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(C)(ii)), as added by section 1505(a) of VAWA-2000, is 
amended--
            (1) by striking ``section 212(a)(9)(C)(i)'' and inserting 
        ``clause (i)'';
            (2) by redesignating paragraphs (1) and (2), and 
        subparagraphs (A) through (D) of paragraph (2), as subclauses 
        (I) and (II), and items (aa) through (dd) of subclause (II), 
        respectively; and
            (3) by moving the margins of each of such paragraphs and 
        subparagraphs 6 ems to the right.
    (e) Additional Technical Correction.--Section 245(l)(2)(B) of such 
Act (8 U.S.C. 1255(l)(2)(B)) is amended by striking ``(10(E))'' and 
inserting ``(10)(E))''.

                   Subtitle B--Additional Protections

         PART 1--ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES

SEC. 861. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.

    (a) In General.--Section 502 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
            (1) by amending subparagraph (C) of subsection (a) to read 
        as follows:
                    ``(C) subsection (a)(11) of such section 504 shall 
                not be construed to prohibit a recipient from using 
                Corporation funds and funds derived from a source other 
                than the Corporation to provide legal assistance to--
                            ``(i) an alien who has been battered or 
                        subjected to extreme cruelty or who has been a 
                        victim of sexual assault or a victim of 
                        trafficking in the United States;
                            ``(ii) an alien whose child has been 
                        battered or subjected to extreme cruelty or has 
                        been a victim of sexual assault or a victim of 
                        trafficking in the United States, if the alien 
                        has not actively participated in the battery, 
                        extreme cruelty, sexual assault, or 
                        trafficking; or
                            ``(iii) an alien who qualifies (or whose 
                        child qualifies) for status under section 
                        101(a)(15)(U) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(15)(U)) .''; 
                        and
            (2) by striking paragraph (2) of subsection (b) and 
        inserting the following:
            ``(2) The term `victim of trafficking' has the meaning 
        given such term in section 103(14) of the Trafficking Victims 
        Protection Act of 2000 (Public Law 106-286; 22 U.S.C. 
        7102(14)). ''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to expenditures made on or after the date of the enactment of 
this Act with respect to appropriations made for fiscal years beginning 
before, on, or after such date.
    (c) Construction.--Nothing in the amendments made by subsection (a) 
shall be construed to restrict the legal assistance provided to victims 
of severe forms of trafficking and certain family members allowed under 
section 107(b)(1) of the Trafficking Victims Protection Act of 2000 
(Public Law 106-286; 22 U.S.C. 7105(b)(1)).

  PART 2--ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF ALIENS SUFFERING 
                          FROM DOMESTIC ABUSE

SEC. 871. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF ALIENS SUFFERING 
              FROM DOMESTIC ABUSE.

    (a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the 
following new subparagraph:
                    ``(M) Battered and crime victim aliens.--With 
                respect to eligibility for benefits for a specified 
                Federal program (as defined in paragraph (3)), 
                paragraph (1) shall not apply to an alien who--
                            ``(i) is described in section 431(c);
                            ``(ii) is described in section 431(b) and 
                        also is described in section 431(c), other than 
                        paragraphs (1)(B), (2)(B), and (3)(B) of such 
                        section; or
                            ``(iii) is described in a clause (i) or 
                        (ii) and was lawfully admitted as a permanent 
                        resident.''.
    (b) Exemption From TANF, Social Services Block Grant, and Medicaid 
Ban.--Section 402(b)(2) of such Act (8 U.S.C. 1612(b)(2)) is amended by 
inserting after subparagraph (F) the following new subparagraph:
                    ``(G) Battered and crime victim aliens.--An alien 
                who--
                            ``(i) is described in section 431(c);
                            ``(ii) is described in section 431(b) and 
                        also is described in section 431(c), other than 
                        paragraphs (1)(B), (2)(B), and (3)(B) of such 
                        section; or
                            ``(iii) is described in clause (i) or (ii) 
                        and was lawfully admitted as a permanent 
                        resident.''.
    (c) Exemption From 5-Year Ban for Federal Means-Tested Public 
Benefits.--Section 403(b) of such Act (8 U.S.C. 1613(b)) is amended by 
adding at the end the following new paragraph:
            ``(3) Battered and crime victim aliens.--An alien who--
                    ``(A) is described in section 431(c);
                    ``(B) is described in section 431(b) and also is 
                described in section 431(c), other than paragraphs 
                (1)(B), (2)(B), and (3)(B) of such section; or
                    ``(C) is described in subparagraph (A) or (B) and 
                was lawfully admitted as a permanent resident.''.
    (d) Status as Qualified Alien for VAWA Petitioners and Nonimmigrant 
``U'' and ``T'' Visa Applicants and Visa Holders.--Section 431(c) of 
such Act (8 U.S.C. 1641(b)) is amended--
            (1) in paragraph (1)(B)--
                    (A) in clause (i), by striking ``or a child'' and 
                inserting ``, child, or parent'' and by striking ``or 
                (iv)'' and inserting ``(iv), or (vii)'';
                    (B) in clause (ii), by striking ``(as in effect 
                prior to April 1, 1997)'';
                    (C) in clause (iii), by striking the period at the 
                end and inserting a comma;
                    (D) in clause (iv), by striking the semicolon at 
                the end and inserting a comma;
                    (E) in clause (v), by striking the semicolon at the 
                end and inserting ``, or''; and
                    (F) by adding at the end the following new clause:
                            ``(vi) status as a VAWA petitioner (as 
                        defined in section 101(a)(51) of such Act), 
                        other than such a petitioner described in 
                        clause (i) or (ii);'';
            (2) by striking ``or'' at the end of paragraph (2)(B);
            (3) by striking the period at the end of paragraph (3)(B) 
        and inserting ``; or''; and
            (4) by inserting after paragraph (3)(B) the following new 
        paragraph:
            ``(4) an alien who has applied for and not been denied 
        status as a nonimmigrant under clause (i) or (ii) of 
        subparagraph (T), or clause (i) or (ii) of subparagraph (U), of 
        section 101(a)(15) of the Immigration and Nationality Act''.
    (e) Conforming Definition of ``Family'' Used in Laws Granting 
Federal Public Benefit Access for Battered Aliens to State Family 
Law.--
            (1) In general.--Section 431(c) of such Act (8 U.S.C. 
        1641(c)) is amended--
                    (A) in paragraph (1)(A), by striking ``by a spouse 
                or a parent, or by a member of the spouse or parent's 
                family residing in the same household as the alien and 
                the spouse or parent consented to, or acquiesced in, 
                such battery or cruelty'' and inserting ``by a spouse, 
                parent, son, or daughter, or by any individual having a 
                relationship with the alien covered by the civil or 
                criminal domestic violence statutes of the State or 
                Indian country where the alien resides, or the State or 
                Indian country in which the alien, the alien's child, 
                or the alien child's parents received a protection 
                order, or by any individual against whom the alien 
                could obtain a protection order,'';
                    (B) in paragraph (2)(A), by striking ``by a spouse 
                or parent of the alien (without the active 
                participation of the alien in the battery or cruelty), 
                by a member of the spouse or parent's family residing 
                in the same household as the alien and the spouse or 
                parent consented or acquiesced to such battery or 
                cruelty,'' and inserting ``by a spouse, parent, son, or 
                daughter of the alien (without the active participation 
                of the alien in such battery) or by any individual 
                having a relationship with the alien covered by the 
                civil or criminal domestic violence statutes of the 
                State or Indian country where the alien resides, or the 
                State or Indian country in which the alien, the alien's 
                child, or the alien child's parents received a 
                protection order, or by any individual against whom the 
                alien could obtain a protection order,''; and
                    (C) in paragraph (3)(A), by striking ``by a spouse 
                or parent, or by a member of the spouse or parent's 
                family residing in the same household as the alien and 
                the spouse or parent consented or acquiesced to such 
                battery or cruelty,'' and inserting ``by a spouse, 
                parent, son, or daughter, or by any individual having a 
                relationship with the alien covered by the civil or 
                criminal domestic violence statutes of the State or 
                Indian country where the alien resides, or the State or 
                Indian country in which the alien, the alien's child, 
                or the alien child's parents received a protection 
                order, or by any individual against whom the alien 
                could obtain a protection order,''.
            (2) Federal attribution of sponsor's income and 
        resources.--Section 421(f)(1)(A) of such Act (8 U.S.C. 
        1631(f)(1)(A)) is amended--
                    (A) in clause (i), by striking ``by a spouse or 
                parent, or by a member of the spouse or parent's family 
                residing in the same household as the alien and the 
                spouse or parent consented or acquiesced to such 
                battery or cruelty,'' and inserting ``by a spouse, 
                parent, son, or daughter, or by any individual having a 
                relationship with the alien covered by the civil or 
                criminal domestic violence statutes of the State or 
                Indian country where the alien resides, or the State or 
                Indian country in which the alien, the alien's child, 
                or the alien child's parents received a protection 
                order, or by any individual against whom the alien 
                could obtain a protection order,'';
                    (B) in clause (ii), by striking ``by a spouse or 
                parent of the alien (without the active participation 
                of the alien in the battery or cruelty), or by a member 
                of the spouse or parent's family residing in the same 
                household as the alien and the spouse or parent 
                consented or acquiesced to such battery or cruelty,'' 
                and inserting ``by a spouse, parent, son, or daughter 
                of the alien (without the active participation of the 
                alien in the battery or cruelty) or by any individual 
                having a relationship with the alien covered by the 
                civil or criminal domestic violence statutes of the 
                State or Indian country where the alien resides, or the 
                State or Indian country in which the alien, the alien's 
                child, or the alien child's parents received a 
                protection order, or by any individual against whom the 
                alien could obtain a protection order,'';
                    (C) by striking ``or'' before ``(iii) the alien''; 
                and
                    (D) by inserting ``, or (iv) the alien is described 
                in section 431(c)(4)'' before ``and the battery or 
                cruelty''.
    (f) Elimination of Sponsor Liability and Responsibility or 
Reimbursement With Respect to Benefits Provided to Battered Aliens.--
Section 423(d) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 is amended by adding after paragraph (11) 
the following new paragraph:
            ``(12) Benefits provided to an alien who--
                    ``(A) is described in section 431(c); or
                    ``(B) is described in section 431(b) and also is 
                described in section 431(c), other than paragraphs 
                (1)(B), (2)(B), and (3)(B) of such section.''.
    (g) Conforming Amendment Confirming IIRAIRA's Grant of Public and 
Assisted Housing to All Qualified Aliens, Including Battered 
Immigrants.--Section 214 of the Housing and Community Development Act 
of 1980 (42 U.S.C. 1436a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``or'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) a qualified alien described in section 431 of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (8 U.S.C. 1641), or''; and
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``(6)'' and 
                inserting ``(7)''; and
                    (B) in paragraph (2)(A), in the matter preceding 
                clause (i), by inserting ``(other than a qualified 
                alien described in 431 of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (8 
                U.S.C. 1641)'' after ``any alien''.
    (h) Implementation.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, Secretary of 
Agriculture, the Secretary of Health and Human Services, and the 
Secretary of Housing and Urban Development shall promulgate regulations 
for its officials to implement this section.
    (i) Effective Date.--The amendments made by this section apply to 
applications for public benefits and public benefits provided on or 
after the date of the enactment of this Act.

                PART 3--LAW ENFORCEMENT TRAINING GRANTS

SEC. 881. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS TO IDENTIFY AND 
              PROTECT VICTIMS OF TRAFFICKING.

    (a) Definitions.--In this section:
            (1) Act of trafficking.--The term ``act of trafficking'' 
        means an act or practice described in paragraph (8) or (9) of 
        section 103 of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7102).
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State or a local government.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        and any other territory or possession of the United States.
            (4) Victim of trafficking.--The term ``victim of 
        trafficking'' means an individual subjected to an act of 
        trafficking.
    (b) Grants Authorized.--The Attorney General may award grants to 
eligible entities to provide training to State and local law 
enforcement personnel to identify and protect victims of trafficking.
    (c) Use of Funds.--A grant awarded under this section shall be used 
for any one or more of the following:
            (1) To train law enforcement personnel to identify and 
        protect victims of trafficking, including training such 
        personnel to utilize Federal, State, or local resources to 
        assist victims of trafficking.
            (2) To train law enforcement or State or local prosecutors 
        to identify, investigate, or prosecute acts of trafficking.
            (3) To train law enforcement or State or local prosecutors 
        to utilize laws that prohibit acts of trafficking.
            (4) To assist in the development of State and local laws to 
        prohibit acts of trafficking.
    (d) Restrictions.--
            (1) Supplement not supplant.--A grant awarded under this 
        section shall be used to supplement and not supplant other 
        Federal, State, and local public funds available to carry out 
        the training described in subsection (c).
            (2) Administrative expenses.--An eligible entity that 
        receives a grant under this section may use not more than 5 
        percent of the total amount of such grant for administrative 
        expenses.
            (3) Nonexclusivity.--Nothing in this section may be 
        construed to restrict the ability of an eligible entity to 
        apply for or obtain funding from any other source to carry out 
        the training described in subsection (c).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out this section.

                   TITLE IX--SAFETY FOR INDIAN WOMEN

SEC. 901. PURPOSES.

    The purposes of this title are--
            (1) to decrease the incidence of violent crimes against 
        Indian women;
            (2) to strengthen the capacity of Indian tribes to exercise 
        their sovereign authority to respond to violent crimes 
        committed against Indian women under their jurisdiction; and
            (3) to ensure that perpetrators of violent crimes committed 
        against Indian women are held accountable for their criminal 
        behavior.

SEC. 902. CONSULTATION.

    (a) In General.--The Secretary of the Interior and the Attorney 
General shall each conduct annual consultations with Indian tribal 
governments concerning the Federal administration of tribal funds and 
programs established under the Violence Against Women Act of 1994 
(title IV of Public Law 103-322; 108 Stat. 1902) and the Violence 
Against Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 
1491), including consultation concerning--
            (1) the timeliness of the Federal grant application and 
        award processes;
            (2) the amounts awarded under each program directly to 
        tribal governments, tribal organizations, and tribal nonprofit 
        organizations;
            (3) determinations not to award grant funds;
            (4) grant awards made in violation of the eligibility 
        guidelines to a nontribal entity; and
            (5) technical assistance grants for tribal grant programs 
        or programs addressing the safety of Indian women.
    (b) Recommendations.--During consultations under subsection (a), 
the Secretary and the Attorney General shall solicit recommendations 
from Indian tribes concerning--
            (1) administering tribal funds and programs;
            (2) enhancing the safety of Indian women from domestic 
        violence, dating violence, sexual assault, and stalking; and
            (3) strengthening the Federal response to such violent 
        crimes.

SEC. 903. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.

    (a) National Baseline Study.--
            (1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, shall conduct 
        a national baseline study to examine violence against Indian 
        women.
            (2) Scope.--
                    (A) In general.--The study shall examine violence 
                committed against Indian women, including--
                            (i) domestic violence;
                            (ii) dating violence;
                            (iii) sexual assault;
                            (iv) stalking; and
                            (v) murder.
                    (B) Evaluation.--The study shall evaluate the 
                effectiveness of Federal, State, tribal, and local 
                responses to the violations described in subparagraph 
                (A) committed against Indian women.
            (3) Task force.--
                    (A) In general.--The Attorney General, acting 
                through the Director of the Office on Violence Against 
                Women, shall establish a task force to assist in the 
                development and implementation of the study under 
                paragraph (1).
                    (B) Members.--The Director shall appoint to the 
                task force representatives from--
                            (i) national tribal domestic violence and 
                        sexual assault nonprofit organizations;
                            (ii) tribal governments; and
                            (iii) the National Congress of American 
                        Indians.
            (4) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General shall submit to the 
        Committee on Indian Affairs of the Senate, the Committee on the 
        Judiciary of the Senate, and the Committee on the Judiciary of 
        the House of Representatives a report that describes the 
        findings made in the study.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 and 2007, to remain available until 
        expended.
    (b) Injury Study.--
            (1) In general.--The Secretary of Health and Human 
        Services, acting through the Indian Health Service and the 
        Injury Control Division of the Centers for Disease Control and 
        Prevention, shall conduct a study to obtain a national 
        projection of--
                    (A) the incidence of injuries and homicides 
                resulting from domestic violence, dating violence, 
                sexual assault, or stalking committed against American 
                Indian and Alaska Native women; and
                    (B) the cost of providing health care for the 
                injuries described in subparagraph (A).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall submit to the Committee on Indian Affairs of the 
        Senate, the Committee on the Judiciary of the Senate, and the 
        Committee on the Judiciary of the House of Representatives a 
        report that describes the findings made in the study and 
        recommends health care strategies for reducing the incidence 
        and cost of the injuries described in paragraph (1).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $500,000 for each 
        of fiscal years 2006 and 2007, to remain available until 
        expended.

SEC. 904. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.

    (a) Access to Federal Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit Indian law enforcement agencies, in cases of domestic violence, 
dating violence, sexual assault, and stalking, to enter information 
into Federal criminal information databases and to obtain information 
from the databases, including information relating to--
            ``(1) identification records;
            ``(2) criminal history records;
            ``(3) protection orders; and
            ``(4) wanted person records.''.
    (b) Tribal Registry.--
            (1) Establishment.--The Attorney General shall contract 
        with any interested Indian tribe, tribal organization, or 
        tribal nonprofit organization to develop and maintain--
                    (A) a national tribal sex offender registry; and
                    (B) a tribal protection order registry containing 
                civil and criminal orders of protection issued by 
                Indian tribes and participating jurisdictions.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 through 2010, to remain available 
        until expended.

SEC. 905. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE AGAINST WOMEN.

    Part T of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding at the end the 
following:

``SEC. 2007. TRIBAL DIVISION.

    ``(a) In General.--The Director of the Office on Violence Against 
Women shall designate one or more employees to be responsible for--
            ``(1) overseeing and managing the administration of grants 
        to and contracts with Indian tribes, tribal courts, tribal 
        organizations, tribal nonprofit organizations and the 
        territories;
            ``(2) ensuring that, if a grant under the Act or a contract 
        pursuant to such a grant is made to an organization to perform 
        services that benefit more than one Indian tribe, the approval 
        of each Indian tribe to be benefited shall be a prerequisite to 
        the making of the grant or letting of the contract;
            ``(3) assisting in the development of Federal policy, 
        protocols, and guidelines on matters relating to violence 
        against Indian women;
            ``(4) advising the Director of the Office on Violence 
        Against Women concerning policies, legislation, implementation 
        of laws, and other issues relating to violence against Indian 
        women;
            ``(5) representing the Office on Violence Against Women in 
        the annual consultations under section 905;
            ``(6) providing assistance to the Department of Justice to 
        develop policy and to enforce Federal law relating to violence 
        against Indian women;
            ``(7) maintaining a liaison with the judicial branches of 
        Federal, State and tribal governments on matters relating to 
        violence against Indian women; and
            ``(8) ensuring that adequate tribal technical assistance is 
        made available to Indian tribes, tribal courts, tribal 
        organizations, and tribal nonprofit organizations for all 
        programs relating to violence against Indian women.
    ``(b) Authority.--
            ``(1) In general.--The Director shall ensure that a portion 
        of the tribal set-aside funds from any grant awarded under the 
        Violence Against Women Act of 1994 (title IV of Public Law 103-
        322; 108 Stat. 1902) or the Violence Against Women Act of 2000 
        (division B of Public Law 106-386; 114 Stat. 1491) is used to 
        enhance the capacity of Indian tribes to address the safety of 
        Indian women.
            ``(2) Accountability.--The Director shall ensure that some 
        portion of the tribal set-aside funds from any grant made under 
        this part is used to hold offenders accountable through--
                    ``(A) enhancement to the response of Indian tribes 
                to crimes of domestic violence, dating violence, sexual 
                assault, and stalking against Indian women, including 
                legal services for victims and Indian-specific offender 
                programs;
                    ``(B) development and maintenance of tribal 
                domestic violence shelters or programs for battered 
                Indian women, including sexual assault services, that 
                are based upon the unique circumstances of the Indian 
                women to be served;
                    ``(C) development of tribal educational awareness 
                programs and materials;
                    ``(D) support for customary tribal activities to 
                strengthen the intolerance of an Indian tribe to 
                violence against Indian women; and
                    ``(E) development, implementation, and maintenance 
                of tribal electronic databases for tribal protection 
                order registries.''.

                  TITLE X--BEST HELP FOR RAPE VICTIMS

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Best Help for Rape Victims Act''.

SEC. 1002. REQUIRED ELEMENT OF NATIONAL PROTOCOL FOR SEXUAL ASSAULT 
              MEDICAL FORENSIC EXAMINATIONS.

    (a) In General.--Section 1405 of the Violence Against Women Act of 
2000 (42 U.S.C. 3796gg note) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Required Element of Protocol.--The national protocol required 
by subsection (a)(3) shall include a recommendation to the effect that 
a victim of sexual assault who is at risk of pregnancy from rape--
            ``(1) should be offered information about emergency 
        contraception; and
            ``(2) should, if the victim so requests, be provided with 
        emergency contraception on site.''.
    (b) Implementation to Protocol Already Issued.--The Attorney 
General shall ensure that any protocol already issued under section 
1405(a)(3) of the Violence Against Women Act of 2000 is, not later than 
30 days after the date of the enactment of this Act, revised and 
reissued in a form that complies with section 1405(d) of that Act (as 
added by subsection (a)(2) of this section).

       TITLE XI--INCREASED PROTECTION FOR VICTIMS OF TRAFFICKING

SEC. 1101. PROTECTION OF CHILDREN FROM TRAFFICKING IN PERSONS.

    (a) Definition of Severe Forms of Trafficking in Persons.--Section 
103(8)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7102(8)(B)) is amended to read as follows:
                    ``(B) the recruitment, harboring, transportation, 
                provision, or obtaining of a person for labor or 
                services--
                            ``(i) through the use of force, fraud, or 
                        coercion for the purpose of subjection to 
                        involuntary servitude, peonage, debt bondage, 
                        or slavery; or
                            ``(ii) in which the person induced to 
                        perform such labor has not attained 18 years of 
                        age and the labor is economically exploitative 
                        and likely to be hazardous, to interfere with 
                        the child's education, or to be harmful to the 
                        child's health or physical, mental, spiritual, 
                        moral, or social development.''.
    (b) Trafficking Victim Regulations.--Section 107(c)(1)(B) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)(1)(B)) is 
amended to read as follows:
                    ``(B) receive necessary medical care, referral of 
                appropriate counsel, appointment by the Director of the 
                Office of Refugee Resettlement of a guardian ad litem 
                who has training in trafficking victims issues or who 
                is working with a nonprofit, nongovernmental 
                trafficking victims services program if the individual 
                has not attained 18 years of age, and other assistance; 
                and''.
    (c) Exempting Children From Extreme Hardship Requirement for T 
Nonimmigrants.--Section 101(a)(15)(T)(i)(IV) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)(IV)) is amended by 
inserting after ``severe harm upon removal'' the following: ``or the 
alien has not attained 18 years of age''.

SEC. 1102. CREATION OF NONIMMIGRANT VISA TO PROTECT ALIENS WHO FILE 
              COMPLAINTS OF ABUSE AGAINST THEIR FORMER EMPLOYERS.

    Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended--
            (1) by striking ``or'' at the end of subparagraph (U);
            (2) by striking the period at the end of subparagraph (V) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(W) an alien who files a petition for status under this 
        subparagraph who the Secretary of Homeland Security determines 
        should be permitted to remain in the United States for a period 
        of time sufficient to allow the alien to participate fully and 
        effectively in all Federal, State, or local legal proceedings 
        and nonfrivolous Federal, State, or local administrative 
        proceedings relevant to a legal complaint regarding a violation 
        of the Fair Labor Standards Act or any other Federal, State, or 
        local law or regulation governing the alien's terms and 
        conditions of employment.''.

SEC. 1103. PROTECTION FOR VICTIMS WHO ARE TRAFFICKED BY PERSONS WITH 
              DIPLOMATIC IMMUNITY.

    Section 111 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7108) is amended by adding at the end the following new 
subsection:
    ``(h) Actions Against Traffickers With Diplomatic Immunity.--If the 
Secretary of State has reason to believe that an individual assigned by 
a foreign government to the United States with immunity from criminal 
jurisdiction as a result of international obligations of the United 
States arising from multilateral agreements, bilateral agreements, or 
otherwise under international law has been involved in an act of 
trafficking in persons, the Secretary shall--
            ``(1) request from the foreign government a waiver of 
        immunity with respect to the individual; or
            ``(2) declare the individual to be a persona non grata.''.

SEC. 1104. LOWERING THE BAR FOR ADJUSTMENT OF STATUS.

    Section 245(l)(1)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)(1)(C)(ii)) is amended by striking ``extreme hardship 
involving unusual and severe harm'' and inserting ``hardship''.

SEC. 1105. ALLOWING FOR RENEWAL OF T VISAS.

    Section 214(o) of the Immigration and Nationality Act (8 U.S.C. 
1184(o)) is amended by adding at the end the following:
    ``(7)(A) Except as provided in subparagraph (B), an alien who is 
issued a visa or otherwise provided nonimmigrant status under section 
101(a)(15)(T) may be granted such status for a period of not more than 
4 years.
    ``(B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the period 
of such status beyond the period described in subparagraph (A) if a 
Federal, State, or local law enforcement official, prosecutor, judge, 
or other authority investigating or prosecuting activity relating to 
human trafficking or criminal activity certifies that the presence of 
the alien in the United States is necessary to assist in the 
investigation or prosecution of such activity.''.

SEC. 1106. ALLOWING FOR RESETTLEMENT TO THE UNITED STATES OF TRAFFICKED 
              PERSONS WHO ARE IDENTIFIED IN COUNTRIES THAT ARE UNABLE 
              OR UNWILLING TO OFFER ADEQUATE PROTECTION TO THE VICTIM.

    (a) As Refugees.--Section 207 of the Immigration and Nationality 
Act (8 U.S.C. 1157) is amended--
            (1) in subsection (a)(3), by adding at the end the 
        following: ``Victims of severe forms of trafficking who are 
        unable to avail themselves of protection in another country may 
        also be eligible for admission in accordance with procedures 
        designated for the admission of refugees under this section.''; 
        and
            (2) in subsection (d)(1), by adding at the end the 
        following: ``The President shall also designate additional 
        admissions numbers for victims of severe forms of trafficking, 
        as provided under section (a)(3).''.
    (b) Parole.--Section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)) is 
amended by adding at the end the following new subparagraph:
    ``(C) In applying subparagraph (A) in the case of a trafficking 
victim identified by a United States Embassy or Consulate or an office 
of the United Nations High Commissioner on Refugees or a family member 
of a victim of trafficking described in section 101(a)(15)(T)(i), 
urgent humanitarian reasons are deemed to exist if the trafficking 
victim or the family member's life or safety is in danger in connection 
with trafficking as described in section 101(a)(15)(i)(I).''.

SEC. 1107. ACCESS TO COUNSEL.

    Section 107(c)(2) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(c)(2)) is amended--
            (1) by adding at the end before the period the following: 
        ``, receive notification of the right to be represented by 
        counsel, and be provided with a list of persons, updated not 
        less often than quarterly, who have indicated their 
        availability to represent victims of trafficking and who are 
        trained to handle cases involving victims of trafficking''; and
            (2) by further adding at the end the following new 
        sentence: ``While in the custody of the Federal Government, 
        victims of severe forms of trafficking shall be afforded access 
        to counsel at all proceedings relating to the investigation or 
        prosecution of the act of trafficking involved.''.

SEC. 1108. REQUIREMENT TO PERMIT CONTINUED PRESENCE IN THE UNITED 
              STATES.

    Section 107(c)(3) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7105(c)(3)) is amended--
            (1) by striking ``may permit'' and inserting ``shall 
        permit'';
            (2) by inserting after ``alien individual's continued 
        presence in the United States'' the following: ``, within 60 
        days after the individual, the individual's representative, or 
        a local or State law enforcement official has presented the 
        alien individual to such Federal law enforcement officials''; 
        and
            (3) in the heading, by striking ``Authority'' and inserting 
        ``Requirement''.

SEC. 1109. ADDITIONAL DUTIES OF THE SENIOR POLICY OPERATING GROUP.

    Section 105(f) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7103) is amended--
            (1) by striking ``The Operating Group'' and inserting the 
        following:
            ``(1) In general.--The Operating Group''; and
            (2) by adding at the end the following new sentence: ``The 
        Operating Group shall maintain and preserve records of vital 
        information regarding each such grant and grant policy.''; and
            (3) by further adding at the end the following new 
        paragraph:
            ``(2) Report.--Not later than June 1 of each year, the 
        Operating Group shall submit to Congress a report that contains 
        a detailed description of the purpose of each grant awarded 
        during the preceding 12-month period, the number of applicants 
        for each grant, the criteria applied to select the grantee, the 
        amount of each grant, and an evaluation of the performance of 
        each grant, including any problems or investigations of the 
        performance of any grant.''.

SEC. 1110. AUTHORIZATIONS OF APPROPRIATIONS.

     Section 113 of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7110) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and $5,000,000'' and inserting 
                ``$5,000,000'';
                    (B) by adding at the end before the period the 
                following: ``, and $5,500,000 for each of the fiscal 
                years 2006 and 2007''; and
                    (C) by further adding at the end the following new 
                sentence: ``In addition, there are authorized to be 
                appropriated to the Office to Monitor and Combat 
                Trafficking for official reception and representation 
                expenses $3,000 for each of the fiscal years 2006 and 
                2007.'';
            (2) in subsection (b), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007'';
            (3) in subsection (c)(1), by striking ``2004 and 2005'' 
        each place it appears and inserting ``2004, 2005, 2006, and 
        2007'';
            (4) in subsection (d), by striking ``2004 and 2005'' each 
        place it appears and inserting ``2004, 2005, 2006, and 2007'';
            (5) in subsection (e)--
                    (A) in paragraphs (1) and (2), by striking ``2003 
                through 2005'' and inserting ``2003 through 2007''; and
                    (B) in paragraph (3), by striking ``$300,000 for 
                fiscal year 2004 and $300,000 for fiscal year 2005'' 
                and inserting ``$300,000 for each of the fiscal years 
                2004 through 2007''; and
            (6) in subsection (f), by striking ``2004 and 2005'' and 
        inserting ``2004, 2005, 2006, and 2007''.

SEC. 1111. SPECIAL UNIT TO INVESTIGATE TRAFFICKING IN PERSONS WITHIN 
              BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT OF THE 
              DEPARTMENT OF HOMELAND SECURITY.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish a special unit to investigate trafficking in persons within 
the Bureau of Immigration and Customs Enforcement of the Department of 
Homeland Security.
    (b) Duties.--The special unit established pursuant to subsection 
(a) shall--
            (1) investigate suspected cases of trafficking in persons;
            (2) in conjunction with appropriate nongovernmental 
        organizations, conduct training programs on the prevention of 
        trafficking in persons and provide other related services to 
        appropriate personnel of the Bureau of Immigration and Customs 
        Enforcement; and
            (3) provide for the establishment of one or more 
        professional victim witness coordinator positions within the 
        special unit in order to assist victims of trafficking in legal 
        proceedings relating to the act of trafficking involved.
    (c) Definition.--In this section, the term ``victim of 
trafficking'' has the meaning given such term in section 103(14) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(14)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security to carry out this 
section $15,000,000 for each of the fiscal years 2006 and 2007.

SEC. 1112. ASSISTANCE FROM UNITED STATES DIPLOMATIC AND CONSULAR POSTS.

    (a) Assistance.--Section 107(a) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(a) is amended by adding at the 
end the following new paragraph:
            ``(3) Assistance from united states diplomatic and consular 
        posts.--The Secretary of State shall instruct personnel at the 
        appropriate United States Embassy or Consulate to assist in 
        efforts to arrange for the transportation from a foreign 
        country of the children, spouse, parents, or unmarried siblings 
        of a victim of trafficking if such children, spouse, parents, 
        or siblings have been threatened by the trafficker or the 
        trafficker's associates, are seriously ill, or if other urgent 
        humanitarian considerations warrant.''.
    (b) Conforming Amendment.--Section 212(d)(5)(A) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(5)(A)) is amended by adding at 
the end the following: ``For purposes of applying this paragraph, 
family members provided assistance under section 107(a)(3) of the 
Trafficking Victims Protection Act of 2000 and immediate family members 
of individuals qualifying as nonimmigrants under section 101(a)(15)(T) 
shall be considered as qualifying for parole under this paragraph on 
the basis of urgent humanitarian reasons.''.

SEC. 1113. MECHANISMS TO PREVENT TRAFFICKING AND PROVIDE PROTECTION AND 
              ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Economic Alternatives to Prevent and Deter Trafficking.--
Section 106(a) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7104(a)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) programs to educate and protect internally displaced 
        persons and refugees from trafficking in persons.''.
    (b) Coordination by Federal Government Officials.--Section 
107(c)(4) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(c)(4)) is amended--
            (1) by striking ``the Department of State and the 
        Department of Justice'' and inserting ``the Department of 
        Homeland Security (particularly the Bureau of Customs and 
        Border Protection, the Bureau of Immigration and Customs 
        Enforcement, and the Bureau of Citizenship and Immigration 
        Services), the Department of State, the Department of Labor, 
        and the Department of Justice''; and
            (2) by adding at the end the following new sentence: ``Such 
        training shall ensure that officials who have contact with 
        victims of trafficking properly consult with each other in 
        order to limit unnecessary trauma resulting from multiple 
        interviews and concurrent investigations.''.
    (c) Questionnaire About Trafficking for Use in Expedited Removal.--
Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(A)) is amended--
            (1) in clause (i), by striking ``or a fear of persecution'' 
        and inserting ``, a fear of persecution, or evidence of having 
        been trafficked''; and
            (2) in clause (ii), by adding at the end the following: 
        ``If the officer determines that the alien may be a victim of 
        trafficking, the officer shall refer the alien to a law 
        enforcement agency, a nonprofit, nongovernmental trafficking 
        victims services program, or any other official designated as 
        appropriate to receive such referrals.''.
    (d) Annual Report on Training of Law Enforcement.--Section 107(g) 
of the Victims of Trafficking and Violence Protection Act of 2000 (8 
U.S.C. 1101 note) is amended by adding at the end the following: ``Such 
report shall also include statistics regarding the number of law 
enforcement officials who have been trained in the identification and 
protection of trafficking victims and certification for assistance as 
nonimmigrants under section 101(a)(15)(U) of such Act.''

SEC. 1114. LONGER STATUTE OF LIMITATION FOR SLAVERY-RELATED OFFENSES.

    (a) Extension of Statute of Limitations.--Chapter 213 of title 18, 
United States Code, is amended by adding at the end the following:
``Sec. 3297. Slavery-related offenses
    ``No person shall be prosecuted, tried, or punished for any non-
capital offense or conspiracy to commit a non-capital offense under 
section 1581, 1583, 1584, 1589, 1590, 1591 or 1592 of this title or 
under section 274 of the Immigration and Nationality Act unless the 
indictment is found or the information is instituted not later than 10 
years after the commission of the offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following new item:

``3297. Slavery-related offenses.''.
                                 <all>
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