I 

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. 

SA ́NCHEZ 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. VELA ́ZQUEZ, 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 
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a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize the Violence Against Women Act of 1994. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘VAWA 2005 Reau5 thorization Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 
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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 
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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. 
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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. 
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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. 

1 SEC. 3. GRANT PROVISIONS FOR VIOLENCE AGAINST 

2 WOMEN ACT OF 1994. 

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

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

5 the following: 

6 ‘‘SEC. 40002. GRANT PROVISIONS. 

7 ‘‘(a) GRANT CONDITIONS.— 

8 ‘‘(1) NONDISCLOSURE OF CONFIDENTIAL OR

9 PRIVATE INFORMATION.— 
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1 ‘‘(A) IN GENERAL.—In order to ensure the 

2 safety of adult and minor victims of domestic 

3 violence, dating violence, sexual assault, or 

4 stalking, and their families, grantee and sub5 grantees under this title shall reasonably pro6 tect the confidentiality and privacy of persons 

7 receiving services. 

8 ‘‘(B) NONDISCLOSURE.—Subject to sub9 paragraph (C), grantees and subgrantees 

10 should not— 

11 ‘‘(i) disclose any personally identifying 

12 information or individual information col13 lected in connection with services re14 quested, utilized, or denied through grant15 ees’ and subgrantees’ programs; or 

16 ‘‘(ii) reveal individual client informa17 tion without the informed, written, reason18 ably time-limited consent of the person (or 

19 in the case of an unemancipated minor, the 

20 minor and the parent or guardian or in the 

21 case of persons with disabilities, the guard22 ian) about whom information is sought, 

23 whether for this program or any other 

24 Federal, State, tribal, or territorial grant 

25 program. 
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1 ‘‘(C) RELEASE.—If release of information 

2 described in subparagraph (B) is compelled by 

3 statutory or court mandate— 

4 ‘‘(i) grantees and subgrantees shall 

5 make reasonable attempts to provide notice 

6 to victims affected by the disclosure of in7 formation; and 

8 ‘‘(ii) grantees and subgrantees shall 

9 take steps necessary to protect the privacy 

10 and safety of the persons affected by the 

11 release of the information. 

12 ‘‘(D) INFORMATION SHARING.—Grantees 

13 and subgrantees may share— 

14 ‘‘(i) nonpersonally identifying data in 

15 the aggregate regarding services to their 

16 clients and nonpersonally identifying demo17 graphic information in order to comply 

18 with Federal, State, tribal, or territorial 

19 reporting, evaluation, or data collection re20 quirements; and 

21 ‘‘(ii) court-generated information and 

22 law-enforcement generated information 

23 contained in secure, governmental reg24 istries for protection order enforcement 

25 purposes. 
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1 ‘‘(2) APPROVED ACTIVITIES.—In carrying out 

2 the activities under this title, grantees and sub3 grantees may collaborate with and provide informa4 tion to Federal, State, local, tribal, and territorial 

5 public officials and agencies to develop and imple6 ment policies to reduce or eliminate domestic vio7 lence, dating violence, sexual assault, and stalking. 

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

9 funds received under this title shall be used to sup10 plement, not supplant, non-Federal funds that would 

11 otherwise be available for activities under this title. 

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

13 appropriated under this title may be used only for 

14 the specific purposes described in this title and shall 

15 remain available until expended. 

16 ‘‘(5) EVALUATION.—Grantees under this Act 

17 must collect data for use to evaluate the effective18 ness of the program, pursuant to the requirements 

19 described in paragraph (1)(D). 

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

21 grant program under this Act, the grantee must 

22 identify the underserved population for their area 

23 and program. The grantor must ensure that suffi24 cient funds are given to programs that will address 

25 the underserved populations within the grant pro-
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1 gram. Underserved populations will change depend2 ing on the program but will include but not be lim3 ited to rural, urban, religious, race and ethnic fac4 tors, language barriers, disabilities, alienage status, 

5 age, or any other factor determined by the Attorney 

6 General to indicate that a population is underserved. 

7 ‘‘(7) COMMUNITY-BASED ORGANIZATION DE8 FINED.—In this title, the term ‘community-based or9 ganization’ means an organization that— 

10 ‘‘(A) focuses primarily on violence against 

11 women; 

12 ‘‘(B) has established a specialized cul13 turally specific program that addresses violence 

14 against women; 

15 ‘‘(C) has a primary focus on underserved 

16 communities (and includes representatives from 

17 these communities) and violence against women; 

18 or 

19 ‘‘(D) obtains violence against women ex20 pertise through collaboration.’’. 
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1 TITLE I—ENHANCING JUDICIAL 

2 AND LAW ENFORCEMENT 

3 TOOLS TO COMBAT VIOLENCE 

4 AGAINST WOMEN 

5 SEC. 101. STOP GRANTS IMPROVEMENTS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

7 1001(a)(18) of title I of the Omnibus Crime Control and 

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

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

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

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

12 (b) PURPOSE AREA ENHANCEMENTS.—Section 

13 2001(b) of title I of the Omnibus Crime Control and Safe 

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

15 (1) by striking ‘‘and specifically, for the pur16 poses of—’’ and inserting ‘‘, including collaborating 

17 with and informing public officials and agencies in 

18 order to develop and implement policies to reduce or 

19 eliminate domestic violence, dating violence, sexual 

20 assault, and stalking, and specifically only for the 

21 purposes of—’’; 

22 (2) in paragraph (5), by inserting after ‘‘protec23 tion orders are granted,’’ the following: ‘‘supporting 

24 nonprofit nongovernmental victim services programs 

25 and tribal organizations in working with public offi-
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1 cials and agencies to develop and implement policies, 

2 rules, and procedures in order to reduce or eliminate 

3 domestic violence, dating violence, sexual assault, 

4 and stalking,’’; 

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

6 the semicolon; 

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

8 and inserting ‘‘; and’’; and 

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

10 ‘‘(12) maintaining core victim services and 

11 criminal justice initiatives, while supporting com12 plementary new initiatives and emergency services 

13 for victims and their families.’’. 

14 (c) TECHNICAL AMENDMENT RELATING TO

15 MISDESIGNATED SECTIONS.— 

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

17 Law 107–273 (116 Stat. 1789) is amended by strik18 ing ‘‘as sections 2006 through 2011, respectively’’ 

19 and inserting ‘‘as sections 2007 through 2011, re20 spectively’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the date of en23 actment of Public Law 107–273. 

24 (d) CLARIFICATION OF ACTIVITIES REGARDING UN25 DERSERVED POPULATIONS.—Section 2006 of the Omni-
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1 bus Crime Control and Safe Streets Act of 1968 (42 

2 U.S.C. 3796gg–1) is amended— 

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

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

5 will address the needs of racial and ethnic minorities 

6 and racial and ethnic and other underserved popu7 lations’’; and 

8 (2) in subsection (e)(2), by striking subpara9 graph (D) and inserting the following: 

10 ‘‘(D) recognize and meaningfully respond 

11 to the needs of racial and ethnic and other un12 derserved populations and ensure that monies 

13 set aside to fund services and activities for ra14 cial and ethnic and other underserved popu15 lations are distributed equally among those pop16 ulations.’’. 

17 (e) TRIBAL AND TERRITORIAL SETASIDES.—Section 

18 2007 of the Omnibus Crime Control and Safe Streets Act 

19 of 1968 (42 U.S.C. 3796gg–1), as redesignated by sub20 section (c), is amended— 

21 (1) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘5 per23 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), by striking ‘‘1 24 ⁄54’’ 

and inserting ‘‘1 25 ⁄56’’; 
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1 (C) in paragraph (3), by striking ‘‘and the 

2 coalition for the combined Territories of the 

3 United States, each receiving an amount equal 

to 1 4 ⁄54’’ and inserting ‘‘Guam, American Samoa, 

5 the United States Virgin Islands, and the Com6 monwealth of the Northern Mariana Islands, 

each receiving an amount equal to 1 7 ⁄56’’; 

(D) in paragraph (4), by striking ‘‘1 8 ⁄54’’ 

and inserting ‘‘1 9 ⁄56’’; 

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

11 after the semicolon; 

12 (F) in paragraph (6), by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (G) by adding at the end: 

15 ‘‘(7) such funds shall remain available until ex16 pended.’’; 

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

18 ‘‘victim services’’ the following: ‘‘, of which at least 

19 10 percent shall be distributed to culturally specific 

20 community-based organizations’’; and 

21 (3) in subsection (d)— 

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

23 after the semicolon; 

24 (B) in paragraph (3), by striking the pe25 riod and inserting ‘‘; and’’; and 
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1 (C) by adding at the end the following: 

2 ‘‘(4) documentation showing that tribal, terri3 torial, State or local prosecution, law enforcement, 

4 and court and victim service provider subgrantees 

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

6 victim services programs during the course of devel7 oping their grant applications in order to ensure 

8 that proposed services, activities and equipment ac9 quisitions are designed to promote the safety, con10 fidentiality, and economic independence of victims of 

11 domestic violence, sexual assault, stalking, and dat12 ing violence.’’. 

13 (f) TRAINING, TECHNICAL ASSISTANCE, AND DATA

14 COLLECTION.—Section 2007 of the Omnibus Crime Con15 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

16 1), as redesignated by subsection (c), is amended by add17 ing at the end the following: 

18 ‘‘(i) TRAINING, TECHNICAL ASSISTANCE, AND DATA

19 COLLECTION.— 

20 ‘‘(1) IN GENERAL.—Of the total amounts ap21 propriated under this part, not less than 3 percent 

22 and up to 8 percent shall be available for providing 

23 training, technical assistance, and data collection re24 lating to the purpose areas of this part to improve 

25 the capacity of grantees, subgrantees and other enti-
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1 ties to offer services and assistance to victims of do2 mestic violence, sexual assault, stalking, and dating 

3 violence. 

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

5 Violence Against Women Office shall ensure that 

6 training or technical assistance regarding violence 

7 against Indian women will be developed and pro8 vided by entities having expertise in tribal law and 

9 culture.’’. 

10 (g) AVAILABILITY OF FORENSIC MEDICAL EXAMS.— 

11 Section 2010 of the Omnibus Crime Control and Safe 

12 Streets Act of 1968 (42 U.S.C. 3796gg–4), as redesig13 nated by subsection (c), is amended by adding at the end 

14 the following: 

15 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov16 ernment may use Federal grant funds under this part to 

17 pay for forensic medical exams performed by trained ex18 aminers for victims of sexual assault, except that such 

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

20 by any State or Indian tribal government that requires 

21 victims of sexual assault to seek reimbursement for such 

22 exams from their insurance carriers. 

23 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to permit a State to require a vic25 tim of sexual assault to participate in the criminal justice 
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1 system or cooperate with law enforcement in order to be 

2 provided with a forensic medical exam, reimbursement for 

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

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

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

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

7 at the end the following new section: 

8 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

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

10 a State, Indian tribal government, or unit of local govern11 ment must certify within three years of enactment of the 

12 VAWA 2005 Reauthorization Act that their laws, policies, 

13 or practices ensure that no law enforcement officer, pros14 ecuting officer or other government official shall ask or 

15 require an adult or child victim of a sex offense as defined 

16 under Federal, Tribal, State, Territorial or local law to 

17 submit to a polygraph examination or similar truth-telling 

18 device or method as a condition for proceeding with the 

19 investigation, charging or prosecution of such an offense. 

20 A victim’s refusal to submit to the aforementioned shall 

21 not prevent the investigation, charging or prosecution of 

22 the pending case.’’. 

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

24 I of the Omnibus Crime Control and Safe Streets Act of 
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1 1968 (42 U.S.C. 3796gg et seq.) is amended by adding 

2 at the end the following new section: 

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

4 GRANTEES. 

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

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

7 enforcement agency (under 20 officers) or to a victim serv8 ice provider.’’. 

9 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

10 PROTECTION ORDERS IMPROVEMENTS. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 1001(a)(19) of title I of the Omnibus Crime Control and 

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

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

15 2001 through 2005’’ and inserting ‘‘$75,000,000 for each 

16 of fiscal years 2006 through 2010. Funds appropriated 

17 under this paragraph shall remain available until ex18 pended.’’. 

19 (b) GRANTEE REQUIREMENTS.—Section 2101 of the 

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

21 U.S.C. 3796hh) is amended— 

22 (1) in subsection (a), by striking ‘‘to treat do23 mestic violence as a serious violation’’ and inserting 

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

25 assault, and stalking as serious violations’’; 
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1 (2) in subsection (b)— 

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

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

4 territorial,’’; 

5 (B) in paragraph (1), by striking ‘‘manda6 tory arrest or’’; 

7 (C) in paragraph (2), by— 

8 (i) inserting after ‘‘educational pro9 grams,’’ the following: ‘‘protection order 

10 registries,’’; 

11 (ii) striking ‘‘domestic violence and 

12 dating violence’’ and inserting ‘‘domestic 

13 violence, dating violence, sexual assault, 

14 and stalking. Policies, educational pro15 grams, registries, and training described in 

16 this paragraph shall incorporate confiden17 tiality and privacy protections for victims 

18 of domestic violence, dating violence, sex19 ual assault, and stalking’’; 

20 (D) in paragraph (3), by— 

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

22 and inserting ‘‘domestic violence, dating vi23 olence, sexual assault, and stalking cases’’; 

24 and 
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1 (ii) striking ‘‘groups’’ and inserting 

2 ‘‘teams’’; 

3 (E) in paragraph (5), by striking ‘‘domes4 tic violence and dating violence’’ and inserting 

5 ‘‘domestic violence, dating violence, sexual as6 sault, and stalking’’; 

7 (F) in paragraph (6), by— 

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

9 ‘‘civil’’; and 

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

11 the following: ‘‘, dating violence, sexual as12 sault, and stalking’’; and 

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

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

15 victims services programs to collaborate with and in16 form efforts by State and local jurisdictions and 

17 public officials and agencies to develop best practices 

18 and policies regarding arrest of domestic violence, 

19 dating violence, sexual assault, and stalking offend20 ers and to strengthen protection order enforcement 

21 and to reduce or eliminate domestic violence, dating 

22 violence, sexual assault, and stalking. 

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

24 local policies, procedures, and protocols for pre25 venting dual arrests and prosecutions in cases of do-
21 

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1 mestic violence, dating violence, sexual assault, and 

2 stalking and to develop effective methods for identi3 fying the pattern and history of abuse that indicates 

4 which party is the actual perpetrator of abuse. 

5 ‘‘(11) To plan, develop and establish com6 prehensive victim service and support centers, such 

7 as family justice centers, designed to bring together 

8 victim advocates from non-profit, non-governmental 

9 victim services organizations, law enforcement offi10 cers, prosecutors, probation officers, governmental 

11 victim assistants, forensic medical professionals, civil 

12 legal attorneys, chaplains, legal advocates, represent13 atives from community-based organizations and 

14 other relevant public or private agencies or organiza15 tions into one centralized location, in order to im16 prove safety, access to services, and confidentiality 

17 for victims and families. 

18 ‘‘(12) To develop and implement policies and 

19 training for police, prosecutors, and the judiciary in 

20 recognizing, investigating, and prosecuting instances 

21 of sexual assault, with an emphasis on recognizing 

22 the threat to the community for repeat crime per23 petration by such individuals.’’; 

24 (3) in subsection (c)— 
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1 (A) in paragraph (3), by striking ‘‘and’’ 

2 after the semicolon; 

3 (B) in paragraph (4), by striking the pe4 riod and inserting ‘‘; and’’; and 

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

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

7 the VAWA 2005 Reauthorization Act that their 

8 laws, policies, or practices ensure that— 

9 ‘‘(A) no law enforcement officer, pros10 ecuting officer or other government official shall 

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

12 offense as defined under Federal, tribal, State, 

13 territorial, or local law to submit to a polygraph 

14 examination or other truth telling device as a 

15 condition for proceeding with the investigation, 

16 charging or prosecution of such an offense; and 

17 ‘‘(B) the refusal of a victim to submit to 

18 an examination described in subparagraph (A) 

19 shall not prevent the investigation, charging or 

20 prosecution of the offense.’’; and 

21 (4) by striking subsections (d) and (e) and in22 serting the following: 

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

24 than 10 percent of the total amount made available for 
23 

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1 grants under this section for each fiscal year shall be avail2 able for grants to Indian tribe governments.’’. 

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

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

5 3796hh–1(b)) is amended in each of paragraphs (1) and 

6 (2) by inserting after ‘‘involving domestic violence’’ the fol7 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

8 (d) TRAINING, TECHNICAL ASSISTANCE, CONFIDEN9 TIALITY.—Part U of title I of the Omnibus Crime Control 

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

11 is amended by adding at the end the following: 

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

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

14 not less than 5 percent and up to 8 percent shall be avail15 able for providing training, technical assistance, and data 

16 collection relating to the purpose areas of this part to im17 prove the capacity of grantees, subgrantees and other enti18 ties to offer services and assistance to victims of domestic 

19 violence and dating violence.’’. 

20 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVE21 MENTS. 

22 Section 1201 of the Violence Against Women Act of 

23 2000 (42 U.S.C. 3796gg–6) is amended— 

24 (1) in subsection (a), by— 
24 

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

2 following: ‘‘civil and criminal’’; 

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

4 following: ‘‘adult and minor’’; 

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

6 or sexual assault’’ and inserting ‘‘domestic vio7 lence, dating violence, sexual assault, or stalk8 ing’’; and 

9 (D) inserting at the end the following: 

10 ‘‘The Attorney shall use funds appropriated 

11 under this section only for the purposes de12 scribed in subsection (c).’’; 

13 (2) in subsection (c), by striking ‘‘private non14 profit entities, Indian tribal governments’’ and in15 serting ‘‘nonprofit, nongovernmental organizations, 

16 Indian tribal governments and tribal organizations, 

17 territorial organizations’’; 

18 (3) in paragraphs (1), (2), and (3) of sub19 section (c), by striking ‘‘victims of domestic violence, 

20 sexual assault, and stalking’’ wherever it appears 

21 and inserting ‘‘victims of domestic violence, dating 

22 violence, sexual assault, and stalking’’; 

23 (4) in subsection (d)— 

24 (A) in paragraph (1), by striking ‘‘domes25 tic violence or sexual assault’’ and inserting 
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1 ‘‘domestic violence, dating violence, sexual as2 sault, or stalking’’; 

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

4 inserting the following: 

5 ‘‘(2) any training program conducted in satis6 faction of the requirement of paragraph (1) has been 

7 or will be developed with input from and in collabo8 ration with a tribal, State, territorial, or local do9 mestic violence, dating violence, sexual assault or 

10 stalking organization or coalition, as well as appro11 priate tribal, State, territorial, and local law enforce12 ment officials; 

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

14 assistance through a program funded under sub15 section (c) has informed and will continue to inform 

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

17 dating violence, sexual assault or stalking organiza18 tions and coalitions, as well as appropriate tribal, 

19 State, territorial, and local law enforcement officials 

20 of their work; and’’; and 

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

22 violence,’’ after ‘‘domestic violence,’’; 

23 (5) in subsection (e), by inserting ‘‘dating vio24 lence,’’ after ‘‘domestic violence,’’; and 

25 (6) in subsection (f)— 
26 

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1 (A) by striking paragraph (1) and insert2 ing the following: 

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

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

5 for each of fiscal years 2006 through 2010. Funds 

6 appropriated under this section shall remain avail7 able until expended and may only be used for the 

8 specific programs and activities described in this sec9 tion.’’; and 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A), by— 

12 (I) striking ‘‘5 percent’’ and in13 serting ‘‘10 percent’’; 

14 (II) striking ‘‘programs’’ and in15 serting ‘‘tribal governments or tribal 

16 organizations’’; 

17 (III) inserting ‘‘adult and minor’’ 

18 after ‘‘that assist’’; and 

19 (IV) striking ‘‘domestic violence, 

20 stalking, and sexual assault’’ and in21 serting ‘‘domestic violence, dating vio22 lence, sexual assault, and stalking’’; 

23 and 

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

25 ‘‘technical assistance to support projects 
27 

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1 focused solely or primarily on providing 

2 legal assistance to victims of sexual as3 sault’’ and inserting ‘‘technical assistance 

4 in civil and crime victim matters to adult 

5 and minor victims of sexual assault’’. 

6 SEC. 104. COURT TRAINING AND IMPROVEMENTS. 

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

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

10 ‘‘Subtitle J—Violence Against 

11 Women Act Court Training and 

12 Improvements 

13 ‘‘SEC. 41001. SHORT TITLE. 

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

15 Women Act Court Training and Improvements Act of 

16 2005’. 

17 ‘‘SEC. 41002. PURPOSE. 

18 ‘‘The purpose of this subtitle is to enable the Attor19 ney General, though the Director of the Office on Violence 

20 Against Women, to award grants to improve court re21 sponses to adult and youth domestic violence, dating vio22 lence, sexual assault, and stalking to be used for the fol23 lowing purposes— 

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

25 functions, responses, practices, and procedures; 
28 

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

2 personnel on issues relating to victims’ needs, in3 cluding safety, security, privacy, confidentiality and 

4 economic independence, as well as information about 

5 perpetrator behavior and best practices for holding 

6 perpetrators accountable; 

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

8 State, and local public agencies and officials and 

9 nonprofit, non-governmental organizations to im10 prove implementation and enforcement of relevant 

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

12 ‘‘(4) to enable courts or court-based or court-re13 lated programs to develop new or enhance current— 

14 ‘‘(A) court infrastructure (such as special15 ized courts, dockets, intake centers, or inter16 preter services and linguistically and culturally 

17 specific services); 

18 ‘‘(B) community-based initiatives within 

19 the court system (such as court watch pro20 grams, victim advocates, or community-based 

21 supplementary services); 

22 ‘‘(C) offender management, monitoring, 

23 and accountability programs; 
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1 ‘‘(D) safe and confidential information2 storage and -sharing databases within and be3 tween court systems; 

4 ‘‘(E) education and outreach programs 

5 (such as interpreters) to improve community 

6 access, including enhanced access for racial and 

7 ethnic communities and racial and ethnic and 

8 other underserved populations (as described in 

9 section 40002); and 

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

11 responses to domestic violence, dating violence, 

12 sexual assault, and stalking; and 

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

14 Federal, State, territorial or local courts wishing to 

15 improve their practices and procedures or to develop 

16 new programs. 

17 ‘‘SEC. 41003. GRANT REQUIREMENTS. 

18 ‘‘Grants awarded under this subtitle shall be subject 

19 to the following conditions: 

20 ‘‘(1) ELIGIBLE GRANTEES.—Eligible grantees 

21 may include— 

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

23 local courts or court-based pro grams; and 

24 ‘‘(B) national, tribal, State, or local pri25 vate, nonprofit organizations with demonstrated 
30 

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1 expertise in developing and providing judicial 

2 education about domestic violence, dating vio3 lence, sexual assault, or stalking. 

4 ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligi5 ble for a grant under section 41003, applicants shall 

6 certify in writing that— 

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

8 working directly with or making decisions about 

9 adult or minor parties experiencing domestic vi10 olence, dating violence, sexual assault, and 

11 stalking have completed or will complete edu12 cation about domestic violence, dating violence, 

13 sexual assault, and stalking; 

14 ‘‘(B) any education program developed 

15 under section 41002 has been or will be devel16 oped with significant input from and in collabo17 ration with a national, tribal, State, territorial, 

18 or local victim services provider or coalition; 

19 and 

20 ‘‘(C) the grantee’s internal organizational 

21 policies, procedures, or rules do not require me22 diation or counseling between offenders and vic23 tims physically together in cases where domestic 

24 violence, dating violence, sexual assault, or 

25 stalking is an issue. 
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1 ‘‘SEC. 41004. EVALUATION. 

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

3 the Director of the Office on Violence Against Women, 

4 may evaluate the grants funded under section 41002. 

5 ‘‘(b) TRIBAL GRANTEES.—Evaluation of tribal grant6 ees under this section shall be conducted by entities with 

7 expertise in Federal Indian law and tribal court practice. 

8 ‘‘SEC. 41005. NATIONAL EDUCATIONAL CURRICULA. 

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

10 the Director of the Office on Violence Against Women, 

11 shall fund efforts to develop a national education cur12 riculum for use by State and national judicial educators 

13 to ensure that all courts and court personnel have access 

14 to information about relevant Federal, State, territorial, 

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

16 regarding court responses to adult and youth domestic vio17 lence, dating violence, sexual assault, and stalking. 

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

19 under this section— 

20 ‘‘(1) shall be developed by an entity or entities 

21 having demonstrated expertise in developing judicial 

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

24 or 

25 ‘‘(2) if the primary grantee does not have dem26 onstrated expertise such issues, the curricula shall 
32 

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1 be developed by the primary grantee in partnership 

2 with an organization having such expertise. 

3 ‘‘SEC. 41006. TRIBAL CURRICULA. 

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

5 the Office on Violence Against Women, shall fund efforts 

6 to develop education curricula for tribal court judges to 

7 ensure that all tribal courts have relevant information 

8 about promising practices, procedures, policies, and law 

9 regarding tribal court responses to adult and youth domes10 tic violence, dating violence, sexual assault, and stalking. 

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

12 under this section— 

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

14 having demonstrated expertise in developing judicial 

15 education curricula on issues relating to domestic vi16 olence, dating violence, sexual assault, and stalking; 

17 and 

18 ‘‘(2) if the primary grantee does not have such 

19 expertise, the curricula shall be developed by the pri20 mary grantee through partnership with organiza21 tions having such expertise. 

22 ‘‘SEC. 41007. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—There is authorized to be appro24 priated to carry out this subtitle $5,000,000 for each of 

25 fiscal years 2006 to 2010. 
33 

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

2 section shall remain available until expended and may only 

3 be used for the specific programs and activities described 

4 in this subtitle. 

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

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

7 percent shall be used for grants to tribes. 

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

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

10 encourage cross training and collaboration between the 

11 courts, domestic violence and sexual assault service pro12 viders, youth organizations and service providers, violence 

13 prevention programs, and law enforcement agencies, so 

14 that communities can establish and implement policies, 

15 procedures, and practices to protect and more comprehen16 sively and effectively serve youth victims of dating vio17 lence, domestic violence, sexual assault, and stalking be18 tween the ages of 12 and 24, and to engage, where nec19 essary, other entities addressing the safety, health, mental 

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

21 youth victims of domestic violence, dating violence, sexual 

22 assault, and stalking. 

23 ‘‘(b) GRANT AUTHORITY.— 

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

25 through the Director of the Office on Violence 
34 

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1 Against Women (in this section referred to as the 

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

3 enable entities to jointly carry out cross training and 

4 other collaborative initiatives that seek to carry out 

5 the purposes of this section. Amounts appropriated 

6 under this section may only be used for programs 

7 and activities described under subsection (c). 

8 ‘‘(2) GRANT PERIODS.—Grants shall be award9 ed under this section for a period of 3 fiscal years. 

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

11 grant under this section, a grant applicant shall es12 tablish a collaboration that shall include— 

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

14 juvenile, family, civil, criminal or other trial 

15 court with jurisdiction over domestic violence, 

16 dating violence, sexual assault or stalking cases 

17 (hereinafter referred to as ‘‘courts’’); and 

18 ‘‘(B) a victim service provider that has ex19 perience in working on domestic violence, dating 

20 violence, sexual assault, or stalking and the ef21 fect that those forms of abuse have on young 

22 people. 

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

24 grant under this section shall use the funds made available 
35 

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1 through the grant for cross-training and collaborative ef2 forts to— 

3 ‘‘(1) assess and analyze currently available serv4 ices for youth victims of domestic violence, dating vi5 olence, sexual assault, and stalking; determine rel6 evant barriers to such services in a particular local7 ity; 

8 ‘‘(2) establish and enhance linkages and col9 laboration between courts; domestic violence or sex10 ual assault service providers, and, where applicable, 

11 law enforcement agencies, and other entities ad12 dressing the safety, health, mental health, social 

13 service, housing, and economic needs of youth vic14 tims of domestic violence, dating violence, sexual as15 sault or stalking, including community-based sup16 ports such as schools, local health centers, commu17 nity action groups, and neighborhood coalitions to 

18 identify, assess, and respond appropriately to the 

19 varying needs of youth victims of dating violence, 

20 domestic violence, sexual assault or stalking; 

21 ‘‘(3) educate the staff of courts, domestic vio22 lence and sexual assault service providers, and, as 

23 applicable, the staff of law enforcement agencies, 

24 youth organizations, schools, healthcare providers 

25 and other community prevention and intervention 
36 

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1 programs to responsibly address youth victims and 

2 perpetrators of domestic violence, dating violence, 

3 sexual assault and stalking, and to understand rel4 evant laws, court procedures and policies; and 

5 ‘‘(4) provide appropriate resources in juvenile 

6 court matters to respond to dating violence, domestic 

7 violence, sexual assault and stalking and assure nec8 essary services dealing with the health and mental 

9 health of youth victims are available. 

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

11 grant under this section, the entities that are members 

12 of the applicant collaboration described in subsection 

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

14 at such time, in such manner, and containing such infor15 mation as the Director may require. 

16 ‘‘(e) PRIORITY.—In awarding grants under this sec17 tion, the Director shall give priority to entities that have 

18 submitted applications in partnership with law enforce19 ment agencies and religious and community organizations 

20 and service providers that work primarily with youth, es21 pecially teens, and who have demonstrated a commitment 

22 to coalition building and cooperative problem solving in 

23 dealing with problems of dating violence, domestic vio24 lence, sexual assault, and stalking in teen populations. 
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1 ‘‘(f) DISTRIBUTION.—In awarding grants under this 

2 section— 

3 ‘‘(1) not less than 10 percent of funds appro4 priated under this section in any year shall be avail5 able for grants to collaborations involving tribal 

6 courts, tribal coalitions, tribal organizations, or do7 mestic violence or sexual assault service providers 

8 the primary purpose of which is to provide culturally 

9 relevant services to American Indian or Alaska Na10 tive women or youth; 

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

12 percent of funds appropriated under this section in 

13 any year for monitoring and evaluation of grants 

14 made available under this section; 

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

16 than 2.5 percent of funds appropriated under this 

17 section in any year for administration of grants 

18 made available under this section; and 

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

20 under this section in any year shall be available to 

21 provide technical assistance for programs funded 

22 under this section. 

23 ‘‘(g) REPORTING AND DISSEMINATION OF INFORMA24 TION.— 
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1 ‘‘(1) REPORTS.—Each of the entities that are 

2 members of the applicant collaboration described in 

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

4 section shall jointly prepare and submit a report to 

5 the Director every 18 months detailing the activities 

6 that the entities have undertaken under the grant 

7 and such additional information as the Director may 

8 require. 

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

10 later than 12 months after the end of the grant pe11 riod under this section, the Director shall prepare, 

12 submit to Congress, and make widely available, in13 cluding through electronic means, summaries that 

14 contain information on— 

15 ‘‘(A) the activities implemented by the re16 cipients of the grants awarded under this sec17 tion; and 

18 ‘‘(B) related initiatives undertaken by the 

19 Director to promote attention to dating vio20 lence, domestic violence, sexual assault, and 

21 stalking and their impact on young victims 

22 by— 

23 ‘‘(i) the staffs of courts; 
39 

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1 ‘‘(ii) domestic violence, dating vio2 lence, sexual assault, and stalking service 

3 providers; and 

4 ‘‘(iii) law enforcement agencies and 

5 community organizations. 

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

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

8 $5,000,000 in each of fiscal years 2006 through 2010.’’. 

9 SEC. 105. DOMESTIC VIOLENCE COURTS ASSISTANCE. 

10 (a) SHORT TITLE.—This section may be cited as the 

11 ‘‘Domestic Violence Courts Assistance Act’’. 

12 (b) FINDINGS.—The Congress finds the following: 

13 (1) Nearly one-third of American women report 

14 being physically or sexually abused by a husband or 

15 boyfriend at some point in their lives. 

16 (2) Family violence costs the nation between 

17 $5,000,000,000 and $10,000,000,000 each year in 

18 medical expenses, police and court costs, shelters 

19 and foster care, sick leave, absenteeism, and non20 productivity. 

21 (3) The Nation’s first specialized domestic vio22 lence court was established in Chicago in the early 

23 1980s to centralize the prosecution of domestic vio24 lence offenders. 
40 

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1 (4) There are presently more than 300 domestic 

2 violence courts in at least 23 States nationwide. 

3 (5) Specialized domestic violence courts in sev4 eral communities have resulted in cutting the proc5 essing time of domestic violence, reducing a backlog 

6 of existing domestic violence cases and raising the 

7 conviction rate. 

8 (6) Specialized domestic violence courts allow 

9 judges, prosecutors and defense attorneys to focus 

10 on the intricacies of domestic violence cases, espe11 cially with regards to repeat offenders. 

12 (c) ESTABLISHMENT OF DOMESTIC VIOLENCE

13 COURT SYSTEMS FROM AMOUNTS AVAILABLE FOR

14 GRANTS TO COMBAT VIOLENCE AGAINST WOMEN.— 

15 (1) IN GENERAL.—Part T of the Omnibus 

16 Crime Control and Safe Streets Act of 1968 (relat17 ing to grants to combat violent crimes against 

18 women) is amended as follows: 

19 (A) PURPOSES FOR WHICH GRANTS MAY

20 BE USED.—Section 2001(b) of that Act (42 

21 U.S.C. 3796gg(b)) is amended— 

22 (i) in paragraph (10), by striking 

23 ‘‘and’’ at the end; 
41 

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1 (ii) in paragraph (11), by striking the 

2 period at the end and inserting ‘‘; and’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(12) providing the resources to establish and 

7 maintain a court system dedicated to the adjudica8 tion of domestic violence cases, including providing 

9 such resources as— 

10 ‘‘(A) prosecutors and court personnel, in11 cluding those who perform interpretation and 

12 translation services; 

13 ‘‘(B) technical assistance and counseling; 

14 ‘‘(C) training of attorneys, judges, and 

15 court personnel, including those who perform 

16 interpretation and translation services (which 

17 should be carried out in consultation with local 

18 domestic violence advocates, State domestic vio19 lence coalitions, or both); 

20 ‘‘(D) technological improvements and data 

21 collection; and 

22 ‘‘(E) improvement of court facilities, in23 cluding the creation of safe waiting areas and 

24 improved security.’’. 
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1 (B) QUALIFICATION FOR FUNDS.—Section 

2 2002(c)(3)(C) of that Act (42 U.S.C. 3796gg3 1(c)(3)(C)) is amended by inserting after ‘‘in4 cluding juvenile courts’’ the following: ‘‘and spe5 cialized domestic violence courts’’. 

6 (2) ATTORNEY GENERAL REPORT.—Not later 

7 than thirty days after the expiration of the third fis8 cal year beginning after the date of the enactment 

9 of this Act, the Attorney General shall submit to 

10 Congress a report on the implementation and effec11 tiveness of the amendments made by paragraph (1), 

12 including the effectiveness of grants made under 

13 such amendments in reducing the rates of domestic 

14 violence and shortening the period of judicial review 

15 in domestic violence cases. 

16 (3) STATE JUSTICE INSTITUTE.—Section 

17 206(c) of the State Justice Institute Act of 1984 

18 (42 U.S.C. 10705(c)) is amended— 

19 (A) in paragraph (14) by striking ‘‘and’’; 

20 (B) in paragraph (15) by striking the pe21 riod at the end and inserting a semicolon; and 

22 (C) by adding at the end the following new 

23 paragraphs: 
43 

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1 ‘‘(16) implement and evaluate court-based ap2 proaches to adjudicating domestic violence cases in 

3 State courts, including— 

4 ‘‘(A) domestic violence courts; 

5 ‘‘(B) integrated case management informa6 tion systems; 

7 ‘‘(C) collaborations among courts, law en8 forcement agencies, social service agencies, 

9 women’s shelters, and victims of crime support 

10 organizations; and 

11 ‘‘(D) any other innovative practices likely 

12 to improve the criminal justice system’s re13 sponse to domestic violence; and 

14 ‘‘(17) provide technical assistance to State 

15 courts to facilitate the development and adoption of 

16 improved practices in the adjudication of domestic 

17 violence cases.’’. 

18 (4) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to carry out 

20 paragraphs (16) and (17) of section 206(c) of the 

21 State Justice Institute Act of 1984, as added by 

22 paragraph (3), $1,500,000 for each of fiscal years 

23 2006 through 2009. 
44 

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1 SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS. 

2 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

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

4 States Code, are amended by— 

5 (1) striking ‘‘or Indian tribe’’ each place it ap6 pears and inserting ‘‘, Indian tribe, or territory’’; 

7 and 

8 (2) striking ‘‘State or tribal’’ each place it ap9 pears and inserting ‘‘State, tribal, or territorial’’. 

10 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE11 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

12 2265(a) of title 18, United States Code, is amended by 

13 striking ‘‘and enforced as if it were’’ and inserting ‘‘and 

14 enforced by the court and law enforcement personnel of 

15 the other State, Indian tribal government or Territory as 

16 if it were’’. 

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

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

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

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

21 (d) LIMITS ON INTERNET PUBLICATION OF PROTEC22 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

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

24 following: 

25 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF

26 REGISTRATION INFORMATION.—A State, Indian 
45 

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1 tribe, or territory shall not publish publicly on the 

2 Internet any information regarding the registration 

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

4 injunction in either the issuing or enforcing State, 

5 tribal or territorial jurisdiction, if such publication 

6 would be likely to publicly reveal the identity or loca7 tion of the party protected under such order. A 

8 State, Indian tribe, or territory may share court-gen9 erated law enforcement generated information con10 tained in secure, governmental registries for protec11 tion order enforcement purposes.’’. 

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

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

14 inserting the following: 

15 ‘‘(5) PROTECTION ORDER, RESTRAINING

16 ORDER, OR INJUNCTION.—The term ‘protection 

17 order, restraining order, or injunction’ includes— 

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

19 by a civil or criminal court for the purpose of 

20 preventing violent or threatening acts or har21 assment against, sexual violence, or contact or 

22 communication with or physical proximity to, 

23 another person, including any temporary or 

24 final order issued by a civil or criminal court 

25 whether obtained by filing an independent ac-
46 

•HR 3171 IH 

1 tion or as a pendente lite order in another pro2 ceeding so long as any civil or criminal order 

3 was issued in response to a complaint, petition, 

4 or motion filed by or on behalf of a person seek5 ing protection; and 

6 ‘‘(B) any support, child custody or visita7 tion provisions, orders, remedies or relief issued 

8 as part of a protection order, restraining order, 

9 or injunction pursuant to State, tribal, terri10 torial, or local law authorizing the issuance of 

11 protection orders, restraining orders, or injunc12 tions for the protection of victims of domestic 

13 violence, sexual assault, dating violence, or 

14 stalking.’’. 

15 SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES16 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

17 VIOLENCE, AND STALKING. 

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

19 1902 et seq.) is amended by adding at the end the fol20 lowing: 
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•HR 3171 IH 

1 ‘‘Subtitle K—Privacy Protections 

2 for Victims of Domestic Vio3 lence, Dating Violence, Sexual 

4 Violence, and Stalking 

5 ‘‘SEC. 41101. TASK FORCE. 

6 ‘‘The Attorney General shall establish a task force 

7 to review and report on policies, procedures, and techno8 logical issues that may affect the privacy and confiden9 tiality of victims of domestic violence, dating violence, 

10 stalking and sexual assault. The Attorney General shall 

11 include representatives from States, tribes, territories and 

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

13 develop a best practices model to prevent personally identi14 fying information of adult and minor victims of domestic 

15 violence, dating violence, stalking and sexual assault from 

16 being released to the detriment of such victimized persons. 

17 The Attorney General shall designate one staff member 

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

19 authorzed to make grants to develop a demonstration 

20 project to implement the best practices identified by the 

21 Task Force. 

22 ‘‘SEC. 41102. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—There is authorized to be appro24 priated to carry out this subtitle $1,000,000 for each of 

25 fiscal years 2006 through 2010. 
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1 ‘‘(b) AVAILABILITY.—Amounts appropriated under 

2 this section shall remain available until expended and may 

3 only be used for the specific programs and activities de4 scribed in this subtitle.’’. 

5 SEC. 108. STALKER DATABASE. 

6 Section 40603 of the Violence Against Women Act 

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

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

9 and 

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

11 SEC. 109. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA. 

12 Section 40114 of the Violence Against Women Act 

13 of 1994 (Public Law 103–322) is amended to read as fol14 lows: 

15 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS16 SISTANTS. 

17 ‘‘There are authorized to be appropriated for the 

18 United States attorneys for the purpose of appointing vic19 tim assistants for the prosecution of sex crimes and do20 mestic violence crimes where applicable (such as the Dis21 trict of Columbia), $1,000,000 for each of fiscal years 

22 2006 through 2010.’’. 
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1 SEC. 110. PREVENTING CYBERSTALKING. 

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

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

4 is amended— 

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

6 the end; 

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

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

9 (3) by adding at the end the following new sub10 paragraph: 

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

12 subsection (a)(1), includes any device or soft13 ware that can be used to originate telecommuni14 cations or other types of communications that 

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

16 Internet (as such term is defined in section 

17 1104 of the Internet Tax Freedom Act (47 

18 U.S.C. 151 note)).’’. 

19 (b) RULE OF CONSTRUCTION.—This section and the 

20 amendment made by this section may not be construed 

21 to affect the meaning given the term ‘‘telecommunications 

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

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

24 this section. 
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•HR 3171 IH 

1 SEC. 111. REPEAT OFFENDER PROVISION. 

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

3 amended by adding after section 2265 the following: 

4 ‘‘§ 2265A. Repeat offender provision 

5 ‘‘The maximum term of imprisonment for a violation 

6 of this chapter after a prior interstate domestic violence 

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

8 of protection order (as defined in section 2262) or inter9 state stalking (as defined in sections 2261A(a) and 

10 2261A(b)) shall be twice the term otherwise provided for 

11 the violation.’’. 

12 SEC. 112. PROHIBITING DATING VIOLENCE. 

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

14 amended— 

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

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

17 partner’’; and 

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

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

20 partner’’. 

21 SEC. 113. PREVENTING ATTACKS FROM PHONY POLICE 

22 AND PUBLIC OFFICIALS. 

23 (a) IN GENERAL.—Section 716 of title 18, United 

24 States Code, is amended— 
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•HR 3171 IH 

1 (1) by striking ‘‘police badge’’ each place it ap2 pears in subsections (a) and (b) and inserting ‘‘offi3 cial insignia or article of clothing’’; 

4 (2) in each of paragraphs (2) and (4) of sub5 section (a), by striking ‘‘badge of the police’’ and in6 serting ‘‘official insignia or article of clothing’’; 

7 (3) in subsection (b), by striking ‘‘the badge’’ 

8 and inserting ‘‘the insignia or article of clothing’’; 

9 (4) so that subsection (c) reads as follows: 

10 ‘‘(c) As used in this section— 

11 ‘‘(1) the term ‘official insignia or article of 

12 clothing’ means an article of distinctive clothing or 

13 insignia, including a badge, emblem or identification 

14 card, that is an indicium of the authority of a public 

15 employee; and 

16 ‘‘(2) the term ‘public employee’ means any offi17 cer or employee of the Federal Government or of a 

18 State or local government.’’; and 

19 (5) in the heading for the section, by striking 

20 ‘‘Police badges’’ and inserting ‘‘Public em21 ployee insignia and clothing’’. 

22 (b) CONFORMING AMENDMENT TO TABLE OF SEC23 TIONS.—The item in the table of sections at the beginning 

24 of chapter 33 of title 18, United States Code, relating to 
52 

•HR 3171 IH 

1 section 716 is amended by striking ‘‘Police badges’’ and 

2 inserting ‘‘Public employee insignia and clothing’’. 

3 (c) DIRECTION TO SENTENCING COMMISSION.—The 

4 United States Sentencing Commission is directed to make 

5 appropriate amendments to sentencing guidelines, policy 

6 statements, and official commentary to assure that the 

7 sentence imposed on a defendant who is convicted of a 

8 Federal offense while wearing or displaying insignia and 

9 clothing received in violation of section 716 of title 18, 

10 United States Code, reflects the gravity of this aggra11 vating factor. 

12 SEC. 114. DNA DATABASE FOR VIOLENT PREDATORS 

13 AGAINST MINOR GIRLS AND WOMEN. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) Only 22 State sex offender registries collect 

16 and maintain DNA samples as a part of registra17 tion. 

18 (2) The single age with the greatest proportion 

19 of sexual assault victims reported to law enforcement 

20 was age 14. 

21 (3) There were more victims of sexual assault 

22 between 3 and 17 than in any individual age group 

23 over age 17, and more victims age 2 than in any age 

24 group over 40. 
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1 (4) Over a four-to-five year period, 13.4 percent 

2 of sex offenders recidivated with another sexual of3 fense. 

4 (5) More attention should be given to seeking 

5 solutions to violence against young girls and women. 

6 (b) DNA DATABASE FOR VIOLENT PREDATORS

7 AGAINST MINOR GIRLS AND WOMEN.— 

8 (1) IN GENERAL.—The Attorney General shall 

9 establish and maintain, separate from any other 

10 DNA database, a database solely for the purpose of 

11 collecting the DNA information with respect to vio12 lent predators against minor girls and women. 

13 Under regulations issued by the Attorney General, 

14 Federal, State, and local agencies and other entities 

15 may submit DNA information to the Attorney Gen16 eral for inclusion in the database and may compare 

17 DNA information against other DNA information in 

18 the database. 

19 (2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated $500,000 to 

21 establish the database required by paragraph (1). 

22 (c) INCENTIVE GRANTS.— 

23 (1) PROGRAM AUTHORIZED.—From amounts 

24 made available to carry out this section, the Attor25 ney General shall make grants to each State that 
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•HR 3171 IH 

1 has in effect one or more programs that decrease the 

2 rate of recidivism among violent predators against 

3 minor girls and women, for use by the State to im4 plement improvements to such programs. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 this subsection such sums as may be necessary. 

8 (d) CONSEQUENCES FOR VIOLENT PREDATORS

9 AGAINST MINOR FEMALES AND WOMEN.—Notwith10 standing any other provision of law, if a person who is 

11 a violent predator against minor females and women com12 mits a crime that would, in and of itself, establish that 

13 person as a violent predator against minor females and 

14 women, the sentence imposed on that person for that 

15 crime shall, without regard to any mitigating circumstance 

16 that would otherwise apply at sentencing, be the maximum 

17 authorized by law. 

18 (e) DEFINITION.—As used in this section, the term 

19 ‘‘violent predator against minor females and women’’ 

20 means a person who commits a crime of violence (includ21 ing a sex crime) against either a female individual who 

22 has not attained the age of 18 years or a female who is 

23 age 18 or older. 
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1 TITLE II—IMPROVING SERVICES 

2 FOR VICTIMS OF DOMESTIC 

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT, 

5 AND STALKING 

6 SEC. 201. VIOLENCE AGAINST WOMEN PROGRAMS. 

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

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

9 U.S.C. 3796gg et seq.) is amended— 

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

11 following: 

12 ‘‘(d) FUNDING.— 

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

14 grants under this part may only be used for the spe15 cific programs and activities expressly described in 

16 this part.’’; 

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

18 3796gg–0b) as subsection (e) of section 2003; 

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

20 3796gg–0c) as subsection (f) of section 2003; 

21 (4) by redesignating sections 2002 and 2003 as 

22 sections 2003 and 2004, respectively; 

23 (5) by redesignating section 2006 (as added by 

24 section 402(3) of the Violence Against Women Of25 fice Act) as section 2005; 
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•HR 3171 IH 

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

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

3 shall remain available until expended.’’; and 

4 (7) by redesignating section 2007 as section 

5 2002. 

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

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

8 3796gg–2), as redesignated by subsection (a)(7), is 

9 amended— 

10 (1) by redesignating paragraph (8) as para11 graph (17); 

12 (2) by redesignating paragraph (7) as para13 graph (14); 

14 (3) by redesignating paragraph (6) as para15 graph (11); 

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

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

18 (5) by redesignating paragraph (1) as para19 graph (2); 

20 (6) by redesignating paragraph (9) as para21 graph (1); 

22 (7) by redesignating paragraph (5) as para23 graph (9); and 

24 (8) by inserting after paragraph (2), as redesig25 nated, the following: 
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•HR 3171 IH 

1 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. 

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

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

4 amended by inserting after section 2006 the following: 

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

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

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

8 providing intervention, advocacy, accompaniment, 

9 support services, and related assistance for— 

10 ‘‘(A) adult and minor victims of sexual as11 sault; 

12 ‘‘(B) family and household members of 

13 such victims; and 

14 ‘‘(C) those collaterally affected by the vic15 timization except for the perpetrator of such 

16 victimization; and 

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

18 training relating to sexual assault to— 

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

20 local governments, law enforcement agencies, 

21 and courts; 

22 ‘‘(B) professionals working in legal, social 

23 service, and health care settings; 

24 ‘‘(C) nonprofit organizations; 

25 ‘‘(D) faith-based organizations; and 
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•HR 3171 IH 

1 ‘‘(E) other individuals and organizations 

2 seeking such assistance. 

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

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

5 General shall award grants to States and territories 

6 to support the establishment, maintenance, and ex7 pansion of rape crisis centers and other programs 

8 and projects to assist those victimized by sexual as9 sault. 

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

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

12 than 5 percent of the grant funds received by 

13 a State or territory governmental agency under 

14 this subsection for any fiscal year may be used 

15 for administrative costs. 

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

17 by a State or territory under this subsection 

18 that are not used for administrative costs shall 

19 be used to provide grants to rape crisis centers 

20 and other nonprofit, nongovernmental organiza21 tions for programs and activities within such 

22 State or territory that provide direct interven23 tion and related assistance. 
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1 ‘‘(C) INTERVENTION AND RELATED AS2 SISTANCE.—Intervention and related assistance 

3 under subparagraph (B) may include— 

4 ‘‘(i) 24 hour hotline services providing 

5 crisis intervention services and referral; 

6 ‘‘(ii) accompaniment and advocacy 

7 through medical, criminal justice, and so8 cial support systems, including medical fa9 cilities, police, and court proceedings; 

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

11 individual and group support services, and 

12 comprehensive service coordination, and 

13 supervision to assist sexual assault victims 

14 and family or household members; 

15 ‘‘(iv) support mechanisms that are 

16 culturally relevant to the community; 

17 ‘‘(v) information and referral to assist 

18 the sexual assault victim and family or 

19 household members; 

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

21 and culturally-specific service including 

22 outreach activities for racial and ethnic 

23 and other underserved communities and 

24 linkages to existing services in these com25 munities; and 
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1 ‘‘(vii) the development and distribu2 tion of educational materials on issues re3 lated to sexual assault and the services de4 scribed in clauses (i) through (vii). 

5 ‘‘(3) APPLICATION.— 

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

7 desiring a grant under this subsection shall 

8 submit an application to the Attorney General 

9 at such time and in such manner as the Attor10 ney General may reasonably require. 

11 ‘‘(B) CONTENTS.—Each application sub12 mitted under subparagraph (A) shall— 

13 ‘‘(i) set forth procedures designed to 

14 assure meaningful involvement of the State 

15 or territorial sexual assault coalition and 

16 representatives from racial and ethnic and 

17 other underserved communities in the de18 velopment of the application and the imple19 mentation of the plans; 

20 ‘‘(ii) set forth procedures designed to 

21 ensure an equitable distribution of grants 

22 and grant funds within the State or terri23 tory and between urban and rural areas 

24 within such State or territory; 
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•HR 3171 IH 

1 ‘‘(iii) identify the State or territorial 

2 agency that is responsible for the adminis3 tration of programs and activities; and 

4 ‘‘(iv) meet other such requirements as 

5 the Attorney General reasonably deter6 mines are necessary to carry out the pur7 poses and provisions of this section. 

8 ‘‘(4) REPORTING.—Each State and territory re9 ceiving a grant under this subsection shall submit an 

10 annual report to the Attorney General that describes 

11 the activities carried out with such grant funds. 

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

13 General shall allocate to each State not less than 

14 0.50 percent of the total amount so appropriated in 

15 a fiscal year for grants under this section, except 

16 that the United States Virgin Islands, American 

17 Samoa, Guam, the District of Columbia, Puerto 

18 Rico, and the Commonwealth of the Northern Mar19 iana Islands shall each be allocated 0.125 percent of 

20 the total appropriations. 

21 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

22 ADDRESSING SEXUAL ASSAULT.— 

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

24 General shall award grants to eligible entities to 

25 support the establishment, maintenance, and expan-
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1 sion of culturally specific intervention and related 

2 assistance for victims of sexual assault. 

3 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re4 ceive a grant under this section, an entity shall— 

5 ‘‘(A) be a private nonprofit organization 

6 that focuses primarily on racial and ethnic com7 munities; 

8 ‘‘(B) must have documented organizational 

9 experience in the area of sexual assault inter10 vention or have entered into a partnership with 

11 an organization having such expertise; 

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

13 community-based, linguistically and culturally 

14 specific outreach and intervention services rel15 evant for the specific racial and ethnic commu16 nities to whom assistance would be provided or 

17 have the capacity to link to existing services in 

18 the community tailored to the needs of racial 

19 and ethnic populations; and 

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

21 committee and staffing which is reflective of the 

22 targeted racial and ethnic community. 

23 ‘‘(3) USE OF FUNDS.—Funds appropriated 

24 under this section may be used for the purposes de25 scribed in this section. 
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1 ‘‘(4) AWARD BASIS.—The Attorney General 

2 shall award grants under this section on a competi3 tive basis. 

4 ‘‘(5) DISTRIBUTION.— 

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

6 more than the 2.5 percent of funds appro7 priated under this subsection in any year for 

8 administration, monitoring, and evaluation of 

9 grants made available under this subsection. 

10 ‘‘(B) Up to 5 percent of funds appro11 priated under this section in any year shall be 

12 available for technical assistance by a national 

13 organization or organizations whose primary 

14 focus and expertise is in addressing sexual as15 sault within racial and ethnic communities. 

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

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

18 3 fiscal years. 

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

20 grant under this subsection shall submit a report to 

21 the Attorney General that describes the activities out 

22 with such grant funds. 

23 ‘‘(d) GRANTS TO STATE, TERRITORIAL, AND TRIBAL

24 SEXUAL ASSAULT COALITIONS.— 

25 ‘‘(1) GRANTS AUTHORIZED.— 
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1 ‘‘(A) IN GENERAL.—The Attorney General 

2 shall award grants to State, territorial, and 

3 tribal sexual assault coalitions to assist in sup4 porting the establishment, maintenance, and ex5 pansion of such coalitions. 

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

7 10 percent of the total amount appropriated to 

8 carry out this section shall be used for grants 

9 under subparagraph (A). 

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

11 State, territorial, and tribal sexual assault coali12 tions as determined by the National Center for 

13 Injury Prevention and Control in collaboration 

14 with the office or Violence Against Women at 

15 the Department of Justice. 

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

17 under this subsection may be used to— 

18 ‘‘(A) work with local sexual assault pro19 grams and other providers of direct services to 

20 encourage appropriate responses to sexual as21 sault within the State, territory, or tribe; 

22 ‘‘(B) work with judicial and law enforce23 ment agencies to encourage appropriate re24 sponses to sexual assault cases; 
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•HR 3171 IH 

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

2 services agencies, and children’s advocates to 

3 develop appropriate responses to child custody 

4 and visitation issues when sexual assault has 

5 been determined to be a factor; 

6 ‘‘(D) design and conduct public education 

7 campaigns; 

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

9 grants and grant funds to their State, territory, 

10 or tribe; or 

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

12 State, or local public officials and agencies to 

13 develop and implement policies to reduce or 

14 eliminate sexual assault. 

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

16 amounts appropriated for grants under this sub17 section for each fiscal year— 

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

19 shall be available for grants to tribal sexual as20 sault coalitions; 

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

22 for grants to State and territorial coalitions, 

23 and the Attorney General shall allocate an 

amount equal to 1 24 ⁄56 of the amounts so appro-
66 

•HR 3171 IH 

1 priated to the Territories as defined in section 

2 4002(a)(20) of this Act. 

3 ‘‘(4) APPLICATION.—Each eligible entity desir4 ing a grant under this subsection shall submit an 

5 application to the Attorney General at such time, in 

6 such manner, and containing by such information as 

7 the Attorney General determines to be essential to 

8 carry out the purposes of this section. 

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

10 sexual assault coalition receiving a grant under this 

11 subsection shall submit a report to the Attorney 

12 General that describes activities carried out with 

13 such grant funds. 

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

15 be prohibited from submitting an application under 

16 this subsection during any fiscal year for which 

17 funds are available under this subsection because 

18 such entity has not previously applied or received 

19 funding under this subsection. 

20 ‘‘(e) GRANTS TO TRIBES.— 

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

22 General may award grants to Indian tribes, tribal 

23 organizations, and nonprofit tribal organizations ap24 proved by an Indian tribe for the operation of a sex25 ual assault programs or projects in Indian country 
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•HR 3171 IH 

1 and Alaskan native villages to support the establish2 ment, maintenance, and expansion of programs and 

3 projects to assist those victimized by sexual assault. 

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

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

6 than 5 percent of the grant funds received by 

7 an Indian tribe, tribal organization, and non8 profit tribal organization under this subsection 

9 for any fiscal year may be used for administra10 tive costs. 

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

12 under this subsection that are not used for ad13 ministrative costs shall be used to provide 

14 grants to tribal organizations and nonprofit 

15 tribal organizations for programs and activities 

16 within Indian country and Alaskan native vil17 lages that provide direct intervention and re18 lated assistance. 

19 ‘‘(C) INTERVENTION AND RELATED AS20 SISTANCE.—Intervention and related assistance 

21 under subparagraph (B) may include— 

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

23 crisis intervention services and referral; 

24 ‘‘(ii) accompaniment and advocacy 

25 through medical, criminal justice, and so-
68 

•HR 3171 IH 

1 cial support systems, including medical fa2 cilities, police, and court proceedings; 

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

4 individual and group support services, and 

5 case management and supervision to assist 

6 sexual assault victims and family or house7 hold members; 

8 ‘‘(iv) information and referral to as9 sist the sexual assault victim and family or 

10 household members; 

11 ‘‘(v) support mechanisms that are cul12 turally relevant to the community; 

13 ‘‘(vi) collaborating with and informing 

14 public officials and agencies in order to de15 velop and implement policies to reduce or 

16 eliminate sexual assault; and 

17 ‘‘(vii) the development and distribu18 tion of educational materials on issues re19 lated to sexual assault and the services de20 scribed in clauses (i) through (vi). 

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

22 under this subsection shall submit an annual report 

23 to the Attorney General that describes the activities 

24 carried out with such grant funds. 

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

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

3 years 2006 through 2010 to carry out the provisions 

4 of this section. Any amounts so appropriated shall 

5 remain available until expended. 

6 ‘‘(2) ALLOCATIONS.—Of the total amounts ap7 propriated for each fiscal year to carry out this sec8 tion— 

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

10 used by the Attorney General for evaluation, 

11 monitoring, and other administrative costs 

12 under this section; 

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

14 used for the provision of technical assistance to 

15 grantees and subgrantees under this section; 

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

17 for grants to States and territories under sub18 section (b); 

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

20 for making grants to State, territorial, and trib21 al sexual assault coalitions under subsection (c); 

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

23 for grants to tribes under subsection (d); and 
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•HR 3171 IH 

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

2 for grants for culturally specific programs ad3 dressing sexual assault under subsection (c).’’. 

4 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO5 LENCE AND CHILD ABUSE ENFORCEMENT AS6 SISTANCE PROGRAM. 

7 Section 40295 of the Safe Homes for Women Act of 

8 1994 (42 U.S.C. 13971) is amended to read as follows: 

9 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO10 LENCE, SEXUAL ASSAULT, STALKING, AND 

11 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

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

13 ‘‘(1) to identify, assess, and appropriately re14 spond to adult and minor domestic violence, sexual 

15 assault, dating violence, and stalking in rural com16 munities, by encouraging collaboration between— 

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

18 sexual assault, and stalking victim service pro19 viders; 

20 ‘‘(B) law enforcement agencies; 

21 ‘‘(C) prosecutors; 

22 ‘‘(D) courts; 

23 ‘‘(E) other criminal justice service pro24 viders; 
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1 ‘‘(F) human and community service pro2 viders; 

3 ‘‘(G) educational institutions; and 

4 ‘‘(H) health care providers; 

5 ‘‘(2) to establish and expand nonprofit, non6 governmental, State, tribal, and local government 

7 services in rural communities to adult and minor vic8 tims; and 

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

10 women and children in rural communities, by— 

11 ‘‘(A) dealing directly and immediately with 

12 domestic violence, sexual assault, dating vio13 lence, and stalking occurring in rural commu14 nities; and 

15 ‘‘(B) creating and implementing strategies 

16 to increase awareness and prevent domestic vio17 lence, sexual assault, dating violence, and stalk18 ing. 

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

20 acting through the Director of the Office on Violence 

21 Against Women (referred to in this section as the ‘Direc22 tor’), may award 3-year grants, with a possible extension 

23 for an additional 3 years, to States, Indian tribes, local 

24 governments, and nonprofit, public or private entities, in25 cluding tribal nonprofit organizations, to carry out pro-
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•HR 3171 IH 

1 grams serving rural areas or rural communities that ad2 dress domestic violence, dating violence, sexual assault, 

3 and stalking by— 

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

5 cooperative efforts and projects between law enforce6 ment officers, prosecutors, victim advocacy groups, 

7 and other related parties to investigate and pros8 ecute incidents of domestic violence, dating violence, 

9 sexual assault, and stalking; 

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

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

12 victims of domestic violence, dating violence, sexual 

13 assault, and stalking in rural communities; and 

14 ‘‘(3) working in cooperation with the commu15 nity to develop education and prevention strategies 

16 directed toward such issues. 

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

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

19 activities expressly described in subsection (a). 

20 ‘‘(d) ALLOTMENTS AND PRIORITIES.— 

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

22 less than 10 percent of the total amount made avail23 able for each fiscal year to carry out this section 

24 shall be allocated for grants to Indian tribes or trib25 al organizations. 
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1 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV2 ICES.—Not less than 40 percent of the total amount 

3 made available for each fiscal year to carry out this 

4 section shall be allocated for grants that meaning5 fully address sexual assault in rural communities. 

6 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSIST7 ANCE.—Of the amounts appropriated for each fiscal 

8 year to carry out this section, not more than 8 per9 cent may be used by the Director for technical as10 sistance costs. 

11 ‘‘(4) UNDERSERVED POPULATIONS.—In award12 ing grants under this section, the Director shall give 

13 priority to the needs of racial and ethnic and other 

14 underserved populations (as described in section 

15 40002). 

16 ‘‘(5) ALLOCATION OF FUNDS FOR RURAL

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

18 amount made available for each fiscal year to carry 

19 out this section shall be allocated for grants to rural 

20 States. 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

24 years 2006 through 2010 to carry out this section. 
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1 ‘‘(2) ADDITIONAL FUNDING.—In addition to 

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

3 a law enforcement agency may use funds received 

4 through a grant under part Q of title I of the Omni5 bus Crime Control and Safe Streets Act of 1968 (42 

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

7 of this section.’’. 

8 SEC. 204. ASSISTANCE FOR VICTIMS OF ABUSE. 

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

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

11 amended by adding at the end the following: 

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

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

14 may award grants to appropriate entities— 

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

16 violence and sexual assault who are 50 years of age 

17 or older; 

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

19 buildings in which services are or will be rendered 

20 for victims of domestic violence and sexual assault 

21 who are 50 years of age or older; 

22 ‘‘(3) to provide training, consultation, and in23 formation on domestic violence, dating violence, 

24 stalking, and sexual assault against women and girls 

25 who are individuals with disabilities (as defined in 
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1 section 3 of the Americans with Disabilities Act of 

2 1990 (42 U.S.C. 12102)), and to enhance direct 

3 services to such individuals; 

4 ‘‘(4) for training programs to assist law en5 forcement officers, prosecutors, governmental agen6 cies, victim assistants, and relevant officers of Fed7 eral, State, tribal, territorial, and local courts in rec8 ognizing, addressing, investigating, and prosecuting 

9 instances of adult or minor domestic violence, dating 

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

11 violence against individuals with disabilities, includ12 ing domestic violence and sexual assault, against 

13 older or disabled individuals; and 

14 ‘‘(5) for multidisciplinary collaborative commu15 nity responses to victims. 

16 ‘‘(b) USE OF FUNDS.—Grant funds under this sec17 tion may be used— 

18 ‘‘(1) to implement or expand programs or serv19 ices to respond to the needs of persons 50 years of 

20 age or older who are victims of domestic violence, 

21 dating violence, sexual assault, stalking, or elder 

22 abuse; 

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

24 assistance, advocacy, intervention, risk reduction and 

25 prevention of domestic violence, dating violence, 
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1 stalking, and sexual assault against disabled women 

2 and girls; 

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

4 that disabled women and girls who are victims of do5 mestic violence, dating violence, stalking, or sexual 

6 assault receive appropriate assistance; 

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

8 organizations, governmental agencies, and nonprofit, 

9 nongovernmental organizations serving individuals 

10 with disabilities; about risk reduction, intervention, 

11 prevention and the nature of dynamic of domestic vi12 olence, dating violence, stalking, and sexual assault 

13 for disabled women and girls; 

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

15 with modifications to existing policies, protocols, and 

16 procedures to ensure equal access to the services, 

17 programs, and activities of victim service organiza18 tions for disabled women and girls; 

19 ‘‘(6) to provide training and technical assist20 ance on the requirements of shelters and victim serv21 ices organizations under Federal antidiscrimination 

22 laws, including— 

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

24 1990; and 
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1 ‘‘(B) section 504 of the Rehabilitation Act 

2 of 1973; 

3 ‘‘(7) to rehabilitate facilities, purchase equip4 ment, and provide personnel so that shelters and vic5 tim service organizations can accommodate the 

6 needs of disabled women and girls; 

7 ‘‘(8) to provide advocacy and intervention serv8 ices for disabled women and girls who are victims of 

9 domestic violence, dating violence, stalking, or sexual 

10 assault through collaborative partnerships between— 

11 ‘‘(A) nonprofit, nongovernmental agencies; 

12 ‘‘(B) governmental agencies serving indi13 viduals with disabilities; and 

14 ‘‘(C) victim service organizations; or 

15 ‘‘(9) to develop model programs providing advo16 cacy and intervention services within organizations 

17 serving disabled women and girls who are victims of 

18 domestic violence, dating violence, sexual assault, or 

19 stalking. 

20 ‘‘(c) ELIGIBLE ENTITIES.— 

21 ‘‘(1) IN GENERAL.—An entity shall be eligible 

22 to receive a grant under this section if the entity 

23 is— 

24 ‘‘(A) a State; 

25 ‘‘(B) a unit of local government; 
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1 ‘‘(C) a nonprofit, nongovernmental organi2 zation such as a victim services organization, an 

3 organization serving individuals with disabilities 

4 or a community-based organization; and 

5 ‘‘(D) a religious organization. 

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

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

8 awarded to an eligible agency (as defined in section 

9 410 of the Rehabilitation Act of 1973 (29 USC 

10 796f–5). 

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

12 grant under this section shall submit an application to the 

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

14 such information as the Secretary may require. 

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

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

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

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

19 Attorney General shall submit to Congress a report evalu20 ating the effectiveness of programs administered and oper21 ated pursuant to this section. 

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

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

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

25 section.’’. 
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1 SEC. 205. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE 

2 HOTLINE. 

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

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

5 General shall conduct a study of the National Domestic 

6 Violence Hotline to determine the effectiveness of the Hot7 line in assisting victims of domestic violence. 

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

9 study under subsection (a), the Comptroller General 

10 shall— 

11 (1) compile statistical and substantive informa12 tion about calls received by the Hotline since its in13 ception, or a representative sample of such calls, 

14 while maintaining the confidentiality of Hotline call15 ers; 

16 (2) interpret the data compiled under para17 graph (1)— 

18 (A) to determine the trends, gaps in serv19 ices, and geographical areas of need; and 

20 (B) to assess the trends and gaps in serv21 ices to underserved communities and the mili22 tary community; and 

23 (3) gather other important information about 

24 domestic violence. 
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1 (c) REPORT.—Not later than 3 years after the date 

2 of enactment of this Act, the Comptroller General shall 

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

4 SEC. 206. DOMESTIC VIOLENCE PREVENTION, EDUCATION, 

5 AND AWARENESS. 

6 (a) SHORT TITLE.—This section may be cited as the 

7 ‘‘Domestic Violence Prevention, Education, and Aware8 ness Act’’. 

9 (b) FINDINGS.—The Congress finds the following: 

10 (1) Nearly one-third of American women report 

11 being physically or sexually abused by a husband or 

12 boyfriend at some point in their lives. 

13 (2) Family violence costs the nation between 

14 $5,000,000,000 and $10,000,000,000 each year in 

15 medical expenses, police and court costs, shelters 

16 and foster care, sick leave, absenteeism, and non17 productivity. 

18 (3) The United States is becoming increasingly 

19 multicultural, and racial and ethnic minorities are 

20 expected to constitute approximately 50 percent of 

21 the United States population by 2050. 

22 (4) Two-thirds of female immigrants to the 

23 United States originate from Asia, Latin America, 

24 the Caribbean, and the Middle East, and they mi-
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1 grate here to seek economic security, reunify their 

2 families, or escape prosecution. 

3 (5) Racial and ethnic minority women and im4 migrant women face unique challenges to reporting 

5 and getting help for domestic violence. 

6 (6) Structural inequalities experienced by racial 

7 and ethnic minority communities and immigrant 

8 communities, including poverty and discrimination, 

9 may contribute to higher rates of violence. 

10 (7) Problems of domestic violence are exacer11 bated for immigrants when spouses control the im12 migration status of their family members, and abus13 ers use threats of refusal to file immigration papers 

14 and threats to deport spouses and children as power15 ful tools to prevent battered immigrant women from 

16 seeking help, trapping battered immigrant women in 

17 violent homes because of fear of deportation. 

18 (8) Many racial and ethnic minority women and 

19 immigrant women face cultural barriers to reporting 

20 abuse or seeking help for domestic violence, includ21 ing but not limited to strong religious beliefs that 

22 stress the importance of keeping family intact, fear 

23 of dishonor, or a belief that negative events occur re24 gardless of attempts to prevent them. 
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1 (9) Many racial and ethnic minority women and 

2 immigrant women also face institutional barriers to 

3 reporting abuse or seeking help for domestic vio4 lence, including but not limited to restrictions on 

5 public assistance, limited access to immigration re6 lief, lack of translators or bilingual professionals, lit7 tle educational material in the woman’s native lan8 guage, treatment programs that do not take into ac9 count ethnic and cultural differences, prohibitive fee 

10 structures, and inflexible or inconvenient hours of 

11 operation. 

12 (c) GRANTS FOR PUBLIC INFORMATION CAMPAIGNS

13 TO EDUCATE RACIAL AND ETHNIC MINORITY COMMU14 NITIES AND IMMIGRANT COMMUNITIES ABOUT DOMESTIC

15 VIOLENCE.— 

16 (1) IN GENERAL.—From amounts made avail17 able to carry out this subsection, the Attorney Gen18 eral, acting through the Violence Against Women 

19 Office, shall make grants to public or private non20 profit entities, States, and Indian tribes and tribal 

21 organizations to carry out public information cam22 paigns for the purpose of educating racial and ethnic 

23 minority communities and immigrant communities 

24 about domestic violence, including the effects of do25 mestic violence, methods of preventing or reducing 
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1 domestic violence, and services available to victims of 

2 domestic violence. 

3 (2) USE OF GRANT AMOUNTS.—Grant amounts 

4 under this subsection may be used only to carry out 

5 public information campaigns for the purpose speci6 fied in paragraph (1) and to provide staffing appro7 priate to carrying out the campaigns. 

8 (3) ELEMENTS OF CAMPAIGNS.—Each public 

9 information campaign carried out under this sub10 section shall consist of one or more of the following 

11 elements: 

12 (A) Public service announcements. 

13 (B) Paid educational messages for print 

14 media. 

15 (C) Public transit advertising. 

16 (D) Electronic broadcast media. 

17 (E) Any other mode of conveying informa18 tion that the Attorney General determines to be 

19 appropriate. 

20 (4) REQUIREMENTS FOR GRANT.—The Attor21 ney General may award a grant under this sub22 section to an applicant only if the Attorney General 

23 determines that— 
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1 (A) the campaign will be carried out in 

2 consultation with local domestic violence advo3 cates or State domestic violence coalitions; 

4 (B) the campaign is designed to be con5 ducted in a culturally sensitive manner using 

6 one or more culturally appropriate languages; 

7 (C) the applicant has an adequate plan to 

8 test-market the campaign with a relevant com9 munity or group in the relevant geographic 

10 area, and will carry out that plan; and 

11 (D) the applicant will use effectiveness cri12 teria in carrying out the campaign and an eval13 uation component to measure the effectiveness 

14 of the campaign. 

15 (5) AWARD CRITERIA.—In awarding grants 

16 under this subsection, the Attorney General shall 

17 consider the following criteria: 

18 (A) Whether the applicant has, or will be 

19 partnering with an entity that has, a record of 

20 high quality campaigns of a comparable type. 

21 (B) Whether the applicant has, or will be 

22 partnering with an entity that has, a record of 

23 high quality campaigns that educate the com24 munities and groups at greatest risk of domes25 tic violence. 
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1 (6) APPLICATION.— 

2 (A) IN GENERAL.—To be eligible to receive 

3 a grant under this subsection, a State or entity 

4 must submit to the Attorney General an appli5 cation that meets the requirements of subpara6 graph (B). 

7 (B) REQUIREMENTS.—An application sub8 mitted under this paragraph shall be in such 

9 form, and submitted in such manner, as the At10 torney General may prescribe, and shall include 

11 the following matters: 

12 (i) A complete description of appli13 cant’s plan for the proposed public infor14 mation campaign. 

15 (ii) An identification of the specific 

16 communities and groups to be educated by 

17 the campaign, and a description of how the 

18 campaign will educate the communities 

19 and groups at greatest risk of domestic vi20 olence. 

21 (iii) The plans of the applicant with 

22 respect to working with organizations that 

23 have expertise in developing culturally ap24 propriate informational messages. 
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1 (iv) A description of the geographic 

2 distribution of the campaign. 

3 (v) An identification of the media or4 ganizations and other groups through 

5 which the campaign will be carried out and 

6 any memorandum of understanding or 

7 other agreement under which the campaign 

8 will be carried out. 

9 (vi) A description of the nature, 

10 amount, distribution, and timing of infor11 mational messages to be used in the cam12 paign. 

13 (vii) Such information and assurances 

14 as the Attorney General may require to de15 termine whether the requirements specified 

16 in paragraph (4) will be satisfied, and 

17 whether the criteria specified in paragraph 

18 (5) apply. 

19 (viii) Such other information and as20 surances as the Attorney General may re21 quire. 

22 (7) DEFINITION.—For purposes of this sub23 section, the term ‘‘State’’ includes the District of 

24 Columbia, the Commonwealth of Puerto Rico, the 
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1 Virgin Islands, American Samoa, Guam, and any 

2 other territory or possession of the United States. 

3 (8) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as may be necessary to carry out this section. 

6 TITLE III—SERVICES, PROTEC7 TION, AND JUSTICE FOR 

8 YOUNG VICTIMS OF VIO9 LENCE 

10 SEC. 301. RAPE PREVENTION AND EDUCATION. 

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

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

13 read as follows: 

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

17 for each of fiscal years 2006 through 2010. 

18 ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE

19 CENTER ALLOTMENT.—Of the total amount made 

20 available under this subsection in each fiscal year, 

21 not less than $1,500,000 shall be available for allot22 ment under subsection (b).’’. 
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1 SEC. 302. SERVICES, EDUCATION, PROTECTION AND JUS2 TICE FOR YOUNG VICTIMS OF VIOLENCE. 

3 The Violence Against Women Act of 1994 (Public 

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

5 at the end the following: 

6 ‘‘Subtitle M—Services, Education, 

7 Protection and Justice for 

8 Young Victims of Violence 

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

10 TO TEENS. 

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

12 Department of Health and Human Services (in this sec13 tion referred to as the ‘Secretary’), acting through the 

14 Family and Youth Services Bureau, in consultation with 

15 the Department of Justice, shall award grants to eligible 

16 entities to conduct programs to serve teen and young adult 

17 victims between the ages of 12 and 24 of domestic vio18 lence, dating violence, sexual assault, and stalking. 

19 Amounts appropriated under this section may only be used 

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

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

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

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

24 primary purpose of which is to provide services to 

25 victims of domestic violence, dating violence, sexual 

26 assault, or stalking; 
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1 ‘‘(2) a religious or community-based organiza2 tion that specializes in working with youth victims of 

3 domestic violence, dating violence, sexual assault, or 

4 stalking; 

5 ‘‘(3) an Indian Tribe or tribal organization pro6 viding services primarily to tribal youth or tribal vic7 tims of domestic violence, dating violence, sexual as8 sault or stalking; or 

9 ‘‘(4) a nonprofit, nongovernmental entity pro10 viding services for runaway or homeless youth. 

11 ‘‘(c) USE OF FUNDS.— 

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

13 grant under this section shall use amounts provided 

14 under the grant to design or replicate, and imple15 ment, programs and services, using domestic vio16 lence, dating violence, sexual assault, and stalking 

17 intervention models to respond to the needs of youth 

18 who are victims of domestic violence, dating violence, 

19 sexual assault or stalking. 

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

21 ‘‘(A) shall provide direct counseling and 

22 advocacy for teens and young adults, who have 

23 experienced domestic violence, dating violence, 

24 sexual assault or stalking; 
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1 ‘‘(B) shall include linguistically, culturally, 

2 and community relevant services for racial and 

3 ethnic and other underserved populations or 

4 linkages to existing services in the community 

5 tailored to the needs of racial and ethnic and 

6 other underserved populations; 

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

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

9 behalf of minors and young adults with respect 

10 to domestic violence, dating violence, sexual as11 sault or stalking; 

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

13 agencies to develop and implement policies, 

14 rules, and procedures in order to reduce or 

15 eliminate domestic violence, dating violence, 

16 sexual assault, and stalking against youth and 

17 young adults; and 

18 ‘‘(F) may use not more than 25 percent of 

19 the grant funds to provide additional services 

20 and resources for youth, including childcare, 

21 transportation, educational support, and respite 

22 care. 

23 ‘‘(d) AWARDS BASIS.— 

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

25 than 10 percent of funds appropriated under this 
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1 section in any year shall be available for grants to 

2 Indian Tribes or tribal organizations. 

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

4 not use more than 2.5 percent of funds appropriated 

5 under this section in any year for administration, 

6 monitoring, and evaluation of grants made available 

7 under this section. 

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

9 percent of funds appropriated under this section in 

10 any year shall be available to provide technical as11 sistance for programs funded under this section. 

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

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

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

15 this section shall submit to the Secretary every 18 months 

16 a report of how grant funds have been used. 

17 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

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

19 $15,000,000 for each of fiscal years 2006 through 2010. 

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

21 ON THE INTERSECTION BETWEEN DOMESTIC 

22 VIOLENCE AND CHILD MALTREATMENT. 

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

24 support efforts by child welfare agencies, domestic violence 

25 or dating violence victim services providers, courts, law en-
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1 forcement, and other related professionals and community 

2 organizations to develop collaborative responses and serv3 ices and provide cross-training to enhance community re4 sponses to families where there is both child maltreatment 

5 and domestic violence. 

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

7 through the Violence Against Women Office, shall award 

8 grants on a competitive basis to eligible entities for the 

9 purposes and in the manner described in this section. 

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

11 are authorized to be appropriated to carry out this section 

12 $10,000,000 for each of fiscal years 2006 through 2010. 

13 Funds appropriated under this section shall remain avail14 able until expended. Of the amounts appropriated to carry 

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

16 shall— 

17 ‘‘(1) use not more than 3 percent for evalua18 tion, monitoring, site visits, grantee conferences, and 

19 other administrative costs associated with con20 ducting activities under this section; 

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

22 grants to programs addressing child maltreatment 

23 and domestic violence or dating violence that are op24 erated by, or in partnership with, a tribal organiza25 tion; and 
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1 ‘‘(3) set aside up to 8 percent for technical as2 sistance and training to be provided by organizations 

3 having demonstrated expertise in developing collabo4 rative community and system responses to families 

5 in which there is both child maltreatment and do6 mestic violence or dating violence, whether or not 

7 they are receiving funds under this section. 

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

9 grants under this section, the Attorney General shall con10 sider the needs of racial and ethnic and other underserved 

11 populations (as described in section 40002). 

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

13 award grants under this section for periods of not more 

14 than 3 fiscal years. 

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

16 under this section shall use amounts provided to develop 

17 collaborative responses and services and provide cross18 training to enhance community responses to families 

19 where there is both child maltreatment and domestic vio20 lence or dating violence. Amounts distributed under this 

21 section may only be used for programs and activities de22 scribed in subsection (g). 

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

24 and activities developed under this section shall— 
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1 ‘‘(1) encourage cross training, education, serv2 ice development, and collaboration among child wel3 fare agencies, domestic violence victim service pro4 viders, and courts, law enforcement agencies, com5 munity-based programs, and other entities, in order 

6 to ensure that such entities have the capacity to and 

7 will identify, assess, and respond appropriately to— 

8 ‘‘(A) domestic violence or dating violence 

9 in homes where children are present and may 

10 be exposed to the violence; 

11 ‘‘(B) domestic violence or dating violence 

12 in child protection cases; and 

13 ‘‘(C) the needs of both the child and non14 abusing parent; 

15 ‘‘(2) establish and implement policies, proce16 dures, programs, and practices for child welfare 

17 agencies, domestic violence victim service providers, 

18 courts, law enforcement agencies, and other entities, 

19 that are consistent with the principles of protecting 

20 and increasing the immediate and long-term safety 

21 and well being of children and non-abusing parents 

22 and caretakers by— 

23 ‘‘(A) increasing the safety, autonomy, ca24 pacity, and financial security of non-abusing 

25 parents or caretakers, including developing 
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1 service plans and utilizing community-based 

2 services that provide resources and support to 

3 non-abusing parents; 

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

5 well-being of children by preventing their un6 necessary removal from a non-abusing parent, 

7 or, in cases where removal of the child is nec8 essary to protect the child’s safety, taking the 

9 necessary steps to provide appropriate and com10 munity-based services to the child and the non11 abusing parent to promote the safe and appro12 priately prompt reunification of the child with 

13 the non-abusing parent; 

14 ‘‘(C) recognizing the relationship between 

15 child maltreatment and domestic violence or 

16 dating violence in a family, as well as the im17 pact of and danger posed by the perpetrators’ 

18 behavior on both child and adult victims; and 

19 ‘‘(D) holding adult and minor perpetrators 

20 of domestic violence or dating violence, not child 

21 and adult victims of abuse or neglect, account22 able for stopping the perpetrators’ abusive be23 haviors, including the development of separate 

24 service plans, court filings, or community-based 

25 interventions where appropriate; 
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1 ‘‘(3) increase cooperation and enhance linkages 

2 between child welfare agencies, domestic violence vic3 tim service providers, courts (including family, crimi4 nal, juvenile courts, or tribal courts), law enforce5 ment agencies, and other entities to provide more 

6 comprehensive community-based services (including 

7 health, mental health, social service, housing, and 

8 neighborhood resources) to protect and to serve both 

9 child and adult victims; 

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

11 to domestic violence or dating violence in child pro12 tection cases and to child maltreatment when it co13 occurs with domestic violence or dating violence; 

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

15 and protocols that contribute to overrepresentation 

16 of racial and ethnic minorities in the court and child 

17 welfare system; and 

18 ‘‘(6) provide appropriate referrals to commu19 nity-based programs and resources, such as health 

20 and mental health services, shelter and housing as21 sistance for adult and minor victims and their chil22 dren, legal assistance and advocacy for adult and 

23 minor victims, assistance for parents to help their 

24 children cope with the impact of exposure to domes25 tic violence or dating violence and child maltreat-
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1 ment, appropriate intervention and treatment for 

2 adult perpetrators of domestic violence or dating vio3 lence whose children are the subjects of child protec4 tion cases, programs providing support and assist5 ance to racial and ethnic populations, and other nec6 essary supportive services. 

7 ‘‘(h) GRANTEE REQUIREMENTS.— 

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

9 entity shall prepare and submit to the Attorney Gen10 eral an application at such time, in such manner, 

11 and containing such information as the Attorney 

12 General may require, consistent with the require13 ments described herein. The application shall— 

14 ‘‘(A) ensure that communities impacted by 

15 these systems or organizations are adequately 

16 represented in the development of the applica17 tion, the programs and activities to be under18 taken, and that they have a significant role in 

19 evaluating the success of the project; 

20 ‘‘(B) describe how the training and col21 laboration activities will enhance or ensure the 

22 safety and economic security of families where 

23 both child maltreatment and domestic violence 

24 or dating violence occurs by providing appro25 priate resources, protection, and support to the 
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1 victimized parents of such children and to the 

2 children themselves; and 

3 ‘‘(C) outline methods and means partici4 pating entities will use to ensure that all serv5 ices are provided in a developmentally, linguis6 tically and culturally competent manner and 

7 will utilize community-based supports and re8 sources. 

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

10 grant under this section, an entity shall be a collabo11 ration that— 

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

13 welfare agency or Indian Tribe; 

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

15 dating violence victim service provider; 

16 ‘‘(C) may include a court; 

17 ‘‘(D) may include a law enforcement agen18 cy, or Bureau of Indian Affairs providing tribal 

19 law enforcement; and 

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

21 or private nonprofit organizations, including 

22 community-based organizations, with the capac23 ity to provide effective help to the child and 

24 adult victims served by the collaboration. 
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1 ‘‘(3) REPORTS.—Each entity receiving a grant 

2 under this section shall report to the Attorney Gen3 eral every 18 months, detailing how the funds have 

4 been used.’’. 

5 SEC. 303. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN 

6 ON CAMPUS. 

7 Section 826 of the Higher Education Amendments of 

8 1998 (20 U.S.C. 1152) is amended— 

9 (1) in subsection (a)(2)— 

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

11 sentence and inserting ‘‘for periods of 3 

12 years.’’; and 

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

14 ‘‘The Attorney General, through the Director of 

15 the Office on Violence Against Women, shall 

16 award the grants in amounts of not more than 

17 $500,000 for individual institutions of higher 

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

19 consortia of such institutions.’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (2)— 

22 (i) by inserting ‘‘develop and imple23 ment campus policies, protocols, and serv24 ices that’’ after ‘‘boards to’’; and 
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1 (ii) by adding at the end the fol2 lowing: ‘‘Within 90 days after the date of 

3 enactment of the Violence Against Women 

4 Act of 2005, the Attorney General shall 

5 issue and make available minimum stand6 ards of training relating to violent crimes 

7 against women on campus, for all campus 

8 security personnel and personnel serving 

9 on campus disciplinary or judicial 

10 boards.’’; 

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

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

13 services programs on the campuses of the insti14 tutions involved, including programs providing 

15 legal, medical, or psychological counseling, for 

16 victims of domestic violence, dating violence, or 

17 sexual assault, and to improve delivery of victim 

18 assistance on campus. To the extent prac19 ticable, such an institution shall collaborate 

20 with any entities carrying out nonprofit and 

21 other victim services programs, including sexual 

22 assault, domestic violence, and dating violence 

23 victim services programs in the community in 

24 which the institution is located. If appropriate 

25 victim services programs are not available in 
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1 the community or are not accessible to stu2 dents, the institution shall, to the extent prac3 ticable, provide a victim services program on 

4 campus or create a victim services program in 

5 collaboration with a community-based organiza6 tion. The institution shall use not less than 20 

7 percent of the funds made available through the 

8 grant for a victim services program provided in 

9 accordance with this paragraph.’’; 

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

11 and 

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

13 and (10) as paragraphs (6), (7), and (8), re14 spectively; 

15 (3) in subsection (c)— 

16 (A) by striking paragraph (2)(B) and in17 serting the following: 

18 ‘‘(B) include proof that the institution of 

19 higher education collaborated with any non20 profit, nongovernmental entities carrying out 

21 other victim services programs, including sexual 

22 assault, domestic violence, and dating violence 

23 victim services programs in the community in 

24 which the institution is located;’’; and 
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1 (B) in paragraph (3), by adding at the end 

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

3 amount of grant funds appropriated under this 

4 section during the years 2006 through 2010 

5 may be used to provide technical assistance in 

6 complying with the mandatory reporting re7 quirements of such section 485(f).’’; 

8 (4) in subsection (d)— 

9 (A) by striking paragraph (4); 

10 (B) by redesignating paragraphs (2) and 

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

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

13 following: 

14 ‘‘(2) CONFIDENTIALITY.— 

15 ‘‘(A) NONDISCLOSURE OF CONFIDENTIAL

16 OR PRIVATE INFORMATION.—In order to ensure 

17 the safety of adult and minor victims of domes18 tic violence, dating violence, sexual assault, or 

19 stalking and their families, grantees and sub20 grantees under this section shall reasonably— 

21 ‘‘(i) protect the confidentiality and 

22 privacy of persons receiving services under 

23 the grants and subgrants; and 

24 ‘‘(ii) not disclose any personally iden25 tifying information, or individual client in-
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1 formation, collected in connection with 

2 services requested, utilized, or denied 

3 through programs provided by such grant4 ees and subgrantees under this section. 

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

6 under this section shall not reveal personally 

7 identifying information or individual client in8 formation collected as described in subpara9 graph (A) without the informed, written, and 

10 reasonably time-limited consent of the person 

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

12 minor and the parent or guardian of the minor) 

13 about whom information is sought, whether for 

14 the program carried out under this section or 

15 any other Federal, State, tribal, or territorial 

16 assistance program. 

17 ‘‘(C) COMPELLED RELEASE AND NO18 TICE.—If a grantee or subgrantee under this 

19 section is compelled by statutory or court man20 date to disclose information described in sub21 paragraph (A), the grantee or subgrantee— 

22 ‘‘(i) shall make reasonable attempts to 

23 provide notice to individuals affected by 

24 the disclosure of information; and 
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1 ‘‘(ii) shall take steps necessary to pro2 tect the privacy and safety of the indi3 vidual affected by the disclosure. 

4 ‘‘(D) PERMISSIVE SHARING.—Grantees 

5 and subgrantees under this section may share 

6 with each other, in order to comply with Fed7 eral, State, tribal, or territorial reporting, eval8 uation, or data collection requirements— 

9 ‘‘(i) aggregate data, that is not per10 sonally identifying information, regarding 

11 services provided to their clients; and 

12 ‘‘(ii) demographic information that is 

13 not personally identifying information. 

14 ‘‘(E) COURT-GENERATED AND LAW EN15 FORCEMENT-GENERATED INFORMATION.— 

16 Grantees and subgrantees under this section 

17 may share with each other— 

18 ‘‘(i) court-generated information con19 tained in secure, governmental registries 

20 for protection order enforcement purposes; 

21 and 

22 ‘‘(ii) law enforcement-generated infor23 mation. 

24 ‘‘(F) DEFINITION.—As used in this para25 graph, the term ‘personally identifying informa-
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1 tion’ means individually identifying information 

2 from or about an individual, including— 

3 ‘‘(i) first and last name; 

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

5 including street name and name of city or 

6 town; 

7 ‘‘(iii) email address or other online 

8 contact information, such as an instant9 messaging user identifier or a screen name 

10 that reveals an individual’s email address; 

11 ‘‘(iv) telephone number; 

12 ‘‘(v) social security number; 

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

14 or host name that identifies an individual; 

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

16 customer number held in a ‘cookie’ or 

17 processor serial number, that is combined 

18 with other available data that identifies an 

19 individual; or 

20 ‘‘(viii) information that, in combina21 tion with the information in any of clauses 

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

23 any individual, including— 

24 ‘‘(I) grade point average; 

25 ‘‘(II) date of birth; 
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1 ‘‘(III) academic or occupational 

2 interests; 

3 ‘‘(IV) athletic or extracurricular 

4 interests; 

5 ‘‘(V) racial or ethnic background; 

6 or 

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

8 (5) in subsection (g), by— 

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

10 ‘‘$15,000,000’’; 

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

12 and 

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

14 SEC. 304. SAFE HAVENS. 

15 Section 1301 of the Victims of Trafficking and Vio16 lence Protection Act of 2000 (42 U.S.C. 10420) is amend17 ed— 

18 (1) by striking the section heading and insert19 ing the following: 

20 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; 

21 (2) in subsection (a)— 

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

23 the Office on Violence Against Women,’’ after 

24 ‘‘Attorney General’’; 
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1 (B) by inserting ‘‘public or nonprofit non2 governmental entities, and to’’ after ‘‘may 

3 award grants to’’; 

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

5 ‘‘domestic violence,’’; 

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

7 the following: 

8 ‘‘(1) to provide’’; 

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

10 inserting a semicolon; and 

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

12 ‘‘(2) to protect children from the trauma of wit13 nessing domestic or dating violence or experiencing 

14 abduction, injury, or death during parent and child 

15 visitation exchanges; 

16 ‘‘(3) to protect parents or caretakers who are 

17 victims of domestic and dating violence from experi18 encing further violence, abuse, and threats during 

19 child visitation exchanges; and 

20 ‘‘(4) to protect children from the trauma of ex21 periencing sexual assault or other forms of physical 

22 assault or abuse during parent and child visitation 

23 and visitation exchanges.’’; and 

24 (3) by striking subsection (e) and inserting the 

25 following: 
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

3 appropriated to carry out this section, $20,000,000 

4 for each of fiscal years 2006 through 2010. Funds 

5 appropriated under this section shall remain avail6 able until expended. 

7 ‘‘(2) USE OF FUNDS.—Of the amounts appro8 priated to carry out this section for each fiscal year, 

9 the Attorney General shall— 

10 ‘‘(A) set aside not less than 5 percent for 

11 grants to Indian tribal governments or tribal 

12 organizations; 

13 ‘‘(B) use not more than 3 percent for eval14 uation, monitoring, site visits, grantee con15 ferences, and other administrative costs associ16 ated with conducting activities under this sec17 tion; and 

18 ‘‘(C) set aside not more than 8 percent for 

19 technical assistance and training to be provided 

20 by organizations having nationally recognized 

21 expertise in the design of safe and secure super22 vised visitation programs and visitation ex23 change of children in situations involving do24 mestic violence, dating violence, sexual assault, 

25 or stalking.’’. 
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1 SEC. 305. GRANTS TO COMBAT DOMESTIC VIOLENCE, DAT2 ING VIOLENCE, SEXUAL ASSAULT, AND 

3 STALKING IN MIDDLE AND HIGH SCHOOLS. 

4 (a) SHORT TITLE.—This section may be cited as the 

5 ‘‘Supporting Teens through Education and Protection Act 

6 of 2005’’ or the ‘‘STEP Act’’. 

7 (b) GRANTS AUTHORIZED.—The Attorney General, 

8 through the Director of the Office on Violence Against 

9 Women, is authorized to award grants to middle schools 

10 and high schools that work with domestic violence and sex11 ual assault experts to enable the schools— 

12 (1) to provide training to school administrators, 

13 faculty, counselors, coaches, healthcare providers, se14 curity personnel, and other staff on the needs and 

15 concerns of students who experience domestic vio16 lence, dating violence, sexual assault, or stalking, 

17 and the impact of such violence on students; 

18 (2) to develop and implement policies in middle 

19 and high schools regarding appropriate, safe re20 sponses to, and identification and referral proce21 dures for, students who are experiencing or perpe22 trating domestic violence, dating violence, sexual as23 sault, or stalking, including procedures for handling 

24 the requirements of court protective orders issued to 

25 or against students or school personnel, in a manner 
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1 that ensures the safety of the victim and holds the 

2 perpetrator accountable; 

3 (3) to provide support services for students and 

4 school personnel, such as a resource person who is 

5 either on-site or on-call, and who is an expert de6 scribed in subsections (i)(2) and (i)(3), for the pur7 pose of developing and strengthening effective pre8 vention and intervention strategies for students and 

9 school personnel experiencing domestic violence, dat10 ing violence, sexual assault or stalking; 

11 (4) to provide developmentally appropriate edu12 cational programming to students regarding domes13 tic violence, dating violence, sexual assault, and 

14 stalking, and the impact of experiencing domestic vi15 olence, dating violence, sexual assault, and stalking 

16 on children and youth by adapting existing curricula 

17 activities to the relevant student population; 

18 (5) to work with existing mentoring programs 

19 and develop strong mentoring programs for stu20 dents, including student athletes, to help them un21 derstand and recognize violence and violent behavior, 

22 how to prevent it and how to appropriately address 

23 their feelings; and 

24 (6) to conduct evaluations to assess the impact 

25 of programs and policies assisted under this section 
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1 in order to enhance the development of the pro2 grams. 

3 (c) AWARD BASIS.—The Director shall award grants 

4 and contracts under this section on a competitive basis. 

5 (d) POLICY DISSEMINATION.—The Director shall dis6 seminate to middle and high schools any existing Depart7 ment of Justice, Department of Health and Human Serv8 ices, and Department of Education policy guidance and 

9 curricula regarding the prevention of domestic violence, 

10 dating violence, sexual assault, and stalking, and the im11 pact of the violence on children and youth. 

12 (e) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

13 INFORMATION.—In order to ensure the safety of adult and 

14 minor victims of domestic violence, dating violence, sexual 

15 assault, or stalking and their families, grantees and sub16 grantees shall protect the confidentiality and privacy of 

17 persons receiving services. Grantees and subgrantees pur18 suant to this section shall not disclose any personally iden19 tifying information or individual information collected in 

20 connection with services requested, utilized, or denied 

21 through grantees’ and subgrantees’ programs. Grantees 

22 and subgrantees shall not reveal individual client informa23 tion without the informed, written, reasonably time-limited 

24 consent of the person (or in the case of unemancipated 

25 minor, the minor and the parent or guardian) about whom 
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1 information is sought, whether for this program or any 

2 other Tribal, Federal, State or Territorial grant program. 

3 If release of such information is compelled by statutory 

4 or court mandate, grantees and subgrantees shall make 

5 reasonable attempts to provide notice to victims affected 

6 by the disclosure of information. If such personally identi7 fying information is or will be revealed, grantees and sub8 grantees shall take steps necessary to protect the privacy 

9 and safety of the persons affected by the release of the 

10 information. Grantees may share non-personally identi11 fying data in the aggregate regarding services to their cli12 ents and non-personally identifying demographic informa13 tion in order to comply with Tribal, Federal, State or Ter14 ritorial reporting, evaluation, or data collection require15 ments. Grantees and subgrantees may share court-gen16 erated information contained in secure, governmental reg17 istries for protection order enforcement purposes. 

18 (f) GRANT TERM AND ALLOCATION.— 

19 (1) TERM.—The Director shall make the grants 

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

21 (2) ALLOCATION.—Not more than 15 percent 

22 of the funds available to a grantee in a given year 

23 shall be used for the purposes described in sub24 section (b)(4)(D), (b),(5), and (b)(6). 

25 (g) DISTRIBUTION.— 
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1 (1) IN GENERAL.—Not less than 5 percent of 

2 funds appropriated under section (l) in any year 

3 shall be available for grants to tribal schools, schools 

4 on tribal lands or schools whose student population 

5 is more than 25 percent native American. 

6 (2) ADMINISTRATION.—The Director shall not 

7 use more than 5 percent of funds appropriated 

8 under section (l) in any year for administration, 

9 monitoring and evaluation of grants made available 

10 under this section. 

11 (3) TECHNICAL ASSISTANCE.—Not less than 5 

12 percent of funds appropriated under section (l) in 

13 any year shall be available to provide technical as14 sistance for programs funded under this section. 

15 (h) APPLICATION.—To be eligible to be awarded a 

16 grant or contract under this section for any fiscal year, 

17 a middle or secondary school, in consultation with an ex18 pert as described in sections (i)(2) and (i)(3), shall submit 

19 an application to the Director at such time and in such 

20 manner as the Director shall prescribe. 

21 (i) ELIGIBLE ENTITIES.—To be eligible to receive a 

22 grant under this section, an entity shall be a partnership 

23 that— 

24 (1) shall include a public, charter, tribal, or na25 tionally accredited private middle or high school, a 
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1 school administered by the Department of Defense 

2 under 10 U.S.C. 2164 or 20 U.S.C. 921, a group of 

3 schools, or a school district; 

4 (2) shall include a domestic violence victim 

5 service provider that has a history of working on do6 mestic violence and the impact that domestic vio7 lence and dating violence have on children and 

8 youth; 

9 (3) shall include a sexual assault victim service 

10 provider, such as a rape crisis center, program serv11 ing tribal victims of sexual assault, or coalition or 

12 other nonprofit nongovernmental organization car13 rying out a community-based sexual assault pro14 gram, that has a history of effective work concerning 

15 sexual assault and the impact that sexual assault 

16 has on children and youth; and 

17 (4) may include a law enforcement agency, the 

18 State, Tribal, Territorial or local court, nonprofit 

19 nongovernmental organizations and service providers 

20 addressing sexual harassment, bullying or gang-re21 lated violence in schools, and any other such agen22 cies or nonprofit nongovernmental organizations 

23 with the capacity to provide effective assistance to 

24 the child, youth, and adult victims served by the 

25 partnership. 
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1 (j) PRIORITY.—In awarding grants under this sec2 tion, the Director shall give priority to entities that have 

3 submitted applications in partnership with relevant courts 

4 or law enforcement agencies. 

5 (k) REPORTING AND DISSEMINATION OF INFORMA6 TION.— 

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

8 members of the applicant partnership described in 

9 subsection (i), that receive a grant under this section 

10 shall jointly prepare and submit to the Director 

11 every 18 months a report detailing the activities that 

12 the entities have undertaken under the grant and 

13 such additional information as the Director shall re14 quire. 

15 (2) DISSEMINATION OF INFORMATION.—Within 

16 9 months of the completion of the first full grant 

17 cycle, the Director shall publicly disseminate, includ18 ing through electronic means, model policies and 

19 procedures developed and implemented in middle 

20 and high schools by the grantees, including informa21 tion on the impact the policies have had on their re22 spective schools and communities. 

23 (l) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section, $5,000,000 

3 for each of fiscal years 2006 through 2010. 

4 (2) AVAILABILITY.—Funds appropriated under 

5 paragraph (1) shall remain available until expended. 

6 TITLE IV—STRENGTHENING 

7 AMERICA’S FAMILIES BY PRE8 VENTING VIOLENCE IN THE 

9 HOME 

10 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN, MEN, 

11 AND CHILDREN. 

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

13 1902 et seq.), as amended by section ll of this Act, 

14 is amended by adding at the end the following: 

15 ‘‘Subtitle N—Strengthening Amer16 ica’s Families by Preventing Vi17 olence Against Women and Chil18 dren 

19 ‘‘SEC. 41401. PURPOSE. 

20 ‘‘The purpose of this subtitle is to— 

21 ‘‘(1) prevent crimes involving violence against 

22 women, men, children, and youth; 

23 ‘‘(2) increase the resources and services avail24 able to prevent violence against women, men, chil25 dren, and youth; 
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1 ‘‘(3) reduce the impact of exposure to violence 

2 in the lives of children and youth so that the 

3 intergenerational cycle of violence is interrupted; 

4 ‘‘(4) develop and implement education and serv5 ices programs to prevent children in vulnerable fami6 lies from becoming victims or perpetrators of domes7 tic violence, dating violence, sexual assault, or stalk8 ing; 

9 ‘‘(5) promote programs to ensure that children 

10 and youth receive the assistance they need to end 

11 the cycle of violence against women and children and 

12 develop mutually respectful, nonviolent relationships; 

13 and 

14 ‘‘(6) encourage collaboration among community15 based organizations and governmental agencies serv16 ing children and youth, providers of health and men17 tal health services and providers of domestic vio18 lence, dating violence, sexual assault, and stalking 

19 victim services to prevent violence against women 

20 and children. 

21 ‘‘SEC. 41402. GRANTS TO ASSIST CHILDREN AND YOUTH EX22 POSED TO VIOLENCE. 

23 ‘‘(a) GRANTS AUTHORIZED.— 

24 ‘‘(1) IN GENERAL.—The Attorney General, act25 ing through the Director of the Office on Violence 
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1 Against Women, and in collaboration with the Ad2 ministration for Children, Youth, and Families of 

3 the Department of Health and Human Services, is 

4 authorized to award grants on a competitive basis to 

5 eligible entities for the purpose of mitigating the ef6 fects of domestic violence, dating violence, sexual as7 sault, and stalking on children exposed to such vio8 lence, and reducing the risk of future victimization 

9 or perpetration of domestic violence, dating violence, 

10 sexual assault, and stalking. 

11 ‘‘(2) TERM.—The Director shall make grants 

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

13 ‘‘(3) AWARD BASIS.—The Director shall award 

14 grants— 

15 ‘‘(A) considering the needs of racial and 

16 ethnic and other underserved populations, as 

17 defined in section 2003 of the Omnibus Crime 

18 Control and Safe Streets Act of 1968 (42 

19 U.S.C. 3796gg–2); 

20 ‘‘(B) awarding not less than 10 percent of 

21 such amounts for the funding of tribal projects 

22 from the amounts made available under this 

23 section for a fiscal year; 

24 ‘‘(C) awarding up to 8 percent for the 

25 funding of technical assistance programs from 
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1 the amounts made available under this section 

2 for a fiscal year; and 

3 ‘‘(D) awarding not less than 66 percent to 

4 programs described in subsection (c)(1) from 

5 the amounts made available under this section 

6 for a fiscal year. 

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to carry out this section 

9 $20,000,000 for each of fiscal years 2006 through 2010. 

10 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

11 this section shall be used for— 

12 ‘‘(1) programs that provide services for children 

13 exposed to domestic violence, dating violence, sexual 

14 assault, or stalking, which may include direct coun15 seling, advocacy, or mentoring, and must include 

16 support for the nonabusing parent or the child’s 

17 caretaker; 

18 ‘‘(2) training and coordination for programs 

19 that serve children and youth (such as Head Start, 

20 child care, and after-school programs) on how to 

21 safely and confidentially identify children and fami22 lies experiencing domestic violence and properly refer 

23 them to programs that can provide direct services to 

24 the family and children, and coordination with other 

25 domestic violence or other programs serving children 
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1 exposed to domestic violence, dating violence, sexual 

2 assault, or stalking that can provide the training 

3 and direct services referenced in this subsection; or 

4 ‘‘(3) advocacy within the systems that serve 

5 children to improve the system’s understanding of 

6 and response to children who have been exposed to 

7 domestic violence and the needs of the nonabusing 

8 parent. 

9 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

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

11 ‘‘(1) a victim service provider, tribal nonprofit 

12 organization or community-based organization that 

13 has a documented history of effective work con14 cerning children or youth exposed to domestic vio15 lence, dating violence, sexual assault, or stalking, in16 cluding programs that provide culturally specific 

17 services, Head Start, child care, after school pro18 grams, and health and mental health providers; or 

19 ‘‘(2) a State, territorial, or tribal, or local unit 

20 of government agency that is partnered with an or21 ganization described in paragraph (1). 

22 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

23 an entity shall— 

24 ‘‘(1) prepare and submit to the Director an ap25 plication at such time, in such manner, and con-
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1 taining such information as the Director may re2 quire; and 

3 ‘‘(2) at a minimum, describe in the application 

4 the policies and procedures that the entity has or 

5 will adopt to— 

6 ‘‘(A) enhance or ensure the safety and se7 curity of children who have been exposed to vio8 lence and their nonabusing parent, enhance or 

9 ensure the safety and security of children and 

10 their nonabusing parent in homes already expe11 riencing domestic violence, dating violence, sex12 ual assault, or stalking; and 

13 ‘‘(B) ensure linguistically, culturally, and 

14 community relevant services for racial and eth15 nic and other underserved communities. 

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

17 this section shall prepare and submit to the Director every 

18 18 months a report detailing the activities undertaken 

19 with grant funds, providing additional information as the 

20 Director shall require. 

21 ‘‘SEC. 41403. ENGAGING MEN, WOMEN, AND YOUTH IN PRE22 VENTING DOMESTIC VIOLENCE, DATING VIO23 LENCE, SEXUAL ASSAULT, AND STALKING. 

24 ‘‘(a) GRANTS AUTHORIZED.— 
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1 ‘‘(1) IN GENERAL.—The Attorney General, act2 ing through the Director of the Office on Violence 

3 Against Women, and in collaboration with the Sec4 retary of Health and Human Services, shall award 

5 grants on a competitive basis to eligible entities for 

6 the purpose of developing or enhancing programs re7 lated to engaging men, women, and youth in pre8 venting domestic violence, dating violence, sexual as9 sault, and stalking by helping them to develop mutu10 ally respectful, nonviolent relationships. 

11 ‘‘(2) TERM.—The Director shall make grants 

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

13 ‘‘(3) AWARD BASIS.—The Director shall award 

14 grants— 

15 ‘‘(A) considering the needs of racial and 

16 ethnic and other underserved populations (as 

17 described in section 40002); 

18 ‘‘(B) with respect to gender-specific pro19 grams described under subsection (c)(1)(A), en20 suring reasonable distribution of funds to pro21 grams for boys and programs for girls; 

22 ‘‘(C) awarding not less than 10 percent of 

23 such amounts for the funding of tribal projects 

24 from the amounts made available under this 

25 section for a fiscal year; and 
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1 ‘‘(D) awarding up to 8 percent for the 

2 funding of technical assistance for grantees and 

3 non-grantees working in this area and evalua4 tion programs from the amounts made available 

5 under this section for a fiscal year. 

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to carry out this section 

8 $15,000,000 for each of fiscal years 2006 through 2010. 

9 ‘‘(c) USE OF FUNDS.— 

10 ‘‘(1) PROGRAMS.—The funds appropriated 

11 under this section shall be used by eligible entities 

12 for— 

13 ‘‘(A) public education and community 

14 based programs, including gender-specific pro15 grams in accordance with applicable laws— 

16 ‘‘(i) to encourage children and youth 

17 to pursue only mutually respectful, non18 violent relationships and empower them to 

19 reduce their risk of becoming victims or 

20 perpetrators of domestic violence, dating 

21 violence, sexual assault, or stalking; and 

22 ‘‘(ii) that include at a minimum— 

23 ‘‘(I) information on domestic vio24 lence, dating violence, sexual assault, 

25 stalking, or child sexual abuse and 
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1 how they affect children and youth; 

2 and 

3 ‘‘(II) strategies to help partici4 pants be as safe as possible; or 

5 ‘‘(B) public education campaigns and com6 munity organizing to encourage men and boys 

7 to work as allies with women and girls to pre8 vent domestic violence, dating violence, stalking, 

9 and sexual assault conducted by entities that 

10 have experience in conducting public education 

11 campaigns that address domestic violence, dat12 ing violence, sexual assault, or stalking. 

13 ‘‘(2) MEDIA LIMITS.—No more than 25 percent 

14 of funds received by a grantee under this section 

15 may be used to create and distribute media mate16 rials. 

17 ‘‘(d) ELIGIBLE ENTITIES.— 

18 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

19 subsection (c)(1)(A) are— 

20 ‘‘(A) nonprofit, nongovernmental domestic 

21 violence, dating violence, sexual assault, or 

22 stalking victim service providers or coalitions; 

23 ‘‘(B) community-based child or youth serv24 ices organizations with demonstrated experience 
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1 and expertise in addressing the needs and con2 cerns of young people; 

3 ‘‘(C) a State, territorial, tribal, or unit of 

4 local governmental entity that is partnered with 

5 an organization described in subparagraph (A) 

6 or (B); or 

7 ‘‘(D) a program that provides culturally 

8 specific services. 

9 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

10 under subsection (c)(1)(B) are— 

11 ‘‘(A) nonprofit, nongovernmental organiza12 tions or coalitions that have a documented his13 tory of creating and administering effective 

14 public education campaigns addressing the pre15 vention of domestic violence, dating violence, 

16 sexual assault or stalking; or 

17 ‘‘(B) a State, territorial, tribal, or unit of 

18 local governmental entity that is partnered with 

19 an organization described in subparagraph (A). 

20 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

21 an entity shall— 

22 ‘‘(1) prepare and submit to the Director an ap23 plication at such time, in such manner, and con24 taining such information as the Director may re25 quire; and 
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1 ‘‘(2) describe in the application the policies and 

2 procedures that the entity has or will adopt to— 

3 ‘‘(A) enhance or ensure the safety and se4 curity of children and youth already experi5 encing domestic violence, dating violence, sexual 

6 assault, or stalking in their lives; 

7 ‘‘(B) ensure linguistically, culturally, and 

8 community relevant services for racial, ethnic, 

9 and other underserved communities; 

10 ‘‘(C) inform participants about laws, serv11 ices, and resources in the community, and make 

12 referrals as appropriate; and 

13 ‘‘(D) ensure that State and local domestic 

14 violence, dating violence, sexual assault, and 

15 stalking victim service providers and coalitions 

16 are aware of the efforts of organizations receiv17 ing grants under this section. 

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

19 this section shall prepare and submit to the Director every 

20 18 months a report detailing the activities undertaken 

21 with grant funds, including an evaluation of funded pro22 grams and providing additional information as the Direc23 tor shall require. 
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1 ‘‘SEC. 41404. DEVELOPMENT OF CURRICULA FOR HOME VIS2 ITATION PROJECTS. 

3 ‘‘(a) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Office on Violence 

6 Against Women, and in collaboration with the Ad7 ministration for Children, Youth, and Families of 

8 the Department of Health and Human Services, 

9 shall award grants on a competitive basis to eligible 

10 entities for the purpose of developing or enhancing 

11 model curricula, policies, and procedures to train 

12 home visitation service providers to recognize and re13 spond to signs of domestic violence, dating violence, 

14 sexual assault, and stalking in homes receiving home 

15 visitation services. 

16 ‘‘(2) TERM.—The Director shall make grants 

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

18 ‘‘(3) AWARD BASIS.—The Director shall award 

19 grants— 

20 ‘‘(A) considering the needs of racial and 

21 ethnic and other underserved populations (as 

22 described in section 40002); 

23 ‘‘(B) awarding not less than 10 percent of 

24 such amounts for the funding of tribal projects 

25 from the amounts made available under this 

26 section for a fiscal year; and 
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1 ‘‘(C) awarding up to 8 percent for the 

2 funding of technical assistance programs from 

3 the amounts made available under this section 

4 for a fiscal year. 

5 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to carry out this section 

7 $5,000,000 for each of fiscal years 2006 through 2010. 

8 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

9 this section shall be used by eligible entities to develop 

10 or enhance model curricula, policies, and procedures to 

11 train home visitation service providers to recognize and re12 spond to signs of domestic violence, dating violence, sexual 

13 assault, or stalking in homes receiving home visitation 

14 services. 

15 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

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

17 ‘‘(1) home visitation program that— 

18 ‘‘(A) has a documented history of pro19 viding effective services to pregnant women and 

20 to young children and their parent or primary 

21 caregiver that are provided in the permanent or 

22 temporary residence or in other familiar sur23 roundings of the individual or family receiving 

24 such services; and 
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1 ‘‘(B) demonstrates a partnership with an 

2 organization described in paragraph (2); 

3 ‘‘(2) victim service provider, tribal nonprofit or4 ganization, or community-based organization that— 

5 ‘‘(A) has a documented history of effective 

6 work concerning women, men, and youth ex7 posed to domestic violence, dating violence, sex8 ual assault, or stalking; and 

9 ‘‘(B) demonstrates a partnership with an 

10 organization described in paragraph (1); or 

11 ‘‘(3) State, territorial, or tribal, or local unit of 

12 government agency that is partnered with an organi13 zation described in paragraphs (1) or (2). 

14 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

15 an entity shall— 

16 ‘‘(1) prepare and submit to the Director an ap17 plication at such time, in such manner, and con18 taining such information as the Director may re19 quire; and 

20 ‘‘(2) at a minimum, describe in the application 

21 the policies and procedures that the entity has or 

22 will adopt to— 

23 ‘‘(A) enhance or ensure the safety and se24 curity of children and nonabusing parents who 

25 have been exposed to violence, 
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1 ‘‘(B) ensure linguistically, culturally, and 

2 community relevant curricula for racial and eth3 nic and other underserved communities; 

4 ‘‘(C) ensure that the curricula developed 

5 will adequately train home visitation service 

6 providers to— 

7 ‘‘(i) recognize and respond to signs of 

8 domestic violence, dating violence, sexual 

9 assault, or stalking in homes receiving 

10 home visitation services; 

11 ‘‘(ii) understand the impact of domes12 tic violence or sexual assault on children 

13 and the protective actions taken by a non14 abusing parent or caretaker in respond to 

15 such violence or assault; and 

16 ‘‘(iii) link new parents with existing 

17 community resources; and 

18 ‘‘(D) ensure that relevant State and local 

19 domestic violence, dating violence, sexual as20 sault, and stalking victim service providers and 

21 coalitions are aware of the efforts of organiza22 tions receiving grants under this section. 

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

24 this section shall prepare and submit to the Director every 

25 18 months a report detailing the activities undertaken 
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1 with grant funds, providing additional information as the 

2 Director shall require. 

3 ‘‘(g) DISSEMINATION.—The Director shall widely dis4 seminate and make available the model curricula, policies, 

5 and procedures developed through grants made under this 

6 section, including through electronic means, to grantees 

7 of the Office on Violence Against Women, as well as to 

8 domestic violence, dating violence, sexual assault, stalking, 

9 and home visitation service providers, coalitions, and agen10 cies. 

11 ‘‘SEC. 41405. DEMONSTRATION PROJECTS TO SUPPORT 

12 FAMILIES THROUGH HOME VISITATION. 

13 ‘‘(a) GRANTS AUTHORIZED.— 

14 ‘‘(1) IN GENERAL.—The Attorney General, act15 ing through the Director of the Office on Violence 

16 Against Women, and in collaboration with the Ad17 ministration for Children, Youth, and Families of 

18 the Department of Health and Human Services, 

19 shall award grants on a competitive basis to eligible 

20 entities for the purpose of developing or enhancing 

21 services and programs to prevent domestic violence, 

22 dating violence, sexual assault, and stalking in the 

23 home, including assistance in developing strong par24 enting skills. 
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1 ‘‘(2) TERM.—The Director shall make grants 

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

3 ‘‘(3) AWARD BASIS.—The Director shall award 

4 grants— 

5 ‘‘(A) considering the needs of racial and 

6 ethnic and other underserved populations (as 

7 described in section 40002); 

8 ‘‘(B) awarding not less than 10 percent of 

9 such amounts for the funding of tribal projects 

10 from the amounts made available under this 

11 section for a fiscal year; and 

12 ‘‘(C) awarding up to 8 percent for the 

13 funding of technical assistance programs from 

14 the amounts made available under this section 

15 for a fiscal year. 

16 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to carry out this section 

18 $20,000,000 for each of fiscal years 2006 through 2010. 

19 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

20 this section shall be used by eligible entities to implement 

21 the model curricula, policies, and procedures developed 

22 under section 41404 of this title, including but not limited 

23 to training for grantee staff and enhancement of services 

24 for program participants. 
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1 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

2 a grant under this section, an entity shall be a home visita3 tion program that has a documented history of providing 

4 effective services to pregnant women and to young chil5 dren and their parent or primary caregiver that are pro6 vided in the permanent or temporary residence or in other 

7 familiar surroundings of the individual or family receiving 

8 such services. 

9 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

10 an entity shall— 

11 ‘‘(1) prepare and submit to the Director an ap12 plication at such time, in such manner, and con13 taining such information as the Director may re14 quire; and 

15 ‘‘(2) at a minimum, describe in the application 

16 the policies and procedures that the entity has or 

17 will adopt to— 

18 ‘‘(A) enhance or ensure the safety and se19 curity of children and nonabusing parents who 

20 have been exposed to violence; 

21 ‘‘(B) ensure linguistically, culturally, and 

22 community relevant curricula for racial and eth23 nic and other underserved communities; 

24 ‘‘(C) ensure the adequate training of home 

25 visitation service providers to— 
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1 ‘‘(i) recognize and respond to signs of 

2 domestic violence, dating violence, sexual 

3 assault, or stalking in homes receiving 

4 home visitation services; 

5 ‘‘(ii) understand the impact of domes6 tic violence or sexual assault on children 

7 and the protective actions taken by a non8 abusing parent or caretaker in respond to 

9 such violence or assault; and 

10 ‘‘(iii) link new parents with existing 

11 community resources; and 

12 ‘‘(D) ensure that relevant State and local 

13 domestic violence, dating violence, sexual as14 sault and stalking victim service providers and 

15 coalitions are aware of the efforts of organiza16 tions receiving grants under this section. 

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

18 this section shall prepare and submit to the Director every 

19 18 months a report detailing the activities undertaken 

20 with grant funds, providing additional information as the 

21 Director shall require. 
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1 ‘‘SEC. 41406. DEVELOPMENT OF CURRICULA AND DEM2 ONSTRATION PROJECTS TO SUPPORT PRIS3 ONER RE-ENTRY AND MENTORING PRO4 GRAMS. 

5 ‘‘(a) GRANTS AUTHORIZED.— 

6 ‘‘(1) IN GENERAL.—The Attorney General, act7 ing through the Director of the Office on Violence 

8 Against Women, shall award grants on a competitive 

9 basis to eligible entities for the purpose of developing 

10 or enhancing curricula, policies, procedures, or pro11 grams related to prisoner re-entry or to mentoring 

12 to help prisoners with a history of domestic violence, 

13 dating violence, sexual assault, or stalking to recon14 nect with their families and communities as appro15 priate, and become mutually respectful, nonviolent 

16 parents or partners. 

17 ‘‘(2) TERM.—The Director shall make grants 

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

19 ‘‘(3) AWARD BASIS.—The Director shall award 

20 grants— 

21 ‘‘(A) considering the needs of racial and 

22 ethnic and other underserved populations (as 

23 described in section 40002); 

24 ‘‘(B) awarding not less than 10 percent of 

25 such amounts for the funding of tribal projects 
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1 from the amounts made available under this 

2 section for a fiscal year; and 

3 ‘‘(C) awarding up to 8 percent for the 

4 funding of technical assistance programs from 

5 the amounts made available under this section 

6 for a fiscal year. 

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to carry out this section 

9 $5,000,000 for each of fiscal years 2006 through 2010. 

10 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

11 this section shall be used by eligible entities— 

12 ‘‘(1) to develop model curricula, policies, and 

13 procedures related to prisoner re-entry or to men14 toring to help prisoners with a history of domestic 

15 violence, dating violence, sexual assault, or stalking 

16 reconnect with their families as appropriate; or 

17 ‘‘(2) to provide direct services, technical assist18 ance, or program evaluation, including but not lim19 ited to training for program staff and enhancement 

20 of services for prisoners or their families. 

21 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

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

23 ‘‘(1) prisoner re-entry program that— 

24 ‘‘(A) has a documented history of pro25 viding effective services for prisoner re-entry or 
137 

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1 mentoring of prisoners or the families or chil2 dren of prisoners; and 

3 ‘‘(B) demonstrates a partnership with an 

4 organization described in paragraph (2); 

5 ‘‘(2) victim service provider, tribal nonprofit or6 ganization or community-based organization that— 

7 ‘‘(A) has a documented history of effective 

8 work concerning women, men, and youth ex9 posed to domestic violence, dating violence, sex10 ual assault, or stalking; and 

11 ‘‘(B) demonstrates a partnership with an 

12 organization described in paragraph (1); or 

13 ‘‘(3) State, territorial, or tribal, or local unit of 

14 government agency that is partnered with organiza15 tions described in paragraphs (1) and (2). 

16 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

17 an entity shall— 

18 ‘‘(1) prepare and submit to the Director an ap19 plication at such time, in such manner, and con20 taining such information as the Director may re21 quire; and 

22 ‘‘(2) at a minimum, describe in the application 

23 the policies and procedures that the entity has or 

24 will adopt to— 
138 

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1 ‘‘(A) enhance or ensure the safety and se2 curity of children and nonabusing parents who 

3 have been exposed to violence, 

4 ‘‘(B) ensure linguistically, culturally, and 

5 community relevant curricula for racial and eth6 nic and other underserved communities; 

7 ‘‘(C) ensure that the curricula developed or 

8 the training provided will— 

9 ‘‘(i) educate prisoners, and those who 

10 mentor prisoners or children of prisoners, 

11 on developing mutually respectful, non12 violent relationships once the prisoner re13 turns to his or her community; 

14 ‘‘(ii) ensure that those who mentor 

15 children of prisoners receive adequate 

16 training on the potential risk that children 

17 who witness violence may become future 

18 victims or perpetrators of violence, and in 

19 recognizing the impact of exposure to vio20 lence on children; and 

21 ‘‘(D) ensure that relevant State and local 

22 domestic violence, dating violence, sexual as23 sault and stalking victim service providers and 

24 coalitions are aware of the efforts of organiza25 tions receiving grants under this section. 
139 

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

2 this section shall prepare and submit to the Director every 

3 18 months a report detailing the activities undertaken 

4 with grant funds, providing additional information as the 

5 Director shall require. 

6 ‘‘(g) DISSEMINATION.—The Director shall widely dis7 seminate and make available the model curricula, policies, 

8 and procedures developed through grants made under this 

9 section, including through electronic means, to grantees 

10 of the Office on Violence Against Women, as well as to 

11 domestic violence, dating violence, sexual assault, stalking, 

12 and prisoner re-entry programs, coalitions, and agencies.’’. 

13 TITLE V—STRENGTHENING THE 

14 HEALTHCARE SYSTEM’S RE15 SPONSE TO DOMESTIC VIO16 LENCE, DATING VIOLENCE, 

17 SEXUAL ASSAULT, AND 

18 STALKING 

19 SEC. 501. PURPOSE. 

20 It is the purpose of this title to improve the health 

21 care system’s response to domestic violence, dating vio22 lence, sexual assault, and stalking through the training 

23 and education of health care providers, developing com24 prehensive public health responses to violence. 
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1 SEC. 502. TRAINING AND EDUCATION OF HEALTH PROFES2 SIONALS IN DOMESTIC AND SEXUAL VIO3 LENCE. 

4 Part D of title VII of the Public Health Service Act 

5 (42 U.S.C. 294 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION 

8 ON DOMESTIC VIOLENCE AND OTHER TYPES 

9 OF VIOLENCE AND ABUSE. 

10 ‘‘(a) GRANTS.—The Secretary, acting through the 

11 Director of the Health Resources and Services Adminis12 tration, shall award grants under this section to develop 

13 interdisciplinary training and education programs that 

14 provide undergraduate, graduate, post-graduate medical, 

15 nursing (including advanced practice nursing students), 

16 and other health professions students with an under17 standing of, and clinical skills pertinent to, domestic vio18 lence, sexual assault, stalking, and dating violence. 

19 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

20 under this section an entity shall— 

21 ‘‘(1) be an accredited school of allopathic or os22 teopathic medicine; 

23 ‘‘(2) prepare and submit to the Secretary an 

24 application at such time, in such manner, and con25 taining such information as the Secretary may re26 quire, including— 
141 

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1 ‘‘(A) information to demonstrate that the 

2 applicant includes the meaningful participation 

3 of a school of nursing and at least one other 

4 school of health professions or graduate pro5 gram in public health, dentistry, social work, 

6 midwifery, or behavioral and mental health; 

7 ‘‘(B) strategies for the dissemination and 

8 sharing of curricula and other educational ma9 terials developed under the grant to other inter10 ested medical and nursing schools and national 

11 resource repositories for materials on domestic 

12 violence and sexual assault; and 

13 ‘‘(C) a plan for consulting with, and com14 pensating community-based coalitions or indi15 viduals who have experience and expertise in 

16 issues related to domestic violence, sexual as17 sault, dating violence, and stalking for services 

18 provided under the program carried out under 

19 the grant. 

20 ‘‘(c) USE OF FUNDS.— 

21 ‘‘(1) REQUIRED USES.—Amounts provided 

22 under a grant under this section shall be used to— 

23 ‘‘(A) fund interdisciplinary training and 

24 education projects that are designed to train 

25 medical, nursing, and other health professions 
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•HR 3171 IH 

1 students and residents to identify and provide 

2 health care services (including mental or behav3 ioral health care services and referrals to appro4 priate community services) to individuals who 

5 are or who have experienced domestic violence, 

6 sexual assault, and stalking or dating violence; 

7 and 

8 ‘‘(B) plan and develop culturally competent 

9 clinical components for integration into ap10 proved residency training programs that ad11 dress health issues related to domestic violence, 

12 sexual assault, dating violence, and stalking, 

13 along with other forms of violence as appro14 priate, and include the primacy of victim safety 

15 and confidentiality. 

16 ‘‘(2) PERMISSIVE USES.—Amounts provided 

17 under a grant under this section may be used to— 

18 ‘‘(A) offer community-based training op19 portunities in rural areas for medical, nursing, 

20 and other students and residents on domestic 

21 violence, sexual assault, stalking, and dating vi22 olence, and other forms of violence and abuse, 

23 which may include the use of distance learning 

24 networks and other available technologies need25 ed to reach isolated rural areas; or 
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1 ‘‘(B) provide stipends to students from ra2 cial and ethnic population groups who are 

3 underrepresented in the health professions as 

4 necessary to promote and enable their partici5 pation in clerkships, preceptorships, or other 

6 offsite training experiences that are designed to 

7 develop health care clinical skills related to do8 mestic violence, sexual assault, dating violence, 

9 and stalking. 

10 ‘‘(3) REQUIREMENTS.— 

11 ‘‘(A) CONFIDENTIALITY AND SAFETY.— 

12 Grantees under this section shall ensure that all 

13 educational programs developed with grant 

14 funds address issues of confidentiality and pa15 tient safety, and that faculty and staff associ16 ated with delivering educational components are 

17 fully trained in procedures that will protect the 

18 immediate and ongoing security of the patients, 

19 patient records, and staff. Advocacy-based coali20 tions or other expertise available in the commu21 nity shall be consulted on the development and 

22 adequacy of confidentially and security proce23 dures, and shall be fairly compensated by 

24 grantees for their services. 
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•HR 3171 IH 

1 ‘‘(B) RURAL PROGRAMS.—Rural training 

2 programs carried out under paragraph (2)(A) 

3 shall reflect adjustments in protocols and proce4 dures or referrals that may be needed to protect 

5 the confidentiality and safety of patients who 

6 live in small or isolated communities and who 

7 are currently or have previously experienced vio8 lence or abuse. 

9 ‘‘(4) CHILD AND ELDER ABUSE.—Issues related 

10 to child and elder abuse may be addressed as part 

11 of a comprehensive programmatic approach imple12 mented under a grant under this section. 

13 ‘‘(d) REQUIREMENTS OF GRANTEES.— 

14 ‘‘(1) LIMITATION ON ADMINISTRATIVE EX15 PENSES.—A grantee shall not use more than 10 per16 cent of the amounts received under a grant under 

17 this section for administrative expenses. 

18 ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee 

19 under this section, and any entity receiving assist20 ance under the grant for training and education, 

21 shall contribute non-Federal funds, either directly or 

22 through in-kind contributions, to the costs of the ac23 tivities to be funded under the grant in an amount 

24 that is not less than 25 percent of the total cost of 

25 such activities. 
145 

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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

4 Amounts appropriated under this subsection shall remain 

5 available until expended.’’. 

6 SEC. 503. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES 

7 TO DOMESTIC VIOLENCE, DATING VIOLENCE, 

8 SEXUAL ASSAULT, AND STALKING GRANTS. 

9 Part P of title III of the Public Health Service Act 

10 (42 U.S.C. 280g et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RE13 SPONSES TO DOMESTIC VIOLENCE, DATING 

14 VIOLENCE, SEXUAL ASSAULT, AND STALKING. 

15 ‘‘(a) AUTHORITY TO AWARD GRANTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary, acting 

17 through the Director of the Centers for Disease 

18 Control and Prevention, shall award grants to eligi19 ble State, tribal, territorial, or local entities to 

20 strengthen the response of State, tribal, territorial, 

21 or local health care systems to domestic violence, 

22 dating violence, sexual assault, and stalking. 

23 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re24 ceive a grant under this section, an entity shall— 

25 ‘‘(A) be— 
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•HR 3171 IH 

1 ‘‘(i) a State department (or other divi2 sion) of health, a State domestic or sexual 

3 assault coalition or service-based program, 

4 or any other nonprofit, nongovernmental, 

5 tribal, territorial, or State entity with a 

6 history of effective work in the fields of do7 mestic violence, dating violence, sexual as8 sault or stalking, and health care; or 

9 ‘‘(ii) a nonprofit domestic violence, 

10 dating violence, sexual assault, or stalking 

11 service-based program, a local department 

12 (or other division) of health, a local health 

13 clinic, hospital, or health system, or any 

14 other nonprofit, tribal, or local entity with 

15 a history of effective work in the field of 

16 domestic or sexual violence and health; 

17 ‘‘(B) prepare and submit to the Secretary 

18 an application at such time, in such manner, 

19 and containing such agreements, assurances, 

20 and information as the Secretary determines to 

21 be necessary to carry out the purposes for 

22 which the grant is to be made; and 

23 ‘‘(C) demonstrate that the entity is rep24 resenting a team of organizations and agencies 

25 working collaboratively to strengthen the re-
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•HR 3171 IH 

1 sponse of the health care system involved to do2 mestic violence, dating violence, sexual assault, 

3 or stalking and that such team includes domes4 tic violence, dating violence, sexual assault or 

5 stalking and health care organizations. 

6 ‘‘(3) DURATION.—A program conducted under 

7 a grant awarded under this section shall not exceed 

8 3 years. 

9 ‘‘(b) USE OF FUNDS.— 

10 ‘‘(1) IN GENERAL.—An entity shall use 

11 amounts received under a grant under this section to 

12 design and implement comprehensive strategies to 

13 improve the response of the health care system in14 volved to domestic or sexual violence in clinical and 

15 public health settings, hospitals, clinics, managed 

16 care settings (including behavioral and mental 

17 health), and other health settings. 

18 ‘‘(2) MANDATORY STRATEGIES.—Strategies im19 plemented under paragraph (1) shall include the fol20 lowing: 

21 ‘‘(A) The implementation, dissemination, 

22 and evaluation of policies and procedures to 

23 guide health care professionals and behavioral 

24 and public health staff in responding to domes25 tic violence, dating violence, sexual assault, and 
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1 stalking, including strategies to ensure that 

2 health information is maintained in a manner 

3 that protects the patient’s privacy and safety 

4 and prohibits insurance discrimination. 

5 ‘‘(B) The development of on-site access to 

6 services to address the safety, medical, mental 

7 health, and economic needs of patients either by 

8 increasing the capacity of existing health care 

9 professionals and behavioral and public health 

10 staff to address domestic violence, dating vio11 lence, sexual assault, and stalking, by con12 tracting with or hiring domestic or sexual as13 sault advocates to provide the services, or to 

14 model other services appropriate to the geo15 graphic and cultural needs of a site. 

16 ‘‘(C) The development or adaptation and 

17 dissemination of education materials for pa18 tients and health care professionals and behav19 ioral and public health staff. 

20 ‘‘(D) The evaluation of practice and the in21 stitutionalization of identification, intervention, 

22 and documentation including quality improve23 ment measurements. 
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1 ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im2 plemented under paragraph (1) may include the fol3 lowing: 

4 ‘‘(A) Where appropriate, the development 

5 of training modules and policies that address 

6 the overlap of child abuse, domestic violence, 

7 dating violence, sexual assault, and stalking and 

8 elder abuse as well as childhood exposure to do9 mestic violence. 

10 ‘‘(B) The creation, adaptation, and imple11 mentation of public education campaigns for 

12 patients concerning domestic violence, dating vi13 olence, sexual assault, and stalking prevention. 

14 ‘‘(C) The development, adaptation, and 

15 dissemination of domestic violence, dating vio16 lence, sexual assault, and stalking education 

17 materials to patients and health care profes18 sionals and behavioral and public health staff. 

19 ‘‘(D) The promotion of the inclusion of do20 mestic violence, dating violence, sexual assault, 

21 and stalking into health professional training 

22 schools, including medical, dental, nursing 

23 school, social work, and mental health cur24 riculum. 
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1 ‘‘(E) The integration of domestic violence, 

2 dating violence, sexual assault, and stalking 

3 into health care accreditation and professional 

4 licensing examinations, such as medical, dental, 

5 social work, and nursing boards. 

6 ‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated 

7 under this section shall be distributed equally between 

8 State and local programs. 

9 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to award grants under 

11 this section, $5,000,000 for each of fiscal years 2006 

12 through 2010.’’. 

13 SEC. 504. IMPROVING FEDERAL HEALTH PROGRAMS’ RE14 SPONSE TO DOMESTIC VIOLENCE, DATING VI15 OLENCE, SEXUAL ASSAULT, AND STALKING. 

16 (a) TRAINING GRANTS UNDER THE MATERNAL AND

17 CHILD HEALTH SERVICES BLOCK GRANT.— 

18 (1) PREFERENCE IN CERTAIN FUNDING.—Sec19 tion 502(b)(2) of the Social Security Act (42 U.S.C. 

20 702(b)(2)) is amended by adding at the end the fol21 lowing: 

22 ‘‘(C) Of the amounts retained for projects described 

23 in subparagraphs (A) through (F) of section 501(a)(3), 

24 the Secretary shall provide preference to qualified appli25 cants that demonstrate that the activities to be carried 
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1 out with such amounts include training of service pro2 viders in how to identify and treat the health effects of 

3 domestic violence, dating violence, sexual assault, or stalk4 ing, including children who have been exposed to domestic 

5 or dating violence. Such training should include— 

6 ‘‘(i) identifying patients of clients experiencing 

7 domestic violence, dating violence sexual assault, or 

8 stalking; 

9 ‘‘(ii) assessing the immediate and short-term 

10 safety of the patient or client, the impact of the 

11 abuse on the health of the patient, and assisting the 

12 patient in developing a plan to promote his or her 

13 safety; 

14 ‘‘(iii) examining and treating such patients or 

15 clients within the scope of the health professional’s 

16 discipline, training, and practice (including providing 

17 medical advice regarding the dynamics and nature of 

18 domestic violence, dating violence sexual assault, or 

19 stalking); 

20 ‘‘(iv) maintaining complete medical or forensic 

21 records that include the documentation of the exam22 ination, treatment given, and referrals made, and re23 cording the location and nature of the victim’s inju24 ries, and establishing mechanisms to ensure the pri25 vacy and confidentiality of those medical records; 
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1 ‘‘(v) referring the patient or client to public and 

2 private nonprofit entities that provide services for 

3 such victims; and 

4 ‘‘(vi) ensuring that all services are provided in 

5 a linguistically and culturally relevant manner.’’. 

6 (2) REQUIREMENT FOR PORTION OF EXPENDI7 TURES ON DOMESTIC VIOLENCE IDENTIFICATION

8 AND TREATMENT.—Section 505(a)(5) of the Social 

9 Security Act (42 U.S.C. 705(a)(5)) is amended— 

10 (A) in subparagraph (E), by striking 

11 ‘‘and’’ at the end; 

12 (B) in subparagraph (F), by striking the 

13 period and inserting ‘‘; and’’; and 

14 (C) by inserting after subparagraph (F), 

15 the following: 

16 ‘‘(G) the State will set aside a reasonable 

17 portion (based upon the State’s previous use of 

18 funds under this title) of the funds provided for 

19 domestic violence, dating violence, sexual as20 sault, or stalking services.’’. 

21 (3) REPORTING DATA.—Section 506(a)(2) of 

22 the Social Security Act (42 U.S.C. 706(a)(2)) is 

23 amended by inserting after subparagraph (E) the 

24 following: 
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1 ‘‘(F) Information on how funds provided under 

2 this title are used to identify and treat domestic vio3 lence, dating violence, sexual assault, or stalking.’’. 

4 (4) SEPARATE PROGRAM FOR DOMESTIC VIO5 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND

6 STALKING IDENTIFICATION AND TREATMENT.—Title 

7 V of the Social Security Act (42 U.S.C. 701 et seq.) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 511. SEPARATE PROGRAM FOR DOMESTIC VIOLENCE, 

10 DATING VIOLENCE, SEXUAL ASSAULT AND 

11 STALKING SCREENING AND TREATMENTS. 

12 ‘‘(a) ALLOTMENTS.—For the purpose described in 

13 subsection (b), the Secretary shall, for fiscal year 2006 

14 and each subsequent fiscal year, allot to each State that 

15 has transmitted an application for the fiscal year under 

16 section 505(a) an amount equal to the product of— 

17 ‘‘(1) the amount appropriated under subsection 

18 (d) for the fiscal year; and 

19 ‘‘(2) the percentage determined for the State 

20 under section 502(c)(1)(B)(ii). 

21 ‘‘(b) PURPOSE.—The purpose of an allotment under 

22 subsection (a) with respect to a State is to enable the 

23 State to provide for domestic violence, dating violence, sex24 ual assault, or stalking identification and treatment, in25 cluding the provision of domestic violence, dating violence, 
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1 sexual assault, or stalking identification, treatment serv2 ices, increasing the number of persons identified, assessed, 

3 treated, and referred, and including training of health care 

4 professionals, and behavioral and public health staff, on 

5 how to identify and respond to adult and minor patients 

6 experiencing domestic violence, dating violence, sexual as7 sault, or stalking. Such training shall include— 

8 ‘‘(1) identifying patients of clients experiencing 

9 domestic violence, dating violence sexual assault, or 

10 stalking; 

11 ‘‘(2) assessing the immediate and short-term 

12 safety of the patient or client, the impact of the 

13 abuse on the health of the patient, and assisting the 

14 patient in developing a plan to promote his or her 

15 safety; 

16 ‘‘(3) examining and treating such patients or 

17 clients within the scope of the health professional’s 

18 discipline, training, and practice (including providing 

19 medical advice regarding the dynamics and nature of 

20 domestic violence, dating violence sexual assault, or 

21 stalking); 

22 ‘‘(4) maintaining complete medical or forensic 

23 records that include the documentation of the exam24 ination, treatment given, and referrals made, and re25 cording the location and nature of the victim’s inju-
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1 ries, and establishing mechanisms to ensure the pri2 vacy and confidentiality of those medical records; 

3 ‘‘(5) referring the patient or client to public and 

4 private nonprofit entities that provide services for 

5 such victims; and 

6 ‘‘(6) ensuring that all services are provided in 

7 a linguistically and culturally relevant manner. 

8 ‘‘(c) APPLICATION OF PROVISIONS.— 

9 ‘‘(1) IN GENERAL.—Sections 503, 507, and 508 

10 apply to allotments under subsection (a) to the same 

11 extent and in the same manner as such sections 

12 apply to allotments under section 502(c). 

13 ‘‘(2) SECRETARIAL DISCRETION.—Sections 505 

14 and 506 apply to allotments under subsection (a) to 

15 the extent determined by the Secretary to be appro16 priate. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the 

18 purpose of making allotments under subsection (a), there 

19 are authorized to be appropriated $4,000,000 for each of 

20 fiscal years 2006 through 2010.’’. 

21 (b) DOMESTIC VIOLENCE, DATING VIOLENCE, SEX22 UAL ASSAULT, AND STALKING IDENTIFICATION AND

23 TREATMENT SERVICES AT COMMUNITY HEALTH CEN24 TERS.—Part P of title III of the Public Health Service 
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1 Act (42 U.S.C. 280g et seq.), as amended by section 504, 

2 is further amended by adding at the end the following: 

3 ‘‘SEC. 399P–1. DOMESTIC VIOLENCE, DATING VIOLENCE, 

4 SEXUAL ASSAULT AND STALKING PREVEN5 TION, IDENTIFICATION, AND TREATMENT 

6 GRANTS. 

7 ‘‘(a) GRANTS AUTHORIZED.—The Secretary is au8 thorized to award grants to eligible entities to improve the 

9 identification and treatment of domestic violence, dating 

10 violence, sexual assault, or stalking. 

11 ‘‘(b) USE OF FUNDS.—Grants awarded under sub12 section (a) may be used for activities such as— 

13 ‘‘(1) the implementation, dissemination, and 

14 evaluation of policies and procedures to guide health 

15 care and behavioral health care professionals and 

16 other staff responding to domestic violence, dating 

17 violence, sexual assault, or stalking; 

18 ‘‘(2) the provision of training and follow-up 

19 technical assistance to health care professionals and 

20 staff to identify domestic violence, dating violence, 

21 sexual assault, or stalking, and to appropriately as22 sess, treat, and refer patients who are victims of do23 mestic violence, dating violence, sexual assault, or 

24 stalking; and 
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1 ‘‘(3) the development of on-site access to serv2 ices to address the safety, medical, mental health, 

3 and economic needs of patients either by increasing 

4 the capacity of existing health care professionals and 

5 staff to address these issues or by contracting with 

6 or hiring domestic violence or sexual assault advo7 cates to provide the services, or by developing other 

8 models appropriate to the geographic, cultural, and 

9 linguistic needs of a site. 

10 ‘‘(c) ELIGIBILITY.—To be eligible for a grant under 

11 this section, an entity shall— 

12 ‘‘(1) be a federally qualified health center as de13 fined in section 1861(aa)(4) of the Social Security 

14 Act (42 U.S.C. 1395x(aa)(4)); and 

15 ‘‘(2) prepare and submit to the Secretary an 

16 application at such time, in such manner, and ac17 companied by such information as the Secretary may 

18 require. 

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

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

21 $4,000,000 for each of fiscal years 2006 through 2010.’’. 

22 SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

23 THE HEALTHCARE SETTING. 

24 Subtitle B of the Violence Against Women Act of 

25 1994 (Public Law 103–322; 108 Stat. 1902 et seq.), as 
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1 amended by the Violence Against Women Act of 2000 

2 (114 Stat. 1491 et seq.), and as amended by this Act, 

3 is further amended by adding at the end the following: 

4 ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE 

5 INTERVENTIONS TO ADDRESS VIO6 LENCE AGAINST WOMEN 

7 ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

8 THE HEALTH CARE SETTING. 

9 ‘‘(a) PURPOSE.—The Secretary, acting through the 

10 Director of the Centers for Disease Control and Preven11 tion and the Director of the Agency for Healthcare Re12 search and Quality, shall award grants and contracts to 

13 fund research on effective interventions in the health care 

14 setting that prevent domestic violence, dating violence, and 

15 sexual assault across the lifespan and that prevent the 

16 health effects of such violence and improve the safety and 

17 health of individuals who are currently being victimized. 

18 ‘‘(b) USE OF FUNDS.—Research conducted with 

19 amounts received under a grant or contract under this sec20 tion shall include the following: 

21 ‘‘(1) With respect to the authority of the Cen22 ters for Disease Control and Prevention— 

23 ‘‘(A) research on the effects of domestic vi24 olence, dating violence, sexual assault, and 

25 childhood exposure to domestic, dating, or sex-
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1 ual violence, on health behaviors, health condi2 tions, and the health status of individuals, fami3 lies, and populations; and 

4 ‘‘(B) research and testing of best messages 

5 and strategies to mobilize public action con6 cerning the prevention of domestic, dating, or 

7 sexual violence; and 

8 ‘‘(2) With respect to the authority of the Agen9 cy for Healthcare Research and Quality— 

10 ‘‘(A) research on the impact on the health 

11 care system, health care utilization, health care 

12 costs, and health status of domestic and dating 

13 violence and childhood exposure to domestic 

14 and dating violence; and 

15 ‘‘(B) research on effective interventions 

16 within primary care and emergency health care 

17 settings and with health care settings that in18 clude clinical partnerships within community 

19 domestic violence providers for adults and chil20 dren exposed to domestic or dating violence. 

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

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

23 $5,000,000 for each of fiscal years 2006 through 2010.’’. 
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1 TITLE VI—HOUSING OPPORTU2 NITIES AND SAFETY FOR BAT3 TERED WOMEN AND CHIL4 DREN 

5 SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

6 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

7 SEXUAL ASSAULT, AND STALKING. 

8 The Violence Against Women Act of 1994 (42 U.S.C. 

9 13701 et seq.) is amended by adding at the end the fol10 lowing: 

11 ‘‘Subtitle O—Addressing the Hous12 ing Needs of Victims of Domes13 tic Violence, Dating Violence, 

14 Sexual Assault, and Stalking 

15 ‘‘SEC. 41501. PURPOSE. 

16 ‘‘The purpose of this subtitle is to reduce domestic 

17 violence, dating violence, sexual assault, and stalking, and 

18 to prevent homelessness by— 

19 ‘‘(1) protecting the safety of victims of domestic 

20 violence, dating violence, sexual assault, and stalking 

21 who reside in homeless shelters, public housing, as22 sisted housing, Indian housing, or other emergency, 

23 transitional, permanent, or affordable housing, and 

24 ensuring that such victims have meaningful access to 
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1 the criminal justice system without jeopardizing such 

2 housing; 

3 ‘‘(2) creating long-term housing solutions that 

4 develop communities and provide sustainable living 

5 solutions for victims of domestic violence, dating vio6 lence, sexual assault, and stalking; 

7 ‘‘(3) building collaborations between and victim 

8 service providers, homeless service providers, housing 

9 providers, and housing agencies to provide appro10 priate services, interventions, and training to ad11 dress the housing needs of victims of domestic vio12 lence, dating violence, sexual assault and stalking; 

13 and 

14 ‘‘(4) enabling public and assisted housing agen15 cies, Indian housing authorities, private landlords, 

16 property management companies, and other housing 

17 providers and agencies to respond appropriately to 

18 domestic violence, dating violence, sexual assault, 

19 and stalking, while maintaining a safe environment 

20 for all housing residents. 

21 ‘‘SEC. 41502. DEFINITIONS. 

22 ‘‘For purposes of this subtitle— 

23 ‘‘(1) the term ‘assisted housing’ means housing 

24 assisted— 
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1 ‘‘(A) under section 221(d)(3), section 

2 221(d)(4), or section 236 of the National Hous3 ing Act (12 U.S.C. 1715l(d)(3), (d)(4), or 

4 1715z–1); 

5 ‘‘(B) under section 101 of the Housing 

6 and Urban Development Act of 1965 (12 

7 U.S.C. 1701s); or 

8 ‘‘(C) under section 8 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437f); 

10 ‘‘(2) the term ‘continuum of care’ means a com11 munity plan developed to organize and deliver hous12 ing and services to meet the specific needs of people 

13 who are homeless as they move to stable housing 

14 and achieve maximum self-sufficiency; 

15 ‘‘(3) the term ‘Indian housing’ means housing 

16 assistance described in the Native American Hous17 ing Assistance and Self-Determination Act of 1996 

18 (25 U.S.C. 4101 et seq.); 

19 ‘‘(4) the term ‘low-income housing assistance 

20 voucher’ means housing assistance described in sec21 tion 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f); 

23 ‘‘(5) the term ‘public housing’ means housing 

24 described in section 3(b)(1) of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437a(b)(1)); 
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1 ‘‘(6) the term ‘public housing agency’ means an 

2 agency described in section 3(b)(6) of the United 

3 States Housing Act of 1937 (42 U.S.C. 

4 1437a(b)(6)); and 

5 ‘‘(7) the term ‘homeless service provider’ means 

6 a nonprofit, nongovernmental homeless service pro7 vider, such as a homeless shelter, a homeless service 

8 or advocacy program, a tribal organization serving 

9 homeless individuals, or coalition or other nonprofit, 

10 nongovernmental organization carrying out a com11 munity-based homeless or housing program that has 

12 a documented history of effective work concerning 

13 homelessness. 

14 ‘‘SEC. 41503. COLLABORATIVE GRANTS TO DEVELOP LONG15 TERM HOUSING FOR VICTIMS. 

16 ‘‘(a) GRANTS AUTHORIZED.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Health 

18 and Human Services, acting through the Adminis19 tration on Children, Youth and Families (‘ACYF’), 

20 and in consultation with the Secretary of Housing 

21 and Urban Development, shall award grants and 

22 contracts for a period of not less than 3 years to eli23 gible entities to develop long-term housing options 

24 for adult and minor victims of domestic violence, 
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1 dating violence, sexual assault, and stalking who are 

2 currently homeless or at risk for becoming homeless. 

3 ‘‘(2) AMOUNT.—The Secretary of Health and 

4 Human Services shall award— 

5 ‘‘(A) grants for projects that do not in6 clude the cost of construction in amounts— 

7 ‘‘(i) not less than $50,000 per year; 

8 and 

9 ‘‘(ii) not more than $350,000 per 

10 year; and 

11 ‘‘(B) grants for projects that do include 

12 the cost of construction in amounts— 

13 ‘‘(i) not less than $150,000 per year; 

14 and 

15 ‘‘(ii) not more than $1,000,000 per 

16 year. 

17 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

18 a grant under this section, an entity shall demonstrate 

19 that it is a coalition or partnership, applying jointly, 

20 that— 

21 ‘‘(1) shall include a domestic violence service 

22 provider; 

23 ‘‘(2) shall include— 

24 ‘‘(A) a homeless service provider; 
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1 ‘‘(B) a nonprofit, nongovernmental com2 munity housing development organization or a 

3 Department of Agriculture rural housing service 

4 program; or 

5 ‘‘(C) in the absence of a homeless service 

6 provider on tribal lands or nonprofit, non7 governmental community housing development 

8 organization on tribal lands, an Indian housing 

9 authority or Tribal housing consortium; 

10 ‘‘(3) may include a dating violence, sexual as11 sault, or stalking victim service provider; 

12 ‘‘(4) may include housing developers, housing 

13 corporations, State housing finance agencies, other 

14 housing agencies, and associations representing 

15 landlords; 

16 ‘‘(5) may include a public housing agency or In17 dian housing authority; 

18 ‘‘(6) may include tenant organizations in public 

19 or Indian housing, as well as nonprofit, nongovern20 mental tenant organizations; 

21 ‘‘(7) may include other nonprofit, nongovern22 mental organizations participating in the Depart23 ment of Housing and Urban Development’s Con24 tinuum of Care process; 
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1 ‘‘(8) may include a State, tribal, territorial, or 

2 local government or government agency; and 

3 ‘‘(9) may include any other such agencies or 

4 nonprofit, nongovernmental organizations, including 

5 religious and community based organizations, with 

6 the capacity to provide effective help to adult and 

7 minor victims of domestic violence, dating violence, 

8 sexual assault, or stalking. 

9 ‘‘(c) APPLICATION.— 

10 ‘‘(1) IN GENERAL.—Each eligible entity seeking 

11 a grant under this section shall submit an applica12 tion to the Secretary of Health and Human Services 

13 at such time, in such manner, and containing such 

14 information as the Secretary of Health and Human 

15 Services may require. 

16 ‘‘(2) CONTENTS.—Each application shall de17 scribe how long-term housing options and other ac18 tivities, services, and programs for which assistance 

19 under this section is sought will help deconcentrate 

20 poverty and how they will be developed and imple21 mented with the input of current or former homeless 

22 victims of domestic violence, dating violence, sexual 

23 assault, or stalking. 

24 ‘‘(d) USE OF FUNDS.—Grants and contracts awarded 

25 to eligible entities pursuant to subsection (a) shall be used 
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1 to design or replicate and implement new activities, serv2 ices, and programs to develop long-term housing options 

3 for adult and minor victims of domestic violence, dating 

4 violence, sexual assault, or stalking, and their dependents, 

5 who are currently homeless or at risk of becoming home6 less. Such activities, services, or programs— 

7 ‘‘(1) shall participate in the Department of 

8 Housing and Urban Development’s Continuum of 

9 Care process, unless such a process does not exist in 

10 the community to be served; 

11 ‘‘(2) shall develop sustainable long-term housing 

12 in the community by— 

13 ‘‘(A) coordinating efforts and resources 

14 among the various groups and organizations 

15 comprised in the entity to access existing pri16 vate and public funding; 

17 ‘‘(B) placing individuals and families in 

18 long-term housing; and 

19 ‘‘(C) providing services to help individuals 

20 or families find and maintain long-term hous21 ing, including financial and support assistance; 

22 ‘‘(3) may provide capital costs for the purchase, 

23 preconstruction, construction, renovation, repair, or 

24 conversion of affordable housing units; 
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1 ‘‘(4) may use funds for the continuing oper2 ation, upkeep, maintenance, and use of housing de3 scribed in paragraph (3); and 

4 ‘‘(5) may provide to the community information 

5 about housing and housing programs, and the proc6 ess to locate and obtain long-term housing. 

7 ‘‘(e) UNDERSERVED POPULATIONS AND PRIOR8 ITIES.—In awarding grants under this section, the Sec9 retary of Health and Human Services, acting through the 

10 ACYF, shall— 

11 ‘‘(1) give priority to culturally specific services; 

12 ‘‘(2) give priority to applications from entities 

13 that include a sexual assault service provider as de14 scribed in subsection (b)(3); 

15 ‘‘(3) award a minimum of 15 percent of the 

16 funds appropriated under this section in any fiscal 

17 year to tribal organizations; and 

18 ‘‘(4) ensure that at least 2 of the grants award19 ed under paragraph (3) must fund projects that in20 clude construction. 

21 ‘‘(f) REPORTS.—Every 18 months, each entity shall, 

22 in cooperation and coordination with all members of the 

23 entity, submit a report to the Secretary of Health and 

24 Human Services. 

25 ‘‘(g) DEFINITIONS.—For purposes of this section— 
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1 ‘‘(1) the term ‘long-term housing’ means hous2 ing that is sustainable, affordable, and safe for the 

3 foreseeable future and is— 

4 ‘‘(A) rented or owned by the individual; 

5 ‘‘(B) subsidized by a voucher or other pro6 gram which is not time-limited and is available 

7 for as long as the individual meets the eligibility 

8 requirements for the voucher or program; or 

9 ‘‘(C) provided directly by a program, agen10 cy, or organization and is not time-limited and 

11 is available for as long as the individual meets 

12 the eligibility requirements for the program, 

13 agency, or organization; and 

14 ‘‘(2) the term ‘affordable housing’ means hous15 ing that complies with the conditions set forth in 

16 section 215 of the Cranston-Gonzalez National Af17 fordable Housing Act (42 U.S.C. 12745). 

18 ‘‘(h) EVALUATION, MONITORING, ADMINISTRATION, 

19 AND TECHNICAL ASSISTANCE.—For purposes of this sec20 tion— 

21 ‘‘(1) up to 3 percent of the funds appropriated 

22 under subsection (i) for each fiscal year may be used 

23 by the Secretary of Health and Human Services for 

24 evaluation, monitoring, and administration costs 

25 under this section; and 
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1 ‘‘(2) up to 8 percent of the funds appropriated 

2 under subsection (i) for each fiscal year may be used 

3 to provide technical assistance to grantees under this 

4 section. 

5 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated $10,000,000 for each 

7 of fiscal years 2006 through 2010 to carry out the provi8 sions of this section. 

9 ‘‘SEC. 41504. GRANTS TO COMBAT DOMESTIC VIOLENCE, 

10 DATING VIOLENCE, SEXUAL ASSUALT, AND 

11 STALKING IN PUBLIC AND ASSISTED HOUS12 ING. 

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

14 assist eligible grantees in responding appropriately to do15 mestic violence, dating violence, sexual assault, and stalk16 ing so that the status of being a victim of such a crime 

17 is not a reason for the denial or loss of housing. Such 

18 assistance shall be accomplished through— 

19 ‘‘(1) development and implementation of appro20 priate housing policies and practices; 

21 ‘‘(2) enhancement of collaboration with victim 

22 service providers and tenant organizations; and 

23 ‘‘(3) reduction of the number of victims of such 

24 crimes who are evicted or denied housing because of 
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1 crimes and lease violations committed or directly 

2 caused by the perpetrators of such crimes. 

3 ‘‘(b) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The Attorney General, act5 ing through the Director of the Violence Against 

6 Women Office of the Department of Justice (‘Direc7 tor’), and in consultation with the Secretary of 

8 Housing and Urban Development (‘Secretary’), and 

9 the Secretary of Health and Human Services, acting 

10 through the Administration for Children, Youth and 

11 Families (‘ACYF’), shall award grants and contracts 

12 for not less than 3 years to eligible grantees to pro13 mote the full and equal access to and use of housing 

14 by adult and minor victims of domestic violence, dat15 ing violence, sexual assault, and stalking. 

16 ‘‘(2) AMOUNTS.—Not less than 15 percent of 

17 the funds appropriated to carry out this section shall 

18 be available for grants to Indian housing authorities. 

19 ‘‘(3) AWARD BASIS.—The Attorney General 

20 shall award grants and contracts under this section 

21 on a competitive basis. 

22 ‘‘(4) LIMITATION.—Appropriated funds may be 

23 used only for the purposes described in subsections 

24 (f) and (i). 

25 ‘‘(c) ELIGIBLE GRANTEES.— 
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1 ‘‘(1) IN GENERAL.—Eligible grantees are— 

2 ‘‘(A) public housing agencies; 

3 ‘‘(B) principally managed public housing 

4 resident management corporations, as deter5 mined by the Secretary; 

6 ‘‘(C) public housing projects owned by 

7 public housing agencies; 

8 ‘‘(D) agencies and authorities receiving as9 sistance under the Native American Housing 

10 Assistance and Self-Determination Act of 1996 

11 (25 U.S.C. 4101 et seq.); and 

12 ‘‘(E) private, for-profit, and nonprofit own13 ers or managers of assisted housing. 

14 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT15 EES.—To receive assistance under this section, an 

16 eligible grantee shall certify that— 

17 ‘‘(A) its policies and practices do not pro18 hibit or limit a resident’s right to summon po19 lice or other emergency assistance in response 

20 to domestic violence, dating violence, sexual as21 sault, or stalking; 

22 ‘‘(B) programs and services are developed 

23 that give a preference in admission to adult and 

24 minor victims of such violence, consistent with 
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1 local housing needs, and applicable law and the 

2 Secretary’s instructions; 

3 ‘‘(C) it does not discriminate against any 

4 person— 

5 ‘‘(i) because that person is or is per6 ceived to be, or has a family or household 

7 member who is or is perceived to be, a vic8 tim of such violence; or 

9 ‘‘(ii) because of the actions or threat10 ened actions of the individual who the vic11 tim, as certified in subsection (e), states 

12 has committed or threatened to commit 

13 acts of such violence against the victim, or 

14 against the victim’s family or household 

15 member; 

16 ‘‘(D) plans are developed that establish 

17 meaningful consultation and coordination with 

18 local victim service providers, tenant organiza19 tions, culturally specific service providers, State 

20 domestic violence and sexual assault coalitions, 

21 and, where they exist, tribal domestic violence 

22 and sexual assault coalitions; and 

23 ‘‘(E) its policies and practices will be in 

24 compliance with those described in this para25 graph within the later of 2 years or a period se-
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1 lected by the Attorney General in consultation 

2 with the Secretary and ACYF. 

3 ‘‘(d) APPLICATION.—Each eligible entity seeking a 

4 grant under this section shall submit an application to the 

5 Attorney General at such a time, in such a manner, and 

6 containing such information as the Attorney General may 

7 require. 

8 ‘‘(e) CERTIFICATION.— 

9 ‘‘(1) IN GENERAL.—A public housing agency, 

10 Indian housing authority, or assisted housing pro11 vider receiving funds under this section may request 

12 that an individual claiming relief under this section 

13 certify that the individual is a victim of domestic vio14 lence, dating violence, sexual assault, or stalking. 

15 The individual shall provide a copy of such certifi16 cation to the public housing agency, Indian housing 

17 authority, or assisted housing provider within a rea18 sonable period of time after the agency or authority 

19 requests such certification. 

20 ‘‘(2) CONTENTS.—An individual may satisfy the 

21 certification requirement of paragraph (1) by— 

22 ‘‘(A) providing the public housing agency, 

23 Indian housing authority, or assisted housing 

24 provider with documentation, signed by an em25 ployee, agent, or volunteer of a victim service 
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1 provider, an attorney, a member of the clergy, 

2 a medical professional, or any other professional 

3 from whom the victim has sought assistance in 

4 addressing domestic violence, dating violence, 

5 sexual assault, or stalking or the effects of 

6 abuse; or 

7 ‘‘(B) producing a Federal, State, tribal, 

8 territorial, or local police or court record. 

9 ‘‘(3) LIMITATION.—Nothing in this subsection 

10 shall be construed to require any housing agency, as11 sisted housing provider, Indian housing authority, 

12 owner, or manager to demand that an individual 

13 produce official documentation or physical proof of 

14 the individual’s status as a victim of domestic vio15 lence, dating violence, sexual assault, or stalking, in 

16 order to receive any of the benefits provided in this 

17 section. A housing authority may provide benefits to 

18 an individual based solely on the individual’s state19 ment or other corroborating evidence. 

20 ‘‘(4) CONFIDENTIALITY.— 

21 ‘‘(A) IN GENERAL.—All information pro22 vided to any housing agency, assisted housing 

23 provider, Indian housing authority, owner, or 

24 manager pursuant to paragraph (1), including 

25 the fact that an individual is a victim of domes-
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1 tic violence, dating violence, sexual assault, or 

2 stalking, shall be retained in the strictest con3 fidence by such housing authority, and shall 

4 neither be entered into any shared database, 

5 nor provided to any related housing agency, as6 sisted housing provider, Indian housing author7 ity, owner, or manager, except to the extent 

8 that disclosure is— 

9 ‘‘(i) requested or consented to by the 

10 individual in writing; or 

11 ‘‘(ii) otherwise required by applicable 

12 law. 

13 ‘‘(B) NOTIFICATION.—An individual shall 

14 be notified of the limits of such confidentiality 

15 and informed in advance about circumstances 

16 in which the housing agency, assisted housing 

17 provider, Indian housing authority, owner, or 

18 manager will be compelled to disclose the indi19 vidual’s information. 

20 ‘‘(f) USE OF FUNDS.—Grants and contracts awarded 

21 pursuant to subsection (a) shall provide to eligible entities 

22 personnel, training, and technical assistance to develop 

23 and implement policies, practices, and procedures, making 

24 physical improvements or changes, and developing or en25 hancing collaborations for the purposes of— 
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1 ‘‘(1) enabling victims of domestic violence, dat2 ing violence, sexual assault, and stalking with other3 wise disqualifying rental, credit, or criminal histories 

4 to be eligible to obtain housing or housing assist5 ance, if such victims would otherwise qualify for 

6 housing or housing assistance and can provide docu7 mented evidence information that demonstrates the 

8 causal connection between such violence or abuse 

9 and the victims’ negative histories; 

10 ‘‘(2) permitting applicants for housing or hous11 ing assistance to provide incomplete rental and em12 ployment histories, otherwise required as a condition 

13 of admission or assistance, if the victim believes that 

14 providing such rental and employment history would 

15 endanger the victim’s or the victim’s children safety; 

16 ‘‘(3) protecting victims’ confidentiality, includ17 ing protection of victims’ personally identifying in18 formation, address, or rental history; 

19 ‘‘(4) assisting victims who need to leave a pub20 lic housing, Indian housing, or assisted housing unit 

21 quickly to protect their safety, including those who 

22 are seeking transfer to a new public housing unit, 

23 Indian housing or assisted housing unit, whether in 

24 the same or a different neighborhood or jurisdiction; 
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1 ‘‘(5) enabling the public housing agency, Indian 

2 housing authority, or assisted housing provider, or 

3 the victim to remove consistent with applicable State 

4 law the perpetrator of domestic violence, dating vio5 lence, sexual assault, or stalking without evicting, re6 moving, or otherwise penalizing the victim; 

7 ‘‘(6) enabling the public housing agency, Indian 

8 housing authority, or assisted housing provider to 

9 comply with court orders, including civil protection 

10 orders issued to protect the victim, when notified 

11 and issued to address the distribution or possession 

12 of property among the household members in cases 

13 where a family breaks up; 

14 ‘‘(7) developing and implementing more effec15 tive security policies, protocols, and services; 

16 ‘‘(8) allotting not more than 15 percent of 

17 funds awarded under the grant to make physical im18 provements or changes; 

19 ‘‘(9) training all personnel to more effectively 

20 identify and respond to victims of domestic violence, 

21 dating violence, sexual assault, and stalking; and 

22 ‘‘(10) effectively providing notice to applicants 

23 and residents of the above housing policies, prac24 tices, and procedures. 
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1 ‘‘(g) REPORTS.—Each eligible entity receiving funds 

2 under this section shall submit a report to the Attorney 

3 General evaluating the effectiveness of the activities, serv4 ices, and programs developed with the funds provided 

5 under this section and containing such additional informa6 tion as the Attorney General may prescribe. 

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

8 are authorized to be appropriated $10,000,000 for each 

9 of fiscal years 2006 through 2010 to carry out the provi10 sions of this section. 

11 ‘‘(i) TECHNICAL ASSISTANCE.—Up to 12 percent of 

12 the amount appropriated under subsection (h) for each fis13 cal year shall be used by the Attorney General for tech14 nical assistance costs under this section. Technical assist15 ance may be provided to entities that have not received 

16 a grant under this section but are described as eligible 

17 in subsection (c).’’. 

18 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

19 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT20 ING VIOLENCE, SEXUAL ASSAULT, OR STALK21 ING. 

22 (a) IN GENERAL.—Section 40299 of the Violence 

23 Against Women Act of 1994 (42 U.S.C. 13975) is amend24 ed— 

25 (1) in subsection (a)— 
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1 (A) by inserting ‘‘the Department of Hous2 ing and Urban Development, and the Depart3 ment of Health and Human Services,’’ after 

4 ‘‘Department of Justice,’’; 

5 (B) by striking ‘‘Indian tribes’’ and insert6 ing ‘‘tribal organizations’’; 

7 (C) by inserting ‘‘, including domestic vio8 lence victim service providers, domestic violence 

9 coalitions, other nonprofit, nongovernmental or10 ganizations, or community-based and culturally 

11 specific organizations, that have a documented 

12 history of effective work concerning domestic vi13 olence, dating violence, sexual assault, or stalk14 ing’’ after ‘‘other organizations’’; and 

15 (D) in paragraph (1), by inserting ‘‘, dat16 ing violence, sexual assault, or stalking’’ after 

17 ‘‘domestic violence’’; 

18 (2) in subsection (b)— 

19 (A) by redesignating paragraphs (1) and 

20 (2) as paragraphs (2) and (3), respectively; 

21 (B) in paragraph (3), as redesignated, by 

22 inserting ‘‘, dating violence, sexual assault, or 

23 stalking’’ after ‘‘violence’’; 

24 (C) by inserting before paragraph (2), as 

25 redesignated, the following: 
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1 ‘‘(1) transitional housing, or acquire land or 

2 buildings, or rehabilitate or construct buildings for 

3 the purpose of providing transitional housing to per4 sons described in subsection (a), including funding 

5 for— 

6 ‘‘(A) the predevelopment cost and capital 

7 expenses involved in the development of transi8 tional housing; and 

9 ‘‘(B) the operating expenses of newly de10 veloped or existing transitional housing.’’; 

11 (D) in paragraph (3)(B) as redesignated, 

12 by inserting ‘‘Participation in the support serv13 ices shall be voluntary. Receipt of the benefits 

14 of the housing assistance described in para15 graph (2) shall not be conditioned upon the 

16 participation of the minors, adults, or their de17 pendents in any or all of the support services 

18 offered them.’’ after ‘‘assistance.’’; and 

19 (E) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) AMOUNTS TO SUPPLEMENT OTHER FED22 ERAL FUNDS.—Amounts made available under this 

23 section shall be used to supplement and not supplant 

24 other Federal and non-Federal funds expended to 

25 further the purpose of this section.’’; 
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1 (3) in paragraph (1) of subsection (c), by strik2 ing ‘‘18 months’’ and inserting ‘‘24 months’’; 

3 (4) in subsection (d)(2)— 

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A); 

6 (B) by redesignating subparagraph (B) as 

7 subparagraph (D); and 

8 (C) by inserting after subparagraph (A) 

9 the following new subparagraphs: 

10 ‘‘(B) describe how the input of current or 

11 former homeless victims of domestic violence, 

12 dating violence, sexual assault, or stalking will 

13 be used to develop and implement the pro14 grams, services, and other activities described 

15 in subsection (b); 

16 ‘‘(C) provide assurances that any sup17 portive services offered to participants in pro18 grams developed under subsection (b)(3) are 

19 voluntary and that refusal to receive such serv20 ices shall not be grounds for termination from 

21 the program or eviction from the victim’s hous22 ing; and’’; 

23 (5) in subsection (e)(2)— 

24 (A) in subparagraph (A), by inserting 

25 ‘‘purpose and’’ before ‘‘amount’’; 
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1 (B) in clause (ii) of subparagraph (C), by 

2 striking ‘‘and’’; 

3 (C) in subparagraph (D), by striking the 

4 period and inserting ‘‘; and’’; and 

5 (D) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(E) the client population served and the 

8 number of individuals requesting services that 

9 the transitional housing program is unable to 

10 serve as a result of a lack of resources.’’; and 

11 (6) in subsection (g)— 

12 (A) in paragraph (1), by striking 

13 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’; 

14 (B) in paragraph (1), by striking ‘‘2004’’ 

15 and inserting ‘‘2006’’; 

16 (C) in paragraph (1), by striking ‘‘2008.’’ 

17 and inserting ‘‘2010. Funds authorized to be 

18 appropriated under this subsection shall remain 

19 available until expended.’’; 

20 (D) in paragraph (2), by striking ‘‘not 

21 more than 3 percent’’ and inserting ‘‘up to 5 

22 percent’’; 

23 (E) in paragraph (2), by inserting ‘‘evalua24 tion, monitoring, technical assistance,’’ before 

25 ‘‘salaries’’; and 
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1 (F) in paragraph (3), by adding at the end 

2 the following new subparagraphs: 

3 ‘‘(C) UNDERSERVED POPULATIONS.— 

4 ‘‘(i) A minimum of 10 percent of the 

5 total amount appropriated in any fiscal 

6 year shall be allocated to tribal organiza7 tions serving adult and minor victims of 

8 domestic violence, dating violence, sexual 

9 assault, or stalking and their dependents. 

10 ‘‘(ii) Priority shall be given to projects 

11 developed under subsection (b) that pri12 marily serve racial and ethnic and other 

13 underserved populations.’’. 

14 SEC. 603. PUBLIC AND INDIAN HOUSING AUTHORITY PLANS 

15 REPORTING REQUIREMENT. 

16 Section 5A of the United States Housing Act of 1937 

17 (42 U.S.C. 1437c–1) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘para20 graph (2)’’ and inserting ‘‘paragraph (3)’’; 

21 (B) by redesignating paragraph (2) as 

22 paragraph (3); and 

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

24 following: 
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1 ‘‘(2) STATEMENT OF GOALS.—The 5-year plan 

2 shall include a statement by any public housing 

3 agency or Indian housing authority of the goals, ob4 jectives, policies, or programs that will enable the 

5 housing authority to serve the needs of minor and 

6 adult victims of domestic violence, dating violence, 

7 sexual assault, or stalking.’’; 

8 (2) in subsection (d), by redesignating para9 graphs (13), (14), (15), (16), (17), and (18), as 

10 paragraphs (14), (15), (16), (17), (18), and (19), re11 spectively; and 

12 (3) by inserting after paragraph (12) the fol13 lowing: 

14 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, 

15 SEXUAL ASSAULT, OR STALKING PROGRAMS.—A de16 scription of— 

17 ‘‘(A) any activities, services, or programs 

18 provided or offered by an agency, either directly 

19 or in partnership with other service providers, 

20 to minor or adult victims of domestic violence, 

21 dating violence, sexual assault, or stalking; 

22 ‘‘(B) any activities, services, or programs 

23 provided or offered by a public housing agency 

24 or Indian housing authority that helps minor 

25 and adult victims of domestic violence, dating 
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1 violence, sexual assault, or stalking, to obtain or 

2 maintain housing; and 

3 ‘‘(C) any activities, services, or programs 

4 provided or offered by a public housing agency 

5 or Indian housing authority to prevent domestic 

6 violence, dating violence, sexual assault, and 

7 stalking, or to enhance victim safety in assisted 

8 families.’’. 

9 SEC. 604. HOUSING STRATEGIES. 

10 Section 105(b)(1) of the Cranston-Gonzalez National 

11 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is 

12 amended by inserting after ‘‘immunodeficiency syn13 drome,’’ the following: ‘‘victims of domestic violence, dat14 ing violence, sexual assault, and stalking’’. 

15 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME16 LESS ASSISTANCE ACT. 

17 Section 423(a) of the McKinney-Vento Homeless As18 sistance Act (42 U.S.C. 11383(a)) is amended by adding 

19 at the end the following: 

20 ‘‘(8) CONFIDENTIALITY.— 

21 ‘‘(A) HOUSING ASSISTANCE GRANTS AND

22 PROGRAMS.—In the course of awarding grants 

23 or implementing programs under this sub24 section, the Secretary shall instruct any recipi25 ent or subgrantee not to disclose to any person, 
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1 agency, or entity any personally identifying in2 formation about any client if the Secretary, re3 cipient, or subgrantee believes, based upon rea4 sonable evidence, that the client is— 

5 ‘‘(i) a victim of domestic violence, dat6 ing violence, sexual assault, or stalking; 

7 ‘‘(ii) the parent or guardian of a 

8 minor victim of domestic violence, dating 

9 violence, sexual assault, or stalking; or 

10 ‘‘(iii) the dependent or minor child of 

11 a victim of domestic violence, dating vio12 lence, sexual assault, or stalking. 

13 ‘‘(B) OTHER FEDERAL AND STATE PRO14 GRAMS.—The Secretary shall not require or ask 

15 a recipient or subgrantee of any other Federal 

16 or State program to disclose personally identi17 fying information about any clients if the per18 sons, agencies, or entities implementing those 

19 programs believe, based upon reasonable evi20 dence, that those clients are— 

21 ‘‘(i) victims of domestic violence, dat22 ing violence, sexual assault, or stalking; 

23 ‘‘(ii) the parents or guardians of 

24 minor victims of domestic violence, dating 

25 violence, sexual assault, or stalking; or 
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1 ‘‘(iii) the dependents or minor chil2 dren of victims of domestic violence, dating 

3 violence, sexual assault, or stalking. 

4 ‘‘(C) HOMELESS MANAGEMENT INFORMA5 TION SYSTEMS.—The Secretary shall instruct 

6 any recipient or subgrantee under this sub7 section or any recipient or subgrantee of any 

8 other Federal or State program participating in 

9 any homeless management information system 

10 funded in whole or in part under this subsection 

11 that personally identifying information about 

12 any client may only be submitted to a homeless 

13 management information system if the program 

14 seeking to disclose such information has ob15 tained informed, reasonably time-limited, writ16 ten consent from the client to whom the infor17 mation relates. The Secretary may require or 

18 ask any recipient or subgrantee to share non19 personally identifying data in the aggregate re20 garding services to clients and nonpersonally 

21 identifying demographic information in order to 

22 comply with the data collection requirements of 

23 homeless management information systems. 

24 ‘‘(D) DEFINITION.—As used in this para25 graph, the term personally identifying informa-
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1 tion means information from or about an indi2 vidual that could be used to identify such indi3 vidual, including— 

4 ‘‘(i) first and last name; 

5 ‘‘(ii) a home or other physical address, 

6 including street name, name of city or 

7 town, and ZIP code; 

8 ‘‘(iii) an email address or other online 

9 contact information, such as an instant 

10 messaging user identifier or a screen name 

11 that reveals an individual’s email address; 

12 ‘‘(iv) a telephone number; 

13 ‘‘(v) a social security number; 

14 ‘‘(vi) an Internet Protocol address or 

15 host name that identifies an individual; 

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

17 customer number held in a ‘cookie’ or 

18 processor serial number, that is combined 

19 with other available data that identifies an 

20 individual; and 

21 ‘‘(viii) any other information, includ22 ing grade point average, date of birth, aca23 demic or occupational interests, athletic or 

24 extracurricular interests, racial or ethnic 

25 background, or religious affiliation, that, in 
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1 combination with any of the above, would 

2 serve to identify any individual.’’. 

3 SEC. 606. AMENDMENTS TO THE LOW INCOME HOUSING AS4 SISTANCE VOUCHER PROGRAM. 

5 Section 8 of the United States Housing Act of 1937 

6 (42 U.S.C. 1437f) is amended— 

7 (1) in subsection (d)— 

8 (A) in paragraph (1)(B)(ii), by inserting 

9 after ‘‘other good cause’’ the following: ‘‘, and 

10 that an incident or incidents of actual or 

11 threatened domestic violence, dating violence, 

12 sexual assault, or stalking will not be construed 

13 as a serious or repeated violation of the lease by 

14 the victim or threatened victim of that violence 

15 and will not be good cause for terminating a 

16 lease held by the victim of such violence’’; and 

17 (B) in paragraph (1)(B)(iii), by inserting 

18 after ‘‘termination of tenancy’’ the following: ‘‘, 

19 except that (I) criminal activity directly relating 

20 to domestic violence, dating violence, sexual as21 sault, or stalking, engaged in by a member of 

22 a tenant’s household or any guest or other per23 son under the tenant’s control shall not be 

24 cause for termination of the tenancy, if the ten25 ant or a minor child of the tenant is a victim 
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1 of domestic violence, dating violence, sexual as2 sault, or stalking and, as a result, could not 

3 control or prevent the criminal activity; (II) 

4 nothing in subclause (I) may be construed to 

5 limit the authority of an owner or manager, 

6 consistent with applicable State law, to evict or 

7 the public housing agency or assisted housing 

8 provider to terminate voucher assistance to in9 dividuals who engage in criminal acts of phys10 ical violence against family members or others; 

11 and (III) nothing in subclause (I) may be con12 strued to limit the authority of an owner or 

13 manager, consistent with applicable State law, 

14 to evict or the public housing agency or assisted 

15 housing provider to terminate voucher assist16 ance to any tenant if the owner, manager, pub17 lic housing agency, or assisted housing provider 

18 can demonstrate an acctual and imminent 

19 threat to the larger community if that tenant is 

20 not evicted or terminated from assistance’’; 

21 (2) in subsection (f)— 

22 (A) in paragraph (6) by striking ‘‘and’’; 

23 (B) in paragraph (7) by striking the period 

24 at the end and inserting a semicolon; and 
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1 (C) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(8) the term ‘domestic violence’ has the same 

4 meaning given the term in section 2003 of title I of 

5 the Omnibus Crime Control and Safe Streets Act of 

6 1968 (42 U.S.C. 3796gg–2); 

7 ‘‘(9) the term ‘dating violence’ has the same 

8 meaning given the term in section 2003 of title I of 

9 the Omnibus Crime Control and Safe Streets Act of 

10 1968 (42 U.S.C. 3796gg–2); and 

11 ‘‘(10) the term ‘sexual assault’ has the same 

12 meaning given the term in section 2003 of title I of 

13 the Omnibus Crime Control and Safe Streets Act of 

14 1968 (42 U.S.C. 3796gg–2).’’; 

15 (3) in subsection (o)— 

16 (A) by inserting at the end of paragraph 

17 (6)(B), the following new sentence: ‘‘That an 

18 applicant is or is perceived to be, or has been 

19 or has been perceived to be, a victim of domes20 tic violence, dating violence, or stalking is not 

21 an appropriate basis for denial of program as22 sistance by a public housing authority.’’; 

23 (B) in paragraph (7)(C), by inserting after 

24 ‘‘other good cause’’ the following: ‘‘, and that 

25 an incident or incidents of actual or threatened 
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1 domestic violence, dating violence, sexual as2 sault, or stalking will not be construed as a se3 rious or repeated violation of the lease by the 

4 victim or threatened victim of that violence and 

5 will not be good cause for terminating a lease 

6 held by the victim of such violence’’; and 

7 (C) in paragraph (7)(D), by inserting after 

8 ‘‘termination of tenancy’’ the following: ‘‘; ex9 cept that (i) criminal activity relating to domes10 tic violence, dating violence, sexual assault, or 

11 stalking, engaged in by a member of a tenant’s 

12 household or any guest or other person under 

13 the tenant’s control shall not be cause for ter14 mination of the tenancy, if the tenant or imme15 diate member of the tenant’s family is a victim 

16 of domestic violence, dating violence, sexual as17 sault, or stalking and, as a result, could not 

18 control or prevent the criminal activity; (ii) 

19 nothing in clause (i) may be construed to limit 

20 the authority of an owner or manager, con21 sistent with applicable State law, to evict or the 

22 public housing agency or assisted housing pro23 vider to terminate voucher assistance to individ24 uals who engage in criminal acts of physical vi25 olence against family members or others; and 
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1 (iii) nothing in clause (i) may be construed to 

2 limit the authority of an owner or manager, 

3 consistent with applicable State law, to evict or 

4 the public housing agency or assisted housing 

5 provider to terminate voucher assistance to any 

6 tenant if the owner, manager, public housing 

7 agency, or assisted housing provider can dem8 onstrate an accutal and imminent threat to the 

9 larger community if that tenant is not evicted 

10 or terminated from assistance’’; 

11 (4) in subsection (r)(5) by inserting after ‘‘vio12 lation of a lease’’ the following: ‘‘, except that a fam13 ily may receive a voucher from a public housing 

14 agency and move to another jurisdiction under the 

15 tenant-based assistance program if the family has 

16 moved out of the assisted dwelling unit in order to 

17 protect the health or safety of an individual who is 

18 or has been the victim of domestic violence, dating 

19 violence, sexual assault, or stalking and who reason20 ably believed he or she was imminently threatened 

21 by harm from further violence if he or she remained 

22 in the assisted dwelling unit’’; and 

23 (5) by adding at the end the following new sub24 section: 

25 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.— 
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1 ‘‘(1) CERTIFICATION.— 

2 ‘‘(A) IN GENERAL.—An owner, manager, 

3 public housing agency, or assisted housing pro4 vider responding to subsections (d)(1)(B(ii), 

5 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), and (r)(5) 

6 may request that an individual certify that the 

7 individual is a victim of domestic violence, dat8 ing violence, sexual assault, or stalking, and 

9 that the incident or incidents in question are 

10 bona fide incidents of such actual or threatened 

11 abuse and meet the requirements set forth in 

12 the aforementioned paragraphs. The individual 

13 shall provide a copy of such certification within 

14 a reasonable period of time after an owner, 

15 manager, public housing agency, or assisted 

16 housing provider requests such certification. 

17 ‘‘(B) CONTENTS.—An individual may sat18 isfy the certification requirement of subpara19 graph (A) by— 

20 ‘‘(i) providing the requesting owner, 

21 manager, public housing agency, or as22 sisted housing provider with documentation 

23 signed by an employee, agent, or volunteer 

24 of a victim service provider, an attorney, a 

25 member of the clergy, a medical profes-
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1 sional, or any other professional, from 

2 whom the victim has sought assistance in 

3 addressing domestic violence, dating vio4 lence, sexual assault, or stalking or the ef5 fects of the abuse; or 

6 ‘‘(ii) producing a Federal, State, trib7 al, territorial, or local police or court 

8 record. 

9 ‘‘(C) LIMITATION.—At their discretion, the 

10 owner, manager, public housing agency, or as11 sisted housing provider may provide benefits to 

12 an individual based solely on the individual’s 

13 statement or other corroborating evidence but is 

14 not mandated to do so. 

15 ‘‘(2) CONFIDENTIALITY.— 

16 ‘‘(A) IN GENERAL.—All information pro17 vided to an owner, manager, public housing 

18 agency, or assisted housing provider pursuant 

19 to paragraph (1), including the fact that an in20 dividual is a victim of domestic violence, dating 

21 violence, sexual assault, or stalking, shall be re22 tained in the strictest confidence by such owner, 

23 manager, public housing agency, or assisted 

24 housing provider, and shall neither be entered 

25 into any shared database, nor provided to any 
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1 related entity, except to the extent that disclo2 sure is— 

3 ‘‘(i) requested or consented to by the 

4 individual in writing; or 

5 ‘‘(ii) otherwise required by applicable 

6 law. 

7 ‘‘(B) NOTIFICATION.—An individual must 

8 be notified of the limits of such confidentiality 

9 and informed in advance about circumstances 

10 in which the person or entity will be compelled 

11 to disclose the individual’s information.’’. 

12 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO13 GRAM. 

14 Section 6 of the United States Housing Act of 1937 

15 (42 U.S.C. 1437d) is amended— 

16 (1) in subsection (c), by redesignating para17 graph (3) and (4), as paragraphs (4) and (5), re18 spectively; 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) the public housing agency shall not deny 

22 admission to the project to any applicant on the 

23 basis that the applicant is or is perceived to be, or 

24 has been or has been perceived to be, a victim of do25 mestic violence, dating violence, or stalking’’; 
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1 (3) in subsection (l)(5), by inserting after 

2 ‘‘other good cause’’ the following: ‘‘, and that an in3 cident or incidents of actual or threatened domestic 

4 violence, dating violence, sexual assault, or stalking 

5 will not be construed as a serious or repeated viola6 tion of the lease by the victim or threatened victim 

7 of that violence and will not be good cause for termi8 nating a lease held by the victim of such violence’’; 

9 (4) in subsection (l)(6), by inserting after ‘‘ter10 mination of tenancy’’ the following: ‘‘; except that 

11 (A) criminal activity directly relating to domestic vi12 olence, dating violence, sexual assault, or stalking, 

13 engaged in by a member of a tenant’s household or 

14 any guest or other person under the tenant’s control 

15 shall not be cause for termination of the tenancy, if 

16 the tenant or immediate member of the tenant’s 

17 family is a victim of domestic violence, dating vio18 lence, sexual assault, or stalking and, as a result 

19 could not control or prevent the criminal activity; 

20 (B) nothing in subparagraph (A) may be construed 

21 to limit the authority of a public housing agency, 

22 consistent with applicable State laws, to evict or the 

23 public housing agency or assisted housing provider 

24 to terminate voucher assistance to individuals who 

25 engage in criminal acts of physical violence against 
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1 family members or others; ‘‘; and (C) nothing in 

2 subparagraph (A) may be construed to limit the au3 thority of a public housing agency, consistent with 

4 applicable State law, to terminate the tenancy of any 

5 tenant if the public housing agency can demonstrate 

6 an actual and imminent threat to the larger commu7 nity if that tenant’s tenancy is not terminated’’; and 

8 (5) by inserting at the end of subsection (t) the 

9 following new subsection: 

10 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— 

11 ‘‘(1) CERTIFICATION.— 

12 ‘‘(A) IN GENERAL.—A public housing 

13 agency responding to subsection (l) (5) and (6) 

14 may request that an individual certify that the 

15 individual is a victim of domestic violence, dat16 ing violence, sexual assault, or stalking, and 

17 that the incident or incidents in question are 

18 bona fide incidents of such actual or threatened 

19 abuse and meet the requirements set forth in 

20 the aforementioned paragraphs. The individual 

21 shall provide a copy of such certification within 

22 a reasonable period of time after the public 

23 housing agency requests such certification. 
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1 ‘‘(B) CONTENTS.—An individual may sat2 isfy the certification requirement of subpara3 graph (A) by— 

4 ‘‘(i) providing the requesting public 

5 housing agency with documentation signed 

6 by an employee, agent, or volunteer of a 

7 victim service provider, an attorney, a 

8 member of the clergy, a medical profes9 sional, or any other professional, from 

10 whom the victim has sought assistance in 

11 addressing domestic violence, dating vio12 lence, sexual assault, or stalking or the ef13 fects of the abuse; or 

14 ‘‘(ii) producing a Federal, State, trib15 al, territorial, or local police or court 

16 record. 

17 ‘‘(C) LIMITATION.—At the public housing 

18 agency’s discretion, a public housing agency 

19 may provide benefits to an individual based 

20 solely on the individual’s statement or other 

21 corroborating evidence but is not mandated to 

22 do so. 

23 ‘‘(2) CONFIDENTIALITY.— 

24 ‘‘(A) IN GENERAL.—All information pro25 vided to any public housing agency pursuant to 
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1 paragraph (1), including the fact that an indi2 vidual is a victim of domestic violence, dating 

3 violence, sexual assault, or stalking, shall be re4 tained in the strictest confidence by such public 

5 housing agency, and shall neither be entered 

6 into any shared database, nor provided to any 

7 related entity, except to the extent that disclo8 sure is— 

9 ‘‘(i) requested or consented to by the 

10 individual in writing; or 

11 ‘‘(ii) otherwise required by applicable 

12 law. 

13 ‘‘(B) NOTIFICATION.—An individual must 

14 be notified of the limits of such confidentiality 

15 and informed in advance about circumstances 

16 in which the person or entity will be compelled 

17 to disclose the individual’s information. 

18 ‘‘(3) DEFINITIONS.—For purposes of this sub19 section and subsection (l) (5) and (6)— 

20 ‘‘(A) the term ‘domestic violence’ has the 

21 same meaning given the term in section 2003 

22 of title I of the Omnibus Crime Control and 

23 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

24 2); 
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1 ‘‘(B) the term ‘dating violence’ has the 

2 same meaning given the term in section 2003 

3 of title I of the Omnibus Crime Control and 

4 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

5 2); 

6 ‘‘(C) the term ‘stalking’ means engaging in 

7 a course of conduct directed at a specific person 

8 that would cause a reasonable person to— 

9 ‘‘(i) fear for his or her safety or the 

10 safety of others; or 

11 ‘‘(ii) suffer significant emotional dis12 tress; and 

13 ‘‘(D) the term ‘sexual assault’ has the 

14 same meaning given the term in section 2003 

15 of title I of the Omnibus Crime Control and 

16 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

17 2).’’. 

18 TITLE VII—PROVIDING ECO19 NOMIC SECURITY FOR VIC20 TIMS OF VIOLENCE 

21 SEC. 701. SHORT TITLE. 

22 This title may be cited as the ‘‘Security and Financial 

23 Empowerment Act’’. 

24 SEC. 702. FINDINGS. 

25 Congress finds the following: 
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1 (1) Violence against women has been reported 

2 to be the leading cause of physical injury to women. 

3 Such violence has a devastating impact on women’s 

4 physical and emotional health, financial security, 

5 and ability to maintain their jobs, and thus impacts 

6 interstate commerce. 

7 (2) Studies indicate that one of the best predic8 tors of whether a victim will be able to stay away 

9 from her abuser is her degree of economic independ10 ence. However, domestic violence, dating violence, 

11 sexual assault and stalking often negatively impacts 

12 victims’ ability to maintain employment. 

13 (3) The Bureau of National Affairs has esti14 mated that domestic violence costs United States 

15 employers between $3,000,000,000 and 

16 $5,000,000,000 annually in lost time and produc17 tivity, while other reports have estimated the cost at 

18 between $5,800,000,000 and $13,000,000,000 annu19 ally. 

20 (4) United States medical costs for domestic vi21 olence have been estimated to be $31,000,000,000 

22 per year. 

23 (5) Abusers frequently seek to exert financial 

24 control over their partners by actively interfering 

25 with their ability to work, including preventing their 
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1 partners from going to work, harassing their part2 ners at work, limiting the access of their partners to 

3 cash or transportation, and sabotaging the child care 

4 arrangements of their partners. 

5 (6) Domestic violence also affects perpetrators’ 

6 ability to work. A recent study found that 48 per7 cent of abusers reported having difficulty concen8 trating at work and 42 percent reported being late 

9 to work. Seventy-eight percent reported using their 

10 own company’s resources in connection with the abu11 sive relationship. 

12 (7) Studies indicate that between 35 and 56 

13 percent of employed battered women surveyed were 

14 harassed at work by their abusive partners. 

15 (8) Victims of domestic violence also frequently 

16 miss work due to injuries, court dates, and safety 

17 concerns requiring legal protections. Victims of do18 mestic violence lose 8,000,000 days of paid work 

19 each year—the equivalent of over 32,000 full-time 

20 jobs and 5,600,000 days of household productivity. 

21 (9) According to a 1998 report of the General 

Accounting Office, between 1⁄4 and 1 22 ⁄2 of domestic 

23 violence victims surveyed in 3 studies reported that 

24 they lost a job due, at least in part, to domestic vio25 lence. 
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1 (10) Women who have experienced domestic vi2 olence or dating violence are more likely than other 

3 women to be unemployed, to suffer from health 

4 problems that can affect employability and job per5 formance, to report lower personal income, and to 

6 rely on welfare. 

7 (11) The prevalence of sexual assault and other 

8 violence against women at work is also dramatic. 

9 About 36,500 individuals, 80 percent of whom are 

10 women, were raped or sexually assaulted in the 

11 workplace each year from 1993 through 1999. Half 

12 of all female victims of violent workplace crimes 

13 know their attackers. Nearly 1 out of 10 violent 

14 workplace incidents are committed by partners or 

15 spouses. Women who work for State and local gov16 ernments suffer a higher incidence of workplace as17 saults, including rapes, than women who work in the 

18 private sector. 

19 (12) Sexual assault, whether occurring in or out 

20 of the workplace, can impair an employee’s work 

21 performance, require time away from work, and un22 dermine the employee’s ability to maintain a job. Al23 most 50 percent of sexual assault survivors lose their 

24 jobs or are forced to quit in the aftermath of the as25 saults. 
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1 (13) More than 35 percent of stalking victims 

2 report losing time from work due to the stalking and 

3 7 percent never return to work. 

4 (14) Ninety-four percent of corporate security 

5 and safety directors at companies nationwide rank 

6 domestic violence as a high security concern. 

7 (15) Already, 27 States and the District of Co8 lumbia have laws that explicitly provide unemploy9 ment insurance to domestic violence victims in cer10 tain circumstances. However, these laws vary in the 

11 extent to which they effectively address the special 

12 circumstances of victims of domestic violence and 

13 very few of the laws explicitly cover victims of sexual 

14 assault or stalking. Moreover— 

15 (A) victims who do not receive unemploy16 ment insurance benefits often lack the economic 

17 independence they need to escape violent rela18 tionships; 

19 (B) victims who lose their jobs because of 

20 domestic or sexual violence have lost their jobs 

21 through no fault of their own, and thus are the 

22 intended beneficiaries of unemployment com23 pensation benefits; 

24 (C) under many State unemployment com25 pensation laws, victims of domestic or sexual vi-
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1 olence who separate from their jobs because of 

2 the violence may not be eligible to receive bene3 fits because of the circumstances of their sepa4 ration; 

5 (D) victims who must leave a job to relo6 cate to a safe location or to take other steps to 

7 secure their safety may be barred from unem8 ployment benefits on the grounds that they left 

9 a job voluntarily and without good cause; and 

10 (E) victims who have qualified for benefits 

11 may not be able to satisfy requirements con12 cerning availability for work or the suitability of 

13 potential work because of their ongoing safety 

14 needs. 

15 (16) Five States provide victims of domestic or 

16 sexual violence with leave from work to go to court, 

17 to the doctor, or to take other steps to address the 

18 violence in their lives, and several other States pro19 vide time off to victims of crimes, which can include 

20 victims of domestic and sexual violence, to attend 

21 court proceedings. However, many States have no 

22 employment-protected leave provisions that allow vic23 tims of domestic or sexual violence to take the time 

24 off they need to address the violence. 
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1 (17) Domestic and sexual violence victims have 

2 been subjected to discrimination by private and 

3 State employers, including discrimination motivated 

4 by sex and stereotypic notions about women. 

5 (18) Domestic violence victims and third parties 

6 who help them have been subjected to discriminatory 

7 practices by health, life, disability, and property and 

8 casualty insurers, and employers who self-insure em9 ployee benefits who have denied or canceled cov10 erage, rejected claims, and raised rates based on do11 mestic violence. Although some State legislatures 

12 have tried to address these problems, the scope of 

13 protection afforded by the laws adopted varies from 

14 State to State, with many failing to address the 

15 problem comprehensively. Moreover, Federal law 

16 prevents States from protecting the almost 40 per17 cent of employees whose employers self-insure em18 ployee benefits. 

19 (19) Existing Federal law does not explicitly— 

20 (A) authorize victims of domestic violence, 

21 dating violence, sexual assault, or stalking to 

22 take leave from work to seek legal assistance 

23 and redress, counseling, or assistance with safe24 ty planning activities; 
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1 (B) address the eligibility of victims of do2 mestic violence, dating violence, sexual assault, 

3 or stalking for unemployment compensation; 

4 (C) prohibit employment discrimination 

5 against actual or perceived victims of domestic 

6 violence, dating violence, sexual assault, or 

7 stalking; or 

8 (D) prohibit insurers and employers who 

9 self-insure employee benefits from discrimi10 nating against domestic violence victims and 

11 those who help them in determining eligibility, 

12 rates charged, and standards for payment of 

13 claims; nor does it prohibit insurers from disclo14 sure of information about abuse and the vic15 tim’s location through insurance databases and 

16 other means. 

17 SEC. 703. DEFINITIONS. 

18 In this title, except as otherwise expressly provided: 

19 (1) COMMERCE.—The terms ‘‘commerce’’ and 

20 ‘‘industry or activity affecting commerce’’ have the 

21 meanings given the terms in section 101 of the 

22 Family and Medical Leave Act of 1993 (29 U.S.C. 

23 2611). 

24 (2) COURSE OF CONDUCT.—The term ‘‘course 

25 of conduct’’ means a course of repeatedly maintain-
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1 ing a visual or physical proximity to a person or con2 veying verbal or written threats, including threats 

3 conveyed through electronic communications, or 

4 threats implied by conduct. 

5 (3) DATING VIOLENCE.—The term ‘‘dating vio6 lence’’ has the meaning given the term in section 

7 826 of the Higher Education Amendments of 1998 

8 (20 U.S.C. 1152). 

9 (4) DOMESTIC OR SEXUAL VIOLENCE.—The 

10 term ‘‘domestic or sexual violence’’ means domestic 

11 violence, dating violence, sexual assault, or stalking. 

12 (5) DOMESTIC VIOLENCE.—The term ‘‘domestic 

13 violence’’ has the meaning given the term in section 

14 826 of the Higher Education Amendments of 1998 

15 (20 U.S.C. 1152). 

16 (6) DOMESTIC VIOLENCE COALITION.—The 

17 term ‘‘domestic violence coalition’’ means a non18 profit, nongovernmental membership organization 

19 that— 

20 (A) consists of the entities carrying out a 

21 majority of the domestic violence programs car22 ried out within a State; 

23 (B) collaborates and coordinates activities 

24 with Federal, State, and local entities to further 
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1 the purposes of domestic violence intervention 

2 and prevention; and 

3 (C) among other activities, provides train4 ing and technical assistance to entities carrying 

5 out domestic violence programs within a State, 

6 territory, political subdivision, or area under 

7 Federal authority. 

8 (7) ELECTRONIC COMMUNICATIONS.—The term 

9 ‘‘electronic communications’’ includes communica10 tions via telephone, mobile phone, computer, email, 

11 video recorder, fax machine, telex, or pager. 

12 (8) EMPLOY; STATE.—The terms ‘‘employ’’ and 

13 ‘‘State’’ have the meanings given the terms in sec14 tion 3 of the Fair Labor Standards Act of 1938 (29 

15 U.S.C. 203). 

16 (9) EMPLOYEE.— 

17 (A) IN GENERAL.—The term ‘‘employee’’ 

18 means any person employed by an employer. In 

19 the case of an individual employed by a public 

20 agency, such term means an individual em21 ployed as described in section 3(e) of the Fair 

22 Labor Standards Act of 1938 (29 U.S.C. 

23 203(e)). 

24 (B) BASIS.—The term includes a person 

25 employed as described in subparagraph (A) on 
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1 a full- or part-time basis, for a fixed time pe2 riod, on a temporary basis, pursuant to a detail, 

3 as an independent contractor, or as a partici4 pant in a work assignment as a condition of re5 ceipt of Federal or State income-based public 

6 assistance. 

7 (10) EMPLOYER.—The term ‘‘employer’’— 

8 (A) means any person engaged in com9 merce or in any industry or activity affecting 

10 commerce who employs 15 or more individuals; 

11 and 

12 (B) includes any person acting directly or 

13 indirectly in the interest of an employer in rela14 tion to an employee, and includes a public agen15 cy, but does not include any labor organization 

16 (other than when acting as an employer) or 

17 anyone acting in the capacity of officer or agent 

18 of such labor organization. 

19 (11) EMPLOYMENT BENEFITS.—The term ‘‘em20 ployment benefits’’ means all benefits provided or 

21 made available to employees by an employer, includ22 ing group life insurance, health insurance, disability 

23 insurance, sick leave, annual leave, educational bene24 fits, and pensions, regardless of whether such bene25 fits are provided by a practice or written policy of 
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1 an employer or through an ‘‘employee benefit plan’’, 

2 as defined in section 3(3) of the Employee Retire3 ment Income Security Act of 1974 (29 U.S.C. 

4 1002(3)). 

5 (12) FAMILY OR HOUSEHOLD MEMBER.—The 

6 term ‘‘family or household member’’ means a non7 abusive spouse, former spouse, parent, son or daugh8 ter, or person residing or formerly residing in the 

9 same dwelling unit. 

10 (13) PARENT; SON OR DAUGHTER.—The terms 

11 ‘‘parent’’ and ‘‘son or daughter’’ have the meanings 

12 given the terms in section 101 of the Family and 

13 Medical Leave Act of 1993 (29 U.S.C. 2611). 

14 (14) PERSON.—The term ‘‘person’’ has the 

15 meaning given the term in section 3 of the Fair 

16 Labor Standards Act of 1938 (29 U.S.C. 203). 

17 (15) PUBLIC AGENCY.—The term ‘‘public agen18 cy’’ has the meaning given the term in section 3 of 

19 the Fair Labor Standards Act of 1938 (29 U.S.C. 

20 203). 

21 (16) PUBLIC ASSISTANCE.—The term ‘‘public 

22 assistance’’ includes cash, food stamps, medical as23 sistance, housing assistance, and other benefits pro24 vided on the basis of income by a public agency. 
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1 (17) REDUCED LEAVE SCHEDULE.—The term 

2 ‘‘reduced leave schedule’’ means a leave schedule 

3 that reduces the usual number of hours per work4 week, or hours per workday, of an employee. 

5 (18) REPEATEDLY.—The term ‘‘repeatedly’’ 

6 means on 2 or more occasions. 

7 (19) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Labor. 

9 (20) SEXUAL ASSAULT.—The term ‘‘sexual as10 sault’’ has the meaning given the term in section 

11 826 of the Higher Education Amendments of 1998 

12 (20 U.S.C. 1152). 

13 (21) SEXUAL ASSAULT COALITION.—The term 

14 ‘‘sexual assault coalition’’ means a nonprofit, non15 governmental membership organization that— 

16 (A) consists of the entities carrying out a 

17 majority of the sexual assault programs carried 

18 out within a State; 

19 (B) collaborates and coordinates activities 

20 with Federal, State, and local entities to further 

21 the purposes of sexual assault intervention and 

22 prevention; and 

23 (C) among other activities, provides train24 ing and technical assistance to entities carrying 

25 out sexual assault programs within a State, ter-
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1 ritory, political subdivision, or area under Fed2 eral authority. 

3 (22) STALKING.—The term ‘‘stalking’’ means 

4 engaging in a course of conduct directed at a spe5 cific person that would cause a reasonable person to 

6 suffer substantial emotional distress or to fear bodily 

7 injury, sexual assault, or death to the person, or the 

8 person’s spouse, parent, or son or daughter, or any 

9 other person who regularly resides in the person’s 

10 household, if the conduct causes the specific person 

11 to have such distress or fear. 

12 (23) VICTIM SERVICES ORGANIZATION.—The 

13 term ‘‘victim services organization’’ means a non14 profit, nongovernmental organization that provides 

15 assistance to victims of domestic or sexual violence 

16 or to advocates for such victims, including a rape 

17 crisis center, an organization carrying out a domes18 tic violence program, an organization operating a 

19 shelter or providing counseling services, or an orga20 nization providing assistance through the legal proc21 ess. 
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1 Subtitle A—Entitlement to Emer2 gency Leave for Addressing Do3 mestic or Sexual Violence 

4 SEC. 711. PURPOSES. 

5 The purposes of this subtitle are, pursuant to the af6 firmative power of Congress to enact legislation under the 

7 portions of section 8 of article I of the Constitution relat8 ing to providing for the general welfare and to regulation 

9 of commerce among the several States, and under section 

10 5 of the 14th amendment to the Constitution— 

11 (1) to promote the national interest in reducing 

12 domestic violence, dating violence, sexual assault, 

13 and stalking by enabling victims of domestic or sex14 ual violence to maintain the financial independence 

15 necessary to leave abusive situations, achieve safety, 

16 and minimize the physical and emotional injuries 

17 from domestic or sexual violence, and to reduce the 

18 devastating economic consequences of domestic or 

19 sexual violence to employers and employees; 

20 (2) to promote the national interest in ensuring 

21 that victims of domestic or sexual violence can re22 cover from and cope with the effects of such vio23 lence, and participate in criminal and civil justice 

24 processes, without fear of adverse economic con25 sequences from their employers; 
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1 (3) to ensure that victims of domestic or sexual 

2 violence can recover from and cope with the effects 

3 of such violence, and participate in criminal and civil 

4 justice processes, without fear of adverse economic 

5 consequences with respect to public benefits; 

6 (4) to promote the purposes of the 14th amend7 ment by preventing sex-based discrimination and 

8 discrimination against victims of domestic and sex9 ual violence in employment leave, addressing the 

10 failure of existing laws to protect the employment 

11 rights of victims of domestic or sexual violence, by 

12 protecting their civil and economic rights, and by 

13 furthering the equal opportunity of women for eco14 nomic self-sufficiency and employment free from dis15 crimination; 

16 (5) to minimize the negative impact on inter17 state commerce from dislocations of employees and 

18 harmful effects on productivity, employment, health 

19 care costs, and employer costs, caused by domestic 

20 or sexual violence, including intentional efforts to 

21 frustrate women’s ability to participate in employ22 ment and interstate commerce; 

23 (6) to further the goals of human rights and 

24 dignity reflected in instruments such as the United 

25 Nations Charter, the Universal Declaration of 
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1 Human Rights, and the International Covenant on 

2 Civil and Political Rights; and 

3 (7) to accomplish the purposes described in 

4 paragraphs (1) through (6) by— 

5 (A) entitling employed victims of domestic 

6 or sexual violence to take leave to seek medical 

7 help, legal assistance, counseling, safety plan8 ning, and other assistance without penalty from 

9 their employers; and 

10 (B) prohibiting employers from discrimi11 nating against actual or perceived victims of do12 mestic or sexual violence, in a manner that ac13 commodates the legitimate interests of employ14 ers and protects the safety of all persons in the 

15 workplace. 

16 SEC. 712. ENTITLEMENT TO EMERGENCY LEAVE FOR AD17 DRESSING DOMESTIC OR SEXUAL VIOLENCE. 

18 (a) LEAVE REQUIREMENT.— 

19 (1) BASIS.—An employee who is a victim of do20 mestic or sexual violence may take leave from work 

21 to address domestic or sexual violence, by— 

22 (A) seeking medical attention for, or recov23 ering from, physical or psychological injuries 

24 caused by domestic or sexual violence to the 
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1 employee or the employee’s family or household 

2 member; 

3 (B) obtaining services from a victim serv4 ices organization for the employee or the em5 ployee’s family or household member; 

6 (C) obtaining psychological or other coun7 seling for the employee or the employee’s family 

8 or household member; 

9 (D) participating in safety planning, tem10 porarily or permanently relocating, or taking 

11 other actions to increase the safety of the em12 ployee or the employee’s family or household 

13 member from future domestic or sexual violence 

14 or ensure economic security; or 

15 (E) seeking legal assistance or remedies to 

16 ensure the health and safety of the employee or 

17 the employee’s family or household member, in18 cluding preparing for or participating in any 

19 civil or criminal legal proceeding related to or 

20 derived from domestic or sexual violence. 

21 (2) PERIOD.—An employee may take not more 

22 than 30 days of leave, as described in paragraph (1), 

23 in any 12-month period. 
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1 (3) SCHEDULE.—Leave described in paragraph 

2 (1) may be taken intermittently or on a reduced 

3 leave schedule. 

4 (b) NOTICE.—The employee shall provide the em5 ployer with reasonable notice of the employee’s intention 

6 to take the leave, unless providing such notice is not prac7 ticable. 

8 (c) CERTIFICATION.— 

9 (1) IN GENERAL.—The employer may require 

10 the employee to provide certification to the employer 

11 that— 

12 (A) the employee or the employee’s family 

13 or household member is a victim of domestic or 

14 sexual violence; and 

15 (B) the leave is for 1 of the purposes enu16 merated in subsection (a)(1). 

17 The employee shall provide a copy of such certifi18 cation to the employer within a reasonable period 

19 after the employer requests certification. 

20 (2) CONTENTS.—An employee may satisfy the 

21 certification requirement of paragraph (1) by pro22 viding to the employer— 

23 (A) a sworn statement of the employee; 

24 (B) documentation from an employee, 

25 agent, or volunteer of a victim services organi-
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1 zation, an attorney, a member of the clergy, or 

2 a medical or other professional, from whom the 

3 employee or the employee’s family or household 

4 member has sought assistance in addressing do5 mestic or sexual violence and the effects of the 

6 violence; 

7 (C) a police or court record; or 

8 (D) other corroborating evidence. 

9 (d) CONFIDENTIALITY.—All information provided to 

10 the employer pursuant to subsection (b) or (c), including 

11 a statement of the employee or any other documentation, 

12 record, or corroborating evidence, and the fact that the 

13 employee has requested or obtained leave pursuant to this 

14 section, shall be retained in the strictest confidence by the 

15 employer, except to the extent that disclosure is— 

16 (1) requested or consented to by the employee 

17 in writing; or 

18 (2) otherwise required by applicable Federal or 

19 State law. 

20 (e) EMPLOYMENT AND BENEFITS.— 

21 (1) RESTORATION TO POSITION.— 

22 (A) IN GENERAL.—Except as provided in 

23 paragraph (2), any employee who takes leave 

24 under this section for the intended purpose of 
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1 the leave shall be entitled, on return from such 

2 leave— 

3 (i) to be restored by the employer to 

4 the position of employment held by the em5 ployee when the leave commenced; or 

6 (ii) to be restored to an equivalent po7 sition with equivalent employment benefits, 

8 pay, and other terms and conditions of em9 ployment. 

10 (B) LOSS OF BENEFITS.—The taking of 

11 leave under this section shall not result in the 

12 loss of any employment benefit accrued prior to 

13 the date on which the leave commenced. 

14 (C) LIMITATIONS.—Nothing in this sub15 section shall be construed to entitle any re16 stored employee to— 

17 (i) the accrual of any seniority or em18 ployment benefits during any period of 

19 leave; or 

20 (ii) any right, benefit, or position of 

21 employment other than any right, benefit, 

22 or position to which the employee would 

23 have been entitled had the employee not 

24 taken the leave. 
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1 (D) CONSTRUCTION.—Nothing in this 

2 paragraph shall be construed to prohibit an em3 ployer from requiring an employee on leave 

4 under this section to report periodically to the 

5 employer on the status and intention of the em6 ployee to return to work. 

7 (2) EXEMPTION CONCERNING CERTAIN HIGHLY

8 COMPENSATED EMPLOYEES.— 

9 (A) DENIAL OF RESTORATION.—An em10 ployer may deny restoration under paragraph 

11 (1) to any employee described in subparagraph 

12 (B) if— 

13 (i) such denial is necessary to prevent 

14 substantial and grievous economic injury to 

15 the operations of the employer; 

16 (ii) the employer notifies the employee 

17 of the intent of the employer to deny res18 toration on such basis at the time the em19 ployer determines that such injury would 

20 occur; and 

21 (iii) in any case in which the leave has 

22 commenced, the employee elects not to re23 turn to employment after receiving such 

24 notice. 
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•HR 3171 IH 

1 (B) AFFECTED EMPLOYEES.—An employee 

2 referred to in subparagraph (A) is a salaried 

3 employee who is among the highest paid 10 per4 cent of the employees employed by the employer 

5 within 75 miles of the facility at which the em6 ployee is employed. 

7 (3) MAINTENANCE OF HEALTH BENEFITS.— 

8 (A) COVERAGE.—Except as provided in 

9 subparagraph (B), during any period that an 

10 employee takes leave under this section, the em11 ployer shall maintain coverage under any group 

12 health plan (as defined in section 5000(b)(1) of 

13 the Internal Revenue Code of 1986) for the du14 ration of such leave at the level and under the 

15 conditions coverage would have been provided if 

16 the employee had continued in employment con17 tinuously for the duration of such leave. 

18 (B) FAILURE TO RETURN FROM LEAVE.— 

19 The employer may recover the premium that 

20 the employer paid for maintaining coverage for 

21 the employee under such group health plan dur22 ing any period of leave under this section if— 

23 (i) the employee fails to return from 

24 leave under this section after the period of 
225 

•HR 3171 IH 

1 leave to which the employee is entitled has 

2 expired; and 

3 (ii) the employee fails to return to 

4 work for a reason other than— 

5 (I) the continuation, recurrence, 

6 or onset of domestic or sexual vio7 lence, that entitles the employee to 

8 leave pursuant to this section; or 

9 (II) other circumstances beyond 

10 the control of the employee. 

11 (C) CERTIFICATION.— 

12 (i) ISSUANCE.—An employer may re13 quire an employee who claims that the em14 ployee is unable to return to work because 

15 of a reason described in subclause (I) or 

16 (II) of subparagraph (B)(ii) to provide, 

17 within a reasonable period after making 

18 the claim, certification to the employer 

19 that the employee is unable to return to 

20 work because of that reason. 

21 (ii) CONTENTS.—An employee may 

22 satisfy the certification requirement of 

23 clause (i) by providing to the employer— 

24 (I) a sworn statement of the em25 ployee; 
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•HR 3171 IH 

1 (II) documentation from an em2 ployee, agent, or volunteer of a victim 

3 services organization, an attorney, a 

4 member of the clergy, or a medical or 

5 other professional, from whom the 

6 employee has sought assistance in ad7 dressing domestic or sexual violence 

8 and the effects of that violence; 

9 (III) a police or court record; or 

10 (IV) other corroborating evi11 dence. 

12 (D) CONFIDENTIALITY.—All information 

13 provided to the employer pursuant to subpara14 graph (C), including a statement of the em15 ployee or any other documentation, record, or 

16 corroborating evidence, and the fact that the 

17 employee is not returning to work because of a 

18 reason described in subclause (I) or (II) of sub19 paragraph (B)(ii) shall be retained in the strict20 est confidence by the employer, except to the 

21 extent that disclosure is— 

22 (i) requested or consented to by the 

23 employee; or 

24 (ii) otherwise required by applicable 

25 Federal or State law. 
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1 (f) PROHIBITED ACTS.— 

2 (1) INTERFERENCE WITH RIGHTS.— 

3 (A) EXERCISE OF RIGHTS.—It shall be un4 lawful for any employer to interfere with, re5 strain, or deny the exercise of or the attempt to 

6 exercise, any right provided under this section. 

7 (B) EMPLOYER DISCRIMINATION.—It shall 

8 be unlawful for any employer to discharge or 

9 harass any individual, or otherwise discriminate 

10 against any individual with respect to com11 pensation, terms, conditions, or privileges of 

12 employment of the individual (including retalia13 tion in any form or manner) because the indi14 vidual— 

15 (i) exercised any right provided under 

16 this section; or 

17 (ii) opposed any practice made unlaw18 ful by this section. 

19 (C) PUBLIC AGENCY SANCTIONS.—It shall 

20 be unlawful for any public agency to deny, re21 duce, or terminate the benefits of, otherwise 

22 sanction, or harass any individual, or otherwise 

23 discriminate against any individual with respect 

24 to the amount, terms, or conditions of public 

25 assistance of the individual (including retalia-
228 

•HR 3171 IH 

1 tion in any form or manner) because the indi2 vidual— 

3 (i) exercised any right provided under 

4 this section; or 

5 (ii) opposed any practice made unlaw6 ful by this section. 

7 (2) INTERFERENCE WITH PROCEEDINGS OR IN8 QUIRIES.—It shall be unlawful for any person to dis9 charge or in any other manner discriminate (as de10 scribed in subparagraph (B) or (C) of paragraph 

11 (1)) against any individual because such indi12 vidual— 

13 (A) has filed any charge, or has instituted 

14 or caused to be instituted any proceeding, 

15 under or related to this section; 

16 (B) has given, or is about to give, any in17 formation in connection with any inquiry or 

18 proceeding relating to any right provided under 

19 this section; or 

20 (C) has testified, or is about to testify, in 

21 any inquiry or proceeding relating to any right 

22 provided under this section. 

23 (g) ENFORCEMENT.— 

24 (1) CIVIL ACTION BY AFFECTED INDIVID25 UALS.— 
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•HR 3171 IH 

1 (A) LIABILITY.—Any employer or public 

2 agency that violates subsection (f) shall be lia3 ble to any individual affected— 

4 (i) for damages equal to— 

5 (I) the amount of— 

6 (aa) any wages, salary, em7 ployment benefits, public assist8 ance, or other compensation de9 nied or lost to such individual by 

10 reason of the violation; or 

11 (bb) in a case in which 

12 wages, salary, employment bene13 fits, public assistance, or other 

14 compensation has not been de15 nied or lost to the individual, any 

16 actual monetary losses sustained 

17 by the individual as a direct re18 sult of the violation; 

19 (II) the interest on the amount 

20 described in subclause (I) calculated 

21 at the prevailing rate; and 

22 (III) an additional amount as liq23 uidated damages equal to the sum of 

24 the amount described in subclause (I) 

25 and the interest described in sub-
230 

•HR 3171 IH 

1 clause (II), except that if an employer 

2 or public agency that has violated 

3 subsection (f) proves to the satisfac4 tion of the court that the act or omis5 sion that violated subsection (f) was 

6 in good faith and that the employer or 

7 public agency had reasonable grounds 

8 for believing that the act or omission 

9 was not a violation of subsection (f), 

10 such court may, in the discretion of 

11 the court, reduce the amount of the li12 ability to the amount and interest de13 termined under subclauses (I) and 

14 (II), respectively; and 

15 (ii) for such equitable relief as may be 

16 appropriate, including employment, rein17 statement, and promotion. 

18 (B) RIGHT OF ACTION.—An action to re19 cover the damages or equitable relief prescribed 

20 in subparagraph (A) may be maintained against 

21 any employer or public agency in any Federal 

22 or State court of competent jurisdiction by any 

23 1 or more affected individuals for and on behalf 

24 of— 

25 (i) the individuals; or 
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1 (ii) the individuals and other individ2 uals similarly situated. 

3 (C) FEES AND COSTS.—The court in such 

4 an action shall, in addition to any judgment 

5 awarded to the plaintiff, allow a reasonable at6 torney’s fee, reasonable expert witness fees, and 

7 other costs of the action to be paid by the de8 fendant. 

9 (D) LIMITATIONS.—The right provided by 

10 subparagraph (B) to bring an action by or on 

11 behalf of any affected individual shall termi12 nate— 

13 (i) on the filing of a complaint by the 

14 Secretary in an action under paragraph (4) 

15 in which restraint is sought of any further 

16 delay in the payment of the amount de17 scribed in subparagraph (A)(i) to such in18 dividual by an employer or public agency 

19 responsible under subparagraph (A) for 

20 the payment; or 

21 (ii) on the filing of a complaint by the 

22 Secretary in an action under paragraph (2) 

23 in which a recovery is sought of the dam24 ages described in subparagraph (A)(i) 

25 owing to an affected individual by an em-
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1 ployer or public agency liable under sub2 paragraph (A), unless the action described 

3 in clause (i) or (ii) is dismissed without 

4 prejudice on motion of the Secretary. 

5 (2) ACTION BY THE SECRETARY.— 

6 (A) ADMINISTRATIVE ACTION.—The Sec7 retary shall receive, investigate, and attempt to 

8 resolve complaints of violations of subsection (f) 

9 in the same manner as the Secretary receives, 

10 investigates, and attempts to resolve complaints 

11 of violations of sections 6 and 7 of the Fair 

12 Labor Standards Act of 1938 (29 U.S.C. 206 

13 and 207). 

14 (B) CIVIL ACTION.—The Secretary may 

15 bring an action in any court of competent juris16 diction to recover the damages described in 

17 paragraph (1)(A)(i). 

18 (C) SUMS RECOVERED.—Any sums recov19 ered by the Secretary pursuant to subparagraph 

20 (B) shall be held in a special deposit account 

21 and shall be paid, on order of the Secretary, di22 rectly to each individual affected. Any such 

23 sums not paid to such an individual because of 

24 inability to do so within a period of 3 years 
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1 shall be deposited into the Treasury of the 

2 United States as miscellaneous receipts. 

3 (3) LIMITATION.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), an action may be brought 

6 under this subsection not later than 2 years 

7 after the date of the last event constituting the 

8 alleged violation for which the action is brought. 

9 (B) WILLFUL VIOLATION.—In the case of 

10 such action brought for a willful violation of 

11 subsection (f), such action may be brought 

12 within 3 years after the date of the last event 

13 constituting the alleged violation for which such 

14 action is brought. 

15 (C) COMMENCEMENT.—In determining 

16 when an action is commenced by the Secretary 

17 under this subsection for the purposes of this 

18 paragraph, it shall be considered to be com19 menced on the date when the complaint is filed. 

20 (4) ACTION FOR INJUNCTION BY SECRETARY.— 

21 The district courts of the United States shall have 

22 jurisdiction, for cause shown, in an action brought 

23 by the Secretary— 

24 (A) to restrain violations of subsection (f), 

25 including the restraint of any withholding of 
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1 payment of wages, salary, employment benefits, 

2 public assistance, or other compensation, plus 

3 interest, found by the court to be due to af4 fected individuals; or 

5 (B) to award such other equitable relief as 

6 may be appropriate, including employment, re7 instatement, and promotion. 

8 (5) SOLICITOR OF LABOR.—The Solicitor of 

9 Labor may appear for and represent the Secretary 

10 on any litigation brought under this subsection. 

11 (6) EMPLOYER LIABILITY UNDER OTHER

12 LAWS.—Nothing in this section shall be construed to 

13 limit the liability of an employer or public agency to 

14 an individual, for harm suffered relating to the indi15 vidual’s experience of domestic or sexual violence, 

16 pursuant to any other Federal or State law, includ17 ing a law providing for a legal remedy. 

18 SEC. 713. EXISTING LEAVE USABLE FOR ADDRESSING DO19 MESTIC OR SEXUAL VIOLENCE. 

20 An employee who is entitled to take paid or unpaid 

21 leave (including family, medical, sick, annual, personal, or 

22 similar leave) from employment, pursuant to State or local 

23 law, a collective bargaining agreement, or an employment 

24 benefits program or plan, may elect to substitute any pe-
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1 riod of such leave for an equivalent period of leave pro2 vided under section 712. 

3 SEC. 714. EMERGENCY BENEFITS. 

4 (a) IN GENERAL.—A State may use funds provided 

5 to the State under part A of title IV of the Social Security 

6 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short7 term emergency benefits to an individual for any period 

8 of leave the individual takes pursuant to section 712. 

9 (b) ELIGIBILITY.—In calculating the eligibility of an 

10 individual for such emergency benefits, the State shall 

11 count only the cash available or accessible to the indi12 vidual. 

13 (c) TIMING.— 

14 (1) APPLICATIONS.—An individual seeking 

15 emergency benefits under subsection (a) from a 

16 State shall submit an application to the State. 

17 (2) BENEFITS.—The State shall provide bene18 fits to an eligible applicant under paragraph (1) on 

19 an expedited basis, and not later than 7 days after 

20 the applicant submits an application under para21 graph (1). 

22 (d) CONFORMING AMENDMENT.—Section 404 of the 

23 Social Security Act (42 U.S.C. 604) is amended by adding 

24 at the end the following: 
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1 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE2 FITS.—A State that receives a grant under section 403 

3 may use the grant to provide nonrecurrent short-term 

4 emergency benefits, in accordance with section 104 of the 

5 Security and Financial Empowerment Act, to individuals 

6 who take leave pursuant to section 102 of that Act, with7 out regard to whether the individuals receive assistance 

8 under the State program funded under this part.’’. 

9 SEC. 715. EFFECT ON OTHER LAWS AND EMPLOYMENT BEN10 EFITS. 

11 (a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO12 GRAMS, AND PLANS.—Nothing in this subtitle shall be 

13 construed to supersede any provision of any Federal, 

14 State, or local law, collective bargaining agreement, or em15 ployment benefits program or plan that provides— 

16 (1) greater leave benefits for victims of domes17 tic or sexual violence than the rights established 

18 under this subtitle; or 

19 (2) leave benefits for a larger population of vic20 tims of domestic or sexual violence (as defined in 

21 such law, agreement, program, or plan) than the vic22 tims of domestic or sexual violence covered under 

23 this subtitle. 

24 (b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO25 GRAMS, AND PLANS.—The rights established for victims 
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1 of domestic or sexual violence under this subtitle shall not 

2 be diminished by any State or local law, collective bar3 gaining agreement, or employment benefits program or 

4 plan. 

5 SEC. 716. CONFORMING AMENDMENT. 

6 Section 1003(a)(1) of the Rehabilitation Act Amend7 ments of 1986 (42 U.S.C. 2000d–7(a)(1)) is amended by 

8 inserting ‘‘title I or III of the Security and Financial Em9 powerment Act,’’ before ‘‘or the provisions’’. 

10 SEC. 717. EFFECTIVE DATE. 

11 This subtitle and the amendment made by this sub12 title take effect 180 days after the date of enactment of 

13 this Act. 

14 Subtitle B—Entitlement to Unem15 ployment Compensation for Vic16 tims of Domestic Violence, Dat17 ing Violence, Sexual Assault, or 

18 Stalking 

19 SEC. 721. PURPOSES. 

20 The purposes of this subtitle are, pursuant to the af21 firmative power of Congress to enact legislation under the 

22 portions of section 8 of article I of the Constitution relat23 ing to laying and collecting taxes, providing for the general 

24 welfare, and regulation of commerce among the several 
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1 States, and under section 5 of the 14th amendment to 

2 the Constitution— 

3 (1) to promote the national interest in reducing 

4 domestic violence, dating violence, sexual assault, 

5 and stalking by enabling victims of domestic or sex6 ual violence to maintain the financial independence 

7 necessary to leave abusive situations, achieve safety, 

8 and minimize the physical and emotional injuries 

9 from domestic or sexual violence, and to reduce the 

10 devastating economic consequences of domestic or 

11 sexual violence to employers and employees; 

12 (2) to promote the national interest in ensuring 

13 that victims of domestic or sexual violence can re14 cover from and cope with the effects of such victim15 ization and participate in the criminal and civil jus16 tice processes without fear of adverse economic con17 sequences; 

18 (3) to minimize the negative impact on inter19 state commerce from dislocations of employees and 

20 harmful effects on productivity, loss of employment, 

21 health care costs, and employer costs, caused by do22 mestic or sexual violence including intentional efforts 

23 to frustrate the ability of women to participate in 

24 employment and interstate commerce; 
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1 (4) to promote the purposes of the 14th amend2 ment to the Constitution by preventing sex-based 

3 discrimination and discrimination against victims of 

4 domestic and sexual violence in unemployment insur5 ance, by addressing the failure of existing laws to 

6 protect the employment rights of victims of domestic 

7 or sexual violence, by protecting their civil and eco8 nomic rights, and by furthering the equal oppor9 tunity of women for economic self-sufficiency and 

10 employment free from discrimination; and 

11 (5) to accomplish the purposes described in 

12 paragraphs (1) through (4) by providing unemploy13 ment insurance to those who are separated from 

14 their employment as a result of domestic or sexual 

15 violence, in a manner that accommodates the legiti16 mate interests of employers and protects the safety 

17 of all persons in the workplace. 

18 SEC. 722. UNEMPLOYMENT COMPENSATION AND TRAINING 

19 PROVISIONS. 

20 (a) UNEMPLOYMENT COMPENSATION.—Section 3304 

21 of the Internal Revenue Code of 1986 (relating to approval 

22 of State unemployment compensation laws) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (18), by striking ‘‘and’’ 

25 at the end; 
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1 (B) by redesignating paragraph (19) as 

2 paragraph (20); and 

3 (C) by inserting after paragraph (18) the 

4 following new paragraph: 

5 ‘‘(19) compensation shall not be denied where 

6 an individual is separated from employment due to 

7 circumstances resulting from the individual’s experi8 ence of domestic or sexual violence, nor shall States 

9 impose additional conditions that restrict the indi10 vidual’s eligibility for or receipt of benefits beyond 

11 those required of other individuals who are forced to 

12 leave their jobs or are deemed to have good cause 

13 for voluntarily separating from a job in the State; 

14 and’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(g) CONSTRUCTION.—For purposes of subsection 

18 (a)(19)— 

19 ‘‘(1) DOCUMENTATION.—In determining eligi20 bility for compensation due to circumstances result21 ing from an individual’s experience of domestic or 

22 sexual violence— 

23 ‘‘(A) States shall adopt, or have adopted, 

24 by statute, regulation, or policy a list of forms 
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1 of documentation that may be presented to 

2 demonstrate eligibility, and 

3 ‘‘(B) presentation of any one of such forms 

4 of documentation shall be sufficient to dem5 onstrate eligibility, except that a State may re6 quire the presentation of a form of identifica7 tion in addition to the written statement of 

8 claimant described in paragraph (2)(G). 

9 ‘‘(2) LIST OF FORMS OF DOCUMENTATION.— 

10 The list referred to in paragraph (1)(A) shall include 

11 not less than 3 of the following forms of documenta12 tion: 

13 ‘‘(A) An order of protection or other docu14 mentation issued by a court. 

15 ‘‘(B) A police report or criminal charges 

16 documenting the domestic or sexual violence. 

17 ‘‘(C) Documentation that the perpetrator 

18 has been convicted of the offense of domestic or 

19 sexual violence. 

20 ‘‘(D) Medical documentation of the domes21 tic or sexual violence. 

22 ‘‘(E) Evidence of domestic or sexual vio23 lence from a counselor, social worker, health 

24 worker, or domestic violence shelter worker. 
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1 ‘‘(F) A written statement that the appli2 cant or the applicant’s minor child is a victim 

3 of domestic or sexual violence, provided by a so4 cial worker, member of the clergy, shelter work5 er, attorney at law, or other professional who 

6 has assisted the applicant in dealing with the 

7 domestic or sexual violence. 

8 ‘‘(G) A written statement of the claimant. 

9 ‘‘(3) DOMESTIC OR SEXUAL VIOLENCE DE10 FINED.—The term ‘domestic or sexual violence’ has 

11 the meaning given such term in section 3 of the Se12 curity and Financial Empowerment Act.’’. 

13 (b) UNEMPLOYMENT COMPENSATION PERSONNEL

14 TRAINING.—Section 303(a) of the Social Security Act (42 

15 U.S.C. 503(a)) is amended— 

16 (1) by redesignating paragraphs (4) through 

17 (10) as paragraphs (5) through (11), respectively; 

18 and 

19 (2) by inserting after paragraph (3) the fol20 lowing new paragraph: 

21 ‘‘(4) Such methods of administration as will en22 sure that— 

23 ‘‘(A) applicants for unemployment com24 pensation and individuals inquiring about such 

25 compensation are adequately notified of the 
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1 provisions of subsections (a)(19) and (g) of sec2 tion 3304 of the Internal Revenue Code of 1986 

3 (relating to the availability of unemployment 

4 compensation for victims of domestic or sexual 

5 violence); and 

6 ‘‘(B) claims reviewers and hearing per7 sonnel are adequately trained in— 

8 ‘‘(i) the nature and dynamics of do9 mestic or sexual violence (as defined in 

10 section 3 of the Security and Financial 

11 Empowerment Act); and 

12 ‘‘(ii) methods of ascertaining and 

13 keeping confidential information about pos14 sible experiences of domestic or sexual vio15 lence (as so defined) to ensure that— 

16 ‘‘(I) requests for unemployment 

17 compensation based on separations 

18 stemming from such violence are reli19 ably screened, identified, and adju20 dicated; and 

21 ‘‘(II) full confidentiality is pro22 vided for the individual’s claim and 

23 submitted evidence; and’’. 

24 (c) EFFECTIVE DATE.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 shall apply in the case of compensation paid for 

4 weeks beginning on or after the expiration of 180 

5 days from the date of enactment of this Act. 

6 (2) EXTENSION OF EFFECTIVE DATE FOR

7 STATE LAW AMENDMENT.— 

8 (A) IN GENERAL.—If the Secretary of 

9 Labor identifies a State as requiring a change 

10 to its statutes, regulations, or policies in order 

11 to comply with the amendments made by this 

12 section, such amendments shall apply in the 

13 case of compensation paid for weeks beginning 

14 after the earlier of— 

15 (i) the date the State changes its stat16 utes, regulations, or policies in order to 

17 comply with such amendments; or 

18 (ii) the end of the first session of the 

19 State legislature which begins after the 

20 date of enactment of this Act or which 

21 began prior to such date and remained in 

22 session for at least 25 calendar days after 

23 such date; 
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1 except that in no case shall such amendments 

2 apply before the date that is 180 days after the 

3 date of enactment of this Act. 

4 (B) SESSION DEFINED.—In this para5 graph, the term ‘‘session’’ means a regular, spe6 cial, budget, or other session of a State legisla7 ture. 

8 (d) EFFECT ON EXISTING LAWS, ETC.— 

9 (1) MORE PROTECTIVE LAWS, AGREEMENTS, 

10 PROGRAMS, AND PLANS.—Nothing in this subtitle 

11 shall be construed to supersede any provision of any 

12 Federal, State, or local law, collective bargaining 

13 agreement, or employment benefits program or plan 

14 that provides greater unemployment insurance bene15 fits for victims of domestic or sexual violence than 

16 the rights established under this subtitle. 

17 (2) LESS PROTECTIVE LAWS, AGREEMENTS, 

18 PROGRAMS, AND PLANS.—The rights established for 

19 victims of domestic or sexual violence under this 

20 subtitle shall not be diminished by any more restric21 tive State or local law, collective bargaining agree22 ment, or employment benefits program or plan. 
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1 Subtitle C—Victims’ Employment 

2 Sustainability 

3 SEC. 731. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Victims’ Employ5 ment Sustainability Act’’. 

6 SEC. 732. PURPOSES. 

7 The purposes of this subtitle are, pursuant to the af8 firmative power of Congress to enact legislation under the 

9 portions of section 8 of article I of the Constitution relat10 ing to providing for the general welfare and to regulation 

11 of commerce among the several States, and under section 

12 5 of the 14th amendment to the Constitution— 

13 (1) to promote the national interest in reducing 

14 domestic violence, dating violence, sexual assault, 

15 and stalking by enabling victims of domestic or sex16 ual violence to maintain the financial independence 

17 necessary to leave abusive situations, achieve safety, 

18 and minimize the physical and emotional injuries 

19 from domestic or sexual violence, and to reduce the 

20 devastating economic consequences of domestic or 

21 sexual violence to employers and employees; 

22 (2) to promote the national interest in ensuring 

23 that victims of domestic or sexual violence can re24 cover from and cope with the effects of such vio25 lence, and participate in criminal and civil justice 
247 

•HR 3171 IH 

1 processes, without fear of adverse economic con2 sequences from their employers; 

3 (3) to ensure that victims of domestic or sexual 

4 violence can recover from and cope with the effects 

5 of such violence, and participate in criminal and civil 

6 justice processes, without fear of adverse economic 

7 consequences with respect to public benefits; 

8 (4) to promote the purposes of the 14th amend9 ment to the Constitution by preventing sex-based 

10 discrimination and discrimination against victims of 

11 domestic and sexual violence in employment, by ad12 dressing the failure of existing laws to protect the 

13 employment rights of victims of domestic or sexual 

14 violence, by protecting the civil and economic rights 

15 of victims of domestic or sexual violence, and by fur16 thering the equal opportunity of women for economic 

17 self-sufficiency and employment free from discrimi18 nation; 

19 (5) to minimize the negative impact on inter20 state commerce from dislocations of employees and 

21 harmful effects on productivity, employment, health 

22 care costs, and employer costs, caused by domestic 

23 or sexual violence, including intentional efforts to 

24 frustrate women’s ability to participate in employ25 ment and interstate commerce; and 
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1 (6) to accomplish the purposes described in 

2 paragraphs (1) through (5) by prohibiting employers 

3 from discriminating against actual or perceived vic4 tims of domestic or sexual violence, in a manner that 

5 accommodates the legitimate interests of employers 

6 and protects the safety of all persons in the work7 place. 

8 SEC. 733. PROHIBITED DISCRIMINATORY ACTS. 

9 (a) IN GENERAL.—An employer shall not fail to hire, 

10 refuse to hire, discharge, or harass any individual, or oth11 erwise discriminate against any individual with respect to 

12 the compensation, terms, conditions, or privileges of em13 ployment of the individual (including retaliation in any 

14 form or manner), and a public agency shall not deny, re15 duce, or terminate the benefits of, otherwise sanction, or 

16 harass any individual, or otherwise discriminate against 

17 any individual with respect to the amount, terms, or condi18 tions of public assistance of the individual (including retal19 iation in any form or manner), because— 

20 (1) the individual involved— 

21 (A) is or is perceived to be a victim of do22 mestic or sexual violence; 

23 (B) attended, participated in, prepared for, 

24 or requested leave to attend, participate in, or 

25 prepare for, a criminal or civil court proceeding 
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1 relating to an incident of domestic or sexual vi2 olence of which the individual, or the family or 

3 household member of the individual, was a vic4 tim; or 

5 (C) requested an adjustment to a job 

6 structure, workplace facility, or work require7 ment, including a transfer, reassignment, or 

8 modified schedule, leave, a changed telephone 

9 number or seating assignment, installation of a 

10 lock, or implementation of a safety procedure, 

11 in response to actual or threatened domestic or 

12 sexual violence, regardless of whether the re13 quest was granted; or 

14 (2) the workplace is disrupted or threatened by 

15 the action of a person whom the individual states 

16 has committed or threatened to commit domestic or 

17 sexual violence against the individual, or the individ18 ual’s family or household member. 

19 (b) DEFINITIONS.—In this section: 

20 (1) DISCRIMINATE.—The term ‘‘discriminate’’, 

21 used with respect to the terms, conditions, or privi22 leges of employment or with respect to the terms or 

23 conditions of public assistance, includes not making 

24 a reasonable accommodation to the known limita25 tions of an otherwise qualified individual— 
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1 (A) who is a victim of domestic or sexual 

2 violence; 

3 (B) who is— 

4 (i) an applicant or employee of the 

5 employer (including a public agency); or 

6 (ii) an applicant for or recipient of 

7 public assistance from the public agency; 

8 and 

9 (C) whose limitations resulted from cir10 cumstances relating to being a victim of domes11 tic or sexual violence; 

12 unless the employer or public agency can dem13 onstrate that the accommodation would impose an 

14 undue hardship on the operation of the employer or 

15 public agency. 

16 (2) QUALIFIED INDIVIDUAL.—The term ‘‘quali17 fied individual’’ means— 

18 (A) in the case of an applicant or employee 

19 described in paragraph (1)(B)(i), an individual 

20 who, with or without reasonable accommoda21 tion, can perform the essential functions of the 

22 employment position that such individual holds 

23 or desires; or 

24 (B) in the case of an applicant or recipient 

25 described in paragraph (1)(B)(ii), an individual 
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1 who, with or without reasonable accommoda2 tion, can satisfy the essential requirements of 

3 the program providing the public assistance 

4 that the individual receives or desires. 

5 (3) REASONABLE ACCOMMODATION.—The term 

6 ‘‘reasonable accommodation’’ may include an adjust7 ment to a job structure, workplace facility, or work 

8 requirement, including a transfer, reassignment, or 

9 modified schedule, leave, a changed telephone num10 ber or seating assignment, installation of a lock, or 

11 implementation of a safety procedure, in response to 

12 actual or threatened domestic or sexual violence. 

13 (4) UNDUE HARDSHIP.— 

14 (A) IN GENERAL.—The term ‘‘undue hard15 ship’’ means an action requiring significant dif16 ficulty or expense, when considered in light of 

17 the factors set forth in subparagraph (B). 

18 (B) FACTORS TO BE CONSIDERED.—In de19 termining whether a reasonable accommodation 

20 would impose an undue hardship on the oper21 ation of an employer or public agency, factors 

22 to be considered include— 

23 (i) the nature and cost of the reason24 able accommodation needed under this sec25 tion; 
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1 (ii) the overall financial resources of 

2 the facility involved in the provision of the 

3 reasonable accommodation, the number of 

4 persons employed at such facility, the ef5 fect on expenses and resources, or the im6 pact otherwise of such accommodation on 

7 the operation of the facility; 

8 (iii) the overall financial resources of 

9 the employer or public agency, the overall 

10 size of the business of an employer or pub11 lic agency with respect to the number of 

12 employees of the employer or public agen13 cy, and the number, type, and location of 

14 the facilities of an employer or public agen15 cy; and 

16 (iv) the type of operation of the em17 ployer or public agency, including the com18 position, structure, and functions of the 

19 workforce of the employer or public agen20 cy, the geographic separateness of the fa21 cility from the employer or public agency, 

22 and the administrative or fiscal relation23 ship of the facility to the employer or pub24 lic agency. 
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1 SEC. 734. ENFORCEMENT. 

2 (a) CIVIL ACTION BY INDIVIDUALS.— 

3 (1) LIABILITY.—Any employer or public agency 

4 that violates section 733 shall be liable to any indi5 vidual affected for— 

6 (A) damages equal to the amount of 

7 wages, salary, employment benefits, public as8 sistance, or other compensation denied or lost 

9 to such individual by reason of the violation, 

10 and the interest on that amount calculated at 

11 the prevailing rate; 

12 (B) compensatory damages, including dam13 ages for future pecuniary losses, emotional 

14 pain, suffering, inconvenience, mental anguish, 

15 loss of enjoyment or life, and other nonpecu16 niary losses; 

17 (C) such punitive damages, up to 3 times 

18 the amount of actual damages sustained, as the 

19 court described in paragraph (2) shall deter20 mine to be appropriate; and 

21 (D) such equitable relief as may be appro22 priate, including employment, reinstatement, 

23 and promotion. 

24 (2) RIGHT OF ACTION.—An action to recover 

25 the damages or equitable relief prescribed in para26 graph (1) may be maintained against any employer 
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1 or public agency in any Federal or State court of 

2 competent jurisdiction by any 1 or more individuals 

3 described in section 733. 

4 (b) ACTION BY DEPARTMENT OF JUSTICE.—The At5 torney General may bring a civil action in any Federal 

6 or State court of competent jurisdiction to recover the 

7 damages or equitable relief described in subsection (a)(1). 

8 SEC. 735. ATTORNEY’S FEES. 

9 Section 722(b) of the Revised Statutes (42 U.S.C. 

10 1988(b)) is amended by inserting ‘‘the Victims’ Employ11 ment Sustainability Act,’’ after ‘‘title VI of the Civil 

12 Rights Act of 1964,’’. 

13 Subtitle D—Victims of Abuse 

14 Insurance Protection 

15 SEC. 741. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Victims of Abuse 

17 Insurance Protection Act’’. 

18 SEC. 742. DEFINITIONS. 

19 In this subtitle: 

20 (1) ABUSE.—The term ‘‘abuse’’ means the oc21 currence of 1 or more of the following acts by a cur22 rent or former household or family member, intimate 

23 partner, or caretaker: 

24 (A) Attempting to cause or causing an25 other person bodily injury, physical harm, sub-
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1 stantial emotional distress, psychological trau2 ma, rape, sexual assault, or involuntary sexual 

3 intercourse. 

4 (B) Engaging in a course of conduct or re5 peatedly committing acts toward another per6 son, including following the person without 

7 proper authority and under circumstances that 

8 place the person in reasonable fear of bodily in9 jury or physical harm. 

10 (C) Subjecting another person to false im11 prisonment or kidnapping. 

12 (D) Attempting to cause or causing dam13 age to property so as to intimidate or attempt 

14 to control the behavior of another person. 

15 (2) HEALTH CARRIER.—The term ‘‘health car16 rier’’ means a person that contracts or offers to con17 tract on a risk-assuming basis to provide, deliver, ar18 range for, pay for, or reimburse any of the cost of 

19 health care services, including a sickness and acci20 dent insurance company, a health maintenance orga21 nization, a nonprofit hospital and health service cor22 poration or any other entity providing a plan of 

23 health insurance, health benefits, or health services. 

24 (3) INSURED.—The term ‘‘insured’’ means a 

25 party named on a policy, certificate, or health ben-
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1 efit plan, including an individual, corporation, part2 nership, association, unincorporated organization, or 

3 any similar entity, as the person with legal rights to 

4 the benefits provided by the policy, certificate, or 

5 health benefit plan. For group insurance, such term 

6 includes a person who is a beneficiary covered by a 

7 group policy, certificate, or health benefit plan. For 

8 life insurance, the term refers to the person whose 

9 life is covered under an insurance policy. 

10 (4) INSURER.—The term ‘‘insurer’’ means any 

11 person, reciprocal exchange, inter insurer, Lloyds in12 surer, fraternal benefit society, or other legal entity 

13 engaged in the business of insurance, including 

14 agents, brokers, adjusters, and third-party adminis15 trators; and employers who provide or make avail16 able employment benefits through an employee ben17 efit plan, as defined in section 3(3) of the Employee 

18 Retirement Income Security Act of 1974 (29 U.S.C. 

19 102(3)). The term also includes health carriers, 

20 health benefit plans, and life, disability, and prop21 erty and casualty insurers. 

22 (5) POLICY.—The term ‘‘policy’’ means a con23 tract of insurance, certificate, indemnity, suretyship, 

24 or annuity issued, proposed for issuance or intended 
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1 for issuance by an insurer, including endorsements 

2 or riders to an insurance policy or contract. 

3 (6) SUBJECT OF ABUSE.—The term ‘‘subject of 

4 abuse’’ means— 

5 (A) a person against whom an act of abuse 

6 has been directed; 

7 (B) a person who has prior or current in8 juries, illnesses, or disorders that resulted from 

9 abuse; or 

10 (C) a person who seeks, may have sought, 

11 or had reason to seek medical or psychological 

12 treatment for abuse, protection, court-ordered 

13 protection, or shelter from abuse. 

14 SEC. 743. DISCRIMINATORY ACTS PROHIBITED. 

15 (a) IN GENERAL.—No insurer may, directly or indi16 rectly, engage in any of the following acts or practices on 

17 the basis that an applicant for insurance or insured is, 

18 has been, or may be the subject of abuse: 

19 (1) Denying, refusing to issue, renew or reissue, 

20 or canceling or otherwise terminating an insurance 

21 policy or health benefit plan. 

22 (2) Restricting, excluding, or limiting insurance 

23 coverage for losses or denying a claim, except as oth24 erwise permitted or required by State laws relating 

25 to life insurance beneficiaries. 
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1 (3) Adding a premium differential to any insur2 ance policy or health benefit plan. 

3 (b) PROHIBITION ON LIMITATION OF CLAIMS.—No 

4 insurer may, directly or indirectly, deny or limit payment 

5 of a claim arising out of abuse to an innocent insured 

6 under a property and casualty policy or insurance contract 

7 if the loss is caused by the intentional act of an insured. 

8 (c) USE OF INFORMATION.— 

9 (1) LIMITATION.— 

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

11 safety and privacy of subjects of abuse, no per12 son employed by or contracting with an insurer 

13 may— 

14 (i) use, disclose, or transfer informa15 tion relating to abuse status or acts of 

16 abuse for any purpose unrelated to the di17 rect provision of health care services unless 

18 such use, disclosure, or transfer is required 

19 by an order of an entity with authority to 

20 regulate insurance or an order of a court 

21 of competent jurisdiction; or 

22 (ii) disclose or transfer information 

23 relating to an address or telephone number 

24 of an applicant for insurance or an insured 

25 or to the address and telephone number of 
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1 a shelter for subjects of abuse, unless such 

2 disclosure or transfer— 

3 (I) is required in order to provide 

4 insurance coverage; and 

5 (II) does not have the potential 

6 to endanger the safety of a subject of 

7 abuse. 

8 (B) RULE OF CONSTRUCTION.—Nothing in 

9 this paragraph may be construed to limit or 

10 preclude a subject of abuse from obtaining the 

11 subject’s own insurance records from an in12 surer. 

13 (2) AUTHORITY OF SUBJECT OF ABUSE.—A 

14 subject of abuse, at the absolute discretion of the 

15 subject of abuse, may provide evidence of abuse to 

16 an insurer for the limited purpose of facilitating 

17 treatment of an abuse-related condition or dem18 onstrating that a condition is abuse-related. Nothing 

19 in this paragraph shall be construed as authorizing 

20 an insurer or health carrier to disregard such pro21 vided evidence. 

22 SEC. 744. INSURANCE PROTOCOLS FOR SUBJECTS OF 

23 ABUSE. 

24 Insurers shall develop and comply with written poli25 cies specifying procedures to be followed by employees, 
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1 contractors, producers, agents, and brokers for the pur2 pose of protecting the safety and privacy of a subject of 

3 abuse and otherwise implementing this subtitle when tak4 ing an application, investigating a claim, or taking any 

5 other action relating to a policy or claim involving a sub6 ject of abuse. 

7 SEC. 745. REASONS FOR ADVERSE ACTIONS. 

8 An insurer that takes an action that adversely affects 

9 a subject of abuse, shall advise the subject of abuse appli10 cant or insured of the specific reasons for the action in 

11 writing. For purposes of this section, reference to general 

12 underwriting practices or guidelines shall not constitute 

13 a specific reason. 

14 SEC. 746. LIFE INSURANCE. 

15 Nothing in this subtitle shall be construed to prohibit 

16 a life insurer from declining to issue a life insurance policy 

17 if the applicant or prospective owner of the policy is or 

18 would be designated as a beneficiary of the policy, and 

19 if— 

20 (1) the applicant or prospective owner of the 

21 policy lacks an insurable interest in the insured; or 

22 (2) the applicant or prospective owner of the 

23 policy is known, on the basis of police or court 

24 records, to have committed an act of abuse against 

25 the proposed insured. 
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1 SEC. 747. SUBROGATION WITHOUT CONSENT PROHIBITED. 

2 Subrogation of claims resulting from abuse is prohib3 ited without the informed consent of the subject of abuse. 

4 SEC. 748. ENFORCEMENT. 

5 (a) FEDERAL TRADE COMMISSION.— 

6 (1) IN GENERAL.—The Federal Trade Commis7 sion shall have the power to examine and investigate 

8 any insurer to determine whether such insurer has 

9 been or is engaged in any act or practice prohibited 

10 by this subtitle. 

11 (2) CEASE AND DESIST ORDERS.—If the Fed12 eral Trade Commission determines an insurer has 

13 been or is engaged in any act or practice prohibited 

14 by this subtitle, the Commission may take action 

15 against such insurer by the issuance of a cease and 

16 desist order as if the insurer was in violation of sec17 tion 5 of the Federal Trade Commission Act. Such 

18 cease and desist order may include any individual re19 lief warranted under the circumstances, including 

20 temporary, preliminary, and permanent injunctive 

21 and compensatory relief. 

22 (b) PRIVATE CAUSE OF ACTION.— 

23 (1) IN GENERAL.—An applicant or insured who 

24 believes that the applicant or insured has been ad25 versely affected by an act or practice of an insurer 

26 in violation of this subtitle may maintain an action 
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1 against the insurer in a Federal or State court of 

2 original jurisdiction. 

3 (2) RELIEF.—Upon proof of such conduct by a 

4 preponderance of the evidence in an action described 

5 in paragraph (1), the court may award appropriate 

6 relief, including temporary, preliminary, and perma7 nent injunctive relief and compensatory and punitive 

8 damages, as well as the costs of suit and reasonable 

9 fees for the aggrieved individual’s attorneys and ex10 pert witnesses. 

11 (3) STATUTORY DAMAGES.—With respect to 

12 compensatory damages in an action described in 

13 paragraph (1), the aggrieved individual may elect, at 

14 any time prior to the rendering of final judgment, to 

15 recover in lieu of actual damages, an award of statu16 tory damages in the amount of $5,000 for each vio17 lation. 

18 SEC. 749. EFFECTIVE DATE. 

19 This subtitle shall apply with respect to any action 

20 taken on or after the date of enactment of this Act. 
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1 Subtitle E—National Clearinghouse 

2 on Domestic and Sexual Vio3 lence in the Workplace Grant 

4 SEC. 751. NATIONAL CLEARINGHOUSE ON DOMESTIC AND 

5 SEXUAL VIOLENCE IN THE WORKPLACE 

6 GRANT. 

7 (a) AUTHORITY.—The Attorney General may award 

8 a grant in accordance with this section to a private, non9 profit entity or tribal organization that meets the require10 ments of subsection (b), in order to provide for the estab11 lishment and operation of a national clearinghouse and re12 source center to provide information and assistance to em13 ployers, labor organizations, and advocates on behalf of 

14 victims of domestic or sexual violence, in their efforts to 

15 develop and implement appropriate responses to assist 

16 those victims. 

17 (b) GRANTEES.—Each applicant for a grant under 

18 this section shall submit to the Attorney General an appli19 cation, which shall— 

20 (1) demonstrate that the applicant— 

21 (A) has a nationally recognized expertise in 

22 the area of domestic violence, dating violence, 

23 sexual assault, and stalking, and a record of 

24 commitment and quality responses to reduce 
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1 domestic violence, dating violence, sexual as2 sault, and stalking; and 

3 (B) will provide matching funds from non4 Federal sources in an amount equal to not less 

5 than 10 percent of the total amount of the 

6 grant awarded under this section; and 

7 (2) include a plan to maximize, to the extent 

8 practicable, outreach to employers (including private 

9 companies, as well as public entities such as univer10 sities, and State and local governments) in devel11 oping and implementing appropriate responses to as12 sist employees who are victims of domestic or sexual 

13 violence. 

14 (c) USE OF GRANT AMOUNT.—A grant under this 

15 section may be used for staff salaries, travel expenses, 

16 equipment, printing, and other reasonable expenses nec17 essary to assemble, maintain, and disseminate to employ18 ers, labor organizations, and advocates described in sub19 section (a), information on and appropriate responses to 

20 domestic violence, dating violence, sexual assault, and 

21 stalking, including— 

22 (1) training to promote a better understanding 

23 of appropriate assistance to employee victims; 

24 (2) conferences and other educational opportu25 nities; 
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1 (3) development of protocols and model work2 place policies; 

3 (4) employer- and union-sponsored victim serv4 ices and outreach counseling; and 

5 (5) assessments of the workplace costs of do6 mestic violence, dating violence, sexual assault, and 

7 stalking. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $500,000 for each of fiscal years 2004 through 2008. 

11 Subtitle F—Severability 

12 SEC. 761. SEVERABILITY. 

13 If any provision of this title, any amendment made 

14 by this title, or the application of such provision or amend15 ment to any person or circumstance is held to be unconsti16 tutional, the remainder of the provisions of this title, the 

17 amendments made by this title, and the application of 

18 such provisions or amendments to any person or cir19 cumstance shall not be affected. 
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1 TITLE VIII—PROTECTION FOR 

2 IMMIGRANT VICTIMS OF VIO3 LENCE 

4 SEC. 801. SHORT TITLE; REFERENCES TO VAWA–2000; REGU5 LATIONS. 

6 (a) SHORT TITLE.—This title may be cited as ‘‘Im7 migrant Victims of Violence Protection Act of 2005’’. 

8 (b) REFERENCES TO VAWA–2000.—In this title, the 

9 term ‘‘VAWA–2000’’ means the Violence Against Women 

10 Act of 2000 (division B of Public Law 106–386). 

11 (c) REGULATIONS.— Not later than 180 days after 

12 the date of the enactment of this Act, the Attorney Gen13 eral, the Secretary of Homeland Security, and Secretary 

14 of State shall promulgate regulations to implement the 

15 provisions contained in the Battered Immigrant Women 

16 Protection Act of 2000 (title V of VAWA–2000) and the 

17 amendments made by (and the provisions of) this title. 

18 Subtitle A—Immigration 

19 Protections 

20 PART 1—VICTIMS OF CRIME 

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

22 (a) TREATMENT OF U DERIVATIVES.—Clause (ii) of 

23 section 101(a)(15)(U)(ii) of the Immigration and Nation24 ality Act (8 U.S.C. 1101(a)(15)(U)(ii)), as added by sec-
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1 tion 1513(b) of VAWA–2000, is amended to read as fol2 lows: 

3 ‘‘(ii) the spouse or child of an alien de4 scribed in clause (i), or the parent of such an 

5 alien if the alien is a child, or the unmarried 

6 sibling of such a child if such sibling is under 

7 18 years of age on the date on which such alien 

8 applied for status under such clause, if— 

9 ‘‘(I) the Secretary of Homeland Secu10 rity considers it necessary to avoid extreme 

11 hardship to such alien or such spouse, 

12 child, parent, or sibling; or 

13 ‘‘(II) a government official described 

14 in clause (i)(III) certifies that an investiga15 tion or prosecution described in such 

16 clause would be harmed without the assist17 ance of such spouse, child, parent, or sib18 ling; and’’. 

19 (b) TREATMENT OF SPOUSE AND CHILDREN OF VIC20 TIMS OF TRAFFICKING.—Clause (ii) of section 

21 101(a)(15)(T) of the Immigration and Nationality Act (8 

22 U.S.C. 1101(a)(15)(T)) is amended to read as follows: 

23 ‘‘(ii) if accompanying, or following to join, 

24 the alien described in clause (i)— 
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1 ‘‘(I) in the case of an alien so de2 scribed who is under 21 years of age, the 

3 spouse, children, unmarried siblings under 

4 18 years of age on the date on which such 

5 alien applied for status under such clause, 

6 and parents of such alien; or 

7 ‘‘(II) in the case of an alien described 

8 in clause (i) who is 21 years of age or 

9 older, the spouse and children of such 

10 alien;’’. 

11 (c) DURATION OF U AND T VISAS.— 

12 (1) U VISAS.—Section 214(p) of such Act (8 

13 U.S.C. 1184(p)) is amended by adding at the end 

14 the following new paragraph: 

15 ‘‘(6) DURATION OF STATUS.—The authorized 

16 period of status of an alien as a nonimmigrant 

17 under section 101(a)(15)(U) shall be 4 years, but 

18 shall be extended— 

19 ‘‘(A) on a year-by-year basis upon certifi20 cation from a Federal, State or local law en21 forcement official, prosecutor, judge, or other 

22 Federal, State or local authority investigating 

23 or prosecuting criminal activity described in 

24 section 101(a)(15)(U)(iii) that the alien’s con25 tinued presence in the United States is required 
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1 to assist in the investigation or prosecution of 

2 such criminal activity; and 

3 ‘‘(B) if the alien files an application for ad4 justment of status under section 245(m), until 

5 final adjudication of such application.’’. 

6 (2) T VISAS.—Section 214(o) of such Act (8 

7 U.S.C. 1184(o)), as redesignated by section 8(a)(3) 

8 of the Trafficking Victims Protection Reauthoriza9 tion Act of 2003 (Public Law 108–193), is amended 

10 by adding at the end the following: 

11 ‘‘(7) The authorized period of status of an alien as 

12 a nonimmigrant status under section 101(a)(15)(T) shall 

13 be 4 years, but shall be extended— 

14 ‘‘(A) on a year-by-year basis upon certification 

15 from a Federal, State or local law enforcement offi16 cial, prosecutor, judge, or other Federal, State or 

17 local authority investigating or prosecuting criminal 

18 activity relating to human trafficking that the alien’s 

19 continued presence in the United States is required 

20 to assist in the investigation or prosecution of such 

21 criminal activity; and 

22 ‘‘(B) if the alien files an application for adjust23 ment of status under section 245(l), until final adju24 dication of such application.’’. 
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1 (d) PERMITTING CHANGE OF NONIMMIGRANT STA2 TUS TO U AND T NONIMMIGRANT STATUS.— 

3 (1) IN GENERAL.—Section 248 of such Act (8 

4 U.S.C. 1258) is amended— 

5 (A) by striking ‘‘The Attorney General’’ 

6 and inserting ‘‘(a) The Secretary of Homeland 

7 Security’’; 

8 (B) by inserting ‘‘(subject to subsection 

9 (b))’’ after ‘‘except’’; and 

10 (C) by adding at the end the following new 

11 subsection: 

12 ‘‘(b) The limitation based on inadmissibility under 

13 section 212(a)(9)(B) and the exceptions specified in num14 bered paragraphs of subsection (a) shall not apply to a 

15 change of nonimmigrant classification to that of a non16 immigrant under subparagraph (T) or (U) of section 

17 101(a)(15), other than from such classification under sub18 paragraph (C) or (D) of such section.’’. 

19 (2) CONFORMING AMENDMENT.—Section 

20 214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 

21 amended by striking ‘‘248(2)’’ and inserting 

22 ‘‘248(a)(2)’’. 

23 (e) U VISA CRIMES.— 

24 (1) IN GENERAL.—Section 101(a)(15)(U) of 

25 such Act (8 U.S.C. 1101(a)(15)(U)) is amended— 
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1 (A) in clause (i)(I)— 

2 (i) by inserting ‘‘or injury’’ after 

3 ‘‘physical or mental abuse’’; and 

4 (ii) by inserting ‘‘or witness’’ after 

5 ‘‘victim’’; and 

6 (B) in clause (iii), by inserting ‘‘child 

7 abuse; stalking (including physical or electronic 

8 stalking);’’ after ‘‘unlawful criminal restraint; 

9 false imprisonment;’’. 

10 (2) IMPLEMENTATION.—It is the intent of Con11 gress that certifications should be made under clause 

12 (i)(III) of section 101(a)(15)(U) of the Immigration 

13 and Nationality Act (8 U.S.C. 1101(a)(15)(U)) 

14 where an alien provides information to a law en15 forcement official on criminal activity described in 

16 clause (iii) of such section and is willing to help in 

17 the investigation of such activity, regardless of 

18 whether a prosecution is made in such case or if 

19 prosecution is made for criminal activity not de20 scribed in such clause. 

21 (f) CERTIFICATION PROCESS FOR VICTIMS OF TRAF22 FICKING.— 

23 (1) VICTIM ASSISTANCE IN INVESTIGATION OR

24 PROSECUTION.—Section 107(b)(1)(E) of the Traf25 ficking Victims Protection Act of 2000 (Division A 
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1 of Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) 

2 is amended—— 

3 (A) in clause (i)(I), by striking ‘‘investiga4 tion and prosecution’’ and inserting ‘‘investiga5 tion or prosecution, by the United States or a 

6 State or local government’’; and 

7 (B) in clause (iii)— 

8 (i) by striking ‘‘INVESTIGATION AND

9 PROSECUTION’’ and ‘‘investigation and 

10 prosecution’’ and inserting ‘‘INVESTIGA11 TION OR PROSECUTION’’ and ‘‘investigation 

12 or prosecution’’, respectively; 

13 (ii) in subclause (II), by striking 

14 ‘‘and’’ at the end; 

15 (iii) in subclause (III), by striking the 

16 period and inserting ‘‘; or’’; and 

17 (iv) by adding at the end the following 

18 new subclause: 

19 ‘‘(IV) responding to and cooper20 ating with requests for evidence and 

21 information.’’. 

22 (2) CLARIFYING ROLES OF ATTORNEY GENERAL

23 AND SECRETARY OF HOMELAND SECURITY.— 
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1 (A) Section 107 of the Trafficking Victims 

2 Protection Act of 2000 (Division A of Public 

3 Law 106–386; 22 U.S.C. 7105) is amended— 

4 (i) in subsections (b)(1)(E)(i)(II)(bb), 

5 (b)(1)(E)(ii), (e)(5), and (g), by striking 

6 ‘‘Attorney General’’ and inserting ‘‘Sec7 retary of Homeland Security’’; and 

8 (ii) in subsection (c), by inserting ‘‘, 

9 Secretary of Homeland Security,’’ after 

10 ‘‘Attorney General’’. 

11 (B) Section 101(a)(15)(T) of the Immigra12 tion and Nationality Act (8 U.S.C. 

13 1101(a)(15)(T)) is amended by striking ‘‘Attor14 ney General’’ and inserting ‘‘Secretary of 

15 Homeland Security’’ each place it appears. 

16 (C) Section 212(d)(13) of the Immigration 

17 and Nationality Act (8 U.S.C. 1182(d)(13)) is 

18 amended— 

19 (i) in subparagraph (A), by striking 

20 ‘‘Attorney General’’ and inserting ‘‘Sec21 retary of Homeland Security’’; 

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

23 ‘‘Attorney General’’ the first place it ap24 pears and inserting ‘‘Secretary of Home25 land Security’’; and 
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1 (iii) in subparagraph (B), by striking 

2 ‘‘Attorney General, in the Attorney Gen3 eral’s discretion’’ and inserting ‘‘Secretary, 

4 in the Secretary’s discretion’’. 

5 (D) Section 101(i) of the Immigration and 

6 Nationality Act (8 U.S.C. 1101(i)) is amend7 ed— 

8 (i) in paragraph (1), by striking ‘‘At9 torney General’’ and inserting ‘‘Secretary 

10 of Homeland Security, the Attorney Gen11 eral,’’; and 

12 (ii) in paragraph (2), by striking ‘‘At13 torney General’’ and inserting ‘‘Secretary 

14 of Homeland Security’’. 

15 (E) Section 245(l) of the Immigration and 

16 Nationality Act (8 U.S.C. 1255(l)) is amend17 ed— 

18 (i) by striking ‘‘Attorney General’’ 

19 and inserting ‘‘Secretary of Homeland Se20 curity’’ the first place it appears in para21 graphs (1) and (2) and in paragraph (4); 

22 (ii) by striking ‘‘Attorney General’’ 

23 and inserting ‘‘Secretary ’’ the second 

24 place it appears in paragraphs (1) and (2); 

25 and 
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1 (iii) in paragraph (2), by striking ‘‘At2 torney General’s’’ and inserting ‘‘Sec3 retary’s’’. 

4 (3) PETITIONING BY STATE AND LOCAL LAW

5 ENFORCEMENT OFFICIALS.—Section 107(c)(3) of 

6 the Trafficking Victims Protection Act of 2000 (Di7 vision A of Public Law 106–386; 22 U.S.C. 

8 7105(c)(3)) is amended by adding at the end the fol9 lowing: ‘‘State or local law enforcement officials may 

10 petition Federal law enforcement officials for the 

11 continued presence for trafficking victims. If such a 

12 petition contains a certification that a trafficking 

13 victim is a victim of a severe form of trafficking, the 

14 presence of the trafficking victim shall be permitted 

15 in accordance with this paragraph.’’. 

16 (g) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—The amendments made by 

18 subsections (a), (b), (c)(1), (d), and (e) shall take ef19 fect on the date of the enactment of this Act. 

20 (2) TRANSITION FOR DURATION OF T VISAS.— 

21 In the case of an alien who is classified as a non22 immigrant under section 101(a)(15)(T) of the Immi23 gration and Nationality Act (8 U.S.C. 

24 1101(a)(15)(T)) before the the date of implementa25 tion of the amendment made by subsection (c)(2) 
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1 and whose period of authorized stay was less than 

2 4 years, the authorized period of status of the alien 

3 as such a nonimmigrant shall be extended to be 4 

4 years and shall be further extended on a year-by5 year basis as provided in section 214(o)(7) of such 

6 Act, as added by such amendment. 

7 (3) CERTIFICATION PROCESS.—(A) The amend8 ments made by subsection (f)(1) shall be effective as 

9 if included in the enactment of VAWA–2000. 

10 (B) The amendments made by subsection (f)(2) 

11 shall be effective as of the applicable date of transfer 

12 of authority from the Attorney General to the Sec13 retary of Homeland Security under the Homeland 

14 Security Act of 2002 (Public Law 107–296). 

15 (C) The amendment made by subsection (f)(3) 

16 shall be effective as if included in the enactment of 

17 the Trafficking Victims Protection Reauthorization 

18 Act of 2003 (Public Law 108–193). 

19 SEC. 812. CLARIFICATION OF BASIS FOR RELIEF UNDER 

20 HARDSHIP WAIVERS FOR CONDITIONAL PER21 MANENT RESIDENCE. 

22 (a) IN GENERAL.—Section 216(c)(4) of the Immigra23 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend24 ed by adding at the end the following: ‘‘An application 

25 for relief under this paragraph may be based on one or 
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1 more grounds specified in subparagraphs (A) through (D) 

2 and may be amended at any time to change the ground 

3 or grounds for such relief without the application being 

4 resubmitted.’’. 

5 (b) CONFORMING AMENDMENT.—Section 

6 237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 

7 is amended by inserting before the period at the end the 

8 following: ‘‘or qualifies for a waiver under section 

9 216(c)(4)’’. 

10 (c) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply to applications for relief pending 

12 or filed on or after April 10, 2003 . 

13 SEC. 813. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF14 FICKING. 

15 Section 245(l)(1)(A) of the Immigration and Nation16 ality Act (8 U.S.C. 1255(l)(1)(A)) is amended by striking 

17 ‘‘for a continuous period of at least 3 years’’. 

18 PART 2—VAWA PETITIONERS 

19 SEC. 821. DEFINITION OF VAWA PETITIONER. 

20 (a) IN GENERAL.—Section 101(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1101(a)) is amended 

22 by adding at the end the following new paragraph: 

23 ‘‘(51) The term ‘VAWA petitioner’ means an alien 

24 whose application or petition for classification or relief 

25 under any of the following provisions (whether as a prin-
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1 cipal or as a derivative) has been filed and has not been 

2 denied after exhaustion of administrative appeals: 

3 ‘‘(A) Clause (iii), (iv), or (vii) of section 

4 204(a)(1)(A). 

5 ‘‘(B) Clause (ii) or (iii) of section 204(a)(1)(B). 

6 ‘‘(C) The first section of Public Law 89–732 

7 (commonly known as the Cuban Adjustment Act) as 

8 a child or spouse who has been battered or subjected 

9 to extreme cruelty. 

10 ‘‘(D) Section 902(d)(1)(B) of the Haitian Ref11 ugee Immigration Fairness Act of 1998 (division A 

12 of section 101(h) of Public Law 105–277). 

13 ‘‘(E) Section 202(d)(1) of the Nicaraguan Ad14 justment and Central American Relief Act (8 U.S.C. 

15 1255 note; Public Law 105–100). 

16 ‘‘(F) Section 309(c)(5) of the Illegal Immigra17 tion Reform and Immigrant Responsibility Act of 

18 1996 (division C of Public Law 104–208; 8 U.S.C. 

19 1101 note).’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) Section 212(a)(6)(A)(ii)(I) of such Act (8 

22 U.S.C. 1182(a)(6)(A)(ii)(I)) is amended by striking 

23 ‘‘qualifies for immigrant status under subparagraph 

24 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

25 204(a)(1)’’ and inserting ‘‘is a VAWA petitioner’’. 
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1 (2) Section 212(a)(9)(C)(ii) of such Act (8 

2 U.S.C. 1182(a)(9)(C)(ii)) is amended by striking ‘‘to 

3 whom the Attorney General has granted classifica4 tion under clause (iii), (iv), or (v) of section 

5 204(a)(1)(A), or classification under clause (ii), (iii), 

6 or (iv) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

7 VAWA petitioner’’. 

8 (3) Subsections (h)(1)(C) and (g)(1)(C) of sec9 tion 212 (8 U.S.C. 1182) is amended by striking 

10 ‘‘qualifies for classification under clause (iii) or (iv) 

11 of section 204(a)(1)(A) or classification under clause 

12 (ii) or (iii) of section 204(a)(1)(B)’’ and inserting 

13 ‘‘is a VAWA petitioner’’. 

14 (4) Section 212(i)(1) of such Act (8 U.S.C. 

15 1182(i)(1)) is amended by striking ‘‘an alien granted 

16 classification under clause (iii) or (iv) of section 

17 201(a)(1)(A) or clause (ii) or (iii) of section 

18 204(a)(1)(B)’’ and inserting ‘‘a VAWA petitioner’’. 

19 (5) Section 237(a)(1)(H)(ii) of such Act (8 

20 U.S.C. 1227(a)(1)(H)(ii)) is amended by striking ‘‘is 

21 an alien who qualifies for classification under clause 

22 (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or 

23 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘is a 

24 VAWA petitioner’’. 
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1 (6) Section 240A(b)(4)(B) of such Act (8 

2 U.S.C. 1229b(b)(4)(B)) is amended by striking 

3 ‘‘they were applications filed under section 204(a)(1) 

4 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of such Act’’ and 

5 inserting ‘‘the applicants were VAWA petitioners’’. 

6 (7) Section 245(a) of such Act (8 U.S.C. 

7 1255(a)) is amended by striking ‘‘under subpara8 graph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 

9 204(a)(1) or’’ and inserting ‘‘as a VAWA peti10 tioner’’. 

11 (8) Section 245(c) of such Act (8 U.S.C. 

12 1255(c)) is amended by striking ‘‘under subpara13 graph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), 

14 (B)(iii), or (B)(iv) of section 204(a)(1)’’ and insert15 ing ‘‘as a VAWA petitioner’’. 

16 SEC. 822. SELF-PETITIONING FOR CHILDREN. 

17 (a) SELF-PETITIONING BY CHILDREN OF PARENT18 ABUSERS UPON DEATH OR OTHER TERMINATION OF

19 PARENT-CHILD RELATIONSHIP.— 

20 (1) CITIZEN PARENTS.—Section 

21 204(a)(1)(A)(iv) of the Immigration and Nationality 

22 Act (8 U.S.C. 1154(a)(1)(A)(iv)) is amended— 

23 (A) by striking ‘‘or who’’ and inserting 

24 ‘‘who’’; and 
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1 (B) by inserting after ‘‘domestic violence,’’ 

2 the following: ‘‘or who was a child of a United 

3 States citizen parent who within the past 2 

4 years (or, if later, two years after the date the 

5 child attains 18 years of age) died or otherwise 

6 terminated the parent-child relationship,’’. 

7 (2) LAWFUL PERMANENT RESIDENT PAR8 ENTS.— 

9 (A) IN GENERAL.—Section 

10 204(a)(1)(B)(iii) of such Act (8 U.S.C. 

11 1154(a)(1)(B)(iii)) is amended— 

12 (i) by striking ‘‘or who’’ and inserting 

13 ‘‘who’’; and 

14 (ii) by inserting after ‘‘domestic vio15 lence,’’ the following: ‘‘or who was a child 

16 of a lawful permanent resident resident 

17 who within the past 2 years (or, if later, 

18 two years after the date the child attains 

19 18 years of age) died or otherwise termi20 nated the parent-child relationship,’’. 

21 (B) CONFORMING TREATMENT OF DE22 CEASED SPOUSES.—Section 

23 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8 

24 U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is 

25 amended— 
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1 (i) by redesignating subitems (aaa) 

2 and (bbb) as subitems (bbb) and (ccc), re3 spectively; and 

4 (ii) by inserting before subitem (bbb), 

5 as so redesignated, the following: 

6 ‘‘(aaa) whose spouse died within the past 

7 2 years;’’. 

8 (3) EFFECTIVE DATES.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), the amendment made by paragraphs 

11 (1) and (2) shall take effect on the date of the 

12 enactment of this Act. 

13 (B) TRANSITION IN CASE OF CITIZEN PAR14 ENTS WHO DIED BEFORE ENACTMENT.—In ap15 plying the amendments made by paragraphs (1) 

16 and (2)(A) in the case of an alien whose citizen 

17 parent or lawful permanent resident parent died 

18 or whose parent-child relationship with such 

19 parent terminated during the period beginning 

20 on October 28, 1998, and ending on the date 

21 of the enactment of this Act, the following rules 

22 apply: 

23 (i) The reference to ‘‘within the past 

24 2 years’’ in section 204(a)(1)(A)(iv) or 

25 204(a)(1)(B)(iii), respectively, of the Im-
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1 migration and Nationality Act in the mat2 ter inserted by such paragraph is deemed 

3 to be a reference to such period. 

4 (ii) The petition must be filed under 

5 such section within 2 years after the date 

6 of the enactment of this Act (or, if later, 

7 2 years after the alien’s 18th birthday). 

8 (iii) The determination of eligibility 

9 for benefits as a child under such section 

10 (including under section 204(a)(1)(D) of 

11 the Immigration and Nationality Act by 

12 reason of a petition authorized under such 

13 section) shall be determined as of the date 

14 of the death of the citizen parent or lawful 

15 permanent resident parent or the termi16 nation of the parent-child relationship. 

17 (b) PROTECTING VICTIMS OF CHILD ABUSE FROM

18 AGING OUT.— 

19 (1) CLARIFICATION REGARDING CONTINUATION

20 OF IMMEDIATE RELATIVE STATUS FOR CHILDREN OF

21 CITIZENS.—Section 204(a)(1)(D)(i)(I) of the Immi22 gration and Nationality Act (8 U.S.C. 

23 1154(a)(1)(D)(i)(I)) is amended— 
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1 (A) by striking ‘‘clause (iv) of section 

2 204(a)(1)(A)’’ and inserting ‘‘subparagraph 

3 (A)(iv)’’; and 

4 (B) by striking ‘‘a petitioner for preference 

5 status under paragraph (1), (2), or (3) of sec6 tion 203(a), whichever paragraph is applicable’’ 

7 and inserting ‘‘to continue to be treated as an 

8 immediate relative under section 

9 201(b)(2)(A)(i), or a petitioner for preference 

10 status under section 203(a)(3) if subsequently 

11 married,’’. 

12 (2) CLARIFICATION REGARDING APPLICATION

13 TO CHILDREN OF LAWFUL PERMANENT RESI14 DENTS.—Section 204(a)(1)(D) of such Act (8 

15 U.S.C. 1154(a)(1)(D)) is amended—— 

16 (A) in clause (i)(I)— 

17 (i) by inserting after the first sentence 

18 the following new sentence: ‘‘Any child who 

19 attains 21 years of age who has filed a pe20 tition under subparagraph (B)(iii) that was 

21 filed or approved before the date on which 

22 the child attained 21 year of age shall be 

23 considered (if the child has not been ad24 mitted or approved for lawful permanent 

25 residence by the date the child attained 21 
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1 years of age) a petitioner for preference 

2 status under section 203(a)(2)(A), with the 

3 same priority date assigned to the self-peti4 tion filed under such subparagraph.’’; and 

5 (ii) in the last sentence, by inserting 

6 ‘‘in either such case’’ after ‘‘shall be re7 quired to be filed’’; 

8 (B) in clause (i)(III), by striking ‘‘para9 graph (1), (2), or (3) of section 203(a)’’ and in10 serting ‘‘section 203(a)(2)(A)’’; and 

11 (C) in clause (ii), by striking ‘‘(A)(iii), 

12 (A)(iv),’’. 

13 (3) EFFECTIVE DATE.—The amendments made 

14 by this subsection shall apply to applications filed 

15 before, on, or after the date of the enactment of 

16 VAWA–2000. 

17 (c) CLARIFICATION OF NO SEPARATE ADJUSTMENT

18 APPLICATION FOR DERIVATIVE CHILDREN.— 

19 (1) IN GENERAL.—Section 245(a) of the Immi20 gration and Nationality Act (8 U.S.C. 1255(a)) is 

21 amended by adding at the end the following: ‘‘In the 

22 case of a petition under clause (ii), (iii), or (iv) of 

23 section 204(a)(1)(A) that includes an individual as 

24 a derivative child of a principal alien, no adjustment 

25 application other than the adjustment application of 
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1 the principal alien shall be required for adjustment 

2 of status of the individual under this subsection or 

3 subsection (c).’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by paragraph (1) shall take effect on the date of the 

6 enactment of this Act and shall apply to applications 

7 filed before, on, or after such date. 

8 (d) LATE PETITION PERMITTED FOR ADULTS

9 ABUSED AS CHILDREN.— 

10 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

11 Immigration and Nationality Act (8 U.S.C. 

12 1154(a)(1)(D)), as amended by subsection (b)(1), is 

13 amended by adding at the end the following new 

14 clause: 

15 ‘‘(v) In the case of an alien who qualified to petition 

16 under subparagraph (A)(iv) or (B)(iii) as of the date the 

17 individual attained 21 years of age, the alien may file a 

18 petition under such respective subparagraph notwith19 standing that the alien has attained such age or been mar20 ried so long as the petition is filed before the date the 

21 individual attains 30 years of age. In the case of such a 

22 petition, the alien shall remain eligible for adjustment of 

23 status as a child notwithstanding that the alien has at24 tained 21 years of age or has married, or both.’’. 
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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act and shall apply to individuals 

4 who attain 21 years of age on or after the date of 

5 the enactment of VAWA–2000. 

6 SEC. 823. SELF-PETITIONING PARENTS. 

7 (a) IN GENERAL.—Section 204(a)(1)(A) of the Im8 migration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) 

9 is amended by adding at the end the following new clause: 

10 ‘‘(vii) An alien who— 

11 ‘‘(I) is the parent of a citizen of the United 

12 States or was a parent of a citizen of the United 

13 States who within the past 2 years lost or renounced 

14 citizenship status related to battering or extreme 

15 cruelty by the United States citizen son or daughter 

16 or who within the past two years died; 

17 ‘‘(II) is a person of good moral character; 

18 ‘‘(III) is eligible to be classified as an imme19 diate relative under section 201(b)(2)(A)(i); and 

20 ‘‘(IV) resides, or has resided in the past, with 

21 the citizen daughter or son; 

22 may file a petition with the Secretary of Homeland Secu23 rity under this subparagraph for classification of the alien 

24 under such section if the alien demonstrates that the alien 

25 has been battered by or has been the subject of extreme 
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1 cruelty perpetrated by the alien’s citizen son or daugh2 ter.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on the date of the enact5 ment of this Act. 

6 SEC. 824. PROMOTING CONSISTENCY IN VAWA ADJUDICA7 TIONS. 

8 (a) IN GENERAL.—Section 204(a)(1) of the Immi9 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is 

10 amended— 

11 (1) in subparagraph (A)(iii)(II)(aa)(CC)(bbb), 

12 by striking ‘‘an incident of domestic violence’’ and 

13 inserting ‘‘battering or extreme cruelty by the 

14 United States citizen spouse’’; 

15 (2) in subparagraph (A)(iv), by striking ‘‘an in16 cident of domestic violence’’ and inserting ‘‘battering 

17 or extreme cruelty by such parent’’; 

18 (3) in subparagraph (B)(ii)(II)(aa)(CC)(aaa), 

19 by striking ‘‘due to an incident of domestic violence’’ 

20 and inserting ‘‘related to battering or extreme cru21 elty by the lawful permanent resident spouse’’; and 

22 (4) in subparagraph (B)(iii), by striking ‘‘due 

23 to an incident of domestic violence’’ and inserting 

24 ‘‘related to battering or extreme cruelty by such par25 ent’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect as if included in the enact3 ment of VAWA–2000. 

4 SEC. 825. RELIEF FOR CERTAIN VICTIMS PENDING AC5 TIONS ON PETITIONS AND APPLICATIONS 

6 FOR RELIEF. 

7 (a) VAWA PETITIONERS AND APPLICANTS FOR U 

8 AND T NONIMMIGRANT CLASSIFICATION.— 

9 (1) IN GENERAL.— Section 204(a)(1) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1154(a)(1)) is amended by adding at the end the 

12 following new subparagraph: 

13 ‘‘(K)(i) In the case of an alien in the United States 

14 for whom a petition as a VAWA petitioner has been 

15 filed— 

16 ‘‘(I) if the petition sets forth a prima facie case 

17 for approval, the alien shall not be removed, de18 tained, or deported, and such a petition shall be 

19 processed without regard to whether a proceeding to 

20 remove or deport such alien is brought or pending; 

21 and 

22 ‘‘(II) if the petition is approved, the alien is eli23 gible for work authorization and shall be provided an 

24 ‘employment authorized’ endorsement or other ap25 propriate work permit incidental to such approval. 
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1 ‘‘(ii) In the case of an alien in the United States for 

2 whom an application for nonimmigrant status (whether as 

3 a principal or derivative child) under subparagraph (T) 

4 of section 101(a)(15) has been filed— 

5 ‘‘(I) if there is a bona fide determination that 

6 the application is approvable or the application is 

7 approved, the alien shall not be removed, detained, 

8 or deported; and 

9 ‘‘(II) if the application is approved, the alien is 

10 eligible for work authorization and shall be provided 

11 an ‘employment authorized’ endorsement or other 

12 appropriate work permit incidental to such approval. 

13 ‘‘(iii) In the case of an alien in the United States 

14 for whom an application for nonimmigrant status (wheth15 er as a principal or derivative child) under subparagraph 

16 (U) of section 101(a)(15) has been filed, if interim relief 

17 is granted on the application or the application is ap18 proved— 

19 ‘‘(I) the alien shall not be removed, detained, or 

20 deported; and 

21 ‘‘(II) the alien is eligible for work authorization 

22 and shall be provided an ‘employment authorized’ 

23 endorsement or other appropriate work permit inci24 dental to such relief or approval.’’. 
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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act and shall apply to petitions 

4 and applications filed before, on, or after such date. 

5 (b) APPLICANTS FOR CANCELLATION OF REMOVAL

6 OR SUSPENSION OF DEPORTATION.— 

7 (1) IN GENERAL.—Section 240A(b)(2) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1229b(b)(2)) is amended by adding at the end the 

10 following new subparagraph: : 

11 ‘‘(E) RELIEF WHILE APPLICATION PEND12 ING.—In the case of an alien who has applied 

13 for relief under this paragraph and whose appli14 cation sets forth a prima facie case for such re15 lief or who has filed an application for relief 

16 under section 244(a)(3) (as in effect on March 

17 31, 1997) that sets forth a prima facie case for 

18 such relief— 

19 ‘‘(i) the alien shall not be removed, 

20 detained, or deported unless the applica21 tion is denied and all opportunities for ap22 peal of the denial have been exhausted; 

23 and 

24 ‘‘(ii) such an application shall be proc25 essed without regard to whether a pro-
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1 ceeding to remove or deport such alien is 

2 brought or pending.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall take effect on the date of the 

5 enactment of this Act and shall apply to applications 

6 filed before, on, or after such date. 

7 SEC. 826. ACCESS TO VAWA PROTECTION REGARDLESS OF 

8 MANNER OF ENTRY. 

9 (a) FIANCEES.— 

10 (1) IN GENERAL.—Section 214(d) of the Immi11 gration and Nationality Act (8 U.S.C. 1184(d)) is 

12 amended by inserting before the period at the end 

13 the following: ‘‘, unless the alien is not eligible under 

14 section 204(c) to have a petition approved and is eli15 gible for status as a VAWA petitioner, for status as 

16 a nonimmigrant under subparagraph (T) or (U) of 

17 section 101(a)(15)(T), or for relief under section 

18 240A(b)(2) or under section 244(a)(3) (as in effect 

19 on March 31, 1997)’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) shall take effect on the date of the 

22 enactment of this Act and shall apply to aliens ad23 mitted before, on, or after such date. 

24 (b) SPOUSES WHO ARE CONDITIONAL PERMANENT

25 RESIDENTS.— 
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1 (1) IN GENERAL.—Section 245(d) of the Immi2 gration and Nationality Act (8 U.S.C. 1255(d)) is 

3 amended— 

4 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

5 (B) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) Paragraph (1) shall not apply to an alien who 

8 seeks adjustment of status on the basis of an approved 

9 petition for classification as a VAWA petitioner.’’. 

10 (2) CONFORMING CLARIFICATION IN CANCELLA11 TION OF REMOVAL.—Section 240A(b)(2)(A) of such 

12 Act (8 U.S.C. 1229b(b)(2)(A)) is amended, in the 

13 matter before clause (i), by inserting ‘‘, regardless of 

14 whether the alien has been admitted for permanent 

15 residence on a conditional basis under section 216,’’ 

16 before ‘‘if the alien demonstrates’’. 

17 (3) SUSPENSION OF DEPORTATION.—An alien 

18 may qualify for relief under section 244(a)(3) of the 

19 Immigration and Nationality Act (as in effect on 

20 March 31, 1997), regardless of whether the alien 

21 has been admitted for permanent residence on a con22 ditional basis under section 216 of such Act. 

23 (4) EFFECTIVE DATE.—The amendments made 

24 by this subsection, and the provisions of paragraph 

25 (3), shall take effect on the date of the enactment 
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1 of this Act and shall apply to applications for adjust2 ment of status, for cancellation of removal, or for 

3 suspension of deportation filed before, on, or after 

4 such date. 

5 (c) SPOUSES AND CHILDREN OF ASYLUM APPLI6 CANTS UNDER ADJUSTMENT PROVISIONS.— 

7 (1) IN GENERAL.—Section 209(b)(3) of the Im8 migration and Nationality Act (8 U.S.C. 1159(b)(3)) 

9 is amended— 

10 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

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

12 ‘‘(B) was the spouse of a refugee within the 

13 meaning of section 101(a)(42)(A) at the time the 

14 asylum application was granted and who was bat15 tered or was the subject of extreme cruelty per16 petrated by such refugee or whose child was battered 

17 or subjected to extreme cruelty by such refugee 

18 (without the active participation of such spouse in 

19 the battery or cruelty), or 

20 ‘‘(C) was the child of a refugee within the 

21 meaning of section 101(a)(42)(A) at the time of the 

22 filing of the asylum application and who was bat23 tered or was the subject of extreme cruelty per24 petrated by such refugee,’’. 
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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect on the date of the 

3 enactment of this Act and— 

4 (A) section 209(b)(3)(B) of the Immigra5 tion and Nationality Act, as added by para6 graph (1)(B), shall apply to asylum applications 

7 granted before, on, or after such date; and 

8 (B) section 209(b)(3)(C) of such Act, as so 

9 added, shall apply with respect to asylum appli10 cations filed before, on, or after such date. 

11 (d) VISA WAIVER ENTRANTS.— 

12 (1) IN GENERAL.—Section 217(b)(2) of such 

13 Act (8 U.S.C. 1187(b)(2)) is amended by inserting 

14 after ‘‘asylum,’’ the following: ‘‘as a VAWA peti15 tioner, or for relief under subparagraph (T) or (U) 

16 of section 101(a)(15), under section 240A(b)(2), or 

17 under section 244(a)(3) (as in effect on March 31, 

18 1997),’’. 

19 (2) EFFECTIVE DATE.—The amendment made 

20 by paragraph (1) shall take effect on the date of the 

21 enactment of this Act and shall apply to waivers 

22 provided under section 217(b)(2) of the Immigration 

23 and Nationality Act before, on, or after such date as 

24 if it had been included in such waivers. 
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1 (e) EXCEPTION FROM FOREIGN RESIDENCE RE2 QUIREMENT FOR EDUCATIONAL VISITORS.— 

3 (1) IN GENERAL.—Section 212(e) of such Act 

4 (8 U.S.C. 1182(e)) is amended, in the matter before 

5 the first proviso, by inserting ‘‘unless the alien is a 

6 VAWA petitioner or a nonimmigrant under subpara7 graph (T) or (U) of section 101(a)(15)’’ after ‘‘fol8 lowing departure from the United States’’. 

9 (2) EFFECTIVE DATE.—The amendment made 

10 by paragraph (1) shall take effect on the date of the 

11 enactment of this Act and shall apply to . 

12 SEC. 827. ELIMINATING ABUSERS’ CONTROL OVER APPLI13 CATIONS FOR ADJUSTMENTS OF STATUS. 

14 (a) APPLICATION OF MOTIONS TO REOPEN FOR ALL

15 VAWA PETITIONERS.—Section 240(c)(7)(C)(iv) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1230(c)(7)(C)(iv)), as redesignated by section 101(d)(1) 

18 of the REAL ID Act of 2005 (Division B of Public Law 

19 109–13), is amended— 

20 (1) in subclause (I), by striking ‘‘under clause 

21 (iii) or (iv) of section 204(a)(1)(A), clause (ii) or 

22 (iii) of section 204(a)(1)(B)’’ and inserting ‘‘as a 

23 VAWA petitioner’’; and 

24 (2) in subclause (II), by inserting ‘‘or adjust25 ment of status’’ after ‘‘cancellation of removal’’. 
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1 (b) APPLICATION OF VAWA DEPORTATION PROTEC2 TIONS FOR TRANSITIONAL RELIEF TO ALL VAWA PETI3 TIONERS.—Section 1506(c)(2) of the Violence Against 

4 Women Act of 2000 (8 U.S.C. 1229a note) is amended— 

5 (1) in subparagraph (A)— 

6 (A) by amending clause (i) to read as fol7 lows: 

8 ‘‘(i) if the basis of the motion is to 

9 apply for relief as a VAWA petitioner (as 

10 defined in section 101(a)(51) of the Immi11 gration and Nationality Act (8 U.S.C. 

12 1101(a)(51)) or under section 244(a)(3) of 

13 such Act (8 U.S.C. 1254(a)(3)); and’’; and 

14 (B) in clause (ii), by inserting ‘‘or adjust15 ment of status’’ after ‘‘suspension of deporta16 tion’’; and 

17 (2) in subparagraph (B)(ii), by striking ‘‘for re18 lief’’ and all that follows through ‘‘1101 note))’’ and 

19 inserting ‘‘for relief described in subparagraph 

20 (A)(i)’’. 

21 (c) APPLICATION OF VAWA-RELATED RELIEF

22 UNDER SECTION 202 OF NACARA.— 

23 (1) IN GENERAL.—Section 202(d)(1) of the 

24 Nicaraguan Adjustment and Central American Re-
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1 lief Act (8 U.S.C. 1255 note; Public Law 105–100) 

2 is amended— 

3 (A) in subparagraph (B)(ii), by inserting 

4 ‘‘, or was eligible for adjustment,’’ after ‘‘whose 

5 status is adjusted’’; and 

6 (B) in subparagraph (E), by inserting 

7 after ‘‘April 1, 2000’’ the following: ‘‘, or, in 

8 the case of an alien who qualifies under sub9 paragraph (B)(ii), applies for such adjustment 

10 during the 18-month period beginning on the 

11 date of enactment of the Violence Against 

12 Women Act of 2005’’ . 

13 (2) TECHNICAL AMENDMENT.—Section 

14 202(d)(3) of such Act (8 U.S.C. 1255 note; Public 

15 Law 105–100) is amended by striking 

16 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

17 (3) EFFECTIVE DATE.—The amendment made 

18 by paragraph (2) shall take effect as if included in 

19 the enactment of VAWA–2000. 

20 (d) PETITIONING RIGHTS OF CERTAIN FORMER

21 SPOUSES UNDER CUBAN ADJUSTMENT.— 

22 (1) IN GENERAL.—The first section of Public 

23 Law 89–732 (8 U.S.C. 1255 note) is amended— 
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1 (A) in the last sentence, by striking 

2 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; 

3 and 

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

5 ‘‘An alien who was the spouse of any Cuban 

6 alien described in this section and has resided 

7 with such spouse shall continue to be treated as 

8 such a spouse for 2 years after the date on 

9 which the Cuban alien dies (or, if later, 2 years 

10 after the date of enactment of Violence Against 

11 Women Act of 2005), or for 2 years after the 

12 date of termination of the marriage (or, if later, 

13 2 years after the date of enactment of Violence 

14 Against Women Act of 2005) if the alien dem15 onstrates a connection between the termination 

16 of the marriage and the battering or extreme 

17 cruelty by the Cuban alien.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1)(A) shall take effect as if included 

20 in the enactment of VAWA–2000. 

21 (e) SELF-PETITIONING RIGHTS OF HRIFA APPLI22 CANTS.— 

23 (1) IN GENERAL.—Section 902(d)(1)(B) of the 

24 Haitian Refugee Immigration Fairness Act of 1998 

25 (division A of section 101(h) of Public Law 105– 
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1 277; 112 Stat. 2681–538; 8 U.S.C. 1255 note), as 

2 amended by section 1511(a) of VAWA–2000, is 

3 amended— 

4 (A) in clause (i), by striking ‘‘whose status 

5 is adjusted to that of an alien lawfully admitted 

6 for permanent residence’’ and inserting ‘‘who is 

7 or was eligible for classification’’; 

8 (B) in clause (ii), by striking ‘‘whose sta9 tus is adjusted to that of an alien lawfully ad10 mitted for permanent residence’’ and inserting 

11 ‘‘who is or was eligible for classification’’; and 

12 (C) in clause (iii), by striking 

13 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’ . 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1)(C) shall take effect as if included 

16 in the enactment of VAWA–2000. 

17 (f) SELF-PETITIONING RIGHTS UNDER SECTION 203 

18 OF NACARA.—Section 309 of the Illegal Immigration 

19 and Reform and Immigrant Responsibility Act of 1996 

20 (division C of Public Law 104–208; 8 U.S.C. 1101 note), 

21 as amended by section 203(a) of the Nicaraguan Adjust22 ment and Central American Relief Act (8 U.S.C. 1255 

23 note; Public Law 105–100), is amended— 

24 (1) in subsection (c)(5)(C)(i)(VII)(aa), as 

25 amended by section 1510(b) of VAWA–2000— 
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1 (A) by striking ‘‘or’’ at the end of subitem 

2 (BB); 

3 (B) by striking ‘‘and’’ at the end of 

4 subitem (CC) and inserting ‘‘or’’; and 

5 (C) by adding at the end the following new 

6 subitem: 

7 ‘‘(DD) at the time at which 

8 the spouse or child files an appli9 cation for suspension of deporta10 tion or cancellation of removal; 

11 and’’; and 

12 (2) in subsection (g)— 

13 (A) by inserting ‘‘(1)’’ before ‘‘Notwith14 standing’’; 

15 (B) by inserting ‘‘subject to paragraph 

16 (2),’’ after ‘‘section 101(a) of the Immigration 

17 and Nationality Act)),’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) There shall be no limitation on a motion to re21 open removal or deportation proceedings in the case of an 

22 alien who is described in subclause (VI) or (VII) of sub23 section (c)(5)(C)(i). Motions to reopen removal or deporta24 tion proceedings in the case of such an alien shall be han25 dled under the procedures that apply to aliens seeking re-
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1 lief under section 204(a)(1)(A)(iii) of the Immigration and 

2 Nationality Act.’’. 

3 (g) EFFECTIVE DATE.—Except as otherwise provided 

4 in this section, the amendments made by this section shall 

5 take effect on the date of the enactment of this Act. 

6 SEC. 828. PAROLE FOR VAWA PETITIONERS AND DERIVA7 TIVES. 

8 (a) IN GENERAL.—Section 240A(b)(4) of the Immi9 gration and Nationality Act (8 U.S.C. 1229b(b)(4)) is 

10 amended— 

11 (1) in the heading, by inserting ‘‘BATTERED

12 ALIENS AND’’ before ‘‘CHILDREN OF BATTERED

13 ALIENS’’; 

14 (2) in subparagraph (A)— 

15 (A) by striking ‘‘or’’ at the end of clause 

16 (i); 

17 (B) by striking the period at the end of 

18 clause (ii) and inserting ‘‘; or’’; and 

19 (C) by adding at the end the following new 

20 clause: 

21 ‘‘(iii) a VAWA petitioner.’’; and 

22 (3) in subparagraph (B)— 

23 (A) in the first sentence, by inserting ‘‘on 

24 a year-by-year basis’’ after ‘‘shall extend’’; and 
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1 (B) in the first sentence, by inserting ‘‘or, 

2 in the case of subparagraph (A)(iii), from the 

3 date of approval of the applicable petition’’ 

4 after ‘‘1996)’’. 

5 (b) CONFORMING AMENDMENT.—Section 212(d)(5) 

6 of such Act (8 U.S.C. 1182(d)(5)) is amended by adding 

7 at the end the following new subparagraph: 

8 ‘‘(C) For provision providing for parole for certain 

9 battered aliens, children or battered aliens, and parents 

10 of battered alien children, see section 240A(b)(4).’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect on the date of the enactment 

13 of this Act. 

14 SEC. 829. EXEMPTION OF VICTIMS OF DOMESTIC VIO15 LENCE, SEXUAL ASSAULT AND TRAFFICKING 

16 FROM SANCTIONS FOR FAILURE TO DEPART 

17 VOLUNTARILY. 

18 (a) IN GENERAL.—Section 240B(d) of the Immigra19 tion and Nationality Act (8 U.S.C. 1229c(d)) is amend20 ed— 

21 (1) by striking ‘‘If’’ and inserting ‘‘(1) Subject 

22 to paragraph (2), if’’; and 

23 (2) by adding at the end the following new 

24 paragraph:: 
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1 ‘‘(2) The ineligibility for relief under paragraph (1) 

2 shall not apply to an alien who is a VAWA petitioner, who 

3 is seeking status as a nonimmigrant under subparagraph 

4 (T) or (U) of section 101(a)(15), or who is an applicant 

5 for relief under section 240A(b)(2) or under section 

6 244(a)(3) (as in effect on March 31, 1997).’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall apply as if included in the enactment 

9 of the Immigration Reform and Immigrant Responsibility 

10 Act of 1996 (division C of Public Law 104–208) and shall 

11 apply to failures to depart voluntarily occurring before, on, 

12 or after the date of the enactment of this Act. 

13 SEC. 830. CLARIFICATION OF ACCESS TO NATURALIZATION 

14 FOR VICTIMS OF DOMESTIC VIOLENCE. 

15 (a) IN GENERAL.—Section 319(a) of the Immigra16 tion and Nationality Act (8 U.S.C. 1430(a)) is amended 

17 by inserting after ‘‘extreme cruelty by a United States cit18 izen spouse or parent’’ the following: ‘‘, regardless of 

19 whether the lawful permanent resident status was ob20 tained on the basis of such battery or cruelty’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act and shall apply to applications for natu24 ralization filed before, on, or after the date of the enact25 ment of this Act. 
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1 SEC. 831. CONSOLIDATING ADJUDICATION OF VAWA CASES 

2 IN VAWA UNIT. 

3 (a) IN GENERAL.—Subtitle F of title IV of the 

4 Homeland Security Act of 2002 (Public Law 107–296) 

5 is amended by adding at the end the following new section: 

6 ‘‘SEC. 479. CONSOLIDATED ADJUDICATION OF VAWA CASES 

7 IN VAWA UNIT. 

8 ‘‘(a) SOLE JURISDICTION.—The Secretary of Home9 land Security shall designate the VAWA unit as the ad10 ministrative unit within the Department of Homeland Se11 curity with sole jurisdiction over the adjudication of the 

12 following: 

13 ‘‘(1) Applications and petitions of VAWA peti14 tioners described in section 101(a)(51) of the Immi15 gration and Nationality Act (8 U.S.C. 1101(a)(51)). 

16 ‘‘(2) Applications for nonimmigrant status 

17 under subparagraph (T) or (U) of section 

18 101(a)(15) of the Immigration and Nationality Act 

19 (8 U.S.C. 1101(a)(15)). 

20 ‘‘(3) Applications seeking relief under para21 graph (2) or (4) of section 240A(b) of the Immigra22 tion and Nationality Act (8 U.S.C. 122b(b)). 

23 ‘‘(4) Applications for adjustment of status by 

24 VAWA petitioners who are described in subpara25 graph (A) or (B) of section 101(a)(51) of such Act. 
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1 ‘‘(5) Applications for employment authorization 

2 under section 214(c)(11). 

3 ‘‘(b) ADDITIONAL JURISDICTION.—The VAWA unit 

4 may have jurisdiction over such other matters as the Sec5 retary may specify. 

6 ‘‘(c) VAWA UNIT DEFINED.—For purposes of this 

7 section, the term ‘VAWA unit’ means the administrative 

8 unit within the Department of Homeland Security that 

9 has responsibility as of May 1, 2005, for petitions under 

10 subparagraphs (A)(iii), (A)(iv), (B)(ii), and (B)(iii) of sec11 tion 204(a)(1) of the Immigration and Nationality Act 

12 and for applications for nonimmigrant status under sub13 paragraphs (T) and (U) of section 101(a)(15) of such 

14 Act.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by inserting after 

17 the item relating to section 478 the following new item: 

‘‘Sec. 479. Consolidated adjudication of VAWA cases in VAWA unit.’’. 

18 (c) EFFECTIVE DATE.—The amendment made by 

19 paragraph (1) shall apply to applications and petitions 

20 filed on or after the date that is 180 days after the date 

21 of the enactment of this Act and, to the extent feasible, 

22 to applications and petitions filed before such date. 
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1 SEC. 832. PROHIBITION OF ADVERSE DETERMINATIONS OF 

2 ADMISSIBILITY OR DEPORTABILITY BASED 

3 ON PROTECTED INFORMATION. 

4 (a) APPLICATION TO ADDITIONAL DEPARTMENTS

5 AND OTHER BATTERED ALIENS.—Section 384 of the Ille6 gal Immigration Reform and Immigrant Responsibility 

7 Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 

8 1367) is amended— 

9 (1) in subsection (a), as amended by section 

10 1513(d) of VAWA–2000— 

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

12 striking ‘‘(including any bureau or agency of 

13 such Department)’’ and inserting ‘‘, or the Sec14 retary of Homeland Security, the Secretary of 

15 State, the Secretary of Health and Human 

16 Services, or the Secretary of Labor or any other 

17 official or employee of the Department of 

18 Homeland Security, the Department of State, 

19 the Department of Health and Human Services, 

20 or the Department of Labor (including any bu21 reau or agency of any such Department)’’; 

22 (B) in paragraph (1)— 

23 (i) in the matter before subparagraph 

24 (A), by striking ‘‘furnished solely by’’ and 

25 inserting ‘‘furnished by or derived from in26 formation provided solely by’’; 
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1 (ii) by striking ‘‘or’’ at the end of sub2 paragraph (D); 

3 (iii) by adding ‘‘or’’ at the end of sub4 paragraph (E); and 

5 (iv) by inserting after subparagraph 

6 (E) the following new subparagraph: 

7 ‘‘(F) in the case of an alien applying for 

8 continued presence as a victim of trafficking 

9 under section 107(b)(1)(E)(i)(II)(bb) of the 

10 Trafficking Protection Act of 2000 or status 

11 under section 101(a)(15)(T) of the Immigration 

12 and Nationality Act, the trafficker or perpe13 trator,’’; and 

14 (v) by striking ‘‘or’’ at the end; 

15 (C) in paragraph (2)— 

16 (i) by striking ‘‘of the Department,’’ 

17 and inserting ‘‘of any such Department,’’; 

18 (ii) by striking ‘‘under clause (iii) or 

19 (iv) of section 204(a)(1)(A), clause (ii) or 

20 (iii) of section 204(a)(1)(B)’’ and inserting 

21 ‘‘as a VAWA petitioner (as defined in sec22 tion 101(a)(51) of the Immigration and 

23 Nationality Act), or under’’; 

24 (iii) by striking ‘‘or section 

25 240A(a)(3) of such Act as an alien (or the 
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1 part of a child) who has been battered or 

2 subjected to extreme cruelty.’’ and insert3 ing the following: ‘‘, section 101(a)(15)(T), 

4 or section 240A(b)(2) of such Act, or sec5 tion 244(a)(3) of such Act (as in effect on 

6 March 31, 1997), or for continued pres7 ence as a victim of trafficking under sec8 tion 107(b)(1)(E)(i)(II)(bb) of the Traf9 ficking Protection Act of 2000, or any de10 rivative of the alien;’’; and 

11 (iv) by striking the period at the end 

12 and inserting a semicolon; and 

13 (D) by inserting after paragraph (2) the 

14 following: 

15 ‘‘(3) undertake any part of an enforcement ac16 tion— 

17 ‘‘(A) at a domestic violence shelter, a vic18 tims services organization or program (as de19 scribed in section 2003(8) of the Omnibus 

20 Crime Control and Safe Streets Act of 1968), 

21 a rape crisis center, a family justice center, or 

22 a supervised visitation center; or 

23 ‘‘(B) against an alien at a courthouse (or 

24 in connection with the appearance of the alien 

25 at a courthouse) if the alien is appearing in 
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1 connection with a protection order case, child 

2 custody case, or other civil or criminal case re3 lating to domestic violence, sexual assault, traf4 ficking, or stalking in which the alien has been 

5 battered or subject to extreme cruelty or if the 

6 alien is described in subparagraph (T) or (U) of 

7 section 101(a)(15) of the Immigration and Na8 tionality Act; or 

9 ‘‘(4) in the case of an alien described in section 

10 101(a)(27)(J) of the Immigration and Nationality 

11 Act who has been abused, neglected, or abandoned, 

12 contact the alleged abuser (or family member of the 

13 alleged abuser) at any stage of applying for special 

14 immigrant juvenile status, including after a request 

15 for the consent of the Secretary of Homeland Secu16 rity under clause (iii)(I) of such section.’’; and 

17 (2) in subsection (b)— 

18 (A) in paragraphs (1), by striking ‘‘may 

19 provide, in the Attorney General’s discretion’’ 

20 and inserting ‘‘, Secretary of Homeland Secu21 rity, Secretary of State, Secretary of Health 

22 and Human Services, and Secretary of Labor 

23 may provide’’; 

24 (B) in paragraph (2), by striking ‘‘may 

25 provide in the discretion of the Attorney Gen-
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1 eral’’ and inserting ‘‘, Secretary of Homeland 

2 Security, Secretary of State, Secretary of 

3 Health and Human Services, and the Secretary 

4 of Labor may provide’’; and 

5 (C) in paragraph (5), by striking ‘‘is au6 thorized to disclose’’ and inserting ‘‘, Secretary 

7 of Homeland Security, Secretary of State, Sec8 retary of Health and Human Services, and Sec9 retary of Labor, or Attorney General may dis10 close’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act and shall apply to violations or disclo14 sures made on or after such date. 

15 PART 3—MISCELLANEOUS PROVISIONS 

16 SEC. 841. REMOVING 2 YEAR CUSTODY AND RESIDENCY RE17 QUIREMENT FOR BATTERED ADOPTED CHIL18 DREN. 

19 (a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1101(b)(1)(E)(i)) is amended by inserting after ‘‘at least 

22 two years’’ the following: ‘‘or if the child has been battered 

23 or subject to extreme cruelty by the adopting parent or 

24 by a family member of the adopting parent residing in 

25 the same household’’. 
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1 (b) CONFORMING NATURALIZATION AMENDMENT.— 

2 Section 320(a)(3) of such Act (8 U.S.C. 1431(a)(3)) is 

3 amended by inserting before the period at the end the fol4 lowing: ‘‘or the child is residing in the United States pur5 suant to a lawful admission for permanent residence and 

6 has been battered or subject to extreme cruelty by the cit7 izen parent or by a family member of the citizen parent 

8 residing in the same household ’’ 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of the enactment 

11 of this Act and shall apply to applications pending or filed 

12 on or after such date. 

13 SEC. 842. WAIVER OF CERTAIN GROUNDS OF INADMIS14 SIBILITY FOR VAWA PETITIONERS. 

15 (a) WAIVER OF UNLAWFUL PRESENCE.—Paragraph 

16 (9)(B)(iii)(IV) of section 212(a) of the Immigration and 

17 Nationality Act (8 U.S.C. 1182(a)) is amended by striking 

18 ‘‘who would be described in paragraph (6)(A)(ii)’’ and all 

19 that follows and by inserting ‘‘who demonstrates that the 

20 alien is described in subclauses (I) and (II) of paragraph 

21 (6)(A)(ii).’’. 

22 (b) WAIVER OF FALSE CLAIM OF U.S. CITIZEN23 SHIP.— 

24 (1) IN GENERAL.—Section 212(i)(1) of such 

25 Act (8 U.S.C. 1182(i)(1)) is amended by inserting 
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1 ‘‘(and, in the case of a VAWA petitioner who dem2 onstrates a connection between the false claim of 

3 United States citizenship and the petitioner being 

4 subjected to extreme cruelty or physical or mental 

5 abuse, clause (ii))’’ after ‘‘clause (i)’’. 

6 (2) CONFORMING REFERENCE.—Section 

7 212(a)(6)(C)(iii) of such Act (8 U.S.C. 

8 1182(a)(6)(C)(iii)) is amended by striking ‘‘clause 

9 (i)’’and inserting ‘‘clauses (i) and (ii)’’. 

10 (c) EXEMPTION FROM PUBLIC CHARGE GROUND.— 

11 (1) IN GENERAL.—Section 212(a)(4) of such 

12 Act (8 U.S.C. 1182(a)(4)) is amended by adding at 

13 the end the following new subparagraph: 

14 ‘‘(E) SPECIAL RULE FOR BATTERED

15 ALIENS.—Subparagraphs (A) through (C) shall 

16 not apply to an alien who is a VAWA petitioner 

17 or is a qualified alien described in section 

18 431(c) of the Personal Responsibility and Work 

19 Opportunity Reconciliation Act of 1996.’’. 

20 (2) CONFORMING AMENDMENT.—Section 

21 212(a)(4)(C)(i) of such Act (8 U.S.C. 

22 1182(a)(4)(C)(i)) is amended to read as follows: 

23 ‘‘(i) the alien is described in subpara24 graph (E); or’’. 
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1 (d) EFFECTIVE DATE.—Except as provided in this 

2 section, the amendments made by this section shall take 

3 effect on the date of the enactment of this Act and shall 

4 apply regardless of whether the conviction was entered, 

5 crime, or disqualifying event occurred before, on, or after 

6 such date. 

7 SEC. 843. TREATMENT OF GOOD MORAL CHARACTER. 

8 (a) IN GENERAL.—Section 101(a)(43) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 

10 amended—— 

11 (1) in subparagraphs (F) and (G), by striking 

12 ‘‘at least one year’’ and inserting ‘‘is more than one 

13 year’’; 

14 (2) in subparagraph (J), by striking ‘‘one year 

15 imprisonment or more’’ by inserting ‘‘imprisonment 

16 of more than one year’’; 

17 (3) in subparagraph (P), by striking ‘‘at least 

18 12 months’’ and inserting ‘‘more than one year’’; 

19 and 

20 (4) in subparagraphs (R) and (S), by striking 

21 ‘‘at least one year’’ and inserting ‘‘more than one 

22 year’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect on the date of the enact25 ment of this Act and shall apply to all convictions entered 
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1 (and criminal acts occurring) before, on, or after the date 

2 of the enactment of this Act. 

3 SEC. 844. EMPLOYMENT AUTHORIZATION FOR BATTERED 

4 SPOUSES OF H–1B VISA HOLDERS. 

5 (a) IN GENERAL.—Section 214(c) of the Immigration 

6 and Nationality Act (8 U.S.C. 1184(c)), as amended by 

7 sections 403(a) and 404(a) of the REAL ID Act of 2005 

8 (Division B of Public Law 109–13), is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(15) In the case of an alien spouse admitted under 

11 section 101(a)(15)(H) who is accompanying or following 

12 to join a principal alien admitted under section 

13 101(a)(15)(H)(i)(B), the Secretary of Homeland Security 

14 shall authorize the alien spouse to engage in employment 

15 in the United States and provide the spouse with an ‘em16 ployment authorized’ endorsement or other appropriate 

17 work permit if the alien spouse demonstrates that during 

18 the marriage the alien spouse or a child of the alien spouse 

19 has been battered or has been the subject to extreme cru20 elty perpetrated by the spouse of the alien spouse.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act and shall apply to aliens who obtained 

24 the status of an alien spouse admitted under section 
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1 101(a)(15)(H) of the Immigration and Nationality Act be2 fore, on, or after such date. 

3 SEC. 845. GROUNDS FOR HARDSHIP WAIVER FOR CONDI4 TIONAL PERMANENT RESIDENCE FOR IN5 TENDED SPOUSES. 

6 (a) IN GENERAL.—Section 216(c)(4) of the Immigra7 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend8 ed— 

9 (1) by striking ‘‘or’’ at the end of subparagraph 

10 (B); 

11 (2) by striking the period at the end of sub12 paragraph (C) and inserting ‘‘, or’’; and 

13 (3) by inserting after subparagraph (C) the fol14 lowing new subparagraph: 

15 ‘‘(D) the alien meets the requirements 

16 under section 204(a)(1)(A)(iii)(II)(aa)(BB) and 

17 following the marriage ceremony has been bat18 tered by or was subject to extreme cruelty per19 petrated by his or her intended spouse and was 

20 not at fault in failing to meet the requirements 

21 of paragraph (1).’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall apply as if included in the enactment 

24 of VAWA–2000. 
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1 SEC. 846. CANCELLATION OF REMOVAL. 

2 (a) CLARIFYING APPLICATION OF DOMESTIC VIO3 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE4 MOVAL.— 

5 (1) IN GENERAL.—Section 240A(b) of the Im6 migration and Nationality Act (8 U.S.C. 1229b(b)) 

7 is amended— 

8 (A) in paragraph (1)(C), by striking ‘‘(ex9 cept in a case described in section 237(a)(7) 

10 where the Attorney General exercises discretion 

11 to grant a waiver)’’ and inserting ‘‘, subject to 

12 paragraph (5)’’; 

13 (B) in paragraph (2)(A), by amending 

14 clause (iv) to read as follows: 

15 ‘‘(iv) subject to paragraph (5), the 

16 alien is not inadmissible under section 

17 212(a)(2) or removable under section 

18 237(a)(2) or 237(a)(3); and ’’; and 

19 (C) by adding at the end the following new 

20 paragraph: 

21 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

22 WAIVER AUTHORITY.—Paragraphs (1)(C) and 

23 (2)(A)(iv) shall not apply with respect to an offense 

24 described in clause (i) or (ii) of section 237(a)(2)(E) 

25 in the case described in section 237(a)(7)(A).’’. 
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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall apply as if included in the 

3 enactment of section 1504(a) of VAWA–2000. 

4 (b) CLARIFYING NONAPPLICATION OF CANCELLA5 TION CAP.— 

6 (1) IN GENERAL.—Section 240A(e)(3) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1229b(e)(3)) is amended by adding at the end the 

9 following new subparagraph: 

10 ‘‘(C) Aliens with respect to their cancella11 tion of removal under subsection (b)(2).’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply to cancellations of re14 moval occurring on or after October 1, 2004. 

15 SEC. 847. MOTIONS TO REOPEN. 

16 (a) REMOVAL PROCEEDINGS.— 

17 (1) IN GENERAL.—Section 240(c)(7) of the Im18 migration and Nationality Act (8 U.S.C. 

19 1230(c)(7)), as redesignated by section 101(d)(1) of 

20 the REAL ID Act of 2005 (Division B of Public 

21 Law 109–13), is amended— 

22 (A) in subparagraph (A), by inserting ‘‘, 

23 except that this limitation shall not apply so as 

24 to prevent the filing of one motion to reopen de-
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1 scribed in clause (iv)’’ before the period at the 

2 end; 

3 (B) in subparagraph (C)(iv), in the matter 

4 before subclause (I), by striking ‘‘The deadline 

5 specified in subsection (b)(5)(C) for filing a mo6 tion to reopen does not apply’’ and inserting 

7 ‘‘Any limitation under this section on the dead8 lines for filing such motions shall not apply’’; 

9 and 

10 (C) in subparagraph (C)(iv), by adding 

11 after and below subclause (III) the following 

12 new sentence: 

13 ‘‘The filing of a motion to reopen under 

14 this clause shall stay the removal of the 

15 alien pending final disposition of the mo16 tion including exhaustion of all appeals.’’. 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by paragraph (1) shall take effect on the date of the 

19 enactment of this Act. 

20 (b) DEPORTATION PROCEEDINGS.— 

21 (1) IN GENERAL.—Section 1506(c)(2)(A) of 

22 VAWA–2000 is amended— 

23 (A) in the matter before clause (i), by 

24 striking ‘‘Notwithstanding any limitation im25 posed by law on motions’’ inserting ‘‘Notwith-
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1 standing any limitation on the number of mo2 tions, or the deadlines for filing motions (in3 cluding the deadline specified in section 

4 242B(c)(3) of the Immigration and Nationality 

5 Act before the title III–A effective date),’’; 

6 (B) in the matter before clause (i), by 

7 striking ‘‘there is no time limit on the filing of 

8 a motion’’ and all that follows through ‘‘does 

9 not apply’’ and inserting ‘‘such limitations shall 

10 not apply to the filing of a single motion under 

11 this subparagraph to reopen such proceedings’’; 

12 and 

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

14 ‘‘The filing of a motion under this subpara15 graph shall stay the removal of the alien pend16 ing a final disposition of the motion including 

17 the exhaustion of all appeals.’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by paragraph (1) shall take effect on the date of the 

20 enactment of this Act . 

21 SEC. 848. REMOVAL PROCEEDINGS. 

22 (a) EXCEPTION TO REINSTATEMENT OF REMOVAL.— 

23 (1) IN GENERAL.—Section 241(a)(5) of the Im24 migration and Nationality Act (8 U.S.C. 1251(a)(5)) 

25 is amended by adding at the end the following: ‘‘The 
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1 provisions of this paragraph shall not apply to an 

2 alien who, before reinstatement of the removal order, 

3 sought relief as a VAWA petitioner, applied for sta4 tus as a nonimmigrant under subparagraph (T) or 

5 (U) of section 101(a)(15), or applied for relief under 

6 section 240A(b)(2)or section 244(a)(3) (as in effect 

7 on March 31, 1997).’’. 

8 (2) EFFECTIVE DATE.—The amendment made 

9 by paragraph (1) shall take effect on the date of the 

10 enactment of this Act. 

11 (b) TREATMENT OF BATTERY OR EXTREME CRU12 ELTY AS EXCEPTIONAL CIRCUMSTANCES.— 

13 (1) IN GENERAL.—Section 240(e)(1) of such 

14 Act (8 U.S.C. 1230(e)(1)) is amended by inserting 

15 ‘‘battery or extreme cruelty of the alien or any child 

16 or parent of the alien or’’ after ‘‘exceptional cir17 cumstances (such as’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall take effect on the date of the 

20 enactment of this Act and shall apply to a failure to 

21 appear that occurs before, on, or after such date. 
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1 SEC. 849. CONFORMING RELIEF IN SUSPENSION OF DEPOR2 TATION PARALLEL TO THE RELIEF AVAIL3 ABLE IN VAWA–2000 CANCELLATION FOR 

4 BIGAMY. 

5 Section 244(a)(3) of the Immigration and Nationality 

6 Act (as in effect before the title III–A effective date in 

7 section 309 of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996) shall be applied as if 

9 ‘‘or by a United States citizen or lawful permanent resi10 dent whom the alien intended to marry, but whose mar11 riage is not legitimate because of that United States citi12 zen’s or permanent resident’s bigamy’’ were inserted after 

13 ‘‘by a spouse or parent who is a United States citizen or 

14 lawful permanent resident’’. 

15 SEC. 850. CORRECTION OF CROSS-REFERENCE TO CRED16 IBLE EVIDENCE PROVISIONS. 

17 (a) CUBAN ADJUSTMENT PROVISION.—The last sen18 tence of the first section of Public Law 89–732 (November 

19 2, 1966; 8 U.S.C. 1255 note), as amended by section 

20 1509(a) of VAWA–2000, is amended by striking 

21 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 

22 (b) NACARA.—Section 202(d)(3) of the Nicaraguan 

23 Adjustment and Central American Relief Act (8 U.S.C. 

24 1255 note; Public Law 105–100), as amended by section 

25 1510(a)(2) of VAWA–2000, is amended by striking 

26 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
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1 (c) IIARAIRA.—Section 309(c)(5)(C)(iii) of the Ille2 gal Immigration and Reform and Immigrant Responsi3 bility Act of 1996 (division C of Public Law 104–208; 8 

4 U.S.C. 1101 note), as amended by section 1510(b)(2) of 

5 VAWA–2000, is amended by striking ‘‘204(a)(1)(H)’’ and 

6 inserting ‘‘204(a)(1)(J)’’. 

7 (d) HRIFA.—Section 902(d)(1)(B)(iii) of the Hai8 tian Refugee Immigration Fairness Act of 1998 (division 

9 A of section 101(h) of Public Law 105–277; 112 Stat. 

10 2681–538), as amended by section 1511(a) of VAWA– 

11 2000, is amended by striking ‘‘204(a)(1)(H)’’ and insert12 ing ‘‘204(a)(1)(J)’’. 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect as if included in the enact15 ment of VAWA–2000. 

16 SEC. 851. TECHNICAL CORRECTIONS. 

17 (a) TECHNICAL CORRECTIONS TO REFERENCES IN

18 APPLICATION OF SPECIAL PHYSICAL PRESENCE AND

19 GOOD MORAL CHARACTER RULES.— 

20 (1) PHYSICAL PRESENCE RULES.—Section 

21 240A(b)(2)(B) of the Immigration and Nationality 

22 Act (8 U.S.C. 1229b(b)(2)(B)) is amended— 

23 (A) in the first sentence, by striking 

24 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 
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1 (B) in the fourth sentence, by striking 

2 ‘‘section 240A(b)(2)(B)’’ and inserting ‘‘this 

3 subparagraph, subparagraph (A)(ii),’’. 

4 (2) MORAL CHARACTER RULES.—Section 

5 240A(b)(2)(C) of such Act (8 U.S.C. 

6 1229b(b)(2)(C)) is amended by striking 

7 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall be effective as if included in 

10 the enactment of section 1504(a) of VAWA (114 

11 Stat. 1522). 

12 (b) CORRECTION OF CROSS-REFERENCE ERROR IN

13 APPLYING GOOD MORAL CHARACTER.— 

14 (1) IN GENERAL.—Section 101(f)(3) of the Im15 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

16 is amended by striking ‘‘(9)(A)’’ and inserting 

17 ‘‘(10)(A)’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall be effective as if included in 

20 the enactment of the Illegal Immigration Reform 

21 and Immigrant Responsibility Act of 1996 (Public 

22 Law 104–208). 

23 (c) PUNCTUATION CORRECTION.—Effective as if in24 cluded in the enactment of section 5(c)(2) of VAWA– 

25 2000, section 237(a)(1)(H)(ii) of such Act (8 U.S.C. 
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1 1227(a)(1)(H)(ii)) is amended by striking the period at 

2 the end and inserting ‘‘; or’’. 

3 (d) CORRECTION OF DESIGNATION AND INDENTA4 TION.—The last sentence of section 212(a)(9)(C)(ii) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1182(a)(9)(C)(ii)), as added by section 1505(a) of 

7 VAWA–2000, is amended— 

8 (1) by striking ‘‘section 212(a)(9)(C)(i)’’ and 

9 inserting ‘‘clause (i)’’; 

10 (2) by redesignating paragraphs (1) and (2), 

11 and subparagraphs (A) through (D) of paragraph 

12 (2), as subclauses (I) and (II), and items (aa) 

13 through (dd) of subclause (II), respectively; and 

14 (3) by moving the margins of each of such 

15 paragraphs and subparagraphs 6 ems to the right. 

16 (e) ADDITIONAL TECHNICAL CORRECTION.—Section 

17 245(l)(2)(B) of such Act (8 U.S.C. 1255(l)(2)(B)) is 

18 amended by striking ‘‘(10(E))’’ and inserting ‘‘(10)(E))’’. 

19 Subtitle B—Additional Protections 

20 PART 1—ENSURING CRIME VICTIM ACCESS TO 

21 LEGAL SERVICES 

22 SEC. 861. ENSURING CRIME VICTIM ACCESS TO LEGAL 

23 SERVICES. 

24 (a) IN GENERAL.—Section 502 of the Departments 

25 of Commerce, Justice, and State, the Judiciary, and Re-
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1 lated Agencies Appropriations Act, 1998 (Public Law 

2 105–119; 111 Stat. 2510) is amended— 

3 (1) by amending subparagraph (C) of sub4 section (a) to read as follows: 

5 ‘‘(C) subsection (a)(11) of such section 

6 504 shall not be construed to prohibit a recipi7 ent from using Corporation funds and funds de8 rived from a source other than the Corporation 

9 to provide legal assistance to— 

10 ‘‘(i) an alien who has been battered or 

11 subjected to extreme cruelty or who has 

12 been a victim of sexual assault or a victim 

13 of trafficking in the United States; 

14 ‘‘(ii) an alien whose child has been 

15 battered or subjected to extreme cruelty or 

16 has been a victim of sexual assault or a 

17 victim of trafficking in the United States, 

18 if the alien has not actively participated in 

19 the battery, extreme cruelty, sexual as20 sault, or trafficking; or 

21 ‘‘(iii) an alien who qualifies (or whose 

22 child qualifies) for status under section 

23 101(a)(15)(U) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(15)(U)) .’’; 

25 and 
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1 (2) by striking paragraph (2) of subsection (b) 

2 and inserting the following: 

3 ‘‘(2) The term ‘victim of trafficking’ has the 

4 meaning given such term in section 103(14) of the 

5 Trafficking Victims Protection Act of 2000 (Public 

6 Law 106–286; 22 U.S.C. 7102(14)). ’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall apply to expenditures made on or after 

9 the date of the enactment of this Act with respect to ap10 propriations made for fiscal years beginning before, on, 

11 or after such date. 

12 (c) CONSTRUCTION.—Nothing in the amendments 

13 made by subsection (a) shall be construed to restrict the 

14 legal assistance provided to victims of severe forms of traf15 ficking and certain family members allowed under section 

16 107(b)(1) of the Trafficking Victims Protection Act of 

17 2000 (Public Law 106–286; 22 U.S.C. 7105(b)(1)). 

18 PART 2—ELIGIBILITY FOR CERTAIN PUBLIC BEN19 EFITS OF ALIENS SUFFERING FROM DOMES20 TIC ABUSE 

21 SEC. 871. ELIGIBILITY FOR CERTAIN PUBLIC BENEFITS OF 

22 ALIENS SUFFERING FROM DOMESTIC ABUSE. 

23 (a) EXEMPTION FROM SSI AND FOOD STAMPS

24 BAN.—Section 402(a)(2) of the Personal Responsibility 

25 and Work Opportunity Reconciliation Act of 1996 (8 
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1 U.S.C. 1612(a)(2)) is amended by adding at the end the 

2 following new subparagraph: 

3 ‘‘(M) BATTERED AND CRIME VICTIM

4 ALIENS.—With respect to eligibility for benefits 

5 for a specified Federal program (as defined in 

6 paragraph (3)), paragraph (1) shall not apply 

7 to an alien who— 

8 ‘‘(i) is described in section 431(c); 

9 ‘‘(ii) is described in section 431(b) 

10 and also is described in section 431(c), 

11 other than paragraphs (1)(B), (2)(B), and 

12 (3)(B) of such section; or 

13 ‘‘(iii) is described in a clause (i) or (ii) 

14 and was lawfully admitted as a permanent 

15 resident.’’. 

16 (b) EXEMPTION FROM TANF, SOCIAL SERVICES

17 BLOCK GRANT, AND MEDICAID BAN.—Section 402(b)(2) 

18 of such Act (8 U.S.C. 1612(b)(2)) is amended by inserting 

19 after subparagraph (F) the following new subparagraph: 

20 ‘‘(G) BATTERED AND CRIME VICTIM

21 ALIENS.—An alien who— 

22 ‘‘(i) is described in section 431(c); 

23 ‘‘(ii) is described in section 431(b) 

24 and also is described in section 431(c), 
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1 other than paragraphs (1)(B), (2)(B), and 

2 (3)(B) of such section; or 

3 ‘‘(iii) is described in clause (i) or (ii) 

4 and was lawfully admitted as a permanent 

5 resident.’’. 

6 (c) EXEMPTION FROM 5-YEAR BAN FOR FEDERAL

7 MEANS-TESTED PUBLIC BENEFITS.—Section 403(b) of 

8 such Act (8 U.S.C. 1613(b)) is amended by adding at the 

9 end the following new paragraph: 

10 ‘‘(3) BATTERED AND CRIME VICTIM ALIENS.— 

11 An alien who— 

12 ‘‘(A) is described in section 431(c); 

13 ‘‘(B) is described in section 431(b) and 

14 also is described in section 431(c), other than 

15 paragraphs (1)(B), (2)(B), and (3)(B) of such 

16 section; or 

17 ‘‘(C) is described in subparagraph (A) or 

18 (B) and was lawfully admitted as a permanent 

19 resident.’’. 

20 (d) STATUS AS QUALIFIED ALIEN FOR VAWA PETI21 TIONERS AND NONIMMIGRANT ‘‘U’’ AND ‘‘T’’ VISA APPLI22 CANTS AND VISA HOLDERS.—Section 431(c) of such Act 

23 (8 U.S.C. 1641(b)) is amended— 

24 (1) in paragraph (1)(B)— 
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1 (A) in clause (i), by striking ‘‘or a child’’ 

2 and inserting ‘‘, child, or parent’’ and by strik3 ing ‘‘or (iv)’’ and inserting ‘‘(iv), or (vii)’’; 

4 (B) in clause (ii), by striking ‘‘(as in effect 

5 prior to April 1, 1997)’’; 

6 (C) in clause (iii), by striking the period at 

7 the end and inserting a comma; 

8 (D) in clause (iv), by striking the semi9 colon at the end and inserting a comma; 

10 (E) in clause (v), by striking the semicolon 

11 at the end and inserting ‘‘, or’’; and 

12 (F) by adding at the end the following new 

13 clause: 

14 ‘‘(vi) status as a VAWA petitioner (as 

15 defined in section 101(a)(51) of such Act), 

16 other than such a petitioner described in 

17 clause (i) or (ii);’’; 

18 (2) by striking ‘‘or’’ at the end of paragraph 

19 (2)(B); 

20 (3) by striking the period at the end of para21 graph (3)(B) and inserting ‘‘; or’’; and 

22 (4) by inserting after paragraph (3)(B) the fol23 lowing new paragraph: 

24 ‘‘(4) an alien who has applied for and not been 

25 denied status as a nonimmigrant under clause (i) or 
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1 (ii) of subparagraph (T), or clause (i) or (ii) of sub2 paragraph (U), of section 101(a)(15) of the Immi3 gration and Nationality Act’’. 

4 (e) CONFORMING DEFINITION OF ‘‘FAMILY’’ USED

5 IN LAWS GRANTING FEDERAL PUBLIC BENEFIT ACCESS

6 FOR BATTERED ALIENS TO STATE FAMILY LAW.— 

7 (1) IN GENERAL.—Section 431(c) of such Act 

8 (8 U.S.C. 1641(c)) is amended— 

9 (A) in paragraph (1)(A), by striking ‘‘by a 

10 spouse or a parent, or by a member of the 

11 spouse or parent’s family residing in the same 

12 household as the alien and the spouse or parent 

13 consented to, or acquiesced in, such battery or 

14 cruelty’’ and inserting ‘‘by a spouse, parent, 

15 son, or daughter, or by any individual having a 

16 relationship with the alien covered by the civil 

17 or criminal domestic violence statutes of the 

18 State or Indian country where the alien resides, 

19 or the State or Indian country in which the 

20 alien, the alien’s child, or the alien child’s par21 ents received a protection order, or by any indi22 vidual against whom the alien could obtain a 

23 protection order,’’; 

24 (B) in paragraph (2)(A), by striking ‘‘by a 

25 spouse or parent of the alien (without the active 
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1 participation of the alien in the battery or cru2 elty), by a member of the spouse or parent’s 

3 family residing in the same household as the 

4 alien and the spouse or parent consented or ac5 quiesced to such battery or cruelty,’’ and insert6 ing ‘‘by a spouse, parent, son, or daughter of 

7 the alien (without the active participation of the 

8 alien in such battery) or by any individual hav9 ing a relationship with the alien covered by the 

10 civil or criminal domestic violence statutes of 

11 the State or Indian country where the alien re12 sides, or the State or Indian country in which 

13 the alien, the alien’s child, or the alien child’s 

14 parents received a protection order, or by any 

15 individual against whom the alien could obtain 

16 a protection order,’’; and 

17 (C) in paragraph (3)(A), by striking ‘‘by a 

18 spouse or parent, or by a member of the spouse 

19 or parent’s family residing in the same house20 hold as the alien and the spouse or parent con21 sented or acquiesced to such battery or cru22 elty,’’ and inserting ‘‘by a spouse, parent, son, 

23 or daughter, or by any individual having a rela24 tionship with the alien covered by the civil or 

25 criminal domestic violence statutes of the State 
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1 or Indian country where the alien resides, or 

2 the State or Indian country in which the alien, 

3 the alien’s child, or the alien child’s parents re4 ceived a protection order, or by any individual 

5 against whom the alien could obtain a protec6 tion order,’’. 

7 (2) FEDERAL ATTRIBUTION OF SPONSOR’S IN8 COME AND RESOURCES.—Section 421(f)(1)(A) of 

9 such Act (8 U.S.C. 1631(f)(1)(A)) is amended— 

10 (A) in clause (i), by striking ‘‘by a spouse 

11 or parent, or by a member of the spouse or par12 ent’s family residing in the same household as 

13 the alien and the spouse or parent consented or 

14 acquiesced to such battery or cruelty,’’ and in15 serting ‘‘by a spouse, parent, son, or daughter, 

16 or by any individual having a relationship with 

17 the alien covered by the civil or criminal domes18 tic violence statutes of the State or Indian 

19 country where the alien resides, or the State or 

20 Indian country in which the alien, the alien’s 

21 child, or the alien child’s parents received a pro22 tection order, or by any individual against 

23 whom the alien could obtain a protection 

24 order,’’; 
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1 (B) in clause (ii), by striking ‘‘by a spouse 

2 or parent of the alien (without the active par3 ticipation of the alien in the battery or cruelty), 

4 or by a member of the spouse or parent’s family 

5 residing in the same household as the alien and 

6 the spouse or parent consented or acquiesced to 

7 such battery or cruelty,’’ and inserting ‘‘by a 

8 spouse, parent, son, or daughter of the alien 

9 (without the active participation of the alien in 

10 the battery or cruelty) or by any individual hav11 ing a relationship with the alien covered by the 

12 civil or criminal domestic violence statutes of 

13 the State or Indian country where the alien re14 sides, or the State or Indian country in which 

15 the alien, the alien’s child, or the alien child’s 

16 parents received a protection order, or by any 

17 individual against whom the alien could obtain 

18 a protection order,’’; 

19 (C) by striking ‘‘or’’ before ‘‘(iii) the 

20 alien’’; and 

21 (D) by inserting ‘‘, or (iv) the alien is de22 scribed in section 431(c)(4)’’ before ‘‘and the 

23 battery or cruelty’’. 

24 (f) ELIMINATION OF SPONSOR LIABILITY AND RE25 SPONSIBILITY OR REIMBURSEMENT WITH RESPECT TO
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1 BENEFITS PROVIDED TO BATTERED ALIENS.—Section 

2 423(d) of the Personal Responsibility and Work Oppor3 tunity Reconciliation Act of 1996 is amended by adding 

4 after paragraph (11) the following new paragraph: 

5 ‘‘(12) Benefits provided to an alien who— 

6 ‘‘(A) is described in section 431(c); or 

7 ‘‘(B) is described in section 431(b) and 

8 also is described in section 431(c), other than 

9 paragraphs (1)(B), (2)(B), and (3)(B) of such 

10 section.’’. 

11 (g) CONFORMING AMENDMENT CONFIRMING

12 IIRAIRA’S GRANT OF PUBLIC AND ASSISTED HOUSING

13 TO ALL QUALIFIED ALIENS, INCLUDING BATTERED IM14 MIGRANTS.—Section 214 of the Housing and Community 

15 Development Act of 1980 (42 U.S.C. 1436a) is amend16 ed— 

17 (1) in subsection (a)— 

18 (A) in paragraph (6), by striking ‘‘or’’ at 

19 the end; 

20 (B) by redesignating paragraph (7) as 

21 paragraph (8); and 

22 (C) by inserting after paragraph (6) the 

23 following: 

24 ‘‘(7) a qualified alien described in section 431 

25 of the Personal Responsibility and Work Oppor-
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1 tunity Reconciliation Act of 1996 (8 U.S.C. 1641), 

2 or’’; and 

3 (2) in subsection (c)— 

4 (A) in paragraph (1)(A), by striking ‘‘(6)’’ 

5 and inserting ‘‘(7)’’; and 

6 (B) in paragraph (2)(A), in the matter 

7 preceding clause (i), by inserting ‘‘(other than 

8 a qualified alien described in 431 of the Per9 sonal Responsibility and Work Opportunity 

10 Reconciliation Act of 1996 (8 U.S.C. 1641)’’ 

11 after ‘‘any alien’’. 

12 (h) IMPLEMENTATION.—Not later than 180 days 

13 after the date of the enactment of this Act, the Secretary 

14 of Homeland Security, Secretary of Agriculture, the Sec15 retary of Health and Human Services, and the Secretary 

16 of Housing and Urban Development shall promulgate reg17 ulations for its officials to implement this section. 

18 (i) EFFECTIVE DATE.—The amendments made by 

19 this section apply to applications for public benefits and 

20 public benefits provided on or after the date of the enact21 ment of this Act. 
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1 PART 3—LAW ENFORCEMENT TRAINING GRANTS 

2 SEC. 881. GRANTS FOR LAW ENFORCEMENT TRAINING PRO3 GRAMS TO IDENTIFY AND PROTECT VICTIMS 

4 OF TRAFFICKING. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ACT OF TRAFFICKING.—The term ‘‘act of 

7 trafficking’’ means an act or practice described in 

8 paragraph (8) or (9) of section 103 of the Traf9 ficking Victims Protection Act of 2000 (22 U.S.C. 

10 7102). 

11 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti12 ty’’ means a State or a local government. 

13 (3) STATE.—The term ‘‘State’’ means any 

14 State of the United States, the District of Columbia, 

15 the Commonwealth of Puerto Rico, Guam, the 

16 United States Virgin Islands, the Commonwealth of 

17 the Northern Mariana Islands, American Samoa, 

18 and any other territory or possession of the United 

19 States. 

20 (4) VICTIM OF TRAFFICKING.—The term ‘‘vic21 tim of trafficking’’ means an individual subjected to 

22 an act of trafficking. 

23 (b) GRANTS AUTHORIZED.—The Attorney General 

24 may award grants to eligible entities to provide training 

25 to State and local law enforcement personnel to identify 

26 and protect victims of trafficking. 
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1 (c) USE OF FUNDS.—A grant awarded under this 

2 section shall be used for any one or more of the following: 

3 (1) To train law enforcement personnel to iden4 tify and protect victims of trafficking, including 

5 training such personnel to utilize Federal, State, or 

6 local resources to assist victims of trafficking. 

7 (2) To train law enforcement or State or local 

8 prosecutors to identify, investigate, or prosecute acts 

9 of trafficking. 

10 (3) To train law enforcement or State or local 

11 prosecutors to utilize laws that prohibit acts of traf12 ficking. 

13 (4) To assist in the development of State and 

14 local laws to prohibit acts of trafficking. 

15 (d) RESTRICTIONS.— 

16 (1) SUPPLEMENT NOT SUPPLANT.—A grant 

17 awarded under this section shall be used to supple18 ment and not supplant other Federal, State, and 

19 local public funds available to carry out the training 

20 described in subsection (c). 

21 (2) ADMINISTRATIVE EXPENSES.—An eligible 

22 entity that receives a grant under this section may 

23 use not more than 5 percent of the total amount of 

24 such grant for administrative expenses. 
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1 (3) NONEXCLUSIVITY.—Nothing in this section 

2 may be construed to restrict the ability of an eligible 

3 entity to apply for or obtain funding from any other 

4 source to carry out the training described in sub5 section (c). 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated $10,000,000 for each 

8 of fiscal years 2006 through 2010 to carry out this sec9 tion. 

10 TITLE IX—SAFETY FOR INDIAN 

11 WOMEN 

12 SEC. 901. PURPOSES. 

13 The purposes of this title are— 

14 (1) to decrease the incidence of violent crimes 

15 against Indian women; 

16 (2) to strengthen the capacity of Indian tribes 

17 to exercise their sovereign authority to respond to 

18 violent crimes committed against Indian women 

19 under their jurisdiction; and 

20 (3) to ensure that perpetrators of violent crimes 

21 committed against Indian women are held account22 able for their criminal behavior. 

23 SEC. 902. CONSULTATION. 

24 (a) IN GENERAL.—The Secretary of the Interior and 

25 the Attorney General shall each conduct annual consulta-
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1 tions with Indian tribal governments concerning the Fed2 eral administration of tribal funds and programs estab3 lished under the Violence Against Women Act of 1994 

4 (title IV of Public Law 103–322; 108 Stat. 1902) and the 

5 Violence Against Women Act of 2000 (division B of Public 

6 Law 106–386; 114 Stat. 1491), including consultation 

7 concerning— 

8 (1) the timeliness of the Federal grant applica9 tion and award processes; 

10 (2) the amounts awarded under each program 

11 directly to tribal governments, tribal organizations, 

12 and tribal nonprofit organizations; 

13 (3) determinations not to award grant funds; 

14 (4) grant awards made in violation of the eligi15 bility guidelines to a nontribal entity; and 

16 (5) technical assistance grants for tribal grant 

17 programs or programs addressing the safety of In18 dian women. 

19 (b) RECOMMENDATIONS.—During consultations 

20 under subsection (a), the Secretary and the Attorney Gen21 eral shall solicit recommendations from Indian tribes con22 cerning— 

23 (1) administering tribal funds and programs; 
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1 (2) enhancing the safety of Indian women from 

2 domestic violence, dating violence, sexual assault, 

3 and stalking; and 

4 (3) strengthening the Federal response to such 

5 violent crimes. 

6 SEC. 903. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

7 INDIAN WOMEN. 

8 (a) NATIONAL BASELINE STUDY.— 

9 (1) IN GENERAL.—The Attorney General, act10 ing through the Director of the Office on Violence 

11 Against Women, shall conduct a national baseline 

12 study to examine violence against Indian women. 

13 (2) SCOPE.— 

14 (A) IN GENERAL.—The study shall exam15 ine violence committed against Indian women, 

16 including— 

17 (i) domestic violence; 

18 (ii) dating violence; 

19 (iii) sexual assault; 

20 (iv) stalking; and 

21 (v) murder. 

22 (B) EVALUATION.—The study shall evalu23 ate the effectiveness of Federal, State, tribal, 

24 and local responses to the violations described 
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1 in subparagraph (A) committed against Indian 

2 women. 

3 (3) TASK FORCE.— 

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

5 acting through the Director of the Office on Vi6 olence Against Women, shall establish a task 

7 force to assist in the development and imple8 mentation of the study under paragraph (1). 

9 (B) MEMBERS.—The Director shall ap10 point to the task force representatives from— 

11 (i) national tribal domestic violence 

12 and sexual assault nonprofit organizations; 

13 (ii) tribal governments; and 

14 (iii) the National Congress of Amer15 ican Indians. 

16 (4) REPORT.—Not later than 2 years after the 

17 date of enactment of this Act, the Attorney General 

18 shall submit to the Committee on Indian Affairs of 

19 the Senate, the Committee on the Judiciary of the 

20 Senate, and the Committee on the Judiciary of the 

21 House of Representatives a report that describes the 

22 findings made in the study. 

23 (5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 
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1 this section $1,000,000 for each of fiscal years 2006 

2 and 2007, to remain available until expended. 

3 (b) INJURY STUDY.— 

4 (1) IN GENERAL.—The Secretary of Health and 

5 Human Services, acting through the Indian Health 

6 Service and the Injury Control Division of the Cen7 ters for Disease Control and Prevention, shall con8 duct a study to obtain a national projection of— 

9 (A) the incidence of injuries and homicides 

10 resulting from domestic violence, dating vio11 lence, sexual assault, or stalking committed 

12 against American Indian and Alaska Native 

13 women; and 

14 (B) the cost of providing health care for 

15 the injuries described in subparagraph (A). 

16 (2) REPORT.—Not later than 2 years after the 

17 date of enactment of this Act, the Secretary of 

18 Health and Human Services shall submit to the 

19 Committee on Indian Affairs of the Senate, the 

20 Committee on the Judiciary of the Senate, and the 

21 Committee on the Judiciary of the House of Rep22 resentatives a report that describes the findings 

23 made in the study and recommends health care 

24 strategies for reducing the incidence and cost of the 

25 injuries described in paragraph (1). 
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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this section $500,000 for each of fiscal years 2006 

4 and 2007, to remain available until expended. 

5 SEC. 904. TRACKING OF VIOLENCE AGAINST INDIAN 

6 WOMEN. 

7 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

8 DATABASES.—Section 534 of title 28, United States Code, 

9 is amended— 

10 (1) by redesignating subsection (d) as sub11 section (e); and 

12 (2) by inserting after subsection (c) the fol13 lowing: 

14 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

15 Attorney General shall permit Indian law enforcement 

16 agencies, in cases of domestic violence, dating violence, 

17 sexual assault, and stalking, to enter information into 

18 Federal criminal information databases and to obtain in19 formation from the databases, including information relat20 ing to— 

21 ‘‘(1) identification records; 

22 ‘‘(2) criminal history records; 

23 ‘‘(3) protection orders; and 

24 ‘‘(4) wanted person records.’’. 

25 (b) TRIBAL REGISTRY.— 
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1 (1) ESTABLISHMENT.—The Attorney General 

2 shall contract with any interested Indian tribe, tribal 

3 organization, or tribal nonprofit organization to de4 velop and maintain— 

5 (A) a national tribal sex offender registry; 

6 and 

7 (B) a tribal protection order registry con8 taining civil and criminal orders of protection 

9 issued by Indian tribes and participating juris10 dictions. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this section $1,000,000 for each of fiscal years 2006 

14 through 2010, to remain available until expended. 

15 SEC. 905. TRIBAL DIVISION OF THE OFFICE ON VIOLENCE 

16 AGAINST WOMEN. 

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

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

19 amended by adding at the end the following: 

20 ‘‘SEC. 2007. TRIBAL DIVISION. 

21 ‘‘(a) IN GENERAL.—The Director of the Office on Vi22 olence Against Women shall designate one or more em23 ployees to be responsible for— 

24 ‘‘(1) overseeing and managing the administra25 tion of grants to and contracts with Indian tribes, 
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1 tribal courts, tribal organizations, tribal nonprofit 

2 organizations and the territories; 

3 ‘‘(2) ensuring that, if a grant under the Act or 

4 a contract pursuant to such a grant is made to an 

5 organization to perform services that benefit more 

6 than one Indian tribe, the approval of each Indian 

7 tribe to be benefited shall be a prerequisite to the 

8 making of the grant or letting of the contract; 

9 ‘‘(3) assisting in the development of Federal 

10 policy, protocols, and guidelines on matters relating 

11 to violence against Indian women; 

12 ‘‘(4) advising the Director of the Office on Vio13 lence Against Women concerning policies, legislation, 

14 implementation of laws, and other issues relating to 

15 violence against Indian women; 

16 ‘‘(5) representing the Office on Violence 

17 Against Women in the annual consultations under 

18 section 905; 

19 ‘‘(6) providing assistance to the Department of 

20 Justice to develop policy and to enforce Federal law 

21 relating to violence against Indian women; 

22 ‘‘(7) maintaining a liaison with the judicial 

23 branches of Federal, State and tribal governments 

24 on matters relating to violence against Indian 

25 women; and 
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1 ‘‘(8) ensuring that adequate tribal technical as2 sistance is made available to Indian tribes, tribal 

3 courts, tribal organizations, and tribal nonprofit or4 ganizations for all programs relating to violence 

5 against Indian women. 

6 ‘‘(b) AUTHORITY.— 

7 ‘‘(1) IN GENERAL.—The Director shall ensure 

8 that a portion of the tribal set-aside funds from any 

9 grant awarded under the Violence Against Women 

10 Act of 1994 (title IV of Public Law 103–322; 108 

11 Stat. 1902) or the Violence Against Women Act of 

12 2000 (division B of Public Law 106–386; 114 Stat. 

13 1491) is used to enhance the capacity of Indian 

14 tribes to address the safety of Indian women. 

15 ‘‘(2) ACCOUNTABILITY.—The Director shall en16 sure that some portion of the tribal set-aside funds 

17 from any grant made under this part is used to hold 

18 offenders accountable through— 

19 ‘‘(A) enhancement to the response of In20 dian tribes to crimes of domestic violence, dat21 ing violence, sexual assault, and stalking 

22 against Indian women, including legal services 

23 for victims and Indian-specific offender pro24 grams; 
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1 ‘‘(B) development and maintenance of trib2 al domestic violence shelters or programs for 

3 battered Indian women, including sexual assault 

4 services, that are based upon the unique cir5 cumstances of the Indian women to be served; 

6 ‘‘(C) development of tribal educational 

7 awareness programs and materials; 

8 ‘‘(D) support for customary tribal activities 

9 to strengthen the intolerance of an Indian tribe 

10 to violence against Indian women; and 

11 ‘‘(E) development, implementation, and 

12 maintenance of tribal electronic databases for 

13 tribal protection order registries.’’. 

14 TITLE X—BEST HELP FOR RAPE 

15 VICTIMS 

16 SEC. 1001. SHORT TITLE. 

17 This title may be cited as the ‘‘Best Help for Rape 

18 Victims Act’’. 

19 SEC. 1002. REQUIRED ELEMENT OF NATIONAL PROTOCOL 

20 FOR SEXUAL ASSAULT MEDICAL FORENSIC 

21 EXAMINATIONS. 

22 (a) IN GENERAL.—Section 1405 of the Violence 

23 Against Women Act of 2000 (42 U.S.C. 3796gg note) is 

24 amended— 
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1 (1) by redesignating subsection (d) as sub2 section (e); and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsection: 

5 ‘‘(d) REQUIRED ELEMENT OF PROTOCOL.—The na6 tional protocol required by subsection (a)(3) shall include 

7 a recommendation to the effect that a victim of sexual as8 sault who is at risk of pregnancy from rape— 

9 ‘‘(1) should be offered information about emer10 gency contraception; and 

11 ‘‘(2) should, if the victim so requests, be pro12 vided with emergency contraception on site.’’. 

13 (b) IMPLEMENTATION TO PROTOCOL ALREADY

14 ISSUED.—The Attorney General shall ensure that any 

15 protocol already issued under section 1405(a)(3) of the Vi16 olence Against Women Act of 2000 is, not later than 30 

17 days after the date of the enactment of this Act, revised 

18 and reissued in a form that complies with section 1405(d) 

19 of that Act (as added by subsection (a)(2) of this section). 
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1 TITLE XI—INCREASED PROTEC2 TION FOR VICTIMS OF TRAF3 FICKING 

4 SEC. 1101. PROTECTION OF CHILDREN FROM TRAFFICKING 

5 IN PERSONS. 

6 (a) DEFINITION OF SEVERE FORMS OF TRAF7 FICKING IN PERSONS.—Section 103(8)(B) of the Traf8 ficking Victims Protection Act of 2000 (22 U.S.C. 

9 7102(8)(B)) is amended to read as follows: 

10 ‘‘(B) the recruitment, harboring, transpor11 tation, provision, or obtaining of a person for 

12 labor or services— 

13 ‘‘(i) through the use of force, fraud, 

14 or coercion for the purpose of subjection to 

15 involuntary servitude, peonage, debt bond16 age, or slavery; or 

17 ‘‘(ii) in which the person induced to 

18 perform such labor has not attained 18 

19 years of age and the labor is economically 

20 exploitative and likely to be hazardous, to 

21 interfere with the child’s education, or to 

22 be harmful to the child’s health or phys23 ical, mental, spiritual, moral, or social de24 velopment.’’. 
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1 (b) TRAFFICKING VICTIM REGULATIONS.—Section 

2 107(c)(1)(B) of the Trafficking Victims Protection Act of 

3 2000 (22 U.S.C. 7105(c)(1)(B)) is amended to read as 

4 follows: 

5 ‘‘(B) receive necessary medical care, refer6 ral of appropriate counsel, appointment by the 

7 Director of the Office of Refugee Resettlement 

8 of a guardian ad litem who has training in traf9 ficking victims issues or who is working with a 

10 nonprofit, nongovernmental trafficking victims 

11 services program if the individual has not at12 tained 18 years of age, and other assistance; 

13 and’’. 

14 (c) EXEMPTING CHILDREN FROM EXTREME HARD15 SHIP REQUIREMENT FOR T NONIMMIGRANTS.—Section 

16 101(a)(15)(T)(i)(IV) of the Immigration and Nationality 

17 Act (8 U.S.C. 1101(a)(15)(T)(i)(IV)) is amended by in18 serting after ‘‘severe harm upon removal’’ the following: 

19 ‘‘or the alien has not attained 18 years of age’’. 

20 SEC. 1102. CREATION OF NONIMMIGRANT VISA TO PRO21 TECT ALIENS WHO FILE COMPLAINTS OF 

22 ABUSE AGAINST THEIR FORMER EMPLOYERS. 

23 Section 101(a)(15) of the Immigration and Nation24 ality Act (8 U.S.C. 1101(a)(15)) is amended— 
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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (U); 

3 (2) by striking the period at the end of sub4 paragraph (V) and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(W) an alien who files a petition for status 

8 under this subparagraph who the Secretary of 

9 Homeland Security determines should be permitted 

10 to remain in the United States for a period of time 

11 sufficient to allow the alien to participate fully and 

12 effectively in all Federal, State, or local legal pro13 ceedings and nonfrivolous Federal, State, or local 

14 administrative proceedings relevant to a legal com15 plaint regarding a violation of the Fair Labor Stand16 ards Act or any other Federal, State, or local law or 

17 regulation governing the alien’s terms and conditions 

18 of employment.’’. 

19 SEC. 1103. PROTECTION FOR VICTIMS WHO ARE TRAF20 FICKED BY PERSONS WITH DIPLOMATIC IM21 MUNITY. 

22 Section 111 of the Trafficking Victims Protection Act 

23 of 2000 (22 U.S.C. 7108) is amended by adding at the 

24 end the following new subsection: 
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1 ‘‘(h) ACTIONS AGAINST TRAFFICKERS WITH DIPLO2 MATIC IMMUNITY.—If the Secretary of State has reason 

3 to believe that an individual assigned by a foreign govern4 ment to the United States with immunity from criminal 

5 jurisdiction as a result of international obligations of the 

6 United States arising from multilateral agreements, bilat7 eral agreements, or otherwise under international law has 

8 been involved in an act of trafficking in persons, the Sec9 retary shall— 

10 ‘‘(1) request from the foreign government a 

11 waiver of immunity with respect to the individual; or 

12 ‘‘(2) declare the individual to be a persona non 

13 grata.’’. 

14 SEC. 1104. LOWERING THE BAR FOR ADJUSTMENT OF STA15 TUS. 

16 Section 245(l)(1)(C)(ii) of the Immigration and Na17 tionality Act (8 U.S.C. 1255(l)(1)(C)(ii)) is amended by 

18 striking ‘‘extreme hardship involving unusual and severe 

19 harm’’ and inserting ‘‘hardship’’. 

20 SEC. 1105. ALLOWING FOR RENEWAL OF T VISAS. 

21 Section 214(o) of the Immigration and Nationality 

22 Act (8 U.S.C. 1184(o)) is amended by adding at the end 

23 the following: 

24 ‘‘(7)(A) Except as provided in subparagraph (B), an 

25 alien who is issued a visa or otherwise provided non-
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1 immigrant status under section 101(a)(15)(T) may be 

2 granted such status for a period of not more than 4 years. 

3 ‘‘(B) An alien who is issued a visa or otherwise pro4 vided nonimmigrant status under section 101(a)(15)(T) 

5 may extend the period of such status beyond the period 

6 described in subparagraph (A) if a Federal, State, or local 

7 law enforcement official, prosecutor, judge, or other au8 thority investigating or prosecuting activity relating to 

9 human trafficking or criminal activity certifies that the 

10 presence of the alien in the United States is necessary to 

11 assist in the investigation or prosecution of such activity.’’. 

12 SEC. 1106. ALLOWING FOR RESETTLEMENT TO THE UNITED 

13 STATES OF TRAFFICKED PERSONS WHO ARE 

14 IDENTIFIED IN COUNTRIES THAT ARE UN15 ABLE OR UNWILLING TO OFFER ADEQUATE 

16 PROTECTION TO THE VICTIM. 

17 (a) AS REFUGEES.—Section 207 of the Immigration 

18 and Nationality Act (8 U.S.C. 1157) is amended— 

19 (1) in subsection (a)(3), by adding at the end 

20 the following: ‘‘Victims of severe forms of trafficking 

21 who are unable to avail themselves of protection in 

22 another country may also be eligible for admission in 

23 accordance with procedures designated for the ad24 mission of refugees under this section.’’; and 
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1 (2) in subsection (d)(1), by adding at the end 

2 the following: ‘‘The President shall also designate 

3 additional admissions numbers for victims of severe 

4 forms of trafficking, as provided under section 

5 (a)(3).’’. 

6 (b) PAROLE.—Section 212(d)(5) of such Act (8 

7 U.S.C. 1182(d)(5)) is amended by adding at the end the 

8 following new subparagraph: 

9 ‘‘(C) In applying subparagraph (A) in the case of a 

10 trafficking victim identified by a United States Embassy 

11 or Consulate or an office of the United Nations High Com12 missioner on Refugees or a family member of a victim of 

13 trafficking described in section 101(a)(15)(T)(i), urgent 

14 humanitarian reasons are deemed to exist if the traf15 ficking victim or the family member’s life or safety is in 

16 danger in connection with trafficking as described in sec17 tion 101(a)(15)(i)(I).’’. 

18 SEC. 1107. ACCESS TO COUNSEL. 

19 Section 107(c)(2) of the Trafficking Victims Protec20 tion Act of 2000 (22 U.S.C. 7105(c)(2)) is amended— 

21 (1) by adding at the end before the period the 

22 following: ‘‘, receive notification of the right to be 

23 represented by counsel, and be provided with a list 

24 of persons, updated not less often than quarterly, 

25 who have indicated their availability to represent vic-
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1 tims of trafficking and who are trained to handle 

2 cases involving victims of trafficking’’; and 

3 (2) by further adding at the end the following 

4 new sentence: ‘‘While in the custody of the Federal 

5 Government, victims of severe forms of trafficking 

6 shall be afforded access to counsel at all proceedings 

7 relating to the investigation or prosecution of the act 

8 of trafficking involved.’’. 

9 SEC. 1108. REQUIREMENT TO PERMIT CONTINUED PRES10 ENCE IN THE UNITED STATES. 

11 Section 107(c)(3) of the Trafficking Victims Protec12 tion Act of 2000 (22 U.S.C. 7105(c)(3)) is amended— 

13 (1) by striking ‘‘may permit’’ and inserting 

14 ‘‘shall permit’’; 

15 (2) by inserting after ‘‘alien individual’s contin16 ued presence in the United States’’ the following: ‘‘, 

17 within 60 days after the individual, the individual’s 

18 representative, or a local or State law enforcement 

19 official has presented the alien individual to such 

20 Federal law enforcement officials’’; and 

21 (3) in the heading, by striking ‘‘AUTHORITY’’ 

22 and inserting ‘‘REQUIREMENT’’. 
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1 SEC. 1109. ADDITIONAL DUTIES OF THE SENIOR POLICY OP2 ERATING GROUP. 

3 Section 105(f) of the Trafficking Victims Protection 

4 Act of 2000 (22 U.S.C. 7103) is amended— 

5 (1) by striking ‘‘The Operating Group’’ and in6 serting the following: 

7 ‘‘(1) IN GENERAL.—The Operating Group’’; 

8 and 

9 (2) by adding at the end the following new sen10 tence: ‘‘The Operating Group shall maintain and 

11 preserve records of vital information regarding each 

12 such grant and grant policy.’’; and 

13 (3) by further adding at the end the following 

14 new paragraph: 

15 ‘‘(2) REPORT.—Not later than June 1 of each 

16 year, the Operating Group shall submit to Congress 

17 a report that contains a detailed description of the 

18 purpose of each grant awarded during the preceding 

19 12-month period, the number of applicants for each 

20 grant, the criteria applied to select the grantee, the 

21 amount of each grant, and an evaluation of the per22 formance of each grant, including any problems or 

23 investigations of the performance of any grant.’’. 

24 SEC. 1110. AUTHORIZATIONS OF APPROPRIATIONS. 

25 Section 113 of the Trafficking Victims Protection Act 

26 of 2000 (22 U.S.C. 7110) is amended— 
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1 (1) in subsection (a)— 

2 (A) by striking ‘‘and $5,000,000’’ and in3 serting ‘‘$5,000,000’’; 

4 (B) by adding at the end before the period 

5 the following: ‘‘, and $5,500,000 for each of the 

6 fiscal years 2006 and 2007’’; and 

7 (C) by further adding at the end the fol8 lowing new sentence: ‘‘In addition, there are au9 thorized to be appropriated to the Office to 

10 Monitor and Combat Trafficking for official re11 ception and representation expenses $3,000 for 

12 each of the fiscal years 2006 and 2007.’’; 

13 (2) in subsection (b), by striking ‘‘2004 and 

14 2005’’ and inserting ‘‘2004, 2005, 2006, and 2007’’; 

15 (3) in subsection (c)(1), by striking ‘‘2004 and 

16 2005’’ each place it appears and inserting ‘‘2004, 

17 2005, 2006, and 2007’’; 

18 (4) in subsection (d), by striking ‘‘2004 and 

19 2005’’ each place it appears and inserting ‘‘2004, 

20 2005, 2006, and 2007’’; 

21 (5) in subsection (e)— 

22 (A) in paragraphs (1) and (2), by striking 

23 ‘‘2003 through 2005’’ and inserting ‘‘2003 

24 through 2007’’; and 
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1 (B) in paragraph (3), by striking 

2 ‘‘$300,000 for fiscal year 2004 and $300,000 

3 for fiscal year 2005’’ and inserting ‘‘$300,000 

4 for each of the fiscal years 2004 through 

5 2007’’; and 

6 (6) in subsection (f), by striking ‘‘2004 and 

7 2005’’ and inserting ‘‘2004, 2005, 2006, and 2007’’. 

8 SEC. 1111. SPECIAL UNIT TO INVESTIGATE TRAFFICKING IN 

9 PERSONS WITHIN BUREAU OF IMMIGRATION 

10 AND CUSTOMS ENFORCEMENT OF THE DE11 PARTMENT OF HOMELAND SECURITY. 

12 (a) ESTABLISHMENT.—Not later than 180 days after 

13 the date of the enactment of this Act, the Secretary of 

14 Homeland Security shall establish a special unit to inves15 tigate trafficking in persons within the Bureau of Immi16 gration and Customs Enforcement of the Department of 

17 Homeland Security. 

18 (b) DUTIES.—The special unit established pursuant 

19 to subsection (a) shall— 

20 (1) investigate suspected cases of trafficking in 

21 persons; 

22 (2) in conjunction with appropriate nongovern23 mental organizations, conduct training programs on 

24 the prevention of trafficking in persons and provide 

25 other related services to appropriate personnel of the 
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1 Bureau of Immigration and Customs Enforcement; 

2 and 

3 (3) provide for the establishment of one or more 

4 professional victim witness coordinator positions 

5 within the special unit in order to assist victims of 

6 trafficking in legal proceedings relating to the act of 

7 trafficking involved. 

8 (c) DEFINITION.—In this section, the term ‘‘victim 

9 of trafficking’’ has the meaning given such term in section 

10 103(14) of the Trafficking Victims Protection Act of 2000 

11 (22 U.S.C. 7102(14)). 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary of 

14 Homeland Security to carry out this section $15,000,000 

15 for each of the fiscal years 2006 and 2007. 

16 SEC. 1112. ASSISTANCE FROM UNITED STATES DIPLOMATIC 

17 AND CONSULAR POSTS. 

18 (a) ASSISTANCE.—Section 107(a) of the Trafficking 

19 Victims Protection Act of 2000 (22 U.S.C. 7105(a) is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(3) ASSISTANCE FROM UNITED STATES DIPLO23 MATIC AND CONSULAR POSTS.—The Secretary of 

24 State shall instruct personnel at the appropriate 

25 United States Embassy or Consulate to assist in ef-
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1 forts to arrange for the transportation from a for2 eign country of the children, spouse, parents, or un3 married siblings of a victim of trafficking if such 

4 children, spouse, parents, or siblings have been 

5 threatened by the trafficker or the trafficker’s asso6 ciates, are seriously ill, or if other urgent humani7 tarian considerations warrant.’’. 

8 (b) CONFORMING AMENDMENT.—Section 

9 212(d)(5)(A) of the Immigration and Nationality Act (8 

10 U.S.C. 1182(d)(5)(A)) is amended by adding at the end 

11 the following: ‘‘For purposes of applying this paragraph, 

12 family members provided assistance under section 

13 107(a)(3) of the Trafficking Victims Protection Act of 

14 2000 and immediate family members of individuals quali15 fying as nonimmigrants under section 101(a)(15)(T) shall 

16 be considered as qualifying for parole under this para17 graph on the basis of urgent humanitarian reasons.’’. 

18 SEC. 1113. MECHANISMS TO PREVENT TRAFFICKING AND 

19 PROVIDE PROTECTION AND ASSISTANCE FOR 

20 VICTIMS OF TRAFFICKING. 

21 (a) ECONOMIC ALTERNATIVES TO PREVENT AND

22 DETER TRAFFICKING.—Section 106(a) of the Trafficking 

23 Victims Protection Act of 2000 (22 U.S.C. 7104(a)) is 

24 amended— 
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1 (1) in paragraph (4), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (5), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(6) programs to educate and protect internally 

8 displaced persons and refugees from trafficking in 

9 persons.’’. 

10 (b) COORDINATION BY FEDERAL GOVERNMENT OF11 FICIALS.—Section 107(c)(4) of the Trafficking Victims 

12 Protection Act of 2000 (22 U.S.C. 7105(c)(4)) is amend13 ed— 

14 (1) by striking ‘‘the Department of State and 

15 the Department of Justice’’ and inserting ‘‘the De16 partment of Homeland Security (particularly the 

17 Bureau of Customs and Border Protection, the Bu18 reau of Immigration and Customs Enforcement, and 

19 the Bureau of Citizenship and Immigration Serv20 ices), the Department of State, the Department of 

21 Labor, and the Department of Justice’’; and 

22 (2) by adding at the end the following new sen23 tence: ‘‘Such training shall ensure that officials who 

24 have contact with victims of trafficking properly con25 sult with each other in order to limit unnecessary 
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1 trauma resulting from multiple interviews and con2 current investigations.’’. 

3 (c) QUESTIONNAIRE ABOUT TRAFFICKING FOR USE

4 IN EXPEDITED REMOVAL.—Section 235(b)(1)(A) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1225(b)(1)(A)) is amended— 

7 (1) in clause (i), by striking ‘‘or a fear of perse8 cution’’ and inserting ‘‘, a fear of persecution, or evi9 dence of having been trafficked’’; and 

10 (2) in clause (ii), by adding at the end the fol11 lowing: ‘‘If the officer determines that the alien may 

12 be a victim of trafficking, the officer shall refer the 

13 alien to a law enforcement agency, a nonprofit, non14 governmental trafficking victims services program, 

15 or any other official designated as appropriate to re16 ceive such referrals.’’. 

17 (d) ANNUAL REPORT ON TRAINING OF LAW EN18 FORCEMENT.—Section 107(g) of the Victims of Traf19 ficking and Violence Protection Act of 2000 (8 U.S.C. 

20 1101 note) is amended by adding at the end the following: 

21 ‘‘Such report shall also include statistics regarding the 

22 number of law enforcement officials who have been trained 

23 in the identification and protection of trafficking victims 

24 and certification for assistance as nonimmigrants under 

25 section 101(a)(15)(U) of such Act.’’ 
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1 SEC. 1114. LONGER STATUTE OF LIMITATION FOR SLAV2 ERY-RELATED OFFENSES. 

3 (a) EXTENSION OF STATUTE OF LIMITATIONS.— 

4 Chapter 213 of title 18, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘§ 3297. Slavery-related offenses 

7 ‘‘No person shall be prosecuted, tried, or punished 

8 for any non-capital offense or conspiracy to commit a non9 capital offense under section 1581, 1583, 1584, 1589, 

10 1590, 1591 or 1592 of this title or under section 274 of 

11 the Immigration and Nationality Act unless the indict12 ment is found or the information is instituted not later 

13 than 10 years after the commission of the offense.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 213 of title 18, United States 

16 Code, is amended by adding at the end the following new 

17 item: 

‘‘3297. Slavery-related offenses.’’. 

Æ