49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–336 

SHIELD ACT 

DECEMBER 13, 2005.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OXLEY, from the Committee on Financial Services, 

submitted the following 

R E P O R T 

[To accompany H.R. 2695] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Financial Services, to whom was referred 

the bill (H.R. 2695) to amend the McKinney-Vento Homeless Assistance Act to protect the personally identifying information of victims of domestic violence, dating violence, sexual assault, and 

stalking, having considered the same, report favorably thereon 

without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for Legislation .................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 3 

Performance Goals and Objectives ......................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Committee Cost Estimate ....................................................................................... 3 

Congressional Budget Office Estimate ................................................................... 3 

Federal Mandates Statement ................................................................................. 4 

Advisory Committee Statement .............................................................................. 4 

Constitutional Authority Statement ...................................................................... 4 

Applicability to Legislative Branch ........................................................................ 4 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

PURPOSE AND SUMMARY

The purpose of H.R. 2695 is to enhance the safety of domestic violence victims staying in shelters by requiring the use of non-personally identifying information for data collection and statistical 

purposes. The Department of Housing and Urban Development curVerDate Aug 31 2005 06:22 Dec 19, 2005 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR336.XXX HR336
2 

purposes. The Department of Housing and Urban Development currently requires information such as the date of birth, location, ethnicity and race of women staying in domestic violence shelters. 

This data can be used to identify victims of domestic violence, placing them at even greater risk. H.R. 2695 recommends the use of 

other data collection methods to compile unduplicated counts without jeopardizing the lives of domestic violence victims. 

BACKGROUND AND NEED FOR LEGISLATION

The Safe Housing Identity Exception for the Lives of Domestic 

Violence Victims Act (SHIELD Act) prohibits disclosure of the personally identifying information of victims of domestic violence, dating violence, sexual assault, and stalking. 

In 2001, the Veteran’s Affairs, Housing and Urban Development 

Appropriations Conference Committee directed HUD to collect data 

on the extent of homelessness at a local level. HUD created a rule 

requiring entities receiving funds through the McKinney-Vento 

Homelessness Assistance Act to implement local Homeless Management Information Systems (HMIS). HMIS are complex databases 

that collect, track, and share comprehensive personally identifiable 

data about individuals who use services for the homeless, including 

victims of domestic violence. Under this rule, all HUD McKinneyVento Act programs, including domestic violence shelters, transitional housing programs, and homeless and emergency shelters are 

required to input residents’ personal data into the HMIS. 

In place of personally identifying information, the SHIELD Act 

recommends the use of non-personally identifying information for 

data collection and statistical purposes. As defined in H.R. 2695, 

prohibited, identifying information includes: (1) first and last name; 

(2) home or other physical address, including street name, name of 

city or town, and ZIP code; (3) email address or other online contact information, such as instant messaging user identifier or a 

screen name that reveals an individual’s email address; (4) telephone number; (5) social security number; (6) Internet Protocol address or host name that identifies an individual; (7) persistent 

identifier, such as a customer number held in a ‘‘cookie’’ or processor serial number, that is combined with other available data 

that identifies an individual; and (8) any other information, including grade point average, date of birth, academic or occupational interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with any of the 

above, would serve to identify any individual. 

Thirty-seven states have confidentiality statutes that conflict 

with HUD’s requirement to include personally identifying information in the HMIS database. In addition to the Federal and state 

homeless programs and their contractors that have access to this 

information, the HMIS database can be accessed by law enforcement agencies and national security agencies without a warrant. 

Further, the database could be accessed by an individual with a 

Freedom of Information Act request. 

COMMITTEE CONSIDERATION

The Committee on Financial Services met in open session on November 16, 2005 and ordered reported to the House H.R. 2695, the 

3 

‘‘Safe Housing Identity Exception for the Lives of Domestic Violence Victims Act’’ by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. No record votes were 

taken with in conjunction with the consideration of this legislation. 

A motion by Mr. Oxley to report the bill to the House with a favorable recommendation was agreed to by a voice vote. 

PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the Committee establishes the following performance related goals and objectives for this legislation: 

The objective of this legislation is to protect the identity of domestic violence victims. The goal of H.R. 2695 is to prohibit HUD 

from requiring domestic violence victims staying at shelters to provide personally identifying information and instead. This legislation requires that non-personally identifying information instead be 

used for data collection and statistical purposes. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Act pursuant to section 

402 of the Congressional Budget Act. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 29, 2005. 

Hon. MICHAEL G. OXLEY, Chairman, Committee on Financial Services, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2695, the Safe Housing 

Identity Exception for the Lives of Domestic Violence Victims Act. 

4 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Chad Chirico. 

Sincerely, 

DONALD B. MARRON

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

H.R. 2695—Safe Housing Identity Exception for the Lives of Domestic Violence Victims Act 

H.R. 2695 would amend the McKinney-Vento Homeless Assistance Act to protect the identifying information of victims of domestic violence. The bill would prohibit recipients of certain grants 

from disclosing to any person, agency, or entity a victim’s identifying information such as the victim’s name, address, or telephone 

number. 

CBO estimates that implementing H.R. 2695 would have no effect on the federal budget and would not affect direct spending or 

revenues. 

H.R. 2695 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. Any costs 

to state, local, or tribal governments would be incurred voluntarily 

as a condition of federal assistance. 

The CBO staff contact for this estimate is Chad Chirico. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional 

Authority of Congress to enact this legislation is provided by Article 1, section 8, clause 1 (relating to the general welfare of the 

United States) and clause 3 (relating to the power to regulate interstate commerce). 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

5 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section establishes the short title of the bill, the ‘‘Safe Housing Identity Exception for the Lives of Domestic Violence Victims 

Act,’’ or the ‘‘SHIELD Act.’’ 

Section 2. Amendment to the McKinney-Vento Homeless Assistance 

Act 

The Secretary of HUD is directed to instruct entities that are: (1) 

recipients of HUD grants or HUD programs; or (2) recipients of any 

other Federal or State program, to not disclose identifying information about individuals who are reasonably believed to be: (1) a victim of domestic violence, dating violence, sexual assault, or stalking; (2) the parent or guardian of a minor victim of domestic violence, dating violence, sexual assault, or stalking; or (3) the dependent or minor child of a victim of domestic violence, dating violence, sexual assault, or stalking. One example of ‘‘identifying information’’ is first and last name. 

The Secretary must not require entities receiving benefits under 

any other Federal or State program to disclose personally identifying information about any client reasonably believed to be: (1) 

victims of domestic violence, dating violence, sexual assault, or 

stalking; (2) the parents or guardians of minor victims of domestic 

violence, dating violence, sexual assault, or stalking; or (3) the dependents or minor children of victims of domestic violence, dating 

violence, sexual assault, or stalking. 

The Secretary shall instruct recipients of (1) HUD programs and 

funding; (2) any other Federal or State programs; (3) any other 

Federal or State program participating in any homeless management information system (HMIS) funded at least in part under this 

subsection, that personally identifying information about any client 

may only be disclosed to an HMIS with that client’s informed, timely, written consent. To comply with HMIS data collection requirements, the Secretary may require entities covered in this act to 

share nonpersonally identifying aggregate and demographic information. 

The term ‘‘personally identifying information’’ means information 

relating to an individual that could be used to identify that individual, including: (1) first and last name; (2) a home or other physical address, including street name, name of city or town, and ZIP 

code; (3) an email address or other online contact information, such 

as an instant messaging user identifier or a screen name that reveals an individual’s email address; (4) a telephone number; (5) a 

social security number; (6) an Internet Protocol address or host 

name that identifies an individual; (7) a persistent identifier, such 

as a customer number held in a ‘‘cookie’’ or processor serial number, that is combined with other available data that identifies an 

individual; and (8) any other information, including grade point average, date of birth, academic or occupational interests, athletic or 

extracurricular interests, racial or ethnic background, or religious 

affiliation, that, in combination with any of the above would serve 

to identify any individual. 

6 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

SECTION 423 OF THE MCKINNEY-VENTO HOMELESS 

ASSISTANCE ACT 

SEC. 423. ELIGIBLE ACTIVITIES. 

(a) IN GENERAL.—The Secretary may provide any project with 

one or more of the following types of assistance under this subtitle: 

(1) * * * 

* * * * * * * 

(8) CONFIDENTIALITY.— (A) HOUSING ASSISTANCE GRANTS AND PROGRAMS.—In 

the course of awarding grants or implementing programs 

under this subsection, the Secretary shall instruct any recipient or subgrantee not to disclose to any person, agency, 

or entity any personally identifying information about any 

client if the Secretary, recipient, or subgrantee believes, 

based upon reasonable evidence, that the client is— 

(i) a victim of domestic violence, dating violence, sexual assault, or stalking; 

(ii) the parent or guardian of a minor victim of domestic violence, dating violence, sexual assault, or 

stalking; or 

(iii) the dependent or minor child of a victim of domestic violence, dating violence, sexual assault, or 

stalking. 

(B) OTHER FEDERAL AND STATE PROGRAMS.—The Secretary shall not require or ask a recipient or subgrantee of 

any other Federal or State program to disclose personally 

identifying information about any clients if the persons, 

agencies, or entities implementing those programs believe, 

based upon reasonable evidence, that those clients are— 

(i) victims of domestic violence, dating violence, sexual assault, or stalking; 

(ii) the parents or guardians of minor victims of domestic violence, dating violence, sexual assault, or 

stalking; or 

(iii) the dependents or minor children of victims of 

domestic violence, dating violence, sexual assault, or 

stalking. 

(C) HOMELESS MANAGEMENT INFORMATION SYSTEMS.— 

The Secretary shall instruct any recipient or subgrantee 

under this subsection or any recipient or subgrantee of any 

other Federal or State program participating in any homeless management information system funded in whole or in 

part under this subsection that personally identifying information about any client may only be submitted to a homeless management information system if the program seeking to disclose such information has obtained informed, 

7 

reasonably time-limited, written consent from the client to 

whom the information relates. The Secretary may require 

or ask any recipient or subgrantee to share nonpersonally 

identifying data in the aggregate regarding services to clients and nonpersonally identifying demographic information in order to comply with the data collection requirements of homeless management information systems. 

(D) DEFINITION.—As used in this paragraph, the term 

personally identifying information means information from 

or about an individual that could be used to identify such 

individual, including— 

(i) first and last name; 

(ii) a home or other physical address, including 

street name, name of city or town, and ZIP code; 

(iii) an email address or other online contact information, such as an instant messaging user identifier or 

a screen name that reveals an individual’s email address; 

(iv) a telephone number; 

(v) a social security number; 

(vi) an Internet Protocol address or host name that 

identifies an individual; 

(vii) a persistent identifier, such as a customer number held in a ‘‘cookie’’ or processor serial number, that 

is combined with other available data that identifies 

an individual; and 

(viii) any other information, including grade point 

average, date of birth, academic or occupational interests, athletic or extracurricular interests, racial or ethnic background, or religious affiliation, that, in combination with any of the above, would serve to identify 

any individual. 

Æ