II 

109TH CONGRESS 

1ST SESSION S. 1197

To reauthorize the Violence Against Women Act of 1994. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2005

Mr. BIDEN (for himself, Mr. HATCH, Mr. SPECTER, Mr. LEAHY, Mr. 

DEWINE, Mr. KOHL, Mr. GRASSLEY, Mr. KENNEDY, Mrs. BOXER, Ms. 

STABENOW, Mr. SCHUMER, and Mrs. MURRAY) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL

To reauthorize the Violence Against Women Act of 1994.

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

3 SECTION 1. SHORT TITLE. 

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

5 Women Act of 2005’’. 

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. Universal definitions and grant provisions. 

TITLE I—ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS 

TO COMBAT VIOLENCE AGAINST WOMEN 

Sec. 101. Stop grants improvements. 
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Sec. 102. Grants to encourage arrest and enforce protection orders improvements. 

Sec. 103. Legal assistance for victims improvements. 

Sec. 104. Ensuring crime victim access to legal services.

Sec. 105. The Violence Against Women Act court training and improvements. 

Sec. 106. Full faith and credit improvements. 

Sec. 107. Privacy protections for victims of domestic violence, dating violence, 

sexual violence, and stalking. 

Sec. 108. Sex offender management. 

Sec. 109. Stalker database. 

Sec. 110. Federal victim assistants reauthorization. 

Sec. 111. Grants for law enforcement training programs.

Sec. 112. Reauthorization of the Court-Appointed Special Advocate Program.

Sec. 113. Preventing cyberstalking.

Sec. 114. Criminal provision relating to stalking.

Sec. 115. Repeat offender provision.

Sec. 116. Prohibiting dating violence.

Sec. 117. Prohibiting violence in special maritime and territorial jurisdiction. 

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 201. Findings. 

Sec. 202. Sexual assault services program. 

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

Sec. 204. Training and services to end violence against women with disabilities. 

Sec. 205. Training and services to end violence against women in later life. 

Sec. 206. Strengthening the national domestic violence hotline. 

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 301. Findings. 

Sec. 302. Rape prevention and education. 

Sec. 303. Services, education, protection, and justice for young victims of violence. 

Sec. 304. Grants to reduce violence against women on campus. 

Sec. 305. Juvenile justice. 

Sec. 306. Safe havens. 

TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY 

PREVENTING VIOLENCE 

Sec. 401. Preventing violence against women and children. 

Sec. 402. Study conducted by the Centers for Disease Control and Prevention. 

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

ASSAULT, AND STALKING 

Sec. 501. Findings. 

Sec. 502. Purpose. 

Sec. 503. Training and education of health professionals in domestic and sexual 

violence. 

Sec. 504. Grants to foster public health responses to domestic violence, dating 

violence, sexual assault, and stalking grants. 
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Sec. 505. Research on effective interventions in the healthcare setting. 

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR 

BATTERED WOMEN AND CHILDREN 

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

violence, sexual assault, and stalking. 

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

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

Sec. 604. Housing strategies. 

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

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

Sec. 607. Amendments to the public housing program. 

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF 

VIOLENCE 

Sec. 701. Emergency leave. 

Sec. 702. Grant for national clearinghouse and resource center on workplace responses to assist victims of domestic and sexual violence. 

TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED 

IMMIGRANT WOMEN 

Subtitle A—Victims of Crime 

Sec. 801. Treatment of spouse and children of victims.

Sec. 802. Presence of victims of a severe form of trafficking in persons.

Sec. 803. Adjustment of status for victims of trafficking.

Sec. 804. Protection and assistance for victims of trafficking.

Sec. 805. Protecting victims of child abuse.

Sec. 806. Ensuring crime victim access to legal services.

Subtitle B—VAWA Self-Petitioners 

Sec. 811. Definition of VAWA self-petitioner. 

Sec. 812. Application to fiancees who do not marry within 90-day period.

Sec. 813. Application in case of voluntary departure.

Sec. 814. Removal proceedings.

Sec. 815. Eliminating abusers’ control over applications for adjustments of status.

Sec. 816. Application for VAWA-related relief.

Sec. 817. Self-petitioning parents.

Sec. 818. VAWA confidentiality nondisclosure. 

Subtitle C—Miscellaneous Amendments 

Sec. 821. Duration of T and U visas.

Sec. 822. Technical correction to references in application of special physical 

presence and good moral character rules.

Sec. 823. Petitioning rights of certain former spouses under Cuban adjustment.

Sec. 824. Self-petitioning rights of HRIFA applicants.

Sec. 825. Deportation proceedings.

Sec. 826. Limitations on enforcement. 

Sec. 827. Protecting abused juveniles. 

Sec. 828. Rulemaking.
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TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Findings. 

Sec. 902. Purposes. 

Sec. 903. Consultation. 

Sec. 904. Analysis and research on violence against Indian women. 

Sec. 905. Tracking of violence against Indian women. 

Sec. 906. Tribal deputy in the Office on Violence Against Women. 

Sec. 907. Enhanced criminal law resources. 

Sec. 908. Domestic assault by an habitual offender.

1 SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS. 

2 (a) IN GENERAL.—The Violence Against Women Act 

3 of 1994 (108 Stat. 1902 et seq.) is amended by adding 

4 after section 40001 the following: 

5 ‘‘SEC. 40002. DEFINITIONS AND GRANT PROVISIONS. 

6 ‘‘(a) DEFINITIONS.—In this title: 

7 ‘‘(1) COURTS.—The term ‘courts’ means any 

8 civil or criminal, tribal, and Alaskan Village, Fed9 eral, State, local or territorial court having jurisdic10 tion to address domestic violence, dating violence, 

11 sexual assault or stalking, including immigration, 

12 family, juvenile, and dependency courts, and the ju13 dicial officers serving in those courts, including 

14 judges, magistrate judges, commissioners, justices of 

15 the peace, or any other person with decisionmaking 

16 authority. 

17 ‘‘(2) CHILD MALTREATMENT.—The term ‘child 

18 maltreatment’ means the physical or psychological 

19 abuse or neglect of a child or youth, including sexual 

20 assault and abuse. 
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1 ‘‘(3) COURT-BASED AND COURT-RELATED PER2 SONNEL.—The term ‘court-based’ and ‘court-related 

3 personnel’ mean persons working in the court, 

4 whether paid or volunteer, including—

5 ‘‘(A) clerks, special masters, domestic rela6 tions officers, administrators, mediators, cus7 tody evaluators, guardians ad litem, lawyers, 

8 negotiators, probation, parole, interpreters, vic9 tim assistants, victim advocates, and judicial, 

10 administrative, or any other professionals or 

11 personnel similarly involved in the legal process; 

12 ‘‘(B) court security personnel; 

13 ‘‘(C) personnel working in related, supple14 mentary offices or programs (such as child sup15 port enforcement); and 

16 ‘‘(D) any other court-based or community17 based personnel having responsibilities or au18 thority to address domestic violence, dating vio19 lence, sexual assault, or stalking in the court 

20 system. 

21 ‘‘(4) DOMESTIC VIOLENCE.—The term ‘domes22 tic violence’ includes felony or misdemeanor crimes 

23 of violence committed by a current or former spouse 

24 of the victim, by a person with whom the victim 

25 shares a child in common, by a person who is co-
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1 habitating with or has cohabitated with the victim as 

2 a spouse, by a person similarly situated to a spouse 

3 of the victim under the domestic or family violence 

4 laws of the jurisdiction receiving grant monies, or by 

5 any other person against an adult, youth, or child 

6 victim who is protected from that person’s acts 

7 under the domestic or family violence laws of the ju8 risdiction receiving grant monies. 

9 ‘‘(5) DATING PARTNER.—The term ‘dating 

10 partner’ refers to a person who is or has been in a 

11 social relationship of a romantic or intimate nature 

12 with the abuser, and existence of such a relationship 

13 based on a consideration of—

14 ‘‘(A) the length of the relationship; 

15 ‘‘(B) the type of relationship; and 

16 ‘‘(C) the frequency of interaction between 

17 the persons involved in the relationship. 

18 ‘‘(6) DATING VIOLENCE.—The term ‘dating vio19 lence’ means violence committed by a person—

20 ‘‘(A) who is or has been in a social rela21 tionship of a romantic or intimate nature with 

22 the victim; and 

23 ‘‘(B) where the existence of such a rela24 tionship shall be determined based on a consid25 eration of the following factors: 
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1 ‘‘(i) The length of the relationship. 

2 ‘‘(ii) The type of relationship. 

3 ‘‘(iii) The frequency of interaction be4 tween the persons involved in the relation5 ship. 

6 ‘‘(7) ELDER ABUSE.—The term ‘elder abuse’ 

7 means any action against a person who is 60 years 

8 of age or older that constitutes the willful— 

9 ‘‘(A) infliction of injury, unreasonable con10 finement, intimidation, or cruel punishment 

11 with resulting physical harm, pain, or mental 

12 anguish; or 

13 ‘‘(B) deprivation by a person, including a 

14 caregiver, of goods or services that are nec15 essary to avoid physical harm, mental anguish, 

16 or mental illness. 

17 ‘‘(8) INDIAN.—The term ‘Indian’ means a 

18 member of an Indian tribe. 

19 ‘‘(9) INDIAN HOUSING.—The term ‘Indian 

20 housing’ means housing assistance described in the 

21 Native American Assistance and Self-Determination 

22 Act of (25 U.S.C. 4101 et seq., as amended). 

23 ‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’ 

24 means a tribe, band, pueblo, nation, or other orga25 nized group or community of Indians, including any 
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1 Alaska Native village or regional or village corpora2 tion (as defined in, or established pursuant to, the 

3 Alaska Native Claims Settlement Act (43 U.S.C. 

4 1601 et seq.)), that is recognized as eligible for the 

5 special programs and services provided by the 

6 United States to Indians because of their status as 

7 Indians. 

8 ‘‘(11) INDIAN LAW ENFORCEMENT.—The term 

9 ‘Indian law enforcement’ means the departments or 

10 individuals under the direction of the Indian tribe 

11 that maintain public order. 

12 ‘‘(12) LAW ENFORCEMENT.—The term ‘law en13 forcement’ means a public agency charged with po14 licing functions, including any of its component bu15 reaus (such as governmental victim services pro16 grams), including those referred to in section 3 of 

17 the Indian Enforcement Reform Act (25 U.S.C. 

18 2802). 

19 ‘‘(13) LEGAL ASSISTANCE.—The term ‘legal as20 sistance’ includes assistance to adult and youth vic21 tims of domestic violence, dating violence, sexual as22 sault, and stalking in—

23 ‘‘(A) family, tribal, territorial, immigra24 tion, employment, administrative agency, hous25 ing matters, campus administrative or protec-
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1 tion or stay away order proceedings, and other 

2 similar matters; and 

3 ‘‘(B) criminal justice investigations, pros4 ecutions and post-trial matters (including sen5 tencing, parole, and probation) that impact the 

6 victim’s safety and privacy. 

7 ‘‘(14) LINGUISTICALLY AND CULTURALLY SPE8 CIFIC SERVICES.—The term ‘linguistically and cul9 turally specific services’ means community-based 

10 services that offer full linguistic access and cul11 turally specific services and resources, including out12 reach, collaboration, and support mechanisms pri13 marily directed toward racial and ethnic populations 

14 and other underserved communities. 

15 ‘‘(15) PERSONALLY IDENTIFYING INFORMATION

16 OR PERSONAL INFORMATION.—The term ‘personally 

17 identifying information’ or ‘personal information’ 

18 means individually identifying information for or 

19 about an individual including information likely to 

20 disclose the location of a victim of domestic violence, 

21 dating violence, sexual assault, or stalking, includ22 ing—

23 ‘‘(A) a first and last name; 

24 ‘‘(B) a home or other physical address; 
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1 ‘‘(C) contact information (including a post2 al, e-mail or Internet protocol address, or tele3 phone or facsimile number); 

4 ‘‘(D) a social security number; and 

5 ‘‘(E) any other information, including date 

6 of birth, racial or ethnic background, or reli7 gious affiliation, that, in combination with any 

8 of subparagraphs (A) through (D), would serve 

9 to identify any individual. 

10 ‘‘(16) PROSECUTION.—The term ‘prosecution’ 

11 means any public agency charged with direct respon12 sibility for prosecuting criminal offenders, including 

13 such agency’s component bureaus (such as govern14 mental victim services programs). 

15 ‘‘(17) PROTECTION ORDER OR RESTRAINING

16 ORDER.—The term ‘protection order’ or ‘restraining 

17 order’ includes—

18 ‘‘(A) any injunction, restraining order, or 

19 any other order issued by a civil or criminal 

20 court for the purpose of preventing violent or 

21 threatening acts or harassment against, sexual 

22 violence or contact or communication with or 

23 physical proximity to, another person, including 

24 any temporary or final orders issued by civil or 

25 criminal courts whether obtained by filing an 
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1 independent action or as a pendente lite order 

2 in another proceeding so long as any civil 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 

8 issued as part of a protection order, restraining 

9 order, or stay away injunction pursuant to 

10 State, tribal, territorial, or local law authorizing 

11 the issuance of protection orders, restraining 

12 orders, or injunctions for the protection of vic13 tims of domestic violence, dating violence, sex14 ual assault, or stalking. 

15 ‘‘(18) RURAL AREA AND RURAL COMMUNITY.—

16 The term ‘rural area’ and ‘rural community’ mean—

17 ‘‘(A) any area or community, respectively, 

18 no part of which is within an area designated 

19 as a standard metropolitan statistical area by 

20 the Office of Management and Budget; or 

21 ‘‘(B) any area or community, respectively, 

22 that is—

23 ‘‘(i) within an area designated as a 

24 metropolitan statistical area or considered 
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1 as part of a metropolitan statistical area; 

2 and 

3 ‘‘(ii) located in a rural census tract. 

4 ‘‘(19) RURAL STATE.—The term ‘rural State’ 

5 means a State that has a population density of 52 

6 or fewer persons per square mile or a State in which 

7 the largest county has fewer than 150,000 people, 

8 based on the most recent decennial census. 

9 ‘‘(20) SEXUAL ASSAULT.—The term ‘sexual as10 sault’ means any conduct prescribed by chapter 

11 109A of title 18, United States Code, whether or not 

12 the conduct occurs in the special maritime and terri13 torial jurisdiction of the United States or in a Fed14 eral prison and includes both assaults committed by 

15 offenders who are strangers to the victim and as16 saults committed by offenders who are known or re17 lated by blood or marriage to the victim. 

18 ‘‘(21) STALKING.—The term ‘stalking’ means 

19 engaging in a course of conduct directed at a spe20 cific person that would cause a reasonable person 

21 to—

22 ‘‘(A) fear for his or her safety or the safety 

23 of others; or 

24 ‘‘(B) suffer substantial emotional distress. 
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1 ‘‘(22) STATE.—The term ‘State’ means each of 

2 the several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, and except as other4 wise provided, Guam, American Samoa, the Virgin 

5 Islands, and the Northern Mariana Islands. 

6 ‘‘(23) STATE DOMESTIC VIOLENCE COALI7 TION.—The term ‘State domestic violence coalition’ 

8 means a program determined by the Administration 

9 for Children and Families under the Family Violence 

10 Prevention and Services Act (42 U.S.C. 10410(b)). 

11 ‘‘(24) STATE SEXUAL ASSAULT COALITION.—

12 The term ‘State sexual assault coalition’ means a 

13 program determined by the Center for Injury Pre14 vention and Control of the Centers for Disease Con15 trol and Prevention under the Public Health Service 

16 Act (42 U.S.C. 280b et seq.). 

17 ‘‘(25) TERRITORIAL DOMESTIC VIOLENCE OR

18 SEXUAL ASSAULT COALITION.—The term ‘territorial 

19 domestic violence or sexual assault coalition’ means 

20 a program addressing domestic violence that is—

21 ‘‘(A) an established nonprofit, nongovern22 mental territorial coalition addressing domestic 

23 violence or sexual assault within the territory; 

24 or 
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1 ‘‘(B) a nongovernmental organization with 

2 a demonstrated history of addressing domestic 

3 violence or sexual assault within the territory 

4 that proposes to incorporate as a nonprofit, 

5 nongovernmental territorial coalition. 

6 ‘‘(26) TRIBAL COALITION.—The term ‘tribal co7 alition’ means—

8 ‘‘(A) an established nonprofit, nongovern9 mental tribal coalition addressing domestic vio10 lence and sexual assault against American In11 dian and Alaskan Native women; or 

12 ‘‘(B) individuals or organizations that pro13 pose to incorporate as nonprofit, nongovern14 mental tribal coalitions to address domestic vio15 lence and sexual assault against American In16 dian and Alaskan Native women. 

17 ‘‘(27) TRIBAL GOVERNMENT.—The term ‘tribal 

18 government’ means—

19 ‘‘(A) the governing body of an Indian 

20 tribe; or 

21 ‘‘(B) a tribe, band, pueblo, nation, or other 

22 organized group or community of Indians, in23 cluding any Alaska Native village or regional or 

24 village corporation (as defined in, or established 

25 pursuant to, the Alaska Native Claims Settle-
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1 ment Act (43 U.S.C. 1601 et seq.)), that is rec2 ognized as eligible for the special programs and 

3 services provided by the United States to Indi4 ans because of their status as Indians. 

5 ‘‘(28) TRIBAL ORGANIZATION.—The term ‘trib6 al organization’ means—

7 ‘‘(A) the governing body of any Indian 

8 tribe; 

9 ‘‘(B) any legally established organization 

10 of Indians which is controlled, sanctioned, or 

11 chartered by such governing body of a tribe or 

12 tribes to be served, or which is democratically 

13 elected by the adult members of the Indian 

14 community to be served by such organization 

15 and which includes the maximum participation 

16 of Indians in all phases of its activities; or 

17 ‘‘(C) any tribal nonprofit organization. 

18 ‘‘(29) UNDERSERVED POPULATIONS.—The 

19 term ‘underserved populations’ includes populations 

20 underserved because of geographic location, under21 served racial and ethnic populations, populations un22 derserved because of special needs (such as language 

23 barriers, disabilities, alienage status, or age), and 

24 any other population determined to be underserved 

25 by the Attorney General. 
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1 ‘‘(30) VICTIM ADVOCATE.—The term ‘victim 

2 advocate’ means a person, whether paid or serving 

3 as a volunteer, who provides services to victims of 

4 domestic violence, sexual assault, stalking, or dating 

5 violence under the auspices or supervision of a vic6 tim services program. 

7 ‘‘(31) VICTIM ASSISTANT.—The term ‘victim 

8 assistant’ means a person, whether paid or serving 

9 as a volunteer, who provides services to victims of 

10 domestic violence, sexual assault, stalking, or dating 

11 violence under the auspices or supervision of a court 

12 or a law enforcement or prosecution agency. 

13 ‘‘(32) VICTIM SERVICES OR VICTIM SERVICE

14 PROVIDER.—The term ‘victim services’ or ‘victim 

15 service provider’ means a nonprofit, nongovern16 mental organization that assists domestic violence, 

17 dating violence, sexual assault, or stalking victims, 

18 including rape crisis centers, domestic violence wom19 en’s shelters, faith-based organizations, and other 

20 organizations, with a documented history of effective 

21 work concerning domestic violence, dating violence, 

22 sexual assault, or stalking. 

23 ‘‘(33) YOUTH.—The term ‘youth’ means teen 

24 and young adult victims of domestic violence, dating 

25 violence, sexual assault, or stalking. 
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1 ‘‘(b) GRANT CONDITIONS.—

2 ‘‘(1) MATCH.—No matching funds shall be re3 quired for a grant or subgrant made under this title 

4 for any unit of local government, tribe, territory, or 

5 victim service provider. 

6 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR

7 PRIVATE INFORMATION.—

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

9 safety of adult, youth, and child victims of do10 mestic violence, dating violence, sexual assault, 

11 or stalking, and their families, grantee and sub12 grantees under this title shall protect the con13 fidentiality and privacy of persons receiving 

14 services. 

15 ‘‘(B) NONDISCLOSURE.—Subject to sub16 paragraphs (C) and (D), grantees and sub17 grantees shall not—

18 ‘‘(i) disclose any personally identifying 

19 information or individual information col20 lected in connection with services re21 quested, utilized, or denied through grant22 ees’ and subgrantees’ programs; or 

23 ‘‘(ii) reveal individual client informa24 tion without the informed, written, reason25 ably time-limited consent of the person (or 
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1 in the case of an unemancipated minor, the 

2 minor and the parent or guardian or in the 

3 case of persons with disabilities, the guard4 ian) about whom information is sought, 

5 whether for this program or any other 

6 Federal, State, tribal, or territorial grant 

7 program. 

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

9 described in subparagraph (B) is compelled by 

10 statutory or court mandate—

11 ‘‘(i) grantees and subgrantees shall 

12 make reasonable attempts to provide notice 

13 to victims affected by the disclosure of in14 formation; 

15 ‘‘(ii) grantees and subgrantees shall 

16 take steps necessary to protect the privacy 

17 and safety of the persons affected by the 

18 release of the information; and 

19 ‘‘(iii) consent for release may not be 

20 given by the abuser of the minor, person 

21 with disabilities, or the abuser of the other 

22 parent of the minor. 

23 ‘‘(D) INFORMATION SHARING.—Grantees 

24 and subgrantees may share—
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1 ‘‘(i) nonpersonally identifying data in 

2 the aggregate regarding services to their 

3 clients and nonpersonally identifying demo4 graphic information in order to comply 

5 with Federal, State, tribal, or territorial 

6 reporting, evaluation, or data collection re7 quirements; 

8 ‘‘(ii) court-generated information and 

9 law-enforcement generated information 

10 contained in secure, governmental reg11 istries for protection order enforcement 

12 purposes; and 

13 ‘‘(iii) law enforcement- and prosecu14 tion-generated information necessary for 

15 law enforcement and prosecution purposes. 

16 ‘‘(3) APPROVED ACTIVITIES.—In carrying out 

17 the activities under this title, grantees and sub18 grantees may collaborate with and provide informa19 tion to Federal, State, local, tribal, and territorial 

20 public officials and agencies to develop and imple21 ment policies to reduce or eliminate domestic vio22 lence, dating violence, sexual assault, and stalking. 

23 ‘‘(4) NON-SUPPLANTATION.—Any Federal 

24 funds received under this title shall be used to sup-
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1 plement, not supplant, non-Federal funds that would 

2 otherwise be available for activities under this title. 

3 ‘‘(5) USE OF FUNDS.—Funds authorized and 

4 appropriated under this title may be used only for 

5 the specific purposes described in this title and shall 

6 remain available until expended.’’. 

7 ‘‘(c) REPORTS.—An entity receiving a grant under 

8 this title shall submit to the disbursing agency a report 

9 detailing the activities undertaken with the grant funds, 

10 including and providing additional information as the 

11 agency shall require. 

12 ‘‘(d) EVALUATION.—Federal agencies disbursing 

13 funds under this title shall set aside up to 3 percent of 

14 such funds in order to conduct—

15 ‘‘(1) evaluations of specific programs or 

16 projects funded by the disbursing agency under this 

17 title or related research; or 

18 ‘‘(2) evaluations of promising practices or prob19 lems emerging in the field or related research, in 

20 order to inform the agency or agencies as to which 

21 programs or projects are likely to be effective or re22 sponsive to needs in the field.’’. 

23 (b) DEFINITIONS IN CRIME CONTROL ACT.—Part T 

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

2 inserting before section 2001 the following: 

3 ‘‘SEC. 2000. DEFINITIONS. 

4 ‘‘In this title the definitions in section 40002 of the 

5 Violence Against Women Act of 1994 shall apply.’’. 

6 (c) DEFINITIONS IN 2000 ACT.—Section 1002 of the 

7 Violence Against Women Act of 2002 (42 U.S.C. 3796-

8 gg note) is amended to read as follows: 

9 ‘‘SEC. 1002. DEFINITIONS. 

10 ‘‘In this division the definitions in section 40002 of 

11 the Violence Against Women Act of 1994 shall apply.’’. 

12 TITLE I—ENHANCING JUDICIAL 

13 AND LAW ENFORCEMENT 

14 TOOLS TO COMBAT VIOLENCE 

15 AGAINST WOMEN 

16 SEC. 101. STOP GRANTS IMPROVEMENTS. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

19 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is 

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

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

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

23 (b) PURPOSE AREA ENHANCEMENTS.—Section 

24 2001(b) of title I of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended—
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1 (1) in paragraph (10), by striking ‘‘and’’ after 

2 the semicolon; 

3 (2) in paragraph (11), by striking the period 

4 and inserting ‘‘; and’’; and 

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

6 ‘‘(12) maintaining core victim services and 

7 criminal justice initiatives, while supporting com8 plementary new initiatives and emergency services 

9 for victims and their families.’’. 

10 (c) CLARIFICATION OF ACTIVITIES REGARDING UN11 DERSERVED POPULATIONS.—Section 2007 of the Omni12 bus Crime Control and Safe Streets Act of 1968 (42 

13 U.S.C. 3796gg–1) is amended—

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

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

16 will address the needs of racial and ethnic popu17 lations and underserved populations’’; and 

18 (2) in subsection (e)(2), by striking subpara19 graph (D) and inserting the following: 

20 ‘‘(D) recognize and meaningfully respond 

21 to the needs of underserved populations and en22 sure that monies set aside to fund linquistically 

23 and culturally specific services and activities for 

24 underserved populations are distributed equally 

25 among those populations.’’. 
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1 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section 

2 2007 of the Omnibus Crime Control and Safe Streets Act 

3 of 1968 (42 U.S.C. 3796gg–1) is amended—

4 (1) in subsection (b)—

5 (A) in paragraph (1), by striking ‘‘5 per6 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), striking by ‘‘1 7 ⁄54’’ 

and inserting ‘‘1 8 ⁄56’’; 

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

10 coalition for the combined Territories of the 

11 United States, each receiving an amount equal 

to 1 12 ⁄54’’ and inserting ‘‘coalitions for Guam, 

13 American Samoa, the United States Virgin Is14 lands, and the Commonwealth of the Northern 

15 Mariana Islands, each receiving an amount 

16 equal to 1/56’’; 

17 (D) in paragraph (4), by striking ‘‘1/54’’ 

18 and inserting ‘‘1/56’’; 

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

20 after the semicolon; and 

21 (F) in paragraph (6), by striking the pe22 riod and inserting ‘‘; and’’; 

23 (2) in subsection (d)—

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

25 after the semicolon; 
24

•S 1197 IS 

1 (B) in paragraph (3), by striking the pe2 riod and inserting ‘‘; and’’; and 

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

4 ‘‘(4) documentation showing that tribal, terri5 torial, State or local prosecution, law enforcement, 

6 and court and victim service providers have con7 sulted with tribal, territorial, State, or local victim 

8 services programs during the course of developing 

9 their grant applications in order to ensure that pro10 posed services, activities and equipment acquisitions 

11 are designed to promote the safety, confidentiality, 

12 and economic independence of victims of domestic vi13 olence, sexual assault, stalking, and dating vio14 lence.’’. 

15 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

16 COLLECTION.—Section 2007 of the Omnibus Crime Con17 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

18 1) is amended by adding at the end the following: 

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

20 COLLECTION.—

21 ‘‘(1) IN GENERAL.—Of the total amounts ap22 propriated under this part, not less than 3 percent 

23 and up to 8 percent shall be available for providing 

24 training and technical assistance relating to the pur-
25

•S 1197 IS 

1 pose areas of this part to improve the capacity of 

2 grantees, subgrantees and other entities. 

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

4 Office on Violence Against Women shall ensure that 

5 training or technical assistance regarding violence 

6 against Indian women will be developed and pro7 vided by entities having expertise in tribal law and 

8 culture.’’. 

9 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

10 Section 2010 of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by 

12 adding at the end the following: 

13 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov14 ernment may use Federal grant funds under this part to 

15 pay for forensic medical exams performed by trained ex16 aminers for victims of sexual assault, except that such 

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

18 by any State or Indian tribal government that requires 

19 victims of sexual assault to seek reimbursement for such 

20 exams from their insurance carriers. 

21 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to permit a State, Indian tribal 

23 government, or territorial government to require a victim 

24 of sexual assault to participate in the criminal justice sys25 tem or cooperate with law enforcement in order to be pro-
26

•S 1197 IS 

1 vided with a forensic medical exam, reimbursement for 

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

3 ‘‘(e) JUDICIAL NOTIFICATION.—

4 ‘‘(1) IN GENERAL.—A State, Indian tribal gov5 ernment, or unit of local government shall not be en6 titled to funds under this part unless the State, In7 dian tribal government, or unit of local govern8 ment—

9 ‘‘(A) certifies that its judicial administra10 tive policies and practices include notification to 

11 domestic violence offenders of the requirements 

12 delineated in section 922(g)(8) and (g)(9) of 

13 title 18, United States Code, and any applicable 

14 related Federal, State, or local laws; or 

15 ‘‘(B) gives the Attorney General assur16 ances that its judicial administrative policies 

17 and practices will be in compliance with the re18 quirements of subparagraph (A) within the 

19 later of—

20 ‘‘(i) the period ending on the date on 

21 which the next session of the State legisla22 ture ends; or 

23 ‘‘(ii) 2 years. 

24 ‘‘(2) REDISTRIBUTION.—Funds withheld from a 

25 State, unit of local government, or Indian tribal gov-
27

•S 1197 IS 

1 ernment under subsection (a) shall be distributed to 

2 other States, units of local government, and Indian 

3 tribal governments, pro rata.’’. 

4 (g) 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: 

8 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

9 ‘‘(a) IN GENERAL.—In order to be eligible for grants 

10 under this part, a State, Indian tribal government, terri11 torial government, or unit of local government must certify 

12 within 3 years of the date of enactment of this section 

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

14 enforcement officer, prosecuting officer or other govern15 ment official shall ask or require an adult, youth, or child 

16 victim of an alleged sex offense as defined under Federal, 

17 tribal, State, territorial, or local law to submit to a poly18 graph examination or other truth telling device as a condi19 tion for proceeding with the investigation of such an of20 fense. 

21 ‘‘(b) PROSECUTION.—The refusal of a victim to sub22 mit to an examination described in subsection (a) shall 

23 not prevent the investigation, charging, or prosecution of 

24 the offense.’’. 
28

•S 1197 IS 

1 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

2 PROTECTION ORDERS IMPROVEMENTS. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 1001(a)(19) of title I of the Omnibus Crime Control and 

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

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

7 2001 through 2005’’ and inserting ‘‘$75,000,000 for each 

8 of fiscal years 2006 through 2010. Funds appropriated 

9 under this paragraph shall remain available until ex10 pended.’’. 

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

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

13 U.S.C. 3796hh) is amended—

14 (1) in subsection (a), by striking ‘‘to treat do15 mestic violence as a serious violation’’ and inserting 

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

17 assault, and stalking as serious violations’’; 

18 (2) in subsection (b)—

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

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

21 territorial,’’; 

22 (B) in paragraph (1), by—

23 (i) striking ‘‘mandatory arrest or’’; 

24 and 

25 (ii) striking ‘‘mandatory arrest pro26 grams and’’; 
29

•S 1197 IS 

1 (C) in paragraph (2), by—

2 (i) inserting after ‘‘educational pro3 grams,’’ the following: ‘‘protection order 

4 registries,’’; 

5 (ii) striking ‘‘domestic violence and 

6 dating violence’’ and inserting ‘‘domestic 

7 violence, dating violence, sexual assault, 

8 and stalking. Policies, educational pro9 grams, registries, and training described in 

10 this paragraph shall incorporate confiden11 tiality, and privacy protections for victims 

12 of domestic violence, dating violence, sex13 ual assault, and stalking’’; 

14 (D) in paragraph (3), by—

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

16 and inserting ‘‘domestic violence, dating vi17 olence, sexual assault, and stalking cases’’; 

18 and 

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

20 ‘‘teams’’; 

21 (E) in paragraph (5), by striking ‘‘domes22 tic violence and dating violence’’ and inserting 

23 ‘‘domestic violence, dating violence, sexual as24 sault, and stalking’’; 

25 (F) in paragraph (6), by—
30

•S 1197 IS 

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

2 ‘‘civil’’; and 

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

4 the following: ‘‘, dating violence, sexual as5 sault, and stalking’’; and 

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

7 ‘‘(9) To develop State, territorial, or local poli8 cies, procedures, and protocols, and to develop effec9 tive methods for identifying the pattern and history 

10 of abuse that indicates which party is the actual per11 petrator of abuse. 

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

14 as family justice centers, designed to bring together 

15 victim advocates from non-profit, non-governmental 

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

18 victim assistants, forensic medical professionals, civil 

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

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

24 for victims and families. 
31

•S 1197 IS 

1 ‘‘(11) To develop and implement policies and 

2 training for police, prosecutors, and the judiciary in 

3 recognizing, investigating, and prosecuting instances 

4 of sexual assault, with an emphasis on recognizing 

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

7 (3) in subsection (c)—

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

9 after the semicolon; 

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

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

13 ‘‘(5) certify, not later than 3 years after the 

14 date of enactment of this section, that their laws, 

15 policies, or practices ensure that—

16 ‘‘(A) no law enforcement officer, pros17 ecuting officer or other government official shall 

18 ask or require an adult, youth, or child victim 

19 of a sex offense as defined under Federal, trib20 al, State, territorial, or local law to submit to 

21 a polygraph examination or other truth telling 

22 device as a condition for proceeding with the in23 vestigation of such an offense; and 

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

25 an examination described in subparagraph (A) 
32

•S 1197 IS 

1 shall not prevent the investigation of the of2 fense.’’; and 

3 (4) by striking subsections (d) and (e) and in4 serting the following: 

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

6 than 10 percent of the total amount made available for 

7 grants under this section for each fiscal year shall be avail8 able for grants to Indian tribal governments.’’. 

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

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

11 3796hh–1(b)) is amended in each of paragraphs (1) and 

12 (2) by inserting after ‘‘involving domestic violence’’ the fol13 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

14 (d) TRAINING, TECHNICAL ASSISTANCE, CONFIDEN15 TIALITY.—Part U of title I of the Omnibus Crime Control 

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

17 is amended by adding at the end the following: 

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

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

20 not less than 5 percent and up to 8 percent shall be avail21 able for providing training and technical assistance relat22 ing to the purpose areas of this part to improve the capac23 ity of grantees and other entities to offer services and as24 sistance to victims of domestic violence and dating vio25 lence.’’. 
33

•S 1197 IS 

1 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVE2 MENTS. 

3 Section 1201 of the Violence Against Women Act of 

4 2000 (42 U.S.C. 3796gg–6) is amended—

5 (1) in subsection (a), by—

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

7 following: ‘‘civil and criminal’’; 

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

9 following: ‘‘adult and youth’’; and 

10 (C) inserting at the end the following: 

11 ‘‘Criminal legal assistance provided for under 

12 this section shall be limited to criminal matters 

13 relating to domestic violence, sexual assault, 

14 dating violence, and stalking.’’; 

15 (2) in subsection (c), by inserting ‘‘and tribal 

16 organizations, territorial organizations’’ after ‘‘In17 dian tribal governments’’; 

18 (3) in subsection (d)—

19 (A) by striking paragraph (2) and insert20 ing the following: 

21 ‘‘(2) any training program conducted in satis22 faction of the requirement of paragraph (1) has been 

23 or will be developed with input from and in collabo24 ration with a tribal, State, territorial, or local do25 mestic violence, dating violence, sexual assault or 

26 stalking organization or coalition, as well as appro-
34

•S 1197 IS 

1 priate tribal, State, territorial, and local law enforce2 ment officials; and 

3 (B) in paragraph (4), by inserting ‘‘dating 

4 violence,’’ after ‘‘domestic violence,’’; 

5 (4) in subsection (e), by inserting ‘‘dating vio6 lence,’’ after ‘‘domestic violence,’’; and 

7 (5) in subsection (f)—

8 (A) by striking paragraph (1) and insert9 ing the following: 

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

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

12 for each of fiscal years 2006 through 2010.’’; and 

13 (B) in paragraph (2)(A), by—

14 (i) striking ‘‘5 percent’’ and inserting 

15 ‘‘10 percent’’; and 

16 (ii) inserting ‘‘adult and youth’’ after 

17 ‘‘that assist’’. 

18 SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL 

19 SERVICES. 

20 (a) IN GENERAL.—Section 502 of the Department of 

21 Commerce, Justice, and State, the Judiciary, and Related 

22 Agencies Appropriations Act, 1998 (Public Law 105–119; 

23 111 Stat. 2510) is amended— 

24 (1) in subsection (a)(2)(C)— 
35

•S 1197 IS 

1 (A) in the matter preceding clause (i), by 

2 striking ‘‘using funds derived from a source 

3 other than the Corporation to provide’’ and in4 serting ‘‘providing’’; 

5 (B) in clause (i), by striking ‘‘in the 

6 United States’’ and all that follows and insert7 ing ‘‘or a victim of sexual assault or trafficking 

8 in the United States, or qualifies for immigra9 tion relief under section 101(a)(15)(U) of the 

10 Immigration and Nationality Act (8 U.S.C. 

11 1101(a)(15)(U)); or’’; and 

12 (C) in clause (ii), by striking ‘‘has been 

13 battered’’ and all that follows and inserting ‘‘, 

14 without the active participation of the alien, has 

15 been battered or subjected to extreme cruelty or 

16 a victim of sexual assault or trafficking in the 

17 United States, or qualifies for immigration re18 lief under section 101(a)(15)(U) of the Immi19 gration and Nationality Act (8 U.S.C. 

20 1101(a)(15)(U)).’’; and 

21 (2) in subsection (b)(2), by striking ‘‘described 

22 in such subsection’’ and inserting ‘‘, sexual assault 

23 or trafficking, or the crimes listed in section 

24 101(a)(15)(U)(iii) of the Immigration and Nation25 ality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’. 
36

•S 1197 IS 

1 (b) SAVINGS PROVISION.—Nothing in this Act, or the 

2 amendments made by this Act, shall be construed to re3 strict the legal assistance provided to victims of trafficking 

4 and certain family members authorized under section 

5 107(b)(1) of the Trafficking Victims Protection Act of 

6 2000 (22 U.S.C. 7105(b)(1)). 

7 SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT 

8 TRAINING AND IMPROVEMENTS. 

9 (a) VIOLENCE AGAINST WOMEN ACT COURT TRAIN10 ING AND IMPROVEMENTS.—The Violence Against Women 

11 Act of 1994 (108 Stat. 1902 et seq.) is amended by adding 

12 at the end the following: 

13 ‘‘Subtitle J—Violence Against 

14 Women Act Court Training and 

15 Improvements 

16 ‘‘SEC. 41001. SHORT TITLE. 

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

18 Women Act Court Training and Improvements Act of 

19 2005’. 

20 ‘‘SEC. 41002. PURPOSE. 

21 ‘‘The purpose of this subtitle is to enable the Attor22 ney General, though the Director of the Office on Violence 

23 Against Women, to award grants to improve court re24 sponses to adult and youth domestic violence, dating vio25 lence, sexual assault, and stalking to be used for—
37

•S 1197 IS 

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

2 functions, responses, practices, and procedures; 

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

4 personnel on issues relating to victims’ needs, in5 cluding safety, security, privacy, confidentiality, and 

6 economic independence, as well as information about 

7 perpetrator behavior and best practices for holding 

8 perpetrators accountable; 

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

10 State, and local public agencies and officials and 

11 nonprofit, nongovernmental organizations to improve 

12 implementation and enforcement of relevant Federal, 

13 State, tribal, territorial, and local law; 

14 ‘‘(4) enabling courts or court-based or court-re15 lated programs to develop new or enhance current—

16 ‘‘(A) court infrastructure (such as special17 ized courts, dockets, intake centers, or inter18 preter services); 

19 ‘‘(B) community-based initiatives within 

20 the court system (such as court watch pro21 grams, victim assistants, or community-based 

22 supplementary services); 

23 ‘‘(C) offender management, monitoring, 

24 and accountability programs; 
38

•S 1197 IS 

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

4 ‘‘(E) education and outreach programs to 

5 improve community access, including enhanced 

6 access for racial and ethnic communities and 

7 underserved populations; and 

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

9 responses to domestic violence, dating violence, 

10 sexual assault, and stalking; and 

11 ‘‘(5) providing technical assistance to Federal, 

12 State, tribal, territorial, or local courts wishing to 

13 improve their practices and procedures or to develop 

14 new programs. 

15 ‘‘SEC. 41003. GRANT REQUIREMENTS. 

16 ‘‘Grants awarded under this subtitle shall be subject 

17 to the following conditions: 

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

19 may include—

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

21 local courts or court-based programs; and 

22 ‘‘(B) national, State, tribal, or local pri23 vate, nonprofit organizations with demonstrated 

24 expertise in developing and providing judicial 
39

•S 1197 IS 

1 education about domestic violence, dating vio2 lence, sexual assault, or stalking. 

3 ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligi4 ble for a grant under this section, applicants shall 

5 certify in writing that—

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

7 working directly with or making decisions about 

8 adult or minor parties experiencing domestic vi9 olence, dating violence, sexual assault, and 

10 stalking have completed or will complete edu11 cation about domestic violence, dating violence, 

12 sexual assault, and stalking; 

13 ‘‘(B) any education program developed 

14 under section 41002 has been or will be devel15 oped with significant input from and in collabo16 ration with a national, tribal, State, territorial, 

17 or local victim services provider or coalition; 

18 and 

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

20 policies, procedures, or rules do not require me21 diation or counseling between offenders and vic22 tims physically together in cases where domestic 

23 violence, dating violence, sexual assault, or 

24 stalking is an issue. 
40

•S 1197 IS 

1 ‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA. 

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

3 the Director of the Office on Violence Against Women, 

4 shall fund efforts to develop a national education cur5 riculum for use by State and national judicial educators 

6 to ensure that all courts and court personnel have access 

7 to information about relevant Federal, State, territorial, 

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

9 regarding court responses to adult and youth domestic vio10 lence, dating violence, sexual assault, and stalking. 

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

12 under this section—

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

14 having demonstrated expertise in developing judicial 

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

17 or 

18 ‘‘(2) if the primary grantee does not have dem19 onstrated expertise with such issues, shall be devel20 oped by the primary grantee in partnership with an 

21 organization having such expertise. 

22 ‘‘SEC. 41005. TRIBAL CURRICULA. 

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

24 the Office on Violence Against Women, shall fund efforts 

25 to develop education curricula for tribal court judges to 

26 ensure that all tribal courts have relevant information 
41

•S 1197 IS 

1 about promising practices, procedures, policies, and law 

2 regarding tribal court responses to adult and youth domes3 tic violence, dating violence, sexual assault, and stalking. 

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

5 under this section—

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

7 having demonstrated expertise in developing judicial 

8 education curricula on issues relating to domestic vi9 olence, dating violence, sexual assault, and stalking; 

10 and 

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

12 expertise, the curricula shall be developed by the pri13 mary grantee through partnership with organiza14 tions having such expertise. 

15 ‘‘SEC. 41006. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) IN GENERAL.—There is authorized to be appro17 priated to carry out this subtitle $5,000,000 for each of 

18 fiscal years 2006 to 2010. 

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

20 section shall remain available until expended and may only 

21 be used for the specific programs and activities described 

22 in this subtitle. 

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

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

25 percent shall be used for grants to tribes.’’. 
42

•S 1197 IS 

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, is 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) LIMITS ON INTERNET PUBLICATION OF PROTEC18 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

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

20 following: 

21 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF

22 REGISTRATION INFORMATION.—A State, Indian 

23 tribe, or territory shall not publish publicly on the 

24 Internet any information regarding the registration 

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

26 injunction in either the issuing or enforcing State, 
43

•S 1197 IS 

1 tribal or territorial jurisdiction, if such publication 

2 would be likely to publicly reveal the identity or loca3 tion of the party protected under such order. A 

4 State, Indian tribe, or territory may share court-gen5 erated and law enforcement-generated information 

6 contained in secure, governmental registries for pro7 tection order enforcement purposes.’’. 

8 (d) DEFINITIONS.—Section 2266 of title 18, United 

9 States Code, is amended—

10 (1) by striking paragraph (5) and inserting the 

11 following: 

12 ‘‘(5) PROTECTION ORDER.—The term ‘protec13 tion order’ includes—

14 ‘‘(A) any injunction, restraining order, or 

15 any other order issued by a civil or criminal 

16 court for the purpose of preventing violent or 

17 threatening acts or harassment against, sexual 

18 violence, or contact or communication with or 

19 physical proximity to, another person, including 

20 any temporary or final order issued by a civil 

21 or criminal court whether obtained by filing an 

22 independent action or as a pendente lite order 

23 in another proceeding so long as any civil or 

24 criminal order was issued in response to a com-
44

•S 1197 IS 

1 plaint, petition, or motion filed by or on behalf 

2 of a person seeking protection; and 

3 ‘‘(B) any support, child custody or visita4 tion provisions, orders, remedies or relief issued 

5 as part of a protection order, restraining order, 

6 or injunction pursuant to State, tribal, terri7 torial, or local law authorizing the issuance of 

8 protection orders, restraining orders, or injunc9 tions for the protection of victims of domestic 

10 violence, sexual assault, dating violence, or 

11 stalking.’’; and 

12 (2) in clauses (i) and (ii) of paragraph (7)(A), 

13 by striking ‘‘2261A, a spouse or former spouse of 

14 the abuser, a person who shares a child in common 

15 with the abuser, and a person who cohabits or has 

16 cohabited as a spouse with the abuser’’ and inserting 

17 ‘‘2261A—

18 ‘‘(I) a spouse or former spouse of 

19 the abuser, a person who shares a 

20 child in common with the abuser, and 

21 a person who cohabits or has 

22 cohabited as a spouse with the abuser; 

23 or 

24 ‘‘(II) a person who is or has been 

25 in a social relationship of a romantic 
45

•S 1197 IS 

1 or intimate nature with the victim, as 

2 determined by the length of the rela3 tionship, the type of relationship, and 

4 the frequency of interaction between 

5 the persons involved in the relation6 ship’’. 

7 SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES8 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

9 VIOLENCE, AND STALKING. 

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

11 1902 et seq.) is amended by adding at the end the fol12 lowing: 

13 ‘‘Subtitle K—Privacy Protections 

14 for Victims of Domestic Vio15 lence, Dating Violence, Sexual 

16 Violence, and Stalking 

17 ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CON18 FIDENTIALITY OF VICTIMS OF DOMESTIC VI19 OLENCE, DATING VIOLENCE, SEXUAL AS20 SAULT, AND STALKING. 

21 ‘‘The Attorney General, through the Director of the 

22 Office on Violence Against Women, may award grants 

23 under this subtitle to States, tribes, territories, or local 

24 agencies or nonprofit, nongovernmental organizations to 

25 ensure that personally identifying information of adult, 
46

•S 1197 IS 

1 youth, and child victims of domestic violence, sexual vio2 lence, stalking, and dating violence shall not be released 

3 or disclosed to the detriment of such victimized persons. 

4 ‘‘SEC. 41102. PURPOSE AREAS. 

5 ‘‘Grants made under this subtitle may be used—

6 ‘‘(1) to develop or improve protocols, proce7 dures, and policies for the purpose of preventing the 

8 release of personally identifying information of vic9 tims (such as developing alternative identifiers); 

10 ‘‘(2) to defray the costs of modifying or improv11 ing existing databases, registries, and victim notifi12 cation systems to ensure that personally identifying 

13 information of victims is protected from release, un14 authorized information sharing and disclosure; 

15 ‘‘(3) to develop confidential opt out systems 

16 that will enable victims of violence to make a single 

17 request to keep personally identifying information 

18 out of multiple databases, victim notification sys19 tems, and registries; or 

20 ‘‘(4) to develop safe uses of technology (such as 

21 notice requirements regarding electronic surveillance 

22 by government entities), to protect against abuses of 

23 technology (such as electronic or GPS stalking), or 

24 providing training for law enforcement on high tech 
47

•S 1197 IS 

1 electronic crimes of domestic violence, dating vio2 lence, sexual assault, and stalking. 

3 ‘‘SEC. 41103. ELIGIBLE ENTITIES. 

4 ‘‘Entities eligible for grants under this subtitle in5 clude—

6 ‘‘(1) jurisdictions or agencies within jurisdic7 tions having authority or responsibility for devel8 oping or maintaining public databases, registries or 

9 victim notification systems; 

10 ‘‘(2) nonprofit nongovernmental victim advocacy 

11 organizations having expertise regarding confiden12 tiality, privacy, and information technology and how 

13 these issues are likely to impact the safety of vic14 tims; 

15 ‘‘(3) States or State agencies; 

16 ‘‘(4) local governments or agencies; 

17 ‘‘(5) tribal governments, agencies, or organiza18 tions; 

19 ‘‘(6) territorial governments, agencies, or orga20 nizations; or 

21 ‘‘(7) nonprofit nongovernmental victim advocacy 

22 organizations, including statewide domestic violence 

23 and sexual assault coalitions. 
48

•S 1197 IS 

1 ‘‘SEC. 41104. GRANT CONDITIONS. 

2 ‘‘Applicants described in paragraphs (3) through (7) 

3 shall demonstrate that they have entered into a significant 

4 partnership with a State, tribal, territorial, or local victim 

5 service or advocacy organization in order to develop safe, 

6 confidential, and effective protocols, procedures, policies, 

7 and systems for protecting personally identifying informa8 tion of victims. 

9 ‘‘SEC. 41105. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘(a) IN GENERAL.—There is authorized to be appro11 priated to carry out this subtitle $5,000,000 for each of 

12 fiscal years 2006 through 2010. 

13 ‘‘(b) TRIBAL ALLOCATION.—Of the amount made 

14 available under this section in each fiscal year, 10 percent 

15 shall be used for grants for programs that assist victims 

16 of domestic violence, dating violence, stalking, and sexual 

17 assault on lands within the jurisdiction of an Indian tribe. 

18 ‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—Of 

19 the amount made available under this section in each fis20 cal year, not less than 5 percent shall be used for grants 

21 to organizations that have expertise in confidentiality, pri22 vacy, and technology issues impacting victims of domestic 

23 violence, dating violence, sexual assault, and stalking to 

24 provide technical assistance and training to grantees and 

25 non-grantees on how to improve safety, privacy, confiden26 tiality, and technology to protect victimized persons.’’. 
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•S 1197 IS 

1 SEC. 108. SEX OFFENDER MANAGEMENT. 

2 Section 40152 of the Violent Crime Control and Law 

3 Enforcement Act of 1994 (42 U.S.C. 13941) is amended 

4 by striking subsection (c) and inserting the following: 

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

6 are authorized to be appropriated to carry out this section 

7 $3,000,000 for each of fiscal years 2006 through 2010.’’. 

8 SEC. 109. STALKER DATABASE. 

9 Section 40603 of the Violence Against Women Act 

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

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

12 and 

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

14 SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZA15 TION. 

16 Section 40114 of the Violence Against Women Act 

17 of 1994 (Public Law 103–322) is amended to read as fol18 lows: 

19 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS20 SISTANTS. 

21 ‘‘There are authorized to be appropriated for the 

22 United States attorneys for the purpose of appointing vic23 tim assistants for the prosecution of sex crimes and do24 mestic violence crimes where applicable (such as the Dis25 trict of Columbia), $1,000,000 for each of fiscal years 

26 2006 through 2010.’’. 
50

•S 1197 IS 

1 SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PRO2 GRAMS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ACT OF TRAFFICKING.—The term ‘‘act of 

5 trafficking’’ means an act or practice described in 

6 paragraph (8) of section 103 of the Trafficking Vic7 tims Protection Act of 2000 (22 U.S.C. 7102). 

8 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means a State or a local government. 

10 (3) STATE.—The term ‘‘State’’ means any 

11 State of the United States, the District of Columbia, 

12 the Commonwealth of Puerto Rico, Guam, the 

13 United States Virgin Islands, the Commonwealth of 

14 the Northern Mariana Islands, American Samoa, 

15 and any other territory or possession of the United 

16 States. 

17 (4) VICTIM OF TRAFFICKING.—The term ‘‘vic18 tim of trafficking’’ means a person subjected to an 

19 act of trafficking. 

20 (b) GRANTS AUTHORIZED.—The Attorney General 

21 may award grants to eligible entities to provide training 

22 to State and local law enforcement personnel to identify 

23 and protect victims of trafficking. 

24 (c) USE OF FUNDS.—A grant awarded under this 

25 section shall be used to— 
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•S 1197 IS 

1 (1) train law enforcement personnel to identify 

2 and protect victims of trafficking, including training 

3 such personnel to utilize Federal, State, or local re4 sources to assist victims of trafficking; 

5 (2) train law enforcement or State or local 

6 prosecutors to identify, investigate, or prosecute acts 

7 of trafficking; or 

8 (3) train law enforcement or State or local 

9 prosecutors to utilize laws that prohibit acts of traf10 ficking and to assist in the development of State and 

11 local laws to prohibit acts of trafficking. 

12 (d) RESTRICTIONS.— 

13 (1) ADMINISTRATIVE EXPENSES.—An eligible 

14 entity that receives a grant under this section may 

15 use not more than 5 percent of the total amount of 

16 such grant for administrative expenses. 

17 (2) NONEXCLUSIVITY.—Nothing in this section 

18 may be construed to restrict the ability of an eligible 

19 entity to apply for or obtain funding from any other 

20 source to carry out the training described in sub21 section (c). 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated $10,000,000 for each 

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

25 provisions of this section. 
52

•S 1197 IS 

1 SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED 

2 SPECIAL ADVOCATE PROGRAM. 

3 (a) FINDINGS.—Section 215 of the Victims of Child 

4 Abuse Act of 1990 (42 U.S.C. 13011) is amended by 

5 striking paragraphs (1) and (2) and inserting the fol6 lowing: 

7 ‘‘(1) Court Appointed Special Advocates, who 

8 may serve as guardians ad litem, are trained volun9 teers appointed by courts to advocate for the best in10 terests of children who are involved in the juvenile 

11 and family court system due to abuse or neglect; 

12 ‘‘(2) the National Court Appointed Special Ad13 vocate Association maintains a system of account14 ability, including standards, quality assurance, train15 ing, and technical assistance for a network of 70,000 

16 volunteers in more than 850 programs operating in 

17 49 States, the District of Columbia, and the Virgin 

18 Islands; and 

19 ‘‘(3) in 2003, Court Appointed Special Advo20 cate volunteers represented 288,000 children, more 

21 than 50 percent of the estimated 540,000 children 

22 in foster care because of substantiated cases of child 

23 abuse or neglect.’’. 

24 (b) IMPLEMENTATION DATE.—Section 216 of the 

25 Victims of Child Abuse Act of 1990 (42 U.S.C. 13012) 
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•S 1197 IS 

1 is amended by striking ‘‘January 1, 1995’’ and inserting 

2 ‘‘January 1, 2010’’. 

3 (c) CLARIFICATION OF PROGRAM GOALS.—Section 

4 217 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 

5 13013) is amended— 

6 (1) in subsection (a), by striking ‘‘to expand’’ 

7 and inserting ‘‘to initiate, sustain, and expand’’; 

8 (2) subsection (b)— 

9 (A) in paragraph (1), by striking ‘‘to ini10 tiate or expand’’ and inserting ‘‘to initiate, sus11 tain, and expand’’; and 

12 (B) in paragraph (2), by— 

13 (i) striking ‘‘(1)(a)’’ and inserting 

14 ‘‘(1)(A)’’; and 

15 (ii) striking ‘‘to initiate and to ex16 pand’’ and inserting ‘‘to initiate, sustain, 

17 and expand’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(d) BACKGROUND CHECKS.—State and local Court 

20 Appointed Special Advocate programs are authorized to 

21 request criminal background checks from the Federal Bu22 reau of Investigation National Crime Information Center 

23 for prospective volunteers. The requesting program is re24 sponsible for the reasonable costs associated with the Fed25 eral records check.’’. 
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•S 1197 IS 

1 (d) REAUTHORIZATION.—Section 218 of the Victims 

2 of Child Abuse Act of 1990 (42 U.S.C. 13014) is amended 

3 by striking subsection (a) and inserting the following: 

4 ‘‘(a) AUTHORIZATION.—There is authorized to be ap5 propriated to carry out this subtitle $17,000,000 for each 

6 of fiscal years 2006 through 2010.’’. 

7 SEC. 113. PREVENTING CYBERSTALKING. 

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

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

10 is amended— 

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

12 the end; 

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

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

15 (3) by adding at the end the following new sub16 paragraph: 

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

18 subsection (a)(1), includes any device or soft19 ware that can be used to originate telecommuni20 cations or other types of communications that 

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

22 Internet (as such term is defined in section 

23 1104 of the Internet Tax Freedom Act (47 

24 U.S.C. 151 note)).’’. 
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•S 1197 IS 

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

2 amendment made by this section may not be construed 

3 to affect the meaning given the term ‘‘telecommunications 

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

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

6 this section. 

7 SEC. 114. CRIMINAL PROVISION RELATING TO STALKING. 

8 (a) INTERSTATE STALKING.—Section 2261A of title 

9 18, United States Code, is amended to read as follows: 

10 ‘‘§ 2261A. Stalking 

11 ‘‘Whoever— 

12 ‘‘(1) travels in interstate or foreign commerce 

13 or within the special maritime and territorial juris14 diction of the United States, or enters or leaves In15 dian country, with the intent to kill, injure, harass, 

16 place under surveillance, or intimidate another per17 son, and in the course of, or as a result of, such 

18 travel places that person in reasonable fear of the 

19 death of, or serious bodily injury to, or causes sub20 stantial emotional harm to that person, a member of 

21 the immediate family (as defined in section 115) of 

22 that person, or the spouse or intimate partner of 

23 that person; or 

24 ‘‘(2) with the intent—
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•S 1197 IS 

1 ‘‘(A) to kill, injure, harass, place under 

2 surveillance, intimidate, or cause substantial 

3 emotional harm to a person in another State or 

4 tribal jurisdiction or within the special maritime 

5 and territorial jurisdiction of the United States; 

6 or 

7 ‘‘(B) to place a person in another State or 

8 tribal jurisdiction, or within the special mari9 time and territorial jurisdiction of the United 

10 States, in reasonable fear of the death of, or se11 rious bodily injury to—

12 ‘‘(i) that person; 

13 ‘‘(ii) a member of the immediate fam14 ily (as defined in section 115 of that per15 son; or 

16 ‘‘(iii) a spouse or intimate partner of 

17 that person; 

18 uses the mail or any facility of interstate or foreign 

19 commerce to engage in a course of conduct that 

20 causes substantial emotional harm to that person or 

21 places that person in reasonable fear of the death of, 

22 or serious bodily injury to, any of the persons de23 scribed in clauses (i) through (iii) of subparagraph 

24 (B); 
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•S 1197 IS 

1 shall be punished as provided in section 2261(b) of this 

2 title.’’. 

3 SEC. 115. REPEAT OFFENDER PROVISION. 

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

5 amended by adding after section 2265 the following: 

6 ‘‘§ 2265A. Repeat offender provision 

7 ‘‘The maximum term of imprisonment for a violation 

8 of this chapter after a prior interstate domestic violence 

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

10 of protection order (as defined in section 2262) or inter11 state stalking (as defined in sections 2261A(a) and 

12 2261A(b)) may be twice the term otherwise provided for 

13 the violation.’’. 

14 SEC. 116. PROHIBITING DATING VIOLENCE. 

15 (a) IN GENERAL.—Section 2261(a) of title 18, 

16 United States Code, is amended— 

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

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

19 partner’’; and 

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

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

22 partner’’. 

23 (b) DEFINITION.—Section 2266 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 
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•S 1197 IS 

1 ‘‘(10) DATING PARTNER.—The term ‘dating 

2 partner’ refers to person who is or has been in a so3 cial relationship of a romantic or intimate nature 

4 with the abuser and the existence of such a relation5 ship based on a consideration of— 

6 ‘‘(A) the length of the relationship; and 

7 ‘‘(B) the type of relationship; and 

8 ‘‘(C) the frequency of interaction between 

9 the persons involved in the relationship.’’. 

10 SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME 

11 AND TERRITORIAL JURISDICTION. 

12 (a) DOMESTIC VIOLENCE.—Section 2261(a)(1) of 

13 title 18, United States Code, is amended by inserting after 

14 ‘‘Indian country’’ the following: ‘‘or within the special 

15 maritime and territorial jurisdiction of the United States’’. 

16 (b) PROTECTION ORDER.—Section 2262(a)(1) of 

17 title 18, United States Code, is amended by inserting after 

18 ‘‘Indian country’’ the following: ‘‘or within the special 

19 maritime and territorial jurisdiction of the United States’’.
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•S 1197 IS 

1 TITLE II—IMPROVING SERVICES 

2 FOR VICTIMS OF DOMESTIC 

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT, 

5 AND STALKING 

6 SEC. 201. FINDINGS. 

7 Congress finds the following: 

(1) Nearly 1 8 ⁄3 of American women report phys9 ical or sexual abuse by a husband or boyfriend at 

10 some point in their lives. 

11 (2) According to the National Crime Victimiza12 tion Survey, 248,000 Americans 12 years of age and 

13 older were raped or sexually assaulted in 2002. 

14 (3) Rape and sexual assault in the United 

15 States is estimated to cost $127,000,000,000 per 

16 year, including—

17 (A) lost productivity; 

18 (B) medical and mental health care; 

19 (C) police and fire services; 

20 (D) social services; 

21 (E) loss of and damage to property; and 

22 (F) reduced quality of life. 

23 (4) Nonreporting of sexual assault in rural 

24 areas is a particular problem because of the high 

25 rate of nonstranger sexual assault. 
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•S 1197 IS 

1 (5) Geographic isolation often compound the 

2 problems facing sexual assault victims. The lack of 

3 anonymity and accessible support services can limit 

4 opportunities for justice for victims. 

5 (6) Domestic elder abuse is primarily family 

6 abuse. The National Elder Abuse Incidence Study 

7 found that the perpetrator was a family member in 

8 90 percent of cases. 

9 (7) Barriers for older victims leaving abusive 

10 relationships include—

11 (A) the inability to support themselves; 

12 (B) poor health that increases their de13 pendence on the abuser; 

14 (C) fear of being placed in a nursing home; 

15 and 

16 (D) ineffective responses by domestic 

17 abuse programs and law enforcement. 

18 (8) Disabled women comprise another vulner19 able population with unmet needs. Women with dis20 abilities are more likely to be the victims of abuse 

21 and violence than women without disabilities because 

22 of their increased physical, economic, social, or psy23 chological dependence on others. 

24 (9) Many women with disabilities also fail to re25 port the abuse, since they are dependent on their 
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•S 1197 IS 

1 abusers and fear being abandoned or institutional2 ized. 

3 (10) Of the 598 battered women’s programs 

4 surveyed—

5 (A) only 35 percent of these programs of6 fered disability awareness training for their 

7 staff; and 

8 (B) only 16 percent dedicated a staff mem9 ber to provide services to women with disabil10 ities. 

11 (11) Problems of domestic violence are exacer12 bated for immigrants when spouses control the im13 migration status of their family members, and abus14 ers use threats of refusal to file immigration papers 

15 and threats to deport spouses and children as power16 ful tools to prevent battered immigrant women from 

17 seeking help, trapping battered immigrant women in 

18 violent homes because of fear of deportation. 

19 (12) Battered immigrant women who attempt 

20 to flee abusive relationships may not have access to 

21 bilingual shelters or bilingual professionals, and face 

22 restrictions on public or financial assistance. They 

23 may also lack assistance of a certified interpreter in 

24 court, when reporting complaints to the police or a 
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•S 1197 IS 

1 9-1-1 operator, or even in acquiring information 

2 about their rights and the legal system. 

3 (13) More than 500 men and women call the 

4 National Domestic Violence Hotline every day to get 

5 immediate, informed, and confidential assistance to 

6 help deal with family violence. 

7 (14) The National Domestic Violence Hotline 

8 service is available, toll-free, 24 hours a day and 7 

9 days a week, with bilingual staff, access to trans10 lators in 150 languages, and a TTY line for the 

11 hearing-impaired. 

12 (15) With access to over 5,000 shelters and 

13 service providers across the United States, Puerto 

14 Rico, and the United States Virgin Islands, the Na15 tional Domestic Violence Hotline provides crisis 

16 intervention and immediately connects callers with 

17 sources of help in their local community. 

18 (16) Approximately 60 percent of the callers in19 dicate that calling the Hotline is their first attempt 

20 to address a domestic violence situation and that 

21 they have not called the police or any other support 

22 services. 

23 (17) Between 2000 and 2003, there was a 27 

24 percent increase in call volume at the National Do25 mestic Violence Hotline. 
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1 (18) Improving technology infrastructure at the 

2 National Domestic Violence Hotline and training ad3 vocates, volunteers, and other staff on upgraded 

4 technology will drastically increase the Hotline’s 

5 ability to answer more calls quickly and effectively. 

6 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. 

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

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

9 amended by inserting after section 2012, as added by this 

10 Act, the following: 

11 ‘‘SEC. 2013. SEXUAL ASSAULT SERVICES. 

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

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

14 providing intervention, advocacy, accompaniment, 

15 support services, and related assistance for—

16 ‘‘(A) adult, youth, and child victims of sex17 ual assault; 

18 ‘‘(B) family and household members of 

19 such victims; and 

20 ‘‘(C) those collaterally affected by the vic21 timization, except for the perpetrator of such 

22 victimization; 

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

24 training relating to sexual assault to—
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•S 1197 IS 

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

2 local governments, law enforcement agencies, 

3 and courts; 

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

5 service, and health care settings; 

6 ‘‘(C) nonprofit organizations; 

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

8 ‘‘(E) other individuals and organizations 

9 seeking such assistance. 

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

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

12 General shall award grants to States and territories 

13 to support the establishment, maintenance, and ex14 pansion of rape crisis centers and other programs 

15 and projects to assist those victimized by sexual as16 sault. 

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

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

19 than 5 percent of the grant funds received by 

20 a State or territory governmental agency under 

21 this subsection for any fiscal year may be used 

22 for administrative costs. 

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

24 by a State or territory under this subsection 

25 that are not used for administrative costs shall 
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•S 1197 IS 

1 be used to provide grants to rape crisis centers 

2 and other nonprofit, nongovernmental organiza3 tions for programs and activities within such 

4 State or territory that provide direct interven5 tion and related assistance. 

6 ‘‘(C) INTERVENTION AND RELATED AS7 SISTANCE.—Intervention and related assistance 

8 under subparagraph (B) may include—

9 ‘‘(i) 24 hour hotline services providing 

10 crisis intervention services and referral; 

11 ‘‘(ii) accompaniment and advocacy 

12 through medical, criminal justice, and so13 cial support systems, including medical fa14 cilities, police, and court proceedings; 

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

16 individual and group support services, and 

17 comprehensive service coordination and su18 pervision to assist sexual assault victims 

19 and family or household members; 

20 ‘‘(iv) information and referral to as21 sist the sexual assault victim and family or 

22 household members; 

23 ‘‘(v) community-based, linguistically 

24 and culturally specific services and support 

25 mechanisms, including outreach activities 
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•S 1197 IS 

1 for racial and ethnic, and other under2 served communities; and 

3 ‘‘(vi) the development and distribution 

4 of materials on issues related to the serv5 ices described in clauses (i) through (v). 

6 ‘‘(3) APPLICATION.—

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

8 desiring a grant under this subsection shall 

9 submit an application to the Attorney General 

10 at such time and in such manner as the Attor11 ney General may reasonably require. 

12 ‘‘(B) CONTENTS.—Each application sub13 mitted under subparagraph (A) shall—

14 ‘‘(i) set forth procedures designed to 

15 assure meaningful involvement of the State 

16 or territorial sexual assault coalition and 

17 representatives from racial and ethnic and 

18 other underserved communities in the de19 velopment of the application and the imple20 mentation of the plans; 

21 ‘‘(ii) set forth procedures designed to 

22 ensure an equitable distribution of grants 

23 and grant funds within the State or terri24 tory and between urban and rural areas 

25 within such State or territory; 
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•S 1197 IS 

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) MINIMUM AMOUNT.—The Attorney Gen9 eral shall allocate to each State not less than 0.50 

10 percent of the total amount appropriated in a fiscal 

11 year for grants under this section, except that the 

12 United States Virgin Islands, American Samoa, 

13 Guam, the District of Columbia, Puerto Rico, and 

14 the Commonwealth of the Northern Mariana Islands 

15 shall each be allocated 0.125 percent of the total ap16 propriations. 

17 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

18 ADDRESSING SEXUAL ASSAULT.—

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

20 General shall award grants to eligible entities to 

21 support the establishment, maintenance, and expan22 sion of culturally specific intervention and related 

23 assistance for victims of sexual assault. 

24 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re25 ceive a grant under this section, an entity shall—
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•S 1197 IS 

1 ‘‘(A) be a private nonprofit organization 

2 that focuses primarily on racial and ethnic com3 munities; 

4 ‘‘(B) must have documented organizational 

5 experience in the area of sexual assault inter6 vention or have entered into a partnership with 

7 an organization having such expertise; 

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

9 community-based, linguistically and culturally 

10 specific outreach and intervention services rel11 evant for the specific racial and ethnic commu12 nities to whom assistance would be provided or 

13 have the capacity to link to existing services in 

14 the community tailored to the needs of racial 

15 and ethnic populations; and 

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

17 committee and staffing which is reflective of the 

18 targeted racial and ethnic community. 

19 ‘‘(3) AWARD BASIS.—The Attorney General 

20 shall award grants under this section on a competi21 tive basis. 

22 ‘‘(4) DISTRIBUTION.—

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

24 more than 2.5 percent of funds appropriated 

25 under this subsection in any year for adminis-
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•S 1197 IS 

1 tration, monitoring, and evaluation of grants 

2 made available under this subsection. 

3 ‘‘(B) Up to 5 percent of funds appro4 priated under this section in any year shall be 

5 available for technical assistance by a national, 

6 nonprofit, nongovernmental organization or or7 ganizations whose primary focus and expertise 

8 is in addressing sexual assault within racial and 

9 ethnic communities. 

10 ‘‘(5) TERM.—The Attorney General shall make 

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

12 2 fiscal years. 

13 ‘‘(6) REPORTING.—Each entity receiving a 

14 grant under this subsection shall submit a report to 

15 the Attorney General that describes the activities out 

16 with such grant funds. 

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

18 SEXUAL ASSAULT COALITIONS.—

19 ‘‘(1) GRANTS AUTHORIZED.—

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

21 shall award grants to State, territorial, and 

22 tribal sexual assault coalitions to assist in sup23 porting the establishment, maintenance, and ex24 pansion of such coalitions. 
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1 ‘‘(B) MINIMUM AMOUNT.—Not less than 

2 10 percent of the total amount appropriated to 

3 carry out this section shall be used for grants 

4 under subparagraph (A). 

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

6 State, territorial, and tribal sexual assault coali7 tions. 

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

9 under this subsection may be used to—

10 ‘‘(A) work with local sexual assault pro11 grams and other providers of direct services to 

12 encourage appropriate responses to sexual as13 sault within the State, territory, or tribe; 

14 ‘‘(B) work with judicial and law enforce15 ment agencies to encourage appropriate re16 sponses to sexual assault cases; 

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

18 services agencies, and children’s advocates to 

19 develop appropriate responses to child custody 

20 and visitation issues when sexual assault has 

21 been determined to be a factor; 

22 ‘‘(D) design and conduct public education 

23 campaigns; 
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•S 1197 IS 

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

2 grants and grant funds to their State, territory, 

3 or tribe; or 

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

5 State, or local public officials and agencies to 

6 develop and implement policies to reduce or 

7 eliminate sexual assault. 

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

9 amounts appropriated for grants under this sub10 section for each fiscal year—

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

12 shall be available for grants to tribal sexual as13 sault coalitions; 

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

15 for grants to State and territorial coalitions, 

16 and the Attorney General shall allocate an 

amount equal to 1 17 ⁄56 of the amounts so appro18 priated to each of those States and territorial 

19 coalitions. 

20 ‘‘(4) APPLICATION.—Each eligible entity desir21 ing a grant under this subsection shall submit an 

22 application to the Attorney General at such time, in 

23 such manner, and containing such information as 

24 the Attorney General determines to be essential to 

25 carry out the purposes of this section. 
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•S 1197 IS 

1 ‘‘(5) FIRST-TIME APPLICANTS.—No entity shall 

2 be prohibited from submitting an application under 

3 this subsection during any fiscal year for which 

4 funds are available under this subsection because 

5 such entity has not previously applied or received 

6 funding under this subsection. 

7 ‘‘(e) GRANTS TO TRIBES.—

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

9 General may award grants to Indian tribes, tribal 

10 organizations, and nonprofit tribal organizations for 

11 the operation of a sexual assault programs or 

12 projects in Indian country and Alaskan native vil13 lages to support the establishment, maintenance, 

14 and expansion of programs and projects to assist 

15 those victimized by sexual assault. 

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

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

18 than 5 percent of the grant funds received by 

19 an Indian tribe, tribal organization, and non20 profit tribal organization under this subsection 

21 for any fiscal year may be used for administra22 tive costs. 

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

24 under this subsection that are not used for ad25 ministrative costs shall be used to provide 
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•S 1197 IS 

1 grants to tribal organizations and nonprofit 

2 tribal organizations for programs and activities 

3 within Indian country and Alaskan native vil4 lages that provide direct intervention and re5 lated assistance. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

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

8 appropriated $50,000,000 for each of the fiscal 

9 years 2006 through 2010 to carry out the provisions 

10 of this section. 

11 ‘‘(2) ALLOCATIONS.—Of the total amounts ap12 propriated for each fiscal year to carry out this sec13 tion—

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

15 used by the Attorney General for evaluation, 

16 monitoring, and other administrative costs 

17 under this section; 

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

19 used for the provision of technical assistance to 

20 grantees and subgrantees under this section; 

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

22 for grants to States and territories under sub23 section (b); 

24 ‘‘(D) not less than 7 percent shall be used 

25 for making grants to State, territorial, and trib-
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•S 1197 IS 

1 al sexual assault coalitions under subsection 

2 (d); 

3 ‘‘(E) not less than 7 percent shall be used 

4 for grants to tribes under subsection (c); and 

5 ‘‘(F) not less than 7 percent shall be used 

6 for grants for culturally specific programs ad7 dressing sexual assault under subsection (c).’’. 

8 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO9 LENCE AND CHILD ABUSE ENFORCEMENT AS10 SISTANCE PROGRAM. 

11 Section 40295 of the Safe Homes for Women Act of 

12 1994 (42 U.S.C. 13971) is amended to read as follows: 

13 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO14 LENCE, SEXUAL ASSAULT, STALKING, AND 

15 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

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

17 ‘‘(1) to identify, assess, and appropriately re18 spond to child, youth, and adult victims of domestic 

19 violence, sexual assault, dating violence, and stalking 

20 in rural communities, by encouraging collaboration 

21 among—

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

23 sexual assault, and stalking victim service pro24 viders; 

25 ‘‘(B) law enforcement agencies; 
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1 ‘‘(C) prosecutors; 

2 ‘‘(D) courts; 

3 ‘‘(E) other criminal justice service pro4 viders; 

5 ‘‘(F) human and community service pro6 viders; 

7 ‘‘(G) educational institutions; and 

8 ‘‘(H) health care providers; 

9 ‘‘(2) to establish and expand nonprofit, non10 governmental, State, tribal, territorial, and local gov11 ernment victim services in rural communities to 

12 child, youth, and adult victims; and 

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

14 women and children in rural communities, by—

15 ‘‘(A) dealing directly and immediately with 

16 domestic violence, sexual assault, dating vio17 lence, and stalking occurring in rural commu18 nities; and 

19 ‘‘(B) creating and implementing strategies 

20 to increase awareness and prevent domestic vio21 lence, sexual assault, dating violence, and stalk22 ing. 

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

24 acting through the Director of the Office on Violence 

25 Against Women (referred to in this section as the ‘Direc-
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•S 1197 IS 

1 tor’), may award grants to States, Indian tribes, local gov2 ernments, and nonprofit, public or private entities, includ3 ing tribal nonprofit organizations, to carry out programs 

4 serving rural areas or rural communities that address do5 mestic violence, dating violence, sexual assault, and stalk6 ing by—

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

8 cooperative efforts and projects among law enforce9 ment officers, prosecutors, victim advocacy groups, 

10 and other related parties to investigate and pros11 ecute incidents of domestic violence, dating violence, 

12 sexual assault, and stalking; 

13 ‘‘(2) providing treatment, counseling, advocacy, 

14 and other long- and short-term assistance to adult 

15 and minor victims of domestic violence, dating vio16 lence, sexual assault, and stalking in rural commu17 nities; and 

18 ‘‘(3) working in cooperation with the commu19 nity to develop education and prevention strategies 

20 directed toward such issues. 

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

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

23 activities expressly described in subsection (a). 

24 ‘‘(d) ALLOTMENTS AND PRIORITIES.—
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1 ‘‘(1) ALLOTMENT FOR INDIAN TRIBES.—Not 

2 less than 10 percent of the total amount made avail3 able for each fiscal year to carry out this section 

4 shall be allocated for grants to Indian tribes or trib5 al organizations. 

6 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV7 ICES.—Not less than 25 percent of the total amount 

8 made available for each fiscal year to carry out this 

9 section shall be allocated for grants that meaning10 fully address sexual assault in rural communities. 

11 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSIST12 ANCE.—Of the amounts appropriated for each fiscal 

13 year to carry out this section, not more than 8 per14 cent may be used by the Director for technical as15 sistance costs. 

16 ‘‘(4) UNDERSERVED POPULATIONS.—In award17 ing grants under this section, the Director shall give 

18 priority to racial, ethnic, and other underserved pop19 ulations. 

20 ‘‘(5) ALLOCATION OF FUNDS FOR RURAL

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

22 amount made available for each fiscal year to carry 

23 out this section shall be allocated to eligible entities 

24 located in rural States. 

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

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

3 years 2006 through 2010 to carry out this section. 

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

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

6 a law enforcement agency may use funds received 

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

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

10 of this section.’’. 

11 SEC. 204. TRAINING AND SERVICES TO END VIOLENCE 

12 AGAINST WOMEN WITH DISABILITIES. 

13 (a) IN GENERAL.—Section 1402 of the Violence 

14 Against Women Act of 2000 (42 U.S.C. 3796gg–7) is 

15 amended to read as follows: 

16 ‘‘SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERV17 ICES TO END VIOLENCE AGAINST AND ABUSE 

18 OF WOMEN WITH DISABILITIES. 

19 ‘‘(a) IN GENERAL.—The Attorney General, in con20 sultation with the Secretary of Health and Human Serv21 ices, may award grants to eligible entities—

22 ‘‘(1) 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 

3 ‘‘(2) to enhance direct services to such individ4 uals. 

5 ‘‘(b) USE OF FUNDS.—Grants awarded under this 

6 section shall be used—

7 ‘‘(1) to provide personnel, training, technical 

8 assistance, advocacy, intervention, risk reduction and 

9 prevention of domestic violence, dating violence, 

10 stalking, and sexual assault against disabled women 

11 and girls; 

12 ‘‘(2) to conduct outreach activities to ensure 

13 that disabled women and girls who are victims of do14 mestic violence, dating violence, stalking, or sexual 

15 assault receive appropriate assistance; 

16 ‘‘(3) to conduct cross-training for victim service 

17 organizations, governmental agencies, courts, law en18 forcement, and nonprofit, nongovernmental organi19 zations serving individuals with disabilities about 

20 risk reduction, intervention, prevention and the na21 ture of domestic violence, dating violence, stalking, 

22 and sexual assault for disabled women and girls; 

23 ‘‘(4) to provide technical assistance to assist 

24 with modifications to existing policies, protocols, and 

25 procedures to ensure equal access to the services, 
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1 programs, and activities of victim service organiza2 tions for disabled women and girls; 

3 ‘‘(5) to provide training and technical assist4 ance on the requirements of shelters and victim serv5 ices organizations under Federal antidiscrimination 

6 laws, including—

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

8 1990; and 

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

10 of 1973; 

11 ‘‘(6) to rehabilitate facilities, purchase equip12 ment, and provide personnel so that shelters and vic13 tim service organizations can accommodate the 

14 needs of disabled women and girls; 

15 ‘‘(7) to provide advocacy and intervention serv16 ices for disabled women and girls who are victims of 

17 domestic violence, dating violence, stalking, or sexual 

18 assault; or 

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

21 serving disabled women and girls who are victims of 

22 domestic violence, dating violence, sexual assault, or 

23 stalking. 

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

2 to receive a grant under this section if the entity 

3 is—

4 ‘‘(A) a State; 

5 ‘‘(B) a unit of local government; 

6 ‘‘(C) an Indian tribal government or tribal 

7 organization; or 

8 ‘‘(D) a nonprofit and nongovernmental vic9 tim services organization, such as a State do10 mestic violence or sexual assault coalition or a 

11 nonprofit, nongovernmental organization serv12 ing disabled women and girls. 

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

14 purpose described in subsection (b)(8) shall only be 

15 awarded to an eligible agency (as defined in section 

16 410 of the Rehabilitation Act of 1973 (29 U.S.C. 

17 796f–5). 

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

19 grants under this section, the Director shall ensure that 

20 the needs of underserved populations are being addressed. 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $10,000,000 for each 

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

24 section.’’. 
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1 SEC. 205. TRAINING AND SERVICES TO END VIOLENCE 

2 AGAINST WOMEN IN LATER LIFE. 

3 (a) TRAINING PROGRAMS.—Section 40802 of the Vi4 olence Against Women Act of 1994 (42 U.S.C. 14041a) 

5 is amended to read as follows: 

6 ‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES TO END 

7 VIOLENCE AGAINST AND ABUSE OF WOMEN 

8 LATER IN LIFE. 

9 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General, 

10 through the Director of the Office on Violence Against 

11 Women, may award grants, which may be used for—

12 ‘‘(1) training programs to assist law enforce13 ment, prosecutors, governmental agencies, victim as14 sistants, and relevant officers of Federal, State, trib15 al, territorial, and local courts in recognizing, ad16 dressing, investigating, and prosecuting instances of 

17 elder abuse, neglect and exploitation, including do18 mestic violence or sexual assault, against victims 

19 who are 60 years of age or older; 

20 ‘‘(2) providing or enhancing services for victims 

21 of elder abuse, neglect, and exploitation, including 

22 domestic and sexual violence, who are 60 years of 

23 age or older; 

24 ‘‘(3) increasing the physical accessibility of 

25 buildings in which services are or will be rendered 

26 for victims of elder abuse, neglect, and exploitation, 
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1 including domestic and sexual violence, who are 60 

2 years of age or older; 

3 ‘‘(4) creating or supporting multidisciplinary 

4 collaborative community responses to victims of elder 

5 abuse, neglect, and exploitation, including domestic 

6 and sexual violence, who are 60 years of age or 

7 older; and 

8 ‘‘(5) conducting cross-training for victim service 

9 organizations, governmental agencies, courts, law en10 forcement, and nonprofit, nongovernmental organi11 zations serving victims of domestic and sexual abuse 

12 who are 60 years of age or older. 

13 ‘‘(b) ELIGIBLE ENTITIES.—An entity shall be eligible 

14 to receive a grant under this section if the entity is—

15 ‘‘(1) a State; 

16 ‘‘(2) a unit of local government; 

17 ‘‘(3) an Indian tribal government or tribal orga18 nization; or 

19 ‘‘(4) a nonprofit and nongovernmental victim 

20 services organization with demonstrated experience 

21 in assisting elderly women or demonstrated experi22 ence in addressing domestic violence or sexual as23 sault.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 40803 of the Violence Against Women Act of 1994 (42 
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•S 1197 IS 

1 U.S.C. 14041b) is amended by striking ‘‘$5,000,000 for 

2 each of fiscal years 2001 through 2005’’ and inserting 

3 ‘‘$10,000,000 for each of the fiscal years 2006 through 

4 2010’’. 

5 SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIO6 LENCE HOTLINE. 

7 Section 316 of the Family Violence Prevention and 

8 Services Act (42 U.S.C. 10416) is amended—

9 (1) in subsection (d), by adding at the end the 

10 following: 

11 ‘‘(5) provide technology and telecommunication 

12 training and assistance for advocates, volunteers, 

13 staff, and others affiliated with the hotline so that 

14 such persons are able to effectively use improved 

15 equipment made available through the Connections 

16 Campaign.’’; and 

17 (2) in subsection (g)—

18 (A) in paragraph (1), by striking 

19 ‘‘$3,500,000’’ and all that follows and inserting 

20 ‘‘$5,000,000 for each of fiscal years 2006 

21 through 2010.’’; 

22 (B) by striking paragraph (2); and 

23 (C) by redesignating paragraph (3) as 

24 paragraph (2). 
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1 TITLE III—SERVICES, PROTEC2 TION, AND JUSTICE FOR 

3 YOUNG VICTIMS OF VIO4 LENCE 

5 SEC. 301. FINDINGS. 

6 Congress finds the following: 

7 (1) Youth, under the age of 18, account for 67 

8 percent of all sexual assault victimizations reported 

9 to law enforcement officials. 

10 (2) The Department of Justice consistently 

11 finds that young women between the ages of 16 and 

12 24 experience the highest rate of non-fatal intimate 

13 partner violence. 

14 (3) In 1 year, over 4,000 incidents of rape or 

15 sexual assault occurred in public schools across the 

16 country. 

17 (4) Young people experience particular obsta18 cles to seeking help. They often do not have access 

19 to money, transportation, or shelter services. They 

20 must overcome issues such as distrust of adults, lack 

21 of knowledge about available resources, or pressure 

22 from peers and parents. 

23 (5) A needs assessment on teen relationship 

24 abuse for the State of California, funded by the Cali25 fornia Department of Health Services, identified a 
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1 desire for confidentiality and confusion about the 

2 law as 2 of the most significant barriers to young 

3 victims of domestic and dating violence seeking help. 

4 (6) Only one State specifically allows for minors 

5 to petition the court for protection orders. 

6 (7) Many youth are involved in dating relation7 ships, and these relationships can include the same 

8 kind of domestic violence and dating violence seen in 

9 the adult population. In fact, more than 40 percent 

10 of all incidents of domestic violence involve people 

11 who are not married. 

12 (8) 40 percent of girls ages 14 to 17 report 

13 knowing someone their age who has been hit or 

14 beaten by a boyfriend, and 13 percent of college 

15 women report being stalked. 

16 (9) Of college women who said they had been 

17 the victims of rape or attempted rape, 12.8 percent 

18 of completed rapes, 35 percent of attempted rapes, 

19 and 22.9 percent of threatened rapes took place on 

20 a date. Almost 60 percent of the completed rapes 

21 that occurred on campus took place in the victim’s 

22 residence. 

23 (10) According to a 3-year study of student24 athletes at 10 Division I universities, male athletes 

25 made up only 3.3 percent of the general male uni-
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1 versity population, but they accounted for 19 percent 

2 of the students reported for sexual assault and 35 

3 percent of domestic violence perpetrators. 

4 SEC. 302. RAPE PREVENTION AND EDUCATION. 

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

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

7 read as follows: 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

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

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

11 for each of fiscal years 2006 through 2010. 

12 ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE

13 CENTER ALLOTMENT.—Of the total amount made 

14 available under this subsection in each fiscal year, 

15 not less than $1,500,000 shall be available for allot16 ment under subsection (b).’’. 

17 SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUS18 TICE FOR YOUNG VICTIMS OF VIOLENCE. 

19 The Violence Against Women Act of 1994 (Public 

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

21 at the end the following: 
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1 ‘‘Subtitle L—Services, Education, 

2 Protection and Justice for 

3 Young Victims of Violence 

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

5 TO TEENS. 

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

7 Department of Health and Human Services (in this sec8 tion referred to as the ‘Secretary’), acting through the 

9 Family and Youth Services Bureau, in consultation with 

10 the Department of Justice, shall award grants to eligible 

11 entities to conduct programs to serve victims of domestic 

12 violence, dating violence, sexual assault, and stalking who 

13 are between the ages of 12 and 24. Amounts appropriated 

14 under this section may only be used for programs and ac15 tivities described under subsection (c). 

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

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

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

19 primary purpose of which is to provide services to 

20 teen and young adult victims of domestic violence, 

21 dating violence, sexual assault, or stalking; 

22 ‘‘(2) a community-based organization special23 izing in intervention or violence prevention services 

24 for youth; 
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1 ‘‘(3) an Indian Tribe or tribal organization pro2 viding services primarily to tribal youth or tribal vic3 tims of domestic violence, dating violence, sexual as4 sault or stalking; or 

5 ‘‘(4) a nonprofit, nongovernmental entity pro6 viding services for runaway or homeless youth af7 fected by domestic or sexual abuse. 

8 ‘‘(c) USE OF FUNDS.—

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

10 grant under this section shall use amounts provided 

11 under the grant to design or replicate, and imple12 ment, programs and services, using domestic vio13 lence, dating violence, sexual assault, and stalking 

14 intervention models to respond to the needs of youth 

15 who are victims of domestic violence, dating violence, 

16 sexual assault or stalking. 

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

18 ‘‘(A) shall provide direct counseling and 

19 advocacy for teens and young adults, who have 

20 experienced domestic violence, dating violence, 

21 sexual assault or stalking; 

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

23 and community relevant services for racial, eth24 nic, and other underserved populations or link-
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1 ages to existing services in the community tai2 lored to the needs of underserved populations; 

3 ‘‘(C) may include mental health services 

4 for teens and young adults who have experi5 enced domestic violence, dating violence, sexual 

6 assault, or stalking; 

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

8 behalf of minors and young adults with respect 

9 to domestic violence, dating violence, sexual as10 sault or stalking; 

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

12 agencies to develop and implement policies, 

13 rules, and procedures in order to reduce or 

14 eliminate domestic violence, dating violence, 

15 sexual assault, and stalking against youth and 

16 young adults; and 

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

18 the grant funds to provide additional services 

19 and resources for youth, including childcare, 

20 transportation, educational support, and respite 

21 care. 

22 ‘‘(d) AWARDS BASIS.—

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

24 than 7 percent of funds appropriated under this sec-
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1 tion in any year shall be available for grants to In2 dian 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) AUTHORIZATION OF APPROPRIATIONS.—There 

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

16 $15,000,000 for each of fiscal years 2006 through 2010. 

17 ‘‘SEC. 41202. ACCESS TO JUSTICE FOR TEENS. 

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

19 encourage cross training and collaboration between the 

20 courts, domestic violence and sexual assault service pro21 viders, youth organizations and service providers, violence 

22 prevention programs, and law enforcement agencies, so 

23 that communities can establish and implement policies, 

24 procedures, and practices to protect and more comprehen25 sively and effectively serve young victims of dating vio-
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1 lence, domestic violence, sexual assault, and stalking who 

2 are between the ages of 12 and 24, and to engage, where 

3 necessary, other entities addressing the safety, health, 

4 mental health, social service, housing, and economic needs 

5 of young victims of domestic violence, dating violence, sex6 ual assault, and stalking, including community-based sup7 ports such as schools, local health centers, community ac8 tion groups, and neighborhood coalitions. 

9 ‘‘(b) GRANT AUTHORITY.—

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

11 through the Director of the Office on Violence 

12 Against Women (in this section referred to as the 

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

14 carry out the purposes of this section. 

15 ‘‘(2) GRANT PERIODS.—Grants shall be award16 ed under this section for a period of 2 fiscal years. 

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

18 grant under this section, a grant applicant shall es19 tablish a collaboration that—

20 ‘‘(A) shall include a victim service provider 

21 that has a documented history of effective work 

22 concerning domestic violence, dating violence, 

23 sexual assault, or stalking and the effect that 

24 those forms of abuse have on young people; 

25 ‘‘(B) shall include a court; and 
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•S 1197 IS 

1 ‘‘(C) may include—

2 ‘‘(i) batterer intervention programs or 

3 sex offender treatment programs with spe4 cialized knowledge and experience working 

5 with youth offenders; 

6 ‘‘(ii) community-based youth organiza7 tions that deal specifically with the con8 cerns and problems faced by youth, includ9 ing programs that target teen parents and 

10 racial, ethnic, and other underserved com11 munities; 

12 ‘‘(iii) schools or school-based pro13 grams designed to provide prevention or 

14 intervention services to youth experiencing 

15 problems; 

16 ‘‘(iv) faith-based entities that deal 

17 with the concerns and problems faced by 

18 youth; 

19 ‘‘(v) healthcare entities eligible for re20 imbursement under title XVIII of the So21 cial Security Act, including providers that 

22 target the special needs of youth; 

23 ‘‘(vi) education programs on HIV and 

24 other sexually transmitted diseases that 

25 are designed to target teens; or 
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•S 1197 IS 

1 ‘‘(vii) Indian Health Services, Indian 

2 Child Welfare, the Bureau of Indian Af3 fairs, or the Federal Bureau of Investiga4 tions. 

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

6 grant under this section shall use the funds made available 

7 through the grant for cross-training and collaborative ef8 forts—

9 ‘‘(1) addressing domestic violence, dating vio10 lence, sexual assault, and stalking, assessing and 

11 analyzing currently available services for youth and 

12 young adult victims, determining relevant barriers to 

13 such services in a particular locality, and developing 

14 a community protocol to address such problems col15 laboratively; 

16 ‘‘(2) to establish and enhance linkages and col17 laboration between—

18 ‘‘(A) domestic violence and sexual assault 

19 service providers; and 

20 ‘‘(B) where applicable, law enforcement 

21 agencies, courts, Federal agencies, and other 

22 entities addressing the safety, health, mental 

23 health, social service, housing, and economic 

24 needs of young victims of abuse, including com25 munity-based supports such as schools, local 
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•S 1197 IS 

1 health centers, community action groups, and 

2 neighborhood coalitions—

3 ‘‘(i) to respond effectively and com4 prehensively to the varying needs of young 

5 victims of abuse; 

6 ‘‘(ii) to include linguistically, cul7 turally, and community relevant services 

8 for racial, ethnic, and other underserved 

9 populations or linkages to existing services 

10 in the community tailored to the needs of 

11 underserved populations; and 

12 ‘‘(iii) to include where appropriate 

13 legal assistance, referral services, and pa14 rental support; 

15 ‘‘(3) to educate the staff of courts, domestic vi16 olence and sexual assault service providers, and, as 

17 applicable, the staff of law enforcement agencies, In18 dian child welfare agencies, youth organizations, 

19 schools, healthcare providers, and other community 

20 prevention and intervention programs to responsibly 

21 address minor victims and perpetrators of domestic 

22 violence, dating violence, sexual assault, and stalk23 ing; 

24 ‘‘(4) to identify, assess, and respond appro25 priately to dating violence, domestic violence, sexual 
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1 assault, or stalking against minors and young adults 

2 and meet the needs of young victims of violence; and 

3 ‘‘(5) to provide appropriate resources in juvenile 

4 court matters to respond to dating violence, domestic 

5 violence, sexual assault, and stalking and ensure 

6 necessary services dealing with the health and men7 tal health of victims are available. 

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

9 grant under this section, the entities that are members 

10 of the applicant collaboration described in subsection 

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

12 at such time, in such manner, and containing such infor13 mation as the Director may require. 

14 ‘‘(e) PRIORITY.—In awarding grants under this sec15 tion, the Director shall give priority to entities that have 

16 submitted applications in partnership with community or17 ganizations and service providers that work primarily with 

18 youth, especially teens, and who have demonstrated a com19 mitment to coalition building and cooperative problem 

20 solving in dealing with problems of dating violence, domes21 tic violence, sexual assault, and stalking in teen popu22 lations. 

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

24 section—
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•S 1197 IS 

1 ‘‘(1) not less than 7 percent of funds appro2 priated under this section in any year shall be avail3 able for grants to collaborations involving tribal 

4 courts, tribal coalitions, tribal organizations, or do5 mestic violence or sexual assault service providers 

6 the primary purpose of which is to provide culturally 

7 relevant services to American Indian or Alaska Na8 tive women or youth; 

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

10 percent of funds appropriated under this section in 

11 any year for monitoring and evaluation of grants 

12 made available under this section; 

13 ‘‘(3) the Attorney General of the United States 

14 shall not use more than 2.5 percent of funds appro15 priated under this section in any year for adminis16 tration of grants made available under this section; 

17 and 

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

19 under this section in any year shall be available to 

20 provide technical assistance for programs funded 

21 under this section. 

22 ‘‘(g) DISSEMINATION OF INFORMATION.—Not later 

23 than 12 months after the end of the grant period under 

24 this section, the Director shall prepare, submit to Con-
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1 gress, and make widely available, including through elec2 tronic means, summaries that contain information on—

3 ‘‘(1) the activities implemented by the recipients 

4 of the grants awarded under this section; and 

5 ‘‘(2) related initiatives undertaken by the Direc6 tor to promote attention to dating violence, domestic 

7 violence, sexual assault, and stalking and their im8 pact on young victims by—

9 ‘‘(A) the staffs of courts; 

10 ‘‘(B) domestic violence, dating violence, 

11 sexual assault, and stalking service providers; 

12 and 

13 ‘‘(C) law enforcement agencies and com14 munity organizations. 

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

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

17 $5,000,000 in each of fiscal years 2006 through 2010. 

18 ‘‘SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION 

19 ON THE INTERSECTION BETWEEN DOMESTIC 

20 VIOLENCE AND CHILD MALTREATMENT. 

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

22 support efforts by child welfare agencies, domestic violence 

23 or dating violence victim services providers, courts, law en24 forcement, and other related professionals and community 

25 organizations to develop collaborative responses and serv-
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1 ices and provide cross-training to enhance community re2 sponses to families where there is both child maltreatment 

3 and domestic violence. 

4 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of the 

5 Department of Health and Human Services (in this sec6 tion referred to as the ‘Secretary’), through the Family 

7 and Youth Services Bureau, and in consultation with the 

8 Office on Violence Against Women, shall award grants on 

9 a competitive basis to eligible entities for the purposes and 

10 in the manner described in this section. 

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

12 are authorized to be appropriated to carry out this section 

13 $5,000,000 for each of fiscal years 2006 through 2010. 

14 Funds appropriated under this section shall remain avail15 able until expended. Of the amounts appropriated to carry 

16 out this section for each fiscal year, the Secretary 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 7 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, which technical 

7 assistance and training may be offered to jurisdic8 tions in the process of developing community re9 sponses to families in which children are exposed to 

10 child maltreatment and domestic violence or dating 

11 violence, whether or not they are receiving funds 

12 under this section. 

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

14 grants under this section, the Secretary shall consider the 

15 needs of racial, ethnic, and other underserved populations. 

16 ‘‘(e) GRANT AWARDS.—The Secretary shall award 

17 grants under this section for periods of not more than 2 

18 fiscal years. 

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

20 under this section shall use amounts provided to develop 

21 collaborative responses and services and provide cross22 training to enhance community responses to families 

23 where there is both child maltreatment and domestic vio24 lence or dating violence. Amounts distributed under this 
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1 section may only be used for programs and activities de2 scribed in subsection (g). 

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

4 and activities developed under this section shall—

5 ‘‘(1) encourage cross training, education, serv6 ice development, and collaboration among child wel7 fare agencies, domestic violence victim service pro8 viders, and courts, law enforcement agencies, com9 munity-based programs, and other entities, in order 

10 to ensure that such entities have the capacity to and 

11 will identify, assess, and respond appropriately to—

12 ‘‘(A) domestic violence or dating violence 

13 in homes where children are present and may 

14 be exposed to the violence; 

15 ‘‘(B) domestic violence or dating violence 

16 in child protection cases; and 

17 ‘‘(C) the needs of both the child and non18 abusing parent; 

19 ‘‘(2) establish and implement policies, proce20 dures, programs, and practices for child welfare 

21 agencies, domestic violence victim service providers, 

22 courts, law enforcement agencies, and other entities, 

23 that are consistent with the principles of protecting 

24 and increasing the immediate and long-term safety 
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1 and well being of children and non-abusing parents 

2 and caretakers; 

3 ‘‘(3) increase cooperation and enhance linkages 

4 between child welfare agencies, domestic violence vic5 tim service providers, courts, law enforcement agen6 cies, and other entities to provide more comprehen7 sive community-based services (including health, 

8 mental health, social service, housing, and neighbor9 hood resources) to protect and to serve both child 

10 and adult victims; 

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

12 to domestic violence or dating violence in child pro13 tection cases and to child maltreatment when it co14 occurs with domestic violence or dating violence; 

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

16 and protocols that contribute to overrepresentation 

17 of racial and ethnic minorities in the court and child 

18 welfare system; and 

19 ‘‘(6) provide appropriate referrals to commu20 nity-based programs and resources, such as health 

21 and mental health services, shelter and housing as22 sistance for adult and youth victims and their chil23 dren, legal assistance and advocacy for adult and 

24 youth victims, assistance for parents to help their 

25 children cope with the impact of exposure to domes-
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1 tic violence or dating violence and child maltreat2 ment, appropriate intervention and treatment for 

3 adult perpetrators of domestic violence or dating vio4 lence whose children are the subjects of child protec5 tion cases, programs providing support and assist6 ance to racial and ethnic populations, and other nec7 essary supportive services. 

8 ‘‘(i) GRANTEE REQUIREMENTS.—

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

10 entity shall prepare and submit to the Secretary an 

11 application at such time, in such manner, and con12 taining such information as the Secretary may re13 quire, consistent with the requirements described 

14 herein. The application shall—

15 ‘‘(A) ensure that communities impacted by 

16 these systems or organizations are adequately 

17 represented in the development of the applica18 tion, the programs and activities to be under19 taken, and that they have a significant role in 

20 evaluating the success of the project; 

21 ‘‘(B) describe how the training and col22 laboration activities will enhance or ensure the 

23 safety and economic security of families where 

24 both child maltreatment and domestic violence 

25 or dating violence occurs by providing appro-
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•S 1197 IS 

1 priate resources, protection, and support to the 

2 victimized parents of such children and to the 

3 children themselves; and 

4 ‘‘(C) outline methods and means partici5 pating entities will use to ensure that all serv6 ices are provided in a developmentally, linguis7 tically and culturally competent manner and 

8 will utilize community-based supports and re9 sources. 

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

11 grant under this section, an entity shall be a collabo12 ration that—

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

14 welfare agency or Indian Tribe; 

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

16 dating violence victim service provider; 

17 ‘‘(C) shall include a law enforcement agen18 cy or Bureau of Indian Affairs providing tribal 

19 law enforcement; 

20 ‘‘(D) may include a court; and 

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

22 or private nonprofit organizations and faith23 based organizations, including community-based 

24 organizations, with the capacity to provide ef-
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1 fective help to the child and adult victims 

2 served by the collaboration.’’. 

3 SEC. 304. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN 

4 ON CAMPUS. 

5 Section 826 of the Higher Education Amendments of 

6 1998 (20 U.S.C. 1152) is amended—

7 (1) in subsection (a)(2), by adding at the end 

8 the following: ‘‘The Attorney General, through the 

9 Director of the Office on Violence Against Women, 

10 shall award the grants in amounts of not more than 

11 $500,000 for individual institutions of higher edu12 cation and not more than $1,000,000 for consortia 

13 of such institutions.’’; 

14 (2) in subsection (b)—

15 (A) in paragraph (2)— 

16 (i) by inserting ‘‘develop and imple17 ment campus policies, protocols, and serv18 ices that’’ after ‘‘boards to’’; and 

19 (ii) by adding at the end the fol20 lowing: ‘‘Within 90 days after the date of 

21 enactment of the Violence Against Women 

22 Act of 2005, the Attorney General shall 

23 issue and make available minimum stand24 ards of training relating to violent crimes 

25 against women on campus, for all campus 
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•S 1197 IS 

1 security personnel and personnel serving 

2 on campus disciplinary or judicial 

3 boards.’’; 

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

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

6 services programs on the campuses of the insti7 tutions involved, including programs providing 

8 legal, medical, or psychological counseling, for 

9 victims of domestic violence, dating violence, or 

10 sexual assault, and to improve delivery of victim 

11 assistance on campus. To the extent prac12 ticable, such an institution shall collaborate 

13 with any entities carrying out nonprofit and 

14 other victim services programs, including sexual 

15 assault, domestic violence, and dating violence 

16 victim services programs in the community in 

17 which the institution is located. If appropriate 

18 victim services programs are not available in 

19 the community or are not accessible to stu20 dents, the institution shall, to the extent prac21 ticable, provide a victim services program on 

22 campus or create a victim services program in 

23 collaboration with a community-based organiza24 tion. The institution shall use not less than 20 

25 percent of the funds made available through the 
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1 grant for a victim services program provided in 

2 accordance with this paragraph.’’; 

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

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

5 and (10) as paragraphs (6), (7), and (8), re6 spectively; 

7 (3) in subsection (c), by striking paragraph 

8 (2)(B) and inserting the following: 

9 ‘‘(B) include proof that the institution of 

10 higher education collaborated with any non11 profit, nongovernmental entities carrying out 

12 other victim services programs, including sexual 

13 assault, domestic violence, and dating violence 

14 victim services programs in the community in 

15 which the institution is located;’’; 

16 (4) in subsection (d)—

17 (A) by striking paragraph (4); 

18 (B) by redesignating paragraphs (2) and 

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

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

21 following: 

22 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR

23 PRIVATE INFORMATION.—

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

25 safety of adult, youth, and child victims of do-
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•S 1197 IS 

1 mestic violence, dating violence, sexual assault, 

2 or stalking, and their families, grantee and sub3 grantees under this title shall protect the con4 fidentiality and privacy of persons receiving 

5 services. 

6 ‘‘(B) NONDISCLOSURE.—Subject to sub7 paragraph (C), grantees and subgrantees shall 

8 not—

9 ‘‘(i) disclose any personally identifying 

10 information or individual information col11 lected in connection with services re12 quested, utilized, or denied through grant13 ees’ and subgrantees’ programs; or 

14 ‘‘(ii) reveal individual client informa15 tion without the informed, written, reason16 ably time-limited consent of the person (or 

17 in the case of an unemancipated minor, the 

18 minor and the parent or guardian or in the 

19 case of persons with disabilities, the guard20 ian) about whom information is sought, 

21 whether for this program or any other 

22 Federal, State, tribal, or territorial grant 

23 program. 
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•S 1197 IS 

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; 

21 ‘‘(ii) court-generated information and 

22 law-enforcement generated information 

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

25 purposes; and 
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•S 1197 IS 

1 ‘‘(iii) law-enforcement and prosecu2 tion-generated information for law enforce3 ment and prosecution purposes. 

4 ‘‘(E) PERSONALLY IDENTIFYING INFORMA5 TION OR PERSONAL INFORMATION.—The term 

6 ‘personally identifying information’ or ‘personal 

7 information’ means individually identifying in8 formation for or about an individual including 

9 information likely to disclose the location of a 

10 victim of domestic violence, dating violence, sex11 ual assault, or stalking, including—

12 ‘‘(i) a first and last name; 

13 ‘‘(ii) a home or other physical address; 

14 ‘‘(iii) contact information (including a 

15 postal, e-mail or Internet protocol address, or 

16 telephone or facsimile number); 

17 ‘‘(iv) a social security number; and 

18 ‘‘(v) any other information, including, date 

19 of birth, racial or ethnic background, or reli20 gious affiliation, that, in combination with any 

21 of clauses (i) through (iv), would serve to iden22 tify any individual.’’; and 

23 (5) in subsection (g), by—

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

25 ‘‘$15,000,000’’; 
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•S 1197 IS 

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

2 and 

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

4 SEC. 305. JUVENILE JUSTICE. 

5 (a) STATE PLANS.—Section 223(a) of the Juvenile 

6 Justice and Delinquency Prevention Act of 1974 (42 

7 U.S.C. 5633(a)) is amended—

8 (1) in paragraph (7)(B)—

9 (A) by redesignating clauses (i), (ii) and 

10 (iii), as clauses (ii), (iii), and (iv), respectively; 

11 and 

12 (B) by inserting before clause (ii) the fol13 lowing: 

14 ‘‘(i) an analysis of gender-specific services 

15 for the prevention and treatment of juvenile de16 linquency, including the types of such services 

17 available and the need for such services for fe18 males;’’. 

19 (b) USE OF FUNDS.—Section 223(a)(9) of the Juve20 nile Justice and Delinquency Prevention Act of 1974 (42 

21 U.S.C. 5633(a)(9)) is amended—

22 (1) in subparagraph (R), by striking ‘‘and’’ at 

23 the end; 

24 (2) in subparagraph (S), by striking the period 

25 at the end and inserting ‘‘; and’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(T) developing and adopting policies to 

3 prohibit disparate treatment of female juveniles 

4 in placement and treatment, and establishing 

5 gender-specific services to ensure that female 

6 juveniles have access to the full range of health 

7 and mental health services, treatment for phys8 ical or sexual assault and abuse, education in 

9 parenting, education in general, and other 

10 training and vocational services.’’. 

11 SEC. 306. SAFE HAVENS. 

12 Section 1301 of the Victims of Trafficking and Vio13 lence Protection Act of 2000 (42 U.S.C. 10420) is amend14 ed—

15 (1) by striking the section heading and insert16 ing the following: 

17 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; 

18 (2) in subsection (a)—

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

20 the Office on Violence Against Women,’’ after 

21 ‘‘Attorney General’’; 

22 (B) by inserting ‘‘dating violence,’’ after 

23 ‘‘domestic violence,’’; 

24 (C) by striking ‘‘to provide’’ and inserting 

25 the following: 
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1 ‘‘(1) to provide’’; 

2 (D) by striking the period at the end and 

3 inserting a semicolon; and 

4 (E) by adding at the end the following: 

5 ‘‘(2) to protect children from the trauma of wit6 nessing domestic or dating violence or experiencing 

7 abduction, injury, or death during parent and child 

8 visitation exchanges; 

9 ‘‘(3) to protect parents or caretakers who are 

10 victims of domestic and dating violence from experi11 encing further violence, abuse, and threats during 

12 child visitation exchanges; and 

13 ‘‘(4) to protect children from the trauma of ex14 periencing sexual assault or other forms of physical 

15 assault or abuse during parent and child visitation 

16 and visitation exchanges.’’; and 

17 (3) by striking subsection (e) and inserting the 

18 following: 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

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

21 appropriated to carry out this section, $20,000,000 

22 for each of fiscal years 2006 through 2010. Funds 

23 appropriated under this section shall remain avail24 able until expended. 
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1 ‘‘(2) USE OF FUNDS.—Of the amounts appro2 priated to carry out this section for each fiscal year, 

3 the Attorney General shall—

4 ‘‘(A) set aside not less than 5 percent for 

5 grants to Indian tribal governments or tribal 

6 organizations; 

7 ‘‘(B) use not more than 3 percent for eval8 uation, monitoring, site visits, grantee con9 ferences, and other administrative costs associ10 ated with conducting activities under this sec11 tion; and 

12 ‘‘(C) set aside not more than 8 percent for 

13 technical assistance and training to be provided 

14 by organizations having nationally recognized 

15 expertise in the design of safe and secure super16 vised visitation programs and visitation ex17 change of children in situations involving do18 mestic violence, dating violence, sexual assault, 

19 or stalking.’’. 
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1 TITLE IV—STRENGTHENING 

2 AMERICA’S FAMILIES BY PRE3 VENTING VIOLENCE 

4 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND 

5 CHILDREN. 

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

7 1902 et seq.) is amended by adding at the end the fol8 lowing: 

9 ‘‘Subtitle M—Strengthening Amer10 ica’s Families by Preventing Vi11 olence Against Women and Chil12 dren 

13 ‘‘SEC. 41301. FINDINGS. 

14 ‘‘Congress finds that— 

15 ‘‘(1) the former United States Advisory Board 

16 on Child Abuse suggests that domestic violence may 

17 be the single major precursor to child abuse and ne18 glect fatalities in this country; 

19 ‘‘(2) studies suggest that as many as 

20 10,000,000 children witness domestic violence every 

21 year; 

22 ‘‘(3) studies suggest that among children and 

23 teenagers, recent exposure to violence in the home 

24 was a significant factor in predicting a child’s violent 

25 behavior; 
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1 ‘‘(4) a study by the Nurse-Family Partnership 

2 found that children whose parents did not partici3 pate in home visitation programs that provided 

4 coaching in parenting skills, advice and support, 

5 were almost 5 times more likely to be abused in 

6 their first 2 years of life; 

7 ‘‘(5) a child’s exposure to domestic violence 

8 seems to pose the greatest independent risk for 

9 being the victim of any act of partner violence as an 

10 adult; 

11 ‘‘(6) children exposed to domestic violence are 

12 more likely to believe that using violence is an effec13 tive means of getting one’s needs met and managing 

14 conflict in close relationships; 

15 ‘‘(7) children exposed to abusive parenting, 

16 harsh or erratic discipline, or domestic violence are 

17 at increased risk for juvenile crime; and 

18 ‘‘(8) in a national survey of more than 6,000 

19 American families, 50 percent of men who frequently 

20 assaulted their wives also frequently abused their 

21 children. 

22 ‘‘SEC. 41302. PURPOSE. 

23 ‘‘The purpose of this subtitle is to— 

24 ‘‘(1) prevent crimes involving violence against 

25 women, children, and youth; 
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1 ‘‘(2) increase the resources and services avail2 able to prevent violence against women, children, 

3 and youth; 

4 ‘‘(3) reduce the impact of exposure to violence 

5 in the lives of children and youth so that the 

6 intergenerational cycle of violence is interrupted; 

7 ‘‘(4) develop and implement education and serv8 ices programs to prevent children in vulnerable fami9 lies from becoming victims or perpetrators of domes10 tic violence, dating violence, sexual assault, or stalk11 ing; 

12 ‘‘(5) promote programs to ensure that children 

13 and youth receive the assistance they need to end 

14 the cycle of violence and develop mutually respectful, 

15 nonviolent relationships; and 

16 ‘‘(6) encourage collaboration among community17 based organizations and governmental agencies serv18 ing children and youth, providers of health and men19 tal health services and providers of domestic vio20 lence, dating violence, sexual assault, and stalking 

21 victim services to prevent violence against women 

22 and children. 

23 ‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EX24 POSED TO VIOLENCE. 

25 ‘‘(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 Ad4 ministration for Children, Youth, and Families of 

5 the Department of Health and Human Services, is 

6 authorized to award grants on a competitive basis to 

7 eligible entities for the purpose of mitigating the ef8 fects of domestic violence, dating violence, sexual as9 sault, and stalking on children exposed to such vio10 lence, and reducing the risk of future victimization 

11 or perpetration of domestic violence, dating violence, 

12 sexual assault, and stalking. 

13 ‘‘(2) TERM.—The Director shall make grants 

14 under this section for a period of 2 fiscal years. 

15 ‘‘(3) AWARD BASIS.—The Director shall award 

16 grants— 

17 ‘‘(A) considering the needs of underserved 

18 populations; 

19 ‘‘(B) awarding not less than 7 percent of 

20 such amounts for the funding of tribal projects 

21 from the amounts made available under this 

22 section for a fiscal year; 

23 ‘‘(C) awarding up to 8 percent for the 

24 funding of technical assistance programs from 
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•S 1197 IS 

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; or 

18 ‘‘(2) training, coordination, and advocacy for 

19 programs that serve children and youth (such as 

20 Head Start, child care, and after-school programs) 

21 on how to safely and confidentially identify children 

22 and families experiencing domestic violence and 

23 properly refer them to programs that can provide di24 rect services to the family and children, and coordi25 nation with other domestic violence or other pro-
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•S 1197 IS 

1 grams serving children exposed to domestic violence, 

2 dating violence, sexual assault, or stalking that can 

3 provide the training and direct services referenced in 

4 this subsection. 

5 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

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

7 ‘‘(1) a victim service provider, tribal nonprofit 

8 organization or community-based organization that 

9 has a documented history of effective work con10 cerning children or youth exposed to domestic vio11 lence, dating violence, sexual assault, or stalking, in12 cluding programs that provide culturally specific 

13 services, Head Start, childcare, faith-based organiza14 tions, after school programs, and health and mental 

15 health providers; or 

16 ‘‘(2) a State, territorial, or tribal, or local unit 

17 of government agency that is partnered with an or18 ganization described in paragraph (1). 

19 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

20 an entity shall—

21 ‘‘(1) prepare and submit to the Director an ap22 plication at such time, in such manner, and con23 taining such information as the Director may re24 quire; and 
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1 ‘‘(2) at a minimum, describe in the application 

2 the policies and procedures that the entity has or 

3 will adopt to—

4 ‘‘(A) enhance or ensure the safety and se5 curity of children who have been or are being 

6 exposed to violence and their nonabusing par7 ent, enhance or ensure the safety and security 

8 of children and their nonabusing parent in 

9 homes already experiencing domestic violence, 

10 dating violence, sexual assault, or stalking; and 

11 ‘‘(B) ensure linguistically, culturally, and 

12 community relevant services for racial, ethnic, 

13 and other underserved communities. 

14 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 

15 PROGRAMS FOR HOME VISITATION 

16 PROJECTS. 

17 ‘‘(a) GRANTS AUTHORIZED.—

18 ‘‘(1) IN GENERAL.—The Attorney General, act19 ing through the Director of the Office on Violence 

20 Against Women, and in collaboration with the Ad21 ministration for Children, Youth, and Families of 

22 the Department of Health and Human Services, 

23 shall award grants on a competitive basis to home 

24 visitation programs, in collaboration with victim 

25 service providers, for the purposes of developing and 
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1 implementing model policies and procedures to train 

2 home visitation service providers on addressing do3 mestic violence, dating violence, sexual assault, and 

4 stalking in families experiencing violence, or at risk 

5 of violence, to reduce the impact of that violence on 

6 children, maintain safety, improve parenting skills, 

7 and break intergenerational cycles of violence. 

8 ‘‘(2) TERM.—The Director shall make the 

9 grants under this section for a period of 2 fiscal 

10 years. 

11 ‘‘(3) AWARD BASIS.—The Director shall— 

12 ‘‘(A) consider the needs of underserved 

13 populations; 

14 ‘‘(B) award not less than 7 percent of such 

15 amounts for the funding of tribal projects from 

16 the amounts made available under this section 

17 for a fiscal year; and 

18 ‘‘(C) award up to 8 percent for the funding 

19 of technical assistance programs from the 

20 amounts made available under this section for 

21 a fiscal year. 

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

23 is authorized to be appropriated to carry out this section 

24 $7,000,000 for each of fiscal years 2006 through 2010. 
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•S 1197 IS 

1 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

2 a grant under this section, an entity shall be a national, 

3 Federal, State, local, territorial, or tribal— 

4 ‘‘(1) home visitation program that provides 

5 services to pregnant women and to young children 

6 and their parent or primary caregiver that are pro7 vided in the permanent or temporary residence or in 

8 other familiar surroundings of the individual or fam9 ily receiving such services; or 

10 ‘‘(2) victim services organization or agency in 

11 collaboration with an organization or organizations 

12 listed in paragraph (1). 

13 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section, 

14 an entity shall—

15 ‘‘(1) prepare and submit to the Director an ap16 plication at such time, in such manner, and con17 taining such information as the Director may re18 quire; and 

19 ‘‘(2) describe in the application the policies and 

20 procedures that the entity has or will adopt to—

21 ‘‘(A) enhance or ensure the safety and se22 curity of children and their nonabusing parent 

23 in homes already experiencing domestic vio24 lence, dating violence, sexual assault, or stalk25 ing; 
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•S 1197 IS 

1 ‘‘(B) ensure linguistically, culturally, and 

2 community relevant services for racial ethnic 

3 and other underserved communities; 

4 ‘‘(C) ensure the adequate training by do5 mestic violence, dating violence, sexual assault 

6 or stalking victim service providers of home visi7 tation grantee program staff to— 

8 ‘‘(i) safely screen for and/or recognize 

9 domestic violence, dating violence, sexual 

10 assault, and stalking; 

11 ‘‘(ii) understand the impact of domes12 tic violence or sexual assault on children 

13 and protective actions taken by a non14 abusing parent or caretaker in response to 

15 violence against anyone in the household; 

16 and 

17 ‘‘(iii) link new parents with existing 

18 community resources in communities where 

19 resources exist; and 

20 ‘‘(D) ensure that relevant State and local 

21 domestic violence, dating violence, sexual as22 sault, and stalking victim service providers and 

23 coalitions are aware of the efforts of organiza24 tions receiving grants under this section, and 
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•S 1197 IS 

1 are included as training partners, where pos2 sible. 

3 ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING 

4 DOMESTIC VIOLENCE, DATING VIOLENCE, 

5 SEXUAL ASSAULT, AND STALKING. 

6 ‘‘(a) GRANTS AUTHORIZED.—

7 ‘‘(1) IN GENERAL.—The Attorney General, act8 ing through the Director of the Office on Violence 

9 Against Women, and in collaboration with the Ad10 ministration for Children, Youth, and Families of 

11 the Department of Health and Human Services, 

12 shall award grants on a competitive basis to eligible 

13 entities for the purpose of developing or enhancing 

14 programs related to engaging men and youth in pre15 venting domestic violence, dating violence, sexual as16 sault, and stalking by helping them to develop mutu17 ally respectful, nonviolent relationships. 

18 ‘‘(2) TERM.—The Director shall make grants 

19 under this section for a period of 2 fiscal years. 

20 ‘‘(3) AWARD BASIS.—The Director shall award 

21 grants— 

22 ‘‘(A) considering the needs of underserved 

23 populations; 

24 ‘‘(B) awarding not less than 7 percent of 

25 such amounts for the funding of tribal projects 
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•S 1197 IS 

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 for grantees and 

5 non-grantees working in this area from the 

6 amounts made available under this section for 

7 a fiscal year. 

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated to carry out this section 

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

11 ‘‘(c) USE OF FUNDS.— 

12 ‘‘(1) PROGRAMS.—The funds appropriated 

13 under this section shall be used by eligible entities 

14 for— 

15 ‘‘(A) to develop or enhance community16 based programs, including gender-specific pro17 grams in accordance with applicable laws 

18 that—

19 ‘‘(i) encourage children and youth to 

20 pursue nonviolent relationships and reduce 

21 their risk of becoming victims or perpetra22 tors of domestic violence, dating violence, 

23 sexual assault, or stalking; and 

24 ‘‘(ii) that include at a minimum— 
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•S 1197 IS 

1 ‘‘(I) information on domestic vio2 lence, dating violence, sexual assault, 

3 stalking, or child sexual abuse and 

4 how they affect children and youth; 

5 and 

6 ‘‘(II) strategies to help partici7 pants be as safe as possible; or 

8 ‘‘(B) create public education campaigns 

9 and community organizing to encourage men 

10 and boys to work as allies with women and girls 

11 to prevent violence against women and girls 

12 conducted by entities that have experience in 

13 conducting public education campaigns that ad14 dress domestic violence, dating violence, sexual 

15 assault, or stalking. 

16 ‘‘(2) MEDIA LIMITS.—No more than 40 percent 

17 of funds received by a grantee under this section 

18 may be used to create and distribute media mate19 rials. 

20 ‘‘(d) ELIGIBLE ENTITIES.— 

21 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

22 subsection (c)(1)(A) are— 

23 ‘‘(A) nonprofit, nongovernmental domestic 

24 violence, dating violence, sexual assault, or 

25 stalking victim service providers or coalitions; 
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•S 1197 IS 

1 ‘‘(B) community-based child or youth serv2 ices organizations with demonstrated experience 

3 and expertise in addressing the needs and con4 cerns of young people; 

5 ‘‘(C) a State, territorial, tribal, or unit of 

6 local governmental entity that is partnered with 

7 an organization described in subparagraph (A) 

8 or (B); or 

9 ‘‘(D) a program that provides culturally 

10 specific services. 

11 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

12 under subsection (c)(1)(B) are— 

13 ‘‘(A) nonprofit, nongovernmental organiza14 tions or coalitions that have a documented his15 tory of creating and administering effective 

16 public education campaigns addressing the pre17 vention of domestic violence, dating violence, 

18 sexual assault or stalking; or 

19 ‘‘(B) a State, territorial, tribal, or unit of 

20 local governmental entity that is partnered with 

21 an organization described in subparagraph (A). 

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) describe in the application the policies and 

4 procedures that the entity has or will adopt to— 

5 ‘‘(A) enhance or ensure the safety and se6 curity of children and youth already experi7 encing domestic violence, dating violence, sexual 

8 assault, or stalking in their lives; 

9 ‘‘(B) ensure linguistically, culturally, and 

10 community relevant services for racial, ethnic, 

11 and other underserved communities; 

12 ‘‘(C) inform participants about laws, serv13 ices, and resources in the community, and make 

14 referrals as appropriate; and 

15 ‘‘(D) ensure that State and local domestic 

16 violence, dating violence, sexual assault, and 

17 stalking victim service providers and coalitions 

18 are aware of the efforts of organizations receiv19 ing grants under this section.’’. 

20 SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DIS21 EASE CONTROL AND PREVENTION. 

22 (a) PURPOSES.—The Secretary of Health and 

23 Human Services acting through the National Center for 

24 Injury Prevention and Control at the Centers for Disease 

25 Control Prevention shall make grants to entities, including 
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1 sexual assault coalitions and programs, research organiza2 tions, tribal organizations, and academic institutions to 

3 support research to examine prevention and intervention 

4 programs to further the understanding of sexual and do5 mestic violence by and against adults, youth, and children. 

6 (b) USE OF FUNDS.—The research conducted under 

7 this section shall include the following areas: 

8 (1) Evaluation and study of best practices for 

9 reducing and preventing violence against women and 

10 children addressed by the strategies included in this 

11 title, including strategies addressing racial, ethnic, 

12 and other underserved communities. 

13 (2) An evaluation of the efficacy and effective14 ness of interventions and policies targeting offenders 

15 and potential offenders to prevent perpetration of 

16 sexual and domestic violence. 

17 (3) An examination of the social norms and 

18 family structure that support sexual and domestic 

19 violence and to evaluate strategies to change them. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 shall be authorized to be appropriated to carry out this 

22 title $2,000,000 for each of the fiscal years 2006 through 

23 2010.
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1 TITLE V—STRENGTHENING THE 

2 HEALTHCARE SYSTEM’S RE3 SPONSE TO DOMESTIC VIO4 LENCE, DATING VIOLENCE, 

5 SEXUAL ASSAULT, AND 

6 STALKING 

7 SEC. 501. FINDINGS. 

8 Congress makes the following findings: 

9 (1) The health-related costs of intimate partner 

10 violence in the United States exceed $5,800,000,000 

11 annually. 

12 (2) Thirty-seven percent of all women who 

13 sought care in hospital emergency rooms for vio14 lence-related injuries were injured by a current or 

15 former spouse, boyfriend, or girlfriend. 

16 (3) In addition to injuries sustained during vio17 lent episodes, physical and psychological abuse is 

18 linked to a number of adverse physical and mental 

19 health effects. Women who have been abused are 

20 much more likely to suffer from chronic pain, diabe21 tes, depression, unintended pregnancies, substance 

22 abuse and sexually transmitted infections, including 

23 HIV/AIDS. 
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1 (4) Health plans spend an average of $1,775 

2 more a year on abused women than on general en3 rollees. 

4 (5) Each year about 324,000 pregnant women 

5 in the United States are battered by the men in 

6 their lives. This battering leads to complications of 

7 pregnancy, including low weight gain, anemia, infec8 tions, and first and second trimester bleeding. 

9 (6) Pregnant and recently pregnant women are 

10 more likely to be victims of homicide than to die of 

11 any other pregnancy-related cause, and evidence ex12 ists that a significant proportion of all female homi13 cide victims are killed by their intimate partners. 

14 (7) Children who witness domestic violence are 

15 more likely to exhibit behavioral and physical health 

16 problems including depression, anxiety, and violence 

17 towards peers. They are also more likely to attempt 

18 suicide, abuse drugs and alcohol, run away from 

19 home, engage in teenage prostitution, and commit 

20 sexual assault crimes. 

21 (8) Recent research suggests that women expe22 riencing domestic violence significantly increase their 

23 safety-promoting behaviors over the short- and long24 term when health care providers screen for, identify, 
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1 and provide followup care and information to ad2 dress the violence. 

3 (9) Currently, only about 10 percent of primary 

4 care physicians routinely screen for intimate partner 

5 abuse during new patient visits and 9 percent rou6 tinely screen for intimate partner abuse during peri7 odic checkups. 

8 (10) Recent clinical studies have proven the ef9 fectiveness of a 2-minute screening for early detec10 tion of abuse of pregnant women. Additional longitu11 dinal studies have tested a 10-minute intervention 

12 that was proven highly effective in increasing the 

13 safety of pregnant abused women. Comparable re14 search does not yet exist to support the effectiveness 

15 of screening men. 

16 (11) Seventy to 81 percent of the patients stud17 ied reported that they would like their healthcare 

18 providers to ask them privately about intimate part19 ner violence. 

20 SEC. 502. PURPOSE. 

21 It is the purpose of this title to improve the health 

22 care system’s response to domestic violence, dating vio23 lence, sexual assault, and stalking through the training 

24 and education of health care providers, developing com25 prehensive public health responses to violence against 
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1 women and children, increasing the number of women 

2 properly screened, identified, and treated for lifetime expo3 sure to violence, and expanding research on effective inter4 ventions in the health care setting. 

5 SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFES6 SIONALS IN DOMESTIC AND SEXUAL VIO7 LENCE. 

8 Part D of title VII of the Public Health Service Act 

9 (42 U.S.C. 294 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION 

12 ON DOMESTIC VIOLENCE AND OTHER TYPES 

13 OF VIOLENCE AND ABUSE. 

14 ‘‘(a) GRANTS.—The Secretary, acting through the 

15 Director of the Health Resources and Services Adminis16 tration, shall award grants under this section to develop 

17 interdisciplinary training and education programs that 

18 provide undergraduate, graduate, post-graduate medical, 

19 nursing (including advanced practice nursing students), 

20 and other health professions students with an under21 standing of, and clinical skills pertinent to, domestic vio22 lence, sexual assault, stalking, and dating violence. 

23 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

24 under this section an entity shall— 
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•S 1197 IS 

1 ‘‘(1) be an accredited school of allopathic or os2 teopathic medicine; 

3 ‘‘(2) prepare and submit to the Secretary an 

4 application at such time, in such manner, and con5 taining such information as the Secretary may re6 quire, including— 

7 ‘‘(A) information to demonstrate that the 

8 applicant includes the meaningful participation 

9 of a school of nursing and at least one other 

10 school of health professions or graduate pro11 gram in public health, dentistry, social work, 

12 midwifery, or behavioral and mental health; 

13 ‘‘(B) strategies for the dissemination and 

14 sharing of curricula and other educational ma15 terials developed under the grant to other inter16 ested medical and nursing schools and national 

17 resource repositories for materials on domestic 

18 violence and sexual assault; and 

19 ‘‘(C) a plan for consulting with, and com20 pensating community-based coalitions or indi21 viduals who have experience and expertise in 

22 issues related to domestic violence, sexual as23 sault, dating violence, and stalking for services 

24 provided under the program carried out under 

25 the grant. 
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1 ‘‘(c) USE OF FUNDS.— 

2 ‘‘(1) REQUIRED USES.—Amounts provided 

3 under a grant under this section shall be used to— 

4 ‘‘(A) fund interdisciplinary training and 

5 education projects that are designed to train 

6 medical, nursing, and other health professions 

7 students and residents to identify and provide 

8 health care services (including mental or behav9 ioral health care services and referrals to appro10 priate community services) to individuals who 

11 are or who have experienced domestic violence, 

12 sexual assault, and stalking or dating violence; 

13 and 

14 ‘‘(B) plan and develop culturally competent 

15 clinical components for integration into ap16 proved residency training programs that ad17 dress health issues related to domestic violence, 

18 sexual assault, dating violence, and stalking, 

19 along with other forms of violence as appro20 priate, and include the primacy of victim safety 

21 and confidentiality. 

22 ‘‘(2) PERMISSIVE USES.—Amounts provided 

23 under a grant under this section may be used to— 

24 ‘‘(A) offer community-based training op25 portunities in rural areas for medical, nursing, 
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1 and other students and residents on domestic 

2 violence, sexual assault, stalking, and dating vi3 olence, and other forms of violence and abuse, 

4 which may include the use of distance learning 

5 networks and other available technologies need6 ed to reach isolated rural areas; or 

7 ‘‘(B) provide stipends to students from ra8 cial and ethnic population groups who are 

9 underrepresented in the health professions as 

10 necessary to promote and enable their partici11 pation in clerkships, preceptorships, or other 

12 offsite training experiences that are designed to 

13 develop health care clinical skills related to do14 mestic violence, sexual assault, dating violence, 

15 and stalking. 

16 ‘‘(3) REQUIREMENTS.— 

17 ‘‘(A) CONFIDENTIALITY AND SAFETY.—

18 Grantees under this section shall ensure that all 

19 educational programs developed with grant 

20 funds address issues of confidentiality and pa21 tient safety, and that faculty and staff associ22 ated with delivering educational components are 

23 fully trained in procedures that will protect the 

24 immediate and ongoing security of the patients, 

25 patient records, and staff. Advocacy-based coali-
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•S 1197 IS 

1 tions or other expertise available in the commu2 nity shall be consulted on the development and 

3 adequacy of confidentially and security proce4 dures, and shall be fairly compensated by 

5 grantees for their services. 

6 ‘‘(B) RURAL PROGRAMS.—Rural training 

7 programs carried out under paragraph (2)(A) 

8 shall reflect adjustments in protocols and proce9 dures or referrals that may be needed to protect 

10 the confidentiality and safety of patients who 

11 live in small or isolated communities and who 

12 are currently or have previously experienced vio13 lence or abuse. 

14 ‘‘(4) CHILD AND ELDER ABUSE.—Issues related 

15 to child and elder abuse may be addressed as part 

16 of a comprehensive programmatic approach imple17 mented under a grant under this section. 

18 ‘‘(d) REQUIREMENTS OF GRANTEES.— 

19 ‘‘(1) LIMITATION ON ADMINISTRATIVE EX20 PENSES.—A grantee shall not use more than 10 per21 cent of the amounts received under a grant under 

22 this section for administrative expenses. 

23 ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee 

24 under this section, and any entity receiving assist25 ance under the grant for training and education, 
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1 shall contribute non-Federal funds, either directly or 

2 through in-kind contributions, to the costs of the ac3 tivities to be funded under the grant in an amount 

4 that is not less than 25 percent of the total cost of 

5 such activities. 

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

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

8 $3,000,000 for each of fiscal years 2006 through 2010. 

9 Amounts appropriated under this subsection shall remain 

10 available until expended.’’. 

11 SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES 

12 TO DOMESTIC VIOLENCE, DATING VIOLENCE, 

13 SEXUAL ASSAULT, AND STALKING GRANTS. 

14 Part P of title III of the Public Health Service Act 

15 (42 U.S.C. 280g et seq.) is amended by adding at the end 

16 the following: 

17 ‘‘SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RE18 SPONSES TO DOMESTIC VIOLENCE, DATING 

19 VIOLENCE, SEXUAL ASSAULT, AND STALKING. 

20 ‘‘(a) AUTHORITY TO AWARD GRANTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary, acting 

22 through the Director of the Centers for Disease 

23 Control and Prevention, shall award grants to eligi24 ble State, tribal, territorial, or local entities to 

25 strengthen the response of State, tribal, territorial, 
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•S 1197 IS 

1 or local health care systems to domestic violence, 

2 dating violence, sexual assault, and stalking. 

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

5 ‘‘(A) be— 

6 ‘‘(i) a State department (or other divi7 sion) of health, a State domestic or sexual 

8 assault coalition or service-based program, 

9 State law enforcement task force, or any 

10 other nonprofit, nongovernmental, tribal, 

11 territorial, or State entity with a history of 

12 effective work in the fields of domestic vio13 lence, dating violence, sexual assault or 

14 stalking, and health care; or 

15 ‘‘(ii) a local, nonprofit domestic vio16 lence, dating violence, sexual assault, or 

17 stalking service-based program, a local de18 partment (or other division) of health, a 

19 local health clinic, hospital, or health sys20 tem, or any other nonprofit, tribal, or local 

21 entity with a history of effective work in 

22 the field of domestic or sexual violence and 

23 health; 

24 ‘‘(B) prepare and submit to the Secretary 

25 an application at such time, in such manner, 
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•S 1197 IS 

1 and containing such agreements, assurances, 

2 and information as the Secretary determines to 

3 be necessary to carry out the purposes for 

4 which the grant is to be made; and 

5 ‘‘(C) demonstrate that the entity is rep6 resenting a team of organizations and agencies 

7 working collaboratively to strengthen the re8 sponse of the health care system involved to do9 mestic violence, dating violence, sexual assault, 

10 or stalking and that such team includes domes11 tic violence, dating violence, sexual assault or 

12 stalking and health care organizations. 

13 ‘‘(3) DURATION.—A program conducted under 

14 a grant awarded under this section shall not exceed 

15 2 years. 

16 ‘‘(b) USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—An entity shall use 

18 amounts received under a grant under this section to 

19 design and implement comprehensive strategies to 

20 improve the response of the health care system in21 volved to domestic or sexual violence in clinical and 

22 public health settings, hospitals, clinics, managed 

23 care settings (including behavioral and mental 

24 health), and other health settings. 
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1 ‘‘(2) MANDATORY STRATEGIES.—Strategies im2 plemented under paragraph (1) shall include the fol3 lowing: 

4 ‘‘(A) The implementation, dissemination, 

5 and evaluation of policies and procedures to 

6 guide health care professionals and behavioral 

7 and public health staff in responding to domes8 tic violence, dating violence, sexual assault, and 

9 stalking, including strategies to ensure that 

10 health information is maintained in a manner 

11 that protects the patient’s privacy and safety 

12 and prohibits insurance discrimination. 

13 ‘‘(B) The development of on-site access to 

14 services to address the safety, medical, mental 

15 health, and economic needs of patients either by 

16 increasing the capacity of existing health care 

17 professionals and behavioral and public health 

18 staff to address domestic violence, dating vio19 lence, sexual assault, and stalking, by con20 tracting with or hiring domestic or sexual as21 sault advocates to provide the services, or to 

22 model other services appropriate to the geo23 graphic and cultural needs of a site. 

24 ‘‘(C) The evaluation of practice and the in25 stitutionalization of identification, intervention, 
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•S 1197 IS 

1 and documentation including quality improve2 ment measurements. 

3 ‘‘(D) The provision of training and fol4 lowup technical assistance to health care profes5 sionals, behavioral and public health staff, and 

6 allied health professionals to identify, assess, 

7 treat, and refer clients who are victims of do8 mestic violence, dating violence, sexual violence, 

9 or stalking. 

10 ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im11 plemented under paragraph (1) may include the fol12 lowing: 

13 ‘‘(A) Where appropriate, the development 

14 of training modules and policies that address 

15 the overlap of child abuse, domestic violence, 

16 dating violence, sexual assault, and stalking and 

17 elder abuse as well as childhood exposure to do18 mestic violence. 

19 ‘‘(B) The creation, adaptation, and imple20 mentation of public education campaigns for 

21 patients concerning domestic violence, dating vi22 olence, sexual assault, and stalking prevention. 

23 ‘‘(C) The development, adaptation, and 

24 dissemination of domestic violence, dating vio25 lence, sexual assault, and stalking education 
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•S 1197 IS 

1 materials to patients and health care profes2 sionals and behavioral and public health staff. 

3 ‘‘(D) The promotion of the inclusion of do4 mestic violence, dating violence, sexual assault, 

5 and stalking into health professional training 

6 schools, including medical, dental, nursing 

7 school, social work, and mental health cur8 riculum. 

9 ‘‘(E) The integration of domestic violence, 

10 dating violence, sexual assault, and stalking 

11 into health care accreditation and professional 

12 licensing examinations, such as medical, dental, 

13 social work, and nursing boards. 

14 ‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated 

15 under this section shall be distributed equally between 

16 State and local programs. 

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

18 is authorized to be appropriated to award grants under 

19 this section, $5,000,000 for each of fiscal years 2006 

20 through 2010.’’. 

21 SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

22 THE HEALTHCARE SETTING. 

23 Subtitle B of the Violence Against Women Act of 

24 1994 (Public Law 103–322; 108 Stat. 1902 et seq.), as 

25 amended by the Violence Against Women Act of 2000 
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•S 1197 IS 

1 (114 Stat. 1491 et seq.), and as amended by this Act, 

2 is further amended by adding at the end the following: 

3 ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE 

4 INTERVENTIONS TO ADDRESS VIO5 LENCE AGAINST WOMEN 

6 ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

7 THE HEALTH CARE SETTING. 

8 ‘‘(a) PURPOSE.—The Secretary, acting through the 

9 Director of the Centers for Disease Control and Preven10 tion and the Director of the Agency for Healthcare Re11 search and Quality, shall award grants and contracts to 

12 fund research on effective interventions in the health care 

13 setting that prevent domestic violence, dating violence, and 

14 sexual assault across the lifespan and that prevent the 

15 health effects of such violence and improve the safety and 

16 health of individuals who are currently being victimized. 

17 ‘‘(b) USE OF FUNDS.—Research conducted with 

18 amounts received under a grant or contract under this sec19 tion shall include the following: 

20 ‘‘(1) With respect to the authority of the Cen21 ters for Disease Control and Prevention— 

22 ‘‘(A) research on the effects of domestic vi23 olence, dating violence, sexual assault, and 

24 childhood exposure to domestic, dating, or sex25 ual violence, on health behaviors, health condi-
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•S 1197 IS 

1 tions, and the health status of individuals, fami2 lies, and populations; and 

3 ‘‘(B) research and testing of best messages 

4 and strategies to mobilize public and health 

5 care provider action concerning the prevention 

6 of domestic, dating, or sexual violence; and 

7 ‘‘(2) With respect to the authority of the Agen8 cy for Healthcare Research and Quality— 

9 ‘‘(A) research on the impact on the health 

10 care system, health care utilization, health care 

11 costs, and health status of domestic and dating 

12 violence and childhood exposure to domestic 

13 and dating violence; and 

14 ‘‘(B) research on effective interventions 

15 within primary care and emergency health care 

16 settings and with health care settings that in17 clude clinical partnerships within community 

18 domestic violence providers for adults and chil19 dren exposed to domestic or dating violence. 

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

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

22 $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 N—Addressing the Hous12 ing Needs of Victims of Domes13 tic Violence, Dating Violence, 

14 Sexual Assault, and Stalking 

15 ‘‘SEC. 41401. FINDINGS. 

16 ‘‘Congress finds that: 

17 ‘‘(1) There is a strong link between domestic vi18 olence and homelessness. Among cities surveyed, 44 

19 percent identified domestic violence as a primary 

20 cause of homelessness. 

21 ‘‘(2) 92 percent of homeless women have experi22 enced severe physical or sexual abuse at some point 

23 in their lives. Of all homeless women and children, 

24 60 percent had been abused by age 12, and 63 per-
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1 cent have been victims of intimate partner violence 

2 as adults. 

3 ‘‘(3) Women and families across the country 

4 are being discriminated against, denied access to, 

5 and even evicted from public and subsidized housing 

6 because of their status as victims of domestic vio7 lence. 

8 ‘‘(4) A recent survey of legal service providers 

9 around the country found that these providers have 

10 responded to almost 150 documented eviction cases 

11 in the last year alone where the tenant was evicted 

12 because of the domestic violence crimes committed 

13 against her. In addition, nearly 100 clients were de14 nied housing because of their status as victims of 

15 domestic violence. 

16 ‘‘(5) Women who leave their abusers frequently 

17 lack adequate emergency shelter options. The lack of 

18 adequate emergency options for victims presents a 

19 serious threat to their safety and the safety of their 

20 children. Requests for emergency shelter by home21 less women with children increased by 78 percent of 

22 United States cities surveyed in 2004. In the same 

23 year, 32 percent of the requests for shelter by home24 less families went unmet due to the lack of available 

25 emergency shelter beds. 
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1 ‘‘(6) The average stay at an emergency shelter 

2 is 60 days, while the average length of time it takes 

3 a homeless family to secure housing is 6 to 10 

4 months. 

5 ‘‘(7) Victims of domestic violence often return 

6 to abusive partners because they cannot find long7 term housing. 

8 ‘‘(8) There are not enough Federal housing 

9 rent vouchers available to accommodate the number 

10 of people in need of long-term housing. Some people 

11 remain on the waiting list for Federal housing rent 

12 vouchers for years, while some lists are closed. 

13 ‘‘(9) Transitional housing resources and serv14 ices provide an essential continuum between emer15 gency shelter provision and independent living. A 

16 majority of women in transitional housing programs 

17 stated that had these programs not existed, they 

18 would have likely gone back to abusive partners. 

19 ‘‘(10) Because abusers frequently manipulate fi20 nances in an effort to control their partners, victims 

21 often lack steady income, credit history, landlord ref22 erences, and a current address, all of which are nec23 essary to obtain long-term permanent housing. 

24 ‘‘(11) Victims of domestic violence in rural 

25 areas face additional barriers, challenges, and 
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1 unique circumstances, such as geographical isolation, 

2 poverty, lack of public transportation systems, short3 ages of health care providers, under-insurance or 

4 lack of health insurance, difficulty ensuring con5 fidentiality in small communities, and decreased ac6 cess to many resources (such as advanced education, 

7 job opportunities, and adequate childcare). 

8 ‘‘(12) Congress and the Secretary of Housing 

9 and Urban Development have recognized in recent 

10 years that families experiencing domestic violence 

11 have unique needs that should be addressed by those 

12 administering the Federal housing programs. 

13 ‘‘SEC. 41402. PURPOSE. 

14 ‘‘The purpose of this subtitle is to reduce domestic 

15 violence, dating violence, sexual assault, and stalking, and 

16 to prevent homelessness by—

17 ‘‘(1) protecting the safety of victims of domestic 

18 violence, dating violence, sexual assault, and stalking 

19 who reside in homeless shelters, public housing, as20 sisted housing, Indian housing, or other emergency, 

21 transitional, permanent, or affordable housing, and 

22 ensuring that such victims have meaningful access to 

23 the criminal justice system without jeopardizing such 

24 housing; 
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1 ‘‘(2) creating long-term housing solutions that 

2 develop communities and provide sustainable living 

3 solutions for victims of domestic violence, dating vio4 lence, sexual assault, and stalking; 

5 ‘‘(3) building collaborations between victim 

6 service providers, homeless service providers, housing 

7 providers, and housing agencies to provide appro8 priate services, interventions, and training to ad9 dress the housing needs of victims of domestic vio10 lence, dating violence, sexual assault, and stalking; 

11 and 

12 ‘‘(4) enabling public and assisted housing agen13 cies, Indian housing authorities, private landlords, 

14 property management companies, and other housing 

15 providers and agencies to respond appropriately to 

16 domestic violence, dating violence, sexual assault, 

17 and stalking, while maintaining a safe environment 

18 for all housing residents. 

19 ‘‘SEC. 41403. DEFINITIONS. 

20 ‘‘For purposes of this subtitle—

21 ‘‘(1) the term ‘assisted housing’ means housing 

22 assisted—

23 ‘‘(A) under section 221(d)(3), section 

24 221(d)(4), or section 236 of the National Hous-
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•S 1197 IS 

1 ing Act (12 U.S.C. 1715l(d)(3), (d)(4), or 

2 1715z–1); 

3 ‘‘(B) under section 101 of the Housing 

4 and Urban Development Act of 1965 (12 

5 U.S.C. 1701s); or 

6 ‘‘(C) under section 8 of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437f); 

8 ‘‘(2) the term ‘continuum of care’ means a com9 munity plan developed to organize and deliver hous10 ing and services to meet the specific needs of people 

11 who are homeless as they move to stable housing 

12 and achieve maximum self-sufficiency; 

13 ‘‘(3) the term ‘Indian housing’ means housing 

14 assistance described in the Native American Hous15 ing Assistance and Self-Determination Act of 1996 

16 (25 U.S.C. 4101 et seq.); 

17 ‘‘(4) the term ‘low-income housing assistance 

18 voucher’ means housing assistance described in sec19 tion 8 of the United States Housing Act of 1937 (42 

20 U.S.C. 1437f); 

21 ‘‘(5) the term ‘public housing’ means housing 

22 described in section 3(b)(1) of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437a(b)(1)); 

24 ‘‘(6) the term ‘public housing agency’ means an 

25 agency described in section 3(b)(6) of the United 
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•S 1197 IS 

1 States Housing Act of 1937 (42 U.S.C. 

2 1437a(b)(6)); 

3 ‘‘(7) the terms ‘homeless’, ‘homeless individual’, 

4 and ‘homeless person’—

5 ‘‘(A) mean an individual who lacks a fixed, 

6 regular, and adequate nighttime residence; and 

7 ‘‘(B) includes—

8 ‘‘(i) an individual who—

9 ‘‘(I) is sharing the housing of 

10 other persons due to loss of housing, 

11 economic hardship, or a similar rea12 son; 

13 ‘‘(II) is living in a motel, hotel, 

14 trailer park, or campground due to 

15 the lack of alternative adequate ac16 commodations; 

17 ‘‘(III) is living in an emergency 

18 or transitional shelter; 

19 ‘‘(IV) is abandoned in a hospital; 

20 or 

21 ‘‘(V) is awaiting foster care 

22 placement; 

23 ‘‘(ii) an individual who has a primary 

24 nighttime residence that is a public or pri25 vate place not designed for or ordinarily 
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1 used as a regular sleeping accommodation 

2 for human beings; or 

3 ‘‘(iii) migratory children (as defined in 

4 section 1309 of the Elementary and Sec5 ondary Education Act of 1965; 20 U.S.C. 

6 6399) who qualify as homeless under this 

7 section because the children are living in 

8 circumstances described in this paragraph; 

9 and 

10 ‘‘(8) the term ‘homeless service provider’ means 

11 a nonprofit, nongovernmental homeless service pro12 vider, such as a homeless shelter, a homeless service 

13 or advocacy program, a tribal organization serving 

14 homeless individuals, or coalition or other nonprofit, 

15 nongovernmental organization carrying out a com16 munity-based homeless or housing program that has 

17 a documented history of effective work concerning 

18 homelessness. 

19 ‘‘SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG20 TERM HOUSING FOR VICTIMS. 

21 ‘‘(a) GRANTS AUTHORIZED.—

22 ‘‘(1) IN GENERAL.—The Secretary of Health 

23 and Human Services, acting through the Adminis24 tration on Children, Youth and Families (‘ACYF’), 

25 and in consultation with the Secretary of Housing 
155

•S 1197 IS 

1 and Urban Development, shall award grants and 

2 contracts for a period of not less than 2 years to eli3 gible entities to develop long-term housing options 

4 for adult and youth victims of domestic violence, 

5 dating violence, sexual assault, and stalking who are 

6 currently homeless or at risk for becoming homeless. 

7 ‘‘(2) AMOUNT.—The Secretary of Health and 

8 Human Services shall award—

9 ‘‘(A) grants for projects that do not in10 clude the cost of construction in amounts—

11 ‘‘(i) not less than $25,000 per year; 

12 and 

13 ‘‘(ii) not more than $350,000 per 

14 year; and 

15 ‘‘(B) grants for projects that do include 

16 the cost of construction in amounts—

17 ‘‘(i) not less than $75,000 per year; 

18 and 

19 ‘‘(ii) not more than $1,000,000 per 

20 year. 

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

22 a grant under this section, an entity shall demonstrate 

23 that it is a coalition or partnership, applying jointly, 

24 that—
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•S 1197 IS 

1 ‘‘(1) shall include a domestic violence victim 

2 service provider; 

3 ‘‘(2) shall include—

4 ‘‘(A) a homeless service provider; 

5 ‘‘(B) a nonprofit, nongovernmental com6 munity housing development organization or a 

7 Department of Agriculture rural housing service 

8 program; or 

9 ‘‘(C) in the absence of a homeless service 

10 provider on tribal lands or nonprofit, non11 governmental community housing development 

12 organization on tribal lands, an Indian housing 

13 authority or tribal housing consortium; 

14 ‘‘(3) may include a dating violence, sexual as15 sault, or stalking victim service provider; 

16 ‘‘(4) may include housing developers, housing 

17 corporations, State housing finance agencies, other 

18 housing agencies, and associations representing 

19 landlords; 

20 ‘‘(5) may include a public housing agency or In21 dian housing authority; 

22 ‘‘(6) may include tenant organizations in public 

23 or Indian housing, as well as nonprofit, nongovern24 mental tenant organizations; 
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•S 1197 IS 

1 ‘‘(7) may include other nonprofit, nongovern2 mental organizations participating in the Depart3 ment of Housing and Urban Development’s Con4 tinuum of Care process; 

5 ‘‘(8) may include a State, tribal, territorial, or 

6 local government or government agency; and 

7 ‘‘(9) may include any other such agencies or 

8 nonprofit, nongovernmental organizations with the 

9 capacity to provide effective help to adult and youth 

10 victims of domestic violence, dating violence, sexual 

11 assault, or stalking. 

12 ‘‘(c) APPLICATION.—

13 ‘‘(1) IN GENERAL.—Each eligible entity seeking 

14 a grant under this section shall submit an applica15 tion to the Secretary of Health and Human Services 

16 at such time, in such manner, and containing such 

17 information as the Secretary of Health and Human 

18 Services may require. 

19 ‘‘(2) CONTENTS.—Each application shall be 

20 submitted to the Secretary at such time, in such 

21 manner, and containing such information as the Sec22 retary may require. 

23 ‘‘(d) USE OF FUNDS.—Grants and contracts awarded 

24 to eligible entities pursuant to subsection (a) shall be used 

25 to design or replicate and implement new activities, serv-
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•S 1197 IS 

1 ices, and programs to develop long-term housing options 

2 for adult and youth victims of domestic violence, dating 

3 violence, sexual assault, or stalking, and their dependents, 

4 who are currently homeless or at risk of becoming home5 less. Such activities, services, or programs— 

6 ‘‘(1) shall participate in the Department of 

7 Housing and Urban Development’s Continuum of 

8 Care process, unless such a process does not exist in 

9 the community to be served; 

10 ‘‘(2) shall develop sustainable long-term housing 

11 in the community by—

12 ‘‘(A) coordinating efforts and resources 

13 among the various groups and organizations 

14 comprised in the entity to access existing pri15 vate and public funding; 

16 ‘‘(B) placing individuals and families in 

17 long-term housing; and 

18 ‘‘(C) providing services to help individuals 

19 or families find and maintain long-term hous20 ing, including financial and support assistance; 

21 ‘‘(3) may provide capital costs for the purchase, 

22 preconstruction, construction, renovation, repair, or 

23 conversion of affordable housing units; 
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•S 1197 IS 

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 linguistically and culturally 

12 specific services; 

13 ‘‘(2) give priority to applications from entities 

14 that include a sexual assault service provider as de15 scribed in subsection (b)(3); 

16 ‘‘(3) award a minimum of 15 percent of the 

17 funds appropriated under this section in any fiscal 

18 year to tribal organizations; and 

19 ‘‘(4) ensure that at least 2 of the grants award20 ed must fund projects that include construction con21 sistent with the purposes in subsection (a)(i). 

22 ‘‘(f) DEFINITIONS.—For purposes of this section—

23 ‘‘(1) the term ‘long-term housing’ means hous24 ing that is sustainable, accessible, affordable, and 

25 safe for the foreseeable future and is—
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•S 1197 IS 

1 ‘‘(A) rented or owned by the individual; 

2 ‘‘(B) subsidized by a voucher or other pro3 gram which is not time-limited and is available 

4 for as long as the individual meets the eligibility 

5 requirements for the voucher or program; or 

6 ‘‘(C) provided directly by a program, agen7 cy, or organization and is not time-limited and 

8 is available for as long as the individual meets 

9 the eligibility requirements for the program, 

10 agency, or organization; and 

11 ‘‘(2) the term ‘affordable housing’ means hous12 ing that complies with the conditions set forth in 

13 section 215 of the Cranston-Gonzalez National Af14 fordable Housing Act (42 U.S.C. 12745). 

15 ‘‘(g) EVALUATION, MONITORING, ADMINISTRATION, 

16 AND TECHNICAL ASSISTANCE.—For purposes of this sec17 tion—

18 ‘‘(1) up to 3 percent of the funds appropriated 

19 under subsection (h) for each fiscal year may be 

20 used by the Secretary of Health and Human Serv21 ices for evaluation, monitoring, and administration 

22 costs under this section; and 

23 ‘‘(2) up to 8 percent of the funds appropriated 

24 under subsection (h) for each fiscal year may be 
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•S 1197 IS 

1 used to provide technical assistance to grantees 

2 under this section. 

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

4 are authorized to be appropriated $10,000,000 for each 

5 of fiscal years 2006 through 2010 to carry out the provi6 sions of this section. 

7 ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST 

8 WOMEN IN PUBLIC AND ASSISTED HOUSING. 

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

10 assist eligible grantees in responding appropriately to do11 mestic violence, dating violence, sexual assault, and stalk12 ing so that the status of being a victim of such a crime 

13 is not a reason for the denial or loss of housing. Such 

14 assistance shall be accomplished through—

15 ‘‘(1) education and training of eligible entities; 

16 ‘‘(2) development and implementation of appro17 priate housing policies and practices; 

18 ‘‘(3) enhancement of collaboration with victim 

19 service providers and tenant organizations; and 

20 ‘‘(4) reduction of the number of victims of such 

21 crimes who are evicted or denied housing because of 

22 crimes and lease violations committed or directly 

23 caused by the perpetrators of such crimes. 

24 ‘‘(b) GRANTS AUTHORIZED.—
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•S 1197 IS 

1 ‘‘(1) IN GENERAL.—The Attorney General, act2 ing through the Director of the Violence Against 

3 Women Office of the Department of Justice (‘Direc4 tor’), and in consultation with the Secretary of 

5 Housing and Urban Development (‘Secretary’), and 

6 the Secretary of Health and Human Services, acting 

7 through the Administration for Children, Youth and 

8 Families (‘ACYF’), shall award grants and contracts 

9 for not less than 2 years to eligible grantees to pro10 mote the full and equal access to and use of housing 

11 by adult and youth victims of domestic violence, dat12 ing violence, sexual assault, and stalking. 

13 ‘‘(2) AMOUNTS.—Not less than 15 percent of 

14 the funds appropriated to carry out this section shall 

15 be available for grants to Indian housing authorities. 

16 ‘‘(3) AWARD BASIS.—The Attorney General 

17 shall award grants and contracts under this section 

18 on a competitive basis. 

19 ‘‘(4) LIMITATION.—Appropriated funds may 

20 only be used for the purposes described in sub21 sections (f) and (i). 

22 ‘‘(c) ELIGIBLE GRANTEES.—

23 ‘‘(1) IN GENERAL.—Eligible grantees are—

24 ‘‘(A) public housing agencies; 
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•S 1197 IS 

1 ‘‘(B) principally managed public housing 

2 resident management corporations, as deter3 mined by the Secretary; 

4 ‘‘(C) public housing projects owned by 

5 public housing agencies; 

6 ‘‘(D) agencies and authorities receiving as7 sistance under the Native American Housing 

8 Assistance and Self-Determination Act of 1996 

9 (25 U.S.C. 4101 et seq.); and 

10 ‘‘(E) private, for-profit, and nonprofit own11 ers or managers of assisted housing. 

12 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT13 EES.—To receive assistance under this section, an 

14 eligible grantee shall certify that—

15 ‘‘(A) its policies and practices do not pro16 hibit or limit a resident’s right to summon po17 lice or other emergency assistance in response 

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

20 ‘‘(B) programs and services are developed 

21 that give a preference in admission to adult and 

22 youth victims of such violence, consistent with 

23 local housing needs, and applicable law and the 

24 Secretary’s instructions; 
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•S 1197 IS 

1 ‘‘(C) it does not discriminate against any 

2 person—

3 ‘‘(i) because that person is or is per4 ceived to be, or has a family or household 

5 member who is or is perceived to be, a vic6 tim of such violence; or 

7 ‘‘(ii) because of the actions or threat8 ened actions of the individual who the vic9 tim, as certified in subsection (e), states 

10 has committed or threatened to commit 

11 acts of such violence against the victim, or 

12 against the victim’s family or household 

13 member; 

14 ‘‘(D) plans are developed that establish 

15 meaningful consultation and coordination with 

16 local victim service providers, tenant organiza17 tions, linguistically and culturally specific serv18 ice providers, State domestic violence and sex19 ual assault coalitions, and, where they exist, 

20 tribal domestic violence and sexual assault coa21 litions; and 

22 ‘‘(E) its policies and practices will be in 

23 compliance with those described in this para24 graph within the later of 1 year or a period se-
165

•S 1197 IS 

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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•S 1197 IS 

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-
167

•S 1197 IS 

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—
168

•S 1197 IS 

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 that demonstrates the causal con8 nection between such violence or abuse and the vic9 tims’ 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 children’s 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 unit, or assisted housing unit, wheth24 er in the same or a different neighborhood or juris25 diction; 
169

•S 1197 IS 

1 ‘‘(5) enabling the public housing agency, Indian 

2 housing authority, or assisted housing provider, or 

3 the victim, to remove, consistent with applicable 

4 State law, the perpetrator of domestic violence, dat5 ing violence, sexual assault, or stalking without 

6 evicting, removing, or otherwise penalizing the vic7 tim; 

8 ‘‘(6) enabling the public housing agency, Indian 

9 housing authority, or assisted housing provider to 

10 comply with court orders, including civil protection 

11 orders issued to protect the victim, when notified 

12 and issued to address the distribution or possession 

13 of property among the household members in cases 

14 where a family breaks up; 

15 ‘‘(7) developing and implementing more effec16 tive security policies, protocols, and services; 

17 ‘‘(8) allotting not more than 15 percent of 

18 funds awarded under the grant to make physical im19 provements; 

20 ‘‘(9) training all personnel to more effectively 

21 identify and respond to victims of domestic violence, 

22 dating violence, sexual assault, and stalking; and 

23 ‘‘(10) effectively providing notice to applicants 

24 and residents of the above housing policies, prac25 tices, and procedures. 
170

•S 1197 IS 

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

2 are authorized to be appropriated $10,000,000 for each 

3 of fiscal years 2006 through 2010 to carry out the provi4 sions of this section. 

5 ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of 

6 the amount appropriated under subsection (g) for each fis7 cal year shall be used by the Attorney General for tech8 nical assistance costs under this section.’’. 

9 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

10 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT11 ING VIOLENCE, SEXUAL ASSAULT, OR STALK12 ING. 

13 (a) IN GENERAL.—Section 40299 of the Violence 

14 Against Women Act of 1994 (42 U.S.C. 13975) is amend15 ed—

16 (1) in subsection (a)—

17 (A) by inserting ‘‘the Department of Hous18 ing and Urban Development, and the Depart19 ment of Health and Human Services,’’ after 

20 ‘‘Department of Justice,’’; 

21 (B) by inserting ‘‘, including domestic vio22 lence victim service providers, domestic violence 

23 coalitions, other nonprofit, nongovernmental or24 ganizations, or community-based and culturally 

25 specific organizations, that have a documented 
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•S 1197 IS 

1 history of effective work concerning domestic vi2 olence, dating violence, sexual assault, or stalk3 ing’’ after ‘‘other organizations’’; and 

4 (C) in paragraph (1), by inserting ‘‘, dat5 ing violence, sexual assault, or stalking’’ after 

6 ‘‘domestic violence’’; 

7 (2) in subsection (b)—

8 (A) by redesignating paragraphs (1) and 

9 (2) as paragraphs (2) and (3), respectively; 

10 (B) in paragraph (3), as redesignated, by 

11 inserting ‘‘, dating violence, sexual assault, or 

12 stalking’’ after ‘‘violence’’; 

13 (C) by inserting before paragraph (2), as 

14 redesignated, the following: 

15 ‘‘(1) transitional housing, or acquire land or 

16 buildings, or rehabilitate or construct buildings for 

17 the purpose of providing transitional housing to per18 sons described in subsection (a), including funding 

19 for—

20 ‘‘(A) the predevelopment cost and capital 

21 expenses involved in the development of transi22 tional housing; and 

23 ‘‘(B) the operating expenses of newly de24 veloped or existing transitional housing.’’; and 
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•S 1197 IS 

1 (D) in paragraph (3)(B) as redesignated, 

2 by inserting ‘‘Participation in the support serv3 ices shall be voluntary. Receipt of the benefits 

4 of the housing assistance described in para5 graph (2) shall not be conditioned upon the 

6 participation of the youth, adults, or their de7 pendents in any or all of the support services 

8 offered them.’’ after ‘‘assistance.’’; 

9 (3) in paragraph (1) of subsection (c), by strik10 ing ‘‘18 months’’ and inserting ‘‘24 months’’; 

11 (4) in subsection (d)(2)—

12 (A) by striking ‘‘and’’ at the end of sub13 paragraph (A); 

14 (B) by redesignating subparagraph (B) as 

15 subparagraph (C); and 

16 (C) by inserting after subparagraph (A) 

17 the following: 

18 ‘‘(B) provide assurances that any sup19 portive services offered to participants in pro20 grams developed under subsection (b)(3) are 

21 voluntary and that refusal to receive such serv22 ices shall not be grounds for termination from 

23 the program or eviction from the victim’s hous24 ing; and’’; 

25 (5) in subsection (e)(2)—
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•S 1197 IS 

1 (A) in subparagraph (A), by inserting 

2 ‘‘purpose and’’ before ‘‘amount’’; 

3 (B) in clause (ii) of subparagraph (C), by 

4 striking ‘‘and’’; 

5 (C) in subparagraph (D), by striking the 

6 period and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(E) the client population served and the 

10 number of individuals requesting services that 

11 the transitional housing program is unable to 

12 serve as a result of a lack of resources.’’; and 

13 (6) in subsection (g)—

14 (A) in paragraph (1), by striking 

15 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’; 

16 (B) in paragraph (1), by striking ‘‘2004’’ 

17 and inserting ‘‘2006’’; 

18 (C) in paragraph (1), by striking ‘‘2008.’’ 

19 and inserting ‘‘2010’’; 

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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•S 1197 IS 

1 (F) in paragraph (3), by adding at the end 

2 the following new subparagraphs: 

3 ‘‘(C) UNDERSERVED POPULATIONS.—

4 ‘‘(i) A minimum of 7 percent of the 

5 total amount appropriated in any fiscal 

6 year shall be allocated to tribal organiza7 tions serving adult and youth 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, ethnic, or other under13 served 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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•S 1197 IS 

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 child 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 child 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 child 

25 and adult victims of domestic violence, dating 
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•S 1197 IS 

1 violence, sexual assault, or stalking, to obtain or 

2 maintain housing; and 

3 ‘‘(C) any activities, services, or programs 

4 provided or offered by a public housing agency 

5 or Indian housing authority to prevent domestic 

6 violence, dating violence, sexual assault, and 

7 stalking, or to enhance victim safety in assisted 

8 families.’’. 

9 SEC. 604. HOUSING STRATEGIES. 

10 Section 105(b)(1) of the Cranston-Gonzalez National 

11 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is 

12 amended by inserting after ‘‘immunodeficiency syn13 drome,’’ the following: ‘‘victims of domestic violence, dat14 ing violence, sexual assault, and stalking’’. 

15 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME16 LESS ASSISTANCE ACT. 

17 Section 423 of the Stewart B. McKinney Homeless 

18 Assistance Act (42 U.S.C. 11383) is amended—

19 (1) by adding at the end of subsection (a) the 

20 following: 

21 ‘‘(8) CONFIDENTIALITY.—

22 ‘‘(A) IN GENERAL.—In the course of 

23 awarding grants or implementing programs 

24 under this subsection, the Secretary shall in25 struct any recipient or subgrantee not to dis-
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•S 1197 IS 

1 close to any person, agency, or entity any per2 sonally identifying information about any client 

3 where the Secretary, recipient, or subgrantee 

4 believes based upon reasonable evidence that 

5 the client is either a child or an adult victim of 

6 domestic violence, dating violence, sexual as7 sault, or stalking, or is the parent or guardian 

8 of a child victim of domestic violence, dating vi9 olence, sexual assault, or stalking. The Sec10 retary shall not require or ask a recipient or 

11 subgrantee of any other Federal or State pro12 gram to disclose personally identifying informa13 tion about any clients where the persons, agen14 cies, or entities implementing those programs 

15 believe, based upon reasonable evidence, that 

16 those clients either are child or adult victims of 

17 domestic violence, dating violence, sexual as18 sault, or stalking or are the parents or guard19 ians of child victims of domestic violence, dating 

20 violence, sexual assault, or stalking. The Sec21 retary shall instruct any recipient or subgrantee 

22 under this subsection or any recipient or sub23 grantee of any other Federal or State program 

24 participating in the Homeless Management In25 formation System that personally identifying in-
178

•S 1197 IS 

1 formation about any client may only be dis2 closed if the program seeking to disclose such 

3 information has obtained informed, reasonably 

4 time-limited, written consent from the client to 

5 whom the information relates. The Secretary 

6 may require or ask any recipient or subgrantee 

7 to share nonpersonally identifying data in the 

8 aggregate regarding services to clients and non9 personally identifying demographic information 

10 in order to comply with the data collection re11 quirements of the Homeless Management Infor12 mation System. 

13 ‘‘(B) PERSONALLY IDENTIFYING INFORMA14 TION OR PERSONAL INFORMATION.—The term 

15 ‘personally identifying information’ or ‘personal 

16 information’ means individually identifying in17 formation for or about an individual including 

18 information likely to disclose the location of a 

19 victim of domestic violence, dating violence, sex20 ual assault, or stalking, including—

21 ‘‘(i) a first and last name; 

22 ‘‘(ii) a home or other physical address; 

23 ‘‘(iii) contact information (including a 

24 postal, e-mail or Internet protocol address, 

25 or telephone or facsimile number); 
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•S 1197 IS 

1 ‘‘(iv) a social security number; and 

2 ‘‘(v) any other information, including 

3 date of birth, racial or ethnic background, 

4 or religious affiliation, that, in combination 

5 with any of clauses (i) through (iv), would 

6 serve to identify any individual.’’. 

7 SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING AS8 SISTANCE VOUCHER PROGRAM. 

9 Section 8 of the United States Housing Act of 1937 

10 (42 U.S.C. 1437f) is amended—

11 (1) in subsection (d)—

12 (A) in paragraph (1)(B)(ii), by inserting 

13 after ‘‘other good cause’’ the following: ‘‘, and 

14 that an incident or incidents of actual or 

15 threatened domestic violence, dating violence, or 

16 stalking will not be construed as a serious or 

17 repeated violation of the lease by the victim or 

18 threatened victim of that violence and will not 

19 be good cause for terminating a lease held by 

20 the victim of such violence’’; and 

21 (B) in paragraph (1)(B)(iii), by inserting 

22 after ‘‘termination of tenancy’’ the following: ‘‘, 

23 except that (I) criminal activity directly relating 

24 to domestic violence, dating violence, or stalk25 ing, engaged in by a member of a tenant’s 
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•S 1197 IS 

1 household or any guest or other person under 

2 the tenant’s control, shall not be cause for ter3 mination of the tenancy, if the tenant or imme4 diate member of the tenant’s family is a victim 

5 of domestic violence, dating violence, or stalking 

6 and, as a result, could not control or prevent 

7 the criminal activity; (II) nothing in subclause 

8 (I) may be construed to limit the authority of 

9 an owner or manager consistent with applicable 

10 State law to evict or the public housing agency 

11 or assisted housing provider to terminate vouch12 er assistance to individuals who engage in 

13 criminal acts of physical violence against family 

14 members or others; and (III) nothing in sub15 clause (I) may be construed to limit the author16 ity of an owner or manager to evict, or the pub17 lic housing agency or assisted housing provider 

18 to terminate, voucher assistance to any tenant 

19 if the owner, manager, public housing agency, 

20 or assisted housing provider can demonstrate 

21 an actual and imminent threat to the larger 

22 community if that tenant is not evicted or ter23 minated from assistance.’’; 

24 (2) in subsection (f)—

25 (A) in paragraph (6), by striking ‘‘and’’; 
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•S 1197 IS 

1 (B) in paragraph (7), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 paragraphs: 

5 ‘‘(8) the term ‘domestic violence’ has the same 

6 meaning given the term in section 2003 of title I of 

7 the Omnibus Crime Control and Safe Streets Act of 

8 1968 (42 U.S.C. 3796gg–2); 

9 ‘‘(9) the term ‘dating violence’ has the same 

10 meaning given the term in section 2003 of title I of 

11 the Omnibus Crime Control and Safe Streets Act of 

12 1968 (42 U.S.C. 3796gg–2); and 

13 ‘‘(10) the term ‘stalking’ means engaging in a 

14 course of conduct directed at a specific person that 

15 would cause a reasonable person to—

16 ‘‘(A) fear for his or her safety or the safety 

17 of others; or 

18 ‘‘(B) suffer significant emotional or phys19 ical distress; and 

20 ‘‘(11) the term ‘sexual assault’ has the same 

21 meaning given the term in section 2003 of title I of 

22 the Omnibus Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3796gg–2).’’; 

24 (3) in subsection (o)—
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•S 1197 IS 

1 (A) by inserting at the end of paragraph 

2 (6)(B) the following new sentence: ‘‘That an 

3 applicant is or is perceived to be, or has been 

4 or has been perceived to be, a victim of domes5 tic violence, dating violence, or stalking is not 

6 an appropriate basis for denial of program as7 sistance by a public housing authority.’’; 

8 (B) in paragraph (7)(C), by inserting after 

9 ‘‘other good cause’’ the following: ‘‘, and that 

10 an incident or incidents of actual or threatened 

11 domestic violence, dating violence, or stalking 

12 shall not be construed as a serious or repeated 

13 violation of the lease by the victim or threat14 ened victim of that violence and shall not be 

15 good cause for terminating a lease held by the 

16 victim of such violence’’; and 

17 (C) in paragraph (7)(D), by inserting after 

18 ‘‘termination of tenancy’’ the following: ‘‘; ex19 cept that (i) criminal activity relating directly 

20 to domestic violence, dating violence, or stalk21 ing, engaged in by a member of a tenant’s 

22 household or any guest or other person under 

23 the tenant’s control shall not be cause for ter24 mination of the tenancy, if the tenant or imme25 diate member of the tenant’s family is a victim 
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•S 1197 IS 

1 of domestic violence, dating violence, or stalking 

2 and, as a result, could not control or prevent 

3 the criminal activity; (ii) nothing in clause (i) 

4 may be construed to limit the authority of an 

5 owner or manager consistent with applicable 

6 State law to evict or the public housing agency 

7 or assisted housing provider to terminate vouch8 er assistance to individuals who engage in 

9 criminal acts of physical violence against family 

10 members or others; and (iii) nothing in clause 

11 (i) may be construed to limit the authority of 

12 an owner or manager to evict, or the public 

13 housing agency or assisted housing provider to 

14 terminate, voucher assistance to any tenant if 

15 the owner, manager, public housing agency, or 

16 assisted housing provider can demonstrate an 

17 actual and imminent threat to the larger com18 munity if that tenant is not evicted or termi19 nated from assistance.’’; 

20 (4) in subsection (r)(5), by inserting after ‘‘vio21 lation of a lease’’ the following: ‘‘, except that a fam22 ily may receive a voucher from a public housing 

23 agency and move to another jurisdiction under the 

24 tenant-based assistance program if the family has 

25 moved out of the assisted dwelling unit in order to 
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•S 1197 IS 

1 protect the health or safety of an individual who is 

2 or has been the victim of domestic violence, dating 

3 violence, or stalking and who reasonably believed he 

4 or she was imminently threatened by harm from fur5 ther violence if he or she remained in the assisted 

6 dwelling unit’’; and 

7 (5) by adding at the end the following new sub8 section: 

9 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.—

10 ‘‘(1) CERTIFICATION.—

11 ‘‘(A) IN GENERAL.—An owner, manager, 

12 public housing agency, or assisted housing pro13 vider responding to subsections (d)(1)(B(ii), 

14 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), and (r)(5) 

15 may request that an individual certify that the 

16 individual is a victim of domestic violence, dat17 ing violence, or stalking, and that the incident 

18 or incidents in question are bona fide incidents 

19 of such actual or threatened abuse and meet 

20 the requirements set forth in the aforemen21 tioned paragraphs. The individual shall provide 

22 a copy of such certification within a reasonable 

23 period of time after the owner, manager, public 

24 housing agency, or assisted housing provider re25 quests such certification. 
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•S 1197 IS 

1 ‘‘(B) CONTENTS.—An individual may sat2 isfy the certification requirement of subpara3 graph (A) by—

4 ‘‘(i) providing the requesting owner, 

5 manager, public housing agency, or as6 sisted housing provider with documentation 

7 signed by an employee, agent, or volunteer 

8 of a victim service provider, an attorney, a 

9 member of the clergy, a medical profes10 sional, or any other professional, from 

11 whom the victim has sought assistance in 

12 addressing domestic violence, dating vio13 lence, sexual assault, or stalking, or the ef14 fects of the abuse; or 

15 ‘‘(ii) producing a Federal, State, trib16 al, territorial, or local police or court 

17 record. 

18 ‘‘(C) LIMITATION.—Nothing in this sub19 section shall be construed to require an owner, 

20 manager, public housing agency, or assisted 

21 housing provider to demand that an individual 

22 produce official documentation or physical proof 

23 of the individual’s status as a victim of domes24 tic violence, dating violence, sexual assault, or 

25 stalking in order to receive any of the benefits 
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•S 1197 IS 

1 provided in this section. At their discretion, the 

2 owner, manager, public housing agency, or as3 sisted housing provider may provide benefits to 

4 an individual based solely on the individual’s 

5 statement or other corroborating evidence. 

6 ‘‘(2) CONFIDENTIALITY.—

7 ‘‘(A) IN GENERAL.—All information pro8 vided to an owner, manager, public housing 

9 agency, or assisted housing provider pursuant 

10 to paragraph (1), including the fact that an in11 dividual is a victim of domestic violence, dating 

12 violence, sexual assault, or stalking, shall be re13 tained in the strictest confidence by an owner, 

14 manager, public housing agency, or assisted 

15 housing provider, and shall neither be entered 

16 into any shared database nor provided to any 

17 related entity, except to the extent that disclo18 sure is—

19 ‘‘(i) requested or consented to by the 

20 individual in writing; or 

21 ‘‘(ii) otherwise required by applicable 

22 law. 

23 ‘‘(B) NOTIFICATION.—An individual must 

24 be notified of the limits of such confidentiality 

25 and informed in advance about circumstances 
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•S 1197 IS 

1 in which the person or entity will be compelled 

2 to disclose the individual’s information.’’. 

3 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO4 GRAM. 

5 Section 6 of the United States Housing Act of 1937 

6 (42 U.S.C. 1437d) is amended—

7 (1) in subsection (c), by redesignating para8 graph (3) and (4), as paragraphs (4) and (5), re9 spectively; 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) the public housing agency shall not deny 

13 admission to the project to any applicant on the 

14 basis that the applicant is or is perceived to be, or 

15 has been or has been perceived to be, a victim of do16 mestic violence, dating violence, or stalking’’; 

17 (3) in subsection (l)(5), by inserting after 

18 ‘‘other good cause’’ the following: ‘‘, and that an in19 cident or incidents of actual or threatened domestic 

20 violence, dating violence, or stalking will not be con21 strued as a serious or repeated violation of the lease 

22 by the victim or threatened victim of that violence 

23 and will not be good cause for terminating a lease 

24 held by the victim of such violence’’; 
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•S 1197 IS 

1 (4) in subsection (l)(6), by inserting after ‘‘ter2 mination of tenancy’’ the following: ‘‘; except that 

3 (A) criminal activity directly relating to domestic vi4 olence, dating violence, or stalking, engaged in by a 

5 member of a tenant’s household or any guest or 

6 other person under the tenant’s control, shall not be 

7 cause for termination of the tenancy, if the tenant 

8 or immediate member of the tenant’s family is a vic9 tim of domestic violence, dating violence, or stalking 

10 and, as a result, could not control or prevent the 

11 criminal activity; (B) nothing in subparagraph (A) 

12 may be construed to limit the authority of a public 

13 housing agency consistent with applicable State law 

14 to evict, or the public housing agency or assisted 

15 housing provider to terminate, voucher assistance to 

16 individuals who engage in criminal acts of physical 

17 violence against family members or others; and (C) 

18 nothing in subparagraph (A) may be construed to 

19 limit the authority of a public housing agency to ter20 minate the tenancy of any tenant if the public hous21 ing agency can demonstrate an actual and imminent 

22 threat to the larger community if that tenant’s ten23 ancy is not terminated.’’; and 

24 (5) by inserting at the end of subsection (t) the 

25 following new subsection: 
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•S 1197 IS 

1 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.—

2 ‘‘(1) CERTIFICATION.—

3 ‘‘(A) IN GENERAL.—A public housing 

4 agency responding to subsection (l) (5) and (6) 

5 may request that an individual certify that the 

6 individual is a victim of domestic violence, dat7 ing violence, or stalking, and that the incident 

8 or incidents in question are bona fide incidents 

9 of such actual or threatened abuse and meet 

10 the requirements set forth in the aforemen11 tioned paragraphs. The individual shall provide 

12 a copy of such certification within a reasonable 

13 period of time after the public housing agency 

14 requests such certification. 

15 ‘‘(B) CONTENTS.—An individual may sat16 isfy the certification requirement of subpara17 graph (A) by—

18 ‘‘(i) providing the requesting public 

19 housing agency with documentation signed 

20 by an employee, agent, or volunteer of a 

21 victim service provider, an attorney, a 

22 member of the clergy, a medical profes23 sional, or any other professional from 

24 whom the victim has sought assistance in 

25 addressing domestic violence, dating vio-
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•S 1197 IS 

1 lence, or stalking, or the effects of the 

2 abuse; or 

3 ‘‘(ii) producing a Federal, State, trib4 al, territorial, or local police or court 

5 record. 

6 ‘‘(C) LIMITATION.—Nothing in this sub7 section shall be construed to require any public 

8 housing agency to demand that an individual 

9 produce official documentation or physical proof 

10 of the individual’s status as a victim of domes11 tic violence, dating violence, or stalking in order 

12 to receive any of the benefits provided in this 

13 section. At the public housing agency’s discre14 tion, a public housing agency may provide bene15 fits to an individual based solely on the individ16 ual’s statement or other corroborating evidence. 

17 ‘‘(2) CONFIDENTIALITY.—

18 ‘‘(A) IN GENERAL.—All information pro19 vided to any public housing agency pursuant to 

20 paragraph (1), including the fact that an indi21 vidual is a victim of domestic violence, dating 

22 violence, or stalking, shall be retained in the 

23 strictest confidence by such public housing 

24 agency, and shall neither be entered into any 
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•S 1197 IS 

1 shared database nor provided to any related en2 tity, except to the extent that disclosure 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 ‘‘(3) DEFINITIONS.—For purposes of this sub13 section and subsection (l) (5) and (6)—

14 ‘‘(A) the term ‘domestic violence’ has the 

15 same meaning given the term in section 2003 

16 of title I of the Omnibus Crime Control and 

17 Safe Streets Act of 1968 (42 U.S.C. 3796gg–

18 2); 

19 ‘‘(B) the term ‘dating violence’ has the 

20 same meaning given the term in section 2003 

21 of title I of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (42 U.S.C. 3796gg–

23 2); and 
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•S 1197 IS 

1 ‘‘(C) the term ‘stalking’ means engaging in 

2 a course of conduct directed at a specific person 

3 that would cause a reasonable person to—

4 ‘‘(i) fear for his or her safety or the 

5 safety of others; or 

6 ‘‘(ii) suffer significant emotional dis7 tress.’’.

8 TITLE VII—PROVIDING ECO9 NOMIC SECURITY FOR VIC10 TIMS OF VIOLENCE 

11 SEC. 701. EMERGENCY LEAVE. 

12 (a) IN GENERAL.—The Violence Against Women Act 

13 of 1994 (Public Law 103–322; 108 Stat. 1902) is amend14 ed by adding after subtitle N the following: 

15 ‘‘Subtitle O—Assistance for Individ16 uals Experiencing Domestic or 

17 Sexual Violence 

18 ‘‘CHAPTER 1—EMERGENCY LEAVE 

19 ‘‘SEC. 41501. FINDINGS. 

20 ‘‘Congress makes the following findings: 

21 ‘‘(1) Violence against women is a leading cause 

22 of physical injury to women. Such violence has a 

23 devastating impact on women’s physical and emo24 tional health, financial security, and ability to main-
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•S 1197 IS 

1 tain their jobs, and thus impacts interstate com2 merce. 

3 ‘‘(2) Studies indicate that one of the best pre4 dictors of whether a victim of such violence will be 

5 able to stay away from her abuser is her degree of 

6 economic independence. However, domestic violence, 

7 dating violence, sexual assault, and stalking (re8 ferred to in this subtitle as ‘domestic or sexual vio9 lence’) often negatively impact victims’ ability to 

10 maintain employment. 

11 ‘‘(3) The Bureau of National Affairs has esti12 mated that domestic violence costs United States 

13 employers between $3,000,000,000 and 

14 $5,000,000,000 annually in lost time and produc15 tivity. Other reports have estimated that domestic 

16 violence costs United States employers between 

17 $5,800,000,000 and $13,000,000,000 annually. 

18 ‘‘(4) Ninety-four percent of corporate security 

19 and safety directors at companies nationwide rank 

20 domestic violence as a high security concern. 

21 ‘‘(5) Abusers frequently seek to exert financial 

22 control over their partners by actively interfering 

23 with the ability of their partners to work, including 

24 preventing their partners from going to work, 

25 harassing their partners at work, limiting the access 
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•S 1197 IS 

1 of their partners to cash or transportation, and sab2 otaging the child care arrangements of their part3 ners. 

4 ‘‘(6) Studies indicate that between 35 and 56 

5 percent of employed battered women surveyed were 

6 harassed at work by their abusers. 

7 ‘‘(7) Victims of domestic violence also fre8 quently miss work due to injuries, court proceedings, 

9 and safety concerns requiring legal protections. Vic10 tims of intimate partner violence lose 8,000,000 

11 days of paid work each year—the equivalent of over 

12 32,000 full-time jobs and 5,600,000 days of house13 hold productivity. 

14 ‘‘(8) According to a 1998 report of the Govern15 ment Accountability Office, between 25 percent and 

16 50 percent of victims of domestic violence surveyed 

17 reported that the victims lost a job due, at least in 

18 part, to domestic violence. 

19 ‘‘(9) Women who have experienced domestic vi20 olence or dating violence are more likely than other 

21 women to be unemployed, to suffer from health 

22 problems that can affect employability and job per23 formance, to report lower personal income, and to 

24 rely on welfare. 
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•S 1197 IS 

1 ‘‘(10) Domestic violence also affects abusers’ 

2 ability to work. A recent study found that 48 per3 cent of abusers reported having difficulty concen4 trating at work and 42 percent reported being late 

5 to work. 78 percent reported using their own com6 pany’s resources in connection with the abusive rela7 tionship. 

8 ‘‘(11) About 36,500 individuals, 80 percent of 

9 whom are women, were raped or sexually assaulted 

10 in the workplace each year from 1993 through 1999. 

11 Half of all female victims of violent workplace crimes 

12 know their abusers. Nearly 1 out of 10 violent work13 place incidents are committed by spouses or other 

14 partners. 

15 ‘‘(12) Sexual assault, whether occurring in or 

16 out of the workplace, can impair an employee’s work 

17 performance, require time away from work, and un18 dermine the employee’s ability to maintain a job. Al19 most 50 percent of sexual assault victims lose their 

20 jobs or are forced to quit in the aftermath of the as21 saults. 

22 ‘‘(13) More than 35 percent of stalking victims 

23 report losing time from work due to the stalking and 

24 7 percent never return to work. 
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•S 1197 IS 

1 ‘‘(14) Five States provide victims of domestic or 

2 sexual violence with leave from work to attend court 

3 proceedings, to go to the doctor, or to take other 

4 steps to address the violence in their lives, and sev5 eral other States provide time off to victims of 

6 crimes, which can include victims of domestic or sex7 ual violence, to attend court proceedings. 

8 ‘‘SEC. 41502. PURPOSES. 

9 ‘‘The purposes of this chapter are, pursuant to the 

10 affirmative power of Congress to enact legislation under 

11 the portions of section 8 of article I of the Constitution 

12 relating to providing for the general welfare and to regula13 tion of commerce among the several States, and under sec14 tion 5 of the 14th amendment to the Constitution—

15 ‘‘(1) to promote the national interest in reduc16 ing domestic or sexual violence by enabling victims 

17 of domestic or sexual violence to maintain the finan18 cial independence necessary to leave abusive situa19 tions, achieve safety, and minimize the physical and 

20 emotional injuries from domestic or sexual violence, 

21 and to reduce the devastating economic con22 sequences of domestic or sexual violence to employ23 ers and employees; 

24 ‘‘(2) to promote the national interest in ensur25 ing that victims of domestic or sexual violence can 
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•S 1197 IS 

1 recover from and cope with the effects of such vio2 lence, and participate in criminal and civil justice 

3 processes, without fear of adverse economic con4 sequences; 

5 ‘‘(3) to reduce the negative impact on interstate 

6 commerce produced by dislocations of employees and 

7 harmful effects on productivity, employment, health 

8 care costs, and employer costs, caused by domestic 

9 or sexual violence, including related intentional ef10 forts to frustrate women’s ability to participate in 

11 employment and interstate commerce; and 

12 ‘‘(4) to enforce the 14th amendment’s guar13 antee of equal protection of the laws by—

14 ‘‘(A) preventing and remedying sex-based 

15 discrimination and discrimination against vic16 tims of domestic and sexual violence in employ17 ment leave by addressing the failure of existing 

18 laws to protect the employment rights of women 

19 and such victims; and 

20 ‘‘(B) thus furthering the equal opportunity 

21 of women for economic self-sufficiency and em22 ployment free from discrimination. 

23 ‘‘SEC. 41503. DEFINITIONS. 

24 ‘‘In this title, except as otherwise expressly provided: 
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•S 1197 IS 

1 ‘‘(1) COMMERCE.—The terms ‘commerce’ and 

2 ‘industry or activity affecting commerce’ have the 

3 meanings given the terms in section 101 of the 

4 Family and Medical Leave Act of 1993 (29 U.S.C. 

5 2611). 

6 ‘‘(2) ELECTRONIC COMMUNICATIONS.—The 

7 term ‘electronic communications’ includes commu8 nications via telephone (including mobile phone), 

9 computer, e-mail, video recorder, fax machine, telex, 

10 or pager. 

11 ‘‘(3) EMPLOY; STATE.—The terms ‘employ’ and 

12 ‘State’ have the meanings given the terms in section 

13 3 of the Fair Labor Standards Act of 1938 (29 

14 U.S.C. 203). 

15 ‘‘(4) EMPLOYEE.—

16 ‘‘(A) IN GENERAL.—The term ‘employee’ 

17 means any person employed by an employer. In 

18 the case of an individual employed by a public 

19 agency, such term means an individual em20 ployed as described in section 3(e)(2) of the 

21 Fair Labor Standards Act of 1938 (29 U.S.C. 

22 203(e)(2)). 

23 ‘‘(B) BASIS.—The term includes a person 

24 employed as described in subparagraph (A)—

25 ‘‘(i) on a full- or part-time basis; or 
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•S 1197 IS 

1 ‘‘(ii) as a participant in a work as2 signment as a condition of receipt of Fed3 eral or State income-based public assist4 ance. 

5 ‘‘(5) EMPLOYER.—The term ‘employer’—

6 ‘‘(A) means any person engaged in com7 merce or in any industry or activity affecting 

8 commerce who employs 50 or more individuals 

9 for each working day during each of the 20 or 

10 more calendar weeks in the current or pre11 ceding calendar year; 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 that employs individuals as described in sec16 tion 3(e)(2) of the Fair Labor Standards Act of 

17 1938, but does not include any labor organiza18 tion (other than when acting as an employer) or 

19 anyone acting in the capacity of officer or agent 

20 of such labor organization. 

21 ‘‘(6) EMPLOYMENT BENEFITS.—The term ‘em22 ployment benefits’ means all benefits provided or 

23 made available to employees by an employer (includ24 ing group life insurance, health insurance, disability 

25 insurance, sick leave, annual leave, educational bene-
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•S 1197 IS 

1 fits, and pensions), regardless of whether such bene2 fits are provided or made available by a practice or 

3 written policy of an employer or through an ‘em4 ployee benefit plan’, as defined in section 3(3) of the 

5 Employee Retirement Income Security Act of 1974 

6 (29 U.S.C. 1002(3)). 

7 ‘‘(7) FAMILY OR HOUSEHOLD MEMBER.—The 

8 term ‘family or household member’, used with re9 spect to an individual, means a nonabusive spouse, 

10 former spouse, parent, son or daughter, or person 

11 residing or formerly residing in the same dwelling 

12 unit as the individual. 

13 ‘‘(8) PARENT; SON OR DAUGHTER.—The terms 

14 ‘parent’ and ‘son or daughter’ have the meanings 

15 given the terms in section 101 of the Family and 

16 Medical Leave Act of 1993 (29 U.S.C. 2611). 

17 ‘‘(9) PERSON.—The term ‘person’ has the 

18 meaning given the term in section 3 of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 203). 

20 ‘‘(10) PUBLIC AGENCY.—The term ‘public 

21 agency’ has the meaning given the term in section 

22 3 of the Fair Labor Standards Act of 1938 (29 

23 U.S.C. 203). 

24 ‘‘(11) PUBLIC ASSISTANCE.—The term ‘public 

25 assistance’ includes cash, food stamps, medical as-
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•S 1197 IS 

1 sistance, housing assistance, and other benefits pro2 vided on the basis of income by a public agency. 

3 ‘‘(12) REDUCED LEAVE SCHEDULE.—The term 

4 ‘reduced leave schedule’ means a leave schedule that 

5 reduces the usual number of hours per workweek, or 

6 hours per workday, of an employee.

7 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

8 means the Secretary of Labor. 

9 ‘‘SEC. 41504. ENTITLEMENT TO EMERGENCY LEAVE FOR AD10 DRESSING DOMESTIC OR SEXUAL VIOLENCE. 

11 ‘‘(a) LEAVE REQUIREMENT.— 

12 ‘‘(1) BASIS.—An employee who is a victim of 

13 domestic or sexual violence may take leave from 

14 work to address domestic or sexual violence, by—

15 ‘‘(A) seeking medical attention for, or re16 covering from, physical or psychological injuries 

17 caused by domestic or sexual violence to the 

18 employee or the employee’s family or household 

19 member; 

20 ‘‘(B) obtaining emergency housing, tem21 porary or permanent, or taking other actions to 

22 increase the safety of the employee or the em23 ployee’s family or household member; or

24 ‘‘(C) seeking legal or law enforcement as25 sistance or remedies to ensure the health and 
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•S 1197 IS 

1 safety of the employee or the employee’s family 

2 or household member, including preparing for 

3 or participating in any civil or criminal legal 

4 proceeding related to or derived from domestic 

5 or sexual violence. 

6 ‘‘(2) PERIOD.—An employee may take not more 

7 than 10 days of leave, as described in paragraph (1), 

8 in any 12-month period. 

9 ‘‘(3) SCHEDULE.—Leave described in para10 graph (1) may be taken intermittently or on a re11 duced leave schedule. 

12 ‘‘(b) NOTICE.—The employee shall provide the em13 ployer with reasonable notice of the employee’s intention 

14 to take the leave, unless providing such notice is not prac15 ticable. 

16 ‘‘(c) CERTIFICATION.—

17 ‘‘(1) IN GENERAL.—The employer may require 

18 the employee to provide certification to the employer, 

19 within a reasonable period after the employer re20 quires the certification, that—

21 ‘‘(A) the employee or the employee’s family 

22 or household member is a victim of domestic or 

23 sexual violence; and 

24 ‘‘(B) the leave is for 1 of the purposes de25 scribed in subsection (a)(1). 
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•S 1197 IS 

1 ‘‘(2) CONTENTS.—An employee may satisfy the 

2 certification requirement of paragraph (1) by pro3 viding to the employer—

4 ‘‘(A) documentation from an employee, 

5 agent, or volunteer of a victim service provider, 

6 an attorney, a member of the clergy, or a med7 ical or other professional, from whom the em8 ployee or the employee’s family or household 

9 member has sought assistance in addressing do10 mestic or sexual violence and the effects of the 

11 violence; 

12 ‘‘(B) a police or court record; or 

13 ‘‘(C) other corroborating evidence. 

14 ‘‘(d) CONFIDENTIALITY.—All information provided to 

15 the employer pursuant to subsection (b) or (c), and the 

16 fact that the employee has requested or obtained leave 

17 pursuant to this section, shall be retained in the strictest 

18 confidence by the employer, except to the extent that dis19 closure is—

20 ‘‘(1) requested or consented to by the employee 

21 in writing; or 

22 ‘‘(2) otherwise required by applicable Federal or 

23 State law. 

24 ‘‘(e) EMPLOYMENT AND BENEFITS.—

25 ‘‘(1) RESTORATION TO POSITION.—
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•S 1197 IS 

1 ‘‘(A) IN GENERAL.—Except as provided in 

2 paragraph (2), any employee who takes leave 

3 under this section for the intended purpose of 

4 the leave shall be entitled, on return from such 

5 leave—

6 ‘‘(i) to be restored by the employer to 

7 the position of employment held by the em8 ployee when the leave commenced; or 

9 ‘‘(ii) to be restored to an equivalent 

10 position with equivalent employment bene11 fits, pay, and other terms and conditions of 

12 employment. 

13 ‘‘(B) LOSS OF BENEFITS.—The taking of 

14 leave under this section shall not result in the 

15 loss of any employment benefit accrued prior to 

16 the date on which the leave commenced. 

17 ‘‘(C) LIMITATIONS.—Nothing in this sub18 section shall be construed to entitle any re19 stored employee to—

20 ‘‘(i) the accrual of any seniority or 

21 employment benefits during any period of 

22 leave; or 

23 ‘‘(ii) any right, benefit, or position of 

24 employment other than any right, benefit, 

25 or position to which the employee would 
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•S 1197 IS 

1 have been entitled had the employee not 

2 taken the leave.

3 ‘‘(D) CONSTRUCTION.—Nothing in this 

4 paragraph shall be construed to prohibit an em5 ployer from requiring an employee on leave 

6 under this section to report periodically to the 

7 employer on the status and intention of the em8 ployee to return to work. 

9 ‘‘(2) EXEMPTION CONCERNING CERTAIN HIGH10 LY COMPENSATED EMPLOYEES.—

11 ‘‘(A) DENIAL OF RESTORATION.—An em12 ployer may deny restoration under paragraph 

13 (1) to any employee described in subparagraph 

14 (B) if—

15 ‘‘(i) such denial is necessary to pre16 vent substantial and grievous economic in17 jury to the operations of the employer; 

18 ‘‘(ii) the employer notifies the em19 ployee of the intent of the employer to 

20 deny restoration on such basis at the time 

21 the employer determines that such injury 

22 would occur; and 

23 ‘‘(iii) in any case in which the leave 

24 has commenced, the employee elects not to 
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•S 1197 IS 

1 return to employment after receiving such 

2 notice. 

3 ‘‘(B) AFFECTED EMPLOYEES.—An em4 ployee referred to in subparagraph (A) is a sal5 aried employee who is among the highest paid 

6 25 percent of the employees employed by the 

7 employer within 75 miles of the facility at 

8 which the employee is employed. 

9 ‘‘(3) MAINTENANCE OF HEALTH BENEFITS.—

10 ‘‘(A) COVERAGE.—Except as provided in 

11 subparagraph (B), during any period that an 

12 employee takes leave under this section, the em13 ployer shall maintain coverage under any group 

14 health plan (as defined in section 5000(b)(1) of 

15 the Internal Revenue Code of 1986) for the du16 ration of such leave at the level and under the 

17 conditions coverage would have been provided if 

18 the employee had continued in employment con19 tinuously for the duration of such leave.

20 ‘‘(B) FAILURE TO RETURN FROM

21 LEAVE.—The employer may recover the pre22 mium that the employer paid for maintaining 

23 coverage for the employee under such group 

24 health plan during any period of leave under 

25 this section if—
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1 ‘‘(i) the employee fails to return from 

2 leave under this section after the period of 

3 leave to which the employee is entitled for 

4 the domestic or sexual violence involved 

5 has expired; and 

6 ‘‘(ii) the employee fails to return to 

7 work for a reason other than the continu8 ation or recurrence of domestic or sexual 

9 violence, that entitles the employee to leave 

10 pursuant to this section. 

11 ‘‘(C) CERTIFICATION.—An employer may 

12 require an employee who claims that the em13 ployee is unable to return to work because of a 

14 reason described in subparagraph (B)(ii) to 

15 provide, within a reasonable period after mak16 ing the claim, certification to the employer that 

17 the employee is unable to return to work be18 cause of that reason. 

19 ‘‘(D) CONFIDENTIALITY.—All information 

20 provided to the employer pursuant to subpara21 graph (C), and the fact that the employee is not 

22 returning to work because of a reason described 

23 in subparagraph (B)(ii), shall be retained in the 

24 strictest confidence by the employer, except to 

25 the extent that disclosure is—
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•S 1197 IS 

1 ‘‘(i) requested or consented to by the 

2 employee in writing; or 

3 ‘‘(ii) otherwise required by applicable 

4 Federal or State law.

5 ‘‘(f) PROHIBITED ACTS.—

6 ‘‘(1) INTERFERENCE WITH RIGHTS.—

7 ‘‘(A) EXERCISE OF RIGHTS.—It shall be 

8 unlawful for any employer to interfere with, re9 strain, or deny the exercise of or the attempt to 

10 exercise, any right provided under this section. 

11 ‘‘(B) EMPLOYER DISCRIMINATION.—It 

12 shall be unlawful for any employer to discharge 

13 or harass any individual, or otherwise discrimi14 nate against any individual with respect to com15 pensation, terms, conditions, or privileges of 

16 employment of the individual (including retalia17 tion in any form or manner) because the indi18 vidual—

19 ‘‘(i) exercised any right provided 

20 under this section; or 

21 ‘‘(ii) opposed any practice made un22 lawful by this section. 

23 ‘‘(2) INTERFERENCE WITH PROCEEDINGS OR

24 INQUIRIES.—It shall be unlawful for any person to 

25 discharge or in any other manner discriminate (as 
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•S 1197 IS 

1 described in paragraph (1)(B)) against any indi2 vidual because such individual—

3 ‘‘(A) has filed any charge, or has instituted 

4 or caused to be instituted any proceeding, 

5 under or related to this section; 

6 ‘‘(B) has given, or is about to give, any in7 formation in connection with any inquiry or 

8 proceeding relating to any right provided under 

9 this section; or 

10 ‘‘(C) has testified, or is about to testify, in 

11 any inquiry or proceeding relating to any right 

12 provided under this section. 

13 ‘‘(g) ENFORCEMENT.—

14 ‘‘(1) CIVIL ACTION BY AFFECTED INDIVID15 UALS.—

16 ‘‘(A) LIABILITY.—Any employer that vio17 lates subsection (f) shall be liable to any indi18 vidual affected— 

19 ‘‘(i) for damages equal to—

20 ‘‘(I) the amount of—

21 ‘‘(aa) any wages, salary, em22 ployment benefits, public assist23 ance, or other compensation de24 nied or lost to such individual by 

25 reason of the violation; or 
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•S 1197 IS 

1 ‘‘(bb) in a case in which 

2 wages, salary, employment bene3 fits, public assistance, or other 

4 compensation has not been de5 nied or lost to the individual, any 

6 actual monetary losses sustained 

7 by the individual as a direct re8 sult of the violation; 

9 ‘‘(II) the interest on the amount 

10 described in subclause (I) calculated 

11 at the prevailing rate; and 

12 ‘‘(III) an additional amount as 

13 liquidated damages equal to the sum 

14 of the amount described in subclause 

15 (I) and the interest described in sub16 clause (II), except that if an employer 

17 that has violated subsection (f) proves 

18 to the satisfaction of the court that 

19 the act or omission that violated sub20 section (f) was in good faith and that 

21 the employer had reasonable grounds 

22 for believing that the act or omission 

23 was not a violation of subsection (f), 

24 such court may, in the discretion of 

25 the court, reduce the amount of the li-
211

•S 1197 IS 

1 ability to the amount and interest de2 termined under subclauses (I) and 

3 (II), respectively; and

4 ‘‘(ii) for such equitable relief as may 

5 be appropriate, including employment, re6 instatement, and promotion. 

7 ‘‘(B) RIGHT OF ACTION.—An action to re8 cover the damages or equitable relief prescribed 

9 in subparagraph (A) may be maintained against 

10 any employer in any Federal or State court of 

11 competent jurisdiction by any 1 or more af12 fected individuals for and on behalf of—

13 ‘‘(i) the individuals; or

14 ‘‘(ii) the individuals and other individ15 uals similarly situated. 

16 ‘‘(C) FEES AND COSTS.—The court in such 

17 an action shall, in addition to any judgment 

18 awarded to the plaintiff, allow a reasonable at19 torney’s fee, reasonable expert witness fees, and 

20 other costs of the action to be paid by the de21 fendant. 

22 ‘‘(D) LIMITATIONS.—The right provided 

23 by subparagraph (B) to bring an action by or 

24 on behalf of any affected individual shall termi25 nate—
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•S 1197 IS 

1 ‘‘(i) on the filing of a complaint by 

2 the Secretary in an action under para3 graph (4) in which restraint is sought of 

4 any further delay in the payment of the 

5 amount described in subparagraph (A)(i) 

6 to such individual by an employer respon7 sible under subparagraph (A) for the pay8 ment; or 

9 ‘‘(ii) on the filing of a complaint by 

10 the Secretary in an action under para11 graph (2) in which a recovery is sought of 

12 the damages described in subparagraph 

13 (A)(i) owing to an affected individual by 

14 an employer liable under subparagraph 

15 (A), 

16 unless the action described in clause (i) or (ii) 

17 is dismissed without prejudice on motion of the 

18 Secretary. 

19 ‘‘(2) ACTION BY THE SECRETARY.—

20 ‘‘(A) ADMINISTRATIVE ACTION.—The Sec21 retary shall receive, investigate, and attempt to 

22 resolve complaints of violations of subsection (f) 

23 in the same manner as the Secretary receives, 

24 investigates, and attempts to resolve complaints 

25 of violations of sections 6 and 7 of the Fair 
213

•S 1197 IS 

1 Labor Standards Act of 1938 (29 U.S.C. 206 

2 and 207). 

3 ‘‘(B) CIVIL ACTION.—The Secretary may 

4 bring an action in any court of competent juris5 diction to recover the damages described in 

6 paragraph (1)(A)(i). 

7 ‘‘(C) SUMS RECOVERED.—Any sums recov8 ered by the Secretary pursuant to subparagraph 

9 (B) shall be held in a special deposit account 

10 and shall be paid, on order of the Secretary, di11 rectly to each individual affected. Any such 

12 sums not paid to such an individual because of 

13 inability to do so within a period of 3 years 

14 shall be deposited into the Treasury of the 

15 United States as miscellaneous receipts. 

16 ‘‘(3) LIMITATION.—

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), an action may be brought 

19 under this subsection not later than 2 years 

20 after the date of the last event constituting the 

21 alleged violation for which the action is brought. 

22 ‘‘(B) WILLFUL VIOLATION.—In the case of 

23 such action brought for a willful violation of 

24 subsection (f), such action may be brought 

25 within 3 years after the date of the last event 
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•S 1197 IS 

1 constituting the alleged violation for which such 

2 action is brought. 

3 ‘‘(C) COMMENCEMENT.—In determining 

4 when an action is commenced by the Secretary 

5 under this subsection for the purposes of this 

6 paragraph, it shall be considered to be com7 menced on the date when the complaint is filed. 

8 ‘‘(4) ACTION FOR INJUNCTION BY SEC9 RETARY.—The district courts of the United States 

10 shall have jurisdiction, for cause shown, in an action 

11 brought by the Secretary—

12 ‘‘(A) to restrain violations of subsection 

13 (f), including the restraint of any withholding of 

14 payment of wages, salary, employment benefits, 

15 public assistance, or other compensation, plus 

16 interest, found by the court to be due to af17 fected individuals; or 

18 ‘‘(B) to award such other equitable relief 

19 as may be appropriate, including employment, 

20 reinstatement, and promotion. 

21 ‘‘(5) SOLICITOR OF LABOR.—The Solicitor of 

22 Labor may appear for and represent the Secretary 

23 on any litigation brought under this subsection. 

24 ‘‘(6) EMPLOYER LIABILITY UNDER OTHER

25 LAWS.—Nothing in this section shall be construed to 
215

•S 1197 IS 

1 limit the liability of an employer to an individual, for 

2 harm suffered relating to the individual’s experience 

3 of domestic or sexual violence, pursuant to any other 

4 Federal or State law, including a law providing for 

5 a legal remedy. 

6 ‘‘(7) LIBRARY OF CONGRESS.—Notwithstanding 

7 any other provision of this subsection, in the case of 

8 the Library of Congress, the authority of the Sec9 retary under this subsection shall be exercised by the 

10 Librarian of Congress. 

11 ‘‘(8) CERTAIN PUBLIC AGENCIES.—

12 ‘‘(A) AGENCIES.—Notwithstanding any 

13 other provision of this subsection, in the case of 

14 a public agency that employs individuals as de15 scribed in subparagraph (A) or (B) of section 

16 3(e)(2) of the Fair Labor Standards Act of 

17 1938 (29 U.S.C. 203(e)(2)) (other than an en18 tity of the legislative branch of the Federal 

19 Government), subparagraph (B) shall apply. 

20 ‘‘(B) AUTHORITY.—In the case described 

21 in subparagraph (A), the powers, remedies, and 

22 procedures provided in title 5, United States 

23 Code, to an employing agency, provided in 

24 chapter 12 of that title to the Merit Systems 

25 Protection Board, or provided in that title to 
216

•S 1197 IS 

1 any person, alleging a violation of chapter 63 of 

2 that title, shall be the powers, remedies, and 

3 procedures this chapter provides to that agency, 

4 that Board, or any person, respectively, alleging 

5 a violation of subsection (f) against an employee 

6 who is such an individual. 

7 ‘‘SEC. 41505. EXISTING LEAVE USABLE FOR ADDRESSING 

8 DOMESTIC OR SEXUAL VIOLENCE. 

9 ‘‘An employee who is entitled to take paid or unpaid 

10 leave (including family, medical, sick, annual, personal, or 

11 similar leave) from employment, pursuant to Federal, 

12 State, or local law, a collective bargaining agreement, or 

13 an employment benefits program or plan, may elect to 

14 substitute any period of such leave for an equivalent pe15 riod of leave provided under section 41504. 

16 ‘‘SEC. 41506. EMERGENCY BENEFITS. 

17 ‘‘(a) IN GENERAL.—A State may use funds provided 

18 to the State under part A of title IV of the Social Security 

19 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short20 term emergency benefits to an individual for any period 

21 of leave the individual takes pursuant to section 41504. 

22 ‘‘(b) ELIGIBILITY.—In calculating the eligibility of an 

23 individual for such emergency benefits, the State shall 

24 count only the cash available or accessible to the indi25 vidual. 
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•S 1197 IS 

1 ‘‘(c) TIMING.—

2 ‘‘(1) APPLICATIONS.—An individual seeking 

3 emergency benefits under subsection (a) from a 

4 State shall submit an application to the State. 

5 ‘‘(2) BENEFITS.—The State shall provide bene6 fits to an eligible applicant under paragraph (1) on 

7 an expedited basis, and not later than 7 days after 

8 the applicant submits an application under para9 graph (1). 

10 ‘‘SEC. 41507. EFFECT ON OTHER LAWS AND EMPLOYMENT 

11 BENEFITS. 

12 ‘‘(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO13 GRAMS, AND PLANS.—Nothing in this chapter shall be 

14 construed to supersede any provision of any Federal, 

15 State, or local law, collective bargaining agreement, or em16 ployment benefits program or plan that provides—

17 ‘‘(1) greater leave benefits for victims of domes18 tic or sexual violence than the rights established 

19 under this chapter; or 

20 ‘‘(2) leave benefits for a larger population of 

21 victims of domestic or sexual violence (as defined in 

22 such law, agreement, program, or plan) than the vic23 tims of domestic or sexual violence covered under 

24 this chapter. 
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•S 1197 IS 

1 ‘‘(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO2 GRAMS, AND PLANS.—The rights established for victims 

3 of domestic or sexual violence under this chapter shall not 

4 be diminished by any State or local law, collective bar5 gaining agreement, or employment benefits program or 

6 plan. 

7 ‘‘SEC. 41508. REGULATIONS AND NOTIFICATION. 

8 ‘‘(a) IN GENERAL.—Except as provided in sub9 sections (b) and (c), the Secretary shall issue regulations 

10 to carry out this chapter. The regulations shall include 

11 regulations requiring every employer to post and keep 

12 posted, in conspicuous places on the premises of the em13 ployer where notices to employees are customarily posted, 

14 a notice, to be prepared or approved by the Secretary, 

15 summarizing the provisions of this chapter and providing 

16 information on procedures for filing complaints of viola17 tions. The Secretary shall develop such a notice and pro18 vide copies of such notice to employers upon request with19 out charge. 

20 ‘‘(b) LIBRARY OF CONGRESS.—The Librarian of 

21 Congress shall prescribe the regulations described in sub22 section (a) with respect to employees of the Library of 

23 Congress. 

24 ‘‘(c) CERTAIN PUBLIC AGENCIES.—The head of a 

25 public agency that employs individuals as described in sub-
219

•S 1197 IS 

1 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

2 Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 

3 an entity of the legislative branch of the Federal Govern4 ment) shall prescribe the regulations described in sub5 section (a) with respect to those individuals.’’. 

6 (b) CONFORMING AMENDMENTS.—

7 (1) SOCIAL SECURITY ACT.—Section 404 of the 

8 Social Security Act (42 U.S.C. 604) is amended by 

9 adding at the end the following:

10 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE11 FITS.—A State that receives a grant under section 403 

12 may use the grant to provide nonrecurrent short-term 

13 emergency benefits, in accordance with section 41506 of 

14 the Violence Against Women Act of 1994, to individuals 

15 who take leave pursuant to section 40404 of that Act, 

16 without regard to whether the individuals receive assist17 ance under the State program funded under this part.’’. 

18 (2) REHABILITATION ACT AMENDMENTS OF

19 1986.—Section 1003(a)(1) of the Rehabilitation Act 

20 Amendments of 1986 (42 U.S.C. 2000d–7(a)(1)) is 

21 amended by inserting ‘‘chapter 1 of subtitle O of the 

22 Violence Against Women Act of 1994,’’ before ‘‘or 

23 the provisions’’. 
220

•S 1197 IS 

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section take effect 180 days after the date of enact3 ment of this Act. 

4 SEC. 702. GRANT FOR NATIONAL CLEARINGHOUSE AND RE5 SOURCE CENTER ON WORKPLACE RE6 SPONSES TO ASSIST VICTIMS OF DOMESTIC 

7 AND SEXUAL VIOLENCE. 

8 Subtitle O of the Violence Against Women Act of 

9 1994 (as added by section 701) is amended by adding at 

10 the end the following: 

11 ‘‘CHAPTER 2—NATIONAL CLEARINGHOUSE 

12 AND RESOURCE CENTER 

13 ‘‘SEC. 41511. GRANT FOR NATIONAL CLEARINGHOUSE AND 

14 RESOURCE CENTER ON WORKPLACE RE15 SPONSES TO ASSIST VICTIMS OF DOMESTIC 

16 AND SEXUAL VIOLENCE. 

17 ‘‘(a) AUTHORITY.—The Attorney General, acting 

18 through the Director of the Violence Against Women Of19 fice, may award a grant to an eligible nonprofit non20 governmental entity or tribal organization, in order to pro21 vide for the establishment and operation of a national 

22 clearinghouse and resource center on workplace responses 

23 to assist victims of domestic and sexual violence. The 

24 clearinghouse and resource center shall provide informa25 tion and assistance to employers, labor organizations, and 
221

•S 1197 IS 

1 advocates on behalf of victims of domestic or sexual vio2 lence, to aid in their efforts to develop and implement ap3 propriate responses to such violence in order to assist 

4 those victims. 

5 ‘‘(b) APPLICATIONS.—To be eligible to receive a 

6 grant under this section, an entity or organization shall 

7 submit an application to the Attorney General at such 

8 time, in such manner, and containing such information as 

9 the Attorney General may require, including—

10 ‘‘(1) information that demonstrates that the en11 tity or organization has nationally recognized exper12 tise in the area of domestic or sexual violence, and 

13 a record of commitment to reducing domestic or sex14 ual violence; 

15 ‘‘(2) a plan to maximize, to the extent prac16 ticable, outreach to employers (including private 

17 companies and public entities such as public institu18 tions of higher education and State and local govern19 ments), labor organizations, and advocates described 

20 in subsection (a) concerning developing and imple21 menting appropriate workplace responses to assist 

22 victims of domestic or sexual violence; and 

23 ‘‘(3) a plan for developing materials and train24 ing for materials for employers that address the 

25 needs of employees in cases of domestic violence, 
222

•S 1197 IS 

1 dating violence, sexual assault, and stalking impact2 ing the workplace, including the needs of racial and 

3 ethnic and other underserved communities. 

4 ‘‘(c) USE OF GRANT AMOUNT.—

5 ‘‘(1) IN GENERAL.—An entity or organization 

6 that receives a grant under this section may use the 

7 funds made available through the grant for staff sal8 aries, travel expenses, equipment, printing, and 

9 other reasonable expenses necessary to develop, 

10 maintain, and disseminate to employers, labor orga11 nizations, and advocates described in subsection (a), 

12 information and assistance concerning appropriate 

13 workplace responses to assist victims of domestic or 

14 sexual violence. 

15 ‘‘(2) RESPONSES.—Responses referred to in 

16 paragraph (1) may include—

17 ‘‘(A) providing training to promote a bet18 ter understanding of appropriate workplace as19 sistance to victims of domestic or sexual vio20 lence; 

21 ‘‘(B) providing conferences and other edu22 cational opportunities; 

23 ‘‘(C) developing protocols and model work24 place policies; 
223

•S 1197 IS 

1 ‘‘(D) providing employer-sponsored and 

2 labor organization-sponsored victim assistance 

3 and outreach counseling; and 

4 ‘‘(E) conducting assessments of the work5 place costs of domestic or sexual violence. 

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

7 is authorized to be appropriated to carry out this section 

8 $1,000,000 for each of fiscal years 2006 through 2010. 

9 ‘‘(e) AVAILABILITY OF GRANT FUNDS.—Funds ap10 propriated under this section shall remain available until 

11 expended.’’. 

12 TITLE VIII—PROTECTION OF 

13 BATTERED AND TRAFFICKED 

14 IMMIGRANT WOMEN 

15 Subtitle A—Victims of Crime 

16 SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VIC17 TIMS. 

18 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC19 TIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the 

20 Immigration and Nationality Act (8 U.S.C. 

21 1101(a)(15)(T)) is amended— 

22 (1) in clause (i)— 

23 (A) in the matter preceding subclause (I), 

24 by striking ‘‘Attorney General’’ and inserting 

25 ‘‘Secretary of Homeland Security’’; and 
224

•S 1197 IS 

1 (B) by amending subclause (III) to read as 

2 follows: 

3 ‘‘(III)(aa) complied with any reason4 able request for assistance in the Federal, 

5 State, or local investigation or prosecution 

6 of acts of trafficking or crimes related to 

7 trafficking; or 

8 ‘‘(bb) has provided credible evidence 

9 (as defined in section 204(a)(1)(J)) that 

10 physical or psychological abuse, injury, or 

11 trauma prohibits such alien from meeting 

12 the requirements of item (aa); or 

13 ‘‘(cc) has not attained 18 years of 

14 age; and’’; and 

15 (2) by amending clause (ii) to read as follows: 

16 ‘‘(ii) if accompanying, or following to join, the 

17 alien described in clause (i)— 

18 ‘‘(I) in the case of an alien described in 

19 clause (i) who is under 21 years of age, the 

20 spouse, children, unmarried siblings under 18 

21 years of age on the date on which such alien 

22 applied for status under such clause, and par23 ents of such alien; and 
225

•S 1197 IS 

1 ‘‘(II) in the case of an alien described in 

2 clause (i) who is 21 years of age or older, the 

3 spouse and children of such alien;’’. 

4 (b) TREATMENT OF SPOUSES AND CHILDREN OF

5 VICTIMS OF ABUSE.—Section 101(a)(15)(U) of the Immi6 gration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is 

7 amended— 

8 (1) in clause (i)— 

9 (A) in the matter preceding subclause (I), 

10 by striking ‘‘Attorney General’’ and inserting 

11 ‘‘Secretary of Homeland Security’’; and 

12 (B) in subclause (I), by inserting ‘‘or in13 jury’’ after ‘‘physical or mental abuse’’; 

14 (2) by amending clause (ii) to read as follows: 

15 ‘‘(ii) if accompanying, or following to join, the 

16 alien described in clause (i)— 

17 ‘‘(I) in the case of an alien described in 

18 clause (i) who is under 21 years of age, the 

19 spouse, children, unmarried siblings under 18 

20 years of age on the date on which such alien 

21 applied for status under such clause, and par22 ents of such alien; and 

23 ‘‘(II) in the case of an alien described in 

24 clause (i) who is 21 years of age or older, the 

25 spouse and children of such alien; and’’; and 
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•S 1197 IS 

1 (3) in clause (iii), by inserting ‘‘child abuse; 

2 stalking (including physical or electronic stalking);’’ 

3 after ‘‘false imprisonment;’’. 

4 (c) DEFINITION OF AGGRAVATED FELONY.—Section 

5 101(a)(43) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(43)) is amended— 

7 (A) in subparagraphs (F) and (G), by 

8 striking ‘‘at least one year’’ each place it ap9 pears and inserting ‘‘is more than 1 year’’; 

10 (B) in subparagraph (J), by striking ‘‘one 

11 year imprisonment or more’’ and inserting 

12 ‘‘more than 1 year imprisonment’’; 

13 (C) in subparagraph (P)(ii), by striking 

14 ‘‘at least 12 months’’ and inserting ‘‘more than 

15 1 year’’; and 

16 (D) in subparagraphs (R) and (S), by 

17 striking ‘‘at least one year’’ each place it ap18 pears and inserting ‘‘more than 1 year’’. 

19 (d) TECHNICAL AMENDMENTS.—Section 101(i) of 

20 the Immigration and Nationality Act (8 U.S.C. 1101(i)) 

21 is amended—

22 (1) in paragraph (1), by striking ‘‘Attorney 

23 General’’ and inserting ‘‘Secretary of Homeland Se24 curity, the Attorney General,’’; and 
227

•S 1197 IS 

1 (2) in paragraph (2), by striking ‘‘Attorney 

2 General’’ and inserting ‘‘Secretary of Homeland Se3 curity’’. 

4 SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF 

5 TRAFFICKING IN PERSONS. 

6 (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1182(a)(9)(B)(iii)) is amended by adding at the end the 

9 following: 

10 ‘‘(V) VICTIMS OF A SEVERE FORM OF

11 TRAFFICKING IN PERSONS.—Clause (i) shall not 

12 apply to an alien who demonstrates that there 

13 was a connection between the alien being a vic14 tim of a severe form of trafficking (as that term 

15 is defined in section 103 of the Trafficking Vic16 tims Protection Act of 2000 (22 U.S.C. 7102)) 

17 and the alien’s unlawful presence in the United 

18 States.’’. 

19 (b) TECHNICAL AMENDMENT.—Paragraphs (13) and 

20 (14) of section 212(d) of the Immigration and Nationality 

21 Act (8 U.S.C. 1182(d)) are amended by striking ‘‘Attor22 ney General’’ each place it appears and inserting ‘‘Sec23 retary of Homeland Security’’. 
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•S 1197 IS 

1 SEC. 803. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF2 FICKING. 

3 Section 245(l) of the Immigration and Nationality 

4 Act (8 U.S.C. 1255(l)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘Attorney General’’ each 

7 place it appears and inserting ‘‘Secretary of 

8 Homeland Security’’; and 

9 (B) in subparagraph (A), by striking ‘‘for 

10 a continuous period of at least 3 years’’; 

11 (2) in paragraph (2), by striking ‘‘Attorney 

12 General’’ each place it appears and inserting ‘‘Sec13 retary of Homeland Security’’; and 

14 (3) in paragraph (5), by striking ‘‘Attorney 

15 General’’ and inserting ‘‘Secretary of Homeland Se16 curity’’. 

17 SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF 

18 TRAFFICKING. 

19 (a) CERTIFICATION PROCESS.—Section 107(b)(1)(E) 

20 of the Trafficking Victims Protection Act of 2000 (22 

21 U.S.C. 7105(b)(1)(E)) is amended— 

22 (1) in clause (i)— 

23 (A) in the matter preceding subclause (I), 

24 by striking ‘‘Attorney General, that the person 

25 referred to in subparagraph (C)(ii)(II)—’’ and 

26 inserting ‘‘Attorney General or the Secretary of 
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•S 1197 IS 

1 Homeland Security, as appropriate, that the 

2 person referred to in subparagraph (C)(ii)(II) 

3 has not attained 18 years of age or—’’; 

4 (B) in subclause (I), by striking ‘‘inves5 tigation and prosecution’’ and inserting ‘‘inves6 tigation or prosecution, by the United States or 

7 a State or local government,’’; and 

8 (C) in subclause (II)(bb), by inserting ‘‘or 

9 the Secretary of Homeland Security’’ after ‘‘At10 torney General’’; 

11 (2) in clause (ii), by striking ‘‘Attorney Gen12 eral’’ and inserting ‘‘Secretary of Homeland Secu13 rity’’; 

14 (3) in clause (iii)— 

15 (A) in subclause (II), by striking ‘‘and’’ at 

16 the end; 

17 (B) in subclause (III), by striking the pe18 riod at the end and inserting ‘‘; or’’; and 

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

20 ‘‘(IV) responding to and cooper21 ating with requests for evidence and 

22 information.; and 

23 (4) by striking ‘‘investigation and prosecution’’ 

24 each place it appears and inserting ‘‘investigation or 

25 prosecution’’. 
230

•S 1197 IS 

1 (b) TRAFFICKING VICTIM REGULATIONS.—Section 

2 107(c) of the Trafficking Victims Protection Act of 2000 

3 (22 U.S.C. 7105(c)) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 inserting ‘‘, the Secretary of Homeland Security,’’ 

6 after ‘‘Attorney General’’; and 

7 (2) in paragraph (3)—

8 (A) by striking ‘‘Federal law enforcement 

9 officials’’ and inserting ‘‘The Department of 

10 Homeland Security’’; and 

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

12 ‘‘State or local law enforcement officials may 

13 petition the Department of Homeland Security 

14 for the continued presence for trafficking vic15 tims. If such a petition contains a certification 

16 that a trafficking victim is a victim of a severe 

17 form of trafficking, the presence of the traf18 ficking victim may be permitted in accordance 

19 with this paragraph.’’. 

20 (c) PROTECTION FROM REMOVAL FOR CERTAIN

21 CRIME VICTIMS.—Section 107(e)(5) of the Trafficking 

22 Victims Protection Act of 2000 (22 U.S.C. 7105(e)(5)) 

23 is amended by striking ‘‘Attorney General’’ each place it 

24 occurs and inserting ‘‘Secretary of Homeland Security’’. 
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•S 1197 IS 

1 (d) ANNUAL REPORT.—Section 107(g) of the Traf2 ficking Victims Protection Act of 2000 (22 U.S.C. 

3 7105(g)) is amended by inserting ‘‘or the Secretary of 

4 Homeland Security’’ after ‘‘Attorney General’’. 

5 SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE. 

6 (a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of 

7 the Immigration and Nationality Act (8 U.S.C. 

8 1154(a)(1)(D)) is amended— 

9 (1) in clause (i)— 

10 (A) in subclause (I), by inserting ‘‘or sec11 tion 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ 

12 each place it appears; and 

13 (B) in subclause (III), by striking ‘‘a peti14 tioner for preference status under paragraph 

15 (1), (2), or (3) of section 203(a), whichever 

16 paragraph is applicable,’’ and inserting ‘‘a 

17 VAWA self-petitioner’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(iv) Any alien who benefits from this subparagraph 

20 may adjust status in accordance with subsections (a) and 

21 (c) of section 245 as an alien having an approved petition 

22 for classification under subparagraph (A)(iii), (A)(iv), 

23 (B)(ii), or (B)(iii).’’. 

24 (b) APPLICATION OF CSPA PROTECTIONS.— 
232

•S 1197 IS 

1 (1) IMMEDIATE RELATIVE RULES.—Section 

2 201(f) of the Immigration and Nationality Act (8 

3 U.S.C. 1151(f)) is amended by adding at the end 

4 the following: 

5 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para6 graphs (1) through (3) shall apply to self-petitioners 

7 and derivatives of self-petitioners.’’. 

8 (2) CHILDREN RULES.—Section 203(h) of the 

9 Immigration and Nationality Act (8 U.S.C. 1153(h)) 

10 is amended by adding at the end the following: 

11 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para12 graphs (1) through (3) shall apply to self-petitioners 

13 and derivatives of self-petitioners.’’. 

14 (c) LATE PETITION PERMITTED FOR IMMIGRANT

15 SONS AND DAUGHTERS BATTERED AS CHILDREN.— 

16 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1154(a)(1)(D)), as amended by subsection (a), is 

19 further amended by adding at the end the following: 

20 ‘‘(v) For purposes of this paragraph, an individual 

21 who is not less than 21 years of age, who qualified to file 

22 a petition under subparagraph (A)(iv) as of the day before 

23 the date on which the individual attained 21 years of age, 

24 and who did not file such a petition before such day, shall 

25 be treated as having filed a petition under such subpara-
233

•S 1197 IS 

1 graph as of such day if a petition is filed for the status 

2 described in such subparagraph before the individual at3 tains 25 years of age. Clauses (i) through (iv) of this sub4 paragraph shall apply to an individual described in this 

5 clause in the same manner as an individual filing a peti6 tion under subparagraph (A)(iv).’’. 

7 (d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY

8 REQUIREMENT FOR BATTERED ADOPTED CHILDREN.—

9 Section 101(b)(1)(E)(i) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by in11 serting before the colon the following: ‘‘or if the child has 

12 been battered or subject to extreme cruelty by the adopt13 ing parent or by a family member of the adopting parent 

14 residing in the same household’’. 

15 Subtitle B—VAWA Self-Petitioners 

16 SEC. 811. DEFINITION OF VAWA SELF-PETITIONER. 

17 Section 101(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)) is amended by adding at the end 

19 the following: 

20 ‘‘(51) The term ‘VAWA self-petitioner’ means 

21 an alien, or a child of the alien, who qualifies for re22 lief under— 

23 ‘‘(A) clause (iii), (iv), or (vii) of section 

24 204(a)(1)(A); 
234

•S 1197 IS 

1 ‘‘(B) clause (ii) or (iii) of section 

2 204(a)(1)(B); 

3 ‘‘(C) the first section of Public Law 89–

4 732 (8 U.S.C. 1255 note) (commonly known as 

5 the Cuban Adjustment Act) as a child or spouse 

6 who has been battered or subjected to extreme 

7 cruelty; 

8 ‘‘(D) section 902(d)(1)(B) of the Haitian 

9 Refugee Immigration Fairness Act of 1998 (8 

10 U.S.C. 1255 note); 

11 ‘‘(E) section 202(d)(1) of the Nicaraguan 

12 Adjustment and Central American Relief Act; 

13 or 

14 ‘‘(F) section 309 of the Illegal Immigration 

15 Reform and Immigrant Responsibility Act of 

16 1996 (division C of Public Law 104–208).’’. 

17 SEC. 812. APPLICATION TO FIANCEES WHO DO NOT MARRY 

18 WITHIN 90 DAY PERIOD. 

19 (a) IN GENERAL.—Section 214(d) of the Immigra20 tion and Nationality Act (8 U.S.C. 1184(d)) is amended 

21 by inserting before the period at the end the following: 

22 ‘‘, unless the alien is eligible for status as a VAWA self23 petitioner, for relief under section 240A(b)(2), or for relief 

24 under section 244(a)(3) (as in effect prior to March 31, 
235

•S 1197 IS 

1 1997), and the alien married the United States citizen 

2 who filed the petition under section 101(a)(15)(K)(i)’’. 

3 (b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN

4 WHO ENTERED THE UNITED STATES ON FINANCE VISAS

5 FROM CONDITIONAL RESIDENCY STATUS REQUIRE6 MENT.—Section 245(d) of the Immigration and Nation7 ality Act (8 U.S.C. 1255(d)) is amended— 

8 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

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

10 ‘‘(2) The failure of a nonimmigrant described in sec11 tion 101(a)(15)(K) to marry within 3 months of being ad12 mitted in such status does not restrict the Secretary of 

13 Homeland Security’s or the Attorney General’s authority 

14 to adjust the status of the nonimmigrant, or grant relief 

15 under section 240A(b)(2), or under section 244(a)(3) (as 

16 in effect prior to March 31, 1997), provided that—

17 ‘‘(A) the alien married the United States citizen 

18 who filed the petition under section 

19 101(a)(15)(K)(i); and 

20 ‘‘(B) the United States citizen petitioner sub21 jected a VAWA self-petitioner to battery or extreme 

22 cruelty.’’. 
236

•S 1197 IS 

1 SEC. 813. APPLICATION IN CASE OF VOLUNTARY DEPAR2 TURE. 

3 Section 240B(d) of the Immigration and Nationality 

4 Act (8 U.S.C. 1229c(d)) is amended to read as follows: 

5 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 if an alien is permitted to depart voluntarily under 

8 this section and voluntarily fails to depart the 

9 United States within the time period specified, the 

10 alien— 

11 ‘‘(A) shall be subject to a civil penalty of 

12 not less than $1,000 and not more than 

13 $5,000; and 

14 ‘‘(B) shall be ineligible, for a period of 10 

15 years, to receive any further relief under this 

16 section and sections 240A, 245, 248, and 249. 

17 ‘‘(2) APPLICATION OF VAWA PROTECTIONS.—

18 The restrictions on relief under paragraph (1) shall 

19 not apply to relief under section 240A or 245 on the 

20 basis of a petition filed by a VAWA self-petitioner, 

21 or a petition filed under section 240A(b)(2), or 

22 under section 244(a)(3) (as in effect prior to March 

23 31, 1997),if the extreme cruelty or battering oc24 curred before the alien overstayed the grant of vol25 untary departure. 
237

•S 1197 IS 

1 ‘‘(3) NOTICE OF PENALTIES.—The order per2 mitting an alien to depart voluntarily shall inform 

3 the alien of the penalties under this subsection.’’. 

4 SEC. 814. REMOVAL PROCEEDINGS. 

5 (a) EXCEPTIONAL CIRCUMSTANCES.— 

6 (1) IN GENERAL.—Section 240(e)(1) of the Im7 migration and Nationality Act (8 U.S.C. 

8 1229a(e)(1)) is amended by striking ‘‘serious illness 

9 of the alien’’ and inserting ‘‘battery or extreme cru10 elty to the alien or any child or parent of the alien, 

11 serious illness of the alien,’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply to a failure to appear 

14 that occurs before, on, or after the date of the enact15 ment of this Act. 

16 (b) NONAPPLICATION OF REINSTATEMENT OF RE17 MOVAL.— 

18 (1) IN GENERAL.—Section 241(a)(5) of the Im19 migration and Nationality Act (8 U.S.C. 1231(a)(5)) 

20 is amended— 

21 (A) by striking ‘‘If the Attorney General’’ 

22 and inserting the following: 

23 ‘‘(A) IN GENERAL.—If the Secretary of 

24 Homeland Security’’; and 

25 (B) by adding at the end the following: 
238

•S 1197 IS 

1 ‘‘(B) EXEMPTION.—The provisions of sub2 paragraph (A) shall not apply to an alien who 

3 has been battered or subjected to extreme cru4 elty or who is a crime victim whom the Attor5 ney General or Secretary of Homeland Security 

6 determines may be statutorily eligible for classi7 fication under subparagraph (T) or (U) of sec8 tion 101(a)(15), for classification under sub9 paragraph (A)(1)(iii), (A)(1)(iv), (B)(ii), 

10 (B)(iii), or (B)(iv) of section 204(a)(1), for 

11 classification as a VAWA self-petitioner, or for 

12 relief under section 240A(b)(2) or section 

13 244(a)(3) (as in effect prior to March 31, 

14 1997).’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by paragraph (1) and the exemption in paragraph 

17 (2) shall apply to those eligible relief before, on, or 

18 after the date of enactment of this Act. 

19 (c) RESTRICTION ON REMOVAL WHILE VAWA PETI20 TION PENDING.—

21 (1) IN GENERAL.—Section 240 of the Immigra22 tion and Nationality Act (8 U.S.C. 1229a) is amend23 ed by adding at the end the following: 

24 ‘‘(f) RESTRICTION ON REMOVAL WHILE PETITION

25 PENDING.—An alien who is a VAWA self-petitioner, the 
239

•S 1197 IS 

1 beneficiary under subparagraph (T) or (U) of section 

2 101(a)(15) who meets the requirement of section 

3 240A(b)(2) or subparagraphs (A) through (C) of section 

4 216(c)(4), or who qualifies for relief under section 

5 244(a)(3) (as in effect on March 31, 1997)— 

6 ‘‘(1) shall not be removed or deported unless 

7 the petition is denied and all opportunities for ap8 peal of the denial have been exhausted; and 

9 ‘‘(2) shall not be detained while in removal pro10 ceedings, unless mandatory detention is required 

11 under section 236A or 236(c).’’. 

12 (2) WAIVERS AND EXCEPTIONS.—Section 

13 236(c)(2) of the Immigration and Nationality Act (8 

14 U.S.C. 1226) is amended—

15 (A) in paragraph (2) by inserting ‘‘(A)’’ 

16 before ‘‘The Attorney General may release an 

17 alien described in paragraph (1) only’’; and 

18 (B) adding at the end the following: 

19 ‘‘(B) The Secretary of Homeland Security 

20 or the Attorney General may release on their 

21 own recognizance an alien described in para22 graph (1) if the Secretary or the Attorney Gen23 eral determines that the alien may qualify for—
240

•S 1197 IS 

1 ‘‘(i) a waiver under section 

2 212(d)(13), 212(d)(14), 212(h), 

3 237(a)(2)(A)(v), or 237(a)(7); or 

4 ‘‘(ii) an exception under section 

5 204(a)(1)(C); or 

6 ‘‘(iii) relief under section 240A(a).’’. 

7 (d) CLARIFYING APPLICATION OF DOMESTIC VIO8 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE9 MOVAL.— 

10 (1) IN GENERAL.—Section 240A(b) of the Im11 migration and Nationality Act (8 U.S.C. 1229b(b)) 

12 is amended— 

13 (A) in paragraph (1)(C), by striking ‘‘(ex14 cept in a case described in section 237(a)(7) 

15 where the Attorney General exercises discretion 

16 to grant a waiver)’’ and inserting ‘‘, subject to 

17 paragraph (5)’’; 

18 (B) in paragraph (2)(A)(iv), by striking 

19 ‘‘(except in a case described in section 

20 237(a)(7) where the Attorney General exercises 

21 discretion to grant a waiver)’’ and inserting ‘‘, 

22 subject to paragraph (5)’’; and 

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

24 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

25 WAIVER AUTHORITY.—The authority provided under 
241

•S 1197 IS 

1 section 237(a)(7) shall apply under paragraphs 

2 (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of re3 moval and adjustment of status proceeding.’’. 

4 SEC. 815. ELIMINATING ABUSERS’ CONTROL OVER APPLI5 CATIONS FOR ADJUSTMENTS OF STATUS. 

6 (a) APPLICATION OF VAWA DEPORTATION PROTEC7 TIONS TO ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN

8 ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION

9 FAIRNESS ACT.—Section 1506(c)(2) of the Violence 

10 Against Women Act of 2000 (8 U.S.C. 1229a note; divi11 sion B of Public Law 106–386) is amended— 

12 (1) in subparagraph (A)— 

13 (A) by amending clause (i) to read as fol14 lows: 

15 ‘‘(i) if the basis of the motion is to 

16 apply for relief under— 

17 ‘‘(I) clause (iii) or (iv) of section 

18 204(a)(1)(A) of the Immigration and 

19 Nationality Act (8 U.S.C. 

20 1154(a)(1)(A)); 

21 ‘‘(II) clause (ii) or (iii) of section 

22 204(a)(1)(B) of such Act (8 U.S.C. 

23 1154(a)(1)(B)); 

24 ‘‘(III) section 244(a)(3) of such 

25 Act (8 U.S.C. 8 U.S.C. 1254(a)(3)); 
242

•S 1197 IS 

1 ‘‘(IV) the first section of Public 

2 Law 89–732 (8 U.S.C. 1255 note) 

3 (commonly known as the Cuban Ad4 justment Act) as a child or spouse 

5 who has been battered or subjected to 

6 extreme cruelty; or 

7 ‘‘(V) section 902(d)(1)(B) of the 

8 Haitian Refugee Immigration Fair9 ness Act of 1998 (8 U.S.C. 1255 

10 note); and’’; and 

11 (B) in clause (ii), by inserting ‘‘or adjust12 ment of status’’ after ‘‘suspension of deporta13 tion’’; and 

14 (2) in subparagraph (B)(ii), by striking ‘‘for re15 lief’’ and all that follows through ‘‘1101 note))’’ and 

16 inserting ‘‘for relief described in subparagraph 

17 (A)(i)’’. 

18 (b) EMPLOYMENT AUTHORIZATION FOR VAWA 

19 SELF-PETITIONERS.—Section 204(a)(1) of the Immigra20 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend21 ed by adding at the end the following: 

22 ‘‘(l) An alien who is in the United States and has 

23 a petition, pending or approved as a VAWA self-petitioner, 

24 that sets forth a prima facie case for status or classifica-
243

•S 1197 IS 

1 tion under such clause shall be eligible for employment au2 thorization.’’. 

3 SEC. 816. APPLICATION FOR VAWA-RELATED RELIEF. 

4 (a) IN GENERAL.—Section 202(d)(1) of the Nica5 raguan Adjustment and Central American Relief Act (8 

6 U.S.C. 1255 note; Public Law 105–100) is amended— 

7 (1) in subparagraph (B)(ii), by inserting ‘‘, or 

8 was eligible for adjustment,’’ after ‘‘whose status is 

9 adjusted’’; and 

10 (2) in subparagraph (E), by inserting ‘‘, or, in 

11 the case of an alien who qualifies under subpara12 graph (B)(ii), applies for such adjustment during 

13 the 18-month period beginning on the date of enact14 ment of the Violence Against Women Act of 2005’’ 

15 after ‘‘April 1, 2000’’. 

16 (b) TECHNICAL AMENDMENT.—Section 202(d)(3) of 

17 such Act (8 U.S.C. 1255 note; Public Law 105–100) is 

18 amended by striking ‘‘204(a)(1)(H)’’ and inserting 

19 ‘‘204(a)(1)(J)’’. 

20 (c) EFFECTIVE DATE.—The amendment made by 

21 subsection (b) shall take effect as if included in the enact22 ment of the Violence Against Women Act of 2000 (division 

23 B of Public Law 106–386; 114 Stat. 1491). 
244

•S 1197 IS 

1 SEC. 817. SELF-PETITIONING PARENTS. 

2 Section 204(a)(1)(A) of the Immigration and Nation3 ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding 

4 at the end the following: 

5 ‘‘(vii) An alien may file a petition with the Secretary 

6 of Homeland Security under this subparagraph for classi7 fication of the alien under section 201(b)(2)(A)(i) if the 

8 alien— 

9 ‘‘(I) is the parent of a citizen of the United 

10 States or was a parent of a citizen of the United 

11 States who, within the past 2 years, lost or re12 nounced citizenship status related to an incident of 

13 domestic violence or died; 

14 ‘‘(II) is a person of good moral character; 

15 ‘‘(III) is eligible to be classified as an imme16 diate relative under section 201(b)(2)(A)(i); 

17 ‘‘(IV) resides, or has resided, with the citizen 

18 daughter or son; and 

19 ‘‘(V) demonstrates that the alien has been bat20 tered or subject to extreme cruelty by the citizen 

21 daughter or son.’’. 

22 SEC. 818. VAWA CONFIDENTIALITY NON-DISCLOSURE. 

23 Section 384 of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)) 

25 is amended— 

26 (1) in subsection (a)—
245

•S 1197 IS 

1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘(including any bureau or agency of 

3 such Department)’’ and inserting ‘‘, the Sec4 retary of Homeland Security, the Secretary of 

5 State, or any other official or employee of the 

6 Department of Homeland Security or Depart7 ment of State (including any bureau or agency 

8 of either of such Departments)’’; and 

9 (B) in paragraph (1)— 

10 (i) in subparagraph (D), by striking 

11 ‘‘or’’ at the end; 

12 (ii) in subparagraph (E), by adding 

13 ‘‘or’’ at the end; and 

14 (iii) by inserting after subparagraph 

15 (E) the following: 

16 ‘‘(F) in the case of an alien applying for 

17 status under section 101(a)(15)(T) of the Im18 migration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(T)), under section 

20 107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic21 tims Protection Act of 2000 (22 U.S.C. 7105), 

22 under section 244(a)(3) of the Immigration and 

23 Nationality Act (8 U.S.C. 1254a(a)(3)), as in 

24 effect prior to March 31, 1999, or as a VAWA 

25 self-petitioner (as defined in section 101(a)(51) 
246

•S 1197 IS 

1 of the Immigration and Nationality Act (8 

2 U.S.C. 1101(a)(51)), the trafficker or perpe3 trator,’’. 

4 (2) in subsection (b)(2), by inserting ‘‘or his 

5 other designee’’ after ‘‘the discretion of the Attorney 

6 General.’’. 

7 Subtitle C—Miscellaneous 

8 Amendments 

9 SEC. 821. DURATION OF T AND U VISAS. 

10 (a) T VISAS.—Section 214(o) of the Immigration and 

11 Nationality Act (8 U.S.C. 1184(o)) is amended by adding 

12 at the end the following: 

13 ‘‘(7)(A) Except as provided in subparagraph (B), an 

14 alien who is issued a visa or otherwise provided non15 immigrant status under section 101(a)(15)(T) may be 

16 granted such status for a period of not more than 4 years. 

17 ‘‘(B) An alien who is issued a visa or otherwise pro18 vided nonimmigrant status under section 101(a)(15)(T) 

19 may extend the period of such status beyond the period 

20 described in subparagraph (A) if a Federal, State, or local 

21 law enforcement official, prosecutor, judge, or other au22 thority investigating or prosecuting activity relating to 

23 human trafficking or certifies that the presence of the 

24 alien in the United States is necessary to assist in the 

25 investigation or prosecution of such activity.’’. 
247

•S 1197 IS 

1 (b) U VISAS.—Section 214(p) of the Immigration 

2 and Nationality Act (8 U.S.C. 1184(p)) is amended by 

3 adding at the end the following: 

4 ‘‘(6) DURATION OF STATUS.—The authorized 

5 period of status of an alien as a nonimmigrant 

6 under section 101(a)(15)(U) shall be 4 years, but 

7 shall be extended upon certification from a Federal, 

8 State, or local law enforcement official, prosecutor, 

9 judge, or other Federal, State, or local authority in10 vestigating or prosecuting criminal activity described 

11 in section 101(a)(15)(U)(iii) that the alien’s contin12 ued presence in the United States is required to as13 sist in the investigation or prosecution of such crimi14 nal activity.’’. 

15 (c) PERMITTING CHANGE OF NONIMMIGRANT STA16 TUS TO T AND U NONIMMIGRANT STATUS.— 

17 (1) IN GENERAL.—Section 248 of the Immigra18 tion and Nationality Act (8 U.S.C. 1258) is amend19 ed— 

20 (A) by striking ‘‘The Attorney General’’ 

21 and inserting ‘‘(a) The Secretary of Homeland 

22 Security’’; 

23 (B) by inserting ‘‘(subject to subsection 

24 (b))’’ after ‘‘except’’; and 

25 (C) by adding at the end the following: 
248

•S 1197 IS 

1 ‘‘(b) The exceptions specified in paragraphs (1) 

2 through (4) of subsection (a) shall not apply to a change 

3 of nonimmigrant classification to that of a nonimmigrant 

4 under subparagraph (T) or (U) of section 101(a)(15).’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 214(l)(2)(A) of the Immigration and Nationality Act 

7 (8 U.S.C. 1184(l)(2)(A)) is amended by striking 

8 ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’. 

9 SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN AP10 PLICATION OF SPECIAL PHYSICAL PRESENCE 

11 AND GOOD MORAL CHARACTER RULES. 

12 (a) PHYSICAL PRESENCE RULES.—Section 

13 240A(b)(2)(B) of the Immigration and Nationality Act (8 

14 U.S.C. 1229b(b)(2)(B)) is amended— 

15 (1) in the first sentence, by striking 

16 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 

17 (2) in the fourth sentence, by striking ‘‘sub18 section (b)(2)(B) of this section’’ and inserting ‘‘this 

19 subparagraph, subparagraph (A)(ii),’’. 

20 (b) MORAL CHARACTER RULES.—Section 

21 240A(b)(2)(C) of the Immigration and Nationality Act (8 

22 U.S.C. 1229b(b)(2)(C)) is amended by striking 

23 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

24 (c) CORRECTION OF CROSS-REFERENCE ERROR IN

25 APPLYING GOOD MORAL CHARACTER.— 
249

•S 1197 IS 

1 (1) IN GENERAL.—Section 101(f)(3) of the Im2 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

3 is amended by striking ‘‘(9)(A)’’ and inserting 

4 ‘‘(10)(A)’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall be effective as if included in 

7 section 603(a)(1) of the Immigration Act of 1990 

8 (Public Law 101–649; 104 Stat. 5082). 

9 SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER 

10 SPOUSES UNDER CUBAN ADJUSTMENT. 

11 (a) IN GENERAL.—The first section of Public Law 

12 89–732 (8 U.S.C. 1255 note) (commonly known as the 

13 Cuban Adjustment Act) is amended— 

14 (1) in the last sentence, by striking 

15 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and 

16 (2) by adding at the end the following: ‘‘An 

17 alien who was the spouse of any Cuban alien de18 scribed in this section and has resided with such 

19 spouse shall continue to be treated as such a spouse 

20 for 2 years after the date on which the Cuban alien 

21 dies (or, if later, 2 years after the date of enactment 

22 of Violence Against Women Act of 2005), or for 2 

23 years after the date of termination of the marriage 

24 (or, if later, 2 years after the date of enactment of 

25 Violence Against Women Act of 2005) if there is 
250

•S 1197 IS 

1 demonstrated a connection between the termination 

2 of the marriage and the battering or extreme cruelty 

3 by the Cuban alien.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a)(1) shall take effect as if included in the en6 actment of the Violence Against Women Act of 2000 (divi7 sion B of Public Law 106–386; 114 Stat. 1491). 

8 SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLI9 CANTS. 

10 (a) IN GENERAL.—Section 902(d)(1)(B) of the Hai11 tian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 

12 1255 note) is amended— 

13 (1) in clause (i), by striking ‘‘whose status is 

14 adjusted to that of an alien lawfully admitted for 

15 permanent residence’’ and inserting ‘‘who is or was 

16 eligible for classification’’; 

17 (2) in clause (ii), by striking ‘‘whose status is 

18 adjusted to that of an alien lawfully admitted for 

19 permanent residence’’ and inserting ‘‘who is or was 

20 eligible for classification’’; and 

21 (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ 

22 and inserting ‘‘204(a)(1)(J)’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a)(3) shall take effect as if included in the en-
251

•S 1197 IS 

1 actment of the Violence Against Women Act of 2000 (divi2 sion B of Public Law 106–386; 114 Stat. 1491). 

3 SEC. 825. DEPORTATION PROCEEDINGS. 

4 (a) DEPORTATION OR REMOVAL PROCEEDINGS.—

5 (1) IN GENERAL.—Section 240(c)(6)(C) of the 

6 Immigration and Nationality Act (8 U.S.C. 

7 1229a(c)(6)(C)) is amended—

8 (A) in clause (iv), by striking ‘‘The dead9 line specified in subsection (b)(5)(C) for filing 

10 a motion to reopen does not apply—’’ and in11 serting ‘‘No limitation on number of motions or 

12 on deadlines for filing motions under other pro13 visions of this section shall apply—’’; and 

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

15 ‘‘(v) STAY OF REMOVAL.—The filing 

16 of the motion described in clause (iv) shall 

17 stay the removal of the alien pending a 

18 final disposition of the motion, including 

19 the exhaustion of all appeals. Only 1 spe20 cial motion under clause (iv) is per21 mitted.’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1) shall take effect as if included in 

24 the enactment of section 442(a) of the Antiterrorism 
252

•S 1197 IS 

1 and Effective Death Penalty Act of 1996 (Public 

2 Law 104–132; 110 Stat. 1279). 

3 (b) MOTIONS TO REOPEN DEPORTATION PRO4 CEEDINGS.—Section 1506(c)(2)(A) of the Violence 

5 Against Women Act of 2000 (division B of Public Law 

6 106–386; 8 U.S.C. 1229a note) is amended—

7 (1) by inserting ‘‘on number of motions or 

8 deadlines for filing motions’’ after ‘‘Notwithstanding 

9 any limitation’’; 

10 (2) by inserting ‘‘, deadline, or limit on number 

11 of motions’’ after ‘‘there is no time limit’’; and 

12 (3) by striking ‘‘, and the’’ and inserting ‘‘. The 

13 filing of a motion described in clauses (i) and (ii) 

14 shall stay the removal of the aliens pending a final 

15 disposition of the motion, including the exhaustion 

16 of all appeals. Only 1 motion under clauses (i) and 

17 (ii) is permitted. The’’. 

18 (c) CONFORMING AMENDMENTS.—Section 212(a) of 

19 the Immigration and Nationality Act (8 U.S.C. 1182(a)) 

20 is amended— 

21 (1) in paragraph (6)(A)(ii)(III), by striking 

22 ‘‘substantial’’; and 

23 (2) in paragraph (9)(B)(iii)(IV), by striking 

24 ‘‘who would be described in paragraph (6)(A)(ii)’’ 

25 and inserting ‘‘who demonstrates that the alien is 
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1 described in subclauses (I) and (II) of paragraph 

2 (b)(A)(ii)’’. 

3 SEC. 826. LIMITATIONS ON ENFORCEMENT. 

4 Section 287 of the Immigration and Nationality Act 

5 (8 U.S.C. 1357) is amended by adding at the end the fol6 lowing: 

7 ‘‘(h) Immigration officers and employees shall not un8 dertake any civil immigration enforcement action—

9 ‘‘(1) at a domestic violence shelter, a victims 

10 services organization or program, a rape crisis cen11 ter, a family justice center, or a supervised visitation 

12 center; or 

13 ‘‘(2) at, or in connection with the appearance 

14 at, a courthouse of an alien who is appearing in con15 nection with a protection order case, child custody 

16 case, or other civil or criminal case relating to do17 mestic violence, sexual assault, trafficking, or stalk18 ing in which the alien has been battered or subject 

19 to extreme cruelty or who is described in subpara20 graph (T) or (U) of section 101(a)(15).’’. 

21 SEC. 827. PROTECTING ABUSED JUVENILES. 

22 Section 287 of the Immigration and Nationality Act 

23 (8 U.S.C. 1357), as amended by section 726, is further 

24 amended by adding at the end the following— 
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1 ‘‘(i) An alien described in section 101(a)(27)(J) of 

2 the Immigration and Nationality Act who has been bat3 tered, abused, neglected, or abandoned, shall not be com4 pelled to contact the alleged abuser (or family member of 

5 the alleged abuser) at any stage of applying for special 

6 immigrant juvenile status, including after a request for 

7 the consent of the Secretary of Homeland Security under 

8 section 101(a)(27)(J)(iii)(I) of such Act.’’. 

9 SEC. 828. RULEMAKING. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Attorney General, the Secretary of Home12 land Security, and the Secretary of State shall promulgate 

13 regulations to implement the provisions contained in the 

14 Battered Immigrant Women Protection Act of 2000 (title 

15 v of Public Law 106–386), this Act, and the amendments 

16 made by this Act. 

17 TITLE IX—SAFETY FOR INDIAN 

18 WOMEN 

19 SEC. 901. FINDINGS. 

20 Congress finds that— 

21 (1) 1 out of every 3 Indian (including Alaska 

22 Native) women are raped in their lifetimes; 

23 (2) Indian women experience 7 sexual assaults 

24 per 1,000, compared with 4 per 1,000 among Black 

25 Americans, 3 per 1,000 among Caucasians, 2 per 
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1 1,000 among Hispanic women, and 1 per 1,000 

2 among Asian women; 

3 (3) Indian women experience the violent crime 

4 of battering at a rate of 23.2 per 1,000, compared 

5 with 8 per 1,000 among Caucasian women; 

6 (4) during the period 1979 through 1992, 

7 homicide was the third leading cause of death of In8 dian females aged 15 to 34, and 75 percent were 

9 killed by family members or acquaintances; 

10 (5) Indian tribes require additional criminal 

11 justice and victim services resources to respond to 

12 violent assaults against women; and 

13 (6) the unique legal relationship of the United 

14 States to Indian tribes creates a Federal trust re15 sponsibility to assist tribal governments in safe16 guarding the lives of Indian women. 

17 SEC. 902. PURPOSES. 

18 The purposes of this title are— 

19 (1) to decrease the incidence of violent crimes 

20 against Indian women; 

21 (2) to strengthen the capacity of Indian tribes 

22 to exercise their sovereign authority to respond to 

23 violent crimes committed against Indian women; and 
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1 (3) to ensure that perpetrators of violent crimes 

2 committed against Indian women are held account3 able for their criminal behavior. 

4 SEC. 903. CONSULTATION. 

5 (a) IN GENERAL.—The Attorney General shall con6 duct annual consultations with Indian tribal governments 

7 concerning the Federal administration of tribal funds and 

8 programs established under this Act, the Violence Against 

9 Women Act of 1994 (title IV of Public Law 103–322; 108 

10 Stat. 1902) and the Violence Against Women Act of 2000 

11 (division B of Public Law 106–386; 114 Stat. 1491). 

12 (b) RECOMMENDATIONS.—During consultations 

13 under subsection (a), the Secretary and the Attorney Gen14 eral shall solicit recommendations from Indian tribes con15 cerning— 

16 (1) administering tribal funds and programs; 

17 (2) enhancing the safety of Indian women from 

18 domestic violence, dating violence, sexual assault, 

19 and stalking; and 

20 (3) strengthening the Federal response to such 

21 violent crimes. 

22 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

23 INDIAN WOMEN. 

24 (a) NATIONAL BASELINE STUDY.— 
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1 (1) IN GENERAL.—The National Institute of 

2 Justice, in consultation with the Office on Violence 

3 Against Women, shall conduct a national baseline 

4 study to examine violence against Indian women in 

5 Indian country. 

6 (2) SCOPE.— 

7 (A) IN GENERAL.—The study shall exam8 ine violence committed against Indian women, 

9 including— 

10 (i) domestic violence; 

11 (ii) dating violence; 

12 (iii) sexual assault; 

13 (iv) stalking; and 

14 (v) murder. 

15 (B) EVALUATION.—The study shall evalu16 ate the effectiveness of Federal, State, tribal, 

17 and local responses to the violations described 

18 in subparagraph (A) committed against Indian 

19 women. 

20 (C) RECOMMENDATIONS.—The study shall 

21 propose recommendations to improve the effec22 tiveness of Federal, State, tribal, and local re23 sponses to the violation described in subpara24 graph (A) committed against Indian women. 

25 (3) TASK FORCE.— 
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1 (A) IN GENERAL.—The Attorney General, 

2 acting through the Director of the Office on Vi3 olence Against Women, shall establish a task 

4 force to assist in the development and imple5 mentation of the study under paragraph (1) 

6 and guide implementation of the recommenda7 tion in paragraph (2)(C). 

8 (B) MEMBERS.—The Director shall ap9 point to the task force representatives from— 

10 (i) national tribal domestic violence 

11 and sexual assault nonprofit organizations; 

12 (ii) tribal governments; and 

13 (iii) representatives from the national 

14 tribal organizations. 

15 (4) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, the Attorney General 

17 shall submit to the Committee on Indian Affairs of 

18 the Senate, the Committee on the Judiciary of the 

19 Senate, and the Committee on the Judiciary of the 

20 House of Representatives a report that describes the 

21 study. 

22 (5) AUTHORIZATION OF APPROPRIATIONS.—

23 There is authorized to be appropriated to carry out 

24 this section $1,000,000 for each of fiscal years 2006 

25 and 2007, to remain available until expended. 
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1 (b) INJURY STUDY.— 

2 (1) IN GENERAL.—The Secretary of Health and 

3 Human Services, acting through the Indian Health 

4 Service and the Injury Control Division of the Cen5 ters for Disease Control and Prevention, shall con6 duct a study to obtain a national projection of— 

7 (A) the incidence of injuries and homicides 

8 resulting from domestic violence, dating vio9 lence, sexual assault, or stalking committed 

10 against American Indian and Alaska Native 

11 women; and 

12 (B) the cost of providing health care for 

13 the injuries described in subparagraph (A). 

14 (2) REPORT.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary of 

16 Health and Human Services shall submit to the 

17 Committee on Indian Affairs of the Senate, the 

18 Committee on the Judiciary of the Senate, and the 

19 Committee on the Judiciary of the House of Rep20 resentatives a report that describes the findings 

21 made in the study and recommends for health care 

22 strategies for reducing the incidence and cost of the 

23 injuries described in paragraph (1). 

24 (3) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to carry out 
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1 this section $500,000 for each of fiscal years 2006 

2 and 2007, to remain available until expended. 

3 SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN 

4 WOMEN. 

5 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

6 DATABASES.—Section 534 of title 28, United States Code, 

7 is amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

13 Attorney General shall permit Indian law enforcement 

14 agencies, in cases of domestic violence, dating violence, 

15 sexual assault, and stalking, to enter information into 

16 Federal criminal information databases and to obtain in17 formation from the databases.’’. 

18 (b) TRIBAL REGISTRY.— 

19 (1) ESTABLISHMENT.—The Attorney General 

20 shall contract with any interested Indian tribe, tribal 

21 organization, or tribal nonprofit organization to de22 velop and maintain— 

23 (A) a national tribal sex offender registry; 

24 and 
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1 (B) a tribal protection order registry con2 taining civil and criminal orders of protection 

3 issued by Indian tribes and participating juris4 dictions. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated to carry out 

7 this section $1,000,000 for each of fiscal years 2006 

8 through 2010, to remain available until expended. 

9 SEC. 906. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE 

10 AGAINST WOMEN. 

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

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

13 amended by adding at the end the following: 

14 ‘‘SEC. 2007. TRIBAL DEPUTY. 

15 ‘‘(a) ESTABLISHMENT.—There is established in the 

16 Office on Violence Against Women a Deputy Director for 

17 Tribal Affairs. 

18 ‘‘(b) DUTIES.— 

19 ‘‘(1) IN GENERAL.—The Deputy Director shall 

20 under the guidance and authority of the Director of 

21 the Office on Violence Against Women— 

22 ‘‘(A) oversee and manage the administra23 tion of grants to and contracts with Indian 

24 tribes, tribal courts, tribal organizations, or 

25 tribal nonprofit organizations; 
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1 ‘‘(B) ensure that, if a grant under this Act 

2 or a contract pursuant to such a grant is made 

3 to an organization to perform services that ben4 efit more than 1 Indian tribe, the approval of 

5 each Indian tribe to be benefited shall be a pre6 requisite to the making of the grant or letting 

7 of the contract; 

8 ‘‘(C) coordinate development of Federal 

9 policy, protocols, and guidelines on matters re10 lating to violence against Indian women; 

11 ‘‘(D) advise the Director of the Office on 

12 Violence Against Women concerning policies, 

13 legislation, implementation of laws, and other 

14 issues relating to violence against Indian 

15 women; 

16 ‘‘(E) represent the Office on Violence 

17 Against Women in the annual consultations 

18 under section 903; 

19 ‘‘(F) provide technical assistance, coordina20 tion, and support to other offices and bureaus 

21 in the Department of Justice to develop policy 

22 and to enforce Federal laws relating to violence 

23 against Indian women, including through litiga24 tion of civil and criminal actions relating to 

25 those laws; 
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1 ‘‘(G) maintain a liaison with the judicial 

2 branches of Federal, State, and tribal govern3 ments on matters relating to violence against 

4 Indian women; 

5 ‘‘(H) support enforcement of tribal protec6 tion orders and implementation of full faith and 

7 credit educational projects and comity agree8 ments between Indian tribes and States; and 

9 ‘‘(I) ensure that adequate tribal technical 

10 assistance is made available to Indian tribes, 

11 tribal courts, tribal organizations, and tribal 

12 nonprofit organizations for all programs relat13 ing to violence against Indian women. 

14 ‘‘(c) AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—The Deputy Director shall 

16 ensure that a portion of the tribal set-aside funds 

17 from any grant awarded under this Act, the Violence 

18 Against Women Act of 1994 (title IV of Public Law 

19 103–322; 108 Stat. 1902), or the Violence Against 

20 Women Act of 2000 (division B of Public Law 106–

21 386; 114 Stat. 1491) is used to enhance the capac22 ity of Indian tribes to address the safety of Indian 

23 women. 

24 ‘‘(2) ACCOUNTABILITY.—The Deputy Director 

25 shall ensure that some portion of the tribal set-aside 
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1 funds from any grant made under this part is used 

2 to hold offenders accountable through— 

3 ‘‘(A) enhancement to the response of In4 dian tribes to crimes of domestic violence, dat5 ing violence, sexual assault, and stalking 

6 against Indian women, including legal services 

7 for victims and Indian-specific offender pro8 grams; 

9 ‘‘(B) development and maintenance of trib10 al domestic violence shelters or programs for 

11 battered Indian women, including sexual assault 

12 services, that are based upon the unique cir13 cumstances of the Indian women to be served; 

14 ‘‘(C) development of tribal educational 

15 awareness programs and materials; 

16 ‘‘(D) support for customary tribal activities 

17 to strengthen the intolerance of an Indian tribe 

18 to violence against Indian women; and 

19 ‘‘(E) development, implementation, and 

20 maintenance of tribal electronic databases for 

21 tribal protection order registries.’’. 

22 SEC. 907. ENHANCED CRIMINAL LAW RESOURCES. 

23 (a) FIREARMS POSSESSION PROHIBITIONS.—Section 

24 921(33)(A)(i) of title 18, United States Code, is amended 
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1 to read: ‘‘(i) is a misdemeanor under Federal, State, or 

2 Tribal law; and’’. 

3 (b) LAW ENFORCEMENT AUTHORITY.—Section 4(3) 

4 of the Indian Law Enforcement Reform Act (25 U.S.C. 

5 2803(3) is amended—

6 (1) in subparagraph (A), by striking ‘‘or’’; 

7 (2) in subparagraph (B), by striking the semi8 colon and inserting ‘‘, or’’; and 

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

10 ‘‘(C) the offense is a misdemeanor crime of 

11 domestic violence and has, as an element, the 

12 use or attempted use of physical force, or the 

13 threatened use of a deadly weapon, committed 

14 by a current or former spouse, parent, or 

15 guardian of the victim, by a person with whom 

16 the victim shares a child in common, by a per17 son who is cohabitating with or has cohabited 

18 with the victim as a spouse, parent, or guard19 ian, or by a person similarly situated to a 

20 spouse, parent or guardian of the victim, and 

21 the employee has reasonable grounds to believe 

22 that the person to be arrested has committed, 

23 or is committing the crime;’’. 
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1 SEC. 908. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER. 

2 Chapter 7 of title 18, United States Code, is amended 

3 by adding at the end the following: 

4 ‘‘§ 117. DOMESTIC ASSAULT BY AN HABITUAL OF5 FENDER. 

6 ‘‘Any person who commits a domestic assault within 

7 the special maritime and territorial jurisdiction of the 

8 United States or Indian country and who has a final con9 viction on at least 2 separate prior occasions in Federal, 

10 State, or Indian tribal court proceedings for offenses that 

11 would be, if subject to Federal jurisdiction—

12 ‘‘(1) any assault, sexual abuse, or serious vio13 lent felony against a spouse or intimate partner; or 

14 ‘‘(2) an offense under chapter 110A, 

15 shall be fined under this title, imprisoned for a term of 

16 not more than 5 years, or both, except that if substantial 

17 bodily injury results from violation under this section, the 

18 offender shall be imprisoned for a term of not more than 

19 10 years.’’.

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