109TH CONGRESS

1ST SESSION S. 1197

AN ACT

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’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.

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.

Sec. 118. Updating Protection Order Definition.

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
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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.

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 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. 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

IMMIGRANTS

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.

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
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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. Protecting abused juveniles.

Sec. 827. Exception for the protection of domestic violence and crime victims.

Sec. 828. Rulemaking.

Subtitle D—International Marriage Broker Regulation

Sec. 831. Short title.

Sec. 832. Definitions.

Sec. 833. Regulation of international marriage brokers.

Sec. 834. Information about legal rights and resources for immigrant victims

of domestic violence.

Sec. 835. Changes in processing K nonimmigrant visas; consular confidentiality.

Sec. 836. Study and report.

Sec. 837. Effective date.

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. Safety for Indian women formula grants program.

Sec. 907. Tribal deputy in the Office on Violence Against Women.

Sec. 908. Enhanced criminal law resources.

Sec. 909. Domestic assault by an habitual offender.

TITLE X—DNA FINGERPRINTING

Sec. 1001. Short title.

Sec. 1002. Use of opt-out procedure to remove samples from national DNA

index.

Sec. 1003. Expanded use of CODIS grants.

Sec. 1004. Authorization to conduct DNA sample collection from persons arrested or detained under Federal authority.

Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.

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:
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1 ‘‘SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.

2 ‘‘(a) DEFINITIONS.—In this title:

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

4 civil or criminal, tribal, and Alaskan Village, Fed5 eral, State, local or territorial court having jurisdic6 tion to address domestic violence, dating violence,

7 sexual assault or stalking, including immigration,

8 family, juvenile, and dependency courts, and the ju9 dicial officers serving in those courts, including

10 judges, magistrate judges, commissioners, justices of

11 the peace, or any other person with decisionmaking

12 authority.

13 ‘‘(2) CHILD ABUSE AND NEGLECT.—The term

14 ‘child abuse and neglect’ means any recent act or

15 failure to act on the part of a parent or caregiver

16 which results in death, serious physical or emotional

17 harm, sexual abuse, or exploitation, or an act or fail18 ure to act which presents an imminent risk of seri19 ous harm.

20 ‘‘(3) CHILD MALTREATMENT.—The term ‘child

21 maltreatment’ means the physical or psychological

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

23 assault and abuse.

24 ‘‘(4) COURT-BASED AND COURT-RELATED PER25 SONNEL.—The term ‘court-based’ and ‘court-related
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1 personnel’ mean persons working in the court,

2 whether paid or volunteer, including—

3 ‘‘(A) clerks, special masters, domestic rela4 tions officers, administrators, mediators, cus5 tody evaluators, guardians ad litem, lawyers,

6 negotiators, probation, parole, interpreters, vic7 tim assistants, victim advocates, and judicial,

8 administrative, or any other professionals or

9 personnel similarly involved in the legal process;

10 ‘‘(B) court security personnel;

11 ‘‘(C) personnel working in related, supple12 mentary offices or programs (such as child sup13 port enforcement); and

14 ‘‘(D) any other court-based or community15 based personnel having responsibilities or au16 thority to address domestic violence, dating vio17 lence, sexual assault, or stalking in the court

18 system.

19 ‘‘(5) DOMESTIC VIOLENCE.—The term ‘domes20 tic violence’ includes felony or misdemeanor crimes

21 of violence committed by a current or former spouse

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

23 shares a child in common, by a person who is co24 habitating with or has cohabitated with the victim as

25 a spouse, by a person similarly situated to a spouse
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1 of the victim under the domestic or family violence

2 laws of the jurisdiction receiving grant monies, or by

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

4 victim who is protected from that person’s acts

5 under the domestic or family violence laws of the ju6 risdiction.

7 ‘‘(6) DATING PARTNER.—The term ‘dating

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

9 social relationship of a romantic or intimate nature

10 with the abuser, and where the existence of such a

11 relationship shall be determined based on a consider12 ation of—

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

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

15 ‘‘(C) the frequency of interaction between

16 the persons involved in the relationship.

17 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio18 lence’ means violence committed by a person—

19 ‘‘(A) who is or has been in a social rela20 tionship of a romantic or intimate nature with

21 the victim; and

22 ‘‘(B) where the existence of such a rela23 tionship shall be determined based on a consid24 eration of the following factors:

25 ‘‘(i) The length of the relationship.
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1 ‘‘(ii) The type of relationship.

2 ‘‘(iii) The frequency of interaction be3 tween the persons involved in the relation4 ship.

5 ‘‘(8) ELDER ABUSE.—The term ‘elder abuse’

6 means any action against a person who is 50 years

7 of age or older that constitutes the willful—

8 ‘‘(A) infliction of injury, unreasonable con9 finement, intimidation, or cruel punishment

10 with resulting physical harm, pain, or mental

11 anguish; or

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

13 caregiver, of goods or services that are nec14 essary to avoid physical harm, mental anguish,

15 or mental illness.

16 ‘‘(9) INDIAN.—The term ‘Indian’ means a

17 member of an Indian tribe.

18 ‘‘(10) INDIAN COUNTRY.—The term ‘‘Indian

19 country’’ has the same meaning given such term in

20 section 1151 of title 18, United States Code.

21 ‘‘(11) INDIAN HOUSING.—The term ‘Indian

22 housing’ means housing assistance described in the

23 Native American Housing Assistance and Self-De24 termination Act of 1996 (25 U.S.C. 4101 et seq., as

25 amended).
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1 ‘‘(12) INDIAN TRIBE.—The term ‘Indian tribe’

2 means a tribe, band, pueblo, nation, or other orga3 nized group or community of Indians, including any

4 Alaska Native village or regional or village corpora5 tion (as defined in, or established pursuant to, the

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

7 1601 et seq.)), that is recognized as eligible for the

8 special programs and services provided by the

9 United States to Indians because of their status as

10 Indians.

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

12 ‘Indian law enforcement’ means the departments or

13 individuals under the direction of the Indian tribe

14 that maintain public order.

15 ‘‘(14) LAW ENFORCEMENT.—The term ‘law en16 forcement’ means a public agency charged with po17 licing functions, including any of its component bu18 reaus (such as governmental victim services pro19 grams), including those referred to in section 3 of

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

21 2802).

22 ‘‘(15) LEGAL ASSISTANCE.—The term ‘legal as23 sistance’ includes assistance to adult and youth vic24 tims of domestic violence, dating violence, sexual as25 sault, and stalking in—
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1 ‘‘(A) family, tribal, territorial, immigra2 tion, employment, administrative agency, hous3 ing matters, campus administrative or protec4 tion or stay away order proceedings, and other

5 similar matters; and

6 ‘‘(B) criminal justice investigations, pros7 ecutions and post-trial matters (including sen8 tencing, parole, and probation) that impact the

9 victim’s safety and privacy.

10 ‘‘(16) LINGUISTICALLY AND CULTURALLY SPE11 CIFIC SERVICES.—The term ‘linguistically and cul12 turally specific services’ means community-based

13 services that offer full linguistic access and cul14 turally specific services and resources, including out15 reach, collaboration, and support mechanisms pri16 marily directed toward racial and ethnic populations

17 and other underserved communities.

18 ‘‘(17) PERSONALLY IDENTIFYING INFORMATION

19 OR PERSONAL INFORMATION.—The term ‘personally

20 identifying information’ or ‘personal information’

21 means individually identifying information for or

22 about an individual including information likely to

23 disclose the location of a victim of domestic violence,

24 dating violence, sexual assault, or stalking,

25 including—
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1 ‘‘(A) a first and last name;

2 ‘‘(B) a home or other physical address;

3 ‘‘(C) contact information (including a post4 al, e-mail or Internet protocol address, or tele5 phone or facsimile number);

6 ‘‘(D) a social security number; and

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

8 of birth, racial or ethnic background, or reli9 gious affiliation, that, in combination with any

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

11 to identify any individual.

12 ‘‘(18) PROSECUTION.—The term ‘prosecution’

13 means any public agency charged with direct respon14 sibility for prosecuting criminal offenders, including

15 such agency’s component bureaus (such as govern16 mental victim services programs).

17 ‘‘(19) PROTECTION ORDER OR RESTRAINING

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

19 order’ includes—

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

21 any other order issued by a civil or criminal

22 court for the purpose of preventing violent or

23 threatening acts or harassment against, sexual

24 violence or contact or communication with or

25 physical proximity to, another person, including
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1 any temporary or final orders issued by civil or

2 criminal courts whether obtained by filing an

3 independent action or as a pendente lite order

4 in another proceeding so long as any civil order

5 was issued in response to a complaint, petition,

6 or motion filed by or on behalf of a person seek7 ing protection; and

8 ‘‘(B) any support, child custody or visita9 tion provisions, orders, remedies, or relief

10 issued as part of a protection order, restraining

11 order, or stay away injunction pursuant to

12 State, tribal, territorial, or local law authorizing

13 the issuance of protection orders, restraining

14 orders, or injunctions for the protection of vic15 tims of domestic violence, dating violence, sex16 ual assault, or stalking.

17 ‘‘(20) RURAL AREA AND RURAL COMMUNITY.—

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

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

20 no part of which is within an area designated

21 as a standard metropolitan statistical area by

22 the Office of Management and Budget; or

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

24 that is—
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1 ‘‘(i) within an area designated as a

2 metropolitan statistical area or considered

3 as part of a metropolitan statistical area;

4 and

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

6 ‘‘(21) RURAL STATE.—The term ‘rural State’

7 means a State that has a population density of 52

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

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

10 based on the most recent decennial census.

11 ‘‘(22) SEXUAL ASSAULT.—The term ‘sexual as12 sault’ means any conduct prescribed by chapter

13 109A of title 18, United States Code, whether or not

14 the conduct occurs in the special maritime and terri15 torial jurisdiction of the United States or in a Fed16 eral prison and includes both assaults committed by

17 offenders who are strangers to the victim and as18 saults committed by offenders who are known or re19 lated by blood or marriage to the victim.

20 ‘‘(23) STALKING.—The term ‘stalking’ means

21 engaging in a course of conduct directed at a spe22 cific person that would cause a reasonable person

23 to—

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

25 of others; or
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1 ‘‘(B) suffer substantial emotional distress.

2 ‘‘(24) STATE.—The term ‘State’ means each of

3 the several States and the District of Columbia, and

4 except as otherwise provided, the Commonwealth of

5 Puerto Rico, Guam, American Samoa, the Virgin Is6 lands, and the Northern Mariana Islands.

7 ‘‘(25) STATE DOMESTIC VIOLENCE COALI8 TION.—The term ‘State domestic violence coalition’

9 means a program determined by the Administration

10 for Children and Families under the Family Violence

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

12 ‘‘(26) STATE SEXUAL ASSAULT COALITION.—

13 The term ‘State sexual assault coalition’ means a

14 program determined by the Center for Injury Pre15 vention and Control of the Centers for Disease Con16 trol and Prevention under the Public Health Service

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

18 ‘‘(27) TERRITORIAL DOMESTIC VIOLENCE OR

19 SEXUAL ASSAULT COALITION.—The term ‘territorial

20 domestic violence or sexual assault coalition’ means

21 a program addressing domestic or sexual violence

22 that is—

23 ‘‘(A) an established nonprofit, nongovern24 mental territorial coalition addressing domestic
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1 violence or sexual assault within the territory;

2 or

3 ‘‘(B) a nongovernmental organization with

4 a demonstrated history of addressing domestic

5 violence or sexual assault within the territory

6 that proposes to incorporate as a nonprofit,

7 nongovernmental territorial coalition.

8 ‘‘(28) TRIBAL COALITION.—The term ‘tribal co9 alition’ means—

10 ‘‘(A) an established nonprofit, nongovern11 mental tribal coalition addressing domestic vio12 lence and sexual assault against American In13 dian or Alaskan Native women; or

14 ‘‘(B) individuals or organizations that pro15 pose to incorporate as nonprofit, nongovern16 mental tribal coalitions to address domestic vio17 lence and sexual assault against American In18 dian or Alaskan Native women.

19 ‘‘(29) TRIBAL GOVERNMENT.—The term ‘tribal

20 government’ means—

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

22 tribe; or

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

24 organized group or community of Indians, in25 cluding any Alaska Native village or regional or
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1 village corporation (as defined in, or established

2 pursuant to, the Alaska Native Claims Settle3 ment Act (43 U.S.C. 1601 et seq.)), that is rec4 ognized as eligible for the special programs and

5 services provided by the United States to Indi6 ans because of their status as Indians.

7 ‘‘(30) TRIBAL ORGANIZATION.—The term ‘trib8 al organization’ means—

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

10 tribe;

11 ‘‘(B) any legally established organization

12 of Indians which is controlled, sanctioned, or

13 chartered by such governing body of a tribe or

14 tribes to be served, or which is democratically

15 elected by the adult members of the Indian

16 community to be served by such organization

17 and which includes the maximum participation

18 of Indians in all phases of its activities; or

19 ‘‘(C) any tribal nonprofit organization.

20 ‘‘(31) UNDERSERVED POPULATIONS.—The

21 term ‘underserved populations’ includes populations

22 underserved because of geographic location, under23 served racial and ethnic populations, populations un24 derserved because of special needs (such as language

25 barriers, disabilities, alienage status, or age), and
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1 any other population determined to be underserved

2 by the Attorney General.

3 ‘‘(32) VICTIM ADVOCATE.—The term ‘victim

4 advocate’ means a person, whether paid or serving

5 as a volunteer, who provides services to victims of

6 domestic violence, sexual assault, stalking, or dating

7 violence under the auspices or supervision of a vic8 tim services program.

9 ‘‘(33) VICTIM ASSISTANT.—The term ‘victim

10 assistant’ means a person, whether paid or serving

11 as a volunteer, who provides services to victims of

12 domestic violence, sexual assault, stalking, or dating

13 violence under the auspices or supervision of a court

14 or a law enforcement or prosecution agency.

15 ‘‘(34) VICTIM SERVICES OR VICTIM SERVICE

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

17 service provider’ means a nonprofit, nongovern18 mental organization that assists domestic violence,

19 dating violence, sexual assault, or stalking victims,

20 including rape crisis centers, domestic violence shel21 ters, faith-based organizations, and other organiza22 tions, with a documented history of effective work

23 concerning domestic violence, dating violence, sexual

24 assault, or stalking.
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1 ‘‘(35) YOUTH.—The term ‘youth’ means teen

2 and young adult victims of domestic violence, dating

3 violence, sexual assault, or stalking.

4 ‘‘(b) GRANT CONDITIONS.—

5 ‘‘(1) MATCH.—No matching funds shall be re6 quired for a grant or subgrant made under this title

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

8 victim service provider.

9 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR

10 PRIVATE INFORMATION.—

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

12 safety of adult, youth, and child victims of do13 mestic violence, dating violence, sexual assault,

14 or stalking, and their families, grantees and

15 subgrantees under this title shall protect the

16 confidentiality and privacy of persons receiving

17 services.

18 ‘‘(B) NONDISCLOSURE.—Subject to sub19 paragraphs (C) and (D), grantees and sub20 grantees shall not—

21 ‘‘(i) disclose any personally identifying

22 information or individual information col23 lected in connection with services re24 quested, utilized, or denied through grant25 ees’ and subgrantees’ programs; or
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1 ‘‘(ii) reveal individual client informa2 tion without the informed, written, reason3 ably time-limited consent of the person (or

4 in the case of an unemancipated minor, the

5 minor and the parent or guardian or in the

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

8 whether for this program or any other

9 Federal, State, tribal, or territorial grant

10 program, except that consent for release

11 may not be given by the abuser of the

12 minor, person with disabilities, or the

13 abuser of the other parent of the minor.

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

15 described in subparagraph (B) is compelled by

16 statutory or court mandate—

17 ‘‘(i) grantees and subgrantees shall

18 make reasonable attempts to provide notice

19 to victims affected by the disclosure of in20 formation; and

21 ‘‘(ii) grantees and subgrantees shall

22 take steps necessary to protect the privacy

23 and safety of the persons affected by the

24 release of the information.
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1 ‘‘(D) INFORMATION SHARING.—Grantees

2 and subgrantees may share—

3 ‘‘(i) nonpersonally identifying data in

4 the aggregate regarding services to their

5 clients and nonpersonally identifying demo6 graphic information in order to comply

7 with Federal, State, tribal, or territorial

8 reporting, evaluation, or data collection re9 quirements;

10 ‘‘(ii) court-generated information and

11 law-enforcement generated information

12 contained in secure, governmental reg13 istries for protection order enforcement

14 purposes; and

15 ‘‘(iii) law enforcement- and prosecu16 tion-generated information necessary for

17 law enforcement and prosecution purposes.

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

19 the activities under this title, grantees and sub20 grantees may collaborate with and provide informa21 tion to Federal, State, local, tribal, and territorial

22 public officials and agencies to develop and imple23 ment policies to reduce or eliminate domestic vio24 lence, dating violence, sexual assault, and stalking.
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1 ‘‘(4) NON-SUPPLANTATION.—Any Federal

2 funds received under this title shall be used to sup3 plement, not supplant, non-Federal funds that would

4 otherwise be available for activities under this title.

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

6 appropriated under this title may be used only for

7 the specific purposes described in this title and shall

8 remain available until expended.

9 ‘‘(6) REPORTS.—An entity receiving a grant

10 under this title shall submit to the disbursing agency

11 a report detailing the activities undertaken with the

12 grant funds, including and providing additional in13 formation as the agency shall require.

14 ‘‘(7) EVALUATION.—Federal agencies dis15 bursing funds under this title shall set aside up to

16 3 percent of such funds in order to conduct—

17 ‘‘(A) evaluations of specific programs or

18 projects funded by the disbursing agency under

19 this title or related research; or

20 ‘‘(B) evaluations of promising practices or

21 problems emerging in the field or related re22 search, in order to inform the agency or agen23 cies as to which programs or projects are likely

24 to be effective or responsive to needs in the

25 field.
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1 ‘‘(8) NONEXCLUSIVITY.—Nothing in this title

2 shall be construed to prohibit male victims of domes3 tic violence, dating violence, sexual assault, and

4 stalking from receiving benefits and services under

5 this title.’’.

6 (b) DEFINITIONS AND GRANT CONDITIONS IN CRIME

7 CONTROL ACT.—

8 (1) PART T.—Part T of title I of the Omnibus

9 Crime Control and Safe Streets Act of 1968 (42

10 U.S.C. 3796gg et seq.) is amended by striking sec11 tion 2008 and inserting the following:

12 ‘‘SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.

13 ‘‘In this part the definitions and grant conditions in

14 section 40002 of the Violence Against Women Act of 1994

15 shall apply.’’.

16 (2) PART U.—Section 2105 of the Omnibus

17 Crime Control and Safe Streets Act of 1968 is

18 amended to read as follows:

19 ‘‘SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.

20 ‘‘In this part the definitions and grant conditions in

21 section 40002 of the Violence Against Women Act of 1994

22 shall apply.’’.

23 (c) DEFINITIONS AND GRANT CONDITIONS IN 2000

24 ACT.—Section 1002 of the Violence Against Women Act
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1 of 2000 (42 U.S.C. 3796gg–2 note) is amended to read

2 as follows:

3 ‘‘SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.

4 ‘‘In this division the definitions and grant conditions

5 in section 40002 of the Violence Against Women Act of

6 1994 shall apply.’’.

7 TITLE I—ENHANCING JUDICIAL

8 AND LAW ENFORCEMENT

9 TOOLS TO COMBAT VIOLENCE

10 AGAINST WOMEN

11 SEC. 101. STOP GRANTS IMPROVEMENTS.

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

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

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

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

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

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

18 (b) PURPOSE AREA ENHANCEMENTS.—Section

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

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

21 (1) in paragraph (10), by striking ‘‘and’’ after

22 the semicolon;

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

24 and inserting ‘‘; and’’; and

25 (3) by adding at the end the following:
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1 ‘‘(12) maintaining core victim services and

2 criminal justice initiatives, while supporting com3 plementary new initiatives and emergency services

4 for victims and their families.’’.

5 (c) CLARIFICATION OF ACTIVITIES REGARDING UN6 DERSERVED POPULATIONS.—Section 2007 of the Omni7 bus Crime Control and Safe Streets Act of 1968 (42

8 U.S.C. 3796gg–1) is amended—

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

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

11 will address the needs of racial and ethnic popu12 lations and underserved populations’’; and

13 (2) in subsection (e)(2), by striking subpara14 graph (D) and inserting the following:

15 ‘‘(D) recognize and meaningfully respond

16 to the needs of underserved populations and en17 sure that monies set aside to fund linguistically

18 and culturally specific services and activities for

19 underserved populations are distributed equi20 tably among those populations.’’.

21 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section

22 2007 of the Omnibus Crime Control and Safe Streets Act

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

24 (1) in subsection (b)—
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1 (A) in paragraph (1), by striking ‘‘5 per2 cent’’ and inserting ‘‘10 percent’’;

(B) in paragraph (2), striking by ‘‘1 3 ⁄54’’

and inserting ‘‘1 4 ⁄56’’;

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

6 coalition for the combined Territories of the

7 United States, each receiving an amount equal

to 1 8 ⁄54’’ and inserting ‘‘coalitions for Guam,

9 American Samoa, the United States Virgin Is10 lands, and the Commonwealth of the Northern

11 Mariana Islands, each receiving an amount

12 equal to 1/56’’; and

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

14 and inserting ‘‘1/56’’; and

15 (2) in subsection (d)—

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

17 after the semicolon;

18 (B) in paragraph (3), by striking the pe19 riod and inserting ‘‘; and’’; and

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

21 ‘‘(4) documentation showing that tribal, terri22 torial, State or local prosecution, law enforcement,

23 and court and victim service providers have con24 sulted with tribal, territorial, State, or local victim

25 service programs during the course of developing
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1 their grant applications in order to ensure that pro2 posed services, activities and equipment acquisitions

3 are designed to promote the safety, confidentiality,

4 and economic independence of victims of domestic vi5 olence, sexual assault, stalking, and dating vio6 lence.’’.

7 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

8 COLLECTION.—Section 2007 of the Omnibus Crime Con9 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–

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

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

12 COLLECTION.—

13 ‘‘(1) IN GENERAL.—Of the total amounts ap14 propriated under this part, not less than 3 percent

15 and up to 8 percent shall be available for providing

16 training and technical assistance relating to the pur17 pose areas of this part to improve the capacity of

18 grantees, subgrantees and other entities.

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

20 Office on Violence Against Women shall ensure that

21 training or technical assistance regarding violence

22 against Indian women will be developed and pro23 vided by entities having expertise in tribal law, cus24 tomary practices, and Federal Indian law.’’.
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1 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.—

2 Section 2010 of the Omnibus Crime Control and Safe

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

4 adding at the end the following:

5 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov6 ernment may use Federal grant funds under this part to

7 pay for forensic medical exams performed by trained ex8 aminers for victims of sexual assault, except that such

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

10 by any State, Indian tribal government, or territorial gov11 ernment that requires victims of sexual assault to seek re12 imbursement for such exams from their insurance carriers.

13 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to permit a State, Indian tribal

15 government, or territorial government to require a victim

16 of sexual assault to participate in the criminal justice sys17 tem or cooperate with law enforcement in order to be pro18 vided with a forensic medical exam, reimbursement for

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

20 ‘‘(e) JUDICIAL NOTIFICATION.—

21 ‘‘(1) IN GENERAL.—A State or unit of local

22 government shall not be entitled to funds under this

23 part unless the State or unit of local government—

24 ‘‘(A) certifies that its judicial administra25 tive policies and practices include notification to
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1 domestic violence offenders of the requirements

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

3 title 18, United States Code, and any applicable

4 related Federal, State, or local laws; or

5 ‘‘(B) gives the Attorney General assur6 ances that its judicial administrative policies

7 and practices will be in compliance with the re8 quirements of subparagraph (A) within the

9 later of—

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

11 which the next session of the State legisla12 ture ends; or

13 ‘‘(ii) 2 years.

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

15 State or unit of local government under subsection

16 (a) shall be distributed to other States and units of

17 local government, pro rata.’’.

18 (g) POLYGRAPH TESTING PROHIBITION.—Part T of

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

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

21 at the end the following:

22 ‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION.

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

24 under this part, a State, Indian tribal government, terri25 torial government, or unit of local government shall certify
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1 that, not later than 3 years after the date of enactment

2 of this section, their laws, policies, or practices will ensure

3 that no law enforcement officer, prosecuting officer or

4 other government official shall ask or require an adult,

5 youth, or child victim of an alleged sex offense as defined

6 under Federal, tribal, State, territorial, or local law to sub7 mit to a polygraph examination or other truth telling de8 vice as a condition for proceeding with the investigation

9 of such an offense.

10 ‘‘(b) PROSECUTION.—The refusal of a victim to sub11 mit to an examination described in subsection (a) shall

12 not prevent the investigation, charging, or prosecution of

13 the offense.’’.

14 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE

15 PROTECTION ORDERS IMPROVEMENTS.

16 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

17 1001(a)(19) of title I of the Omnibus Crime Control and

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

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

20 2001 through 2005’’ and inserting ‘‘$75,000,000 for each

21 of fiscal years 2006 through 2010. Funds appropriated

22 under this paragraph shall remain available until ex23 pended.’’.
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1 (b) GRANTEE REQUIREMENTS.—Section 2101 of the

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

3 U.S.C. 3796hh) is amended—

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

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

7 assault, and stalking as serious violations’’;

8 (2) in subsection (b)—

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

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

11 territorial,’’;

12 (B) in paragraph (1), by—

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

14 and

15 (ii) striking ‘‘mandatory arrest pro16 grams and’’;

17 (C) in paragraph (2), by—

18 (i) inserting after ‘‘educational pro19 grams,’’ the following: ‘‘protection order

20 registries,’’;

21 (ii) striking ‘‘domestic violence and

22 dating violence’’ and inserting ‘‘domestic

23 violence, dating violence, sexual assault,

24 and stalking. Policies, educational pro25 grams, protection order registries, and
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1 training described in this paragraph shall

2 incorporate confidentiality, and privacy

3 protections for victims of domestic vio4 lence, dating violence, sexual assault, and

5 stalking’’;

6 (D) in paragraph (3), by—

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

8 and inserting ‘‘domestic violence, dating vi9 olence, sexual assault, and stalking cases’’;

10 and

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

12 ‘‘teams’’;

13 (E) in paragraph (5), by striking ‘‘domes14 tic violence and dating violence’’ and inserting

15 ‘‘domestic violence, dating violence, sexual as16 sault, and stalking’’;

17 (F) in paragraph (6), by—

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

19 ‘‘civil’’; and

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

21 the following: ‘‘, dating violence, sexual as22 sault, and stalking’’; and

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

24 ‘‘(9) To develop State, tribal, territorial, or

25 local policies, procedures, and protocols for pre-
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1 venting dual arrests and prosecutions in cases of do2 mestic violence, dating violence, sexual assault, and

3 stalking, and to develop effective methods for identi4 fying the pattern and history of abuse that indicates

5 which party is the actual perpetrator of abuse.

6 ‘‘(10) To plan, develop and establish com7 prehensive victim service and support centers, such

8 as family justice centers, designed to bring together

9 victim advocates from non-profit, non-governmental

10 victim services organizations, law enforcement offi11 cers, prosecutors, probation officers, governmental

12 victim assistants, forensic medical professionals, civil

13 legal attorneys, chaplains, legal advocates, represent14 atives from community-based organizations and

15 other relevant public or private agencies or organiza16 tions into one centralized location, in order to im17 prove safety, access to services, and confidentiality

18 for victims and families. Although funds may be

19 used to support the colocation of project partners

20 under this paragraph, funds may not support con21 struction or major renovation expenses or activities

22 that fall outside of the scope of the other statutory

23 purpose areas.

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

25 training for police, prosecutors, probation and parole
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1 officers, and the judiciary in recognizing, inves2 tigating, and prosecuting instances of sexual assault,

3 with an emphasis on recognizing the threat to the

4 community for repeat crime perpetration by such in5 dividuals.’’;

6 (3) in subsection (c)—

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

8 after the semicolon;

9 (B) in paragraph (4), by striking the pe10 riod and inserting ‘‘; and’’; and

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

12 ‘‘(5) certify that, not later than 3 years after

13 the date of enactment of this section, their laws,

14 policies, or practices will ensure that—

15 ‘‘(A) no law enforcement officer, pros16 ecuting officer or other government official shall

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

18 of a sex offense as defined under Federal, trib19 al, State, territorial, or local law to submit to

20 a polygraph examination or other truth telling

21 device as a condition for proceeding with the in22 vestigation of such an offense; and

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

24 an examination described in subparagraph (A)
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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.’’.
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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) by striking paragraph (2)

19 and inserting the following:

20 ‘‘(2) any training program conducted in satis21 faction of the requirement of paragraph (1) has been

22 or will be developed with input from and in collabo23 ration with a tribal, State, territorial, or local do24 mestic violence, dating violence, sexual assault or

25 stalking organization or coalition, as well as appro-
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1 priate tribal, State, territorial, and local law enforce2 ment officials;

3 (4) in subsection (e), by inserting ‘‘dating vio4 lence,’’ after ‘‘domestic violence,’’; and

5 (5) in subsection (f)—

6 (A) by striking paragraph (1) and insert7 ing the following:

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

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

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

11 (B) in paragraph (2)(A), by—

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

13 ‘‘10 percent’’; and

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

15 ‘‘that assist’’.

16 SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL

17 SERVICES.

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

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

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

21 111 Stat. 2510) is amended—

22 (1) in subsection (a)(2)(C)—

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

24 striking ‘‘using funds derived from a source
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1 other than the Corporation to provide’’ and in2 serting ‘‘providing’’;

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

4 United States’’ and all that follows and insert5 ing ‘‘or a victim of sexual assault or trafficking

6 in the United States, or qualifies for immigra7 tion relief under section 101(a)(15)(U) of the

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

9 1101(a)(15)(U)); or’’; and

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

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

12 without the active participation of the alien, has

13 been battered or subjected to extreme cruelty or

14 a victim of sexual assault or trafficking in the

15 United States, or qualifies for immigration re16 lief under section 101(a)(15)(U) of the Immi17 gration and Nationality Act (8 U.S.C.

18 1101(a)(15)(U)).’’; and

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

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

21 or trafficking, or the crimes listed in section

22 101(a)(15)(U)(iii) of the Immigration and Nation23 ality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’.

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

25 amendments made by this Act, shall be construed to re-
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1 strict the legal assistance provided to victims of trafficking

2 and certain family members authorized under section

3 107(b)(1) of the Trafficking Victims Protection Act of

4 2000 (22 U.S.C. 7105(b)(1)).

5 SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT

6 TRAINING AND IMPROVEMENTS.

7 (a) VIOLENCE AGAINST WOMEN ACT COURT TRAIN8 ING AND IMPROVEMENTS.—The Violence Against Women

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

10 at the end the following:

11 ‘‘Subtitle J—Violence Against

12 Women Act Court Training and

13 Improvements

14 ‘‘SEC. 41001. SHORT TITLE.

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

16 Women Act Court Training and Improvements Act of

17 2005’.

18 ‘‘SEC. 41002. PURPOSE.

19 ‘‘The purpose of this subtitle is to enable the Attor20 ney General, though the Director of the Office on Violence

21 Against Women, to award grants to improve court re22 sponses to adult and youth domestic violence, dating vio23 lence, sexual assault, and stalking to be used for—

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

25 functions, responses, practices, and procedures;
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1 ‘‘(2) education for court-based and court-related

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

4 economic independence, as well as information about

5 perpetrator behavior and best practices for holding

6 perpetrators accountable;

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

8 State, tribal, territorial, and local public agencies

9 and officials and nonprofit, nongovernmental organi10 zations to improve implementation and enforcement

11 of relevant Federal, State, tribal, territorial, and

12 local law;

13 ‘‘(4) enabling courts or court-based or court-re14 lated programs to develop new or enhance current—

15 ‘‘(A) court infrastructure (such as special16 ized courts, dockets, intake centers, or inter17 preter services);

18 ‘‘(B) community-based initiatives within

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

21 supplementary services);

22 ‘‘(C) offender management, monitoring,

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

4 ‘‘(E) education and outreach programs 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, territorial, or

23 local private, nonprofit organizations with dem24 onstrated expertise in developing and providing
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1 judicial education about domestic violence, dat2 ing violence, 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 youth 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.
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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
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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
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1 percent shall be used for grants for tribal courts, tribal

2 court-related programs, and tribal nonprofits.’’.

3 SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

4 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

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

6 States Code, is amended by—

7 (1) striking ‘‘or Indian tribe’’ each place it ap8 pears and inserting ‘‘, Indian tribe, or territory’’;

9 and

10 (2) striking ‘‘State or tribal’’ each place it ap11 pears and inserting ‘‘State, tribal, or territorial’’.

12 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE13 MENT AUTHORITY AND RESPONSIBILITIES.—Section

14 2265(a) of title 18, United States Code, is amended by

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

16 enforced by the court and law enforcement personnel of

17 the other State, Indian tribal government or Territory as

18 if it were’’.

19 (c) LIMITS ON INTERNET PUBLICATION OF PROTEC20 TION ORDER INFORMATION.—Section 2265(d) of title 18,

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

22 following:

23 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF

24 REGISTRATION INFORMATION.—A State, Indian

25 tribe, or territory shall not publish publicly on the
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1 Internet any information regarding the registration

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

3 injunction in either the issuing or enforcing State,

4 tribal or territorial jurisdiction, if such publication

5 would be likely to publicly reveal the identity or loca6 tion of the party protected under such order. A

7 State, Indian tribe, or territory may share court-gen8 erated and law enforcement-generated information

9 contained in secure, governmental registries for pro10 tection order enforcement purposes.’’.

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

12 States Code, is amended—

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

14 following:

15 ‘‘(5) PROTECTION ORDER.—The term ‘protec16 tion order’ includes—

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

18 any other order issued by a civil or criminal

19 court for the purpose of preventing violent or

20 threatening acts or harassment against, sexual

21 violence, or contact or communication with or

22 physical proximity to, another person, including

23 any temporary or final order issued by a civil

24 or criminal court whether obtained by filing an

25 independent action or as a pendente lite order
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1 in another proceeding so long as any civil or

2 criminal order was issued in response to a com3 plaint, petition, or motion filed by or on behalf

4 of a person seeking protection; and

5 ‘‘(B) any support, child custody or visita6 tion provisions, orders, remedies or relief issued

7 as part of a protection order, restraining order,

8 or injunction pursuant to State, tribal, terri9 torial, or local law authorizing the issuance of

10 protection orders, restraining orders, or injunc11 tions for the protection of victims of domestic

12 violence, sexual assault, dating violence, or

13 stalking.’’; and

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

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

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

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

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

19 ‘‘2261A—

20 ‘‘(I) a spouse or former spouse of

21 the abuser, a person who shares a

22 child in common with the abuser, and

23 a person who cohabits or has

24 cohabited as a spouse with the abuser;

25 or
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1 ‘‘(II) a person who is or has been

2 in a social relationship of a romantic

3 or intimate nature with the abuser, as

4 determined by the length of the rela5 tionship, the type of relationship, and

6 the frequency of interaction between

7 the persons involved in the relation8 ship’’.

9 SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES10 TIC VIOLENCE, DATING VIOLENCE, SEXUAL

11 VIOLENCE, AND STALKING.

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

13 1902 et seq.) is amended by adding at the end the fol14 lowing:

15 ‘‘Subtitle K—Privacy Protections

16 for Victims of Domestic Vio17 lence, Dating Violence, Sexual

18 Violence, and Stalking

19 ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CON20 FIDENTIALITY OF VICTIMS OF DOMESTIC VI21 OLENCE, DATING VIOLENCE, SEXUAL AS22 SAULT, AND STALKING.

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

24 Office on Violence Against Women, may award grants

25 under this subtitle to States, Indian tribes, territories, or
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1 local agencies or nonprofit, nongovernmental organiza2 tions to ensure that personally identifying information of

3 adult, youth, and child victims of domestic violence, sexual

4 violence, stalking, and dating violence shall not be released

5 or disclosed to the detriment of such victimized persons.

6 ‘‘SEC. 41102. PURPOSE AREAS.

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

8 ‘‘(1) to develop or improve protocols, proce9 dures, and policies for the purpose of preventing the

10 release of personally identifying information of vic11 tims (such as developing alternative identifiers);

12 ‘‘(2) to defray the costs of modifying or improv13 ing existing databases, registries, and victim notifi14 cation systems to ensure that personally identifying

15 information of victims is protected from release, un16 authorized information sharing and disclosure;

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

18 that will enable victims of violence to make a single

19 request to keep personally identifying information

20 out of multiple databases, victim notification sys21 tems, and registries; or

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

23 notice requirements regarding electronic surveillance

24 by government entities), to protect against abuses of

25 technology (such as electronic or GPS stalking), or
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1 providing training for law enforcement on high tech

2 electronic crimes of domestic violence, dating vio3 lence, sexual assault, and stalking.

4 ‘‘SEC. 41103. ELIGIBLE ENTITIES.

5 ‘‘Entities eligible for grants under this subtitle

6 include—

7 ‘‘(1) jurisdictions or agencies within jurisdic8 tions having authority or responsibility for devel9 oping or maintaining public databases, registries or

10 victim notification systems;

11 ‘‘(2) nonprofit nongovernmental victim advocacy

12 organizations having expertise regarding confiden13 tiality, privacy, and information technology and how

14 these issues are likely to impact the safety of vic15 tims;

16 ‘‘(3) States or State agencies;

17 ‘‘(4) local governments or agencies;

18 ‘‘(5) Indian tribal governments or tribal organi19 zations;

20 ‘‘(6) territorial governments, agencies, or orga21 nizations; or

22 ‘‘(7) nonprofit nongovernmental victim advocacy

23 organizations, including statewide domestic violence

24 and sexual assault coalitions.
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1 ‘‘SEC. 41104. GRANT CONDITIONS.

2 ‘‘Applicants described in paragraph (1) and para3 graphs (3) through (6) shall demonstrate that they have

4 entered into a significant partnership with a State, tribal,

5 territorial, or local victim service or advocacy organization

6 or condition in order to develop safe, confidential, and ef7 fective protocols, procedures, policies, and systems for pro8 tecting personally identifying information 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 to Indian tribes for programs that

16 assist victims of domestic violence, dating violence, stalk17 ing, and sexual assault.

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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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.’’.
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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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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.
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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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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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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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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 distress to that person, a member

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

22 of that person, or the spouse or intimate partner of

23 that person; or

24 ‘‘(2) with the intent—
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1 ‘‘(A) to kill, injure, harass, place under

2 surveillance, intimidate, or cause substantial

3 emotional distress to a person in another State

4 or tribal jurisdiction or within the special mari5 time and territorial jurisdiction of the United

6 States; 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 distress to that person

21 or places that person in reasonable fear of the death

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

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

2 title.’’.

3 (b) ENHANCED PENALTIES FOR STALKING.—Section

4 2261(b) of title 18, United States Code, is amended by

5 adding at the end the following:

6 ‘‘(6) Whoever commits the crime of stalking in

7 violation of a temporary or permanent civil or crimi8 nal injunction, restraining order, no-contact order,

9 or other order described in section 2266 of title 18,

10 United States Code, shall be punished by imprison11 ment for not less than 1 year.’’.

12 SEC. 115. REPEAT OFFENDER PROVISION.

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

14 amended by adding after section 2265 the following:

15 ‘‘§ 2265A. Repeat offenders

16 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The max17 imum term of imprisonment for a violation of this chapter

18 after a prior domestic violence or stalking offense shall

19 be twice the term otherwise provided under this chapter.

20 ‘‘(b) DEFINITION.—For purposes of this section—

21 ‘‘(1) the term ‘prior domestic violence or stalk22 ing offense’ means a conviction for an offense—

23 ‘‘(A) under section 2261, 2261A, or 2262

24 of this chapter; or
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1 ‘‘(B) under State law for an offense con2 sisting of conduct that would have been an of3 fense under a section referred to in subpara4 graph (A) if the conduct had occurred within

5 the special maritime and territorial jurisdiction

6 of the United States, or in interstate or foreign

7 commerce; and

8 ‘‘(2) the term ‘State’ means a State of the

9 United States, the District of Columbia, or any com10 monwealth, territory, or possession of the United

11 States.’’.

12 SEC. 116. PROHIBITING DATING VIOLENCE.

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

14 United States Code, is amended—

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

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

17 partner’’; and

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

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

20 partner’’.

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

22 States Code, is amended by adding at the end the fol23 lowing:

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

25 partner’ refers to a person who is or has been in a
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1 social relationship of a romantic or intimate nature

2 with the abuser and the existence of such a relation3 ship based on a consideration of—

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

5 ‘‘(B) the type of relationship; and

6 ‘‘(C) the frequency of interaction between

7 the persons involved in the relationship.’’.

8 SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME

9 AND TERRITORIAL JURISDICTION.

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

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

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

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

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

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

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

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

18 SEC. 118. UPDATING PROTECTION ORDER DEFINITION.

19 Section 9534 of title 28, United States Code, is

20 amended by striking subsection (e)(3)(B) and inserting

21 the following:

22 ‘‘(B) the term ‘protection order’ includes—

23 ‘‘(i) any injunction, restraining order,

24 or any other order issued by a civil or

25 criminal court for the purpose of pre-
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1 venting violent or threatening acts or har2 assment against, sexual violence or contact

3 or communication with or physical prox4 imity to, another person, including any

5 temporary or final orders issued by civil or

6 criminal courts whether obtained by filing

7 an independent action or as a pendente lite

8 order in another proceeding so long as any

9 civil order was issued in response to a com10 plaint, petition, or motion filed by or on

11 behalf of a person seeking protection; and

12 ‘‘(ii) any support, child custody or vis13 itation provisions, orders, remedies, or re14 lief issued as part of a protection order, re15 straining order, or stay away injunction

16 pursuant to State, tribal, territorial, or

17 local law authorizing the issuance of pro18 tection orders, restraining orders, or in19 junctions for the protection of victims of

20 domestic violence, dating violence, sexual

21 assault, or stalking.’’.
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1 TITLE II—IMPROVING SERVICES

2 FOR VICTIMS OF DOMESTIC

3 VIOLENCE, DATING VIO4 LENCE, SEXUAL ASSAULT,

5 AND STALKING

6 SEC. 201. 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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1 (5) Geographic isolation often compounds 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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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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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. 2014. SEXUAL ASSAULT SERVICES.

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

13 ‘‘(1) to assist States, Indian tribes, and terri14 tories in providing intervention, advocacy, accom15 paniment, support services, and related assistance

16 for—

17 ‘‘(A) adult, youth, and child victims of sex18 ual assault;

19 ‘‘(B) family and household members of

20 such victims; and

21 ‘‘(C) those collaterally affected by the vic22 timization, except for the perpetrator of such

23 victimization;

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

25 training relating to sexual assault to—
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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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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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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 ensure 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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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 1.50

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. The remaining funds shall be allotted

17 to each State and each territory in an amount that

18 bears the same ratio to such remaining funds as the

19 population of such State and such territory bears to

20 the population of the combined States or the popu21 lation of the combined territories.

22 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

23 ADDRESSING SEXUAL ASSAULT.—

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

25 General shall award grants to eligible entities to
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1 support the establishment, maintenance, and expan2 sion of culturally specific intervention and related

3 assistance for victims of sexual assault.

4 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re5 ceive a grant under this section, an entity shall—

6 ‘‘(A) be a private nonprofit organization

7 that focuses primarily on racial and ethnic com8 munities;

9 ‘‘(B) must have documented organizational

10 experience in the area of sexual assault inter11 vention or have entered into a partnership with

12 an organization having such expertise;

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

14 community-based, linguistically and culturally

15 specific outreach and intervention services rel16 evant for the specific racial and ethnic commu17 nities to whom assistance would be provided or

18 have the capacity to link to existing services in

19 the community tailored to the needs of racial

20 and ethnic populations; and

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

22 committee and staffing which is reflective of the

23 targeted racial and ethnic community.
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1 ‘‘(3) AWARD BASIS.—The Attorney General

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

4 ‘‘(4) DISTRIBUTION.—

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

6 more than 2.5 percent of funds appropriated

7 under this subsection in any year for adminis8 tration, monitoring, and evaluation of grants

9 made available under this subsection.

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

12 be available for technical assistance by a na13 tional, nonprofit, nongovernmental organization

14 or organizations whose primary focus and ex15 pertise is in addressing sexual assault within

16 racial and ethnic communities.

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

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

19 2 fiscal years.

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

21 grant under this subsection shall submit a report to

22 the Attorney General that describes the activities

23 carried out with such grant funds.

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

25 SEXUAL ASSAULT COALITIONS.—
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1 ‘‘(1) GRANTS AUTHORIZED.—

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

3 shall award grants to State, territorial, and

4 tribal sexual assault coalitions to assist in sup5 porting the establishment, maintenance, and ex6 pansion of such coalitions.

7 ‘‘(B) MINIMUM AMOUNT.—Not less than

8 10 percent of the total amount appropriated to

9 carry out this section shall be used for grants

10 under subparagraph (A).

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

12 State, territorial, and tribal sexual assault coali13 tions.

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

15 under this subsection may be used to—

16 ‘‘(A) work with local sexual assault pro17 grams and other providers of direct services to

18 encourage appropriate responses to sexual as19 sault within the State, territory, or tribe;

20 ‘‘(B) work with judicial and law enforce21 ment agencies to encourage appropriate re22 sponses to sexual assault cases;

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

24 services agencies, and children’s advocates to

25 develop appropriate responses to child custody
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1 and visitation issues when sexual assault has

2 been determined to be a factor;

3 ‘‘(D) design and conduct public education

4 campaigns;

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

6 grants and grant funds to their State, territory,

7 or tribe; or

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

9 State, or local public officials and agencies to

10 develop and implement policies to reduce or

11 eliminate sexual assault.

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

13 amounts appropriated for grants under this sub14 section for each fiscal year—

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

16 shall be available for grants to tribal sexual as17 sault coalitions;

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

19 for grants to State and territorial coalitions,

20 and the Attorney General shall allocate an

amount equal to 1 21 ⁄56 of the amounts so appro22 priated to each of those State and territorial

23 coalitions.

24 ‘‘(4) APPLICATION.—Each eligible entity desir25 ing a grant under this subsection shall submit an
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1 application to the Attorney General at such time, in

2 such manner, and containing such information as

3 the Attorney General determines to be essential to

4 carry out the purposes of this section.

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

6 be prohibited from submitting an application under

7 this subsection during any fiscal year for which

8 funds are available under this subsection because

9 such entity has not previously applied or received

10 funding under this subsection.

11 ‘‘(e) GRANTS TO TRIBES.—

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

13 General may award grants to Indian tribes, tribal

14 organizations, and nonprofit tribal organizations for

15 the operation of sexual assault programs or projects

16 in Indian country and Alaskan Native villages to

17 support the establishment, maintenance, and expan18 sion of programs and projects to assist those victim19 ized by sexual assault.

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

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

22 than 5 percent of the grant funds received by

23 an Indian tribe, tribal organization, and non24 profit tribal organization under this subsection
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1 for any fiscal year may be used for administra2 tive costs.

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

4 under this subsection that are not used for ad5 ministrative costs shall be used to provide

6 grants to tribal organizations and nonprofit

7 tribal organizations for programs and activities

8 within Indian country and Alaskan native vil9 lages that provide direct intervention and re10 lated assistance.

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

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

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

14 years 2006 through 2010 to carry out the provisions

15 of this section.

16 ‘‘(2) ALLOCATIONS.—Of the total amounts ap17 propriated for each fiscal year to carry out this

18 section—

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

20 used by the Attorney General for evaluation,

21 monitoring, and other administrative costs

22 under this section;

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

24 used for the provision of technical assistance to

25 grantees and subgrantees under this section;
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1 ‘‘(C) not less than 65 percent shall be used

2 for grants to States and territories under sub3 section (b);

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

5 for making grants to State, territorial, and trib6 al sexual assault coalitions under subsection

7 (d);

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

9 for grants to tribes under subsection (e); and

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

11 for grants for culturally specific programs ad12 dressing sexual assault under subsection (c).’’.

13 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO14 LENCE AND CHILD ABUSE ENFORCEMENT AS15 SISTANCE PROGRAM.

16 Section 40295 of the Safe Homes for Women Act of

17 1994 (42 U.S.C. 13971) is amended to read as follows:

18 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO19 LENCE, SEXUAL ASSAULT, STALKING, AND

20 CHILD ABUSE ENFORCEMENT ASSISTANCE.

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

22 ‘‘(1) to identify, assess, and appropriately re23 spond to child, youth, and adult victims of domestic

24 violence, sexual assault, dating violence, and stalking
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1 in rural communities, by encouraging collaboration

2 among—

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

4 sexual assault, and stalking victim service pro5 viders;

6 ‘‘(B) law enforcement agencies;

7 ‘‘(C) prosecutors;

8 ‘‘(D) courts;

9 ‘‘(E) other criminal justice service pro10 viders;

11 ‘‘(F) human and community service pro12 viders;

13 ‘‘(G) educational institutions; and

14 ‘‘(H) health care providers;

15 ‘‘(2) to establish and expand nonprofit, non16 governmental, State, tribal, territorial, and local gov17 ernment victim services in rural communities to

18 child, youth, and adult victims; and

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

20 women and children in rural communities, by—

21 ‘‘(A) dealing directly and immediately with

22 domestic violence, sexual assault, dating vio23 lence, and stalking occurring in rural commu24 nities; and
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1 ‘‘(B) creating and implementing strategies

2 to increase awareness and prevent domestic vio3 lence, sexual assault, dating violence, and stalk4 ing.

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

6 acting through the Director of the Office on Violence

7 Against Women (referred to in this section as the ‘Direc8 tor’), may award grants to States, Indian tribes, local gov9 ernments, and nonprofit, public or private entities, includ10 ing tribal nonprofit organizations, to carry out programs

11 serving rural areas or rural communities that address do12 mestic violence, dating violence, sexual assault, and stalk13 ing by—

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

15 cooperative efforts and projects among law enforce16 ment officers, prosecutors, victim advocacy groups,

17 and other related parties to investigate and pros18 ecute incidents of domestic violence, dating violence,

19 sexual assault, and stalking;

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

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

22 and minor victims of domestic violence, dating vio23 lence, sexual assault, and stalking in rural commu24 nities, including assistance in immigration matters;

25 and
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1 ‘‘(3) working in cooperation with the commu2 nity to develop education and prevention strategies

3 directed toward such issues.

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

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

6 activities expressly described in subsection (a).

7 ‘‘(d) ALLOTMENTS AND PRIORITIES.—

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

9 less than 10 percent of the total amount made avail10 able for each fiscal year to carry out this section

11 shall be allocated for grants to Indian tribes or trib12 al organizations.

13 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT.—

14 ‘‘(A) IN GENERAL.—Not less than 25 per15 cent of the total amount appropriated in a fis16 cal year under this section shall fund services

17 that meaningfully address sexual assault in

18 rural communities, however at such time as the

19 amounts appropriated reach the amount of

20 $45,000,000, the percentage allocated shall rise

21 to 30 percent of the total amount appropriated,

22 at such time as the amounts appropriated reach

23 the amount of $50,000,000, the percentage al24 located shall rise to 35 percent of the total

25 amount appropriated, and at such time as the
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1 amounts appropriated reach the amount of

2 $55,000,000, the percentage allocated shall rise

3 to 40 percent of the amounts appropriated.

4 ‘‘(B) MULTIPLE PURPOSE APPLICA5 TIONS.—Nothing in this section shall prohibit

6 any applicant from applying for funding to ad7 dress sexual assault, domestic violence, stalking,

8 or dating violence in the same application.

9 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSIST10 ANCE.—Of the amounts appropriated for each fiscal

11 year to carry out this section, not more than 8 per12 cent may be used by the Director for technical as13 sistance costs. Of the amounts appropriated in this

14 section, no less than 25 percent of such amounts

15 shall be available to a nonprofit, nongovernmental

16 organization or organizations whose focus and exper17 tise is in addressing sexual assault to provide tech18 nical assistance to sexual assault grantees.

19 ‘‘(4) UNDERSERVED POPULATIONS.—In award20 ing grants under this section, the Director shall give

21 priority to the needs of racial, ethnic, and other un22 derserved populations.

23 ‘‘(5) ALLOCATION OF FUNDS FOR RURAL

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

25 amount made available for each fiscal year to carry
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1 out this section shall be allocated to eligible entities

2 located in rural States.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

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

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

6 years 2006 through 2010 to carry out this section.

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

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

9 a law enforcement agency may use funds received

10 through a grant under part Q of title I of the Omni11 bus Crime Control and Safe Streets Act of 1968 (42

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

13 of this section.’’.

14 SEC. 204. TRAINING AND SERVICES TO END VIOLENCE

15 AGAINST WOMEN WITH DISABILITIES.

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

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

18 amended to read as follows:

19 ‘‘SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERV20 ICES TO END VIOLENCE AGAINST AND ABUSE

21 OF WOMEN WITH DISABILITIES.

22 ‘‘(a) IN GENERAL.—The Attorney General, in con23 sultation with the Secretary of Health and Human Serv24 ices, may award grants to eligible entities—
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1 ‘‘(1) to provide training, consultation, and in2 formation on domestic violence, dating violence,

3 stalking, and sexual assault against individuals with

4 disabilities (as defined in section 3 of the Americans

5 with Disabilities Act of 1990 (42 U.S.C. 12102));

6 and

7 ‘‘(2) to enhance direct services to such individ8 uals.

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

10 section shall be used—

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

12 assistance, advocacy, intervention, risk reduction and

13 prevention of domestic violence, dating violence,

14 stalking, and sexual assault against disabled individ15 uals;

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

17 that disabled individuals who are victims of domestic

18 violence, dating violence, stalking, or sexual assault

19 receive appropriate assistance;

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

21 organizations, governmental agencies, courts, law en22 forcement, and nonprofit, nongovernmental organi23 zations serving individuals with disabilities about

24 risk reduction, intervention, prevention and the na-
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1 ture of domestic violence, dating violence, stalking,

2 and sexual assault for disabled individuals;

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

4 with modifications to existing policies, protocols, and

5 procedures to ensure equal access to the services,

6 programs, and activities of victim service organiza7 tions for disabled individuals;

8 ‘‘(5) to provide training and technical assist9 ance on the requirements of shelters and victim serv10 ices organizations under Federal antidiscrimination

11 laws, including—

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

13 1990; and

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

15 of 1973;

16 ‘‘(6) to rehabilitate facilities, purchase equip17 ment, and provide personnel so that shelters and vic18 tim service organizations can accommodate the

19 needs of disabled individuals;

20 ‘‘(7) to provide advocacy and intervention serv21 ices for disabled individuals who are victims of do22 mestic violence, dating violence, stalking, or sexual

23 assault; or

24 ‘‘(8) to develop model programs providing advo25 cacy and intervention services within organizations
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1 serving disabled individuals who are victims of do2 mestic violence, dating violence, sexual assault, or

3 stalking.

4 ‘‘(c) ELIGIBLE ENTITIES.—

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

6 to receive a grant under this section if the entity

7 is—

8 ‘‘(A) a State;

9 ‘‘(B) a unit of local government;

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

11 organization; or

12 ‘‘(D) a nonprofit and nongovernmental vic13 tim services organization, such as a State do14 mestic violence or sexual assault coalition or a

15 nonprofit, nongovernmental organization serv16 ing disabled individuals.

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

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

19 awarded to an eligible agency (as defined in section

20 410 of the Rehabilitation Act of 1973 (29 U.S.C.

21 796f–5).

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

23 grants under this section, the Director shall ensure that

24 the needs of racial and ethnic and other underserved popu25 lations are being addressed.
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

4 section.’’.

5 SEC. 205. TRAINING AND SERVICES TO END VIOLENCE

6 AGAINST WOMEN IN LATER LIFE.

7 (a) TRAINING PROGRAMS.—Section 40802 of the Vi8 olence Against Women Act of 1994 (42 U.S.C. 14041a)

9 is amended to read as follows:

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

11 VIOLENCE AGAINST AND ABUSE OF WOMEN

12 LATER IN LIFE.

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

14 through the Director of the Office on Violence Against

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

16 ‘‘(1) training programs to assist law enforce17 ment, prosecutors, governmental agencies, victim as18 sistants, and relevant officers of Federal, State, trib19 al, territorial, and local courts in recognizing, ad20 dressing, investigating, and prosecuting instances of

21 elder abuse, neglect, and exploitation, including do22 mestic violence, dating violence, sexual assault, or

23 stalking against victims who are 50 years of age or

24 older;
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1 ‘‘(2) providing or enhancing services for victims

2 of elder abuse, neglect, and exploitation, including

3 domestic violence, dating violence, sexual assault, or

4 stalking, who are 50 years of age or older;

5 ‘‘(3) increasing the physical accessibility of

6 buildings in which services are or will be rendered

7 for victims of elder abuse, neglect, and exploitation,

8 including domestic violence, dating violence, sexual

9 assault, and stalking, who are 50 years of age or

10 older;

11 ‘‘(4) creating or supporting multidisciplinary

12 collaborative community responses to victims of elder

13 abuse, neglect, and exploitation, including domestic

14 violence, dating violence, sexual assault, and stalk15 ing, who are 50 years of age or older; and

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

17 organizations, governmental agencies, courts, law en18 forcement, and nonprofit, nongovernmental organi19 zations serving victims of elder abuse, neglect, and

20 exploitation, including domestic violence, dating vio21 lence, sexual assault, and stalking, who are 50 years

22 of age or older.

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

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

25 ‘‘(1) a State;
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1 ‘‘(2) a unit of local government;

2 ‘‘(3) an Indian tribal government or tribal orga3 nization; or

4 ‘‘(4) a nonprofit and nongovernmental victim

5 services organization with demonstrated experience

6 in assisting elderly women or demonstrated experi7 ence in addressing domestic violence, dating violence,

8 sexual assault, and stalking.

9 ‘‘(c) UNDERSERVED POPULATIONS.—In awarding

10 grants under this section, the Director shall ensure that

11 services are culturally and linguistically relevant and that

12 the needs of racial, ethnic, and other underserved popu13 lations are being addressed.’’.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

15 40803 of the Violence Against Women Act of 1994 (42

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

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

18 ‘‘$10,000,000 for each of the fiscal years 2006 through

19 2010’’.

20 SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIO21 LENCE HOTLINE.

22 Section 316 of the Family Violence Prevention and

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

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

25 following:
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1 ‘‘(5) provide technology and telecommunication

2 training and assistance for advocates, volunteers,

3 staff, and others affiliated with the hotline so that

4 such persons are able to effectively use improved

5 equipment made available through the Connections

6 Campaign.’’;

7 (2) in subsection (g)—

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

9 ‘‘$3,500,000’’ and all that follows and inserting

10 ‘‘$5,000,000 for each of fiscal years 2006

11 through 2010.’’;

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

13 (C) by redesignating paragraph (3) as

14 paragraph (2); and

15 (3) by striking subsection (e) and redesignating

16 subsections (f) and (g) as subsections (e) and (f), re17 spectively.

18 TITLE III—SERVICES, PROTEC19 TION, AND JUSTICE FOR

20 YOUNG VICTIMS OF VIO21 LENCE

22 SEC. 301. FINDINGS.

23 Congress finds the following:
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1 (1) Youth, under the age of 18, account for 67

2 percent of all sexual assault victimizations reported

3 to law enforcement officials.

4 (2) The Department of Justice consistently

5 finds that young women between the ages of 16 and

6 24 experience the highest rate of non-fatal intimate

7 partner violence.

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

9 sexual assault occurred in public schools across the

10 country.

11 (4) Young people experience particular obsta12 cles to seeking help. They often do not have access

13 to money, transportation, or shelter services. They

14 must overcome issues such as distrust of adults, lack

15 of knowledge about available resources, or pressure

16 from peers and parents.

17 (5) A needs assessment on teen relationship

18 abuse for the State of California, funded by the Cali19 fornia Department of Health Services, identified a

20 desire for confidentiality and confusion about the

21 law as 2 of the most significant barriers to young

22 victims of domestic and dating violence seeking help.

23 (6) Only one State specifically allows for minors

24 to petition the court for protection orders.
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1 (7) Many youth are involved in dating relation2 ships, and these relationships can include the same

3 kind of domestic violence and dating violence seen in

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

5 of all incidents of domestic violence involve people

6 who are not married.

7 (8) 40 percent of girls ages 14 to 17 report

8 knowing someone their age who has been hit or

9 beaten by a boyfriend, and 13 percent of college

10 women report being stalked.

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

12 the victims of rape or attempted rape, 12.8 percent

13 of completed rapes, 35 percent of attempted rapes,

14 and 22.9 percent of threatened rapes took place on

15 a date. Almost 60 percent of the completed rapes

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

17 residence.

18 (10) According to a 3-year study of student19 athletes at 10 Division I universities, male athletes

20 made up only 3.3 percent of the general male uni21 versity population, but they accounted for 19 percent

22 of the students reported for sexual assault and 35

23 percent of domestic violence perpetrators.
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1 SEC. 302. RAPE PREVENTION AND EDUCATION.

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

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

4 read as follows:

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

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

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

8 for each of fiscal years 2006 through 2010.

9 ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE

10 CENTER ALLOTMENT.—Of the total amount made

11 available under this subsection in each fiscal year,

12 not less than $1,500,000 shall be available for allot13 ment under subsection (b).’’.

14 SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUS15 TICE FOR YOUNG VICTIMS OF VIOLENCE.

16 The Violence Against Women Act of 1994 (Public

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

18 at the end the following:

19 ‘‘Subtitle L—Services, Education,

20 Protection and Justice for

21 Young Victims of Violence

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

23 TO YOUTH.

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

25 in consultation with the Department of Health and

26 Human Services, shall award grants to eligible entities to
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1 conduct programs to serve victims of domestic violence,

2 dating violence, sexual assault, and stalking who are be3 tween the ages of 12 and 24. Amounts appropriated under

4 this section may only be used for programs and activities

5 described under subsection (c).

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

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

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

9 primary purpose of which is to provide services to

10 teen and young adult victims of domestic violence,

11 dating violence, sexual assault, or stalking;

12 ‘‘(2) a community-based organization special13 izing in intervention or violence prevention services

14 for youth;

15 ‘‘(3) an Indian Tribe or tribal organization pro16 viding services primarily to tribal youth or tribal vic17 tims of domestic violence, dating violence, sexual as18 sault or stalking; or

19 ‘‘(4) a nonprofit, nongovernmental entity pro20 viding services for runaway or homeless youth af21 fected by domestic or sexual abuse.

22 ‘‘(c) USE OF FUNDS.—

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

24 grant under this section shall use amounts provided

25 under the grant to design or replicate, and imple-
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1 ment, programs and services, using domestic vio2 lence, dating violence, sexual assault, and stalking

3 intervention models to respond to the needs of youth

4 who are victims of domestic violence, dating violence,

5 sexual assault or stalking.

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

7 ‘‘(A) shall provide direct counseling and

8 advocacy for youth and young adults, who have

9 experienced domestic violence, dating violence,

10 sexual assault or stalking;

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

12 and community relevant services for racial, eth13 nic, and other underserved populations or link14 ages to existing services in the community tai15 lored to the needs of underserved populations;

16 ‘‘(C) may include mental health services

17 for youth and young adults who have experi18 enced domestic violence, dating violence, sexual

19 assault, or stalking;

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

21 behalf of youth and young adults with respect

22 to domestic violence, dating violence, sexual as23 sault or stalking;

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

25 agencies to develop and implement policies,
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1 rules, and procedures in order to reduce or

2 eliminate domestic violence, dating violence,

3 sexual assault, and stalking against youth and

4 young adults; and

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

6 the grant funds to provide additional services

7 and resources for youth, including childcare,

8 transportation, educational support, and respite

9 care.

10 ‘‘(d) AWARDS BASIS.—

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

12 than 7 percent of funds appropriated under this sec13 tion in any year shall be available for grants to In14 dian Tribes or tribal organizations.

15 ‘‘(2) ADMINISTRATION.—The Attorney General

16 shall not use more than 2.5 percent of funds appro17 priated under this section in any year for adminis18 tration, monitoring, and evaluation of grants made

19 available under this section.

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

21 percent of funds appropriated under this section in

22 any year shall be available to provide technical as23 sistance for programs funded under this section.

24 ‘‘(e) TERM.—The Attorney General shall make the

25 grants under this section for a period of 3 fiscal years.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

4 ‘‘SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.

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

6 encourage cross training and collaboration between the

7 courts, domestic violence and sexual assault service pro8 viders, youth organizations and service providers, violence

9 prevention programs, and law enforcement agencies, so

10 that communities can establish and implement policies,

11 procedures, and practices to protect and more comprehen12 sively and effectively serve young victims of dating vio13 lence, domestic violence, sexual assault, and stalking who

14 are between the ages of 12 and 24, and to engage, where

15 necessary, other entities addressing the safety, health,

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

17 of young victims of domestic violence, dating violence, sex18 ual assault, and stalking, including community-based sup19 ports such as schools, local health centers, community ac20 tion groups, and neighborhood coalitions.

21 ‘‘(b) GRANT AUTHORITY.—

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

23 through the Director of the Office on Violence

24 Against Women (in this section referred to as the
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1 ‘Director’), shall make grants to eligible entities to

2 carry out the purposes of this section.

3 ‘‘(2) GRANT PERIODS.—Grants shall be award4 ed under this section for a period of 2 fiscal years.

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

6 grant under this section, a grant applicant shall es7 tablish a collaboration that—

8 ‘‘(A) shall include a victim service provider

9 that has a documented history of effective work

10 concerning domestic violence, dating violence,

11 sexual assault, or stalking and the effect that

12 those forms of abuse have on young people;

13 ‘‘(B) shall include a court or law enforce14 ment agency partner; and

15 ‘‘(C) may include—

16 ‘‘(i) batterer intervention programs or

17 sex offender treatment programs with spe18 cialized knowledge and experience working

19 with youth offenders;

20 ‘‘(ii) community-based youth organiza21 tions that deal specifically with the con22 cerns and problems faced by youth, includ23 ing programs that target teen parents and

24 racial, ethnic, and other underserved com25 munities;
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1 ‘‘(iii) schools or school-based pro2 grams designed to provide prevention or

3 intervention services to youth experiencing

4 problems;

5 ‘‘(iv) faith-based entities that deal

6 with the concerns and problems faced by

7 youth;

8 ‘‘(v) healthcare entities eligible for re9 imbursement under title XVIII of the So10 cial Security Act, including providers that

11 target the special needs of youth;

12 ‘‘(vi) education programs on HIV and

13 other sexually transmitted diseases that

14 are designed to target teens;

15 ‘‘(vii) Indian Health Service, tribal

16 child protective services, the Bureau of In17 dian Affairs, or the Federal Bureau of In18 vestigations; or

19 ‘‘(viii) law enforcement agencies of the

20 Bureau of Indian Affairs providing tribal

21 law enforcement.

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

23 grant under this section shall use the funds made available

24 through the grant for cross-training and collaborative

25 efforts—
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1 ‘‘(1) addressing domestic violence, dating vio2 lence, sexual assault, and stalking, assessing and

3 analyzing currently available services for youth and

4 young adult victims, determining relevant barriers to

5 such services in a particular locality, and developing

6 a community protocol to address such problems col7 laboratively;

8 ‘‘(2) to establish and enhance linkages and col9 laboration between—

10 ‘‘(A) domestic violence and sexual assault

11 service providers; and

12 ‘‘(B) where applicable, law enforcement

13 agencies, courts, Federal agencies, and other

14 entities addressing the safety, health, mental

15 health, social service, housing, and economic

16 needs of young victims of abuse, including com17 munity-based supports such as schools, local

18 health centers, community action groups, and

19 neighborhood coalitions—

20 ‘‘(i) to respond effectively and com21 prehensively to the varying needs of young

22 victims of abuse;

23 ‘‘(ii) to include linguistically, cul24 turally, and community relevant services

25 for racial, ethnic, and other underserved
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1 populations or linkages to existing services

2 in the community tailored to the needs of

3 underserved populations; and

4 ‘‘(iii) to include where appropriate

5 legal assistance, referral services, and pa6 rental support;

7 ‘‘(3) to educate the staff of courts, domestic vi8 olence and sexual assault service providers, and, as

9 applicable, the staff of law enforcement agencies, In10 dian child welfare agencies, youth organizations,

11 schools, healthcare providers, and other community

12 prevention and intervention programs to responsibly

13 address youth victims and perpetrators of domestic

14 violence, dating violence, sexual assault, and stalk15 ing;

16 ‘‘(4) to identify, assess, and respond appro17 priately to dating violence, domestic violence, sexual

18 assault, or stalking against teens and young adults

19 and meet the needs of young victims of violence; and

20 ‘‘(5) to provide appropriate resources in juvenile

21 court matters to respond to dating violence, domestic

22 violence, sexual assault, and stalking and ensure

23 necessary services dealing with the health and men24 tal health of victims are available.
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1 ‘‘(d) GRANT APPLICATIONS.—To be eligible for a

2 grant under this section, the entities that are members

3 of the applicant collaboration described in subsection

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

5 at such time, in such manner, and containing such infor6 mation as the Director may require.

7 ‘‘(e) PRIORITY.—In awarding grants under this sec8 tion, the Director shall give priority to entities that have

9 submitted applications in partnership with community or10 ganizations and service providers that work primarily with

11 youth, especially teens, and who have demonstrated a com12 mitment to coalition building and cooperative problem

13 solving in dealing with problems of dating violence, domes14 tic violence, sexual assault, and stalking in teen popu15 lations.

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

17 section—

18 ‘‘(1) not less than 10 percent of funds appro19 priated under this section in any year shall be avail20 able to Indian tribal governments to establish and

21 maintain collaborations involving the appropriate

22 tribal justice and social services departments or do23 mestic violence or sexual assault service providers,

24 the purpose of which is to provide culturally appro25 priate services to American Indian women or youth;
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1 ‘‘(2) the Director shall not use more than 2.5

2 percent of funds appropriated under this section in

3 any year for monitoring and evaluation of grants

4 made available under this section;

5 ‘‘(3) the Attorney General of the United States

6 shall not use more than 2.5 percent of funds appro7 priated under this section in any year for adminis8 tration of grants made available under this section;

9 and

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

11 under this section in any year shall be available to

12 provide technical assistance for programs funded

13 under this section.

14 ‘‘(g) DISSEMINATION OF INFORMATION.—Not later

15 than 12 months after the end of the grant period under

16 this section, the Director shall prepare, submit to Con17 gress, and make widely available, including through elec18 tronic means, summaries that contain information on—

19 ‘‘(1) the activities implemented by the recipients

20 of the grants awarded under this section; and

21 ‘‘(2) related initiatives undertaken by the Direc22 tor to promote attention to dating violence, domestic

23 violence, sexual assault, and stalking and their im24 pact on young victims by—

25 ‘‘(A) the staffs of courts;
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1 ‘‘(B) domestic violence, dating violence,

2 sexual assault, and stalking victim service pro3 viders; and

4 ‘‘(C) law enforcement agencies and com5 munity organizations.

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

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

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

9 ‘‘SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION

10 ON THE INTERSECTION BETWEEN DOMESTIC

11 VIOLENCE AND CHILD MALTREATMENT.

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

13 support efforts by child welfare agencies, domestic violence

14 or dating violence victim services providers, courts, law en15 forcement, and other related professionals and community

16 organizations to develop collaborative responses and serv17 ices and provide cross-training to enhance community re18 sponses to families where there is both child maltreatment

19 and domestic violence.

20 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of the

21 Department of Health and Human Services (in this sec22 tion referred to as the ‘Secretary’), through the Family

23 and Youth Services Bureau, and in consultation with the

24 Office on Violence Against Women, shall award grants on
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1 a competitive basis to eligible entities for the purposes and

2 in the manner described in this section.

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

4 are authorized to be appropriated to carry out this section

5 $5,000,000 for each of fiscal years 2006 through 2010.

6 Funds appropriated under this section shall remain avail7 able until expended. Of the amounts appropriated to carry

8 out this section for each fiscal year, the Secretary shall—

9 ‘‘(1) use not more than 3 percent for evalua10 tion, monitoring, site visits, grantee conferences, and

11 other administrative costs associated with con12 ducting activities under this section;

13 ‘‘(2) set aside not more than 7 percent for

14 grants to Indian tribes to develop programs address15 ing child maltreatment and domestic violence or dat16 ing violence that are operated by, or in partnership

17 with, a tribal organization; and

18 ‘‘(3) set aside up to 8 percent for technical as19 sistance and training to be provided by organizations

20 having demonstrated expertise in developing collabo21 rative community and system responses to families

22 in which there is both child maltreatment and do23 mestic violence or dating violence, which technical

24 assistance and training may be offered to jurisdic25 tions in the process of developing community re-
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1 sponses to families in which children are exposed to

2 child maltreatment and domestic violence or dating

3 violence, whether or not they are receiving funds

4 under this section.

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

6 grants under this section, the Secretary shall consider the

7 needs of racial, ethnic, and other underserved populations.

8 ‘‘(e) GRANT AWARDS.—The Secretary shall award

9 grants under this section for periods of not more than 2

10 fiscal years.

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

12 under this section shall use amounts provided to develop

13 collaborative responses and services and provide cross14 training to enhance community responses to families

15 where there is both child maltreatment and domestic vio16 lence or dating violence. Amounts distributed under this

17 section may only be used for programs and activities de18 scribed in subsection (g).

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

20 and activities developed under this section shall—

21 ‘‘(1) encourage cross training, education, serv22 ice development, and collaboration among child wel23 fare agencies, domestic violence victim service pro24 viders, and courts, law enforcement agencies, com25 munity-based programs, and other entities, in order
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1 to ensure that such entities have the capacity to and

2 will identify, assess, and respond appropriately to—

3 ‘‘(A) domestic violence or dating violence

4 in homes where children are present and may

5 be exposed to the violence;

6 ‘‘(B) domestic violence or dating violence

7 in child protection cases; and

8 ‘‘(C) the needs of both the child and non9 abusing parent;

10 ‘‘(2) establish and implement policies, proce11 dures, programs, and practices for child welfare

12 agencies, domestic violence victim service providers,

13 courts, law enforcement agencies, and other entities,

14 that are consistent with the principles of protecting

15 and increasing the immediate and long-term safety

16 and well being of children and non-abusing parents

17 and caretakers;

18 ‘‘(3) increase cooperation and enhance linkages

19 between child welfare agencies, domestic violence vic20 tim service providers, courts, law enforcement agen21 cies, and other entities to provide more comprehen22 sive community-based services (including health,

23 mental health, social service, housing, and neighbor24 hood resources) to protect and to serve both child

25 and adult victims;
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1 ‘‘(4) identify, assess, and respond appropriately

2 to domestic violence or dating violence in child pro3 tection cases and to child maltreatment when it co4 occurs with domestic violence or dating violence;

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

6 and protocols that contribute to overrepresentation

7 of racial and ethnic minorities in the court and child

8 welfare system; and

9 ‘‘(6) provide appropriate referrals to commu10 nity-based programs and resources, such as health

11 and mental health services, shelter and housing as12 sistance for adult and youth victims and their chil13 dren, legal assistance and advocacy for adult and

14 youth victims, assistance for parents to help their

15 children cope with the impact of exposure to domes16 tic violence or dating violence and child maltreat17 ment, appropriate intervention and treatment for

18 adult perpetrators of domestic violence or dating vio19 lence whose children are the subjects of child protec20 tion cases, programs providing support and assist21 ance to racial and ethnic populations, and other nec22 essary supportive services.

23 ‘‘(i) GRANTEE REQUIREMENTS.—

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

25 entity shall prepare and submit to the Secretary an
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1 application at such time, in such manner, and con2 taining such information as the Secretary may re3 quire, consistent with the requirements described

4 herein. The application shall—

5 ‘‘(A) ensure that communities impacted by

6 these systems or organizations are adequately

7 represented in the development of the applica8 tion, the programs and activities to be under9 taken, and that they have a significant role in

10 evaluating the success of the project;

11 ‘‘(B) describe how the training and col12 laboration activities will enhance or ensure the

13 safety and economic security of families where

14 both child maltreatment and domestic violence

15 or dating violence occurs by providing appro16 priate resources, protection, and support to the

17 victimized parents of such children and to the

18 children themselves; and

19 ‘‘(C) outline methods and means partici20 pating entities will use to ensure that all serv21 ices are provided in a developmentally, linguis22 tically and culturally competent manner and

23 will utilize community-based supports and re24 sources.
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1 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for a

2 grant under this section, an entity shall be a collabo3 ration that—

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

5 welfare agency or Indian Tribe;

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

7 dating violence victim service provider;

8 ‘‘(C) shall include a law enforcement agen9 cy or Bureau of Indian Affairs providing tribal

10 law enforcement;

11 ‘‘(D) may include a court; and

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

13 or private nonprofit organizations and faith14 based organizations, including community-based

15 organizations, with the capacity to provide ef16 fective help to the child and adult victims

17 served by the collaboration.’’.

18 SEC. 304. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN

19 ON CAMPUS.

20 Section 826 of the Higher Education Amendments of

21 1998 (20 U.S.C. 1152) is amended—

22 (1) in subsection (a)(2), by adding at the end

23 the following: ‘‘The Attorney General, through the

24 Director of the Office on Violence Against Women,

25 shall award the grants in amounts of not more than
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1 $500,000 for individual institutions of higher edu2 cation and not more than $1,000,000 for consortia

3 of such institutions.’’;

4 (2) in subsection (b)—

5 (A) in paragraph (2)—

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

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

11 enactment of the Violence Against Women

12 Act of 2005, the Attorney General shall

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

15 against women on campus, for all campus

16 security personnel and personnel serving

17 on campus disciplinary or judicial

18 boards.’’;

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

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

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

23 legal, medical, or psychological counseling, for

24 victims of domestic violence, stalking, dating vi25 olence, or sexual assault, and to improve deliv-
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1 ery of victim assistance on campus. To the ex2 tent practicable, such an institution shall col3 laborate with any entities carrying out non4 profit and other victim services programs, in5 cluding sexual assault, domestic violence, stalk6 ing, and dating violence victim services pro7 grams in the community in which the institu8 tion is located. If appropriate victim services

9 programs are not available in the community or

10 are not accessible to students, the institution

11 shall, to the extent practicable, provide a victim

12 services program on campus or create a victim

13 services program in collaboration with a com14 munity-based organization. The institution shall

15 use not less than 20 percent of the funds made

16 available through the grant for a victim services

17 program provided in accordance with this para18 graph.’’;

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

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

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

23 (3) in subsection (c), by striking paragraph

24 (2)(B) and inserting the following:
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1 ‘‘(B) include proof that the institution of

2 higher education collaborated with a nonprofit,

3 nongovernmental entities carrying out other vic4 tim services programs, including sexual assault,

5 domestic violence, stalking, and dating violence

6 victim services programs in the community in

7 which the institution is located;’’;

8 (4) in subsection (f), by striking the text and

9 inserting the following: ‘‘In this section, the defini10 tions and grant conditions provided in section 40002

11 of the Violence Against Women Act of 1994 shall

12 apply.’’; and

13 (5) in subsection (g), by—

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

15 ‘‘$15,000,000’’;

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

17 and

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

19 SEC. 305. JUVENILE JUSTICE.

20 (a) STATE PLANS.—Section 223(a) of the Juvenile

21 Justice and Delinquency Prevention Act of 1974 (42

22 U.S.C. 5633(a)) is amended—

23 (1) in paragraph (7)(B)—
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1 (A) by redesignating clauses (i), (ii) and

2 (iii), as clauses (ii), (iii), and (iv), respectively;

3 and

4 (B) by inserting before clause (ii) the fol5 lowing:

6 ‘‘(i) an analysis of gender-specific services

7 for the prevention and treatment of juvenile de8 linquency, including the types of such services

9 available and the need for such services for fe10 males;’’.

11 (b) USE OF FUNDS.—Section 223(a)(9) of the Juve12 nile Justice and Delinquency Prevention Act of 1974 (42

13 U.S.C. 5633(a)(9)) is amended—

14 (1) in subparagraph (R), by striking ‘‘and’’ at

15 the end;

16 (2) in subparagraph (S), by striking the period

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

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

19 ‘‘(T) developing and adopting policies to

20 prohibit disparate treatment of female juveniles

21 in placement and treatment, and establishing

22 gender-specific services to ensure that female

23 juveniles have access to the full range of health

24 and mental health services, treatment for phys25 ical or sexual assault and abuse, education in
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1 parenting, education in general, and other

2 training and vocational services.’’.

3 SEC. 306. SAFE HAVENS.

4 Section 1301 of the Victims of Trafficking and Vio5 lence Protection Act of 2000 (42 U.S.C. 10420) is

6 amended—

7 (1) by striking the section heading and insert8 ing the following:

9 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’;

10 (2) in subsection (a)—

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

12 the Office on Violence Against Women,’’ after

13 ‘‘Attorney General’’;

14 (B) by inserting ‘‘dating violence,’’ after

15 ‘‘domestic violence,’’;

16 (C) by striking ‘‘to provide’’ and inserting

17 the following:

18 ‘‘(1) to provide’’;

19 (D) by striking the period at the end and

20 inserting a semicolon; and

21 (E) by adding at the end the following:

22 ‘‘(2) to protect children from the trauma of wit23 nessing domestic or dating violence or experiencing

24 abduction, injury, or death during parent and child

25 visitation exchanges;
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1 ‘‘(3) to protect parents or caretakers who are

2 victims of domestic and dating violence from experi3 encing further violence, abuse, and threats during

4 child visitation exchanges; and

5 ‘‘(4) to protect children from the trauma of ex6 periencing sexual assault or other forms of physical

7 assault or abuse during parent and child visitation

8 and visitation exchanges.’’; and

9 (3) by striking subsection (e) and inserting the

10 following:

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

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

13 appropriated to carry out this section, $20,000,000

14 for each of fiscal years 2006 through 2010. Funds

15 appropriated under this section shall remain avail16 able until expended.

17 ‘‘(2) USE OF FUNDS.—Of the amounts appro18 priated to carry out this section for each fiscal year,

19 the Attorney General shall—

20 ‘‘(A) set aside not less than 7 percent for

21 grants to Indian tribal governments or tribal

22 organizations;

23 ‘‘(B) use not more than 3 percent for eval24 uation, monitoring, site visits, grantee con25 ferences, and other administrative costs associ-
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1 ated with conducting activities under this sec2 tion; and

3 ‘‘(C) set aside not more than 8 percent for

4 technical assistance and training to be provided

5 by organizations having nationally recognized

6 expertise in the design of safe and secure super7 vised visitation programs and visitation ex8 change of children in situations involving do9 mestic violence, dating violence, sexual assault,

10 or stalking.’’.

11 TITLE IV—STRENGTHENING

12 AMERICA’S FAMILIES BY PRE13 VENTING VIOLENCE

14 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND

15 CHILDREN.

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

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

19 ‘‘Subtitle M—Strengthening Amer20 ica’s Families by Preventing Vi21 olence Against Women and Chil22 dren

23 ‘‘SEC. 41301. FINDINGS.

24 ‘‘Congress finds that—
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1 ‘‘(1) the former United States Advisory Board

2 on Child Abuse suggests that domestic violence may

3 be the single major precursor to child abuse and ne4 glect fatalities in this country;

5 ‘‘(2) studies suggest that as many as

6 10,000,000 children witness domestic violence every

7 year;

8 ‘‘(3) studies suggest that among children and

9 teenagers, recent exposure to violence in the home

10 was a significant factor in predicting a child’s violent

11 behavior;

12 ‘‘(4) a study by the Nurse-Family Partnership

13 found that children whose parents did not partici14 pate in home visitation programs that provided

15 coaching in parenting skills, advice and support,

16 were almost 5 times more likely to be abused in

17 their first 2 years of life;

18 ‘‘(5) a child’s exposure to domestic violence

19 seems to pose the greatest independent risk for

20 being the victim of any act of partner violence as an

21 adult;

22 ‘‘(6) children exposed to domestic violence are

23 more likely to believe that using violence is an effec24 tive means of getting one’s needs met and managing

25 conflict in close relationships;
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1 ‘‘(7) children exposed to abusive parenting,

2 harsh or erratic discipline, or domestic violence are

3 at increased risk for juvenile crime; and

4 ‘‘(8) in a national survey of more than 6,000

5 American families, 50 percent of men who frequently

6 assaulted their wives also frequently abused their

7 children.

8 ‘‘SEC. 41302. PURPOSE.

9 ‘‘The purpose of this subtitle is to—

10 ‘‘(1) prevent crimes involving violence against

11 women, children, and youth;

12 ‘‘(2) increase the resources and services avail13 able to prevent violence against women, children,

14 and youth;

15 ‘‘(3) reduce the impact of exposure to violence

16 in the lives of children and youth so that the

17 intergenerational cycle of violence is interrupted;

18 ‘‘(4) develop and implement education and serv19 ices programs to prevent children in vulnerable fami20 lies from becoming victims or perpetrators of domes21 tic violence, dating violence, sexual assault, or stalk22 ing;

23 ‘‘(5) promote programs to ensure that children

24 and youth receive the assistance they need to end
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1 the cycle of violence and develop mutually respectful,

2 nonviolent relationships; and

3 ‘‘(6) encourage collaboration among community4 based organizations and governmental agencies serv5 ing children and youth, providers of health and men6 tal health services and providers of domestic vio7 lence, dating violence, sexual assault, and stalking

8 victim services to prevent violence against women

9 and children.

10 ‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EX11 POSED TO VIOLENCE.

12 ‘‘(a) GRANTS AUTHORIZED.—

13 ‘‘(1) IN GENERAL.—The Attorney General, act14 ing through the Director of the Office on Violence

15 Against Women, and in collaboration with the De16 partment of Health and Human Services, is author17 ized to award grants on a competitive basis to eligi18 ble entities for the purpose of mitigating the effects

19 of domestic violence, dating violence, sexual assault,

20 and stalking on children exposed to such violence,

21 and reducing the risk of future victimization or per22 petration of domestic violence, dating violence, sex23 ual assault, and stalking.

24 ‘‘(2) TERM.—The Director shall make grants

25 under this section for a period of 2 fiscal years.
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1 ‘‘(3) AWARD BASIS.—The Director shall award

2 grants—

3 ‘‘(A) considering the needs of underserved

4 populations;

5 ‘‘(B) awarding not less than 10 percent of

6 such amounts to Indian tribes for the funding

7 of tribal projects from the amounts made avail8 able under this section for a fiscal year;

9 ‘‘(C) awarding up to 8 percent for the

10 funding of technical assistance programs from

11 the amounts made available under this section

12 for a fiscal year; and

13 ‘‘(D) awarding not less than 66 percent to

14 programs described in subsection (c)(1) from

15 the amounts made available under this section

16 for a fiscal year.

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

18 is authorized to be appropriated to carry out this section

19 $20,000,000 for each of fiscal years 2006 through 2010.

20 ‘‘(c) USE OF FUNDS.—The funds appropriated under

21 this section shall be used for—

22 ‘‘(1) programs that provide services for children

23 exposed to domestic violence, dating violence, sexual

24 assault, or stalking, which may include direct coun25 seling, advocacy, or mentoring, and must include
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1 support for the nonabusing parent or the child’s

2 caretaker; or

3 ‘‘(2) training, coordination, and advocacy for

4 programs that serve children and youth (such as

5 Head Start, child care, and after-school programs)

6 on how to safely and confidentially identify children

7 and families experiencing domestic violence and

8 properly refer them to programs that can provide di9 rect services to the family and children, and coordi10 nation with other domestic violence or other pro11 grams serving children exposed to domestic violence,

12 dating violence, sexual assault, or stalking that can

13 provide the training and direct services referenced in

14 this subsection.

15 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive

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

17 ‘‘(1) a victim service provider, tribal nonprofit

18 organization or community-based organization that

19 has a documented history of effective work con20 cerning children or youth exposed to domestic vio21 lence, dating violence, sexual assault, or stalking, in22 cluding programs that provide culturally specific

23 services, Head Start, childcare, faith-based organiza24 tions, after school programs, and health and mental

25 health providers; or
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1 ‘‘(2) a State, territorial, or tribal, or local unit

2 of government agency that is partnered with an or3 ganization described in paragraph (1).

4 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section,

5 an entity shall—

6 ‘‘(1) prepare and submit to the Director an ap7 plication at such time, in such manner, and con8 taining such information as the Director may re9 quire; and

10 ‘‘(2) at a minimum, describe in the application

11 the policies and procedures that the entity has or

12 will adopt to—

13 ‘‘(A) enhance or ensure the safety and se14 curity of children who have been or are being

15 exposed to violence and their nonabusing par16 ent, enhance or ensure the safety and security

17 of children and their nonabusing parent in

18 homes already experiencing domestic violence,

19 dating violence, sexual assault, or stalking; and

20 ‘‘(B) ensure linguistically, culturally, and

21 community relevant services for racial and eth22 nic, and other underserved communities.
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1 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT

2 PROGRAMS FOR HOME VISITATION

3 PROJECTS.

4 ‘‘(a) GRANTS AUTHORIZED.—

5 ‘‘(1) IN GENERAL.—The Attorney General, act6 ing through the Director of the Office on Violence

7 Against Women, and in collaboration with the De8 partment of Health and Human Services, shall

9 award grants on a competitive basis to home visita10 tion programs, in collaboration with victim service

11 providers, for the purposes of developing and imple12 menting model policies and procedures to train home

13 visitation service providers on addressing domestic

14 violence, dating violence, sexual assault, and stalking

15 in families experiencing violence, or at risk of vio16 lence, to reduce the impact of that violence on chil17 dren, maintain safety, improve parenting skills, and

18 break intergenerational cycles of violence.

19 ‘‘(2) TERM.—The Director shall make the

20 grants under this section for a period of 2 fiscal

21 years.

22 ‘‘(3) AWARD BASIS.—The Director shall—

23 ‘‘(A) consider the needs of underserved

24 populations;

25 ‘‘(B) award not less than 7 percent of such

26 amounts for the funding of tribal projects from
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1 the amounts made available under this section

2 for a fiscal year; and

3 ‘‘(C) award up to 8 percent for the funding

4 of technical assistance programs from the

5 amounts made available under this section for

6 a fiscal year.

7 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

8 is authorized to be appropriated to carry out this section

9 $7,000,000 for each of fiscal years 2006 through 2010.

10 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive

11 a grant under this section, an entity shall be a national,

12 Federal, State, local, territorial, or tribal—

13 ‘‘(1) home visitation program that provides

14 services to pregnant women and to young children

15 and their parent or primary caregiver that are pro16 vided in the permanent or temporary residence or in

17 other familiar surroundings of the individual or fam18 ily receiving such services; or

19 ‘‘(2) victim services organization or agency in

20 collaboration with an organization or organizations

21 listed in paragraph (1).

22 ‘‘(d) 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 their nonabusing parent

7 in homes already experiencing domestic vio8 lence, dating violence, sexual assault, or stalk9 ing;

10 ‘‘(B) ensure linguistically, culturally, and

11 community relevant services for racial and eth12 nic and other underserved communities;

13 ‘‘(C) ensure the adequate training by do14 mestic violence, dating violence, sexual assault

15 or stalking victim service providers of home visi16 tation grantee program staff to—

17 ‘‘(i) safely screen for and/or recognize

18 domestic violence, dating violence, sexual

19 assault, and stalking;

20 ‘‘(ii) understand the impact of domes21 tic violence or sexual assault on children

22 and protective actions taken by a non23 abusing parent or caretaker in response to

24 violence against anyone in the household;

25 and
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1 ‘‘(iii) link new parents with existing

2 community resources in communities where

3 resources exist; and

4 ‘‘(D) ensure that relevant State and local

5 domestic violence, dating violence, sexual as6 sault, and stalking victim service providers and

7 coalitions are aware of the efforts of organiza8 tions receiving grants under this section, and

9 are included as training partners, where pos10 sible.

11 ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING

12 DOMESTIC VIOLENCE, DATING VIOLENCE,

13 SEXUAL ASSAULT, AND STALKING.

14 ‘‘(a) GRANTS AUTHORIZED.—

15 ‘‘(1) IN GENERAL.—The Attorney General, act16 ing through the Director of the Office on Violence

17 Against Women, and in collaboration with the De18 partment of Health and Human Services, shall

19 award grants on a competitive basis to eligible enti20 ties for the purpose of developing or enhancing pro21 grams related to engaging men and youth in pre22 venting domestic violence, dating violence, sexual as23 sault, and stalking by helping them to develop mutu24 ally respectful, nonviolent relationships.
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1 ‘‘(2) TERM.—The Director shall make grants

2 under this section for a period of 2 fiscal years.

3 ‘‘(3) AWARD BASIS.—The Director shall award

4 grants—

5 ‘‘(A) considering the needs of racial and

6 ethnic and other underserved populations;

7 ‘‘(B) awarding not less than 10 percent of

8 such amounts for the funding of Indian tribes

9 from the amounts made available under this

10 section for a fiscal year; and

11 ‘‘(C) awarding up to 8 percent for the

12 funding of technical assistance for grantees and

13 non-grantees working in this area from the

14 amounts made available under this section for

15 a fiscal year.

16 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

17 is authorized to be appropriated to carry out this section

18 $10,000,000 for each of fiscal years 2006 through 2010.

19 ‘‘(c) USE OF FUNDS.—

20 ‘‘(1) PROGRAMS.—The funds appropriated

21 under this section shall be used by eligible entities—

22 ‘‘(A) to develop or enhance community23 based programs, including gender-specific pro24 grams in accordance with applicable laws

25 that—
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1 ‘‘(i) encourage children and youth to

2 pursue nonviolent relationships and reduce

3 their risk of becoming victims or perpetra4 tors of domestic violence, dating violence,

5 sexual assault, or stalking; and

6 ‘‘(ii) that include at a minimum—

7 ‘‘(I) information on domestic vio8 lence, dating violence, sexual assault,

9 stalking, or child sexual abuse and

10 how they affect children and youth;

11 and

12 ‘‘(II) strategies to help partici13 pants be as safe as possible; or

14 ‘‘(B) to create public education campaigns

15 and community organizing to encourage men

16 and boys to work as allies with women and girls

17 to prevent violence against women and girls

18 conducted by entities that have experience in

19 conducting public education campaigns that ad20 dress domestic violence, dating violence, sexual

21 assault, or stalking.

22 ‘‘(2) MEDIA LIMITS.—No more than 40 percent

23 of funds received by a grantee under this section

24 may be used to create and distribute media mate25 rials.
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1 ‘‘(d) ELIGIBLE ENTITIES.—

2 ‘‘(1) RELATIONSHIPS.—Eligible entities under

3 subsection (c)(1)(A) are—

4 ‘‘(A) nonprofit, nongovernmental domestic

5 violence, dating violence, sexual assault, or

6 stalking victim service providers or coalitions;

7 ‘‘(B) community-based child or youth serv8 ices organizations with demonstrated experience

9 and expertise in addressing the needs and con10 cerns of young people;

11 ‘‘(C) a State, territorial, tribal, or unit of

12 local governmental entity that is partnered with

13 an organization described in subparagraph (A)

14 or (B); or

15 ‘‘(D) a program that provides culturally

16 specific services.

17 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities

18 under subsection (c)(1)(B) are—

19 ‘‘(A) nonprofit, nongovernmental organiza20 tions or coalitions that have a documented his21 tory of creating and administering effective

22 public education campaigns addressing the pre23 vention of domestic violence, dating violence,

24 sexual assault or stalking; or
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1 ‘‘(B) a State, territorial, tribal, or unit of

2 local governmental entity that is partnered with

3 an organization described in subparagraph (A).

4 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section,

5 an entity shall—

6 ‘‘(1) prepare and submit to the Director an ap7 plication at such time, in such manner, and con8 taining such information as the Director may re9 quire; and

10 ‘‘(2) eligible entities pursuant to subsection

11 (c)(1)(A) shall describe in the application the poli12 cies and procedures that the entity has or will adopt

13 to—

14 ‘‘(A) enhance or ensure the safety and se15 curity of children and youth already experi16 encing domestic violence, dating violence, sexual

17 assault, or stalking in their lives;

18 ‘‘(B) ensure linguistically, culturally, and

19 community relevant services for racial and eth20 nic, and other underserved communities;

21 ‘‘(C) inform participants about laws, serv22 ices, and resources in the community, and make

23 referrals as appropriate; and

24 ‘‘(D) ensure that State and local domestic

25 violence, dating violence, sexual assault, and
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1 stalking victim service providers and coalitions

2 are aware of the efforts of organizations receiv3 ing grants under this section.’’.

4 SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DIS5 EASE CONTROL AND PREVENTION.

6 (a) PURPOSES.—The Secretary of Health and

7 Human Services acting through the National Center for

8 Injury Prevention and Control at the Centers for Disease

9 Control Prevention shall make grants to entities, including

10 domestic and sexual assault coalitions and programs, re11 search organizations, tribal organizations, and academic

12 institutions to support research to examine prevention and

13 intervention programs to further the understanding of sex14 ual and domestic violence by and against adults, youth,

15 and children.

16 (b) USE OF FUNDS.—The research conducted under

17 this section shall include evaluation and study of best

18 practices for reducing and preventing violence against

19 women and children addressed by the strategies included

20 in Department of Health and Human Services-related pro21 visions this title, including strategies addressing racial,

22 ethnic, and other underserved communities.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There

24 shall be authorized to be appropriated to carry out this
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1 title $2,000,000 for each of the fiscal years 2006 through

2 2010.

3 TITLE V—STRENGTHENING THE

4 HEALTHCARE SYSTEM’S RE5 SPONSE TO DOMESTIC VIO6 LENCE, DATING VIOLENCE,

7 SEXUAL ASSAULT, AND

8 STALKING

9 SEC. 501. FINDINGS.

10 Congress makes the following findings:

11 (1) The health-related costs of intimate partner

12 violence in the United States exceed $5,800,000,000

13 annually.

14 (2) Thirty-seven percent of all women who

15 sought care in hospital emergency rooms for vio16 lence-related injuries were injured by a current or

17 former spouse, boyfriend, or girlfriend.

18 (3) In addition to injuries sustained during vio19 lent episodes, physical and psychological abuse is

20 linked to a number of adverse physical and mental

21 health effects. Women who have been abused are

22 much more likely to suffer from chronic pain, diabe23 tes, depression, unintended pregnancies, substance

24 abuse and sexually transmitted infections, including

25 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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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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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. 399O. 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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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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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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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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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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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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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 violence,

12 dating violence, and childhood exposure to do13 mestic and dating violence, sexual violence and

14 stalking and childhood exposure; and

15 ‘‘(B) research on effective interventions

16 within primary care and emergency health care

17 settings and with health care settings that in18 clude clinical partnerships within community

19 domestic violence providers for adults and chil20 dren exposed to domestic or dating violence.

21 ‘‘(c) USE OF DATA.—Research funded under this sec22 tion shall be utilized by eligible entities under section

23 399O of the Public Health Service Act.
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

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

3 $5,000,000 for each of fiscal years 2006 through 2010.’’.

4 TITLE VI—HOUSING OPPORTU5 NITIES AND SAFETY FOR BAT6 TERED WOMEN AND CHIL7 DREN

8 SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS

9 OF DOMESTIC VIOLENCE, DATING VIOLENCE,

10 SEXUAL ASSAULT, AND STALKING.

11 The Violence Against Women Act of 1994 (42 U.S.C.

12 13701 et seq.) is amended by adding at the end the fol13 lowing:

14 ‘‘Subtitle N—Addressing the Hous15 ing Needs of Victims of Domes16 tic Violence, Dating Violence,

17 Sexual Assault, and Stalking

18 ‘‘SEC. 41401. FINDINGS.

19 ‘‘Congress finds that:

20 ‘‘(1) There is a strong link between domestic vi21 olence and homelessness. Among cities surveyed, 44

22 percent identified domestic violence as a primary

23 cause of homelessness.

24 ‘‘(2) 92 percent of homeless women have experi25 enced severe physical or sexual abuse at some point
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1 in their lives. Of all homeless women and children,

2 60 percent had been abused by age 12, and 63 per3 cent have been victims of intimate partner violence

4 as adults.

5 ‘‘(3) Women and families across the country

6 are being discriminated against, denied access to,

7 and even evicted from public and subsidized housing

8 because of their status as victims of domestic vio9 lence.

10 ‘‘(4) A recent survey of legal service providers

11 around the country found that these providers have

12 responded to almost 150 documented eviction cases

13 in the last year alone where the tenant was evicted

14 because of the domestic violence crimes committed

15 against her. In addition, nearly 100 clients were de16 nied housing because of their status as victims of

17 domestic violence.

18 ‘‘(5) Women who leave their abusers frequently

19 lack adequate emergency shelter options. The lack of

20 adequate emergency options for victims presents a

21 serious threat to their safety and the safety of their

22 children. Requests for emergency shelter by home23 less women with children increased by 78 percent of

24 United States cities surveyed in 2004. In the same

25 year, 32 percent of the requests for shelter by home-
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1 less families went unmet due to the lack of available

2 emergency shelter beds.

3 ‘‘(6) The average stay at an emergency shelter

4 is 60 days, while the average length of time it takes

5 a homeless family to secure housing is 6 to 10

6 months.

7 ‘‘(7) Victims of domestic violence often return

8 to abusive partners because they cannot find long9 term housing.

10 ‘‘(8) There are not enough Federal housing

11 rent vouchers available to accommodate the number

12 of people in need of long-term housing. Some people

13 remain on the waiting list for Federal housing rent

14 vouchers for years, while some lists are closed.

15 ‘‘(9) Transitional housing resources and serv16 ices provide an essential continuum between emer17 gency shelter provision and independent living. A

18 majority of women in transitional housing programs

19 stated that had these programs not existed, they

20 would have likely gone back to abusive partners.

21 ‘‘(10) Because abusers frequently manipulate fi22 nances in an effort to control their partners, victims

23 often lack steady income, credit history, landlord ref24 erences, and a current address, all of which are nec25 essary to obtain long-term permanent housing.
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1 ‘‘(11) Victims of domestic violence in rural

2 areas face additional barriers, challenges, and

3 unique circumstances, such as geographical isolation,

4 poverty, lack of public transportation systems, short5 ages of health care providers, under-insurance or

6 lack of health insurance, difficulty ensuring con7 fidentiality in small communities, and decreased ac8 cess to many resources (such as advanced education,

9 job opportunities, and adequate childcare).

10 ‘‘(12) Congress and the Secretary of Housing

11 and Urban Development have recognized in recent

12 years that families experiencing domestic violence

13 have unique needs that should be addressed by those

14 administering the Federal housing programs.

15 ‘‘SEC. 41402. PURPOSE.

16 ‘‘The purpose of this subtitle is to reduce domestic

17 violence, dating violence, sexual assault, and stalking, and

18 to prevent homelessness by—

19 ‘‘(1) protecting the safety of victims of domestic

20 violence, dating violence, sexual assault, and stalking

21 who reside in homeless shelters, public housing, as22 sisted housing, Indian housing, or other emergency,

23 transitional, permanent, or affordable housing, and

24 ensuring that such victims have meaningful access to
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1 the criminal justice system without jeopardizing such

2 housing;

3 ‘‘(2) creating long-term housing solutions that

4 develop communities and provide sustainable living

5 solutions for victims of domestic violence, dating vio6 lence, sexual assault, and stalking;

7 ‘‘(3) building collaborations among victim serv8 ice providers, homeless service providers, housing

9 providers, and housing agencies to provide appro10 priate services, interventions, and training to ad11 dress the housing needs of victims of domestic vio12 lence, dating violence, sexual assault, and stalking;

13 and

14 ‘‘(4) enabling public and assisted housing agen15 cies, tribally designated housing entities, private

16 landlords, property management companies, and

17 other housing providers and agencies to respond ap18 propriately to domestic violence, dating violence, sex19 ual assault, and stalking, while maintaining a safe

20 environment for all housing residents.

21 ‘‘SEC. 41403. DEFINITIONS.

22 ‘‘For purposes of this subtitle—

23 ‘‘(1) the term ‘assisted housing’ means housing

24 assisted—
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1 ‘‘(A) under sections 213, 220, 221(d)(3),

2 221(d)(4), 223(e), 231, or 236 of the National

3 Housing Act (12 U.S.C. 1715l(d)(3), (d)(4), or

4 1715z–1);

5 ‘‘(B) under section 101 of the Housing

6 and Urban Development Act of 1965 (12

7 U.S.C. 1701s);

8 ‘‘(C) under section 202 of the Housing Act

9 of 1959 (12 U.S.C. 1701q);

10 ‘‘(D) under section 811 of the Cranston11 Gonzales National Affordable Housing Act (42

12 U.S.C. 8013);

13 ‘‘(E) under title II of the Cranston14 Gonzales National Affordable Housing Act (42

15 U.S.C. 12701 et seq.);

16 ‘‘(F) under subtitle D of title VIII of the

17 Cranston-Gonzalez National Affordable Hous18 ing Act (42 U.S.C. 12901 et seq.);

19 ‘‘(G) under title I of the Housing and

20 Community Development Act of 1974 (42

21 U.S.C. 5301 et seq.); or

22 ‘‘(H) under section 8 of the United States

23 Housing Act of 1937 (42 U.S.C. 1437f);

24 ‘‘(2) the term ‘continuum of care’ means a com25 munity plan developed to organize and deliver hous-
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1 ing and services to meet the specific needs of people

2 who are homeless as they move to stable housing

3 and achieve maximum self-sufficiency;

4 ‘‘(3) the term ‘Indian housing’ means housing

5 assistance described in the Native American Hous6 ing Assistance and Self-Determination Act of 1996

7 (25 U.S.C. 4101 et seq.);

8 ‘‘(4) the term ‘low-income housing assistance

9 voucher’ means housing assistance described in sec10 tion 8 of the United States Housing Act of 1937 (42

11 U.S.C. 1437f);

12 ‘‘(5) the term ‘public housing’ means housing

13 described in section 3(b)(1) of the United States

14 Housing Act of 1937 (42 U.S.C. 1437a(b)(1));

15 ‘‘(6) the term ‘public housing agency’ means an

16 agency described in section 3(b)(6) of the United

17 States Housing Act of 1937 (42 U.S.C.

18 1437a(b)(6));

19 ‘‘(7) the terms ‘homeless’, ‘homeless individual’,

20 and ‘homeless person’—

21 ‘‘(A) mean an individual who lacks a fixed,

22 regular, and adequate nighttime residence; and

23 ‘‘(B) includes—

24 ‘‘(i) an individual who—
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1 ‘‘(I) is sharing the housing of

2 other persons due to loss of housing,

3 economic hardship, or a similar rea4 son;

5 ‘‘(II) is living in a motel, hotel,

6 trailer park, or campground due to

7 the lack of alternative adequate ac8 commodations;

9 ‘‘(III) is living in an emergency

10 or transitional shelter;

11 ‘‘(IV) is abandoned in a hospital;

12 or

13 ‘‘(V) is awaiting foster care

14 placement;

15 ‘‘(ii) an individual who has a primary

16 nighttime residence that is a public or pri17 vate place not designed for or ordinarily

18 used as a regular sleeping accommodation

19 for human beings; or

20 ‘‘(iii) migratory children (as defined in

21 section 1309 of the Elementary and Sec22 ondary Education Act of 1965; 20 U.S.C.

23 6399) who qualify as homeless under this

24 section because the children are living in
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1 circumstances described in this paragraph;

2 and

3 ‘‘(8) the term ‘homeless service provider’ means

4 a nonprofit, nongovernmental homeless service pro5 vider, such as a homeless shelter, a homeless service

6 or advocacy program, a tribal organization serving

7 homeless individuals, or coalition or other nonprofit,

8 nongovernmental organization carrying out a com9 munity-based homeless or housing program that has

10 a documented history of effective work concerning

11 homelessness.

12 ‘‘SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG13 TERM HOUSING FOR VICTIMS.

14 ‘‘(a) GRANTS AUTHORIZED.—

15 ‘‘(1) IN GENERAL.—The Secretary of Health

16 and Human Services, acting through the Adminis17 tration of Children and Families, in consultation

18 with the Secretary of Housing and Urban Develop19 ment, shall award grants, contracts, or cooperative

20 agreements for a period of not less than 2 years to

21 eligible entities to develop long-term housing options

22 for adult and youth victims of domestic violence,

23 dating violence, sexual assault, and stalking who are

24 currently homeless or at risk for becoming homeless.
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1 ‘‘(2) AMOUNT.—The Secretary of Health and

2 Human Services shall award funds in amounts—

3 ‘‘(A) not less than $25,000 per year; and

4 ‘‘(B) not more than $1,000,000 per year.

5 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive

6 funds under this section, an entity shall demonstrate that

7 it is a coalition or partnership, applying jointly, that—

8 ‘‘(1) shall include a domestic violence victim

9 service provider;

10 ‘‘(2) shall include—

11 ‘‘(A) a homeless service provider;

12 ‘‘(B) a nonprofit, nongovernmental com13 munity housing development organization or a

14 Department of Agriculture rural housing service

15 program; or

16 ‘‘(C) in the absence of a homeless service

17 provider on tribal lands or nonprofit, non18 governmental community housing development

19 organization on tribal lands, a tribally des20 ignated housing entity or tribal housing consor21 tium;

22 ‘‘(3) may include a dating violence, sexual as23 sault, or stalking victim service provider;

24 ‘‘(4) may include housing developers, housing

25 corporations, State housing finance agencies, other
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1 housing agencies, and associations representing

2 landlords;

3 ‘‘(5) may include a public housing agency or

4 tribally designated housing entity;

5 ‘‘(6) may include tenant organizations in public

6 or tribally designated housing, as well as nonprofit,

7 nongovernmental tenant organizations;

8 ‘‘(7) may include other nonprofit, nongovern9 mental organizations participating in the Depart10 ment of Housing and Urban Development’s Con11 tinuum of Care process;

12 ‘‘(8) may include a State, tribal, territorial, or

13 local government or government agency; and

14 ‘‘(9) may include any other agencies or non15 profit, nongovernmental organizations with the ca16 pacity to provide effective help to adult and youth

17 victims of domestic violence, dating violence, sexual

18 assault, or stalking.

19 ‘‘(c) APPLICATION.—Each eligible entity seeking

20 funds under this section shall submit an application to the

21 Secretary of Health and Human Services at such time,

22 in such manner, and containing such information as the

23 Secretary of Health and Human Services may require.

24 ‘‘(d) USE OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—Funds awarded to eligible

2 entities under subsection (a) shall be used to design

3 or replicate and implement new activities, services,

4 and programs to develop long-term housing options

5 for adult and youth victims of domestic violence,

6 dating violence, sexual assault, or stalking, and their

7 dependents, who are currently homeless or at risk of

8 becoming homeless.

9 ‘‘(2) ACTIVITIES, SERVICES, PROGRAMS.—Such

10 activities, services, or programs described in para11 graph (1)—

12 ‘‘(A) shall participate in the Department of

13 Housing and Urban Development’s Continuum

14 of Care process, unless such a process does not

15 exist in the community to be served;

16 ‘‘(B) shall develop sustainable long-term

17 housing in the community by—

18 ‘‘(i) coordinating efforts and resources

19 among the various groups and organiza20 tions comprised in the entity to access ex21 isting private and public funding;

22 ‘‘(ii) assisting with the placement of

23 individuals and families in long-term hous24 ing; and
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1 ‘‘(iii) providing services to help indi2 viduals or families find and maintain long3 term housing, including financial assist4 ance and support services;

5 ‘‘(3) may develop partnerships with individuals,

6 organizations, corporations, or other entities that

7 provide capital costs for the purchase,

8 preconstruction, construction, renovation, repair, or

9 conversion of affordable housing units;

10 ‘‘(4) may use funds for the administrative ex11 penses related to the continuing operation, upkeep,

12 maintenance, and use of housing described in para13 graph (3); and

14 ‘‘(5) may provide to the community information

15 about housing and housing programs, and the proc16 ess to locate and obtain long-term housing.

17 ‘‘(e) LIMITATION.—Funds provided under paragraph

18 (a) shall not be used for construction, modernization or

19 renovation.

20 ‘‘(f) UNDERSERVED POPULATIONS AND PRIOR21 ITIES.—In awarding grants under this section, the Sec22 retary of Health and Human Services shall—

23 ‘‘(1) give priority to linguistically and culturally

24 specific services;
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1 ‘‘(2) give priority to applications from entities

2 that include a sexual assault service provider as de3 scribed in subsection (b)(3); and

4 ‘‘(3) award a minimum of 15 percent of the

5 funds appropriated under this section in any fiscal

6 year to tribal organizations.

7 ‘‘(g) DEFINITIONS.—For purposes of this section:

8 ‘‘(1) AFFORDABLE HOUSING.—The term ‘af9 fordable housing’ means housing that complies with

10 the conditions set forth in section 215 of the Cran11 ston-Gonzalez National Affordable Housing Act (42

12 U.S.C. 12745).

13 ‘‘(2) LONG-TERM HOUSING.—The term ‘long14 term housing’ means housing that is sustainable, ac15 cessible, affordable, and safe for the foreseeable fu16 ture and is—

17 ‘‘(A) rented or owned by the individual;

18 ‘‘(B) subsidized by a voucher or other pro19 gram which is not time-limited and is available

20 for as long as the individual meets the eligibility

21 requirements for the voucher or program; or

22 ‘‘(C) provided directly by a program, agen23 cy, or organization and is not time-limited and

24 is available for as long as the individual meets
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1 the eligibility requirements for the program,

2 agency, or organization.

3 ‘‘(h) EVALUATION, MONITORING, ADMINISTRATION,

4 AND TECHNICAL ASSISTANCE.—For purposes of this

5 section—

6 ‘‘(1) up to 5 percent of the funds appropriated

7 under subsection (i) for each fiscal year may be used

8 by the Secretary of Health and Human Services for

9 evaluation, monitoring, and administration costs

10 under this section; and

11 ‘‘(2) up to 8 percent of the funds appropriated

12 under subsection (i) for each fiscal year may be used

13 to provide technical assistance to grantees under this

14 section.

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There

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

17 of fiscal years 2006 through 2010 to carry out the provi18 sions of this section.

19 ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST

20 WOMEN IN PUBLIC AND ASSISTED HOUSING.

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

22 assist eligible grantees in responding appropriately to do23 mestic violence, dating violence, sexual assault, and stalk24 ing so that the status of being a victim of such a crime
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1 is not a reason for the denial or loss of housing. Such

2 assistance shall be accomplished through—

3 ‘‘(1) education and training of eligible entities;

4 ‘‘(2) development and implementation of appro5 priate housing policies and practices;

6 ‘‘(3) enhancement of collaboration with victim

7 service providers and tenant organizations; and

8 ‘‘(4) reduction of the number of victims of such

9 crimes who are evicted or denied housing because of

10 crimes and lease violations committed or directly

11 caused by the perpetrators of such crimes.

12 ‘‘(b) GRANTS AUTHORIZED.—

13 ‘‘(1) IN GENERAL.—The Attorney General, act14 ing through the Director of the Violence Against

15 Women Office of the Department of Justice (‘Direc16 tor’), and in consultation with the Secretary of

17 Housing and Urban Development (‘Secretary’), and

18 the Secretary of Health and Human Services, acting

19 through the Administration for Children, Youth and

20 Families (‘ACYF’), shall award grants and contracts

21 for not less than 2 years to eligible grantees to pro22 mote the full and equal access to and use of housing

23 by adult and youth victims of domestic violence, dat24 ing violence, sexual assault, and stalking.
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1 ‘‘(2) AMOUNTS.—Not less than 15 percent of

2 the funds appropriated to carry out this section shall

3 be available for grants to tribally designated housing

4 entities.

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

6 shall award grants and contracts under this section

7 on a competitive basis.

8 ‘‘(4) LIMITATION.—Appropriated funds may

9 only be used for the purposes described in subsection

10 (f).

11 ‘‘(c) ELIGIBLE GRANTEES.—

12 ‘‘(1) IN GENERAL.—Eligible grantees are—

13 ‘‘(A) public housing agencies;

14 ‘‘(B) principally managed public housing

15 resident management corporations, as deter16 mined by the Secretary;

17 ‘‘(C) public housing projects owned by

18 public housing agencies;

19 ‘‘(D) agencies and authorities receiving as20 sistance under the Native American Housing

21 Assistance and Self-Determination Act of 1996

22 (25 U.S.C. 4101 et seq.); and

23 ‘‘(E) private, for-profit, and nonprofit own24 ers or managers of assisted housing.
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1 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT2 EES.—To receive assistance under this section, an

3 eligible grantee shall certify that—

4 ‘‘(A) its policies and practices do not pro5 hibit or limit a resident’s right to summon po6 lice or other emergency assistance in response

7 to domestic violence, dating violence, sexual as8 sault, or stalking;

9 ‘‘(B) programs and services are developed

10 that give a preference in admission to adult and

11 youth victims of such violence, consistent with

12 local housing needs, and applicable law and the

13 Secretary’s instructions;

14 ‘‘(C) it does not discriminate against any

15 person—

16 ‘‘(i) because that person is or is per17 ceived to be, or has a family or household

18 member who is or is perceived to be, a vic19 tim of such violence; or

20 ‘‘(ii) because of the actions or threat21 ened actions of the individual who the vic22 tim, as certified in subsection (e), states

23 has committed or threatened to commit

24 acts of such violence against the victim, or
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1 against the victim’s family or household

2 member;

3 ‘‘(D) plans are developed that establish

4 meaningful consultation and coordination with

5 local victim service providers, tenant organiza6 tions, linguistically and culturally specific serv7 ice providers, State domestic violence and sex8 ual assault coalitions, and, where they exist,

9 tribal domestic violence and sexual assault coa10 litions; and

11 ‘‘(E) its policies and practices will be in

12 compliance with those described in this para13 graph within the later of 1 year or a period se14 lected by the Attorney General in consultation

15 with the Secretary and ACYF.

16 ‘‘(d) APPLICATION.—Each eligible entity seeking a

17 grant under this section shall submit an application to the

18 Attorney General at such a time, in such a manner, and

19 containing such information as the Attorney General may

20 require.

21 ‘‘(e) CERTIFICATION.—

22 ‘‘(1) IN GENERAL.—A public housing agency,

23 tribally designated housing entity, or assisted hous24 ing provider receiving funds under this section may

25 request that an individual claiming relief under this
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1 section certify that the individual is a victim of do2 mestic violence, dating violence, sexual assault, or

3 stalking. The individual shall provide a copy of such

4 certification to the public housing agency, tribally

5 designated housing entity, or assisted housing pro6 vider within a reasonable period of time after the

7 agency or authority requests such certification.

8 ‘‘(2) CONTENTS.—An individual may satisfy the

9 certification requirement of paragraph (1) by—

10 ‘‘(A) providing the public housing agency,

11 tribally designated housing entity, or assisted

12 housing provider with documentation, signed by

13 an employee, agent, or volunteer of a victim

14 service provider, an attorney, a member of the

15 clergy, a medical professional, or any other pro16 fessional from whom the victim has sought as17 sistance in addressing domestic violence, dating

18 violence, sexual assault, or stalking, or the ef19 fects of abuse; or

20 ‘‘(B) producing a Federal, State, tribal,

21 territorial, or local police or court record.

22 ‘‘(3) LIMITATION.—Nothing in this subsection

23 shall be construed to require any housing agency, as24 sisted housing provider, tribally designated housing

25 entity, owner, or manager to demand that an indi-
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1 vidual produce official documentation or physical

2 proof of the individual’s status as a victim of domes3 tic violence, dating violence, sexual assault, or stalk4 ing, in order to receive any of the benefits provided

5 in this section. A housing authority may provide

6 benefits to an individual based solely on the individ7 ual’s statement or other corroborating evidence.

8 ‘‘(4) CONFIDENTIALITY.—

9 ‘‘(A) IN GENERAL.—All information pro10 vided to any housing agency, assisted housing

11 provider, tribally designated housing entity,

12 owner, or manager pursuant to paragraph (1),

13 including the fact that an individual is a victim

14 of domestic violence, dating violence, sexual as15 sault, or stalking, shall be retained in the strict16 est confidence by such housing authority, and

17 shall neither be entered into any shared data18 base, nor provided to any related housing agen19 cy, assisted housing provider, tribally des20 ignated housing entity, owner, or manager, ex21 cept to the extent that disclosure is—

22 ‘‘(i) requested or consented to by the

23 individual in writing; or

24 ‘‘(ii) otherwise required by applicable

25 law.
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1 ‘‘(B) NOTIFICATION.—An individual shall

2 be notified of the limits of such confidentiality

3 and informed in advance about circumstances

4 in which the housing agency, assisted housing

5 provider, tribally designated housing entity,

6 owner, or manager will be compelled to disclose

7 the individual’s information.

8 ‘‘(f) USE OF FUNDS.—Grants and contracts awarded

9 pursuant to subsection (a) shall provide to eligible entities

10 personnel, training, and technical assistance to develop

11 and implement policies, practices, and procedures, making

12 physical improvements or changes, and developing or en13 hancing collaborations for the purposes of—

14 ‘‘(1) enabling victims of domestic violence, dat15 ing violence, sexual assault, and stalking with other16 wise disqualifying rental, credit, or criminal histories

17 to be eligible to obtain housing or housing assist18 ance, if such victims would otherwise qualify for

19 housing or housing assistance and can provide docu20 mented evidence that demonstrates the causal con21 nection between such violence or abuse and the vic22 tims’ negative histories;

23 ‘‘(2) permitting applicants for housing or hous24 ing assistance to provide incomplete rental and em25 ployment histories, otherwise required as a condition
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1 of admission or assistance, if the victim believes that

2 providing such rental and employment history would

3 endanger the victim’s or the victim children’s safety;

4 ‘‘(3) protecting victims’ confidentiality, includ5 ing protection of victims’ personally identifying in6 formation, address, or rental history;

7 ‘‘(4) assisting victims who need to leave a pub8 lic housing, Indian housing, or assisted housing unit

9 quickly to protect their safety, including those who

10 are seeking transfer to a new public housing unit,

11 Indian housing unit, or assisted housing unit, wheth12 er in the same or a different neighborhood or juris13 diction;

14 ‘‘(5) enabling the public housing agency, trib15 ally designated housing entity, or assisted housing

16 provider, or the victim, to remove, consistent with

17 applicable State law, the perpetrator of domestic vio18 lence, dating violence, sexual assault, or stalking

19 without evicting, removing, or otherwise penalizing

20 the victim;

21 ‘‘(6) enabling the public housing agency, trib22 ally designated housing entity, or assisted housing

23 provider to comply with court orders, including civil

24 protection orders issued to protect the victim, when

25 notified and issued to address the distribution or
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1 possession of property among the household mem2 bers in cases where a family breaks up;

3 ‘‘(7) developing and implementing more effec4 tive security policies, protocols, and services;

5 ‘‘(8) allotting not more than 15 percent of

6 funds awarded under the grant to make physical im7 provements;

8 ‘‘(9) training personnel to more effectively iden9 tify and respond to victims of domestic violence, dat10 ing violence, sexual assault, and stalking; and

11 ‘‘(10) effectively providing notice to applicants

12 and residents of the above housing policies, prac13 tices, and procedures.

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

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

16 of fiscal years 2006 through 2010 to carry out the provi17 sions of this section.

18 ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of

19 the amount appropriated under subsection (g) for each fis20 cal year shall be used by the Attorney General for tech21 nical assistance costs under this section.’’.
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1 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS

2 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT3 ING VIOLENCE, SEXUAL ASSAULT, OR STALK4 ING.

5 (a) IN GENERAL.—Section 40299 of the Violence

6 Against Women Act of 1994 (42 U.S.C. 13975) is

7 amended—

8 (1) in subsection (a)—

9 (A) by inserting ‘‘the Department of Hous10 ing and Urban Development, and the Depart11 ment of Health and Human Services,’’ after

12 ‘‘Department of Justice,’’;

13 (B) by inserting ‘‘, including domestic vio14 lence and sexual assault victim service pro15 viders, domestic violence and sexual assault coa16 litions, other nonprofit, nongovernmental orga17 nizations, or community-based and culturally

18 specific organizations, that have a documented

19 history of effective work concerning domestic vi20 olence, dating violence, sexual assault, or stalk21 ing’’ after ‘‘other organizations’’; and

22 (C) in paragraph (1), by inserting ‘‘, dat23 ing violence, sexual assault, or stalking’’ after

24 ‘‘domestic violence’’;

25 (2) in subsection (b)—
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1 (A) by redesignating paragraphs (1) and

2 (2) as paragraphs (2) and (3), respectively;

3 (B) in paragraph (3), as redesignated, by

4 inserting ‘‘, dating violence, sexual assault, or

5 stalking’’ after ‘‘violence’’;

6 (C) by inserting before paragraph (2), as

7 redesignated, the following:

8 ‘‘(1) transitional housing, or acquire land or

9 buildings, or rehabilitate or construct buildings for

10 the purpose of providing transitional housing to per11 sons described in subsection (a), including funding

12 for—

13 ‘‘(A) the predevelopment cost and capital

14 expenses involved in the development of transi15 tional housing; and

16 ‘‘(B) the operating expenses of newly de17 veloped or existing transitional housing.’’; and

18 (D) in paragraph (3)(B) as redesignated,

19 by inserting ‘‘Participation in the support serv20 ices shall be voluntary. Receipt of the benefits

21 of the housing assistance described in para22 graph (2) shall not be conditioned upon the

23 participation of the youth, adults, or their de24 pendents in any or all of the support services

25 offered them.’’ after ‘‘assistance.’’;
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1 (3) in paragraph (1) of subsection (c), by strik2 ing ‘‘18 months’’ and inserting ‘‘24 months’’;

3 (4) in subsection (d)(2)—

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A);

6 (B) by redesignating subparagraph (B) as

7 subparagraph (C); and

8 (C) by inserting after subparagraph (A)

9 the following:

10 ‘‘(B) provide assurances that any sup11 portive services offered to participants in pro12 grams developed under subsection (b)(3) are

13 voluntary and that refusal to receive such serv14 ices shall not be grounds for termination from

15 the program or eviction from the victim’s hous16 ing; and’’;

17 (5) in subsection (e)(2)—

18 (A) in subparagraph (A), by inserting

19 ‘‘purpose and’’ before ‘‘amount’’;

20 (B) in clause (ii) of subparagraph (C), by

21 striking ‘‘and’’;

22 (C) in subparagraph (D), by striking the

23 period and inserting ‘‘; and’’; and

24 (D) by adding at the end the following new

25 subparagraph:
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1 ‘‘(E) the client population served and the

2 number of individuals requesting services that

3 the transitional housing program is unable to

4 serve as a result of a lack of resources.’’; and

5 (6) in subsection (g)—

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

7 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’;

8 (B) in paragraph (1), by striking ‘‘2004’’

9 and inserting ‘‘2006’’;

10 (C) in paragraph (1), by striking ‘‘2008.’’

11 and inserting ‘‘2010’’;

12 (D) in paragraph (2), by striking ‘‘not

13 more than 3 percent’’ and inserting ‘‘up to 5

14 percent’’;

15 (E) in paragraph (2), by inserting ‘‘evalua16 tion, monitoring, technical assistance,’’ before

17 ‘‘salaries’’; and

18 (F) in paragraph (3), by adding at the end

19 the following new subparagraphs:

20 ‘‘(C) UNDERSERVED POPULATIONS.—

21 ‘‘(i) A minimum of 7 percent of the

22 total amount appropriated in any fiscal

23 year shall be allocated to tribal organiza24 tions serving adult and youth victims of
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1 domestic violence, dating violence, sexual

2 assault, or stalking, and their dependents.

3 ‘‘(ii) Priority shall be given to projects

4 developed under subsection (b) that pri5 marily serve racial, ethnic, or other under6 served populations.’’.

7 SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING

8 REQUIREMENT.

9 Section 5A of the United States Housing Act of 1937

10 (42 U.S.C. 1437c–1) is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1), by striking ‘‘para13 graph (2)’’ and inserting ‘‘paragraph (3)’’;

14 (B) by redesignating paragraph (2) as

15 paragraph (3); and

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

17 following:

18 ‘‘(2) STATEMENT OF GOALS.—The 5-year plan

19 shall include a statement by any public housing

20 agency of the goals, objectives, policies, or programs

21 that will enable the housing authority to serve the

22 needs of child and adult victims of domestic violence,

23 dating violence, sexual assault, or stalking.’’;

24 (2) in subsection (d), by redesignating para25 graphs (13), (14), (15), (16), (17), and (18), as
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1 paragraphs (14), (15), (16), (17), (18), and (19), re2 spectively; and

3 (3) by inserting after paragraph (12) the fol4 lowing:

5 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE,

6 SEXUAL ASSAULT, OR STALKING PROGRAMS.—A de7 scription of—

8 ‘‘(A) any activities, services, or programs

9 provided or offered by an agency, either directly

10 or in partnership with other service providers,

11 to child or adult victims of domestic violence,

12 dating violence, sexual assault, or stalking;

13 ‘‘(B) any activities, services, or programs

14 provided or offered by a public housing agency

15 that helps child and adult victims of domestic

16 violence, dating violence, sexual assault, or

17 stalking, to obtain or maintain housing; and

18 ‘‘(C) any activities, services, or programs

19 provided or offered by a public housing agency

20 to prevent domestic violence, dating violence,

21 sexual assault, and stalking, or to enhance vic22 tim safety in assisted families.’’.

23 SEC. 604. HOUSING STRATEGIES.

24 Section 105(b)(1) of the Cranston-Gonzalez National

25 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is
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1 amended by inserting after ‘‘immunodeficiency syn2 drome,’’ the following: ‘‘victims of domestic violence, dat3 ing violence, sexual assault, and stalking’’.

4 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME5 LESS ASSISTANCE ACT.

6 Section 423 of the Stewart B. McKinney Homeless

7 Assistance Act (42 U.S.C. 11383) is amended—

8 (1) by adding at the end of subsection (a) the

9 following:

10 ‘‘(8) CONFIDENTIALITY.—

11 ‘‘(A) IN GENERAL.—In the course of

12 awarding grants or implementing programs

13 under this subsection, the Secretary shall in14 struct any recipient or subgrantee not to dis15 close to any person, agency, or entity any per16 sonally identifying information about any client

17 where the Secretary, recipient, or subgrantee

18 believes based upon reasonable evidence that

19 the client is either a child or an adult victim of

20 domestic violence, dating violence, sexual as21 sault, or stalking, and has immediate safety

22 concerns, or is the parent or guardian of a child

23 victim of domestic violence, dating violence, sex24 ual assault, or stalking, and has immediate

25 safety concerns. The Secretary shall not require
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1 or ask a recipient or subgrantee of any other

2 Federal or State program to disclose personally

3 identifying information about any clients where

4 the persons, agencies, or entities implementing

5 those programs believe, based upon reasonable

6 evidence, that those clients either are child or

7 adult victims of domestic violence, dating vio8 lence, sexual assault, or stalking, and has im9 mediate safety concerns or are the parents or

10 guardians of child victims of domestic violence,

11 dating violence, sexual assault, or stalking, and

12 has immediate safety concerns. The Secretary

13 shall instruct any recipient or subgrantee under

14 this subsection or any recipient or subgrantee

15 of any other Federal or State program partici16 pating in the Homeless Management Informa17 tion System that personally identifying informa18 tion about any client may only be disclosed if

19 the program seeking to disclose such informa20 tion has obtained informed, reasonably time21 limited, written consent from the client to

22 whom the information relates. The Secretary

23 may require or ask any recipient or subgrantee

24 to share nonpersonally identifying data in the

25 aggregate regarding services to clients and non-
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1 personally identifying demographic information

2 in order to comply with the data collection re3 quirements of the Homeless Management Infor4 mation System.

5 ‘‘(B) PERSONALLY IDENTIFYING INFORMA6 TION OR PERSONAL INFORMATION.—The term

7 ‘personally identifying information’ or ‘personal

8 information’ means individually identifying in9 formation for or about an individual including

10 information likely to disclose the location of a

11 victim of domestic violence, dating violence, sex12 ual assault, or stalking, including—

13 ‘‘(i) a first and last name;

14 ‘‘(ii) a home or other physical address;

15 ‘‘(iii) contact information (including a

16 postal, e-mail or Internet protocol address,

17 or telephone or facsimile number);

18 ‘‘(iv) a social security number; and

19 ‘‘(v) any other information, including

20 date of birth, racial or ethnic background,

21 or religious affiliation, that, in combination

22 with any of clauses (i) through (iv), would

23 serve to identify any individual.’’.
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1 SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING AS2 SISTANCE VOUCHER PROGRAM.

3 Section 8 of the United States Housing Act of 1937

4 (42 U.S.C. 1437f) is amended—

5 (1) in subsection (c)—

6 (A) in the first sentence by inserting ‘‘;

7 miscellaneous provisions’’ after ‘‘monthly assist8 ance payments’’; and

9 (B) by adding at the end the following new

10 paragraph:

11 ‘‘(9)(A) That an applicant or participant is or

12 has been a victim of domestic violence, dating vio13 lence, or stalking is not an appropriate basis for de14 nial of program assistance or for denial of admis15 sion.

16 ‘‘(B) An incident or incidents of actual or

17 threatened domestic violence, dating violence, or

18 stalking will not be construed as a serious or re19 peated violation of the lease by the victim or threat20 ened victim of that violence and shall not be good

21 cause for terminating the tenancy or occupancy

22 rights of the victim of such violence.

23 ‘‘(C)(i) Criminal activity directly relating to do24 mestic violence, dating violence, or stalking, engaged

25 in by a member of a tenant’s household or any guest

26 or other person under the tenant’s control shall not
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1 be cause for termination of tenancy or occupancy

2 rights if the tenant or an immediate member of the

3 tenant’s family is the victim or threatened victim of

4 that domestic violence, dating violence, or stalking.

5 ‘‘(ii) A public housing agency or an owner or

6 manager under this section may bifurcate a lease

7 under this section, in order to evict, remove, or ter8 minate assistance to any individual who is a tenant

9 or lawful occupant and who engages in criminal acts

10 of physical violence against family members or oth11 ers, without evicting, removing, terminating assist12 ance to, or otherwise penalizing the victim of such

13 violence who is also a tenant or lawful occupant.

14 ‘‘(iii) Nothing in clause (i) may be construed to

15 limit the authority of a public housing agency,

16 owner, or manager, when notified, to comply with

17 court orders, including civil protection orders issued

18 to protect the victim and issued to address the dis19 tribution or possession of property among the house20 hold members in cases where a family breaks up.

21 ‘‘(iv) Nothing in clause (i) limits any otherwise

22 available authority of an owner or manager to evict

23 or the public housing agency or assisted housing

24 provider to terminate voucher assistance to a tenant

25 for any violation of a lease not premised on the act
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1 or acts of violence in question against the tenant or

2 a member of the tenant’s household, provided that

3 the owner or manager does not subject an individual

4 who is or has been a victim of domestic violence,

5 dating violence, or stalking to a more demanding

6 standard than other tenants in determining whether

7 to evict or terminate.

8 ‘‘(v) Nothing in clause (i) may be construed to

9 limit the authority of an owner or manager to evict

10 any tenant or lawful occupant if the owner or man11 ager can demonstrate an actual and imminent threat

12 to other tenants or those employed at or providing

13 service to the property if that tenant is not evicted

14 or terminated from assistance.

15 ‘‘(vi) Nothing in this section shall be construed

16 to supersede any provision of any Federal, State, or

17 local law that provides greater protection than this

18 section for victims of domestic violence, dating vio19 lence, or stalking.’’.

20 (2) in subsection (d)—

21 (A) in paragraph (1)(A), by inserting after

22 ‘‘public housing agency’’ the following: ‘‘and

23 that an applicant is or has been a victim of do24 mestic violence, dating violence, or stalking is
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1 not an appropriate basis for denial of program

2 assistance or for denial of admission’’;

3 (B) in paragraph (1)(B)(ii), by inserting

4 after ‘‘other good cause’’ the following: ‘‘, and

5 that an incident or incidents of actual or

6 threatened domestic violence, dating violence, or

7 stalking will not be construed as a serious or

8 repeated violation of the lease by the victim or

9 threatened victim of that violence and will not

10 be good cause for terminating the tenancy or

11 occupancy rights of the victim of such vio12 lence’’; and

13 (C) in paragraph (1)(B)(iii), by inserting

14 after ‘‘termination of tenancy’’ the following: ‘‘,

15 except that (I) criminal activity directly relating

16 to domestic violence, dating violence, or stalk17 ing, engaged in by a member of a tenant’s

18 household or any guest or other person under

19 the tenant’s control, shall not be cause for ter20 mination of the tenancy or occupancy rights, if

21 the tenant or immediate member of the tenant’s

22 family is a victim of that domestic violence, dat23 ing violence, or stalking; (II) a public housing

24 agency or an owner or manager under this sec25 tion may bifurcate a lease under this section, in
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1 order to evict, remove, or terminate assistance

2 to any individual who is a tenant or lawful oc3 cupant and who engages in criminal acts of

4 physical violence against family members or

5 others, without evicting, removing, terminating

6 assistance to, or otherwise penalizing the victim

7 of such violence who is also a tenant or lawful

8 occupant; (III) nothing in subclause (I) may be

9 construed to limit the authority of a public

10 housing agency, owner, or manager, when noti11 fied, to comply with court orders, including civil

12 protection orders issued to protect the victim

13 and issued to address the distribution or pos14 session of property among the household mem15 bers in cases where a family breaks up; (IV)

16 nothing in subclause (I) limits any otherwise

17 available authority of an owner or manager to

18 evict or the public housing agency or assisted

19 housing provider to terminate voucher assist20 ance to a tenant for any violation of a lease not

21 premised on the act or acts of violence in ques22 tion against the tenant or a member of the ten23 ant’s household, provided that the owner or

24 manager does not subject an individual who is

25 or has been a victim of domestic violence, dat-
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1 ing violence, or stalking to a more demanding

2 standard than other tenants in determining

3 whether to evict or terminate; (V) nothing in

4 subclause (I) may be construed to limit the au5 thority of an owner or manager to evict, or the

6 public housing agency or assisted housing pro7 vider to terminate voucher assistance, to any

8 tenant if the owner, manager, public housing

9 agency, or assisted housing provider can dem10 onstrate an actual and imminent threat to other

11 tenants or those employed at or providing serv12 ice to the property if that tenant is not evicted

13 or terminated from assistance; and (VI) nothing

14 in this section shall be construed to supersede

15 any provision of any Federal, State, or local law

16 that provides greater protection than this sec17 tion for victims of domestic violence, dating vio18 lence, or stalking.’’;

19 (3) in subsection (f)—

20 (A) in paragraph (6), by striking ‘‘and’’;

21 (B) in paragraph (7), by striking the pe22 riod at the end and inserting a semicolon; and

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

24 paragraphs:
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1 ‘‘(8) the term ‘domestic violence’ has the same

2 meaning given the term in section 40002 of the Vio3 lence Against Women Act of 1994;

4 ‘‘(9) the term ‘dating violence’ has the same

5 meaning given the term in section 40002 of the Vio6 lence Against Women Act of 1994; and

7 ‘‘(10) the term ‘stalking’ means engaging in a

8 course of conduct directed at a specific person that

9 would cause a reasonable person to—

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

11 of others; or

12 ‘‘(B) suffer significant emotional or phys13 ical distress; and

14 ‘‘(11) the term ‘sexual assault’ has the same

15 meaning given the term in section 40002 of the Vio16 lence Against Women Act of 1994.’’;

17 (4) in subsection (o)—

18 (A) by inserting at the end of paragraph

19 (6)(B) the following new sentence: ‘‘That an

20 applicant is or has been a victim of domestic vi21 olence, dating violence, or stalking is not an ap22 propriate basis for denial of program assistance

23 by or for denial of admission, and that nothing

24 in this section shall be construed to supersede

25 any provision of any Federal, State, or local law
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1 that provides greater protection than this sec2 tion for victims of domestic violence, dating vio3 lence, or stalking.’’;

4 (B) in paragraph (7)(C), by inserting after

5 ‘‘other good cause’’ the following: ‘‘, and that

6 an incident or incidents of actual or threatened

7 domestic violence, dating violence, or stalking

8 shall not be construed as a serious or repeated

9 violation of the lease by the victim or threat10 ened victim of that violence and shall not be

11 good cause for terminating the tenancy or occu12 pancy rights of the victim of such violence’’;

13 (C) in paragraph (7)(D), by inserting after

14 ‘‘termination of tenancy’’ the following: ‘‘; ex15 cept that (i) criminal activity directly relating

16 to domestic violence, dating violence, or stalk17 ing, engaged in by a member of a tenant’s

18 household or any guest or other person under

19 the tenant’s control shall not be cause for ter20 mination of the tenancy or occupancy rights, if

21 the tenant or immediate member of the tenant’s

22 family is a victim of that domestic violence, dat23 ing violence, or stalking; (ii) a public housing

24 agency or an owner or manager under this sec25 tion may bifurcate a lease under this section, in
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1 order to evict, remove, or terminate assistance

2 to any individual who is a tenant or lawful oc3 cupant and who engages in criminal acts of

4 physical violence against family members or

5 others, without evicting, removing, terminating

6 assistance to, or otherwise penalizing the victim

7 of such violence who is also a tenant or lawful

8 occupant; (iii) nothing in clause (i) may be con9 strued to limit the authority of a public housing

10 agency, owner, or manager, when notified, to

11 comply with court orders, including civil protec12 tion orders issued to protect the victim and

13 issued to address the distribution or possession

14 of property among the household member sin

15 cases where a family breaks up; (iv) nothing in

16 clause (i) limits any otherwise available author17 ity of an owner or manager to evict or the pub18 lic housing agency or assisted housing provider

19 to terminate voucher assistance to a tenant for

20 any violation of a lease not premised on the act

21 or acts of violence in question against the ten22 ant or a member of the tenant’s household, pro23 vided that the owner or manager does not sub24 ject an individual who is or has been a victim

25 of domestic violence, dating violence, or stalking
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1 to a more demanding standard than other ten2 ants in determining whether to evict or termi3 nate; (v) nothing in clause (i) may be construed

4 to limit the authority of an owner or manager

5 to evict, or the public housing agency or as6 sisted housing provider to terminate, voucher

7 assistance to any tenant if the owner, manager,

8 public housing agency, or assisted housing pro9 vider can demonstrate an actual and imminent

10 threat to other tenants or those employed at or

11 providing service to the property if that tenant

12 is not evicted or terminated from assistance;

13 and (vi) nothing in this section shall be con14 strued to supersede any provision of any Fed15 eral, State, or local law that provides greater

16 protection than this section for victims of do17 mestic violence, dating violence, or stalking.’’;

18 and

19 (D) by adding at the end the following new

20 paragraph:

21 ‘‘(20) PROHIBITED BASIS FOR TERMINATION OF AS22 SISTANCE.—

23 ‘‘(A) IN GENERAL.—A public housing

24 agency may not terminate assistance to a par25 ticipant in the voucher program on the basis of
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1 an incident or incidents of actual or threatened

2 domestic violence, dating violence, or stalking

3 against that participant.

4 ‘‘(B) CONSTRUAL OF LEASE PROVI5 SIONS.—Criminal activity directly relating to

6 domestic violence, dating violence, or stalking

7 shall not be considered a serious or repeated

8 violation of the lease by the victim or threat9 ened victim of that criminal activity justifying

10 termination of assistance to the victim or

11 threatened victim.

12 ‘‘(C) TERMINATION ON THE BASIS OF

13 CRIMINAL ACTIVITY.—Criminal activity directly

14 relating to domestic violence, dating violence, or

15 stalking shall not be considered cause for termi16 nation of assistance for any participant or im17 mediate member of a participant’s family who

18 is a victim of the domestic violence, dating vio19 lence, or stalking.

20 ‘‘(D) EXCEPTIONS.—

21 ‘‘(i) PUBLIC HOUSING AUTHORITY

22 RIGHT TO TERMINATE FOR CRIMINAL

23 ACTS.—Nothing in subparagraphs (A),

24 (B), or (C) may be construed to limit the

25 authority of the public housing agency to
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1 terminate voucher assistance to individuals

2 who engage in criminal acts of physical vi3 olence against family members or others.

4 ‘‘(ii) PUBLIC HOUSING AUTHORITY

5 RIGHT TO TERMINATE ASSISTANCE FOR

6 IMMINENT THREAT.—Nothing in subpara7 graphs (A), (B), or (C) may be construed

8 to limit the authority of a public housing

9 agency to terminate assistance to any indi10 vidual who has been evicted from housing

11 assisted under the program based on a

12 showing that he or she presented an actual

13 and imminent threat to other tenants or to

14 staff of the owner or public housing agen15 cy.

16 ‘‘(iii) COMPLIANCE WITH COURT OR17 DERS.—Nothing in subparagraphs (A),

18 (B), or (C) may be construed to limit the

19 authority of a public housing agency, when

20 notified, to comply with court orders, in21 cluding civil protection orders issued to

22 protect the victim and issued to address

23 the distribution possession of property

24 among the household members in cases

25 where a family breaks up.
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1 ‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT

2 TO TERMINATE VOUCHER ASSISTANCE FOR

3 ACTS OF VIOLENCE.—Nothing in subpara4 graphs (A), (B), or (C) limit any otherwise

5 available authority of the public housing agency

6 to terminate voucher assistance to a tenant for

7 any violation of a lease not premised on the act

8 or acts of violence in question against the ten9 ant or a member of the tenant’s household, pro10 vided that the owner or manager does not sub11 ject an individual who is or has been a victim

12 of domestic violence, dating violence, or stalking

13 to a more demanding standard than other ten14 ants in determining whether to evict or termi15 nate.

16 ‘‘(v) PUBLIC HOUSING AUTHORITY RIGHT

17 TO TERMINATE VOUCHER ASSISTANCE FOR IM18 MINENT THREAT.—Nothing in subparagraphs

19 (A), (B), (C) may be construed to limit the au20 thority of the public housing agency to termi21 nate voucher assistance to a tenant if the public

22 housing agency can demonstrate an actual and

23 imminent threat to other tenants or those em24 ployed at or providing service to the property or
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1 public housing agency if that tenant is not

2 evicted or terminated from assistance.

3 ‘‘(vi) PREEMPTION.—Nothing in this sec4 tion shall be construed to supersede any provi5 sion of any Federal, State, or local law that

6 provides greater protection than this section for

7 victims of domestic violence, dating violence, or

8 stalking.’’;

9 (5) in subsection (r)(5), by inserting after ‘‘vio10 lation of a lease’’ the following: ‘‘, except that a fam11 ily may receive a voucher from a public housing

12 agency and move to another jurisdiction under the

13 tenant-based assistance program if the family has

14 complied with all other obligations of the section 8

15 program and has moved out of the assisted dwelling

16 unit in order to protect the health or safety of an

17 individual who is or has been the victim of domestic

18 violence, dating violence, or stalking and who reason19 ably believed he or she was imminently threatened

20 by harm from further violence if he or she remained

21 in the assisted dwelling unit’’; and

22 (6) by adding at the end the following new sub23 section:

24 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.—

25 ‘‘(1) CERTIFICATION.—
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1 ‘‘(A) IN GENERAL.—An owner, manager,

2 public housing agency, or assisted housing pro3 vider responding to subsections (c)(9),

4 (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D),

5 (o)(20), and (r)(5) may request that an indi6 vidual certify via a HUD approved certification

7 form that the individual is a victim of domestic

8 violence, dating violence, or stalking, and that

9 the incident or incidents in question are bona

10 fide incidents of such actual or threatened

11 abuse and meet the requirements set forth in

12 the aforementioned paragraphs. The individual

13 shall provide such certification within 14 busi14 ness days after the owner, manager, public

15 housing agency, or assisted housing provider re16 quests such certification.

17 ‘‘(B) FAILURE TO PROVIDE CERTIFI18 CATION.—If the individual does not provide the

19 certification within 14 business days after the

20 owner, manager, public housing agency, or as21 sisted housing provider has requested such cer22 tification in writing, nothing in this subsection

23 may be construed to limit the authority of an

24 owner or manager to evict, or the public hous25 ing agency or assisted housing provider to ter-
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1 minate voucher assistance for, any tenant or

2 lawful occupant that commits violations of a

3 lease. The owner, manager, public housing

4 agency, or assisted housing provider may extend

5 the 14-day deadline at their discretion.

6 ‘‘(C) CONTENTS.—An individual may sat7 isfy the certification requirement of subpara8 graph (A) by—

9 ‘‘(i) providing the requesting owner,

10 manager, public housing agency, or as11 sisted housing provider with documentation

12 signed by an employee, agent, or volunteer

13 of a victim service provider, an attorney, a

14 member of the clergy, a medical profes15 sional, or any other professional, from

16 whom the victim has sought assistance in

17 addressing domestic violence, dating vio18 lence, sexual assault, or stalking, or the ef19 fects of the abuse, in which the profes20 sional attests under penalty of perjury (28

21 U.S.C. 1746) to the professional’s belief

22 that the incident or incidents in question

23 are bona fide incidents of abuse, and the

24 victim of domestic violence, dating violence,
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1 or stalking has signed or attested to the

2 documentation; or

3 ‘‘(ii) producing a Federal, State, trib4 al, territorial, or local police or court

5 record.

6 ‘‘(D) LIMITATION.—Nothing in this sub7 section shall be construed to require an owner,

8 manager, public housing agency, or assisted

9 housing provider to demand that an individual

10 produce official documentation or physical proof

11 of the individual’s status as a victim of domes12 tic violence, dating violence, sexual assault, or

13 stalking in order to receive any of the benefits

14 provided in this section. At their discretion, the

15 owner, manager, public housing agency, or as16 sisted housing provider may provide benefits to

17 an individual based solely on the individual’s

18 statement or other corroborating evidence.

19 ‘‘(E) COMPLIANCE NOT SUFFICIENT TO

20 CONSTITUTE EVIDENCE OF UNREASONABLE

21 ACT.—Compliance with this statute by an

22 owner, manager, public housing agency, or as23 sisted housing provider based on the certifi24 cation specified in paragraph (1)(A) and (B) of

25 this subsection or based solely on the victim’s
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1 statement or other corroborating evidence, as

2 permitted by paragraph (1)(C) of this sub3 section, shall not alone be sufficient to con4 stitute evidence of an unreasonable act or omis5 sion by an owner, manger, public housing agen6 cy, or assisted housing provider, or employee

7 thereof. Nothing in this subparagraph shall be

8 construed to limit liability for failure to comply

9 with the requirements of subsections (c)(9),

10 (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C),

11 (o)(7)(D), (o)(9), or (r)(5).

12 ‘‘(F) PREEMPTION.—Nothing in this sec13 tion shall be construed to supersede any provi14 sion of any Federal, State, or local law that

15 provides greater protection than this section for

16 victims of domestic violence, dating violence, or

17 stalking.

18 ‘‘(2) CONFIDENTIALITY.—

19 ‘‘(A) IN GENERAL.—All information pro20 vided to an owner, manager, public housing

21 agency, or assisted housing provider pursuant

22 to paragraph (1), including the fact that an in23 dividual is a victim of domestic violence, dating

24 violence, sexual assault, or stalking, shall be re25 tained in the strictest confidence by an owner,
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1 manager, public housing agency, or assisted

2 housing provider, and shall neither be entered

3 into any shared database nor provided to any

4 related entity, except to the extent that disclo5 sure is—

6 ‘‘(i) requested or consented to by the

7 individual in writing; or

8 ‘‘(ii) otherwise required by applicable

9 law.

10 ‘‘(B) NOTIFICATION.—An individual must

11 be notified of the limits of such confidentiality

12 and informed in advance about circumstances

13 in which the person or entity will be compelled

14 to disclose the individual’s information.’’.

15 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO16 GRAM.

17 Section 6 of the United States Housing Act of 1937

18 (42 U.S.C. 1437d) is amended—

19 (1) in subsection (c), by redesignating para20 graph (3) and (4), as paragraphs (4) and (5), re21 spectively;

22 (2) by inserting after paragraph (2) the fol23 lowing:

24 ‘‘(3) the public housing agency shall not deny

25 admission to the project to any applicant on the
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1 basis that the applicant is or has been a victim of

2 domestic violence, dating violence, or stalking and

3 that nothing in this section shall be construed to su4 persede any provision of any Federal, State, or local

5 law that provides greater protection than this section

6 for victims of domestic violence, dating violence, or

7 stalking’’;

8 (3) in subsection (l)(5), by inserting after

9 ‘‘other good cause’’ the following: ‘‘, and that an in10 cident or incidents of actual or threatened domestic

11 violence, dating violence, or stalking will not be con12 strued as a serious or repeated violation of the lease

13 by the victim or threatened victim of that violence

14 and will not be good cause for terminating the ten15 ancy or occupancy rights of the victim of such vio16 lence’’;

17 (4) in subsection (l)(6), by inserting after ‘‘ter18 mination of tenancy’’ the following: ‘‘; except that

19 (A) criminal activity directly relating to domestic vi20 olence, dating violence, or stalking, engaged in by a

21 member of a tenant’s household or any guest or

22 other person under the tenant’s control, shall not be

23 cause for termination of the tenancy or occupancy

24 rights, if the tenant or immediate member of the

25 tenant’s family is a victim of that domestic violence,
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1 dating violence, or stalking; (B) a public housing

2 agency under this section may bifurcate a lease

3 under this section, in order to evict, remove, or ter4 minate assistance to any individual who is a tenant

5 or lawful occupant and who engages in criminal acts

6 of physical violence against family members or oth7 ers, without evicting, removing, terminating assist8 ance to, or otherwise penalizing the victim of such

9 violence who is also a tenant or lawful occupant; (C)

10 nothing in subparagraph (A) may be construed to

11 limit the authority of a public housing agency, when

12 notified, to comply with court orders, including civil

13 protection orders issued to protect the victim and

14 issued to address the distribution or possession of

15 property among the household members in cases

16 where a family breaks up; (D) nothing in subpara17 graph (A) limits any otherwise available authority of

18 a public housing agency to evict a tenant for any

19 violation of a lease not premised on the act or acts

20 of violence in question against the tenant or a mem21 ber of the tenant’s household, provided that the

22 owner or manager does not subject an individual

23 who is or has been a victim of domestic violence,

24 dating violence, or stalking to a more demanding

25 standard than other tenants in determining whether
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1 to evict or terminate; (E) nothing in subparagraph

2 (A) may be construed to limit the authority of a

3 public housing agency to terminate the tenancy of

4 any tenant if the public housing agency can dem5 onstrate an actual and imminent threat to other ten6 ants or those employed at or providing service to the

7 property if that tenant’s tenancy is not terminated;

8 and (F) nothing in this section shall be construed to

9 supersede any provision of any Federal, State, or

10 local law that provides greater protection than this

11 section for victims of domestic violence, dating vio12 lence, or stalking.’’; and

13 (5) by inserting at the end of subsection (t) the

14 following new subsection:

15 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.—

16 ‘‘(1) CERTIFICATION.—

17 ‘‘(A) IN GENERAL.—A public housing

18 agency responding to subsection (l) (5) and (6)

19 may request that an individual certify via a

20 HUD approved certification form that the indi21 vidual is a victim of domestic violence, dating

22 violence, or stalking, and that the incident or

23 incidents in question are bona fide incidents of

24 such actual or threatened abuse and meet the

25 requirements set forth in the aforementioned
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1 paragraphs. The individual shall provide such

2 certification within 14 business days after the

3 public housing agency requests such certifi4 cation.

5 ‘‘(B) FAILURE TO PROVIDE CERTIFI6 CATION.—If the individual does not provide the

7 certification within 14 business days after the

8 public housing agency has requested such cer9 tification in writing, nothing in this subsection

10 may be construed to limit the authority of the

11 public housing agency to evict any tenant or

12 lawful occupant that commits violations of a

13 lease. The public housing agency may extend

14 the 14-day deadline at its discretion.

15 ‘‘(C) 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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1 lence, or stalking, or the effects of the

2 abuse, in which the professional attests

3 under penalty of perjury (28 U.S.C. 1746)

4 to the professional’s belief that the incident

5 or incidents in question are bona fide inci6 dents of abuse, and the victim of domestic

7 violence, dating violence, or stalking has

8 signed or attested to the documentation; or

9 ‘‘(ii) producing a Federal, State, trib10 al, territorial, or local police or court

11 record.

12 ‘‘(D) LIMITATION.—Nothing in this sub13 section shall be construed to require any public

14 housing agency to demand that an individual

15 produce official documentation or physical proof

16 of the individual’s status as a victim of domes17 tic violence, dating violence, or stalking in order

18 to receive any of the benefits provided in this

19 section. At the public housing agency’s discre20 tion, a public housing agency may provide bene21 fits to an individual based solely on the individ22 ual’s statement or other corroborating evidence.

23 ‘‘(E) PREEMPTION.—Nothing in this sec24 tion shall be construed to supersede any provi25 sion of any Federal, State, or local law that
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1 provides greater protection than this section for

2 victims of domestic violence, dating violence, or

3 stalking.

4 ‘‘(F) COMPLIANCE NOT SUFFICIENT TO

5 CONSTITUTE EVIDENCE OF UNREASONABLE

6 ACT.—Compliance with this statute by a public

7 housing agency, or assisted housing provider

8 based on the certification specified in subpara9 graphs (A) and (B) of this subsection or based

10 solely on the victim’s statement or other cor11 roborating evidence, as permitted by subpara12 graph (D) of this subsection, shall not alone be

13 sufficient to constitute evidence of an unreason14 able act or omission by an owner, manager,

15 public housing agency, or assisted housing pro16 vider, or employee thereof. Nothing in this sub17 paragraph shall be construed to limit liability

18 for failure to comply with the requirements of

19 subsection l(5) and (6).

20 ‘‘(2) CONFIDENTIALITY.—

21 ‘‘(A) IN GENERAL.—All information pro22 vided to any public housing agency pursuant to

23 paragraph (1), including the fact that an indi24 vidual is a victim of domestic violence, dating

25 violence, or stalking, shall be retained in the
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1 strictest confidence by such public housing

2 agency, and shall neither be entered into any

3 shared database nor provided to any related en4 tity, except to the extent that disclosure is—

5 ‘‘(i) requested or consented to by the

6 individual in writing; or

7 ‘‘(ii) otherwise required by applicable

8 law.

9 ‘‘(B) NOTIFICATION.—An individual must

10 be notified of the limits of such confidentiality

11 and informed in advance about circumstances

12 in which the person or entity will be compelled

13 to disclose the individual’s information.

14 ‘‘(3) DEFINITIONS.—For purposes of this sub15 section, subsection (c)(3), and subsection (l)(5) and

16 (6)—

17 ‘‘(A) the term ‘domestic violence’ has the

18 same meaning given the term in section 40002

19 of the Violence Against Women Act of 1994;

20 ‘‘(B) the term ‘dating violence’ has the

21 same meaning given the term in section 40002

22 of the Violence Against Women Act of 1994;

23 and
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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. GRANT FOR NATIONAL CLEARINGHOUSE AND RE12 SOURCE CENTER ON WORKPLACE RE13 SPONSES TO ASSIST VICTIMS OF DOMESTIC

14 AND SEXUAL VIOLENCE.

15 Subtitle N of the Violence Against Women Act of

16 1994 (Public Law 103–322; 108 Stat. 1902) is amended

17 by adding at the end the following:

18 ‘‘Subtitle O—National Clearing19 house and Resource Center

20 ‘‘SEC. 41501. GRANT FOR NATIONAL CLEARINGHOUSE AND

21 RESOURCE CENTER ON WORKPLACE RE22 SPONSES TO ASSIST VICTIMS OF DOMESTIC

23 AND SEXUAL VIOLENCE.

24 ‘‘(a) AUTHORITY.—The Attorney General, acting

25 through the Director of the Office on Violence Against
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1 Women, may award a grant to an eligible nonprofit non2 governmental entity or tribal organization, in order to pro3 vide for the establishment and operation of a national

4 clearinghouse and resource center on workplace responses

5 to assist victims of domestic and sexual violence. The

6 clearinghouse and resource center shall provide informa7 tion and assistance to employers, labor organizations, and

8 advocates on behalf of victims of domestic or sexual vio9 lence, to aid in their efforts to develop and implement ap10 propriate responses to such violence in order to assist

11 those victims.

12 ‘‘(b) APPLICATIONS.—To be eligible to receive a

13 grant under this section, an entity or organization shall

14 submit an application to the Attorney General at such

15 time, in such manner, and containing such information as

16 the Attorney General may require, including—

17 ‘‘(1) information that demonstrates that the en18 tity or organization has nationally recognized exper19 tise in the area of domestic or sexual violence, and

20 a record of commitment to reducing domestic or sex21 ual violence;

22 ‘‘(2) a plan to maximize, to the extent prac23 ticable, outreach to employers (including private

24 companies and public entities such as public institu25 tions of higher education and State and local govern-
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1 ments), labor organizations, and advocates described

2 in subsection (a) concerning developing and imple3 menting appropriate workplace responses to assist

4 victims of domestic or sexual violence; and

5 ‘‘(3) a plan for developing materials and train6 ing for materials for employers that address the

7 needs of employees in cases of domestic violence,

8 dating violence, sexual assault, and stalking impact9 ing the workplace, including the needs of racial and

10 ethnic and other underserved communities.

11 ‘‘(c) USE OF GRANT AMOUNT.—

12 ‘‘(1) IN GENERAL.—An entity or organization

13 that receives a grant under this section may use the

14 funds made available through the grant for staff sal15 aries, travel expenses, equipment, printing, and

16 other reasonable expenses necessary to develop,

17 maintain, and disseminate to employers, labor orga18 nizations, and advocates described in subsection (a),

19 information and assistance concerning appropriate

20 workplace responses to assist victims of domestic or

21 sexual violence.

22 ‘‘(2) RESPONSES.—Responses referred to in

23 paragraph (1) may include—

24 ‘‘(A) providing training to promote a bet25 ter understanding of appropriate workplace as-
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1 sistance to victims of domestic or sexual vio2 lence;

3 ‘‘(B) providing conferences and other edu4 cational opportunities;

5 ‘‘(C) developing protocols and model work6 place policies;

7 ‘‘(D) providing employer-sponsored and

8 labor organization-sponsored victim assistance

9 and outreach counseling; and

10 ‘‘(E) conducting assessments of the work11 place costs of domestic or sexual violence.

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

13 is authorized to be appropriated to carry out this section

14 $1,000,000 for each of fiscal years 2006 through 2010.

15 ‘‘(e) AVAILABILITY OF GRANT FUNDS.—Funds ap16 propriated under this section shall remain available until

17 expended.’’.

18 TITLE VIII—PROTECTION OF

19 BATTERED AND TRAFFICKED

20 IMMIGRANTS

21 Subtitle A—Victims of Crime

22 SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VIC23 TIMS.

24 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC25 TIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the
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1 Immigration and Nationality Act (8 U.S.C.

2 1101(a)(15)(T)) is amended—

3 (1) in clause (i)—

4 (A) in the matter preceding subclause (I),

5 by striking ‘‘Attorney General’’ and inserting

6 ‘‘Secretary of Homeland Security’’;

7 (B) in subclause (III)(aa)—

8 (i) by inserting ‘‘Federal, State, or

9 local’’ before ‘‘investigation’’; and

10 (ii) by striking ‘‘, or’’ and inserting

11 ‘‘or crimes substantially connected to traf12 ficking; or’’; and

13 (C) in subclause (IV), by striking ‘‘and’’ at

14 the end;

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
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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; and’’; and

4 (3) by inserting after clause (ii) the following:

5 ‘‘(iii) if the Secretary of Homeland Security de6 termines that a trafficking victim, due to psycho7 logical or physical trauma, is unable to cooperate

8 with a request for assistance described in clause

9 (i)(III)(aa), the request is unreasonable.’’.

10 (b) TREATMENT OF SPOUSES AND CHILDREN OF

11 VICTIMS OF ABUSE.—Section 101(a)(15)(U) of the Immi12 gration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is

13 amended—

14 (1) in clause (i), by striking ‘‘Attorney General’’

15 and inserting ‘‘Secretary of Homeland Security’’;

16 (2) by amending clause (ii) to read as follows:

17 ‘‘(ii) if accompanying, or following to join, the

18 alien described in clause (i)—

19 ‘‘(I) in the case of an alien described in

20 clause (i) who is under 21 years of age, the

21 spouse, children, unmarried siblings under 18

22 years of age on the date on which such alien

23 applied for status under such clause, and par24 ents of such alien; and
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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; and’’; and

4 (3) in clause (iii), by inserting ‘‘child abuse;

5 stalking;’’ after ‘‘false imprisonment;’’.

6 (c) TECHNICAL AMENDMENTS.—Section 101(i) of

7 the Immigration and Nationality Act (8 U.S.C. 1101(i))

8 is amended—

9 (1) in paragraph (1), by striking ‘‘Attorney

10 General’’ and inserting ‘‘Secretary of Homeland Se11 curity, the Attorney General,’’; and

12 (2) in paragraph (2), by striking ‘‘Attorney

13 General’’ and inserting ‘‘Secretary of Homeland Se14 curity’’.

15 SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF

16 TRAFFICKING IN PERSONS.

17 (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the

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

19 1182(a)(9)(B)(iii)) is amended by adding at the end the

20 following:

21 ‘‘(V) VICTIMS OF A SEVERE FORM OF

22 TRAFFICKING IN PERSONS.—Clause (i) shall not

23 apply to an alien who demonstrates that there

24 was a substantial connection between the alien

25 being a victim of a severe form of trafficking
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1 (as that term is defined in section 103 of the

2 Trafficking Victims Protection Act of 2000 (22

3 U.S.C. 7102)) and the alien’s unlawful presence

4 in the United States.’’.

5 (b) TECHNICAL AMENDMENT.—Paragraphs (13) and

6 (14) of section 212(d) of the Immigration and Nationality

7 Act (8 U.S.C. 1182(d)) are amended by striking ‘‘Attor8 ney General’’ each place it appears and inserting ‘‘Sec9 retary of Homeland Security’’.

10 SEC. 803. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF11 FICKING.

12 Section 245(l) of the Immigration and Nationality

13 Act (8 U.S.C. 1255(l)) is amended—

14 (1) in paragraph (1)—

15 (A) by striking ‘‘Attorney General’’ each

16 place it appears and inserting ‘‘Secretary of

17 Homeland Security’’; and

18 (B) in subparagraph (A), by striking ‘‘3

19 years’’ and inserting ‘‘2 year’’;

20 (2) in paragraph (2), by striking ‘‘Attorney

21 General’’ each place it appears and inserting ‘‘Sec22 retary of Homeland Security’’; and

23 (3) in paragraph (5), by striking ‘‘Attorney

24 General’’ and inserting ‘‘Secretary of Homeland Se25 curity’’.
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1 SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF

2 TRAFFICKING.

3 (a) CLARIFICATION OF DEPARTMENT OF JUSTICE

4 AND DEPARTMENT OF HOMELAND SECURITY ROLES.—

5 (1) TRAFFICKING VICTIMS.—Section 107 of the

6 Trafficking Victims Protection Act of 2000 (22

7 U.S.C. 7105) is amended—

8 (A) in subsections (b)(1)(E), (e)(5), and

9 (g), by striking ‘‘Attorney General’’ each place

10 it appears and inserting ‘‘Secretary of Home11 land Security’’; and

12 (B) in subsection (c), by inserting ‘‘, the

13 Secretary of Homeland Security’’ after ‘‘Attor14 ney General’’.

15 (2) NONIMMIGRANT ALIENS.—Section 101 of

16 the Immigration and Nationality Act (8 U.S.C.

17 1101) is amended—

18 (A) in subsection (a)(15)(T), by striking

19 ‘‘Attorney General’’ each place it appears and

20 inserting ‘‘Secretary of Homeland Security; and

21 (B) in subsection (i)—

22 (i) in paragraph (1), by striking ‘‘At23 torney General’’ and inserting ‘‘Secretary

24 of Homeland Security, the Attorney Gen25 eral,’’; and
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1 (ii) in paragraph (2), by striking ‘‘At2 torney General’’ and inserting ‘‘Secretary

3 of Homeland Security’’.

4 (3) INADMISSIBLE ALIENS.—Section 212(d)(13)

5 of the Immigration and Nationality Act (8 U.S.C.

6 1182(d)(13)) is amended—

7 (A) in subparagraph (A), by striking ‘‘At8 torney General’’ and inserting ‘‘Secretary of

9 Homeland Security’’;

10 (B) in subparagraph (B)—

11 (i) by striking ‘‘Attorney General’’

12 each place it appears and inserting ‘‘Sec13 retary of Homeland Security’’; and

14 (ii) by striking ‘‘, in the Attorney

15 General’s discretion,’’.

16 (4) ADJUSTMENT OF STATUS FOR VICTIMS OF

17 TRAFFICKING.—Section 245(l) of the Immigration

18 and Nationality Act (8 U.S.C. 1255(l)) is

19 amended—

20 (A) in paragraphs (1), (2), and (4), by

21 striking ‘‘Attorney General’’ the first place it

22 appears in each such paragraph and inserting

23 ‘‘Secretary of Homeland Security’’;

24 (B) in paragraphs (1) and (2), by striking

25 ‘‘Attorney General’’ the second place it appears
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1 in each such paragraph and inserting ‘‘Sec2 retary’’; and

3 (C) in paragraph (2), by striking ‘‘, in the

4 Attorney General’s discretion,’’.

5 (b) CERTIFICATION PROCESS.—Section 107(b)(1)(E)

6 of the Trafficking Victims Protection Act of 2000 (22

7 U.S.C. 7105(b)(1)(E)) is amended—

8 (1) in clause (i)—

9 (A) in the matter preceding subclause (I),

10 by inserting ‘‘or the Secretary of Homeland Se11 curity, as appropriate’’ after ‘‘Attorney Gen12 eral’’; and

13 (B) in subclause (II)(bb), by inserting ‘‘or

14 the Secretary of Homeland Security’’ after ‘‘At15 torney General’’.

16 (2) in clause (ii), by striking ‘‘Attorney Gen17 eral’’ and inserting ‘‘Secretary of Homeland Secu18 rity’’;

19 (3) in clause (iii)—

20 (A) in subclause (II), by striking ‘‘and’’ at

21 the end;

22 (B) in subclause (III), by striking the pe23 riod at the end and inserting ‘‘; or’’; and

24 (C) by adding at the end the following:
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1 ‘‘(IV) responding to and cooper2 ating with requests for evidence and

3 information.’’.

4 (b) TRAFFICKING VICTIM REGULATIONS.—Section

5 107(c) of the Trafficking Victims Protection Act of 2000

6 (22 U.S.C. 7105(c)) is amended—

7 (1) in the matter preceding paragraph (1), by

8 inserting ‘‘, the Secretary of Homeland Security,’’

9 after ‘‘Attorney General’’; and

10 (2) in paragraph (3)—

11 (A) by striking ‘‘Federal law enforcement

12 officials’’ and inserting ‘‘The Department of

13 Homeland Security’’; and

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

15 ‘‘State or local law enforcement officials may

16 petition the Department of Homeland Security

17 for the continued presence for trafficking vic18 tims. If such a petition contains a certification

19 that a trafficking victim is a victim of a severe

20 form of trafficking, the presence of the traf21 ficking victim may be permitted in accordance

22 with this paragraph.’’.

23 (c) PROTECTION FROM REMOVAL FOR CERTAIN

24 CRIME VICTIMS.—Section 107(e)(5) of the Trafficking

25 Victims Protection Act of 2000 (22 U.S.C. 7105(e)(5))
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1 is amended by striking ‘‘Attorney General’’ each place it

2 occurs and inserting ‘‘Secretary of Homeland Security’’.

3 (d) ANNUAL REPORT.—Section 107(g) of the Traf4 ficking Victims Protection Act of 2000 (22 U.S.C.

5 7105(g)) is amended by inserting ‘‘or the Secretary of

6 Homeland Security’’ after ‘‘Attorney General’’.

7 SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.

8 (a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of

9 the Immigration and Nationality Act (8 U.S.C.

10 1154(a)(1)(D)) is amended—

11 (1) in clause (i)—

12 (A) in subclause (I), by inserting ‘‘or sec13 tion 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’

14 each place it appears; and

15 (B) in subclause (III), by striking ‘‘a peti16 tioner for preference status under paragraph

17 (1), (2), or (3) of section 203(a), whichever

18 paragraph is applicable,’’ and inserting ‘‘a

19 VAWA self-petitioner’’; and

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

21 ‘‘(iv) Any alien who benefits from this subparagraph

22 may adjust status in accordance with subsections (a) and

23 (c) of section 245 as an alien having an approved petition

24 for classification under subparagraph (A)(iii), (A)(iv),

25 (B)(ii), or (B)(iii).’’.
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1 (b) APPLICATION OF CSPA PROTECTIONS.—

2 (1) IMMEDIATE RELATIVE RULES.—Section

3 201(f) of the Immigration and Nationality Act (8

4 U.S.C. 1151(f)) is amended by adding at the end

5 the following:

6 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para7 graphs (1) through (3) shall apply to self-petitioners

8 and derivatives of self-petitioners.’’.

9 (2) CHILDREN RULES.—Section 203(h) of the

10 Immigration and Nationality Act (8 U.S.C. 1153(h))

11 is amended by adding at the end the following:

12 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para13 graphs (1) through (3) shall apply to self-petitioners

14 and derivatives of self-petitioners.’’.

15 (c) LATE PETITION PERMITTED FOR IMMIGRANT

16 SONS AND DAUGHTERS BATTERED AS CHILDREN.—

17 (1) IN GENERAL.—Section 204(a)(1)(D) of the

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

19 1154(a)(1)(D)), as amended by subsection (a), is

20 further amended by adding at the end the following:

21 ‘‘(v) For purposes of this paragraph, an individual

22 who is not less than 21 years of age, who qualified to file

23 a petition under subparagraph (A)(iv) as of the day before

24 the date on which the individual attained 21 years of age,

25 and who did not file such a petition before such day, shall
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1 be treated as having filed a petition under such subpara2 graph as of such day if a petition is filed for the status

3 described in such subparagraph before the individual at4 tains 25 years of age and the individual shows a connec5 tion between the abuse and the filing delay. Clauses (i)

6 through (iv) of this subparagraph shall apply to an indi7 vidual described in this clause in the same manner as an

8 individual filing a petition under subparagraph (A)(iv).’’.

9 (d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY

10 REQUIREMENT FOR BATTERED ADOPTED CHILDREN.—

11 Section 101(b)(1)(E)(i) of the Immigration and Nation12 ality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by in13 serting before the colon the following: ‘‘or if the child has

14 been battered or subject to extreme cruelty by the adopt15 ing parent or by a family member of the adopting parent

16 residing in the same household’’.

17 Subtitle B—VAWA Self-Petitioners

18 SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.

19 Section 101(a) of the Immigration and Nationality

20 Act (8 U.S.C. 1101(a)) is amended by adding at the end

21 the following:

22 ‘‘(51) The term ‘VAWA self-petitioner’ means

23 an alien, or a child of the alien, who qualifies for re24 lief under—
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1 ‘‘(A) clause (iii), (iv), or (vii) of section

2 204(a)(1)(A);

3 ‘‘(B) clause (ii) or (iii) of section

4 204(a)(1)(B);

5 ‘‘(C) section 216(c)(4)(C);

6 ‘‘(D) the first section of Public Law 89–

7 732 (8 U.S.C. 1255 note) (commonly known as

8 the Cuban Adjustment Act) as a child or spouse

9 who has been battered or subjected to extreme

10 cruelty;

11 ‘‘(E) section 902(d)(1)(B) of the Haitian

12 Refugee Immigration Fairness Act of 1998 (8

13 U.S.C. 1255 note);

14 ‘‘(F) section 202(d)(1) of the Nicaraguan

15 Adjustment and Central American Relief Act;

16 or

17 ‘‘(G) section 309 of the Illegal Immigra18 tion Reform and Immigrant Responsibility Act

19 of 1996 (division C of Public Law 104–208).’’.

20 SEC. 812. APPLICATION TO FIANCEES WHO DO NOT MARRY

21 WITHIN 90-DAY PERIOD.

22 (a) IN GENERAL.—Section 214(d) of the Immigra23 tion and Nationality Act (8 U.S.C. 1184(d)) is amended

24 by inserting before the period at the end the following:

25 ‘‘, unless the alien is eligible for status as a VAWA self-
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1 petitioner, for relief under section 240A(b)(2), or for relief

2 under section 244(a)(3) (as in effect prior to March 31,

3 1997), and the alien married the United States citizen

4 who filed the petition under section 101(a)(15)(K)(i)’’.

5 (b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN

6 WHO ENTERED THE UNITED STATES ON FINANCE VISAS

7 FROM CONDITIONAL RESIDENCY STATUS REQUIRE8 MENT.—Section 245(d) of the Immigration and Nation9 ality Act (8 U.S.C. 1255(d)) is amended—

10 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

11 (2) by adding at the end the following:

12 ‘‘(2) The failure of a nonimmigrant described in sec13 tion 101(a)(15)(K) to marry within 3 months of being ad14 mitted in such status does not restrict the Secretary of

15 Homeland Security’s or the Attorney General’s authority

16 to adjust the status of the nonimmigrant, or grant relief

17 under section 240A(b)(2), or under section 244(a)(3) (as

18 in effect prior to March 31, 1997), provided that—

19 ‘‘(A) the alien married the United States citizen

20 who filed the petition under section

21 101(a)(15)(K)(i);

22 ‘‘(B) the United States citizen petitioner sub23 jected a VAWA self-petitioner to battery or extreme

24 cruelty; and
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1 ‘‘(C) the alien shows a substantial connection

2 between the battery or extreme cruelty and the fail3 ure to marry within the 90-day period.’’.

4 SEC. 813. APPLICATION IN CASE OF VOLUNTARY DEPAR5 TURE.

6 Section 240B(d) of the Immigration and Nationality

7 Act (8 U.S.C. 1229c(d)) is amended to read as follows:

8 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.—

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

10 if an alien is permitted to depart voluntarily under

11 this section and voluntarily fails to depart the

12 United States within the time period specified, the

13 alien—

14 ‘‘(A) shall be subject to a civil penalty of

15 not less than $1,000 and not more than

16 $5,000; and

17 ‘‘(B) shall be ineligible, for a period of 10

18 years, to receive any further relief under this

19 section and sections 240A, 245, 248, and 249.

20 ‘‘(2) APPLICATION OF VAWA PROTECTIONS.—

21 The restrictions on relief under paragraph (1) shall

22 not apply to relief under section 240A or 245 on the

23 basis of a petition filed by a VAWA self-petitioner,

24 or a petition filed under section 240A(b)(2), or

25 under section 244(a)(3) (as in effect prior to March
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1 31, 1997), if the extreme cruelty or battering is sub2 stantially connected to the alien’s overstaying the

3 grant of voluntary departure.

4 ‘‘(3) NOTICE OF PENALTIES.—The order per5 mitting an alien to depart voluntarily shall inform

6 the alien of the penalties under this subsection.’’.

7 SEC. 814. REMOVAL PROCEEDINGS.

8 (a) EXCEPTIONAL CIRCUMSTANCES.—

9 (1) IN GENERAL.—Section 240(e)(1) of the Im10 migration and Nationality Act (8 U.S.C.

11 1229a(e)(1)) is amended by striking ‘‘serious illness

12 of the alien’’ and inserting ‘‘battery or extreme cru13 elty to the alien or any child or parent of the alien,

14 serious illness of the alien,’’.

15 (2) EFFECTIVE DATE.—The amendment made

16 by paragraph (1) shall apply to a failure to appear

17 that occurs before, on, or after the date of the enact18 ment of this Act.

19 (b) DISCRETION TO CONSENT TO AN ALIEN’S RE20 APPLICATION FOR ADMISSION.—

21 (1) IN GENERAL.—The Secretary of Homeland

22 Security, the Attorney General, and the Secretary of

23 State shall continue to have discretion to consent to

24 an alien’s reapplication for admission after a pre25 vious order of removal, deportation, or exclusion.
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1 (2) SENSE OF CONGRESS.—It is the sense of

2 Congress that the officials described in paragraph

3 (1) should particularly consider exercising this au4 thority in cases under the Violence Against Women

5 Act of 1994, cases involving nonimmigrants de6 scribed in subparagraph (T) or (U) of section

7 101(a)(15) of the Immigration and Nationality Act

8 (8 U.S.C. 1101(a)(15)), and relief under section

9 240A(b)(2) or 244(a)(3) of such Act (as in effect on

10 March 31, 1997) pursuant to regulations under sec11 tion 212.2 of title 8, Code of Federal Regulations.

12 (c) CLARIFYING APPLICATION OF DOMESTIC VIO13 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE14 MOVAL.—

15 (1) IN GENERAL.—Section 240A(b) of the Im16 migration and Nationality Act (8 U.S.C. 1229b(b))

17 is amended—

18 (A) in paragraph (1)(C), by striking ‘‘(ex19 cept in a case described in section 237(a)(7)

20 where the Attorney General exercises discretion

21 to grant a waiver)’’ and inserting ‘‘, subject to

22 paragraph (5)’’;

23 (B) in paragraph (2)(A)(iv), by striking

24 ‘‘(except in a case described in section

25 237(a)(7) where the Attorney General exercises
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1 discretion to grant a waiver)’’ and inserting ‘‘,

2 subject to paragraph (5)’’; and

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

4 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

5 WAIVER AUTHORITY.—The authority provided under

6 section 237(a)(7) may apply under paragraphs

7 (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of re8 moval and adjustment of status proceeding.’’.

9 SEC. 815. ELIMINATING ABUSERS’ CONTROL OVER APPLI10 CATIONS FOR ADJUSTMENTS OF STATUS.

11 (a) APPLICATION OF VAWA DEPORTATION PROTEC12 TIONS TO ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN

13 ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION

14 FAIRNESS ACT.—Section 1506(c)(2) of the Violence

15 Against Women Act of 2000 (8 U.S.C. 1229a note; divi16 sion B of Public Law 106–386) is amended—

17 (1) in subparagraph (A)—

18 (A) by amending clause (i) to read as fol19 lows:

20 ‘‘(i) if the basis of the motion is to

21 apply for relief under—

22 ‘‘(I) clause (iii) or (iv) of section

23 204(a)(1)(A) of the Immigration and

24 Nationality Act (8 U.S.C.

25 1154(a)(1)(A));
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1 ‘‘(II) clause (ii) or (iii) of section

2 204(a)(1)(B) of such Act (8 U.S.C.

3 1154(a)(1)(B));

4 ‘‘(III) section 244(a)(3) of such

5 Act (8 U.S.C. 8 U.S.C. 1254(a)(3));

6 ‘‘(IV) the first section of Public

7 Law 89–732 (8 U.S.C. 1255 note)

8 (commonly known as the Cuban Ad9 justment Act) as a child or spouse

10 who has been battered or subjected to

11 extreme cruelty; or

12 ‘‘(V) section 902(d)(1)(B) of the

13 Haitian Refugee Immigration Fair14 ness Act of 1998 (8 U.S.C. 1255

15 note); and’’; and

16 (B) in clause (ii), by inserting ‘‘or adjust17 ment of status’’ after ‘‘suspension of deporta18 tion’’; and

19 (2) in subparagraph (B)(ii), by striking ‘‘for re20 lief’’ and all that follows through ‘‘1101 note))’’ and

21 inserting ‘‘for relief described in subparagraph

22 (A)(i)’’.

23 (b) EMPLOYMENT AUTHORIZATION FOR VAWA

24 SELF-PETITIONERS.—Section 204(a)(1) of the Immigra-
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1 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend2 ed by adding at the end the following:

3 ‘‘(l) Upon the approval of a petition as a VAWA self4 petitioner, the alien—

5 ‘‘(i) is eligible for work authorization; and

6 ‘‘(ii) shall be provided an ‘employment author7 ized’ endorsement or appropriate work permit inci8 dental to such approval.’’.

9 SEC. 816. APPLICATION FOR VAWA-RELATED RELIEF.

10 (a) IN GENERAL.—Section 202(d)(1) of the Nica11 raguan Adjustment and Central American Relief Act (8

12 U.S.C. 1255 note; Public Law 105–100) is amended—

13 (1) in subparagraph (B)(ii), by inserting ‘‘, or

14 was eligible for adjustment,’’ after ‘‘whose status is

15 adjusted’’; and

16 (2) in subparagraph (E), by inserting ‘‘, or, in

17 the case of an alien who qualifies under subpara18 graph (B)(ii), applies for such adjustment during

19 the 18-month period beginning on the date of enact20 ment of the Violence Against Women Act of 2005’’

21 after ‘‘April 1, 2000’’.

22 (b) TECHNICAL AMENDMENT.—Section 202(d)(3) of

23 such Act (8 U.S.C. 1255 note; Public Law 105–100) is

24 amended by striking ‘‘204(a)(1)(H)’’ and inserting

25 ‘‘204(a)(1)(J)’’.
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1 (c) EFFECTIVE DATE.—The amendment made by

2 subsection (b) shall take effect as if included in the enact3 ment of the Violence Against Women Act of 2000 (division

4 B of Public Law 106–386; 114 Stat. 1491).

5 SEC. 817. SELF-PETITIONING PARENTS.

6 Section 204(a)(1)(A) of the Immigration and Nation7 ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding

8 at the end the following:

9 ‘‘(vii) An alien may file a petition with the Secretary

10 of Homeland Security under this subparagraph for classi11 fication of the alien under section 201(b)(2)(A)(i) if the

12 alien—

13 ‘‘(I) is the parent of a citizen of the United

14 States or was a parent of a citizen of the United

15 States who, within the past 2 years, lost or re16 nounced citizenship status related to an incident of

17 domestic violence or died;

18 ‘‘(II) is a person of good moral character;

19 ‘‘(III) is eligible to be classified as an imme20 diate relative under section 201(b)(2)(A)(i);

21 ‘‘(IV) resides, or has resided, with the citizen

22 daughter or son; and

23 ‘‘(V) demonstrates that the alien has been bat24 tered or subject to extreme cruelty by the citizen

25 daughter or son.’’.
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1 SEC. 818. VAWA CONFIDENTIALITY NON-DISCLOSURE.

2 Section 384 of the Illegal Immigration Reform and

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a))

4 is amended—

5 (1) in subsection (a)—

6 (A) in the matter preceding paragraph (1),

7 by striking ‘‘(including any bureau or agency of

8 such Department)’’ and inserting ‘‘, the Sec9 retary of Homeland Security, the Secretary of

10 State, or any other official or employee of the

11 Department of Homeland Security or Depart12 ment of State (including any bureau or agency

13 of either of such Departments)’’; and

14 (B) in paragraph (1)—

15 (i) in subparagraph (D), by striking

16 ‘‘or’’ at the end;

17 (ii) in subparagraph (E), by adding

18 ‘‘or’’ at the end; and

19 (iii) by inserting after subparagraph

20 (E) the following:

21 ‘‘(F) in the case of an alien applying for

22 status under section 101(a)(15)(T) of the Im23 migration and Nationality Act (8 U.S.C.

24 1101(a)(15)(T)), under section

25 107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic26 tims Protection Act of 2000 (22 U.S.C. 7105),
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1 under section 244(a)(3) of the Immigration and

2 Nationality Act (8 U.S.C. 1254a(a)(3)), as in

3 effect prior to March 31, 1999, or as a VAWA

4 self-petitioner (as defined in section 101(a)(51)

5 of the Immigration and Nationality Act (8

6 U.S.C. 1101(a)(51)), the trafficker or perpe7 trator,’’.

8 (2) in subsection (b)(2), by inserting ‘‘or his

9 other designee’’ after ‘‘the discretion of the Attorney

10 General.’’.

11 Subtitle C—Miscellaneous

12 Amendments

13 SEC. 821. DURATION OF T AND U VISAS.

14 (a) T VISAS.—Section 214(o) of the Immigration and

15 Nationality Act (8 U.S.C. 1184(o)) is amended by adding

16 at the end the following:

17 ‘‘(7)(A) Except as provided in subparagraph (B), an

18 alien who is issued a visa or otherwise provided non19 immigrant status under section 101(a)(15)(T) may be

20 granted such status for a period of not more than 4 years.

21 ‘‘(B) An alien who is issued a visa or otherwise pro22 vided nonimmigrant status under section 101(a)(15)(T)

23 may extend the period of such status beyond the period

24 described in subparagraph (A) if a Federal, State, or local

25 law enforcement official, prosecutor, judge, or other au-
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1 thority investigating or prosecuting activity relating to

2 human trafficking or certifies that the presence of the

3 alien in the United States is necessary to assist in the

4 investigation or prosecution of such activity.’’.

5 (b) U VISAS.—Section 214(p) of the Immigration

6 and Nationality Act (8 U.S.C. 1184(p)) is amended by

7 adding at the end the following:

8 ‘‘(6) DURATION OF STATUS.—The authorized

9 period of status of an alien as a nonimmigrant

10 under section 101(a)(15)(U) shall be 4 years, but

11 shall be extended upon certification from a Federal,

12 State, or local law enforcement official, prosecutor,

13 judge, or other Federal, State, or local authority in14 vestigating or prosecuting criminal activity described

15 in section 101(a)(15)(U)(iii) that the alien’s pres16 ence in the United States is required to assist in the

17 investigation or prosecution of such criminal activ18 ity.’’.

19 (c) PERMITTING CHANGE OF NONIMMIGRANT STA20 TUS TO T AND U NONIMMIGRANT STATUS.—

21 (1) IN GENERAL.—Section 248 of the Immigra22 tion and Nationality Act (8 U.S.C. 1258) is

23 amended—
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1 (A) by striking ‘‘The Attorney General’’

2 and inserting ‘‘(a) The Secretary of Homeland

3 Security’’;

4 (B) by inserting ‘‘(subject to subsection

5 (b))’’ after ‘‘except’’; and

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

7 ‘‘(b) The exceptions specified in paragraphs (1)

8 through (4) of subsection (a) shall not apply to a change

9 of nonimmigrant classification to that of a nonimmigrant

10 under subparagraph (T) or (U) of section 101(a)(15).’’.

11 (2) CONFORMING AMENDMENT.—Section

12 214(l)(2)(A) of the Immigration and Nationality Act

13 (8 U.S.C. 1184(l)(2)(A)) is amended by striking

14 ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’.

15 SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN AP16 PLICATION OF SPECIAL PHYSICAL PRESENCE

17 AND GOOD MORAL CHARACTER RULES.

18 (a) PHYSICAL PRESENCE RULES.—Section

19 240A(b)(2)(B) of the Immigration and Nationality Act (8

20 U.S.C. 1229b(b)(2)(B)) is amended—

21 (1) in the first sentence, by striking

22 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and

23 (2) in the fourth sentence, by striking ‘‘sub24 section (b)(2)(B) of this section’’ and inserting ‘‘this

25 subparagraph, subparagraph (A)(ii),’’.
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1 (b) MORAL CHARACTER RULES.—Section

2 240A(b)(2)(C) of the Immigration and Nationality Act (8

3 U.S.C. 1229b(b)(2)(C)) is amended by striking

4 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’.

5 (c) CORRECTION OF CROSS-REFERENCE ERROR IN

6 APPLYING GOOD MORAL CHARACTER.—

7 (1) IN GENERAL.—Section 101(f)(3) of the Im8 migration and Nationality Act (8 U.S.C. 1101(f)(3))

9 is amended by striking ‘‘(9)(A)’’ and inserting

10 ‘‘(10)(A)’’.

11 (2) EFFECTIVE DATE.—The amendment made

12 by paragraph (1) shall be effective as if included in

13 section 603(a)(1) of the Immigration Act of 1990

14 (Public Law 101–649; 104 Stat. 5082).

15 SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER

16 SPOUSES UNDER CUBAN ADJUSTMENT.

17 (a) IN GENERAL.—The first section of Public Law

18 89–732 (8 U.S.C. 1255 note) (commonly known as the

19 Cuban Adjustment Act) is amended—

20 (1) in the last sentence, by striking

21 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and

22 (2) by adding at the end the following: ‘‘An

23 alien who was the spouse of any Cuban alien de24 scribed in this section and has resided with such

25 spouse shall continue to be treated as such a spouse
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1 for 2 years after the date on which the Cuban alien

2 dies (or, if later, 2 years after the date of enactment

3 of Violence Against Women Act of 2005), or for 2

4 years after the date of termination of the marriage

5 (or, if later, 2 years after the date of enactment of

6 Violence Against Women Act of 2005) if there is

7 demonstrated a connection between the termination

8 of the marriage and the battering or extreme cruelty

9 by the Cuban alien.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a)(1) shall take effect as if included in the en12 actment of the Violence Against Women Act of 2000 (divi13 sion B of Public Law 106–386; 114 Stat. 1491).

14 SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLI15 CANTS.

16 (a) IN GENERAL.—Section 902(d)(1)(B) of the Hai17 tian Refugee Immigration Fairness Act of 1998 (8 U.S.C.

18 1255 note) is amended—

19 (1) in clause (i), by striking ‘‘whose status is

20 adjusted to that of an alien lawfully admitted for

21 permanent residence’’ and inserting ‘‘who is or was

22 eligible for classification’’;

23 (2) in clause (ii), by striking ‘‘whose status is

24 adjusted to that of an alien lawfully admitted for
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1 permanent residence’’ and inserting ‘‘who is or was

2 eligible for classification’’; and

3 (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’

4 and inserting ‘‘204(a)(1)(J)’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a)(3) shall take effect as if included in the en7 actment of the Violence Against Women Act of 2000 (divi8 sion B of Public Law 106–386; 114 Stat. 1491).

9 SEC. 825. DEPORTATION PROCEEDINGS.

10 (a) DEPORTATION OR REMOVAL PROCEEDINGS.—

11 (1) IN GENERAL.—Section 240(c)(6)(C) of the

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

13 1229a(c)(6)(C)) is amended—

14 (A) in clause (iv), by striking ‘‘The dead15 line specified in subsection (b)(5)(C) for filing

16 a motion to reopen does not apply—’’ and in17 serting ‘‘No limitation on number of motions or

18 on deadlines for filing motions under other pro19 visions of this section shall apply—’’; and

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

21 ‘‘(v) STAY OF REMOVAL.—The filing

22 of the motion described in clause (iv) shall

23 stay the removal of the alien pending a

24 final disposition of the motion, including

25 the exhaustion of all appeals. Only 1 spe-
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1 cial motion under clause (iv) is per2 mitted.’’.

3 (2) EFFECTIVE DATE.—The amendments made

4 by paragraph (1) shall take effect as if included in

5 the enactment of section 442(a) of the Antiterrorism

6 and Effective Death Penalty Act of 1996 (Public

7 Law 104–132; 110 Stat. 1279).

8 (b) MOTIONS TO REOPEN DEPORTATION PRO9 CEEDINGS.—Section 1506(c)(2)(A) of the Violence

10 Against Women Act of 2000 (division B of Public Law

11 106–386; 8 U.S.C. 1229a note) is amended—

12 (1) by inserting ‘‘on number of motions or

13 deadlines for filing motions’’ after ‘‘Notwithstanding

14 any limitation’’;

15 (2) by inserting ‘‘, deadline, or limit on number

16 of motions’’ after ‘‘there is no time limit’’; and

17 (3) by striking ‘‘, and the’’ and inserting ‘‘. The

18 filing of a motion described in clauses (i) and (ii)

19 shall stay the removal of the aliens pending a final

20 disposition of the motion, including the exhaustion

21 of all appeals. Only 1 motion under clauses (i) and

22 (ii) is permitted. The’’.

23 (c) CONFORMING AMENDMENTS.—Section 212(a) of

24 the Immigration and Nationality Act (8 U.S.C. 1182(a))

25 is amended—
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1 (1) in paragraph (6)(A)(ii)(III), by striking

2 ‘‘substantial’’; and

3 (2) in paragraph (9)(B)(iii)(IV), by striking

4 ‘‘who would be described in paragraph (6)(A)(ii)’’

5 and inserting ‘‘who demonstrates that the alien is

6 described in subclauses (I) and (II) of paragraph

7 (b)(A)(ii)’’.

8 SEC. 826. PROTECTING ABUSED JUVENILES.

9 Section 287 of the Immigration and Nationality Act

10 (8 U.S.C. 1357), as amended by section 726, is further

11 amended by adding at the end the following—

12 ‘‘(i) An alien described in section 101(a)(27)(J) of

13 the Immigration and Nationality Act who has been bat14 tered, abused, neglected, or abandoned, shall not be com15 pelled to contact the alleged abuser (or family member of

16 the alleged abuser) at any stage of applying for special

17 immigrant juvenile status, including after a request for

18 the consent of the Secretary of Homeland Security under

19 section 101(a)(27)(J)(iii)(I) of such Act.’’.

20 SEC. 827. EXCEPTION FOR THE PROTECTION OF DOMESTIC

21 VIOLENCE AND CRIME VICTIMS.

22 (a) Section 202 of the Real ID Act of 2005 (49

23 U.S.C. 30301 note; 119 Stat. 312) is amended by adding

24 at the end the following:
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1 ‘‘(e) EXCEPTION FOR THE PROTECTION OF VICTIMS

2 OF DOMESTIC VIOLENCE AND CRIME.—

3 ‘‘(1) ALTERNATIVE VALID ADDRESS AUTHOR4 IZED FOR VICTIM PROTECTION AND CONFIDEN5 TIALITY.—Victims who have been subjected to bat6 tery, extreme cruelty, domestic violence, dating vio7 lence, sexual assault or stalking may be exempt from

8 the requirements of section 202(b)(6) and permitted

9 to use an alternate address on their driver’s license

10 or identification card if the applicant—

11 ‘‘(A) is enrolled in a State address con12 fidentiality program;

13 ‘‘(B) has been permitted by a Federal,

14 State, tribal, territorial, or local court (as de15 fined in section 2266 of title 18, United States

16 Code) to keep the applicant’s address or loca17 tion confidential as part of a protection order

18 (as defined in such section 2266) or other in19 junctive relief to protect the applicant from do20 mestic violence, dating violence, sexual assault,

21 or stalking;

22 ‘‘(C) is determined by the Center for Secu23 rity and Integrity of the Social Security Admin24 istration, which is responsible for requests for

25 changes of information in social security ac-
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1 counts as of May 1, 2005, to have been a victim

2 of battery, extreme cruelty, domestic violence,

3 dating violence, sexual assault or stalking under

4 section 422.110 of title 20, Code of Federal

5 Regulations; or

6 ‘‘(D) has received a prima facie determina7 tion or an approved petition as a VAWA self8 petitioner (as defined in section 101(a)(51) of

9 the Immigration and Nationality Act);

10 ‘‘(E) has received a bona fide determina11 tion or an approved application under subpara12 graph (T) of section 101(a)(15);

13 ‘‘(F) has received interim relief or an ap14 proved application under subparagraph (U) of

15 section 101(a)(15);

16 ‘‘(G) has received continued presence or

17 certification under section 107 of the Victims of

18 Trafficking and Violence Protection Act of

19 2000 (22 U.S.C. 7105);

20 ‘‘(H) meets the requirements of section

21 240A(b)(2) of the Immigration and Nationality

22 Act; or

23 ‘‘(I) qualifies for relief under section

24 244(a)(3) of such Act (as in effect on March

25 31, 1997).
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1 ‘‘(2) ALTERNATIVE ADDRESS.—To meet the re2 quirements of this section, a State may issue drivers’

3 licenses by—

4 ‘‘(A) accepting any documentation from

5 the entities described in paragraph (1) that dis6 tinguishes the alternative address as a sub7 stitute to the principal residential address;

8 ‘‘(B) printing the alternative address on

9 the applicant’s driver’s license or identification

10 card; and

11 ‘‘(C) entering the alternative address into

12 the state’s driver license database.

13 ‘‘(3) FILING AND APPROVAL OF APPLICA14 TIONS.—

15 ‘‘(A) FILING.—Victims shall file applica16 tions requesting permission to use an alter17 native address with the Center for Security and

18 Integrity of the Social Security Administration.

19 ‘‘(B) APPROVAL.—The Social Security Ad20 ministration shall issue an approval notice con21 taining the alternative address authorized.

22 ‘‘(4) CONFIDENTIALITY OF INFORMATION.—

23 The Secretary of Health and Human Services and

24 any other official or employee of the Department of
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1 Health and Human Services, or administration or

2 bureau thereof, may not—

3 ‘‘(A) use the information furnished by the

4 applicant pursuant to an application for alter5 native address filed under this section for any

6 purpose other than to make a determination on

7 the application;

8 ‘‘(B) make any publication whereby the in9 formation furnished by any particular individual

10 can be identified; or

11 ‘‘(C) permit any person other than the

12 sworn officers and employees of the Depart13 ment or administration or bureau to access

14 such information.

15 ‘‘(5) DEFINITIONS.—For the purposes of this

16 section—

17 ‘‘(A) the term ‘State address confiden18 tiality program’ means any State-authorized or

19 State-administered program that—

20 ‘‘(i) allows victims of domestic vio21 lence, dating violence, sexual assault, stalk22 ing, or a severe form of trafficking to keep,

23 obtain and use alternative addresses; or
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1 ‘‘(ii) that provides confidential record2 keeping regarding the addresses of such

3 victims;

4 ‘‘(B) the term ‘battering or extreme cru5 elty’ has the meanings given the term in sec6 tions 204, 216, and 240 of the Immigration

7 and Nationality Act (8 U.S.C. 1154, 1186a,

8 and 1229a); and

9 ‘‘(C) the terms ‘domestic violence’, ‘dating

10 violence’, ‘sexual assault’, and ‘stalking’ have

11 the meanings given the terms in section 2008

12 of the Violence Against Women Act.’’.

13 SEC. 828. RULEMAKING.

14 Not later than 180 days after the date of enactment

15 of this Act, the Attorney General, the Secretary of Home16 land Security, and the Secretary of State shall promulgate

17 regulations to implement the provisions contained in the

18 Battered Immigrant Women Protection Act of 2000 (title

19 V of Public Law 106–386), this Act, and the amendments

20 made by this Act.

21 Subtitle D—International Marriage

22 Broker Regulation

23 SEC. 831. SHORT TITLE.

24 This subtitle may be cited as the ‘‘International Mar25 riage Broker Regulation Act of 2005’’.
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1 SEC. 832. DEFINITIONS.

2 In this subtitle:

3 (a) CRIME OF VIOLENCE.—The term ‘‘crime of vio4 lence’’ has the meaning given such term in section 16 of

5 title 18, United States Code.

6 (b) DOMESTIC VIOLENCE.—The term ‘‘domestic vio7 lence’’ means any crime of violence, or other act forming

8 the basis for a past or outstanding protective order, re9 straining order, no-contact order, conviction, arrest, or po10 lice report, committed against a person by—

11 (1) a current or former spouse of the person;

12 (2) an individual with whom the person shares

13 a child in common;

14 (3) an individual with whom the person is co15 habiting or has cohabited;

16 (4) an individual similarly situated to a spouse

17 of the person under the domestic or family violence

18 laws of the jurisdiction in which the offense occurs;

19 or

20 (5) any other individual if the person is pro21 tected from that individual’s acts pursuant to a

22 court order issued under the domestic or family vio23 lence laws of the United States or any State, Indian

24 tribal government, or unit of local government.

25 (c) FOREIGN NATIONAL CLIENT.—The term ‘‘foreign

26 national client’’ means an individual who is not a United
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1 States citizen, a national of the United States, or an alien

2 lawfully admitted to the United States for permanent resi3 dence and who utilizes the services of an international

4 marriage broker, and includes an alien residing in the

5 United States who is in the United States as a result of

6 utilizing the services of an international marriage broker.

7 (d) INTERNATIONAL MARRIAGE BROKER.—

8 (1) IN GENERAL.—The term ‘‘international

9 marriage broker’’ means a corporation, partnership,

10 business, individual, or other legal entity, whether or

11 not organized under any law of the United States,

12 that charges fees for providing dating, matrimonial,

13 matchmaking services, or social referrals between

14 United States clients and foreign national clients by

15 providing personal contact information or otherwise

16 facilitating communication between individuals from

17 these respective groups.

18 (2) EXCEPTIONS.—Such term does not

19 include—

20 (A) a traditional matchmaking organiza21 tion of a cultural or religious nature that oper22 ates on a nonprofit basis and in compliance

23 with the laws of the countries in which it oper24 ates, including the laws of the United States; or
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1 (B) an entity that provides dating services

2 between United States citizens or residents and

3 other individuals who may be aliens, but does

4 not do so as its principal business, and charges

5 comparable rates to all individuals it serves re6 gardless of the gender, country of citizenship,

7 or residence of the individual.

8 (e) K NONIMMIGRANT VISA.—The term ‘‘K non9 immigrant visa’’ means a nonimmigrant visa issued pursu10 ant to clause (i) or (ii) of section 101(a)(15)(K) of the

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

12 1101(a)(15)(K)).

13 (f) PERSONAL CONTACT INFORMATION.—

14 (1) IN GENERAL.—The term ‘‘personal contact

15 information’’ means information or a forum that

16 would permit individuals to contact each other and

17 includes—

18 (A) the name, telephone number, postal

19 address, electronic mail address, and voice mes20 sage mailbox of an individual; and

21 (B) the provision of an opportunity for an

22 in-person meeting.

23 (2) EXCEPTION.—Such term does not include a

24 photograph or general information about the back25 ground or interests of a person.
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1 (g) STATE.—The term ‘‘State’’ includes the District

2 of Columbia, Puerto Rico, the Virgin Islands, Guam, and

3 American Samoa.

4 (h) UNITED STATES CLIENT.—The term ‘‘United

5 States client’’ means a United States citizen or other indi6 vidual who resides in the United States and who makes

7 a payment or incurs a debt in order to utilize the services

8 of an international marriage broker.

9 SEC. 833. REGULATION OF INTERNATIONAL MARRIAGE

10 BROKERS.

11 (a) PROHIBITION ON MARKETING CHILDREN.—An

12 international marriage broker shall not provide any United

13 States client or other person with the personal contact in14 formation, photograph, or general information about the

15 background or interests of any individual under the age

16 of 18.

17 (b) LIMITATIONS ON SHARING INFORMATION RE18 GARDING FOREIGN NATIONAL CLIENTS.—

19 (1) IN GENERAL.—An international marriage

20 broker shall not provide any United States client or

21 other person with the personal contact information

22 of any foreign national client or other individual 18

23 years of age or older unless and until the inter24 national marriage broker has—
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1 (A) collected certain background informa2 tion from the United States client or other per3 son to whom the personal contact information

4 would be provided, as specified in subsection

5 (c);

6 (B) provided a copy of that background in7 formation to the foreign national client or other

8 individual in the primary language of that client

9 or individual;

10 (C) provided to the foreign national client

11 or other individual in such primary language

12 the information about legal rights and resources

13 available to immigrant victims of domestic vio14 lence and other crimes in the United States de15 veloped under section 834;

16 (D) received from the foreign national cli17 ent or other individual in such primary lan18 guage a written consent that is signed (includ19 ing using an electronic signature) to release

20 such personal contact information to the spe21 cific United States client or other person to

22 whom the personal contact information would

23 be provided; and

24 (E) informed the United States client or

25 other person from whom background informa-
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1 tion has been collected that, after filing a peti2 tion for a K nonimmigrant visa, the United

3 States client or other person will be subject to

4 a criminal background check.

5 (2) CONFIDENTIALITY AFTER ORDER OF PRO6 TECTION OR CRIME.—

7 (A) NONDISCLOSURE OF INFORMATION RE8 GARDING INDIVIDUALS WITH PROTECTION OR9 DERS AND VICTIMS OF CRIMES.—In fulfilling its

10 obligations under this subsection, an inter11 national marriage broker shall not disclose the

12 name or location of an individual who obtained

13 a restraining or protection order as described in

14 subsection (c)(2)(A), or of any other victim of

15 a crime as described in subparagraphs (B)

16 through (D) of subsection (c)(2).

17 (B) DISCLOSURE OF INFORMATION RE18 GARDING UNITED STATES CLIENTS.—An inter19 national marriage broker shall disclose the rela20 tionship of the United States client or other

21 person to an individual or victim described in

22 paragraph (A).

23 (c) OBLIGATIONS OF INTERNATIONAL MARRIAGE

24 BROKER WITH RESPECT TO MANDATORY COLLECTION

25 OF INFORMATION.—
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1 (1) IN GENERAL.—Each international marriage

2 broker shall collect the background information list3 ed in paragraph (2) from each United States client

4 or other person to whom the personal contact infor5 mation of a foreign national client or any other indi6 vidual would be provided. The background informa7 tion must be in writing and signed (including using

8 an electronic signature) by the United States client

9 or other person to whom the personal contact infor10 mation of a foreign national client or any other indi11 vidual would be provided.

12 (2) REQUIRED BACKGROUND INFORMATION.—

13 An international marriage broker shall collect from

14 a United States client or other person under para15 graph (1) background information about each of the

16 following:

17 (A) Any court order restricting the client’s

18 or person’s physical contact or communication

19 with or behavior towards another person, in20 cluding any temporary or permanent civil re21 straining order or protection order.

22 (B) Any arrest or conviction of the client

23 or person for homicide, murder, manslaughter,

24 assault, battery, domestic violence, rape, sexual

25 assault, abusive sexual contact, sexual exploi-
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1 tation, incest, child abuse or neglect, torture,

2 trafficking, peonage, holding hostage, involun3 tary servitude, slave trade, kidnapping, abduc4 tion, unlawful criminal restraint, false imprison5 ment, stalking, or any similar activity in viola6 tion of Federal, State or local criminal law.

7 (C) Any arrest or conviction of the client

8 or person for—

9 (i) solely or principally engaging in, or

10 facilitating, prostitution;

11 (ii) any direct or indirect attempts to

12 procure prostitutes or persons for the pur13 pose of prostitution; or

14 (iii) any receipt, in whole or in part,

15 of the proceeds of prostitution.

16 (D) Any arrest or conviction of the client

17 or person for offenses related to controlled sub18 stances or alcohol.

19 (E) Marital history of the client or person,

20 including—

21 (i) whether the client or individual is

22 currently married;

23 (ii) whether the client or person has

24 previously been married and how many

25 times;
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1 (iii) how previous marriages of the cli2 ent or person were terminated and the

3 date of termination; and

4 (iv) whether the client or person has

5 previously sponsored the immigration of an

6 alien to whom the client or person was en7 gaged or married.

8 (F) The ages of any children of the client

9 or person under the age of 18.

10 (G) All States in which the client or person

11 has resided since the age of 18.

12 (d) PENALTIES.—

13 (1) FEDERAL CIVIL PENALTY.—

14 (A) VIOLATION.—An international mar15 riage broker that violates subsection (a), (b), or

16 (c) is subject to a civil penalty of not less than

17 $20,000 for each such violation.

18 (B) PROCEDURES FOR IMPOSITION OF

19 PENALTY.—The Secretary of Homeland Secu20 rity may impose a penalty under paragraph (A)

21 only after notice and an opportunity for an

22 agency hearing on the record in accordance

23 with subchapter II of chapter 5 of title 5,

24 United States Code.
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1 (2) FEDERAL CRIMINAL PENALTY.—An inter2 national marriage broker that violates subsection

3 (a), (b), or (c) within the special maritime and terri4 torial jurisdiction of the United States shall be fined

5 in accordance with subchapter B of chapter 229 of

6 title 18, United States Code, or imprisoned for not

7 less than 1 year and not more than 5 years, or both.

8 (3) STATE ENFORCEMENT.—In any case in

9 which the Attorney General of a State has reason to

10 believe that an interest of the residents of that State

11 has been, or is threatened to be, adversely affected

12 by a violation of subsection (a), (b), or (c) by an

13 international marriage broker, the State, as parens

14 patriae, may bring a civil action on behalf of the

15 residents of the State in a district court of the

16 United States with appropriate jurisdiction to—

17 (A) enjoin that practice;

18 (B) enforce compliance with this section;

19 or

20 (C) obtain damages.

21 (4) ADDITIONAL REMEDIES.—The penalties and

22 remedies under this subsection are in addition to

23 any other penalties or remedies available under law.

24 (e) NONPREEMPTION.—Nothing in this section shall

25 preempt—
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1 (1) any State law that provides additional pro2 tections for aliens who are utilizing the services of

3 an international marriage broker or other inter4 national matchmaking organization; or

5 (2) any other or further right or remedy avail6 able under law to any party utilizing the services of

7 an international marriage broker or other inter8 national matchmaking organization.

9 (f) REPEAL OF MAIL-ORDER BRIDE PROVISION.—

10 Section 652 of the Illegal Immigration Reform and Immi11 grant Responsibility Act of 1996 (8 U.S.C. 1375) is here12 by repealed.

13 SEC. 834. INFORMATION ABOUT LEGAL RIGHTS AND RE14 SOURCES FOR IMMIGRANT VICTIMS OF DO15 MESTIC VIOLENCE.

16 (a) DEVELOPMENT OF INFORMATION PAMPHLET.—

17 (1) IN GENERAL.—The Secretary of Homeland

18 Security, in consultation with the Secretary of State,

19 shall develop an information pamphlet to ensure the

20 consistency and accuracy of information dissemi21 nated to—

22 (A) foreign national clients or other indi23 viduals by international marriage brokers pur24 suant to section 833(b)(1)(C); and
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1 (B) beneficiaries of petitions filed by

2 United States citizens for K nonimmigrant

3 visas.

4 (2) CONSULTATION WITH EXPERT ORGANIZA5 TIONS.—The Secretary of Homeland Security, in

6 consultation with the Secretary of State, shall de7 velop such information pamphlet by working in con8 sultation with non-profit, non-governmental immi9 grant victim advocacy organizations.

10 (b) CONTENTS OF INFORMATION PAMPHLET.—The

11 information pamphlet required under subsection (a) shall

12 include information on the following:

13 (1) The K nonimmigrant visa application proc14 ess and the marriage-based immigration process, in15 cluding conditional residence and adjustment of sta16 tus.

17 (2) The requirement that international mar18 riage brokers provide foreign national clients with

19 background information collected from United

20 States clients regarding their marital history and do21 mestic violence or other violent criminal history, but

22 that such information may not be complete or accu23 rate.

24 (3) The illegality of domestic violence, sexual

25 assault, and child abuse in the United States.
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1 (4) Information on the dynamics of domestic vi2 olence.

3 (5) Domestic violence and sexual assault serv4 ices in the United States, including the National Do5 mestic Violence Hotline, a project of the Texas

6 Council on Family Violence, a nonprofit organization

7 dedicated to fighting domestic violence, and the Na8 tional Sexual Assault Hotline, operated by the Rape,

9 Abuse and Incest National Network, and inde10 pendent anti-sexual assault organization.

11 (6) A description of immigration relief available

12 to an immigrant victim of domestic violence, sexual

13 assault, trafficking, and other crimes under the Vio14 lence Against Women Act, including the amend15 ments made by that Act, section 101(a)(15)(U) of

16 the Immigration and Nationality Act (8 U.S.C.

17 1101(a)(15)(U)), and section 101(a)(15)(T) of the

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

19 1101(a)(15)(T)).

20 (7) The legal rights of immigrant victims of

21 abuse and other crimes in immigration, criminal jus22 tice, family law, and other matters.

23 (8) The obligations of parents to provide child

24 support for children.
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1 (9) The illegality of and penalties for knowingly

2 entering into marriage for the purpose of evading

3 the immigration laws of the United States.

4 (c) TRANSLATION.—

5 (1) LANGUAGES.—In order to best serve the

6 language groups most recruited by international

7 marriage brokers and having the greatest concentra8 tion of K nonimmigrant visa applicants, the Sec9 retary of Homeland Security, in consultation with

10 the Secretary of State, shall translate the informa11 tion pamphlet developed under this section, subject

12 to paragraph (2), into the following languages:

13 (A) Arabic.

14 (B) Chinese.

15 (C) French.

16 (D) Hindi.

17 (E) Japanese.

18 (F) Korean.

19 (G) Polish.

20 (H) Portuguese.

21 (I) Russian.

22 (J) Spanish.

23 (K) Tagalog.

24 (L) Thai.

25 (M) Ukrainian.
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1 (N) Vietnamese.

2 (2) MODIFICATION OF LANGUAGE.—The Sec3 retary of Homeland Security may modify the trans4 lation requirements of paragraph (1) if the report

5 submitted under section 836(b) includes rec6 ommendations for such modification.

7 (d) AVAILABILITY AND DISTRIBUTION.—The infor8 mation pamphlet under this subsection shall be made

9 available and distributed as follows:

10 (1) INTERNATIONAL MARRIAGE BROKERS AND

11 VICTIM ADVOCACY ORGANIZATIONS.—The informa12 tion pamphlet shall be made available to each inter13 national marriage broker and to each governmental

14 or non-governmental victim advocacy organization.

15 (2) K NONIMMIGRANT VISA APPLICANTS.—

16 (A) MAILING WITH IMMIGRATION

17 FORMS.—The information pamphlet shall be

18 mailed by the National Visa Center, of the Sec19 retary of State, to each applicant for a K non20 immigrant visa at the same time that Form

21 DS–3032 is mailed to such applicant. The pam22 phlet so mailed shall be in the primary lan23 guage of the applicant, or in English if no

24 translation into the applicant’s primary lan25 guage is available.
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1 (B) POSTING ON NVC WEB SITE.—The

2 Secretary of State shall post the content of the

3 pamphlet on the web site of the National Visa

4 Center, as well as on the web sites of all con5 sular posts processing K nonimmigrant visa ap6 plications.

7 (C) CONSULAR INTERVIEWS.—The Sec8 retary of State shall require that the pamphlet

9 be distributed directly to such applicants at all

10 consular interviews for K nonimmigrant visas.

11 If no written translation into the applicant’s

12 primary language is available, the consular offi13 cer conducting the visa interview shall review

14 the pamphlet with the applicant orally in the

15 applicant’s primary language, in addition to dis16 tributing the pamphlet to the applicant in

17 English.

18 SEC. 835. CHANGES IN PROCESSING K NONIMMIGRANT

19 VISAS; CONSULAR CONFIDENTIALITY.

20 (a) K NONIMMIGRANT VISA PROCESSING.—Section

21 214(d) of the Immigration and Nationality Act (8 U.S.C.

22 1184(d)) is amended—

23 (1) by striking ‘‘Attorney General’’ and insert24 ing ‘‘Secretary of Homeland Security’’ each place it

25 appears;
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1 (2) by inserting ‘‘(1)’’ before ‘‘A visa’’; and

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

3 ‘‘(2) A United States citizen may not file a petition

4 under paragraph (1) if such a petition filed by that peti5 tioner for another alien fiance ́e or fiance ́ is pending or has

6 been approved and is still valid.

7 ‘‘(3) The Secretary of Homeland Security shall pro8 vide to the Secretary of State the criminal background in9 formation on a petitioner for a visa under clause (i) or

10 (ii) of section 101(a)(15)(K) to which it has access under

11 existing authority in the course of adjudicating the peti12 tion.

13 ‘‘(4) Each petitioner for a visa under clause (i) or

14 (ii) of section 101(a)(15)(K) shall provide, as part of the

15 petition, in writing and signed under penalty of perjury,

16 information described in section 833(c)(2) of the Inter17 national Marriage Broker Regulation Act of 2005.

18 ‘‘(5) The Secretary of State shall ensure that an ap19 plicant for a visa under clause (i) or (ii) of section

20 101(a)(15)(K)—

21 ‘‘(A) shall be provided, by mail or

22 electronically—

23 ‘‘(i) a copy of the petition for such visa

24 submitted by the United States citizen peti25 tioner; and
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1 ‘‘(ii) any information that is contained in

2 the background check described in paragraph

3 (3) relating to any court orders, arrests, or con4 victions described in subparagraphs (A) through

5 (D) of section 833(c)(2) of the International

6 Marriage Broker Regulation Act of 2005;

7 ‘‘(B) shall be informed that petitioner informa8 tion described in subparagraph (A) is based on avail9 able records and may not be complete; and

10 ‘‘(C) shall be asked in the primary language of

11 the visa applicant whether an international marriage

12 broker has facilitated the relationship between the

13 visa applicant and the United States petitioner and

14 whether that international marriage broker complied

15 with the requirements of section 833 of such Act.

16 ‘‘(6) The Secretary shall provide for the disclosure

17 of information described in paragraph (5) to the visa ap18 plicant at the consular interview in the primary language

19 of the visa applicant.

20 ‘‘(7) The fact that an alien described in clause (i)

21 or (ii) of section 101(a)(15)(K) is aware of any informa22 tion disclosed under paragraph (5) shall not be used

23 against the alien in any determination of eligibility for re24 lief under this Act or the Violence Against Women Act
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1 (Public Law 103–322; 108 Stat. 1902), and the amend2 ments made by that Act.

3 ‘‘(8) In fulfilling the requirements of paragraph

4 (5)(A)(ii), a consular officer shall not disclose the name

5 or location of any person who obtained a restraining or

6 protective order against the petitioner, but shall disclose

7 the relationship of the person to the petitioner.’’.

8 (b) SHARING OF CERTAIN INFORMATION.—Section

9 222(f) of the Immigration and Nationality Act (8 U.S.C.

10 1202(f)) shall not be construed to prevent the sharing of

11 information under section 214(d) of such Act (8 U.S.C.

12 1184(d)).

13 (c) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall apply to petitions filed after the date

15 of enactment of this Act.

16 SEC. 836. STUDY AND REPORT.

17 (a) STUDY.—The Secretary of Homeland Security,

18 through the Director of the Bureau of Citizenship and Im19 migration Services, shall conduct a study of the inter20 national marriage broker industry in the United States

21 that—

22 (1) estimates, for the years 1995 through 2005,

23 the number of international marriage brokers doing

24 business in the United States, the number of mar25 riages resulting from the services provided by such
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1 brokers, and the extent of compliance with the appli2 cable requirements of this subtitle;

3 (2) assess the information gathered under this

4 subtitle from clients by international marriage bro5 kers and from petitioners by the Bureau of Citizen6 ship and Immigration Services;

7 (3) examine, based on the information gathered,

8 the extent to which persons with a history of vio9 lence are using the services of international marriage

10 brokers and the extent to which such persons are

11 providing accurate information to international mar12 riage brokers in accordance with section 833;

13 (4) assess the accuracy of the criminal back14 ground check at identifying past instances of domes15 tic violence; and

16 (5) assess the extent to which the languages of

17 translation required under section 834(c)(1) con18 tinue to accurately reflect the highest markets for

19 recruitment by international marriage brokers and

20 the greatest concentrations of K nonimmigrant visa

21 applicants.

22 (b) REPORT.—Not later than 3 years after the date

23 of enactment of this Act, the Secretary of Homeland Secu24 rity shall submit a report to the Committee on the Judici25 ary of the Senate and the Committee on the Judiciary of
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1 the House of Representatives setting forth the results of

2 the study conducted under subsection (a).

3 SEC. 837. EFFECTIVE DATE.

4 (a) IN GENERAL.—Except as provided in subsection

5 (b), section 834, and the amendments made by section

6 835, this subtitle shall take effect on the date which is

7 60 days after the date of enactment of this Act.

8 (b) ADDITIONAL TIME ALLOWED FOR INFORMATION

9 PAMPHLET.—Section 834(b) shall take effect on the date

10 which is 120 days after the date of enactment of this Act.

11 TITLE IX—SAFETY FOR INDIAN

12 WOMEN

13 SEC. 901. FINDINGS.

14 Congress finds that—

15 (1) 1 out of every 3 Indian (including Alaska

16 Native) women are raped in their lifetimes;

17 (2) Indian women experience 7 sexual assaults

18 per 1,000, compared with 4 per 1,000 among Black

19 Americans, 3 per 1,000 among Caucasians, 2 per

20 1,000 among Hispanic women, and 1 per 1,000

21 among Asian women;

22 (3) Indian women experience the violent crime

23 of battering at a rate of 23.2 per 1,000, compared

24 with 8 per 1,000 among Caucasian women;
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1 (4) during the period 1979 through 1992,

2 homicide was the third leading cause of death of In3 dian females aged 15 to 34, and 75 percent were

4 killed by family members or acquaintances;

5 (5) Indian tribes require additional criminal

6 justice and victim services resources to respond to

7 violent assaults against women; and

8 (6) the unique legal relationship of the United

9 States to Indian tribes creates a Federal trust re10 sponsibility to assist tribal governments in safe11 guarding the lives of Indian women.

12 SEC. 902. PURPOSES.

13 The purposes of this title are—

14 (1) to decrease the incidence of violent crimes

15 against Indian women;

16 (2) to strengthen the capacity of Indian tribes

17 to exercise their sovereign authority to respond to

18 violent crimes committed against Indian women; and

19 (3) to ensure that perpetrators of violent crimes

20 committed against Indian women are held account21 able for their criminal behavior.

22 SEC. 903. CONSULTATION.

23 (a) IN GENERAL.—The Attorney General shall con24 duct annual consultations with Indian tribal governments

25 concerning the Federal administration of tribal funds and
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1 programs established under this Act, the Violence Against

2 Women Act of 1994 (title IV of Public Law 103–322; 108

3 Stat. 1902) and the Violence Against Women Act of 2000

4 (division B of Public Law 106–386; 114 Stat. 1491).

5 (b) RECOMMENDATIONS.—During consultations

6 under subsection (a), the Secretary of the Department of

7 Health and Human Services and the Attorney General

8 shall solicit recommendations from Indian tribes

9 concerning—

10 (1) administering tribal funds and programs;

11 (2) enhancing the safety of Indian women from

12 domestic violence, dating violence, sexual assault,

13 and stalking; and

14 (3) strengthening the Federal response to such

15 violent crimes.

16 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST

17 INDIAN WOMEN.

18 (a) NATIONAL BASELINE STUDY.—

19 (1) IN GENERAL.—The National Institute of

20 Justice, in consultation with the Office on Violence

21 Against Women, shall conduct a national baseline

22 study to examine violence against Indian women in

23 Indian country.

24 (2) SCOPE.—
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1 (A) IN GENERAL.—The study shall exam2 ine violence committed against Indian women,

3 including—

4 (i) domestic violence;

5 (ii) dating violence;

6 (iii) sexual assault;

7 (iv) stalking; and

8 (v) murder.

9 (B) EVALUATION.—The study shall evalu10 ate the effectiveness of Federal, State, tribal,

11 and local responses to the violations described

12 in subparagraph (A) committed against Indian

13 women.

14 (C) RECOMMENDATIONS.—The study shall

15 propose recommendations to improve the effec16 tiveness of Federal, State, tribal, and local re17 sponses to the violation described in subpara18 graph (A) committed against Indian women.

19 (3) TASK FORCE.—

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

21 acting through the Director of the Office on Vi22 olence Against Women, shall establish a task

23 force to assist in the development and imple24 mentation of the study under paragraph (1)
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1 and guide implementation of the recommenda2 tion in paragraph (2)(C).

3 (B) MEMBERS.—The Director shall ap4 point to the task force representatives from—

5 (i) national tribal domestic violence

6 and sexual assault nonprofit organizations;

7 (ii) tribal governments; and

8 (iii) the national tribal organizations.

9 (4) REPORT.—Not later than 2 years after the

10 date of enactment of this Act, the Attorney General

11 shall submit to the Committee on Indian Affairs of

12 the Senate, the Committee on the Judiciary of the

13 Senate, and the Committee on the Judiciary of the

14 House of Representatives a report that describes the

15 study.

16 (5) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to carry out

18 this section $1,000,000 for each of fiscal years 2006

19 and 2007, to remain available until expended.

20 (b) INJURY STUDY.—

21 (1) IN GENERAL.—The Secretary of Health and

22 Human Services, acting through the Indian Health

23 Service and the Centers for Disease Control and

24 Prevention, shall conduct a study to obtain a na25 tional projection of—
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1 (A) the incidence of injuries and homicides

2 resulting from domestic violence, dating vio3 lence, sexual assault, or stalking committed

4 against American Indian and Alaska Native

5 women; and

6 (B) the cost of providing health care for

7 the injuries described in subparagraph (A).

8 (2) REPORT.—Not later than 2 years after the

9 date of enactment of this Act, the Secretary of

10 Health and Human Services shall submit to the

11 Committee on Indian Affairs of the Senate, the

12 Committee on the Judiciary of the Senate, and the

13 Committee on the Judiciary of the House of Rep14 resentatives a report that describes the findings

15 made in the study and recommends health care

16 strategies for reducing the incidence and cost of the

17 injuries described in paragraph (1).

18 (3) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated to carry out

20 this section $500,000 for each of fiscal years 2006

21 and 2007, to remain available until expended.
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1 SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN

2 WOMEN.

3 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

4 DATABASES.—Section 534 of title 28, United States Code,

5 is amended—

6 (1) by redesignating subsection (d) as sub7 section (e); and

8 (2) by inserting after subsection (c) the fol9 lowing:

10 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The

11 Attorney General shall permit Indian law enforcement

12 agencies, in cases of domestic violence, dating violence,

13 sexual assault, and stalking, to enter information into

14 Federal criminal information databases and to obtain in15 formation from the databases.’’.

16 (b) TRIBAL REGISTRY.—

17 (1) ESTABLISHMENT.—The Attorney General

18 shall contract with any interested Indian tribe, tribal

19 organization, or tribal nonprofit organization to de20 velop and maintain—

21 (A) a national tribal sex offender registry;

22 and

23 (B) a tribal protection order registry con24 taining civil and criminal orders of protection

25 issued by Indian tribes and participating juris26 dictions.
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1 (2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to carry out

3 this section $1,000,000 for each of fiscal years 2006

4 through 2010, to remain available until expended.

5 SEC. 906. SAFETY FOR INDIAN WOMEN FORMULA GRANTS

6 PROGRAM.

7 (a) ESTABLISHMENT OF THE SAFETY FOR INDIAN

8 WOMEN GRANTS PROGRAM.—

9 (1) IN GENERAL.—Of the amounts set aside for

10 Indian tribes and tribal organizations in this Act the

11 Attorney General, through the Director of the Office

12 of Violence Against Women (referred to in this sec13 tion as the ‘‘Director’’), shall take such set asides

14 and combine them to establish the Safety for Indian

15 Women Formula Grants Program.

16 (2) SINGLE FORMULA GRANTS.—The Director

17 shall combine the monies appropriated under the

18 Grants To Combat Violent Crimes Against Women

19 (42 U.S.C. 3796gg–1(b)(1)), Grants To Encourage

20 Arrest Policies and Enforce Protection Orders (42

21 U.S.C. 3796hh sec. 2101(e)), Legal Assistance for

22 Victims (42 U.S.C. 3796gg–6 sec. 1201(f)(2)(A)),

23 Court Training and Improvements, Sexual Assault

24 Services Program, Safe Haven for Children Pilot

25 Program (42 U.S.C. 10420(f)), Rural Domestic Vio-
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1 lence and Child Abuse Enforcement Assistance (42

2 U.S.C. 1397(c)(3)), to create a single formula grant

3 program to enhance the response of Indian tribal

4 governments to address the safety of American In5 dian and Alaska Native Women.

6 (3) ADMINISTRATION.—Grants made under the

7 program established under this section shall be ad8 ministered by the Tribal Division of the Office on

9 Violence Against Women.

10 (b) GRANTS.—The purpose of the program author11 ized by this section is to assist Indian tribal governments

12 to—

13 (1) develop and enhance effective governmental

14 strategies to curtail violent crimes against and in15 crease the safety of Indian women consistent with

16 tribal law and custom;

17 (2) increase tribal capacity to respond to do18 mestic violence, dating violence, sexual assault, and

19 stalking crimes against Indian women;

20 (3) strengthen tribal justice interventions in21 cluding tribal law enforcement, prosecution, courts,

22 probation, correctional facilities; and

23 (4) enhance services to Indian women victim24 ized by domestic violence, dating violence, sexual as25 sault, and stalking.
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1 SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE

2 AGAINST WOMEN.

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

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

5 amended by adding at the end the following:

6 ‘‘SEC. 2007. TRIBAL DEPUTY.

7 ‘‘(a) ESTABLISHMENT.—There is established in the

8 Office on Violence Against Women a Deputy Director for

9 Tribal Affairs.

10 ‘‘(b) DUTIES.—

11 ‘‘(1) IN GENERAL.—The Deputy Director shall

12 under the guidance and authority of the Director of

13 the Office on Violence Against Women—

14 ‘‘(A) oversee and manage the administra15 tion of grants to and contracts with Indian

16 tribes, tribal courts, tribal organizations, or

17 tribal nonprofit organizations;

18 ‘‘(B) ensure that, if a grant under this Act

19 or a contract pursuant to such a grant is made

20 to an organization to perform services that ben21 efit more than 1 Indian tribe, the approval of

22 each Indian tribe to be benefited shall be a pre23 requisite to the making of the grant or letting

24 of the contract;
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1 ‘‘(C) coordinate development of Federal

2 policy, protocols, and guidelines on matters re3 lating to violence against Indian women;

4 ‘‘(D) advise the Director of the Office on

5 Violence Against Women concerning policies,

6 legislation, implementation of laws, and other

7 issues relating to violence against Indian

8 women;

9 ‘‘(E) represent the Office on Violence

10 Against Women in the annual consultations

11 under section 903;

12 ‘‘(F) provide technical assistance, coordina13 tion, and support to other offices and bureaus

14 in the Department of Justice to develop policy

15 and to enforce Federal laws relating to violence

16 against Indian women, including through litiga17 tion of civil and criminal actions relating to

18 those laws;

19 ‘‘(G) maintain a liaison with the judicial

20 branches of Federal, State, and tribal govern21 ments on matters relating to violence against

22 Indian women;

23 ‘‘(H) support enforcement of tribal protec24 tion orders and implementation of full faith and
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1 credit educational projects and comity agree2 ments between Indian tribes and States; and

3 ‘‘(I) ensure that adequate tribal technical

4 assistance is made available to Indian tribes,

5 tribal courts, tribal organizations, and tribal

6 nonprofit organizations for all programs relat7 ing to violence against Indian women.

8 ‘‘(c) AUTHORITY.—

9 ‘‘(1) IN GENERAL.—The Deputy Director shall

10 ensure that a portion of the tribal set-aside funds

11 from any grant awarded under this Act, the Violence

12 Against Women Act of 1994 (title IV of Public Law

13 103–322; 108 Stat. 1902), or the Violence Against

14 Women Act of 2000 (division B of Public Law 106–

15 386; 114 Stat. 1491) is used to enhance the capac16 ity of Indian tribes to address the safety of Indian

17 women.

18 ‘‘(2) ACCOUNTABILITY.—The Deputy Director

19 shall ensure that some portion of the tribal set-aside

20 funds from any grant made under this part is used

21 to hold offenders accountable through—

22 ‘‘(A) enhancement of the response of In23 dian tribes to crimes of domestic violence, dat24 ing violence, sexual assault, and stalking

25 against Indian women, including legal services
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1 for victims and Indian-specific offender pro2 grams;

3 ‘‘(B) development and maintenance of trib4 al domestic violence shelters or programs for

5 battered Indian women, including sexual assault

6 services, that are based upon the unique cir7 cumstances of the Indian women to be served;

8 ‘‘(C) development of tribal educational

9 awareness programs and materials;

10 ‘‘(D) support for customary tribal activities

11 to strengthen the intolerance of an Indian tribe

12 to violence against Indian women; and

13 ‘‘(E) development, implementation, and

14 maintenance of tribal electronic databases for

15 tribal protection order registries.’’.

16 SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.

17 (a) FIREARMS POSSESSION PROHIBITIONS.—Section

18 921(33)(A)(i) of title 18, United States Code, is amended

19 to read: ‘‘(i) is a misdemeanor under Federal, State, or

20 Tribal law; and’’.

21 (b) LAW ENFORCEMENT AUTHORITY.—Section 4(3)

22 of the Indian Law Enforcement Reform Act (25 U.S.C.

23 2803(3) is amended—

24 (1) in subparagraph (A), by striking ‘‘or’’;
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1 (2) in subparagraph (B), by striking the semi2 colon and inserting ‘‘, or’’; and

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

4 ‘‘(C) the offense is a misdemeanor crime of

5 domestic violence, dating violence, stalking, or

6 violation of a protection order and has, as an

7 element, the use or attempted use of physical

8 force, or the threatened use of a deadly weapon,

9 committed by a current or former spouse, par10 ent, or guardian of the victim, by a person with

11 whom the victim shares a child in common, by

12 a person who is cohabitating with or has

13 cohabited with the victim as a spouse, parent,

14 or guardian, or by a person similarly situated to

15 a spouse, parent or guardian of the victim, and

16 the employee has reasonable grounds to believe

17 that the person to be arrested has committed,

18 or is committing the crime;’’.

19 SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.

20 Chapter 7 of title 18, United States Code, is amended

21 by adding at the end the following:

22 ‘‘§ 117. DOMESTIC ASSAULT BY AN HABITUAL OF23 FENDER.

24 ‘‘Any person who commits a domestic assault within

25 the special maritime and territorial jurisdiction of the
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1 United States or Indian country and who has a final con2 viction on at least 2 separate prior occasions in Federal,

3 State, or Indian tribal court proceedings for offenses that

4 would be, if subject to Federal jurisdiction—

5 ‘‘(1) any assault, sexual abuse, or serious vio6 lent felony against a spouse or intimate partner; or

7 ‘‘(2) an offense under chapter 110A,

8 shall be fined under this title, imprisoned for a term of

9 not more than 5 years, or both, except that if substantial

10 bodily injury results from violation under this section, the

11 offender shall be imprisoned for a term of not more than

12 10 years.’’.

13 TITLE X—DNA FINGERPRINTING

14 SEC. 1001. SHORT TITLE.

15 This title may be cited as the ‘‘DNA Fingerprint Act

16 of 2005’’.

17 SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAM18 PLES FROM NATIONAL DNA INDEX.

19 Section 210304 of the DNA Identification Act of

20 1994 (42 U.S.C. 14132) is amended—

21 (1) in subsection (a)(1)(C), by striking ‘‘DNA

22 profiles’’ and all that follows through ‘‘, and’’;

23 (2) in subsection (d)(1), by striking subpara24 graph (A), and inserting the following:
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1 ‘‘(A) The Director of the Federal Bureau

2 of Investigation shall promptly expunge from

3 the index described in subsection (a) the DNA

4 analysis of a person included in the index—

5 ‘‘(i) on the basis of conviction for a

6 qualifying Federal offense or a qualifying

7 District of Columbia offense (as deter8 mined under sections 3 and 4 of the DNA

9 Analysis Backlog Elimination Act of 2000

10 (42 U.S.C. 14135a, 14135b), respectively),

11 if the Director receives, for each conviction

12 of the person of a qualifying offense, a cer13 tified copy of a final court order estab14 lishing that such conviction has been over15 turned; or

16 ‘‘(ii) on the basis of an arrest under

17 the authority of the United States, if the

18 Attorney General receives, for each charge

19 against the person on the basis of which

20 the analysis was, or could have been, in21 cluded in the index, a certified copy of a

22 final court order establishing that such

23 charge has been dismissed, has resulted in

24 an acquittal, or that no charge was filed

25 within the applicable time period.’’;
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1 (3) in subsection (d)(2)(A)(ii), by striking ‘‘all

2 charges for’’ and all that follows, and inserting the

3 following: ‘‘the responsible agency or official of that

4 State receives, for each charge against the person on

5 the basis of which the analysis was or could have

6 been included in the index, a certified copy of a final

7 court order establishing that such charge has been

8 dismissed, or has resulted in an acquittal or that no

9 charge was filed within the applicable time period.’’;

10 and

11 (4) by striking subsection (e).

12 SEC. 1003. EXPANDED USE OF CODIS GRANTS.

13 Section 2(a)(1) of the DNA Analysis Backlog Elimi14 nation Act of 2000 (42 U.S.C. 14135(a)(1)) is amended

15 by striking ‘‘taken from individuals convicted of a quali16 fying State offense (as determined under subsection

17 (b)(3))’’ and inserting ‘‘collected under applicable legal au18 thority’’.

19 SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE

20 COLLECTION FROM PERSONS ARRESTED OR

21 DETAINED UNDER FEDERAL AUTHORITY.

22 (a) IN GENERAL.—Section 3 of the DNA Analysis

23 Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is

24 amended—

25 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘The Di2 rector’’ and inserting the following:

3 ‘‘(A) The Attorney General may, as pre4 scribed by the Attorney General in regulation,

5 collect DNA samples from individuals who are

6 arrested or from non-United States persons

7 who are detained under the authority of the

8 United States. The Attorney General may dele9 gate this function within the Department of

10 Justice as provided in section 510 of title 28,

11 United States Code, and may also authorize

12 and direct any other agency of the United

13 States that arrests or detains individuals or su14 pervises individuals facing charges to carry out

15 any function and exercise any power of the At16 torney General under this section.

17 ‘‘(B) The Director’’; and

18 (B) in paragraphs (3) and (4), by striking

19 ‘‘Director of the Bureau of Prisons’’ each place

20 it appears and inserting ‘‘Attorney General, the

21 Director of the Bureau of Prisons,’’; and

22 (2) in subsection (b), by striking ‘‘Director of

23 the Bureau of Prisons’’ and inserting ‘‘Attorney

24 General, the Director of the Bureau of Prisons,’’.
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1 (b) CONFORMING AMENDMENTS.—Subsections (b)

2 and (c)(1)(A) of section 3142 of title 18, United States

3 Code, are each amended by inserting ‘‘and subject to the

4 condition that the person cooperate in the collection of a

5 DNA sample from the person if the collection of such a

6 sample is authorized pursuant to section 3 of the DNA

7 Analysis Backlog Elimination Act of 2000 (42 U.S.C.

8 14135a)’’ after ‘‘period of release’’.

9 SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEX10 UAL-ABUSE OFFENSES.

11 Section 3297 of title 18, United States Code, is

12 amended by striking ‘‘except for a felony offense under

13 chapter 109A,’’.

Passed the Senate October 4, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1197

AN ACT

To reauthorize the Violence Against Women Act of

1994.