II 

Calendar No. 205 

109TH CONGRESS 

1ST SESSION S. 1197 

To reauthorize the Violence Against Women Act of 1994. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2005 

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

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

STABENOW, Mr. SCHUMER, Mrs. MURRAY, Mr. CRAPO, Ms. CANTWELL, 

Mr. LAUTENBERG, Mr. BAYH, Mr. DODD, Mrs. CLINTON, Mr. INOUYE, 

Mr. BINGAMAN, Ms. MIKULSKI, Mr. CHAFEE, Mr. CORZINE, Mr. JOHNSON, Mr. KERRY, Mr. LIEBERMAN, Mr. DURBIN, Mr. BYRD, Mr. 

SALAZAR, Mr. DORGAN, Mrs. FEINSTEIN, Mr. LEVIN, Mr. ROCKEFELLER, Mr. COCHRAN, Mrs. HUTCHISON, Mr. NELSON of Nebraska, 

Mr. JEFFORDS, Ms. COLLINS, Ms. SNOWE, Mr. OBAMA, Mr. HARKIN, 

Mr. SARBANES, Mr. CARPER, Mr. REED, Mr. DAYTON, Ms. LANDRIEU, 

Mr. PRYOR, and Mr. STEVENS) 

SEPTEMBER 12, 2005 

Reported by Mr. SPECTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reauthorize the Violence Against Women Act of 1994. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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•S 1197 RS 

1 SECTION 1. SHORT TITLE. 

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

3 Women Act of 2005’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 

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. 
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Sec. 305. Juvenile justice. 

Sec. 306. Safe havens. 

TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY 

PREVENTING VIOLENCE 

Sec. 401. Preventing violence against women and children. 

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

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

ASSAULT, AND STALKING 

Sec. 501. Findings. 

Sec. 502. Purpose. 

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

violence. 

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

violence, sexual assault, and stalking grants. 

Sec. 505. Research on effective interventions in the healthcare setting. 

TITLE VI—HOUSING OPPORTUNITIES AND SAFETY FOR 

BATTERED WOMEN AND CHILDREN 

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

violence, sexual assault, and stalking. 

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

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

Sec. 604. Housing strategies. 

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

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

Sec. 607. Amendments to the public housing program. 

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF 

VIOLENCE 

Sec. 701. Emergency leave. 

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

TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED 

IMMIGRANT WOMEN 

Subtitle A—Victims of Crime 

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

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

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

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

Sec. 805. Protecting victims of child abuse.

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

Subtitle B—VAWA Self-Petitioners 

Sec. 811. Definition of VAWA self-petitioner. 

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

Sec. 813. Application in case of voluntary departure.
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Sec. 814. Removal proceedings.

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

Sec. 816. Application for VAWA-related relief.

Sec. 817. Self-petitioning parents.

Sec. 818. VAWA confidentiality nondisclosure. 

Subtitle C—Miscellaneous Amendments 

Sec. 821. Duration of T and U visas.

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

presence and good moral character rules.

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

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

Sec. 825. Deportation proceedings.

Sec. 826. Limitations on enforcement. 

Sec. 827. Protecting abused juveniles. 

Sec. 828. Rulemaking.

TITLE IX—SAFETY FOR INDIAN WOMEN 

Sec. 901. Findings. 

Sec. 902. Purposes. 

Sec. 903. Consultation. 

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

Sec. 905. Tracking of violence against Indian women. 

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

Sec. 907. Enhanced criminal law resources. 

Sec. 908. Domestic assault by an habitual offender. 

1 SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS. 

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

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

4 after section 40001 the following: 

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

6 ‘‘(a) DEFINITIONS.—In this title: 

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

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

11 sexual assault or stalking, including immigration, 

12 family, juvenile, and dependency courts, and the ju-
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1 dicial officers serving in those courts, including 

2 judges, magistrate judges, commissioners, justices of 

3 the peace, or any other person with decisionmaking 

4 authority. 

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

6 maltreatment’ means the physical or psychological 

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

8 assault and abuse. 

9 ‘‘(3) COURT-BASED AND COURT-RELATED PER10 SONNEL.—The term ‘court-based’ and ‘court-related 

11 personnel’ mean persons working in the court, 

12 whether paid or volunteer, including— 

13 ‘‘(A) clerks, special masters, domestic rela14 tions officers, administrators, mediators, cus15 tody evaluators, guardians ad litem, lawyers, 

16 negotiators, probation, parole, interpreters, vic17 tim assistants, victim advocates, and judicial, 

18 administrative, or any other professionals or 

19 personnel similarly involved in the legal process; 

20 ‘‘(B) court security personnel; 

21 ‘‘(C) personnel working in related, supple22 mentary offices or programs (such as child sup23 port enforcement); and 

24 ‘‘(D) any other court-based or community25 based personnel having responsibilities or au-
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1 thority to address domestic violence, dating vio2 lence, sexual assault, or stalking in the court 

3 system. 

4 ‘‘(4) DOMESTIC VIOLENCE.—The term ‘domes5 tic violence’ includes felony or misdemeanor crimes 

6 of violence committed by a current or former spouse 

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

8 shares a child in common, by a person who is co9 habitating with or has cohabitated with the victim as 

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

11 of the victim under the domestic or family violence 

12 laws of the jurisdiction receiving grant monies, or by 

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

14 victim who is protected from that person’s acts 

15 under the domestic or family violence laws of the ju16 risdiction receiving grant monies. 

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

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

19 social relationship of a romantic or intimate nature 

20 with the abuser, and existence of such a relationship 

21 based on a consideration of— 

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

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

24 ‘‘(C) the frequency of interaction between 

25 the persons involved in the relationship. 
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1 ‘‘(6) DATING VIOLENCE.—The term ‘dating vio2 lence’ means violence committed by a person— 

3 ‘‘(A) who is or has been in a social rela4 tionship of a romantic or intimate nature with 

5 the victim; and 

6 ‘‘(B) where the existence of such a rela7 tionship shall be determined based on a consid8 eration of the following factors: 

9 ‘‘(i) The length of the relationship. 

10 ‘‘(ii) The type of relationship. 

11 ‘‘(iii) The frequency of interaction be12 tween the persons involved in the relation13 ship. 

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

15 means any action against a person who is 60 years 

16 of age or older that constitutes the willful— 

17 ‘‘(A) infliction of injury, unreasonable con18 finement, intimidation, or cruel punishment 

19 with resulting physical harm, pain, or mental 

20 anguish; or 

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

22 caregiver, of goods or services that are nec23 essary to avoid physical harm, mental anguish, 

24 or mental illness. 
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•S 1197 RS 

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

2 member of an Indian tribe. 

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

4 housing’ means housing assistance described in the 

5 Native American Assistance and Self-Determination 

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

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

8 means a tribe, band, pueblo, nation, or other orga9 nized group or community of Indians, including any 

10 Alaska Native village or regional or village corpora11 tion (as defined in, or established pursuant to, the 

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

13 1601 et seq.)), that is recognized as eligible for the 

14 special programs and services provided by the 

15 United States to Indians because of their status as 

16 Indians. 

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

18 ‘Indian law enforcement’ means the departments or 

19 individuals under the direction of the Indian tribe 

20 that maintain public order. 

21 ‘‘(12) LAW ENFORCEMENT.—The term ‘law en22 forcement’ means a public agency charged with po23 licing functions, including any of its component bu24 reaus (such as governmental victim services pro25 grams), including those referred to in section 3 of 
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•S 1197 RS 

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

2 2802). 

3 ‘‘(13) LEGAL ASSISTANCE.—The term ‘legal as4 sistance’ includes assistance to adult and youth vic5 tims of domestic violence, dating violence, sexual as6 sault, and stalking in— 

7 ‘‘(A) family, tribal, territorial, immigra8 tion, employment, administrative agency, hous9 ing matters, campus administrative or protec10 tion or stay away order proceedings, and other 

11 similar matters; and 

12 ‘‘(B) criminal justice investigations, pros13 ecutions and post-trial matters (including sen14 tencing, parole, and probation) that impact the 

15 victim’s safety and privacy. 

16 ‘‘(14) LINGUISTICALLY AND CULTURALLY SPE17 CIFIC SERVICES.—The term ‘linguistically and cul18 turally specific services’ means community-based 

19 services that offer full linguistic access and cul20 turally specific services and resources, including out21 reach, collaboration, and support mechanisms pri22 marily directed toward racial and ethnic populations 

23 and other underserved communities. 

24 ‘‘(15) PERSONALLY IDENTIFYING INFORMATION

25 OR PERSONAL INFORMATION.—The term ‘personally 
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•S 1197 RS 

1 identifying information’ or ‘personal information’ 

2 means individually identifying information for or 

3 about an individual including information likely to 

4 disclose the location of a victim of domestic violence, 

5 dating violence, sexual assault, or stalking, includ6 ing— 

7 ‘‘(A) a first and last name; 

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

9 ‘‘(C) contact information (including a post10 al, e-mail or Internet protocol address, or tele11 phone or facsimile number); 

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

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

14 of birth, racial or ethnic background, or reli15 gious affiliation, that, in combination with any 

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

17 to identify any individual. 

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

19 means any public agency charged with direct respon20 sibility for prosecuting criminal offenders, including 

21 such agency’s component bureaus (such as govern22 mental victim services programs). 

23 ‘‘(17) PROTECTION ORDER OR RESTRAINING

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

25 order’ includes— 
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•S 1197 RS 

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

2 any other order issued by a civil or criminal 

3 court for the purpose of preventing violent or 

4 threatening acts or harassment against, sexual 

5 violence or contact or communication with or 

6 physical proximity to, another person, including 

7 any temporary or final orders issued by civil or 

8 criminal courts whether obtained by filing an 

9 independent action or as a pendente lite order 

10 in another proceeding so long as any civil order 

11 was issued in response to a complaint, petition, 

12 or motion filed by or on behalf of a person seek13 ing protection; and 

14 ‘‘(B) any support, child custody or visita15 tion provisions, orders, remedies, or relief 

16 issued as part of a protection order, restraining 

17 order, or stay away injunction pursuant to 

18 State, tribal, territorial, or local law authorizing 

19 the issuance of protection orders, restraining 

20 orders, or injunctions for the protection of vic21 tims of domestic violence, dating violence, sex22 ual assault, or stalking. 

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

24 The term ‘rural area’ and ‘rural community’ mean— 
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•S 1197 RS 

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

2 no part of which is within an area designated 

3 as a standard metropolitan statistical area by 

4 the Office of Management and Budget; or 

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

6 that is— 

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

8 metropolitan statistical area or considered 

9 as part of a metropolitan statistical area; 

10 and 

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

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

13 means a State that has a population density of 52 

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

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

16 based on the most recent decennial census. 

17 ‘‘(20) SEXUAL ASSAULT.—The term ‘sexual as18 sault’ means any conduct prescribed by chapter 

19 109A of title 18, United States Code, whether or not 

20 the conduct occurs in the special maritime and terri21 torial jurisdiction of the United States or in a Fed22 eral prison and includes both assaults committed by 

23 offenders who are strangers to the victim and as24 saults committed by offenders who are known or re25 lated by blood or marriage to the victim. 
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1 ‘‘(21) STALKING.—The term ‘stalking’ means 

2 engaging in a course of conduct directed at a spe3 cific person that would cause a reasonable person 

4 to— 

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

6 of others; or 

7 ‘‘(B) suffer substantial emotional distress. 

8 ‘‘(22) STATE.—The term ‘State’ means each of 

9 the several States, the District of Columbia, the 

10 Commonwealth of Puerto Rico, and except as other11 wise provided, Guam, American Samoa, the Virgin 

12 Islands, and the Northern Mariana Islands. 

13 ‘‘(23) STATE DOMESTIC VIOLENCE COALI14 TION.—The term ‘State domestic violence coalition’ 

15 means a program determined by the Administration 

16 for Children and Families under the Family Violence 

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

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

19 The term ‘State sexual assault coalition’ means a 

20 program determined by the Center for Injury Pre21 vention and Control of the Centers for Disease Con22 trol and Prevention under the Public Health Service 

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

24 ‘‘(25) TERRITORIAL DOMESTIC VIOLENCE OR

25 SEXUAL ASSAULT COALITION.—The term ‘territorial 
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•S 1197 RS 

1 domestic violence or sexual assault coalition’ means 

2 a program addressing domestic violence that is— 

3 ‘‘(A) an established nonprofit, nongovern4 mental territorial coalition addressing domestic 

5 violence or sexual assault within the territory; 

6 or 

7 ‘‘(B) a nongovernmental organization with 

8 a demonstrated history of addressing domestic 

9 violence or sexual assault within the territory 

10 that proposes to incorporate as a nonprofit, 

11 nongovernmental territorial coalition. 

12 ‘‘(26) TRIBAL COALITION.—The term ‘tribal co13 alition’ means— 

14 ‘‘(A) an established nonprofit, nongovern15 mental tribal coalition addressing domestic vio16 lence and sexual assault against American In17 dian and Alaskan Native women; or 

18 ‘‘(B) individuals or organizations that pro19 pose to incorporate as nonprofit, nongovern20 mental tribal coalitions to address domestic vio21 lence and sexual assault against American In22 dian and Alaskan Native women. 

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

24 government’ means— 
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1 ‘‘(A) the governing body of an Indian 

2 tribe; or 

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

4 organized group or community of Indians, in5 cluding any Alaska Native village or regional or 

6 village corporation (as defined in, or established 

7 pursuant to, the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1601 et seq.)), that is rec9 ognized as eligible for the special programs and 

10 services provided by the United States to Indi11 ans because of their status as Indians. 

12 ‘‘(28) TRIBAL ORGANIZATION.—The term ‘trib13 al organization’ means— 

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

15 tribe; 

16 ‘‘(B) any legally established organization 

17 of Indians which is controlled, sanctioned, or 

18 chartered by such governing body of a tribe or 

19 tribes to be served, or which is democratically 

20 elected by the adult members of the Indian 

21 community to be served by such organization 

22 and which includes the maximum participation 

23 of Indians in all phases of its activities; or 

24 ‘‘(C) any tribal nonprofit organization. 
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1 ‘‘(29) UNDERSERVED POPULATIONS.—The 

2 term ‘underserved populations’ includes populations 

3 underserved because of geographic location, under4 served racial and ethnic populations, populations un5 derserved because of special needs (such as language 

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

7 any other population determined to be underserved 

8 by the Attorney General. 

9 ‘‘(30) VICTIM ADVOCATE.—The term ‘victim 

10 advocate’ 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 vic14 tim services program. 

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

16 assistant’ means a person, whether paid or serving 

17 as a volunteer, who provides services to victims of 

18 domestic violence, sexual assault, stalking, or dating 

19 violence under the auspices or supervision of a court 

20 or a law enforcement or prosecution agency. 

21 ‘‘(32) VICTIM SERVICES OR VICTIM SERVICE

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

23 service provider’ means a nonprofit, nongovern24 mental organization that assists domestic violence, 

25 dating violence, sexual assault, or stalking victims, 
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•S 1197 RS 

1 including rape crisis centers, domestic violence wom2 en’s shelters, faith-based organizations, and other 

3 organizations, with a documented history of effective 

4 work concerning domestic violence, dating violence, 

5 sexual assault, or stalking. 

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

7 and young adult victims of domestic violence, dating 

8 violence, sexual assault, or stalking. 

9 ‘‘(b) GRANT CONDITIONS.— 

10 ‘‘(1) MATCH.—No matching funds shall be re11 quired for a grant or subgrant made under this title 

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

13 victim service provider. 

14 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR

15 PRIVATE INFORMATION.— 

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

17 safety of adult, youth, and child victims of do18 mestic violence, dating violence, sexual assault, 

19 or stalking, and their families, grantee and sub20 grantees under this title shall protect the con21 fidentiality and privacy of persons receiving 

22 services. 

23 ‘‘(B) NONDISCLOSURE.—Subject to sub24 paragraphs (C) and (D), grantees and sub25 grantees shall not— 
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•S 1197 RS 

1 ‘‘(i) disclose any personally identifying 

2 information or individual information col3 lected in connection with services re4 quested, utilized, or denied through grant5 ees’ and subgrantees’ programs; or 

6 ‘‘(ii) reveal individual client informa7 tion without the informed, written, reason8 ably time-limited consent of the person (or 

9 in the case of an unemancipated minor, the 

10 minor and the parent or guardian or in the 

11 case of persons with disabilities, the guard12 ian) about whom information is sought, 

13 whether for this program or any other 

14 Federal, State, tribal, or territorial grant 

15 program. 

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

17 described in subparagraph (B) is compelled by 

18 statutory or court mandate— 

19 ‘‘(i) grantees and subgrantees shall 

20 make reasonable attempts to provide notice 

21 to victims affected by the disclosure of in22 formation; 

23 ‘‘(ii) grantees and subgrantees shall 

24 take steps necessary to protect the privacy 
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1 and safety of the persons affected by the 

2 release of the information; and 

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

4 given by the abuser of the minor, person 

5 with disabilities, or the abuser of the other 

6 parent of the minor. 

7 ‘‘(D) INFORMATION SHARING.—Grantees 

8 and subgrantees may share— 

9 ‘‘(i) nonpersonally identifying data in 

10 the aggregate regarding services to their 

11 clients and nonpersonally identifying demo12 graphic information in order to comply 

13 with Federal, State, tribal, or territorial 

14 reporting, evaluation, or data collection re15 quirements; 

16 ‘‘(ii) court-generated information and 

17 law-enforcement generated information 

18 contained in secure, governmental reg19 istries for protection order enforcement 

20 purposes; and 

21 ‘‘(iii) law enforcement- and prosecu22 tion-generated information necessary for 

23 law enforcement and prosecution purposes. 

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

25 the activities under this title, grantees and sub-
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•S 1197 RS 

1 grantees may collaborate with and provide informa2 tion to Federal, State, local, tribal, and territorial 

3 public officials and agencies to develop and imple4 ment policies to reduce or eliminate domestic vio5 lence, dating violence, sexual assault, and stalking. 

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

7 funds received under this title shall be used to sup8 plement, not supplant, non-Federal funds that would 

9 otherwise be available for activities under this title. 

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

11 appropriated under this title may be used only for 

12 the specific purposes described in this title and shall 

13 remain available until expended.’’. 

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

15 this title shall submit to the disbursing agency a report 

16 detailing the activities undertaken with the grant funds, 

17 including and providing additional information as the 

18 agency shall require. 

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

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

21 such funds in order to conduct— 

22 ‘‘(1) evaluations of specific programs or 

23 projects funded by the disbursing agency under this 

24 title or related research; or 
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1 ‘‘(2) evaluations of promising practices or prob2 lems emerging in the field or related research, in 

3 order to inform the agency or agencies as to which 

4 programs or projects are likely to be effective or re5 sponsive to needs in the field.’’. 

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

7 of title I of the Omnibus Crime Control and Safe Streets 

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

9 inserting before section 2001 the following: 

10 ‘‘SEC. 2000. DEFINITIONS. 

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

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

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

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

15 gg note) is amended to read as follows: 

16 ‘‘SEC. 1002. DEFINITIONS. 

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

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

19 TITLE I—ENHANCING JUDICIAL 

20 AND LAW ENFORCEMENT 

21 TOOLS TO COMBAT VIOLENCE 

22 AGAINST WOMEN 

23 SEC. 101. STOP GRANTS IMPROVEMENTS. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 1001(a)(18) of title I of the Omnibus Crime Control and 
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•S 1197 RS 

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

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

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

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

5 (b) PURPOSE AREA ENHANCEMENTS.—Section 

6 2001(b) of title I of the Omnibus Crime Control and Safe 

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

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

9 the semicolon; 

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

11 and inserting ‘‘; and’’; and 

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

13 ‘‘(12) maintaining core victim services and 

14 criminal justice initiatives, while supporting com15 plementary new initiatives and emergency services 

16 for victims and their families.’’. 

17 (c) CLARIFICATION OF ACTIVITIES REGARDING UN18 DERSERVED POPULATIONS.—Section 2007 of the Omni19 bus Crime Control and Safe Streets Act of 1968 (42 

20 U.S.C. 3796gg–1) is amended— 

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

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

23 will address the needs of racial and ethnic popu24 lations and underserved populations’’; and 
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•S 1197 RS 

1 (2) in subsection (e)(2), by striking subpara2 graph (D) and inserting the following: 

3 ‘‘(D) recognize and meaningfully respond 

4 to the needs of underserved populations and en5 sure that monies set aside to fund linquistically 

6 and culturally specific services and activities for 

7 underserved populations are distributed equally 

8 among those populations.’’. 

9 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section 

10 2007 of the Omnibus Crime Control and Safe Streets Act 

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

12 (1) in subsection (b)— 

13 (A) in paragraph (1), by striking ‘‘5 per14 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), striking by ‘‘1 15 ⁄54’’ 

and inserting ‘‘1 16 ⁄56’’; 

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

18 coalition for the combined Territories of the 

19 United States, each receiving an amount equal 

to 1 20 ⁄54’’ and inserting ‘‘coalitions for Guam, 

21 American Samoa, the United States Virgin Is22 lands, and the Commonwealth of the Northern 

23 Mariana Islands, each receiving an amount 

24 equal to 1/56’’; 
24 

•S 1197 RS 

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

2 and inserting ‘‘1/56’’; 

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

4 after the semicolon; and 

5 (F) in paragraph (6), by striking the pe6 riod and inserting ‘‘; and’’; 

7 (2) in subsection (d)— 

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

9 after the semicolon; 

10 (B) in paragraph (3), by striking the pe11 riod and inserting ‘‘; and’’; and 

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

13 ‘‘(4) documentation showing that tribal, terri14 torial, State or local prosecution, law enforcement, 

15 and court and victim service providers have con16 sulted with tribal, territorial, State, or local victim 

17 services programs during the course of developing 

18 their grant applications in order to ensure that pro19 posed services, activities and equipment acquisitions 

20 are designed to promote the safety, confidentiality, 

21 and economic independence of victims of domestic vi22 olence, sexual assault, stalking, and dating vio23 lence.’’. 

24 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

25 COLLECTION.—Section 2007 of the Omnibus Crime Con-
25 

•S 1197 RS 

1 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

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

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

4 COLLECTION.— 

5 ‘‘(1) IN GENERAL.—Of the total amounts ap6 propriated under this part, not less than 3 percent 

7 and up to 8 percent shall be available for providing 

8 training and technical assistance relating to the pur9 pose areas of this part to improve the capacity of 

10 grantees, subgrantees and other entities. 

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

12 Office on Violence Against Women shall ensure that 

13 training or technical assistance regarding violence 

14 against Indian women will be developed and pro15 vided by entities having expertise in tribal law and 

16 culture.’’. 

17 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.— 

18 Section 2010 of the Omnibus Crime Control and Safe 

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

20 adding at the end the following: 

21 ‘‘(c) USE OF FUNDS.—A State or Indian tribal gov22 ernment may use Federal grant funds under this part to 

23 pay for forensic medical exams performed by trained ex24 aminers for victims of sexual assault, except that such 

25 funds may not be used to pay for forensic medical exams 
26 

•S 1197 RS 

1 by any State or Indian tribal government that requires 

2 victims of sexual assault to seek reimbursement for such 

3 exams from their insurance carriers. 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to permit a State, Indian tribal 

6 government, or territorial government to require a victim 

7 of sexual assault to participate in the criminal justice sys8 tem or cooperate with law enforcement in order to be pro9 vided with a forensic medical exam, reimbursement for 

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

11 ‘‘(e) JUDICIAL NOTIFICATION.— 

12 ‘‘(1) IN GENERAL.—A State, Indian tribal gov13 ernment, or unit of local government shall not be en14 titled to funds under this part unless the State, In15 dian tribal government, or unit of local govern16 ment— 

17 ‘‘(A) certifies that its judicial administra18 tive policies and practices include notification to 

19 domestic violence offenders of the requirements 

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

21 title 18, United States Code, and any applicable 

22 related Federal, State, or local laws; or 

23 ‘‘(B) gives the Attorney General assur24 ances that its judicial administrative policies 

25 and practices will be in compliance with the re-
27 

•S 1197 RS 

1 quirements of subparagraph (A) within the 

2 later of— 

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

4 which the next session of the State legisla5 ture ends; or 

6 ‘‘(ii) 2 years. 

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

8 State, unit of local government, or Indian tribal gov9 ernment under subsection (a) shall be distributed to 

10 other States, units of local government, and Indian 

11 tribal governments, pro rata.’’. 

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

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

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

15 at the end the following: 

16 ‘‘SEC. 2012. POLYGRAPH TESTING PROHIBITION. 

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

18 under this part, a State, Indian tribal government, terri19 torial government, or unit of local government must certify 

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

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

22 enforcement officer, prosecuting officer or other govern23 ment official shall ask or require an adult, youth, or child 

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

25 tribal, State, territorial, or local law to submit to a poly-
28 

•S 1197 RS 

1 graph examination or other truth telling device as a condi2 tion for proceeding with the investigation of such an of3 fense. 

4 ‘‘(b) PROSECUTION.—The refusal of a victim to sub5 mit to an examination described in subsection (a) shall 

6 not prevent the investigation, charging, or prosecution of 

7 the offense.’’. 

8 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

9 PROTECTION ORDERS IMPROVEMENTS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 1001(a)(19) of title I of the Omnibus Crime Control and 

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

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

14 2001 through 2005’’ and inserting ‘‘$75,000,000 for each 

15 of fiscal years 2006 through 2010. Funds appropriated 

16 under this paragraph shall remain available until ex17 pended.’’. 

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

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

20 U.S.C. 3796hh) is amended— 

21 (1) in subsection (a), by striking ‘‘to treat do22 mestic violence as a serious violation’’ and inserting 

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

24 assault, and stalking as serious violations’’; 

25 (2) in subsection (b)— 
29 

•S 1197 RS 

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

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

3 territorial,’’; 

4 (B) in paragraph (1), by— 

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

6 and 

7 (ii) striking ‘‘mandatory arrest pro8 grams and’’; 

9 (C) in paragraph (2), by— 

10 (i) inserting after ‘‘educational pro11 grams,’’ the following: ‘‘protection order 

12 registries,’’; 

13 (ii) striking ‘‘domestic violence and 

14 dating violence’’ and inserting ‘‘domestic 

15 violence, dating violence, sexual assault, 

16 and stalking. Policies, educational pro17 grams, registries, and training described in 

18 this paragraph shall incorporate confiden19 tiality, and privacy protections for victims 

20 of domestic violence, dating violence, sex21 ual assault, and stalking’’; 

22 (D) in paragraph (3), by— 

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

24 and inserting ‘‘domestic violence, dating vi-
30 

•S 1197 RS 

1 olence, sexual assault, and stalking cases’’; 

2 and 

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

4 ‘‘teams’’; 

5 (E) in paragraph (5), by striking ‘‘domes6 tic violence and dating violence’’ and inserting 

7 ‘‘domestic violence, dating violence, sexual as8 sault, and stalking’’; 

9 (F) in paragraph (6), by— 

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

11 ‘‘civil’’; and 

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

13 the following: ‘‘, dating violence, sexual as14 sault, and stalking’’; and 

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

16 ‘‘(9) To develop State, territorial, or local poli17 cies, procedures, and protocols, and to develop effec18 tive methods for identifying the pattern and history 

19 of abuse that indicates which party is the actual per20 petrator of abuse. 

21 ‘‘(10) To plan, develop and establish com22 prehensive victim service and support centers, such 

23 as family justice centers, designed to bring together 

24 victim advocates from non-profit, non-governmental 

25 victim services organizations, law enforcement offi-
31 

•S 1197 RS 

1 cers, prosecutors, probation officers, governmental 

2 victim assistants, forensic medical professionals, civil 

3 legal attorneys, chaplains, legal advocates, represent4 atives from community-based organizations and 

5 other relevant public or private agencies or organiza6 tions into one centralized location, in order to im7 prove safety, access to services, and confidentiality 

8 for victims and families. 

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

10 training for police, prosecutors, and the judiciary in 

11 recognizing, investigating, and prosecuting instances 

12 of sexual assault, with an emphasis on recognizing 

13 the threat to the community for repeat crime per14 petration by such individuals.’’; 

15 (3) in subsection (c)— 

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

17 after the semicolon; 

18 (B) in paragraph (4), by striking the pe19 riod and inserting ‘‘; and’’; and 

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

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

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

23 policies, or practices ensure that— 

24 ‘‘(A) no law enforcement officer, pros25 ecuting officer or other government official shall 
32 

•S 1197 RS 

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

2 of a sex offense as defined under Federal, trib3 al, State, territorial, or local law to submit to 

4 a polygraph examination or other truth telling 

5 device as a condition for proceeding with the in6 vestigation of such an offense; and 

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

8 an examination described in subparagraph (A) 

9 shall not prevent the investigation of the of10 fense.’’; and 

11 (4) by striking subsections (d) and (e) and in12 serting the following: 

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

14 than 10 percent of the total amount made available for 

15 grants under this section for each fiscal year shall be avail16 able for grants to Indian tribal governments.’’. 

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

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

19 3796hh–1(b)) is amended in each of paragraphs (1) and 

20 (2) by inserting after ‘‘involving domestic violence’’ the fol21 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

22 (d) TRAINING, TECHNICAL ASSISTANCE, CONFIDEN23 TIALITY.—Part U of title I of the Omnibus Crime Control 

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

25 is amended by adding at the end the following: 
33 

•S 1197 RS 

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

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

3 not less than 5 percent and up to 8 percent shall be avail4 able for providing training and technical assistance relat5 ing to the purpose areas of this part to improve the capac6 ity of grantees and other entities to offer services and as7 sistance to victims of domestic violence and dating vio8 lence.’’. 

9 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVE10 MENTS. 

11 Section 1201 of the Violence Against Women Act of 

12 2000 (42 U.S.C. 3796gg–6) is amended— 

13 (1) in subsection (a), by— 

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

15 following: ‘‘civil and criminal’’; 

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

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

18 (C) inserting at the end the following: 

19 ‘‘Criminal legal assistance provided for under 

20 this section shall be limited to criminal matters 

21 relating to domestic violence, sexual assault, 

22 dating violence, and stalking.’’; 

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

24 organizations, territorial organizations’’ after ‘‘In25 dian tribal governments’’; 

26 (3) in subsection (d)— 
34 

•S 1197 RS 

1 (A) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) any training program conducted in satis4 faction of the requirement of paragraph (1) has been 

5 or will be developed with input from and in collabo6 ration with a tribal, State, territorial, or local do7 mestic violence, dating violence, sexual assault or 

8 stalking organization or coalition, as well as appro9 priate tribal, State, territorial, and local law enforce10 ment officials; and 

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

12 violence,’’ after ‘‘domestic violence,’’; 

13 (4) in subsection (e), by inserting ‘‘dating vio14 lence,’’ after ‘‘domestic violence,’’; and 

15 (5) in subsection (f)— 

16 (A) by striking paragraph (1) and insert17 ing the following: 

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

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

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

21 (B) in paragraph (2)(A), by— 

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

23 ‘‘10 percent’’; and 

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

25 ‘‘that assist’’. 
35 

•S 1197 RS 

1 SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL 

2 SERVICES. 

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

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

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

6 111 Stat. 2510) is amended— 

7 (1) in subsection (a)(2)(C)— 

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

9 striking ‘‘using funds derived from a source 

10 other than the Corporation to provide’’ and in11 serting ‘‘providing’’; 

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

13 United States’’ and all that follows and insert14 ing ‘‘or a victim of sexual assault or trafficking 

15 in the United States, or qualifies for immigra16 tion relief under section 101(a)(15)(U) of the 

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

18 1101(a)(15)(U)); or’’; and 

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

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

21 without the active participation of the alien, has 

22 been battered or subjected to extreme cruelty or 

23 a victim of sexual assault or trafficking in the 

24 United States, or qualifies for immigration re25 lief under section 101(a)(15)(U) of the Immi-
36 

•S 1197 RS 

1 gration and Nationality Act (8 U.S.C. 

2 1101(a)(15)(U)).’’; and 

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

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

5 or trafficking, or the crimes listed in section 

6 101(a)(15)(U)(iii) of the Immigration and Nation7 ality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’. 

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

9 amendments made by this Act, shall be construed to re10 strict the legal assistance provided to victims of trafficking 

11 and certain family members authorized under section 

12 107(b)(1) of the Trafficking Victims Protection Act of 

13 2000 (22 U.S.C. 7105(b)(1)). 

14 SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT 

15 TRAINING AND IMPROVEMENTS. 

16 (a) VIOLENCE AGAINST WOMEN ACT COURT TRAIN17 ING AND IMPROVEMENTS.—The Violence Against Women 

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

19 at the end the following: 
37 

•S 1197 RS 

1 ‘‘Subtitle J—Violence Against 

2 Women Act Court Training and 

3 Improvements 

4 ‘‘SEC. 41001. SHORT TITLE. 

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

6 Women Act Court Training and Improvements Act of 

7 2005’. 

8 ‘‘SEC. 41002. PURPOSE. 

9 ‘‘The purpose of this subtitle is to enable the Attor10 ney General, though the Director of the Office on Violence 

11 Against Women, to award grants to improve court re12 sponses to adult and youth domestic violence, dating vio13 lence, sexual assault, and stalking to be used for— 

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

15 functions, responses, practices, and procedures; 

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

17 personnel on issues relating to victims’ needs, in18 cluding safety, security, privacy, confidentiality, and 

19 economic independence, as well as information about 

20 perpetrator behavior and best practices for holding 

21 perpetrators accountable; 

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

23 State, and local public agencies and officials and 

24 nonprofit, nongovernmental organizations to improve 
38 

•S 1197 RS 

1 implementation and enforcement of relevant Federal, 

2 State, tribal, territorial, and local law; 

3 ‘‘(4) enabling courts or court-based or court-re4 lated programs to develop new or enhance current— 

5 ‘‘(A) court infrastructure (such as special6 ized courts, dockets, intake centers, or inter7 preter services); 

8 ‘‘(B) community-based initiatives within 

9 the court system (such as court watch pro10 grams, victim assistants, or community-based 

11 supplementary services); 

12 ‘‘(C) offender management, monitoring, 

13 and accountability programs; 

14 ‘‘(D) safe and confidential information15 storage and -sharing databases within and be16 tween court systems; 

17 ‘‘(E) education and outreach programs to 

18 improve community access, including enhanced 

19 access for racial and ethnic communities and 

20 underserved populations; and 

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

22 responses to domestic violence, dating violence, 

23 sexual assault, and stalking; and 

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

25 State, tribal, territorial, or local courts wishing to 
39 

•S 1197 RS 

1 improve their practices and procedures or to develop 

2 new programs. 

3 ‘‘SEC. 41003. GRANT REQUIREMENTS. 

4 ‘‘Grants awarded under this subtitle shall be subject 

5 to the following conditions: 

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

7 may include— 

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

9 local courts or court-based programs; and 

10 ‘‘(B) national, State, tribal, or local pri11 vate, nonprofit organizations with demonstrated 

12 expertise in developing and providing judicial 

13 education about domestic violence, dating vio14 lence, sexual assault, or stalking. 

15 ‘‘(2) CONDITIONS OF ELIGIBILITY.—To be eligi16 ble for a grant under this section, applicants shall 

17 certify in writing that— 

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

19 working directly with or making decisions about 

20 adult or minor parties experiencing domestic vi21 olence, dating violence, sexual assault, and 

22 stalking have completed or will complete edu23 cation about domestic violence, dating violence, 

24 sexual assault, and stalking; 
40 

•S 1197 RS 

1 ‘‘(B) any education program developed 

2 under section 41002 has been or will be devel3 oped with significant input from and in collabo4 ration with a national, tribal, State, territorial, 

5 or local victim services provider or coalition; 

6 and 

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

8 policies, procedures, or rules do not require me9 diation or counseling between offenders and vic10 tims physically together in cases where domestic 

11 violence, dating violence, sexual assault, or 

12 stalking is an issue. 

13 ‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA. 

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

15 the Director of the Office on Violence Against Women, 

16 shall fund efforts to develop a national education cur17 riculum for use by State and national judicial educators 

18 to ensure that all courts and court personnel have access 

19 to information about relevant Federal, State, territorial, 

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

21 regarding court responses to adult and youth domestic vio22 lence, dating violence, sexual assault, and stalking. 

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

24 under this section— 
41 

•S 1197 RS 

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

2 having demonstrated expertise in developing judicial 

3 education curricula on issues relating to domestic vi4 olence, dating violence, sexual assault, and stalking; 

5 or 

6 ‘‘(2) if the primary grantee does not have dem7 onstrated expertise with such issues, shall be devel8 oped by the primary grantee in partnership with an 

9 organization having such expertise. 

10 ‘‘SEC. 41005. TRIBAL CURRICULA. 

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

12 the Office on Violence Against Women, shall fund efforts 

13 to develop education curricula for tribal court judges to 

14 ensure that all tribal courts have relevant information 

15 about promising practices, procedures, policies, and law 

16 regarding tribal court responses to adult and youth domes17 tic violence, dating violence, sexual assault, and stalking. 

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

19 under this section— 

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

21 having demonstrated expertise in developing judicial 

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

24 and 
42 

•S 1197 RS 

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

2 expertise, the curricula shall be developed by the pri3 mary grantee through partnership with organiza4 tions having such expertise. 

5 ‘‘SEC. 41006. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There is authorized to be appro7 priated to carry out this subtitle $5,000,000 for each of 

8 fiscal years 2006 to 2010. 

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

10 section shall remain available until expended and may only 

11 be used for the specific programs and activities described 

12 in this subtitle. 

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

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

15 percent shall be used for grants to tribes.’’. 

16 SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS. 

17 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

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

19 States Code, is amended by— 

20 (1) striking ‘‘or Indian tribe’’ each place it ap21 pears and inserting ‘‘, Indian tribe, or territory’’; 

22 and 

23 (2) striking ‘‘State or tribal’’ each place it ap24 pears and inserting ‘‘State, tribal, or territorial’’. 
43 

•S 1197 RS 

1 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE2 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

3 2265(a) of title 18, United States Code, is amended by 

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

5 enforced by the court and law enforcement personnel of 

6 the other State, Indian tribal government or Territory as 

7 if it were’’. 

8 (c) LIMITS ON INTERNET PUBLICATION OF PROTEC9 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

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

11 following: 

12 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF

13 REGISTRATION INFORMATION.—A State, Indian 

14 tribe, or territory shall not publish publicly on the 

15 Internet any information regarding the registration 

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

17 injunction in either the issuing or enforcing State, 

18 tribal or territorial jurisdiction, if such publication 

19 would be likely to publicly reveal the identity or loca20 tion of the party protected under such order. A 

21 State, Indian tribe, or territory may share court-gen22 erated and law enforcement-generated information 

23 contained in secure, governmental registries for pro24 tection order enforcement purposes.’’. 
44 

•S 1197 RS 

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

2 States Code, is amended— 

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

4 following: 

5 ‘‘(5) PROTECTION ORDER.—The term ‘protec6 tion order’ includes— 

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

8 any other order issued by a civil or criminal 

9 court for the purpose of preventing violent or 

10 threatening acts or harassment against, sexual 

11 violence, or contact or communication with or 

12 physical proximity to, another person, including 

13 any temporary or final order issued by a civil 

14 or criminal court whether obtained by filing an 

15 independent action or as a pendente lite order 

16 in another proceeding so long as any civil or 

17 criminal order was issued in response to a com18 plaint, petition, or motion filed by or on behalf 

19 of a person seeking protection; and 

20 ‘‘(B) any support, child custody or visita21 tion provisions, orders, remedies or relief issued 

22 as part of a protection order, restraining order, 

23 or injunction pursuant to State, tribal, terri24 torial, or local law authorizing the issuance of 

25 protection orders, restraining orders, or injunc-
45 

•S 1197 RS 

1 tions for the protection of victims of domestic 

2 violence, sexual assault, dating violence, or 

3 stalking.’’; and 

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

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

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

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

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

9 ‘‘2261A— 

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

11 the abuser, a person who shares a 

12 child in common with the abuser, and 

13 a person who cohabits or has 

14 cohabited as a spouse with the abuser; 

15 or 

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

17 in a social relationship of a romantic 

18 or intimate nature with the victim, as 

19 determined by the length of the rela20 tionship, the type of relationship, and 

21 the frequency of interaction between 

22 the persons involved in the relation23 ship’’. 
46 

•S 1197 RS 

1 SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES2 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

3 VIOLENCE, AND STALKING. 

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

5 1902 et seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘Subtitle K—Privacy Protections 

8 for Victims of Domestic Vio9 lence, Dating Violence, Sexual 

10 Violence, and Stalking 

11 ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CON12 FIDENTIALITY OF VICTIMS OF DOMESTIC VI13 OLENCE, DATING VIOLENCE, SEXUAL AS14 SAULT, AND STALKING. 

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

16 Office on Violence Against Women, may award grants 

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

18 agencies or nonprofit, nongovernmental organizations to 

19 ensure that personally identifying information of adult, 

20 youth, and child victims of domestic violence, sexual vio21 lence, stalking, and dating violence shall not be released 

22 or disclosed to the detriment of such victimized persons. 

23 ‘‘SEC. 41102. PURPOSE AREAS. 

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

25 ‘‘(1) to develop or improve protocols, proce26 dures, and policies for the purpose of preventing the 
47 

•S 1197 RS 

1 release of personally identifying information of vic2 tims (such as developing alternative identifiers); 

3 ‘‘(2) to defray the costs of modifying or improv4 ing existing databases, registries, and victim notifi5 cation systems to ensure that personally identifying 

6 information of victims is protected from release, un7 authorized information sharing and disclosure; 

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

9 that will enable victims of violence to make a single 

10 request to keep personally identifying information 

11 out of multiple databases, victim notification sys12 tems, and registries; or 

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

14 notice requirements regarding electronic surveillance 

15 by government entities), to protect against abuses of 

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

17 providing training for law enforcement on high tech 

18 electronic crimes of domestic violence, dating vio19 lence, sexual assault, and stalking. 

20 ‘‘SEC. 41103. ELIGIBLE ENTITIES. 

21 ‘‘Entities eligible for grants under this subtitle in22 clude— 

23 ‘‘(1) jurisdictions or agencies within jurisdic24 tions having authority or responsibility for devel-
48 

•S 1197 RS 

1 oping or maintaining public databases, registries or 

2 victim notification systems; 

3 ‘‘(2) nonprofit nongovernmental victim advocacy 

4 organizations having expertise regarding confiden5 tiality, privacy, and information technology and how 

6 these issues are likely to impact the safety of vic7 tims; 

8 ‘‘(3) States or State agencies; 

9 ‘‘(4) local governments or agencies; 

10 ‘‘(5) tribal governments, agencies, or organiza11 tions; 

12 ‘‘(6) territorial governments, agencies, or orga13 nizations; or 

14 ‘‘(7) nonprofit nongovernmental victim advocacy 

15 organizations, including statewide domestic violence 

16 and sexual assault coalitions. 

17 ‘‘SEC. 41104. GRANT CONDITIONS. 

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

19 shall demonstrate that they have entered into a significant 

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

21 service or advocacy organization in order to develop safe, 

22 confidential, and effective protocols, procedures, policies, 

23 and systems for protecting personally identifying informa24 tion of victims. 
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1 ‘‘SEC. 41105. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this subtitle $5,000,000 for each of 

4 fiscal years 2006 through 2010. 

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

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

7 shall be used for grants for programs that assist victims 

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

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

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

11 the amount made available under this section in each fis12 cal year, not less than 5 percent shall be used for grants 

13 to organizations that have expertise in confidentiality, pri14 vacy, and technology issues impacting victims of domestic 

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

16 provide technical assistance and training to grantees and 

17 non-grantees on how to improve safety, privacy, confiden18 tiality, and technology to protect victimized persons.’’. 

19 SEC. 108. SEX OFFENDER MANAGEMENT. 

20 Section 40152 of the Violent Crime Control and Law 

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

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

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

24 are authorized to be appropriated to carry out this section 

25 $3,000,000 for each of fiscal years 2006 through 2010.’’. 
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1 SEC. 109. STALKER DATABASE. 

2 Section 40603 of the Violence Against Women Act 

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

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

5 and 

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

7 SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZA8 TION. 

9 Section 40114 of the Violence Against Women Act 

10 of 1994 (Public Law 103–322) is amended to read as fol11 lows: 

12 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM AS13 SISTANTS. 

14 ‘‘There are authorized to be appropriated for the 

15 United States attorneys for the purpose of appointing vic16 tim assistants for the prosecution of sex crimes and do17 mestic violence crimes where applicable (such as the Dis18 trict of Columbia), $1,000,000 for each of fiscal years 

19 2006 through 2010.’’. 

20 SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PRO21 GRAMS. 

22 (a) DEFINITIONS.—In this section: 

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

24 trafficking’’ means an act or practice described in 

25 paragraph (8) of section 103 of the Trafficking Vic26 tims Protection Act of 2000 (22 U.S.C. 7102). 
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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a State or a local government. 

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

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

5 the Commonwealth of Puerto Rico, Guam, the 

6 United States Virgin Islands, the Commonwealth of 

7 the Northern Mariana Islands, American Samoa, 

8 and any other territory or possession of the United 

9 States. 

10 (4) VICTIM OF TRAFFICKING.—The term ‘‘vic11 tim of trafficking’’ means a person subjected to an 

12 act of trafficking. 

13 (b) GRANTS AUTHORIZED.—The Attorney General 

14 may award grants to eligible entities to provide training 

15 to State and local law enforcement personnel to identify 

16 and protect victims of trafficking. 

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

18 section shall be used to— 

19 (1) train law enforcement personnel to identify 

20 and protect victims of trafficking, including training 

21 such personnel to utilize Federal, State, or local re22 sources to assist victims of trafficking; 

23 (2) train law enforcement or State or local 

24 prosecutors to identify, investigate, or prosecute acts 

25 of trafficking; or 
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1 (3) train law enforcement or State or local 

2 prosecutors to utilize laws that prohibit acts of traf3 ficking and to assist in the development of State and 

4 local laws to prohibit acts of trafficking. 

5 (d) RESTRICTIONS.— 

6 (1) ADMINISTRATIVE EXPENSES.—An eligible 

7 entity that receives a grant under this section may 

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

9 such grant for administrative expenses. 

10 (2) NONEXCLUSIVITY.—Nothing in this section 

11 may be construed to restrict the ability of an eligible 

12 entity to apply for or obtain funding from any other 

13 source to carry out the training described in sub14 section (c). 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

18 provisions of this section. 

19 SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED 

20 SPECIAL ADVOCATE PROGRAM. 

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

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

23 striking paragraphs (1) and (2) and inserting the fol24 lowing: 
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1 ‘‘(1) Court Appointed Special Advocates, who 

2 may serve as guardians ad litem, are trained volun3 teers appointed by courts to advocate for the best in4 terests of children who are involved in the juvenile 

5 and family court system due to abuse or neglect; 

6 ‘‘(2) the National Court Appointed Special Ad7 vocate Association maintains a system of account8 ability, including standards, quality assurance, train9 ing, and technical assistance for a network of 70,000 

10 volunteers in more than 850 programs operating in 

11 49 States, the District of Columbia, and the Virgin 

12 Islands; and 

13 ‘‘(3) in 2003, Court Appointed Special Advo14 cate volunteers represented 288,000 children, more 

15 than 50 percent of the estimated 540,000 children 

16 in foster care because of substantiated cases of child 

17 abuse or neglect.’’. 

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

19 Victims of Child Abuse Act of 1990 (42 U.S.C. 13012) 

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

21 ‘‘January 1, 2010’’. 

22 (c) CLARIFICATION OF PROGRAM GOALS.—Section 

23 217 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 

24 13013) is amended— 
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1 (1) in subsection (a), by striking ‘‘to expand’’ 

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

3 (2) subsection (b)— 

4 (A) in paragraph (1), by striking ‘‘to ini5 tiate or expand’’ and inserting ‘‘to initiate, sus6 tain, and expand’’; and 

7 (B) in paragraph (2), by— 

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

9 ‘‘(1)(A)’’; and 

10 (ii) striking ‘‘to initiate and to ex11 pand’’ and inserting ‘‘to initiate, sustain, 

12 and expand’’; and 

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

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

15 Appointed Special Advocate programs are authorized to 

16 request criminal background checks from the Federal Bu17 reau of Investigation National Crime Information Center 

18 for prospective volunteers. The requesting program is re19 sponsible for the reasonable costs associated with the Fed20 eral records check.’’. 

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

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

23 by striking subsection (a) and inserting the following: 
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1 ‘‘(a) AUTHORIZATION.—There is authorized to be ap2 propriated to carry out this subtitle $17,000,000 for each 

3 of fiscal years 2006 through 2010.’’. 

4 SEC. 113. PREVENTING CYBERSTALKING. 

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

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

7 is amended— 

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

9 the end; 

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

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

12 (3) by adding at the end the following new sub13 paragraph: 

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

15 subsection (a)(1), includes any device or soft16 ware that can be used to originate telecommuni17 cations or other types of communications that 

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

19 Internet (as such term is defined in section 

20 1104 of the Internet Tax Freedom Act (47 

21 U.S.C. 151 note)).’’. 

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

23 amendment made by this section may not be construed 

24 to affect the meaning given the term ‘‘telecommunications 

25 device’’ in section 223(h)(1) of the Communications Act 
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1 of 1934, as in effect before the date of the enactment of 

2 this section. 

3 SEC. 114. CRIMINAL PROVISION RELATING TO STALKING. 

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

5 18, United States Code, is amended to read as follows: 

6 ‘‘§ 2261A. Stalking 

7 ‘‘Whoever— 

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

9 or within the special maritime and territorial juris10 diction of the United States, or enters or leaves In11 dian country, with the intent to kill, injure, harass, 

12 place under surveillance, or intimidate another per13 son, and in the course of, or as a result of, such 

14 travel places that person in reasonable fear of the 

15 death of, or serious bodily injury to, or causes sub16 stantial emotional harm to that person, a member of 

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

18 that person, or the spouse or intimate partner of 

19 that person; or 

20 ‘‘(2) with the intent— 

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

22 surveillance, intimidate, or cause substantial 

23 emotional harm to a person in another State or 

24 tribal jurisdiction or within the special maritime 
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1 and territorial jurisdiction of the United States; 

2 or 

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

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

6 States, in reasonable fear of the death of, or se7 rious bodily injury to— 

8 ‘‘(i) that person; 

9 ‘‘(ii) a member of the immediate fam10 ily (as defined in section 115 of that per11 son; or 

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

13 that person; 

14 uses the mail or any facility of interstate or foreign 

15 commerce to engage in a course of conduct that 

16 causes substantial emotional harm to that person or 

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

18 or serious bodily injury to, any of the persons de19 scribed in clauses (i) through (iii) of subparagraph 

20 (B); 

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

22 title.’’. 

23 SEC. 115. REPEAT OFFENDER PROVISION. 

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

25 amended by adding after section 2265 the following: 
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1 ‘‘§ 2265A. Repeat offender provision 

2 ‘‘The maximum term of imprisonment for a violation 

3 of this chapter after a prior interstate domestic violence 

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

5 of protection order (as defined in section 2262) or inter6 state stalking (as defined in sections 2261A(a) and 

7 2261A(b)) may be twice the term otherwise provided for 

8 the violation.’’. 

9 SEC. 116. PROHIBITING DATING VIOLENCE. 

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

11 United States Code, is amended— 

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

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

14 partner’’; and 

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

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

17 partner’’. 

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

19 States Code, is amended by adding at the end the fol20 lowing: 

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

22 partner’ refers to person who is or has been in a so23 cial relationship of a romantic or intimate nature 

24 with the abuser and the existence of such a relation25 ship based on a consideration of— 

26 ‘‘(A) the length of the relationship; and 
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1 ‘‘(B) the type of relationship; and 

2 ‘‘(C) the frequency of interaction between 

3 the persons involved in the relationship.’’. 

4 SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME 

5 AND TERRITORIAL JURISDICTION. 

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

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

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

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

10 (b) PROTECTION ORDER.—Section 2262(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 TITLE II—IMPROVING SERVICES 

15 FOR VICTIMS OF DOMESTIC 

16 VIOLENCE, DATING VIO17 LENCE, SEXUAL ASSAULT, 

18 AND STALKING 

19 SEC. 201. FINDINGS. 

20 Congress finds the following: 

(1) Nearly 1 21 ⁄3 of American women report phys22 ical or sexual abuse by a husband or boyfriend at 

23 some point in their lives. 
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1 (2) According to the National Crime Victimiza2 tion Survey, 248,000 Americans 12 years of age and 

3 older were raped or sexually assaulted in 2002. 

4 (3) Rape and sexual assault in the United 

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

6 year, including— 

7 (A) lost productivity; 

8 (B) medical and mental health care; 

9 (C) police and fire services; 

10 (D) social services; 

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

12 (F) reduced quality of life. 

13 (4) Nonreporting of sexual assault in rural 

14 areas is a particular problem because of the high 

15 rate of nonstranger sexual assault. 

16 (5) Geographic isolation often compound the 

17 problems facing sexual assault victims. The lack of 

18 anonymity and accessible support services can limit 

19 opportunities for justice for victims. 

20 (6) Domestic elder abuse is primarily family 

21 abuse. The National Elder Abuse Incidence Study 

22 found that the perpetrator was a family member in 

23 90 percent of cases. 

24 (7) Barriers for older victims leaving abusive 

25 relationships include— 
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1 (A) the inability to support themselves; 

2 (B) poor health that increases their de3 pendence on the abuser; 

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

5 and 

6 (D) ineffective responses by domestic 

7 abuse programs and law enforcement. 

8 (8) Disabled women comprise another vulner9 able population with unmet needs. Women with dis10 abilities are more likely to be the victims of abuse 

11 and violence than women without disabilities because 

12 of their increased physical, economic, social, or psy13 chological dependence on others. 

14 (9) Many women with disabilities also fail to re15 port the abuse, since they are dependent on their 

16 abusers and fear being abandoned or institutional17 ized. 

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

19 surveyed— 

20 (A) only 35 percent of these programs of21 fered disability awareness training for their 

22 staff; and 

23 (B) only 16 percent dedicated a staff mem24 ber to provide services to women with disabil25 ities. 
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1 (11) Problems of domestic violence are exacer2 bated for immigrants when spouses control the im3 migration status of their family members, and abus4 ers use threats of refusal to file immigration papers 

5 and threats to deport spouses and children as power6 ful tools to prevent battered immigrant women from 

7 seeking help, trapping battered immigrant women in 

8 violent homes because of fear of deportation. 

9 (12) Battered immigrant women who attempt 

10 to flee abusive relationships may not have access to 

11 bilingual shelters or bilingual professionals, and face 

12 restrictions on public or financial assistance. They 

13 may also lack assistance of a certified interpreter in 

14 court, when reporting complaints to the police or a 

15 9-1-1 operator, or even in acquiring information 

16 about their rights and the legal system. 

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

18 National Domestic Violence Hotline every day to get 

19 immediate, informed, and confidential assistance to 

20 help deal with family violence. 

21 (14) The National Domestic Violence Hotline 

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

23 days a week, with bilingual staff, access to trans24 lators in 150 languages, and a TTY line for the 

25 hearing-impaired. 
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1 (15) With access to over 5,000 shelters and 

2 service providers across the United States, Puerto 

3 Rico, and the United States Virgin Islands, the Na4 tional Domestic Violence Hotline provides crisis 

5 intervention and immediately connects callers with 

6 sources of help in their local community. 

7 (16) Approximately 60 percent of the callers in8 dicate that calling the Hotline is their first attempt 

9 to address a domestic violence situation and that 

10 they have not called the police or any other support 

11 services. 

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

13 percent increase in call volume at the National Do14 mestic Violence Hotline. 

15 (18) Improving technology infrastructure at the 

16 National Domestic Violence Hotline and training ad17 vocates, volunteers, and other staff on upgraded 

18 technology will drastically increase the Hotline’s 

19 ability to answer more calls quickly and effectively. 

20 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. 

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

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

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

24 Act, the following: 
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1 ‘‘SEC. 2013. SEXUAL ASSAULT SERVICES. 

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

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

4 providing intervention, advocacy, accompaniment, 

5 support services, and related assistance for— 

6 ‘‘(A) adult, youth, and child victims of sex7 ual assault; 

8 ‘‘(B) family and household members of 

9 such victims; and 

10 ‘‘(C) those collaterally affected by the vic11 timization, except for the perpetrator of such 

12 victimization; 

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

14 training relating to sexual assault to— 

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

16 local governments, law enforcement agencies, 

17 and courts; 

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

19 service, and health care settings; 

20 ‘‘(C) nonprofit organizations; 

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

22 ‘‘(E) other individuals and organizations 

23 seeking such assistance. 

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

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

26 General shall award grants to States and territories 
65 

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1 to support the establishment, maintenance, and ex2 pansion of rape crisis centers and other programs 

3 and projects to assist those victimized by sexual as4 sault. 

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

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

7 than 5 percent of the grant funds received by 

8 a State or territory governmental agency under 

9 this subsection for any fiscal year may be used 

10 for administrative costs. 

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

12 by a State or territory under this subsection 

13 that are not used for administrative costs shall 

14 be used to provide grants to rape crisis centers 

15 and other nonprofit, nongovernmental organiza16 tions for programs and activities within such 

17 State or territory that provide direct interven18 tion and related assistance. 

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

21 under subparagraph (B) may include— 

22 ‘‘(i) 24 hour hotline services providing 

23 crisis intervention services and referral; 

24 ‘‘(ii) accompaniment and advocacy 

25 through medical, criminal justice, and so-
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1 cial support systems, including medical fa2 cilities, police, and court proceedings; 

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

4 individual and group support services, and 

5 comprehensive service coordination and su6 pervision to assist sexual assault victims 

7 and family or household members; 

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

10 household members; 

11 ‘‘(v) community-based, linguistically 

12 and culturally specific services and support 

13 mechanisms, including outreach activities 

14 for racial and ethnic, and other under15 served communities; and 

16 ‘‘(vi) the development and distribution 

17 of materials on issues related to the serv18 ices described in clauses (i) through (v). 

19 ‘‘(3) APPLICATION.— 

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

21 desiring a grant under this subsection shall 

22 submit an application to the Attorney General 

23 at such time and in such manner as the Attor24 ney General may reasonably require. 
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1 ‘‘(B) CONTENTS.—Each application sub2 mitted under subparagraph (A) shall— 

3 ‘‘(i) set forth procedures designed to 

4 assure meaningful involvement of the State 

5 or territorial sexual assault coalition and 

6 representatives from racial and ethnic and 

7 other underserved communities in the de8 velopment of the application and the imple9 mentation of the plans; 

10 ‘‘(ii) set forth procedures designed to 

11 ensure an equitable distribution of grants 

12 and grant funds within the State or terri13 tory and between urban and rural areas 

14 within such State or territory; 

15 ‘‘(iii) identify the State or territorial 

16 agency that is responsible for the adminis17 tration of programs and activities; and 

18 ‘‘(iv) meet other such requirements as 

19 the Attorney General reasonably deter20 mines are necessary to carry out the pur21 poses and provisions of this section. 

22 ‘‘(4) MINIMUM AMOUNT.—The Attorney Gen23 eral shall allocate to each State not less than 0.50 

24 percent of the total amount appropriated in a fiscal 

25 year for grants under this section, except that the 
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1 United States Virgin Islands, American Samoa, 

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

3 the Commonwealth of the Northern Mariana Islands 

4 shall each be allocated 0.125 percent of the total ap5 propriations. 

6 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

7 ADDRESSING SEXUAL ASSAULT.— 

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

9 General shall award grants to eligible entities to 

10 support the establishment, maintenance, and expan11 sion of culturally specific intervention and related 

12 assistance for victims of sexual assault. 

13 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re14 ceive a grant under this section, an entity shall— 

15 ‘‘(A) be a private nonprofit organization 

16 that focuses primarily on racial and ethnic com17 munities; 

18 ‘‘(B) must have documented organizational 

19 experience in the area of sexual assault inter20 vention or have entered into a partnership with 

21 an organization having such expertise; 

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

23 community-based, linguistically and culturally 

24 specific outreach and intervention services rel25 evant for the specific racial and ethnic commu-
69 

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1 nities to whom assistance would be provided or 

2 have the capacity to link to existing services in 

3 the community tailored to the needs of racial 

4 and ethnic populations; and 

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

6 committee and staffing which is reflective of the 

7 targeted racial and ethnic community. 

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

9 shall award grants under this section on a competi10 tive basis. 

11 ‘‘(4) DISTRIBUTION.— 

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

13 more than 2.5 percent of funds appropriated 

14 under this subsection in any year for adminis15 tration, monitoring, and evaluation of grants 

16 made available under this subsection. 

17 ‘‘(B) Up to 5 percent of funds appro18 priated under this section in any year shall be 

19 available for technical assistance by a national, 

20 nonprofit, nongovernmental organization or or21 ganizations whose primary focus and expertise 

22 is in addressing sexual assault within racial and 

23 ethnic communities. 
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1 ‘‘(5) TERM.—The Attorney General shall make 

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

3 2 fiscal years. 

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

5 grant under this subsection shall submit a report to 

6 the Attorney General that describes the activities out 

7 with such grant funds. 

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

9 SEXUAL ASSAULT COALITIONS.— 

10 ‘‘(1) GRANTS AUTHORIZED.— 

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

12 shall award grants to State, territorial, and 

13 tribal sexual assault coalitions to assist in sup14 porting the establishment, maintenance, and ex15 pansion of such coalitions. 

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

17 10 percent of the total amount appropriated to 

18 carry out this section shall be used for grants 

19 under subparagraph (A). 

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

21 State, territorial, and tribal sexual assault coali22 tions. 

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

24 under this subsection may be used to— 
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1 ‘‘(A) work with local sexual assault pro2 grams and other providers of direct services to 

3 encourage appropriate responses to sexual as4 sault within the State, territory, or tribe; 

5 ‘‘(B) work with judicial and law enforce6 ment agencies to encourage appropriate re7 sponses to sexual assault cases; 

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

9 services agencies, and children’s advocates to 

10 develop appropriate responses to child custody 

11 and visitation issues when sexual assault has 

12 been determined to be a factor; 

13 ‘‘(D) design and conduct public education 

14 campaigns; 

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

16 grants and grant funds to their State, territory, 

17 or tribe; or 

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

19 State, or local public officials and agencies to 

20 develop and implement policies to reduce or 

21 eliminate sexual assault. 

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

23 amounts appropriated for grants under this sub24 section for each fiscal year— 
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1 ‘‘(A) not less than 10 percent of the funds 

2 shall be available for grants to tribal sexual as3 sault coalitions; 

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

5 for grants to State and territorial coalitions, 

6 and the Attorney General shall allocate an 

amount equal to 1 7 ⁄56 of the amounts so appro8 priated to each of those States and territorial 

9 coalitions. 

10 ‘‘(4) APPLICATION.—Each eligible entity desir11 ing a grant under this subsection shall submit an 

12 application to the Attorney General at such time, in 

13 such manner, and containing such information as 

14 the Attorney General determines to be essential to 

15 carry out the purposes of this section. 

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

17 be prohibited from submitting an application under 

18 this subsection during any fiscal year for which 

19 funds are available under this subsection because 

20 such entity has not previously applied or received 

21 funding under this subsection. 

22 ‘‘(e) GRANTS TO TRIBES.— 

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

24 General may award grants to Indian tribes, tribal 

25 organizations, and nonprofit tribal organizations for 
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1 the operation of a sexual assault programs or 

2 projects in Indian country and Alaskan native vil3 lages to support the establishment, maintenance, 

4 and expansion of programs and projects to assist 

5 those victimized by sexual assault. 

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

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

8 than 5 percent of the grant funds received by 

9 an Indian tribe, tribal organization, and non10 profit tribal organization under this subsection 

11 for any fiscal year may be used for administra12 tive costs. 

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

14 under this subsection that are not used for ad15 ministrative costs shall be used to provide 

16 grants to tribal organizations and nonprofit 

17 tribal organizations for programs and activities 

18 within Indian country and Alaskan native vil19 lages that provide direct intervention and re20 lated assistance. 

21 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

24 years 2006 through 2010 to carry out the provisions 

25 of this section. 
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1 ‘‘(2) ALLOCATIONS.—Of the total amounts ap2 propriated for each fiscal year to carry out this sec3 tion— 

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

5 used by the Attorney General for evaluation, 

6 monitoring, and other administrative costs 

7 under this section; 

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

9 used for the provision of technical assistance to 

10 grantees and subgrantees under this section; 

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

12 for grants to States and territories under sub13 section (b); 

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

15 for making grants to State, territorial, and trib16 al sexual assault coalitions under subsection 

17 (d); 

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

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

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

21 for grants for culturally specific programs ad22 dressing sexual assault under subsection (c).’’. 
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1 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO2 LENCE AND CHILD ABUSE ENFORCEMENT AS3 SISTANCE PROGRAM. 

4 Section 40295 of the Safe Homes for Women Act of 

5 1994 (42 U.S.C. 13971) is amended to read as follows: 

6 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO7 LENCE, SEXUAL ASSAULT, STALKING, AND 

8 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

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

10 ‘‘(1) to identify, assess, and appropriately re11 spond to child, youth, and adult victims of domestic 

12 violence, sexual assault, dating violence, and stalking 

13 in rural communities, by encouraging collaboration 

14 among— 

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

16 sexual assault, and stalking victim service pro17 viders; 

18 ‘‘(B) law enforcement agencies; 

19 ‘‘(C) prosecutors; 

20 ‘‘(D) courts; 

21 ‘‘(E) other criminal justice service pro22 viders; 

23 ‘‘(F) human and community service pro24 viders; 

25 ‘‘(G) educational institutions; and 

26 ‘‘(H) health care providers; 
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1 ‘‘(2) to establish and expand nonprofit, non2 governmental, State, tribal, territorial, and local gov3 ernment victim services in rural communities to 

4 child, youth, and adult victims; and 

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

6 women and children in rural communities, by— 

7 ‘‘(A) dealing directly and immediately with 

8 domestic violence, sexual assault, dating vio9 lence, and stalking occurring in rural commu10 nities; and 

11 ‘‘(B) creating and implementing strategies 

12 to increase awareness and prevent domestic vio13 lence, sexual assault, dating violence, and stalk14 ing. 

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

16 acting through the Director of the Office on Violence 

17 Against Women (referred to in this section as the ‘Direc18 tor’), may award grants to States, Indian tribes, local gov19 ernments, and nonprofit, public or private entities, includ20 ing tribal nonprofit organizations, to carry out programs 

21 serving rural areas or rural communities that address do22 mestic violence, dating violence, sexual assault, and stalk23 ing by— 

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

25 cooperative efforts and projects among law enforce-
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1 ment officers, prosecutors, victim advocacy groups, 

2 and other related parties to investigate and pros3 ecute incidents of domestic violence, dating violence, 

4 sexual assault, and stalking; 

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

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

7 and minor victims of domestic violence, dating vio8 lence, sexual assault, and stalking in rural commu9 nities; and 

10 ‘‘(3) working in cooperation with the commu11 nity to develop education and prevention strategies 

12 directed toward such issues. 

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

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

15 activities expressly described in subsection (a). 

16 ‘‘(d) ALLOTMENTS AND PRIORITIES.— 

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

18 less than 10 percent of the total amount made avail19 able for each fiscal year to carry out this section 

20 shall be allocated for grants to Indian tribes or trib21 al organizations. 

22 ‘‘(2) ALLOTMENT FOR SEXUAL ASSAULT SERV23 ICES.—Not less than 25 percent of the total amount 

24 made available for each fiscal year to carry out this 
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1 section shall be allocated for grants that meaning2 fully address sexual assault in rural communities. 

3 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSIST4 ANCE.—Of the amounts appropriated for each fiscal 

5 year to carry out this section, not more than 8 per6 cent may be used by the Director for technical as7 sistance costs. 

8 ‘‘(4) UNDERSERVED POPULATIONS.—In award9 ing grants under this section, the Director shall give 

10 priority to racial, ethnic, and other underserved pop11 ulations. 

12 ‘‘(5) ALLOCATION OF FUNDS FOR RURAL

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

14 amount made available for each fiscal year to carry 

15 out this section shall be allocated to eligible entities 

16 located in rural States. 

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

20 years 2006 through 2010 to carry out this section. 

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

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

23 a law enforcement agency may use funds received 

24 through a grant under part Q of title I of the Omni25 bus Crime Control and Safe Streets Act of 1968 (42 
79 

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

2 of this section.’’. 

3 SEC. 204. TRAINING AND SERVICES TO END VIOLENCE 

4 AGAINST WOMEN WITH DISABILITIES. 

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

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

7 amended to read as follows: 

8 ‘‘SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERV9 ICES TO END VIOLENCE AGAINST AND ABUSE 

10 OF WOMEN WITH DISABILITIES. 

11 ‘‘(a) IN GENERAL.—The Attorney General, in con12 sultation with the Secretary of Health and Human Serv13 ices, may award grants to eligible entities— 

14 ‘‘(1) to provide training, consultation, and in15 formation on domestic violence, dating violence, 

16 stalking, and sexual assault against women and girls 

17 who are individuals with disabilities (as defined in 

18 section 3 of the Americans with Disabilities Act of 

19 1990 (42 U.S.C. 12102)); and 

20 ‘‘(2) to enhance direct services to such individ21 uals. 

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

23 section shall be used— 

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

25 assistance, advocacy, intervention, risk reduction and 
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1 prevention of domestic violence, dating violence, 

2 stalking, and sexual assault against disabled women 

3 and girls; 

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

5 that disabled women and girls who are victims of do6 mestic violence, dating violence, stalking, or sexual 

7 assault receive appropriate assistance; 

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

9 organizations, governmental agencies, courts, law en10 forcement, and nonprofit, nongovernmental organi11 zations serving individuals with disabilities about 

12 risk reduction, intervention, prevention and the na13 ture of domestic violence, dating violence, stalking, 

14 and sexual assault for disabled women and girls; 

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

16 with modifications to existing policies, protocols, and 

17 procedures to ensure equal access to the services, 

18 programs, and activities of victim service organiza19 tions for disabled women and girls; 

20 ‘‘(5) to provide training and technical assist21 ance on the requirements of shelters and victim serv22 ices organizations under Federal antidiscrimination 

23 laws, including— 

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

25 1990; and 
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1 ‘‘(B) section 504 of the Rehabilitation Act 

2 of 1973; 

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

6 needs of disabled women and girls; 

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

9 domestic violence, dating violence, stalking, or sexual 

10 assault; or 

11 ‘‘(8) to develop model programs providing advo12 cacy and intervention services within organizations 

13 serving disabled women and girls who are victims of 

14 domestic violence, dating violence, sexual assault, or 

15 stalking. 

16 ‘‘(c) ELIGIBLE ENTITIES.— 

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

18 to receive a grant under this section if the entity 

19 is— 

20 ‘‘(A) a State; 

21 ‘‘(B) a unit of local government; 

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

23 organization; or 

24 ‘‘(D) a nonprofit and nongovernmental vic25 tim services organization, such as a State do-
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1 mestic violence or sexual assault coalition or a 

2 nonprofit, nongovernmental organization serv3 ing disabled women and girls. 

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

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

6 awarded to an eligible agency (as defined in section 

7 410 of the Rehabilitation Act of 1973 (29 U.S.C. 

8 796f–5). 

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

10 grants under this section, the Director shall ensure that 

11 the needs of underserved populations are being addressed. 

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

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

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

15 section.’’. 

16 SEC. 205. TRAINING AND SERVICES TO END VIOLENCE 

17 AGAINST WOMEN IN LATER LIFE. 

18 (a) TRAINING PROGRAMS.—Section 40802 of the Vi19 olence Against Women Act of 1994 (42 U.S.C. 14041a) 

20 is amended to read as follows: 
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1 ‘‘SEC. 40802. ENHANCED TRAINING AND SERVICES TO END 

2 VIOLENCE AGAINST AND ABUSE OF WOMEN 

3 LATER IN LIFE. 

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

5 through the Director of the Office on Violence Against 

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

7 ‘‘(1) training programs to assist law enforce8 ment, prosecutors, governmental agencies, victim as9 sistants, and relevant officers of Federal, State, trib10 al, territorial, and local courts in recognizing, ad11 dressing, investigating, and prosecuting instances of 

12 elder abuse, neglect and exploitation, including do13 mestic violence or sexual assault, against victims 

14 who are 60 years of age or older; 

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

16 of elder abuse, neglect, and exploitation, including 

17 domestic and sexual violence, who are 60 years of 

18 age or older; 

19 ‘‘(3) increasing the physical accessibility of 

20 buildings in which services are or will be rendered 

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

22 including domestic and sexual violence, who are 60 

23 years of age or older; 

24 ‘‘(4) creating or supporting multidisciplinary 

25 collaborative community responses to victims of elder 

26 abuse, neglect, and exploitation, including domestic 
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1 and sexual violence, who are 60 years of age or 

2 older; and 

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

4 organizations, governmental agencies, courts, law en5 forcement, and nonprofit, nongovernmental organi6 zations serving victims of domestic and sexual abuse 

7 who are 60 years of age or older. 

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

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

10 ‘‘(1) a State; 

11 ‘‘(2) a unit of local government; 

12 ‘‘(3) an Indian tribal government or tribal orga13 nization; or 

14 ‘‘(4) a nonprofit and nongovernmental victim 

15 services organization with demonstrated experience 

16 in assisting elderly women or demonstrated experi17 ence in addressing domestic violence or sexual as18 sault.’’. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 40803 of the Violence Against Women Act of 1994 (42 

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

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

23 ‘‘$10,000,000 for each of the fiscal years 2006 through 

24 2010’’. 
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1 SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIO2 LENCE HOTLINE. 

3 Section 316 of the Family Violence Prevention and 

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

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

6 following: 

7 ‘‘(5) provide technology and telecommunication 

8 training and assistance for advocates, volunteers, 

9 staff, and others affiliated with the hotline so that 

10 such persons are able to effectively use improved 

11 equipment made available through the Connections 

12 Campaign.’’; and 

13 (2) in subsection (g)— 

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

15 ‘‘$3,500,000’’ and all that follows and inserting 

16 ‘‘$5,000,000 for each of fiscal years 2006 

17 through 2010.’’; 

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

19 (C) by redesignating paragraph (3) as 

20 paragraph (2). 

21 TITLE III—SERVICES, PROTEC22 TION, AND JUSTICE FOR 

23 YOUNG VICTIMS OF VIO24 LENCE 

25 SEC. 301. FINDINGS. 

26 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 TEENS. 

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

25 Department of Health and Human Services (in this sec26 tion referred to as the ‘Secretary’), acting through the 
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1 Family and Youth Services Bureau, in consultation with 

2 the Department of Justice, shall award grants to eligible 

3 entities to conduct programs to serve victims of domestic 

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

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

6 under this section may only be used for programs and ac7 tivities described under subsection (c). 

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

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

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

11 primary purpose of which is to provide services to 

12 teen and young adult victims of domestic violence, 

13 dating violence, sexual assault, or stalking; 

14 ‘‘(2) a community-based organization special15 izing in intervention or violence prevention services 

16 for youth; 

17 ‘‘(3) an Indian Tribe or tribal organization pro18 viding services primarily to tribal youth or tribal vic19 tims of domestic violence, dating violence, sexual as20 sault or stalking; or 

21 ‘‘(4) a nonprofit, nongovernmental entity pro22 viding services for runaway or homeless youth af23 fected by domestic or sexual abuse. 

24 ‘‘(c) USE OF FUNDS.— 
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1 ‘‘(1) IN GENERAL.—An entity that receives a 

2 grant under this section shall use amounts provided 

3 under the grant to design or replicate, and imple4 ment, programs and services, using domestic vio5 lence, dating violence, sexual assault, and stalking 

6 intervention models to respond to the needs of youth 

7 who are victims of domestic violence, dating violence, 

8 sexual assault or stalking. 

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

10 ‘‘(A) shall provide direct counseling and 

11 advocacy for teens and young adults, who have 

12 experienced domestic violence, dating violence, 

13 sexual assault or stalking; 

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

15 and community relevant services for racial, eth16 nic, and other underserved populations or link17 ages to existing services in the community tai18 lored to the needs of underserved populations; 

19 ‘‘(C) may include mental health services 

20 for teens and young adults who have experi21 enced domestic violence, dating violence, sexual 

22 assault, or stalking; 

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

24 behalf of minors and young adults with respect 
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1 to domestic violence, dating violence, sexual as2 sault or stalking; 

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

4 agencies to develop and implement policies, 

5 rules, and procedures in order to reduce or 

6 eliminate domestic violence, dating violence, 

7 sexual assault, and stalking against youth and 

8 young adults; and 

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

10 the grant funds to provide additional services 

11 and resources for youth, including childcare, 

12 transportation, educational support, and respite 

13 care. 

14 ‘‘(d) AWARDS BASIS.— 

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

16 than 7 percent of funds appropriated under this sec17 tion in any year shall be available for grants to In18 dian Tribes or tribal organizations. 

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

20 not use more than 2.5 percent of funds appropriated 

21 under this section in any year for administration, 

22 monitoring, and evaluation of grants made available 

23 under this section. 

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

25 percent of funds appropriated under this section in 
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1 any year shall be available to provide technical as2 sistance for programs funded under this section. 

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

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

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

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

7 $15,000,000 for each of fiscal years 2006 through 2010. 

8 ‘‘SEC. 41202. ACCESS TO JUSTICE FOR TEENS. 

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

10 encourage cross training and collaboration between the 

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

13 prevention programs, and law enforcement agencies, so 

14 that communities can establish and implement policies, 

15 procedures, and practices to protect and more comprehen16 sively and effectively serve young victims of dating vio17 lence, domestic violence, sexual assault, and stalking who 

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

19 necessary, other entities addressing the safety, health, 

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

21 of young victims of domestic violence, dating violence, sex22 ual assault, and stalking, including community-based sup23 ports such as schools, local health centers, community ac24 tion groups, and neighborhood coalitions. 

25 ‘‘(b) GRANT AUTHORITY.— 
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1 ‘‘(1) IN GENERAL.—The Attorney General, 

2 through the Director of the Office on Violence 

3 Against Women (in this section referred to as the 

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

5 carry out the purposes of this section. 

6 ‘‘(2) GRANT PERIODS.—Grants shall be award7 ed under this section for a period of 2 fiscal years. 

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

9 grant under this section, a grant applicant shall es10 tablish a collaboration that— 

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

12 that has a documented history of effective work 

13 concerning domestic violence, dating violence, 

14 sexual assault, or stalking and the effect that 

15 those forms of abuse have on young people; 

16 ‘‘(B) shall include a court; and 

17 ‘‘(C) may include— 

18 ‘‘(i) batterer intervention programs or 

19 sex offender treatment programs with spe20 cialized knowledge and experience working 

21 with youth offenders; 

22 ‘‘(ii) community-based youth organiza23 tions that deal specifically with the con24 cerns and problems faced by youth, includ25 ing programs that target teen parents and 
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1 racial, ethnic, and other underserved com2 munities; 

3 ‘‘(iii) schools or school-based pro4 grams designed to provide prevention or 

5 intervention services to youth experiencing 

6 problems; 

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

8 with the concerns and problems faced by 

9 youth; 

10 ‘‘(v) healthcare entities eligible for re11 imbursement under title XVIII of the So12 cial Security Act, including providers that 

13 target the special needs of youth; 

14 ‘‘(vi) education programs on HIV and 

15 other sexually transmitted diseases that 

16 are designed to target teens; or 

17 ‘‘(vii) Indian Health Services, Indian 

18 Child Welfare, the Bureau of Indian Af19 fairs, or the Federal Bureau of Investiga20 tions. 

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

22 grant under this section shall use the funds made available 

23 through the grant for cross-training and collaborative ef24 forts— 
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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 minor 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 minors 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 7 percent of funds appro19 priated under this section in any year shall be avail20 able for grants to collaborations involving tribal 

21 courts, tribal coalitions, tribal organizations, or do22 mestic violence or sexual assault service providers 

23 the primary purpose of which is to provide culturally 

24 relevant services to American Indian or Alaska Na25 tive 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 service providers; 

3 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 programs addressing child maltreatment 

15 and domestic violence or dating violence that are op16 erated by, or in partnership with, a tribal organiza17 tion; 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, dating violence, or 

25 sexual assault, and to improve delivery of victim 
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1 assistance on campus. To the extent prac2 ticable, such an institution shall collaborate 

3 with any entities carrying out nonprofit and 

4 other victim services programs, including sexual 

5 assault, domestic violence, and dating violence 

6 victim services programs in the community in 

7 which the institution is located. If appropriate 

8 victim services programs are not available in 

9 the community or are not accessible to stu10 dents, the institution shall, to the extent prac11 ticable, provide a victim services program on 

12 campus or create a victim services program in 

13 collaboration with a community-based organiza14 tion. The institution shall use not less than 20 

15 percent of the funds made available through the 

16 grant for a victim services program provided in 

17 accordance with this paragraph.’’; 

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

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

20 and (10) as paragraphs (6), (7), and (8), re21 spectively; 

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

23 (2)(B) and inserting the following: 

24 ‘‘(B) include proof that the institution of 

25 higher education collaborated with any non-
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1 profit, nongovernmental entities carrying out 

2 other victim services programs, including sexual 

3 assault, domestic violence, and dating violence 

4 victim services programs in the community in 

5 which the institution is located;’’; 

6 (4) in subsection (d)— 

7 (A) by striking paragraph (4); 

8 (B) by redesignating paragraphs (2) and 

9 (3) as paragraphs (3) and (4), respectively; and 

10 (C) by inserting after paragraph (1) the 

11 following: 

12 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR

13 PRIVATE INFORMATION.— 

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

15 safety of adult, youth, and child victims of do16 mestic violence, dating violence, sexual assault, 

17 or stalking, and their families, grantee and sub18 grantees under this title shall protect the con19 fidentiality and privacy of persons receiving 

20 services. 

21 ‘‘(B) NONDISCLOSURE.—Subject to sub22 paragraph (C), grantees and subgrantees shall 

23 not— 

24 ‘‘(i) disclose any personally identifying 

25 information or individual information col-
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1 lected in connection with services re2 quested, utilized, or denied through grant3 ees’ and subgrantees’ programs; or 

4 ‘‘(ii) reveal individual client informa5 tion without the informed, written, reason6 ably time-limited consent of the person (or 

7 in the case of an unemancipated minor, the 

8 minor and the parent or guardian or in the 

9 case of persons with disabilities, the guard10 ian) about whom information is sought, 

11 whether for this program or any other 

12 Federal, State, tribal, or territorial grant 

13 program. 

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 for law enforce17 ment and prosecution purposes. 

18 ‘‘(E) PERSONALLY IDENTIFYING INFORMA19 TION OR PERSONAL INFORMATION.—The term 

20 ‘personally identifying information’ or ‘personal 

21 information’ means individually identifying in22 formation for or about an individual including 

23 information likely to disclose the location of a 

24 victim of domestic violence, dating violence, sex25 ual assault, or stalking, including— 
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1 ‘‘(i) a first and last name; 

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

3 ‘‘(iii) contact information (including a 

4 postal, e-mail or Internet protocol address, or 

5 telephone or facsimile number); 

6 ‘‘(iv) a social security number; and 

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

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

10 of clauses (i) through (iv), would serve to iden11 tify any individual.’’; and 

12 (5) in subsection (g), by— 

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

14 ‘‘$15,000,000’’; 

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

16 and 

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

18 SEC. 305. JUVENILE JUSTICE. 

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

20 Justice and Delinquency Prevention Act of 1974 (42 

21 U.S.C. 5633(a)) is amended— 

22 (1) in paragraph (7)(B)— 

23 (A) by redesignating clauses (i), (ii) and 

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

25 and 
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1 (B) by inserting before clause (ii) the fol2 lowing: 

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

4 for the prevention and treatment of juvenile de5 linquency, including the types of such services 

6 available and the need for such services for fe7 males;’’. 

8 (b) USE OF FUNDS.—Section 223(a)(9) of the Juve9 nile Justice and Delinquency Prevention Act of 1974 (42 

10 U.S.C. 5633(a)(9)) is amended— 

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

12 the end; 

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

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

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

16 ‘‘(T) developing and adopting policies to 

17 prohibit disparate treatment of female juveniles 

18 in placement and treatment, and establishing 

19 gender-specific services to ensure that female 

20 juveniles have access to the full range of health 

21 and mental health services, treatment for phys22 ical or sexual assault and abuse, education in 

23 parenting, education in general, and other 

24 training and vocational services.’’. 
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1 SEC. 306. SAFE HAVENS. 

2 Section 1301 of the Victims of Trafficking and Vio3 lence Protection Act of 2000 (42 U.S.C. 10420) is amend4 ed— 

5 (1) by striking the section heading and insert6 ing the following: 

7 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; 

8 (2) in subsection (a)— 

9 (A) by inserting ‘‘, through the Director of 

10 the Office on Violence Against Women,’’ after 

11 ‘‘Attorney General’’; 

12 (B) by inserting ‘‘dating violence,’’ after 

13 ‘‘domestic violence,’’; 

14 (C) by striking ‘‘to provide’’ and inserting 

15 the following: 

16 ‘‘(1) to provide’’; 

17 (D) by striking the period at the end and 

18 inserting a semicolon; and 

19 (E) by adding at the end the following: 

20 ‘‘(2) to protect children from the trauma of wit21 nessing domestic or dating violence or experiencing 

22 abduction, injury, or death during parent and child 

23 visitation exchanges; 

24 ‘‘(3) to protect parents or caretakers who are 

25 victims of domestic and dating violence from experi-
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1 encing further violence, abuse, and threats during 

2 child visitation exchanges; and 

3 ‘‘(4) to protect children from the trauma of ex4 periencing sexual assault or other forms of physical 

5 assault or abuse during parent and child visitation 

6 and visitation exchanges.’’; and 

7 (3) by striking subsection (e) and inserting the 

8 following: 

9 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

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

11 appropriated to carry out this section, $20,000,000 

12 for each of fiscal years 2006 through 2010. Funds 

13 appropriated under this section shall remain avail14 able until expended. 

15 ‘‘(2) USE OF FUNDS.—Of the amounts appro16 priated to carry out this section for each fiscal year, 

17 the Attorney General shall— 

18 ‘‘(A) set aside not less than 5 percent for 

19 grants to Indian tribal governments or tribal 

20 organizations; 

21 ‘‘(B) use not more than 3 percent for eval22 uation, monitoring, site visits, grantee con23 ferences, and other administrative costs associ24 ated with conducting activities under this sec25 tion; and 
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1 ‘‘(C) set aside not more than 8 percent for 

2 technical assistance and training to be provided 

3 by organizations having nationally recognized 

4 expertise in the design of safe and secure super5 vised visitation programs and visitation ex6 change of children in situations involving do7 mestic violence, dating violence, sexual assault, 

8 or stalking.’’. 

9 TITLE IV—STRENGTHENING 

10 AMERICA’S FAMILIES BY PRE11 VENTING VIOLENCE 

12 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND 

13 CHILDREN. 

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

15 1902 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘Subtitle M—Strengthening Amer18 ica’s Families by Preventing Vi19 olence Against Women and Chil20 dren 

21 ‘‘SEC. 41301. FINDINGS. 

22 ‘‘Congress finds that— 

23 ‘‘(1) the former United States Advisory Board 

24 on Child Abuse suggests that domestic violence may 
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1 be the single major precursor to child abuse and ne2 glect fatalities in this country; 

3 ‘‘(2) studies suggest that as many as 

4 10,000,000 children witness domestic violence every 

5 year; 

6 ‘‘(3) studies suggest that among children and 

7 teenagers, recent exposure to violence in the home 

8 was a significant factor in predicting a child’s violent 

9 behavior; 

10 ‘‘(4) a study by the Nurse-Family Partnership 

11 found that children whose parents did not partici12 pate in home visitation programs that provided 

13 coaching in parenting skills, advice and support, 

14 were almost 5 times more likely to be abused in 

15 their first 2 years of life; 

16 ‘‘(5) a child’s exposure to domestic violence 

17 seems to pose the greatest independent risk for 

18 being the victim of any act of partner violence as an 

19 adult; 

20 ‘‘(6) children exposed to domestic violence are 

21 more likely to believe that using violence is an effec22 tive means of getting one’s needs met and managing 

23 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 Ad16 ministration for Children, Youth, and Families of 

17 the Department of Health and Human Services, is 

18 authorized to award grants on a competitive basis to 

19 eligible entities for the purpose of mitigating the ef20 fects of domestic violence, dating violence, sexual as21 sault, and stalking on children exposed to such vio22 lence, and reducing the risk of future victimization 

23 or perpetration of domestic violence, dating violence, 

24 sexual assault, and stalking. 
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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 underserved 

6 populations; 

7 ‘‘(B) awarding not less than 7 percent of 

8 such amounts for the funding of tribal projects 

9 from the amounts made available under this 

10 section for a fiscal year; 

11 ‘‘(C) awarding up to 8 percent for the 

12 funding of technical assistance programs from 

13 the amounts made available under this section 

14 for a fiscal year; and 

15 ‘‘(D) awarding not less than 66 percent to 

16 programs described in subsection (c)(1) from 

17 the amounts made available under this section 

18 for a fiscal year. 

19 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out this section 

21 $20,000,000 for each of fiscal years 2006 through 2010. 

22 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

23 this section shall be used for— 

24 ‘‘(1) programs that provide services for children 

25 exposed to domestic violence, dating violence, sexual 
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1 assault, or stalking, which may include direct coun2 seling, advocacy, or mentoring, and must include 

3 support for the nonabusing parent or the child’s 

4 caretaker; or 

5 ‘‘(2) training, coordination, and advocacy for 

6 programs that serve children and youth (such as 

7 Head Start, child care, and after-school programs) 

8 on how to safely and confidentially identify children 

9 and families experiencing domestic violence and 

10 properly refer them to programs that can provide di11 rect services to the family and children, and coordi12 nation with other domestic violence or other pro13 grams serving children exposed to domestic violence, 

14 dating violence, sexual assault, or stalking that can 

15 provide the training and direct services referenced in 

16 this subsection. 

17 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

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

19 ‘‘(1) a victim service provider, tribal nonprofit 

20 organization or community-based organization that 

21 has a documented history of effective work con22 cerning children or youth exposed to domestic vio23 lence, dating violence, sexual assault, or stalking, in24 cluding programs that provide culturally specific 

25 services, Head Start, childcare, faith-based organiza-
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1 tions, after school programs, and health and mental 

2 health providers; or 

3 ‘‘(2) a State, territorial, or tribal, or local unit 

4 of government agency that is partnered with an or5 ganization described in paragraph (1). 

6 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

7 an entity shall— 

8 ‘‘(1) prepare and submit to the Director an ap9 plication at such time, in such manner, and con10 taining such information as the Director may re11 quire; and 

12 ‘‘(2) at a minimum, describe in the application 

13 the policies and procedures that the entity has or 

14 will adopt to— 

15 ‘‘(A) enhance or ensure the safety and se16 curity of children who have been or are being 

17 exposed to violence and their nonabusing par18 ent, enhance or ensure the safety and security 

19 of children and their nonabusing parent in 

20 homes already experiencing domestic violence, 

21 dating violence, sexual assault, or stalking; and 

22 ‘‘(B) ensure linguistically, culturally, and 

23 community relevant services for racial, ethnic, 

24 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 Ad8 ministration for Children, Youth, and Families of 

9 the Department of Health and Human Services, 

10 shall award grants on a competitive basis to home 

11 visitation programs, in collaboration with victim 

12 service providers, for the purposes of developing and 

13 implementing model policies and procedures to train 

14 home visitation service providers on addressing do15 mestic violence, dating violence, sexual assault, and 

16 stalking in families experiencing violence, or at risk 

17 of violence, to reduce the impact of that violence on 

18 children, maintain safety, improve parenting skills, 

19 and break intergenerational cycles of violence. 

20 ‘‘(2) TERM.—The Director shall make the 

21 grants under this section for a period of 2 fiscal 

22 years. 

23 ‘‘(3) AWARD BASIS.—The Director shall— 

24 ‘‘(A) consider the needs of underserved 

25 populations; 
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1 ‘‘(B) award not less than 7 percent of such 

2 amounts for the funding of tribal projects from 

3 the amounts made available under this section 

4 for a fiscal year; and 

5 ‘‘(C) award up to 8 percent for the funding 

6 of technical assistance programs from the 

7 amounts made available under this section for 

8 a fiscal year. 

9 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to carry out this section 

11 $7,000,000 for each of fiscal years 2006 through 2010. 

12 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive 

13 a grant under this section, an entity shall be a national, 

14 Federal, State, local, territorial, or tribal— 

15 ‘‘(1) home visitation program that provides 

16 services to pregnant women and to young children 

17 and their parent or primary caregiver that are pro18 vided in the permanent or temporary residence or in 

19 other familiar surroundings of the individual or fam20 ily receiving such services; or 

21 ‘‘(2) victim services organization or agency in 

22 collaboration with an organization or organizations 

23 listed in paragraph (1). 

24 ‘‘(d) GRANTEE REQUIREMENTS.—Under this section, 

25 an entity shall— 
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1 ‘‘(1) prepare and submit to the Director an ap2 plication at such time, in such manner, and con3 taining such information as the Director may re4 quire; and 

5 ‘‘(2) describe in the application the policies and 

6 procedures that the entity has or will adopt to— 

7 ‘‘(A) enhance or ensure the safety and se8 curity of children and their nonabusing parent 

9 in homes already experiencing domestic vio10 lence, dating violence, sexual assault, or stalk11 ing; 

12 ‘‘(B) ensure linguistically, culturally, and 

13 community relevant services for racial ethnic 

14 and other underserved communities; 

15 ‘‘(C) ensure the adequate training by do16 mestic violence, dating violence, sexual assault 

17 or stalking victim service providers of home visi18 tation grantee program staff to— 

19 ‘‘(i) safely screen for and/or recognize 

20 domestic violence, dating violence, sexual 

21 assault, and stalking; 

22 ‘‘(ii) understand the impact of domes23 tic violence or sexual assault on children 

24 and protective actions taken by a non25 abusing parent or caretaker in response to 
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1 violence against anyone in the household; 

2 and 

3 ‘‘(iii) link new parents with existing 

4 community resources in communities where 

5 resources exist; and 

6 ‘‘(D) ensure that relevant State and local 

7 domestic violence, dating violence, sexual as8 sault, and stalking victim service providers and 

9 coalitions are aware of the efforts of organiza10 tions receiving grants under this section, and 

11 are included as training partners, where pos12 sible. 

13 ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING 

14 DOMESTIC VIOLENCE, DATING VIOLENCE, 

15 SEXUAL ASSAULT, AND STALKING. 

16 ‘‘(a) GRANTS AUTHORIZED.— 

17 ‘‘(1) IN GENERAL.—The Attorney General, act18 ing through the Director of the Office on Violence 

19 Against Women, and in collaboration with the Ad20 ministration for Children, Youth, and Families of 

21 the Department of Health and Human Services, 

22 shall award grants on a competitive basis to eligible 

23 entities for the purpose of developing or enhancing 

24 programs related to engaging men and youth in pre25 venting domestic violence, dating violence, sexual as-
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1 sault, and stalking by helping them to develop mutu2 ally respectful, nonviolent relationships. 

3 ‘‘(2) TERM.—The Director shall make grants 

4 under this section for a period of 2 fiscal years. 

5 ‘‘(3) AWARD BASIS.—The Director shall award 

6 grants— 

7 ‘‘(A) considering the needs of underserved 

8 populations; 

9 ‘‘(B) awarding not less than 7 percent of 

10 such amounts for the funding of tribal projects 

11 from the amounts made available under this 

12 section for a fiscal year; and 

13 ‘‘(C) awarding up to 8 percent for the 

14 funding of technical assistance for grantees and 

15 non-grantees working in this area from the 

16 amounts made available under this section for 

17 a fiscal year. 

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 is authorized to be appropriated to carry out this section 

20 $10,000,000 for each of fiscal years 2006 through 2010. 

21 ‘‘(c) USE OF FUNDS.— 

22 ‘‘(1) PROGRAMS.—The funds appropriated 

23 under this section shall be used by eligible entities 

24 for— 
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1 ‘‘(A) to develop or enhance community2 based programs, including gender-specific pro3 grams in accordance with applicable laws 

4 that— 

5 ‘‘(i) encourage children and youth to 

6 pursue nonviolent relationships and reduce 

7 their risk of becoming victims or perpetra8 tors of domestic violence, dating violence, 

9 sexual assault, or stalking; and 

10 ‘‘(ii) that include at a minimum— 

11 ‘‘(I) information on domestic vio12 lence, dating violence, sexual assault, 

13 stalking, or child sexual abuse and 

14 how they affect children and youth; 

15 and 

16 ‘‘(II) strategies to help partici17 pants be as safe as possible; or 

18 ‘‘(B) create public education campaigns 

19 and community organizing to encourage men 

20 and boys to work as allies with women and girls 

21 to prevent violence against women and girls 

22 conducted by entities that have experience in 

23 conducting public education campaigns that ad24 dress domestic violence, dating violence, sexual 

25 assault, or stalking. 
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1 ‘‘(2) MEDIA LIMITS.—No more than 40 percent 

2 of funds received by a grantee under this section 

3 may be used to create and distribute media mate4 rials. 

5 ‘‘(d) ELIGIBLE ENTITIES.— 

6 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

7 subsection (c)(1)(A) are— 

8 ‘‘(A) nonprofit, nongovernmental domestic 

9 violence, dating violence, sexual assault, or 

10 stalking victim service providers or coalitions; 

11 ‘‘(B) community-based child or youth serv12 ices organizations with demonstrated experience 

13 and expertise in addressing the needs and con14 cerns of young people; 

15 ‘‘(C) a State, territorial, tribal, or unit of 

16 local governmental entity that is partnered with 

17 an organization described in subparagraph (A) 

18 or (B); or 

19 ‘‘(D) a program that provides culturally 

20 specific services. 

21 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

22 under subsection (c)(1)(B) are— 

23 ‘‘(A) nonprofit, nongovernmental organiza24 tions or coalitions that have a documented his25 tory of creating and administering effective 
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1 public education campaigns addressing the pre2 vention of domestic violence, dating violence, 

3 sexual assault or stalking; or 

4 ‘‘(B) a State, territorial, tribal, or unit of 

5 local governmental entity that is partnered with 

6 an organization described in subparagraph (A). 

7 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

8 an entity shall— 

9 ‘‘(1) prepare and submit to the Director an ap10 plication at such time, in such manner, and con11 taining such information as the Director may re12 quire; and 

13 ‘‘(2) describe in the application the policies and 

14 procedures that the entity has or will adopt to— 

15 ‘‘(A) enhance or ensure the safety and se16 curity of children and youth already experi17 encing domestic violence, dating violence, sexual 

18 assault, or stalking in their lives; 

19 ‘‘(B) ensure linguistically, culturally, and 

20 community relevant services for racial, ethnic, 

21 and other underserved communities; 

22 ‘‘(C) inform participants about laws, serv23 ices, and resources in the community, and make 

24 referrals as appropriate; and 
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1 ‘‘(D) ensure that State and local domestic 

2 violence, dating violence, sexual assault, and 

3 stalking victim service providers and coalitions 

4 are aware of the efforts of organizations receiv5 ing grants under this section.’’. 

6 SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DIS7 EASE CONTROL AND PREVENTION. 

8 (a) PURPOSES.—The Secretary of Health and 

9 Human Services acting through the National Center for 

10 Injury Prevention and Control at the Centers for Disease 

11 Control Prevention shall make grants to entities, including 

12 sexual assault coalitions and programs, research organiza13 tions, tribal organizations, and academic institutions to 

14 support research to examine prevention and intervention 

15 programs to further the understanding of sexual and do16 mestic violence by and against adults, youth, and children. 

17 (b) USE OF FUNDS.—The research conducted under 

18 this section shall include the following areas: 

19 (1) Evaluation and study of best practices for 

20 reducing and preventing violence against women and 

21 children addressed by the strategies included in this 

22 title, including strategies addressing racial, ethnic, 

23 and other underserved communities. 

24 (2) An evaluation of the efficacy and effective25 ness of interventions and policies targeting offenders 
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1 and potential offenders to prevent perpetration of 

2 sexual and domestic violence. 

3 (3) An examination of the social norms and 

4 family structure that support sexual and domestic 

5 violence and to evaluate strategies to change them. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 shall be authorized to be appropriated to carry out this 

8 title $2,000,000 for each of the fiscal years 2006 through 

9 2010. 

10 TITLE V—STRENGTHENING THE 

11 HEALTHCARE SYSTEM’S RE12 SPONSE TO DOMESTIC VIO13 LENCE, DATING VIOLENCE, 

14 SEXUAL ASSAULT, AND 

15 STALKING 

16 SEC. 501. FINDINGS. 

17 Congress makes the following findings: 

18 (1) The health-related costs of intimate partner 

19 violence in the United States exceed $5,800,000,000 

20 annually. 

21 (2) Thirty-seven percent of all women who 

22 sought care in hospital emergency rooms for vio23 lence-related injuries were injured by a current or 

24 former spouse, boyfriend, or girlfriend. 
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1 (3) In addition to injuries sustained during vio2 lent episodes, physical and psychological abuse is 

3 linked to a number of adverse physical and mental 

4 health effects. Women who have been abused are 

5 much more likely to suffer from chronic pain, diabe6 tes, depression, unintended pregnancies, substance 

7 abuse and sexually transmitted infections, including 

8 HIV/AIDS. 

9 (4) Health plans spend an average of $1,775 

10 more a year on abused women than on general en11 rollees. 

12 (5) Each year about 324,000 pregnant women 

13 in the United States are battered by the men in 

14 their lives. This battering leads to complications of 

15 pregnancy, including low weight gain, anemia, infec16 tions, and first and second trimester bleeding. 

17 (6) Pregnant and recently pregnant women are 

18 more likely to be victims of homicide than to die of 

19 any other pregnancy-related cause, and evidence ex20 ists that a significant proportion of all female homi21 cide victims are killed by their intimate partners. 

22 (7) Children who witness domestic violence are 

23 more likely to exhibit behavioral and physical health 

24 problems including depression, anxiety, and violence 

25 towards peers. They are also more likely to attempt 
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1 suicide, abuse drugs and alcohol, run away from 

2 home, engage in teenage prostitution, and commit 

3 sexual assault crimes. 

4 (8) Recent research suggests that women expe5 riencing domestic violence significantly increase their 

6 safety-promoting behaviors over the short- and long7 term when health care providers screen for, identify, 

8 and provide followup care and information to ad9 dress the violence. 

10 (9) Currently, only about 10 percent of primary 

11 care physicians routinely screen for intimate partner 

12 abuse during new patient visits and 9 percent rou13 tinely screen for intimate partner abuse during peri14 odic checkups. 

15 (10) Recent clinical studies have proven the ef16 fectiveness of a 2-minute screening for early detec17 tion of abuse of pregnant women. Additional longitu18 dinal studies have tested a 10-minute intervention 

19 that was proven highly effective in increasing the 

20 safety of pregnant abused women. Comparable re21 search does not yet exist to support the effectiveness 

22 of screening men. 

23 (11) Seventy to 81 percent of the patients stud24 ied reported that they would like their healthcare 
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1 providers to ask them privately about intimate part2 ner violence. 

3 SEC. 502. PURPOSE. 

4 It is the purpose of this title to improve the health 

5 care system’s response to domestic violence, dating vio6 lence, sexual assault, and stalking through the training 

7 and education of health care providers, developing com8 prehensive public health responses to violence against 

9 women and children, increasing the number of women 

10 properly screened, identified, and treated for lifetime expo11 sure to violence, and expanding research on effective inter12 ventions in the health care setting. 

13 SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFES14 SIONALS IN DOMESTIC AND SEXUAL VIO15 LENCE. 

16 Part D of title VII of the Public Health Service Act 

17 (42 U.S.C. 294 et seq.) is amended by adding at the end 

18 the following: 

19 ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION 

20 ON DOMESTIC VIOLENCE AND OTHER TYPES 

21 OF VIOLENCE AND ABUSE. 

22 ‘‘(a) GRANTS.—The Secretary, acting through the 

23 Director of the Health Resources and Services Adminis24 tration, shall award grants under this section to develop 

25 interdisciplinary training and education programs that 
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1 provide undergraduate, graduate, post-graduate medical, 

2 nursing (including advanced practice nursing students), 

3 and other health professions students with an under4 standing of, and clinical skills pertinent to, domestic vio5 lence, sexual assault, stalking, and dating violence. 

6 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

7 under this section an entity shall— 

8 ‘‘(1) be an accredited school of allopathic or os9 teopathic medicine; 

10 ‘‘(2) prepare and submit to the Secretary an 

11 application at such time, in such manner, and con12 taining such information as the Secretary may re13 quire, including— 

14 ‘‘(A) information to demonstrate that the 

15 applicant includes the meaningful participation 

16 of a school of nursing and at least one other 

17 school of health professions or graduate pro18 gram in public health, dentistry, social work, 

19 midwifery, or behavioral and mental health; 

20 ‘‘(B) strategies for the dissemination and 

21 sharing of curricula and other educational ma22 terials developed under the grant to other inter23 ested medical and nursing schools and national 

24 resource repositories for materials on domestic 

25 violence and sexual assault; and 
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1 ‘‘(C) a plan for consulting with, and com2 pensating community-based coalitions or indi3 viduals who have experience and expertise in 

4 issues related to domestic violence, sexual as5 sault, dating violence, and stalking for services 

6 provided under the program carried out under 

7 the grant. 

8 ‘‘(c) USE OF FUNDS.— 

9 ‘‘(1) REQUIRED USES.—Amounts provided 

10 under a grant under this section shall be used to— 

11 ‘‘(A) fund interdisciplinary training and 

12 education projects that are designed to train 

13 medical, nursing, and other health professions 

14 students and residents to identify and provide 

15 health care services (including mental or behav16 ioral health care services and referrals to appro17 priate community services) to individuals who 

18 are or who have experienced domestic violence, 

19 sexual assault, and stalking or dating violence; 

20 and 

21 ‘‘(B) plan and develop culturally competent 

22 clinical components for integration into ap23 proved residency training programs that ad24 dress health issues related to domestic violence, 

25 sexual assault, dating violence, and stalking, 
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1 along with other forms of violence as appro2 priate, and include the primacy of victim safety 

3 and confidentiality. 

4 ‘‘(2) PERMISSIVE USES.—Amounts provided 

5 under a grant under this section may be used to— 

6 ‘‘(A) offer community-based training op7 portunities in rural areas for medical, nursing, 

8 and other students and residents on domestic 

9 violence, sexual assault, stalking, and dating vi10 olence, and other forms of violence and abuse, 

11 which may include the use of distance learning 

12 networks and other available technologies need13 ed to reach isolated rural areas; or 

14 ‘‘(B) provide stipends to students from ra15 cial and ethnic population groups who are 

16 underrepresented in the health professions as 

17 necessary to promote and enable their partici18 pation in clerkships, preceptorships, or other 

19 offsite training experiences that are designed to 

20 develop health care clinical skills related to do21 mestic violence, sexual assault, dating violence, 

22 and stalking. 

23 ‘‘(3) REQUIREMENTS.— 

24 ‘‘(A) CONFIDENTIALITY AND SAFETY.— 

25 Grantees under this section shall ensure that all 
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1 educational programs developed with grant 

2 funds address issues of confidentiality and pa3 tient safety, and that faculty and staff associ4 ated with delivering educational components are 

5 fully trained in procedures that will protect the 

6 immediate and ongoing security of the patients, 

7 patient records, and staff. Advocacy-based coali8 tions or other expertise available in the commu9 nity shall be consulted on the development and 

10 adequacy of confidentially and security proce11 dures, and shall be fairly compensated by 

12 grantees for their services. 

13 ‘‘(B) RURAL PROGRAMS.—Rural training 

14 programs carried out under paragraph (2)(A) 

15 shall reflect adjustments in protocols and proce16 dures or referrals that may be needed to protect 

17 the confidentiality and safety of patients who 

18 live in small or isolated communities and who 

19 are currently or have previously experienced vio20 lence or abuse. 

21 ‘‘(4) CHILD AND ELDER ABUSE.—Issues related 

22 to child and elder abuse may be addressed as part 

23 of a comprehensive programmatic approach imple24 mented under a grant under this section. 

25 ‘‘(d) REQUIREMENTS OF GRANTEES.— 
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1 ‘‘(1) LIMITATION ON ADMINISTRATIVE EX2 PENSES.—A grantee shall not use more than 10 per3 cent of the amounts received under a grant under 

4 this section for administrative expenses. 

5 ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee 

6 under this section, and any entity receiving assist7 ance under the grant for training and education, 

8 shall contribute non-Federal funds, either directly or 

9 through in-kind contributions, to the costs of the ac10 tivities to be funded under the grant in an amount 

11 that is not less than 25 percent of the total cost of 

12 such activities. 

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

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

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

16 Amounts appropriated under this subsection shall remain 

17 available until expended.’’. 

18 SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES 

19 TO DOMESTIC VIOLENCE, DATING VIOLENCE, 

20 SEXUAL ASSAULT, AND STALKING GRANTS. 

21 Part P of title III of the Public Health Service Act 

22 (42 U.S.C. 280g et seq.) is amended by adding at the end 

23 the following: 
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1 ‘‘SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RE2 SPONSES TO DOMESTIC VIOLENCE, DATING 

3 VIOLENCE, SEXUAL ASSAULT, AND STALKING. 

4 ‘‘(a) AUTHORITY TO AWARD GRANTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary, acting 

6 through the Director of the Centers for Disease 

7 Control and Prevention, shall award grants to eligi8 ble State, tribal, territorial, or local entities to 

9 strengthen the response of State, tribal, territorial, 

10 or local health care systems to domestic violence, 

11 dating violence, sexual assault, and stalking. 

12 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re13 ceive a grant under this section, an entity shall— 

14 ‘‘(A) be— 

15 ‘‘(i) a State department (or other divi16 sion) of health, a State domestic or sexual 

17 assault coalition or service-based program, 

18 State law enforcement task force, or any 

19 other nonprofit, nongovernmental, tribal, 

20 territorial, or State entity with a history of 

21 effective work in the fields of domestic vio22 lence, dating violence, sexual assault or 

23 stalking, and health care; or 

24 ‘‘(ii) a local, nonprofit domestic vio25 lence, dating violence, sexual assault, or 

26 stalking service-based program, a local de-
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1 partment (or other division) of health, a 

2 local health clinic, hospital, or health sys3 tem, or any other nonprofit, tribal, or local 

4 entity with a history of effective work in 

5 the field of domestic or sexual violence and 

6 health; 

7 ‘‘(B) prepare and submit to the Secretary 

8 an application at such time, in such manner, 

9 and containing such agreements, assurances, 

10 and information as the Secretary determines to 

11 be necessary to carry out the purposes for 

12 which the grant is to be made; and 

13 ‘‘(C) demonstrate that the entity is rep14 resenting a team of organizations and agencies 

15 working collaboratively to strengthen the re16 sponse of the health care system involved to do17 mestic violence, dating violence, sexual assault, 

18 or stalking and that such team includes domes19 tic violence, dating violence, sexual assault or 

20 stalking and health care organizations. 

21 ‘‘(3) DURATION.—A program conducted under 

22 a grant awarded under this section shall not exceed 

23 2 years. 

24 ‘‘(b) USE OF FUNDS.— 
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1 ‘‘(1) IN GENERAL.—An entity shall use 

2 amounts received under a grant under this section to 

3 design and implement comprehensive strategies to 

4 improve the response of the health care system in5 volved to domestic or sexual violence in clinical and 

6 public health settings, hospitals, clinics, managed 

7 care settings (including behavioral and mental 

8 health), and other health settings. 

9 ‘‘(2) MANDATORY STRATEGIES.—Strategies im10 plemented under paragraph (1) shall include the fol11 lowing: 

12 ‘‘(A) The implementation, dissemination, 

13 and evaluation of policies and procedures to 

14 guide health care professionals and behavioral 

15 and public health staff in responding to domes16 tic violence, dating violence, sexual assault, and 

17 stalking, including strategies to ensure that 

18 health information is maintained in a manner 

19 that protects the patient’s privacy and safety 

20 and prohibits insurance discrimination. 

21 ‘‘(B) The development of on-site access to 

22 services to address the safety, medical, mental 

23 health, and economic needs of patients either by 

24 increasing the capacity of existing health care 

25 professionals and behavioral and public health 
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1 staff to address domestic violence, dating vio2 lence, sexual assault, and stalking, by con3 tracting with or hiring domestic or sexual as4 sault advocates to provide the services, or to 

5 model other services appropriate to the geo6 graphic and cultural needs of a site. 

7 ‘‘(C) The evaluation of practice and the in8 stitutionalization of identification, intervention, 

9 and documentation including quality improve10 ment measurements. 

11 ‘‘(D) The provision of training and fol12 lowup technical assistance to health care profes13 sionals, behavioral and public health staff, and 

14 allied health professionals to identify, assess, 

15 treat, and refer clients who are victims of do16 mestic violence, dating violence, sexual violence, 

17 or stalking. 

18 ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im19 plemented under paragraph (1) may include the fol20 lowing: 

21 ‘‘(A) Where appropriate, the development 

22 of training modules and policies that address 

23 the overlap of child abuse, domestic violence, 

24 dating violence, sexual assault, and stalking and 
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1 elder abuse as well as childhood exposure to do2 mestic violence. 

3 ‘‘(B) The creation, adaptation, and imple4 mentation of public education campaigns for 

5 patients concerning domestic violence, dating vi6 olence, sexual assault, and stalking prevention. 

7 ‘‘(C) The development, adaptation, and 

8 dissemination of domestic violence, dating vio9 lence, sexual assault, and stalking education 

10 materials to patients and health care profes11 sionals and behavioral and public health staff. 

12 ‘‘(D) The promotion of the inclusion of do13 mestic violence, dating violence, sexual assault, 

14 and stalking into health professional training 

15 schools, including medical, dental, nursing 

16 school, social work, and mental health cur17 riculum. 

18 ‘‘(E) The integration of domestic violence, 

19 dating violence, sexual assault, and stalking 

20 into health care accreditation and professional 

21 licensing examinations, such as medical, dental, 

22 social work, and nursing boards. 

23 ‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated 

24 under this section shall be distributed equally between 

25 State and local programs. 
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to award grants under 

3 this section, $5,000,000 for each of fiscal years 2006 

4 through 2010.’’. 

5 SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

6 THE HEALTHCARE SETTING. 

7 Subtitle B of the Violence Against Women Act of 

8 1994 (Public Law 103–322; 108 Stat. 1902 et seq.), as 

9 amended by the Violence Against Women Act of 2000 

10 (114 Stat. 1491 et seq.), and as amended by this Act, 

11 is further amended by adding at the end the following: 

12 ‘‘CHAPTER 11—RESEARCH ON EFFECTIVE 

13 INTERVENTIONS TO ADDRESS VIO14 LENCE AGAINST WOMEN 

15 ‘‘SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

16 THE HEALTH CARE SETTING. 

17 ‘‘(a) PURPOSE.—The Secretary, acting through the 

18 Director of the Centers for Disease Control and Preven19 tion and the Director of the Agency for Healthcare Re20 search and Quality, shall award grants and contracts to 

21 fund research on effective interventions in the health care 

22 setting that prevent domestic violence, dating violence, and 

23 sexual assault across the lifespan and that prevent the 

24 health effects of such violence and improve the safety and 

25 health of individuals who are currently being victimized. 
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1 ‘‘(b) USE OF FUNDS.—Research conducted with 

2 amounts received under a grant or contract under this sec3 tion shall include the following: 

4 ‘‘(1) With respect to the authority of the Cen5 ters for Disease Control and Prevention— 

6 ‘‘(A) research on the effects of domestic vi7 olence, dating violence, sexual assault, and 

8 childhood exposure to domestic, dating, or sex9 ual violence, on health behaviors, health condi10 tions, and the health status of individuals, fami11 lies, and populations; and 

12 ‘‘(B) research and testing of best messages 

13 and strategies to mobilize public and health 

14 care provider action concerning the prevention 

15 of domestic, dating, or sexual violence; and 

16 ‘‘(2) With respect to the authority of the Agen17 cy for Healthcare Research and Quality— 

18 ‘‘(A) research on the impact on the health 

19 care system, health care utilization, health care 

20 costs, and health status of domestic and dating 

21 violence and childhood exposure to domestic 

22 and dating violence; and 

23 ‘‘(B) research on effective interventions 

24 within primary care and emergency health care 

25 settings and with health care settings that in-
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1 clude clinical partnerships within community 

2 domestic violence providers for adults and chil3 dren exposed to domestic or dating violence. 

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

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

6 $5,000,000 for each of fiscal years 2006 through 2010.’’. 

7 TITLE VI—HOUSING OPPORTU8 NITIES AND SAFETY FOR BAT9 TERED WOMEN AND CHIL10 DREN 

11 SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS 

12 OF DOMESTIC VIOLENCE, DATING VIOLENCE, 

13 SEXUAL ASSAULT, AND STALKING. 

14 The Violence Against Women Act of 1994 (42 U.S.C. 

15 13701 et seq.) is amended by adding at the end the fol16 lowing: 

17 ‘‘Subtitle N—Addressing the Hous18 ing Needs of Victims of Domes19 tic Violence, Dating Violence, 

20 Sexual Assault, and Stalking 

21 ‘‘SEC. 41401. FINDINGS. 

22 ‘‘Congress finds that: 

23 ‘‘(1) There is a strong link between domestic vi24 olence and homelessness. Among cities surveyed, 44 
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1 percent identified domestic violence as a primary 

2 cause of homelessness. 

3 ‘‘(2) 92 percent of homeless women have experi4 enced severe physical or sexual abuse at some point 

5 in their lives. Of all homeless women and children, 

6 60 percent had been abused by age 12, and 63 per7 cent have been victims of intimate partner violence 

8 as adults. 

9 ‘‘(3) Women and families across the country 

10 are being discriminated against, denied access to, 

11 and even evicted from public and subsidized housing 

12 because of their status as victims of domestic vio13 lence. 

14 ‘‘(4) A recent survey of legal service providers 

15 around the country found that these providers have 

16 responded to almost 150 documented eviction cases 

17 in the last year alone where the tenant was evicted 

18 because of the domestic violence crimes committed 

19 against her. In addition, nearly 100 clients were de20 nied housing because of their status as victims of 

21 domestic violence. 

22 ‘‘(5) Women who leave their abusers frequently 

23 lack adequate emergency shelter options. The lack of 

24 adequate emergency options for victims presents a 

25 serious threat to their safety and the safety of their 
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1 children. Requests for emergency shelter by home2 less women with children increased by 78 percent of 

3 United States cities surveyed in 2004. In the same 

4 year, 32 percent of the requests for shelter by home5 less families went unmet due to the lack of available 

6 emergency shelter beds. 

7 ‘‘(6) The average stay at an emergency shelter 

8 is 60 days, while the average length of time it takes 

9 a homeless family to secure housing is 6 to 10 

10 months. 

11 ‘‘(7) Victims of domestic violence often return 

12 to abusive partners because they cannot find long13 term housing. 

14 ‘‘(8) There are not enough Federal housing 

15 rent vouchers available to accommodate the number 

16 of people in need of long-term housing. Some people 

17 remain on the waiting list for Federal housing rent 

18 vouchers for years, while some lists are closed. 

19 ‘‘(9) Transitional housing resources and serv20 ices provide an essential continuum between emer21 gency shelter provision and independent living. A 

22 majority of women in transitional housing programs 

23 stated that had these programs not existed, they 

24 would have likely gone back to abusive partners. 
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1 ‘‘(10) Because abusers frequently manipulate fi2 nances in an effort to control their partners, victims 

3 often lack steady income, credit history, landlord ref4 erences, and a current address, all of which are nec5 essary to obtain long-term permanent housing. 

6 ‘‘(11) Victims of domestic violence in rural 

7 areas face additional barriers, challenges, and 

8 unique circumstances, such as geographical isolation, 

9 poverty, lack of public transportation systems, short10 ages of health care providers, under-insurance or 

11 lack of health insurance, difficulty ensuring con12 fidentiality in small communities, and decreased ac13 cess to many resources (such as advanced education, 

14 job opportunities, and adequate childcare). 

15 ‘‘(12) Congress and the Secretary of Housing 

16 and Urban Development have recognized in recent 

17 years that families experiencing domestic violence 

18 have unique needs that should be addressed by those 

19 administering the Federal housing programs. 

20 ‘‘SEC. 41402. PURPOSE. 

21 ‘‘The purpose of this subtitle is to reduce domestic 

22 violence, dating violence, sexual assault, and stalking, and 

23 to prevent homelessness by— 

24 ‘‘(1) protecting the safety of victims of domestic 

25 violence, dating violence, sexual assault, and stalking 
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1 who reside in homeless shelters, public housing, as2 sisted housing, Indian housing, or other emergency, 

3 transitional, permanent, or affordable housing, and 

4 ensuring that such victims have meaningful access to 

5 the criminal justice system without jeopardizing such 

6 housing; 

7 ‘‘(2) creating long-term housing solutions that 

8 develop communities and provide sustainable living 

9 solutions for victims of domestic violence, dating vio10 lence, sexual assault, and stalking; 

11 ‘‘(3) building collaborations between victim 

12 service providers, homeless service providers, housing 

13 providers, and housing agencies to provide appro14 priate services, interventions, and training to ad15 dress the housing needs of victims of domestic vio16 lence, dating violence, sexual assault, and stalking; 

17 and 

18 ‘‘(4) enabling public and assisted housing agen19 cies, Indian housing authorities, private landlords, 

20 property management companies, and other housing 

21 providers and agencies to respond appropriately to 

22 domestic violence, dating violence, sexual assault, 

23 and stalking, while maintaining a safe environment 

24 for all housing residents. 
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1 ‘‘SEC. 41403. DEFINITIONS. 

2 ‘‘For purposes of this subtitle— 

3 ‘‘(1) the term ‘assisted housing’ means housing 

4 assisted— 

5 ‘‘(A) under section 221(d)(3), section 

6 221(d)(4), or section 236 of the National Hous7 ing Act (12 U.S.C. 1715l(d)(3), (d)(4), or 

8 1715z–1); 

9 ‘‘(B) under section 101 of the Housing 

10 and Urban Development Act of 1965 (12 

11 U.S.C. 1701s); or 

12 ‘‘(C) under section 8 of the United States 

13 Housing Act of 1937 (42 U.S.C. 1437f); 

14 ‘‘(2) the term ‘continuum of care’ means a com15 munity plan developed to organize and deliver hous16 ing and services to meet the specific needs of people 

17 who are homeless as they move to stable housing 

18 and achieve maximum self-sufficiency; 

19 ‘‘(3) the term ‘Indian housing’ means housing 

20 assistance described in the Native American Hous21 ing Assistance and Self-Determination Act of 1996 

22 (25 U.S.C. 4101 et seq.); 

23 ‘‘(4) the term ‘low-income housing assistance 

24 voucher’ means housing assistance described in sec25 tion 8 of the United States Housing Act of 1937 (42 

26 U.S.C. 1437f); 
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1 ‘‘(5) the term ‘public housing’ means housing 

2 described in section 3(b)(1) of the United States 

3 Housing Act of 1937 (42 U.S.C. 1437a(b)(1)); 

4 ‘‘(6) the term ‘public housing agency’ means an 

5 agency described in section 3(b)(6) of the United 

6 States Housing Act of 1937 (42 U.S.C. 

7 1437a(b)(6)); 

8 ‘‘(7) the terms ‘homeless’, ‘homeless individual’, 

9 and ‘homeless person’— 

10 ‘‘(A) mean an individual who lacks a fixed, 

11 regular, and adequate nighttime residence; and 

12 ‘‘(B) includes— 

13 ‘‘(i) an individual who— 

14 ‘‘(I) is sharing the housing of 

15 other persons due to loss of housing, 

16 economic hardship, or a similar rea17 son; 

18 ‘‘(II) is living in a motel, hotel, 

19 trailer park, or campground due to 

20 the lack of alternative adequate ac21 commodations; 

22 ‘‘(III) is living in an emergency 

23 or transitional shelter; 

24 ‘‘(IV) is abandoned in a hospital; 

25 or 
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1 ‘‘(V) is awaiting foster care 

2 placement; 

3 ‘‘(ii) an individual who has a primary 

4 nighttime residence that is a public or pri5 vate place not designed for or ordinarily 

6 used as a regular sleeping accommodation 

7 for human beings; or 

8 ‘‘(iii) migratory children (as defined in 

9 section 1309 of the Elementary and Sec10 ondary Education Act of 1965; 20 U.S.C. 

11 6399) who qualify as homeless under this 

12 section because the children are living in 

13 circumstances described in this paragraph; 

14 and 

15 ‘‘(8) the term ‘homeless service provider’ means 

16 a nonprofit, nongovernmental homeless service pro17 vider, such as a homeless shelter, a homeless service 

18 or advocacy program, a tribal organization serving 

19 homeless individuals, or coalition or other nonprofit, 

20 nongovernmental organization carrying out a com21 munity-based homeless or housing program that has 

22 a documented history of effective work concerning 

23 homelessness. 
155 

•S 1197 RS 

1 ‘‘SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG2 TERM HOUSING FOR VICTIMS. 

3 ‘‘(a) GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—The Secretary of Health 

5 and Human Services, acting through the Adminis6 tration on Children, Youth and Families (‘ACYF’), 

7 and in consultation with the Secretary of Housing 

8 and Urban Development, shall award grants and 

9 contracts for a period of not less than 2 years to eli10 gible entities to develop long-term housing options 

11 for adult and youth victims of domestic violence, 

12 dating violence, sexual assault, and stalking who are 

13 currently homeless or at risk for becoming homeless. 

14 ‘‘(2) AMOUNT.—The Secretary of Health and 

15 Human Services shall award— 

16 ‘‘(A) grants for projects that do not in17 clude the cost of construction in amounts— 

18 ‘‘(i) not less than $25,000 per year; 

19 and 

20 ‘‘(ii) not more than $350,000 per 

21 year; and 

22 ‘‘(B) grants for projects that do include 

23 the cost of construction in amounts— 

24 ‘‘(i) not less than $75,000 per year; 

25 and 
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•S 1197 RS 

1 ‘‘(ii) not more than $1,000,000 per 

2 year. 

3 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

4 a grant under this section, an entity shall demonstrate 

5 that it is a coalition or partnership, applying jointly, 

6 that— 

7 ‘‘(1) shall include a domestic violence victim 

8 service provider; 

9 ‘‘(2) shall include— 

10 ‘‘(A) a homeless service provider; 

11 ‘‘(B) a nonprofit, nongovernmental com12 munity housing development organization or a 

13 Department of Agriculture rural housing service 

14 program; or 

15 ‘‘(C) in the absence of a homeless service 

16 provider on tribal lands or nonprofit, non17 governmental community housing development 

18 organization on tribal lands, an Indian housing 

19 authority or tribal housing consortium; 

20 ‘‘(3) may include a dating violence, sexual as21 sault, or stalking victim service provider; 

22 ‘‘(4) may include housing developers, housing 

23 corporations, State housing finance agencies, other 

24 housing agencies, and associations representing 

25 landlords; 
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•S 1197 RS 

1 ‘‘(5) may include a public housing agency or In2 dian housing authority; 

3 ‘‘(6) may include tenant organizations in public 

4 or Indian housing, as well as nonprofit, nongovern5 mental tenant organizations; 

6 ‘‘(7) may include other nonprofit, nongovern7 mental organizations participating in the Depart8 ment of Housing and Urban Development’s Con9 tinuum of Care process; 

10 ‘‘(8) may include a State, tribal, territorial, or 

11 local government or government agency; and 

12 ‘‘(9) may include any other such agencies or 

13 nonprofit, nongovernmental organizations with the 

14 capacity to provide effective help to adult and youth 

15 victims of domestic violence, dating violence, sexual 

16 assault, or stalking. 

17 ‘‘(c) APPLICATION.— 

18 ‘‘(1) IN GENERAL.—Each eligible entity seeking 

19 a grant under this section shall submit an applica20 tion to the Secretary of Health and Human Services 

21 at such time, in such manner, and containing such 

22 information as the Secretary of Health and Human 

23 Services may require. 

24 ‘‘(2) CONTENTS.—Each application shall be 

25 submitted to the Secretary at such time, in such 
158 

•S 1197 RS 

1 manner, and containing such information as the Sec2 retary may require. 

3 ‘‘(d) USE OF FUNDS.—Grants and contracts awarded 

4 to eligible entities pursuant to subsection (a) shall be used 

5 to design or replicate and implement new activities, serv6 ices, and programs to develop long-term housing options 

7 for adult and youth victims of domestic violence, dating 

8 violence, sexual assault, or stalking, and their dependents, 

9 who are currently homeless or at risk of becoming home10 less. Such activities, services, or programs— 

11 ‘‘(1) shall participate in the Department of 

12 Housing and Urban Development’s Continuum of 

13 Care process, unless such a process does not exist in 

14 the community to be served; 

15 ‘‘(2) shall develop sustainable long-term housing 

16 in the community by— 

17 ‘‘(A) coordinating efforts and resources 

18 among the various groups and organizations 

19 comprised in the entity to access existing pri20 vate and public funding; 

21 ‘‘(B) placing individuals and families in 

22 long-term housing; and 

23 ‘‘(C) providing services to help individuals 

24 or families find and maintain long-term hous25 ing, including financial and support assistance; 
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•S 1197 RS 

1 ‘‘(3) may provide capital costs for the purchase, 

2 preconstruction, construction, renovation, repair, or 

3 conversion of affordable housing units; 

4 ‘‘(4) may use funds for the continuing oper5 ation, upkeep, maintenance, and use of housing de6 scribed in paragraph (3); and 

7 ‘‘(5) may provide to the community information 

8 about housing and housing programs, and the proc9 ess to locate and obtain long-term housing. 

10 ‘‘(e) UNDERSERVED POPULATIONS AND PRIOR11 ITIES.—In awarding grants under this section, the Sec12 retary of Health and Human Services, acting through the 

13 ACYF, shall— 

14 ‘‘(1) give priority to linguistically and culturally 

15 specific services; 

16 ‘‘(2) give priority to applications from entities 

17 that include a sexual assault service provider as de18 scribed in subsection (b)(3); 

19 ‘‘(3) award a minimum of 15 percent of the 

20 funds appropriated under this section in any fiscal 

21 year to tribal organizations; and 

22 ‘‘(4) ensure that at least 2 of the grants award23 ed must fund projects that include construction con24 sistent with the purposes in subsection (a)(i). 

25 ‘‘(f) DEFINITIONS.—For purposes of this section— 
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1 ‘‘(1) the term ‘long-term housing’ means hous2 ing that is sustainable, accessible, affordable, and 

3 safe for the foreseeable future and is— 

4 ‘‘(A) rented or owned by the individual; 

5 ‘‘(B) subsidized by a voucher or other pro6 gram which is not time-limited and is available 

7 for as long as the individual meets the eligibility 

8 requirements for the voucher or program; or 

9 ‘‘(C) provided directly by a program, agen10 cy, or organization and is not time-limited and 

11 is available for as long as the individual meets 

12 the eligibility requirements for the program, 

13 agency, or organization; and 

14 ‘‘(2) the term ‘affordable housing’ means hous15 ing that complies with the conditions set forth in 

16 section 215 of the Cranston-Gonzalez National Af17 fordable Housing Act (42 U.S.C. 12745). 

18 ‘‘(g) EVALUATION, MONITORING, ADMINISTRATION, 

19 AND TECHNICAL ASSISTANCE.—For purposes of this sec20 tion— 

21 ‘‘(1) up to 3 percent of the funds appropriated 

22 under subsection (h) for each fiscal year may be 

23 used by the Secretary of Health and Human Serv24 ices for evaluation, monitoring, and administration 

25 costs under this section; and 
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•S 1197 RS 

1 ‘‘(2) up to 8 percent of the funds appropriated 

2 under subsection (h) for each fiscal year may be 

3 used to provide technical assistance to grantees 

4 under this section. 

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

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

7 of fiscal years 2006 through 2010 to carry out the provi8 sions of this section. 

9 ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST 

10 WOMEN IN PUBLIC AND ASSISTED HOUSING. 

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

12 assist eligible grantees in responding appropriately to do13 mestic violence, dating violence, sexual assault, and stalk14 ing so that the status of being a victim of such a crime 

15 is not a reason for the denial or loss of housing. Such 

16 assistance shall be accomplished through— 

17 ‘‘(1) education and training of eligible entities; 

18 ‘‘(2) development and implementation of appro19 priate housing policies and practices; 

20 ‘‘(3) enhancement of collaboration with victim 

21 service providers and tenant organizations; and 

22 ‘‘(4) reduction of the number of victims of such 

23 crimes who are evicted or denied housing because of 

24 crimes and lease violations committed or directly 

25 caused by the perpetrators of such crimes. 
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•S 1197 RS 

1 ‘‘(b) GRANTS AUTHORIZED.— 

2 ‘‘(1) IN GENERAL.—The Attorney General, act3 ing through the Director of the Violence Against 

4 Women Office of the Department of Justice (‘Direc5 tor’), and in consultation with the Secretary of 

6 Housing and Urban Development (‘Secretary’), and 

7 the Secretary of Health and Human Services, acting 

8 through the Administration for Children, Youth and 

9 Families (‘ACYF’), shall award grants and contracts 

10 for not less than 2 years to eligible grantees to pro11 mote the full and equal access to and use of housing 

12 by adult and youth victims of domestic violence, dat13 ing violence, sexual assault, and stalking. 

14 ‘‘(2) AMOUNTS.—Not less than 15 percent of 

15 the funds appropriated to carry out this section shall 

16 be available for grants to Indian housing authorities. 

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

18 shall award grants and contracts under this section 

19 on a competitive basis. 

20 ‘‘(4) LIMITATION.—Appropriated funds may 

21 only be used for the purposes described in sub22 sections (f) and (i). 

23 ‘‘(c) ELIGIBLE GRANTEES.— 

24 ‘‘(1) IN GENERAL.—Eligible grantees are— 

25 ‘‘(A) public housing agencies; 
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•S 1197 RS 

1 ‘‘(B) principally managed public housing 

2 resident management corporations, as deter3 mined by the Secretary; 

4 ‘‘(C) public housing projects owned by 

5 public housing agencies; 

6 ‘‘(D) agencies and authorities receiving as7 sistance under the Native American Housing 

8 Assistance and Self-Determination Act of 1996 

9 (25 U.S.C. 4101 et seq.); and 

10 ‘‘(E) private, for-profit, and nonprofit own11 ers or managers of assisted housing. 

12 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT13 EES.—To receive assistance under this section, an 

14 eligible grantee shall certify that— 

15 ‘‘(A) its policies and practices do not pro16 hibit or limit a resident’s right to summon po17 lice or other emergency assistance in response 

18 to domestic violence, dating violence, sexual as19 sault, or stalking; 

20 ‘‘(B) programs and services are developed 

21 that give a preference in admission to adult and 

22 youth victims of such violence, consistent with 

23 local housing needs, and applicable law and the 

24 Secretary’s instructions; 
164 

•S 1197 RS 

1 ‘‘(C) it does not discriminate against any 

2 person— 

3 ‘‘(i) because that person is or is per4 ceived to be, or has a family or household 

5 member who is or is perceived to be, a vic6 tim of such violence; or 

7 ‘‘(ii) because of the actions or threat8 ened actions of the individual who the vic9 tim, as certified in subsection (e), states 

10 has committed or threatened to commit 

11 acts of such violence against the victim, or 

12 against the victim’s family or household 

13 member; 

14 ‘‘(D) plans are developed that establish 

15 meaningful consultation and coordination with 

16 local victim service providers, tenant organiza17 tions, linguistically and culturally specific serv18 ice providers, State domestic violence and sex19 ual assault coalitions, and, where they exist, 

20 tribal domestic violence and sexual assault coa21 litions; and 

22 ‘‘(E) its policies and practices will be in 

23 compliance with those described in this para24 graph within the later of 1 year or a period se-
165 

•S 1197 RS 

1 lected by the Attorney General in consultation 

2 with the Secretary and ACYF. 

3 ‘‘(d) APPLICATION.—Each eligible entity seeking a 

4 grant under this section shall submit an application to the 

5 Attorney General at such a time, in such a manner, and 

6 containing such information as the Attorney General may 

7 require. 

8 ‘‘(e) CERTIFICATION.— 

9 ‘‘(1) IN GENERAL.—A public housing agency, 

10 Indian housing authority, or assisted housing pro11 vider receiving funds under this section may request 

12 that an individual claiming relief under this section 

13 certify that the individual is a victim of domestic vio14 lence, dating violence, sexual assault, or stalking. 

15 The individual shall provide a copy of such certifi16 cation to the public housing agency, Indian housing 

17 authority, or assisted housing provider within a rea18 sonable period of time after the agency or authority 

19 requests such certification. 

20 ‘‘(2) CONTENTS.—An individual may satisfy the 

21 certification requirement of paragraph (1) by— 

22 ‘‘(A) providing the public housing agency, 

23 Indian housing authority, or assisted housing 

24 provider with documentation, signed by an em25 ployee, agent, or volunteer of a victim service 
166 

•S 1197 RS 

1 provider, an attorney, a member of the clergy, 

2 a medical professional, or any other professional 

3 from whom the victim has sought assistance in 

4 addressing domestic violence, dating violence, 

5 sexual assault, or stalking, or the effects of 

6 abuse; or 

7 ‘‘(B) producing a Federal, State, tribal, 

8 territorial, or local police or court record. 

9 ‘‘(3) LIMITATION.—Nothing in this subsection 

10 shall be construed to require any housing agency, as11 sisted housing provider, Indian housing authority, 

12 owner, or manager to demand that an individual 

13 produce official documentation or physical proof of 

14 the individual’s status as a victim of domestic vio15 lence, dating violence, sexual assault, or stalking, in 

16 order to receive any of the benefits provided in this 

17 section. A housing authority may provide benefits to 

18 an individual based solely on the individual’s state19 ment or other corroborating evidence. 

20 ‘‘(4) CONFIDENTIALITY.— 

21 ‘‘(A) IN GENERAL.—All information pro22 vided to any housing agency, assisted housing 

23 provider, Indian housing authority, owner, or 

24 manager pursuant to paragraph (1), including 

25 the fact that an individual is a victim of domes-
167 

•S 1197 RS 

1 tic violence, dating violence, sexual assault, or 

2 stalking, shall be retained in the strictest con3 fidence by such housing authority, and shall 

4 neither be entered into any shared database, 

5 nor provided to any related housing agency, as6 sisted housing provider, Indian housing author7 ity, owner, or manager, except to the extent 

8 that disclosure is— 

9 ‘‘(i) requested or consented to by the 

10 individual in writing; or 

11 ‘‘(ii) otherwise required by applicable 

12 law. 

13 ‘‘(B) NOTIFICATION.—An individual shall 

14 be notified of the limits of such confidentiality 

15 and informed in advance about circumstances 

16 in which the housing agency, assisted housing 

17 provider, Indian housing authority, owner, or 

18 manager will be compelled to disclose the indi19 vidual’s information. 

20 ‘‘(f) USE OF FUNDS.—Grants and contracts awarded 

21 pursuant to subsection (a) shall provide to eligible entities 

22 personnel, training, and technical assistance to develop 

23 and implement policies, practices, and procedures, making 

24 physical improvements or changes, and developing or en25 hancing collaborations for the purposes of— 
168 

•S 1197 RS 

1 ‘‘(1) enabling victims of domestic violence, dat2 ing violence, sexual assault, and stalking with other3 wise disqualifying rental, credit, or criminal histories 

4 to be eligible to obtain housing or housing assist5 ance, if such victims would otherwise qualify for 

6 housing or housing assistance and can provide docu7 mented evidence that demonstrates the causal con8 nection between such violence or abuse and the vic9 tims’ negative histories; 

10 ‘‘(2) permitting applicants for housing or hous11 ing assistance to provide incomplete rental and em12 ployment histories, otherwise required as a condition 

13 of admission or assistance, if the victim believes that 

14 providing such rental and employment history would 

15 endanger the victim’s or the victim children’s safety; 

16 ‘‘(3) protecting victims’ confidentiality, includ17 ing protection of victims’ personally identifying in18 formation, address, or rental history; 

19 ‘‘(4) assisting victims who need to leave a pub20 lic housing, Indian housing, or assisted housing unit 

21 quickly to protect their safety, including those who 

22 are seeking transfer to a new public housing unit, 

23 Indian housing unit, or assisted housing unit, wheth24 er in the same or a different neighborhood or juris25 diction; 
169 

•S 1197 RS 

1 ‘‘(5) enabling the public housing agency, Indian 

2 housing authority, or assisted housing provider, or 

3 the victim, to remove, consistent with applicable 

4 State law, the perpetrator of domestic violence, dat5 ing violence, sexual assault, or stalking without 

6 evicting, removing, or otherwise penalizing the vic7 tim; 

8 ‘‘(6) enabling the public housing agency, Indian 

9 housing authority, or assisted housing provider to 

10 comply with court orders, including civil protection 

11 orders issued to protect the victim, when notified 

12 and issued to address the distribution or possession 

13 of property among the household members in cases 

14 where a family breaks up; 

15 ‘‘(7) developing and implementing more effec16 tive security policies, protocols, and services; 

17 ‘‘(8) allotting not more than 15 percent of 

18 funds awarded under the grant to make physical im19 provements; 

20 ‘‘(9) training all personnel to more effectively 

21 identify and respond to victims of domestic violence, 

22 dating violence, sexual assault, and stalking; and 

23 ‘‘(10) effectively providing notice to applicants 

24 and residents of the above housing policies, prac25 tices, and procedures. 
170 

•S 1197 RS 

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

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

3 of fiscal years 2006 through 2010 to carry out the provi4 sions of this section. 

5 ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of 

6 the amount appropriated under subsection (g) for each fis7 cal year shall be used by the Attorney General for tech8 nical assistance costs under this section.’’. 

9 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

10 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT11 ING VIOLENCE, SEXUAL ASSAULT, OR STALK12 ING. 

13 (a) IN GENERAL.—Section 40299 of the Violence 

14 Against Women Act of 1994 (42 U.S.C. 13975) is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) by inserting ‘‘the Department of Hous18 ing and Urban Development, and the Depart19 ment of Health and Human Services,’’ after 

20 ‘‘Department of Justice,’’; 

21 (B) by inserting ‘‘, including domestic vio22 lence victim service providers, domestic violence 

23 coalitions, other nonprofit, nongovernmental or24 ganizations, or community-based and culturally 

25 specific organizations, that have a documented 
171 

•S 1197 RS 

1 history of effective work concerning domestic vi2 olence, dating violence, sexual assault, or stalk3 ing’’ after ‘‘other organizations’’; and 

4 (C) in paragraph (1), by inserting ‘‘, dat5 ing violence, sexual assault, or stalking’’ after 

6 ‘‘domestic violence’’; 

7 (2) in subsection (b)— 

8 (A) by redesignating paragraphs (1) and 

9 (2) as paragraphs (2) and (3), respectively; 

10 (B) in paragraph (3), as redesignated, by 

11 inserting ‘‘, dating violence, sexual assault, or 

12 stalking’’ after ‘‘violence’’; 

13 (C) by inserting before paragraph (2), as 

14 redesignated, the following: 

15 ‘‘(1) transitional housing, or acquire land or 

16 buildings, or rehabilitate or construct buildings for 

17 the purpose of providing transitional housing to per18 sons described in subsection (a), including funding 

19 for— 

20 ‘‘(A) the predevelopment cost and capital 

21 expenses involved in the development of transi22 tional housing; and 

23 ‘‘(B) the operating expenses of newly de24 veloped or existing transitional housing.’’; and 
172 

•S 1197 RS 

1 (D) in paragraph (3)(B) as redesignated, 

2 by inserting ‘‘Participation in the support serv3 ices shall be voluntary. Receipt of the benefits 

4 of the housing assistance described in para5 graph (2) shall not be conditioned upon the 

6 participation of the youth, adults, or their de7 pendents in any or all of the support services 

8 offered them.’’ after ‘‘assistance.’’; 

9 (3) in paragraph (1) of subsection (c), by strik10 ing ‘‘18 months’’ and inserting ‘‘24 months’’; 

11 (4) in subsection (d)(2)— 

12 (A) by striking ‘‘and’’ at the end of sub13 paragraph (A); 

14 (B) by redesignating subparagraph (B) as 

15 subparagraph (C); and 

16 (C) by inserting after subparagraph (A) 

17 the following: 

18 ‘‘(B) provide assurances that any sup19 portive services offered to participants in pro20 grams developed under subsection (b)(3) are 

21 voluntary and that refusal to receive such serv22 ices shall not be grounds for termination from 

23 the program or eviction from the victim’s hous24 ing; and’’; 

25 (5) in subsection (e)(2)— 
173 

•S 1197 RS 

1 (A) in subparagraph (A), by inserting 

2 ‘‘purpose and’’ before ‘‘amount’’; 

3 (B) in clause (ii) of subparagraph (C), by 

4 striking ‘‘and’’; 

5 (C) in subparagraph (D), by striking the 

6 period and inserting ‘‘; and’’; and 

7 (D) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(E) the client population served and the 

10 number of individuals requesting services that 

11 the transitional housing program is unable to 

12 serve as a result of a lack of resources.’’; and 

13 (6) in subsection (g)— 

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

15 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’; 

16 (B) in paragraph (1), by striking ‘‘2004’’ 

17 and inserting ‘‘2006’’; 

18 (C) in paragraph (1), by striking ‘‘2008.’’ 

19 and inserting ‘‘2010’’; 

20 (D) in paragraph (2), by striking ‘‘not 

21 more than 3 percent’’ and inserting ‘‘up to 5 

22 percent’’; 

23 (E) in paragraph (2), by inserting ‘‘evalua24 tion, monitoring, technical assistance,’’ before 

25 ‘‘salaries’’; and 
174 

•S 1197 RS 

1 (F) in paragraph (3), by adding at the end 

2 the following new subparagraphs: 

3 ‘‘(C) UNDERSERVED POPULATIONS.— 

4 ‘‘(i) A minimum of 7 percent of the 

5 total amount appropriated in any fiscal 

6 year shall be allocated to tribal organiza7 tions serving adult and youth victims of 

8 domestic violence, dating violence, sexual 

9 assault, or stalking, and their dependents. 

10 ‘‘(ii) Priority shall be given to projects 

11 developed under subsection (b) that pri12 marily serve racial, ethnic, or other under13 served populations.’’. 

14 SEC. 603. PUBLIC AND INDIAN HOUSING AUTHORITY PLANS 

15 REPORTING REQUIREMENT. 

16 Section 5A of the United States Housing Act of 1937 

17 (42 U.S.C. 1437c–1) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘para20 graph (2)’’ and inserting ‘‘paragraph (3)’’; 

21 (B) by redesignating paragraph (2) as 

22 paragraph (3); and 

23 (C) by inserting after paragraph (1) the 

24 following: 
175 

•S 1197 RS 

1 ‘‘(2) STATEMENT OF GOALS.—The 5-year plan 

2 shall include a statement by any public housing 

3 agency or Indian housing authority of the goals, ob4 jectives, policies, or programs that will enable the 

5 housing authority to serve the needs of child and 

6 adult victims of domestic violence, dating violence, 

7 sexual assault, or stalking.’’; 

8 (2) in subsection (d), by redesignating para9 graphs (13), (14), (15), (16), (17), and (18), as 

10 paragraphs (14), (15), (16), (17), (18), and (19), re11 spectively; and 

12 (3) by inserting after paragraph (12) the fol13 lowing: 

14 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, 

15 SEXUAL ASSAULT, OR STALKING PROGRAMS.—A de16 scription of— 

17 ‘‘(A) any activities, services, or programs 

18 provided or offered by an agency, either directly 

19 or in partnership with other service providers, 

20 to child or adult victims of domestic violence, 

21 dating violence, sexual assault, or stalking; 

22 ‘‘(B) any activities, services, or programs 

23 provided or offered by a public housing agency 

24 or Indian housing authority that helps child 

25 and adult victims of domestic violence, dating 
176 

•S 1197 RS 

1 violence, sexual assault, or stalking, to obtain or 

2 maintain housing; and 

3 ‘‘(C) any activities, services, or programs 

4 provided or offered by a public housing agency 

5 or Indian housing authority to prevent domestic 

6 violence, dating violence, sexual assault, and 

7 stalking, or to enhance victim safety in assisted 

8 families.’’. 

9 SEC. 604. HOUSING STRATEGIES. 

10 Section 105(b)(1) of the Cranston-Gonzalez National 

11 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is 

12 amended by inserting after ‘‘immunodeficiency syn13 drome,’’ the following: ‘‘victims of domestic violence, dat14 ing violence, sexual assault, and stalking’’. 

15 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME16 LESS ASSISTANCE ACT. 

17 Section 423 of the Stewart B. McKinney Homeless 

18 Assistance Act (42 U.S.C. 11383) is amended— 

19 (1) by adding at the end of subsection (a) the 

20 following: 

21 ‘‘(8) CONFIDENTIALITY.— 

22 ‘‘(A) IN GENERAL.—In the course of 

23 awarding grants or implementing programs 

24 under this subsection, the Secretary shall in25 struct any recipient or subgrantee not to dis-
177 

•S 1197 RS 

1 close to any person, agency, or entity any per2 sonally identifying information about any client 

3 where the Secretary, recipient, or subgrantee 

4 believes based upon reasonable evidence that 

5 the client is either a child or an adult victim of 

6 domestic violence, dating violence, sexual as7 sault, or stalking, or is the parent or guardian 

8 of a child victim of domestic violence, dating vi9 olence, sexual assault, or stalking. The Sec10 retary shall not require or ask a recipient or 

11 subgrantee of any other Federal or State pro12 gram to disclose personally identifying informa13 tion about any clients where the persons, agen14 cies, or entities implementing those programs 

15 believe, based upon reasonable evidence, that 

16 those clients either are child or adult victims of 

17 domestic violence, dating violence, sexual as18 sault, or stalking or are the parents or guard19 ians of child victims of domestic violence, dating 

20 violence, sexual assault, or stalking. The Sec21 retary shall instruct any recipient or subgrantee 

22 under this subsection or any recipient or sub23 grantee of any other Federal or State program 

24 participating in the Homeless Management In25 formation System that personally identifying in-
178 

•S 1197 RS 

1 formation about any client may only be dis2 closed if the program seeking to disclose such 

3 information has obtained informed, reasonably 

4 time-limited, written consent from the client to 

5 whom the information relates. The Secretary 

6 may require or ask any recipient or subgrantee 

7 to share nonpersonally identifying data in the 

8 aggregate regarding services to clients and non9 personally identifying demographic information 

10 in order to comply with the data collection re11 quirements of the Homeless Management Infor12 mation System. 

13 ‘‘(B) PERSONALLY IDENTIFYING INFORMA14 TION OR PERSONAL INFORMATION.—The term 

15 ‘personally identifying information’ or ‘personal 

16 information’ means individually identifying in17 formation for or about an individual including 

18 information likely to disclose the location of a 

19 victim of domestic violence, dating violence, sex20 ual assault, or stalking, including— 

21 ‘‘(i) a first and last name; 

22 ‘‘(ii) a home or other physical address; 

23 ‘‘(iii) contact information (including a 

24 postal, e-mail or Internet protocol address, 

25 or telephone or facsimile number); 
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•S 1197 RS 

1 ‘‘(iv) a social security number; and 

2 ‘‘(v) any other information, including 

3 date of birth, racial or ethnic background, 

4 or religious affiliation, that, in combination 

5 with any of clauses (i) through (iv), would 

6 serve to identify any individual.’’. 

7 SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING AS8 SISTANCE VOUCHER PROGRAM. 

9 Section 8 of the United States Housing Act of 1937 

10 (42 U.S.C. 1437f) is amended— 

11 (1) in subsection (d)— 

12 (A) in paragraph (1)(B)(ii), by inserting 

13 after ‘‘other good cause’’ the following: ‘‘, and 

14 that an incident or incidents of actual or 

15 threatened domestic violence, dating violence, or 

16 stalking will not be construed as a serious or 

17 repeated violation of the lease by the victim or 

18 threatened victim of that violence and will not 

19 be good cause for terminating a lease held by 

20 the victim of such violence’’; and 

21 (B) in paragraph (1)(B)(iii), by inserting 

22 after ‘‘termination of tenancy’’ the following: ‘‘, 

23 except that (I) criminal activity directly relating 

24 to domestic violence, dating violence, or stalk25 ing, engaged in by a member of a tenant’s 
180 

•S 1197 RS 

1 household or any guest or other person under 

2 the tenant’s control, shall not be cause for ter3 mination of the tenancy, if the tenant or imme4 diate member of the tenant’s family is a victim 

5 of domestic violence, dating violence, or stalking 

6 and, as a result, could not control or prevent 

7 the criminal activity; (II) nothing in subclause 

8 (I) may be construed to limit the authority of 

9 an owner or manager consistent with applicable 

10 State law to evict or the public housing agency 

11 or assisted housing provider to terminate vouch12 er assistance to individuals who engage in 

13 criminal acts of physical violence against family 

14 members or others; and (III) nothing in sub15 clause (I) may be construed to limit the author16 ity of an owner or manager to evict, or the pub17 lic housing agency or assisted housing provider 

18 to terminate, voucher assistance to any tenant 

19 if the owner, manager, public housing agency, 

20 or assisted housing provider can demonstrate 

21 an actual and imminent threat to the larger 

22 community if that tenant is not evicted or ter23 minated from assistance.’’; 

24 (2) in subsection (f)— 

25 (A) in paragraph (6), by striking ‘‘and’’; 
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1 (B) in paragraph (7), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 paragraphs: 

5 ‘‘(8) the term ‘domestic violence’ has the same 

6 meaning given the term in section 2003 of title I of 

7 the Omnibus Crime Control and Safe Streets Act of 

8 1968 (42 U.S.C. 3796gg–2); 

9 ‘‘(9) the term ‘dating violence’ has the same 

10 meaning given the term in section 2003 of title I of 

11 the Omnibus Crime Control and Safe Streets Act of 

12 1968 (42 U.S.C. 3796gg–2); and 

13 ‘‘(10) the term ‘stalking’ means engaging in a 

14 course of conduct directed at a specific person that 

15 would cause a reasonable person to— 

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

17 of others; or 

18 ‘‘(B) suffer significant emotional or phys19 ical distress; and 

20 ‘‘(11) the term ‘sexual assault’ has the same 

21 meaning given the term in section 2003 of title I of 

22 the Omnibus Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3796gg–2).’’; 

24 (3) in subsection (o)— 
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1 (A) by inserting at the end of paragraph 

2 (6)(B) the following new sentence: ‘‘That an 

3 applicant is or is perceived to be, or has been 

4 or has been perceived to be, a victim of domes5 tic violence, dating violence, or stalking is not 

6 an appropriate basis for denial of program as7 sistance by a public housing authority.’’; 

8 (B) in paragraph (7)(C), by inserting after 

9 ‘‘other good cause’’ the following: ‘‘, and that 

10 an incident or incidents of actual or threatened 

11 domestic violence, dating violence, or stalking 

12 shall not be construed as a serious or repeated 

13 violation of the lease by the victim or threat14 ened victim of that violence and shall not be 

15 good cause for terminating a lease held by the 

16 victim of such violence’’; and 

17 (C) in paragraph (7)(D), by inserting after 

18 ‘‘termination of tenancy’’ the following: ‘‘; ex19 cept that (i) criminal activity relating directly 

20 to domestic violence, dating violence, or stalk21 ing, engaged in by a member of a tenant’s 

22 household or any guest or other person under 

23 the tenant’s control shall not be cause for ter24 mination of the tenancy, if the tenant or imme25 diate member of the tenant’s family is a victim 
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1 of domestic violence, dating violence, or stalking 

2 and, as a result, could not control or prevent 

3 the criminal activity; (ii) nothing in clause (i) 

4 may be construed to limit the authority of an 

5 owner or manager consistent with applicable 

6 State law to evict or the public housing agency 

7 or assisted housing provider to terminate vouch8 er assistance to individuals who engage in 

9 criminal acts of physical violence against family 

10 members or others; and (iii) nothing in clause 

11 (i) may be construed to limit the authority of 

12 an owner or manager to evict, or the public 

13 housing agency or assisted housing provider to 

14 terminate, voucher assistance to any tenant if 

15 the owner, manager, public housing agency, or 

16 assisted housing provider can demonstrate an 

17 actual and imminent threat to the larger com18 munity if that tenant is not evicted or termi19 nated from assistance.’’; 

20 (4) in subsection (r)(5), by inserting after ‘‘vio21 lation of a lease’’ the following: ‘‘, except that a fam22 ily may receive a voucher from a public housing 

23 agency and move to another jurisdiction under the 

24 tenant-based assistance program if the family has 

25 moved out of the assisted dwelling unit in order to 
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1 protect the health or safety of an individual who is 

2 or has been the victim of domestic violence, dating 

3 violence, or stalking and who reasonably believed he 

4 or she was imminently threatened by harm from fur5 ther violence if he or she remained in the assisted 

6 dwelling unit’’; and 

7 (5) by adding at the end the following new sub8 section: 

9 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.— 

10 ‘‘(1) CERTIFICATION.— 

11 ‘‘(A) IN GENERAL.—An owner, manager, 

12 public housing agency, or assisted housing pro13 vider responding to subsections (d)(1)(B(ii), 

14 (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), and (r)(5) 

15 may request that an individual certify that the 

16 individual is a victim of domestic violence, dat17 ing violence, or stalking, and that the incident 

18 or incidents in question are bona fide incidents 

19 of such actual or threatened abuse and meet 

20 the requirements set forth in the aforemen21 tioned paragraphs. The individual shall provide 

22 a copy of such certification within a reasonable 

23 period of time after the owner, manager, public 

24 housing agency, or assisted housing provider re25 quests such certification. 
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1 ‘‘(B) CONTENTS.—An individual may sat2 isfy the certification requirement of subpara3 graph (A) by— 

4 ‘‘(i) providing the requesting owner, 

5 manager, public housing agency, or as6 sisted housing provider with documentation 

7 signed by an employee, agent, or volunteer 

8 of a victim service provider, an attorney, a 

9 member of the clergy, a medical profes10 sional, or any other professional, from 

11 whom the victim has sought assistance in 

12 addressing domestic violence, dating vio13 lence, sexual assault, or stalking, or the ef14 fects of the abuse; or 

15 ‘‘(ii) producing a Federal, State, trib16 al, territorial, or local police or court 

17 record. 

18 ‘‘(C) LIMITATION.—Nothing in this sub19 section shall be construed to require an owner, 

20 manager, public housing agency, or assisted 

21 housing provider to demand that an individual 

22 produce official documentation or physical proof 

23 of the individual’s status as a victim of domes24 tic violence, dating violence, sexual assault, or 

25 stalking in order to receive any of the benefits 
186 

•S 1197 RS 

1 provided in this section. At their discretion, the 

2 owner, manager, public housing agency, or as3 sisted housing provider may provide benefits to 

4 an individual based solely on the individual’s 

5 statement or other corroborating evidence. 

6 ‘‘(2) CONFIDENTIALITY.— 

7 ‘‘(A) IN GENERAL.—All information pro8 vided to an owner, manager, public housing 

9 agency, or assisted housing provider pursuant 

10 to paragraph (1), including the fact that an in11 dividual is a victim of domestic violence, dating 

12 violence, sexual assault, or stalking, shall be re13 tained in the strictest confidence by an owner, 

14 manager, public housing agency, or assisted 

15 housing provider, and shall neither be entered 

16 into any shared database nor provided to any 

17 related entity, except to the extent that disclo18 sure is— 

19 ‘‘(i) requested or consented to by the 

20 individual in writing; or 

21 ‘‘(ii) otherwise required by applicable 

22 law. 

23 ‘‘(B) NOTIFICATION.—An individual must 

24 be notified of the limits of such confidentiality 

25 and informed in advance about circumstances 
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•S 1197 RS 

1 in which the person or entity will be compelled 

2 to disclose the individual’s information.’’. 

3 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO4 GRAM. 

5 Section 6 of the United States Housing Act of 1937 

6 (42 U.S.C. 1437d) is amended— 

7 (1) in subsection (c), by redesignating para8 graph (3) and (4), as paragraphs (4) and (5), re9 spectively; 

10 (2) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) the public housing agency shall not deny 

13 admission to the project to any applicant on the 

14 basis that the applicant is or is perceived to be, or 

15 has been or has been perceived to be, a victim of do16 mestic violence, dating violence, or stalking’’; 

17 (3) in subsection (l)(5), by inserting after 

18 ‘‘other good cause’’ the following: ‘‘, and that an in19 cident or incidents of actual or threatened domestic 

20 violence, dating violence, or stalking will not be con21 strued as a serious or repeated violation of the lease 

22 by the victim or threatened victim of that violence 

23 and will not be good cause for terminating a lease 

24 held by the victim of such violence’’; 
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1 (4) in subsection (l)(6), by inserting after ‘‘ter2 mination of tenancy’’ the following: ‘‘; except that 

3 (A) criminal activity directly relating to domestic vi4 olence, dating violence, or stalking, engaged in by a 

5 member of a tenant’s household or any guest or 

6 other person under the tenant’s control, shall not be 

7 cause for termination of the tenancy, if the tenant 

8 or immediate member of the tenant’s family is a vic9 tim of domestic violence, dating violence, or stalking 

10 and, as a result, could not control or prevent the 

11 criminal activity; (B) nothing in subparagraph (A) 

12 may be construed to limit the authority of a public 

13 housing agency consistent with applicable State law 

14 to evict, or the public housing agency or assisted 

15 housing provider to terminate, voucher assistance to 

16 individuals who engage in criminal acts of physical 

17 violence against family members or others; and (C) 

18 nothing in subparagraph (A) may be construed to 

19 limit the authority of a public housing agency to ter20 minate the tenancy of any tenant if the public hous21 ing agency can demonstrate an actual and imminent 

22 threat to the larger community if that tenant’s ten23 ancy is not terminated.’’; and 

24 (5) by inserting at the end of subsection (t) the 

25 following new subsection: 
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•S 1197 RS 

1 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— 

2 ‘‘(1) CERTIFICATION.— 

3 ‘‘(A) IN GENERAL.—A public housing 

4 agency responding to subsection (l) (5) and (6) 

5 may request that an individual certify that the 

6 individual is a victim of domestic violence, dat7 ing violence, or stalking, and that the incident 

8 or incidents in question are bona fide incidents 

9 of such actual or threatened abuse and meet 

10 the requirements set forth in the aforemen11 tioned paragraphs. The individual shall provide 

12 a copy of such certification within a reasonable 

13 period of time after the public housing agency 

14 requests such certification. 

15 ‘‘(B) CONTENTS.—An individual may sat16 isfy the certification requirement of subpara17 graph (A) by— 

18 ‘‘(i) providing the requesting public 

19 housing agency with documentation signed 

20 by an employee, agent, or volunteer of a 

21 victim service provider, an attorney, a 

22 member of the clergy, a medical profes23 sional, or any other professional from 

24 whom the victim has sought assistance in 

25 addressing domestic violence, dating vio-
190 

•S 1197 RS 

1 lence, or stalking, or the effects of the 

2 abuse; or 

3 ‘‘(ii) producing a Federal, State, trib4 al, territorial, or local police or court 

5 record. 

6 ‘‘(C) LIMITATION.—Nothing in this sub7 section shall be construed to require any public 

8 housing agency to demand that an individual 

9 produce official documentation or physical proof 

10 of the individual’s status as a victim of domes11 tic violence, dating violence, or stalking in order 

12 to receive any of the benefits provided in this 

13 section. At the public housing agency’s discre14 tion, a public housing agency may provide bene15 fits to an individual based solely on the individ16 ual’s statement or other corroborating evidence. 

17 ‘‘(2) CONFIDENTIALITY.— 

18 ‘‘(A) IN GENERAL.—All information pro19 vided to any public housing agency pursuant to 

20 paragraph (1), including the fact that an indi21 vidual is a victim of domestic violence, dating 

22 violence, or stalking, shall be retained in the 

23 strictest confidence by such public housing 

24 agency, and shall neither be entered into any 
191 

•S 1197 RS 

1 shared database nor provided to any related en2 tity, except to the extent that disclosure is— 

3 ‘‘(i) requested or consented to by the 

4 individual in writing; or 

5 ‘‘(ii) otherwise required by applicable 

6 law. 

7 ‘‘(B) NOTIFICATION.—An individual must 

8 be notified of the limits of such confidentiality 

9 and informed in advance about circumstances 

10 in which the person or entity will be compelled 

11 to disclose the individual’s information. 

12 ‘‘(3) DEFINITIONS.—For purposes of this sub13 section and subsection (l) (5) and (6)— 

14 ‘‘(A) the term ‘domestic violence’ has the 

15 same meaning given the term in section 2003 

16 of title I of the Omnibus Crime Control and 

17 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

18 2); 

19 ‘‘(B) the term ‘dating violence’ has the 

20 same meaning given the term in section 2003 

21 of title I of the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

23 2); and 
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1 ‘‘(C) the term ‘stalking’ means engaging in 

2 a course of conduct directed at a specific person 

3 that would cause a reasonable person to— 

4 ‘‘(i) fear for his or her safety or the 

5 safety of others; or 

6 ‘‘(ii) suffer significant emotional dis7 tress.’’. 

8 TITLE VII—PROVIDING ECO9 NOMIC SECURITY FOR VIC10 TIMS OF VIOLENCE 

11 SEC. 701. EMERGENCY LEAVE. 

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

13 of 1994 (Public Law 103–322; 108 Stat. 1902) is amend14 ed by adding after subtitle N the following: 

15 ‘‘Subtitle O—Assistance for Individ16 uals Experiencing Domestic or 

17 Sexual Violence 

18 ‘‘CHAPTER 1—EMERGENCY LEAVE 

19 ‘‘SEC. 41501. FINDINGS. 

20 ‘‘Congress makes the following findings: 

21 ‘‘(1) Violence against women is a leading cause 

22 of physical injury to women. Such violence has a 

23 devastating impact on women’s physical and emo24 tional health, financial security, and ability to main-
193 

•S 1197 RS 

1 tain their jobs, and thus impacts interstate com2 merce. 

3 ‘‘(2) Studies indicate that one of the best pre4 dictors of whether a victim of such violence will be 

5 able to stay away from her abuser is her degree of 

6 economic independence. However, domestic violence, 

7 dating violence, sexual assault, and stalking (re8 ferred to in this subtitle as ‘domestic or sexual vio9 lence’) often negatively impact victims’ ability to 

10 maintain employment. 

11 ‘‘(3) The Bureau of National Affairs has esti12 mated that domestic violence costs United States 

13 employers between $3,000,000,000 and 

14 $5,000,000,000 annually in lost time and produc15 tivity. Other reports have estimated that domestic 

16 violence costs United States employers between 

17 $5,800,000,000 and $13,000,000,000 annually. 

18 ‘‘(4) Ninety-four percent of corporate security 

19 and safety directors at companies nationwide rank 

20 domestic violence as a high security concern. 

21 ‘‘(5) Abusers frequently seek to exert financial 

22 control over their partners by actively interfering 

23 with the ability of their partners to work, including 

24 preventing their partners from going to work, 

25 harassing their partners at work, limiting the access 
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1 of their partners to cash or transportation, and sab2 otaging the child care arrangements of their part3 ners. 

4 ‘‘(6) Studies indicate that between 35 and 56 

5 percent of employed battered women surveyed were 

6 harassed at work by their abusers. 

7 ‘‘(7) Victims of domestic violence also fre8 quently miss work due to injuries, court proceedings, 

9 and safety concerns requiring legal protections. Vic10 tims of intimate partner violence lose 8,000,000 

11 days of paid work each year—the equivalent of over 

12 32,000 full-time jobs and 5,600,000 days of house13 hold productivity. 

14 ‘‘(8) According to a 1998 report of the Govern15 ment Accountability Office, between 25 percent and 

16 50 percent of victims of domestic violence surveyed 

17 reported that the victims lost a job due, at least in 

18 part, to domestic violence. 

19 ‘‘(9) Women who have experienced domestic vi20 olence or dating violence are more likely than other 

21 women to be unemployed, to suffer from health 

22 problems that can affect employability and job per23 formance, to report lower personal income, and to 

24 rely on welfare. 
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1 ‘‘(10) Domestic violence also affects abusers’ 

2 ability to work. A recent study found that 48 per3 cent of abusers reported having difficulty concen4 trating at work and 42 percent reported being late 

5 to work. 78 percent reported using their own com6 pany’s resources in connection with the abusive rela7 tionship. 

8 ‘‘(11) About 36,500 individuals, 80 percent of 

9 whom are women, were raped or sexually assaulted 

10 in the workplace each year from 1993 through 1999. 

11 Half of all female victims of violent workplace crimes 

12 know their abusers. Nearly 1 out of 10 violent work13 place incidents are committed by spouses or other 

14 partners. 

15 ‘‘(12) Sexual assault, whether occurring in or 

16 out of the workplace, can impair an employee’s work 

17 performance, require time away from work, and un18 dermine the employee’s ability to maintain a job. Al19 most 50 percent of sexual assault victims lose their 

20 jobs or are forced to quit in the aftermath of the as21 saults. 

22 ‘‘(13) More than 35 percent of stalking victims 

23 report losing time from work due to the stalking and 

24 7 percent never return to work. 
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1 ‘‘(14) Five States provide victims of domestic or 

2 sexual violence with leave from work to attend court 

3 proceedings, to go to the doctor, or to take other 

4 steps to address the violence in their lives, and sev5 eral other States provide time off to victims of 

6 crimes, which can include victims of domestic or sex7 ual violence, to attend court proceedings. 

8 ‘‘SEC. 41502. PURPOSES. 

9 ‘‘The purposes of this chapter are, pursuant to the 

10 affirmative power of Congress to enact legislation under 

11 the portions of section 8 of article I of the Constitution 

12 relating to providing for the general welfare and to regula13 tion of commerce among the several States, and under sec14 tion 5 of the 14th amendment to the Constitution— 

15 ‘‘(1) to promote the national interest in reduc16 ing domestic or sexual violence by enabling victims 

17 of domestic or sexual violence to maintain the finan18 cial independence necessary to leave abusive situa19 tions, achieve safety, and minimize the physical and 

20 emotional injuries from domestic or sexual violence, 

21 and to reduce the devastating economic con22 sequences of domestic or sexual violence to employ23 ers and employees; 

24 ‘‘(2) to promote the national interest in ensur25 ing that victims of domestic or sexual violence can 
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•S 1197 RS 

1 recover from and cope with the effects of such vio2 lence, and participate in criminal and civil justice 

3 processes, without fear of adverse economic con4 sequences; 

5 ‘‘(3) to reduce the negative impact on interstate 

6 commerce produced by dislocations of employees and 

7 harmful effects on productivity, employment, health 

8 care costs, and employer costs, caused by domestic 

9 or sexual violence, including related intentional ef10 forts to frustrate women’s ability to participate in 

11 employment and interstate commerce; and 

12 ‘‘(4) to enforce the 14th amendment’s guar13 antee of equal protection of the laws by— 

14 ‘‘(A) preventing and remedying sex-based 

15 discrimination and discrimination against vic16 tims of domestic and sexual violence in employ17 ment leave by addressing the failure of existing 

18 laws to protect the employment rights of women 

19 and such victims; and 

20 ‘‘(B) thus furthering the equal opportunity 

21 of women for economic self-sufficiency and em22 ployment free from discrimination. 

23 ‘‘SEC. 41503. DEFINITIONS. 

24 ‘‘In this title, except as otherwise expressly provided: 
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•S 1197 RS 

1 ‘‘(1) COMMERCE.—The terms ‘commerce’ and 

2 ‘industry or activity affecting commerce’ have the 

3 meanings given the terms in section 101 of the 

4 Family and Medical Leave Act of 1993 (29 U.S.C. 

5 2611). 

6 ‘‘(2) ELECTRONIC COMMUNICATIONS.—The 

7 term ‘electronic communications’ includes commu8 nications via telephone (including mobile phone), 

9 computer, e-mail, video recorder, fax machine, telex, 

10 or pager. 

11 ‘‘(3) EMPLOY; STATE.—The terms ‘employ’ and 

12 ‘State’ have the meanings given the terms in section 

13 3 of the Fair Labor Standards Act of 1938 (29 

14 U.S.C. 203). 

15 ‘‘(4) EMPLOYEE.— 

16 ‘‘(A) IN GENERAL.—The term ‘employee’ 

17 means any person employed by an employer. In 

18 the case of an individual employed by a public 

19 agency, such term means an individual em20 ployed as described in section 3(e)(2) of the 

21 Fair Labor Standards Act of 1938 (29 U.S.C. 

22 203(e)(2)). 

23 ‘‘(B) BASIS.—The term includes a person 

24 employed as described in subparagraph (A)— 

25 ‘‘(i) on a full- or part-time basis; or 
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•S 1197 RS 

1 ‘‘(ii) as a participant in a work as2 signment as a condition of receipt of Fed3 eral or State income-based public assist4 ance. 

5 ‘‘(5) EMPLOYER.—The term ‘employer’— 

6 ‘‘(A) means any person engaged in com7 merce or in any industry or activity affecting 

8 commerce who employs 50 or more individuals 

9 for each working day during each of the 20 or 

10 more calendar weeks in the current or pre11 ceding calendar year; and 

12 ‘‘(B) includes any person acting directly or 

13 indirectly in the interest of an employer in rela14 tion to an employee, and includes a public agen15 cy that employs individuals as described in sec16 tion 3(e)(2) of the Fair Labor Standards Act of 

17 1938, but does not include any labor organiza18 tion (other than when acting as an employer) or 

19 anyone acting in the capacity of officer or agent 

20 of such labor organization. 

21 ‘‘(6) EMPLOYMENT BENEFITS.—The term ‘em22 ployment benefits’ means all benefits provided or 

23 made available to employees by an employer (includ24 ing group life insurance, health insurance, disability 

25 insurance, sick leave, annual leave, educational bene-
200 

•S 1197 RS 

1 fits, and pensions), regardless of whether such bene2 fits are provided or made available by a practice or 

3 written policy of an employer or through an ‘em4 ployee benefit plan’, as defined in section 3(3) of the 

5 Employee Retirement Income Security Act of 1974 

6 (29 U.S.C. 1002(3)). 

7 ‘‘(7) FAMILY OR HOUSEHOLD MEMBER.—The 

8 term ‘family or household member’, used with re9 spect to an individual, means a nonabusive spouse, 

10 former spouse, parent, son or daughter, or person 

11 residing or formerly residing in the same dwelling 

12 unit as the individual. 

13 ‘‘(8) PARENT; SON OR DAUGHTER.—The terms 

14 ‘parent’ and ‘son or daughter’ have the meanings 

15 given the terms in section 101 of the Family and 

16 Medical Leave Act of 1993 (29 U.S.C. 2611). 

17 ‘‘(9) PERSON.—The term ‘person’ has the 

18 meaning given the term in section 3 of the Fair 

19 Labor Standards Act of 1938 (29 U.S.C. 203). 

20 ‘‘(10) PUBLIC AGENCY.—The term ‘public 

21 agency’ has the meaning given the term in section 

22 3 of the Fair Labor Standards Act of 1938 (29 

23 U.S.C. 203). 

24 ‘‘(11) PUBLIC ASSISTANCE.—The term ‘public 

25 assistance’ includes cash, food stamps, medical as-
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1 sistance, housing assistance, and other benefits pro2 vided on the basis of income by a public agency. 

3 ‘‘(12) REDUCED LEAVE SCHEDULE.—The term 

4 ‘reduced leave schedule’ means a leave schedule that 

5 reduces the usual number of hours per workweek, or 

6 hours per workday, of an employee. 

7 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

8 means the Secretary of Labor. 

9 ‘‘SEC. 41504. ENTITLEMENT TO EMERGENCY LEAVE FOR AD10 DRESSING DOMESTIC OR SEXUAL VIOLENCE. 

11 ‘‘(a) LEAVE REQUIREMENT.— 

12 ‘‘(1) BASIS.—An employee who is a victim of 

13 domestic or sexual violence may take leave from 

14 work to address domestic or sexual violence, by— 

15 ‘‘(A) seeking medical attention for, or re16 covering from, physical or psychological injuries 

17 caused by domestic or sexual violence to the 

18 employee or the employee’s family or household 

19 member; 

20 ‘‘(B) obtaining emergency housing, tem21 porary or permanent, or taking other actions to 

22 increase the safety of the employee or the em23 ployee’s family or household member; or 

24 ‘‘(C) seeking legal or law enforcement as25 sistance or remedies to ensure the health and 
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•S 1197 RS 

1 safety of the employee or the employee’s family 

2 or household member, including preparing for 

3 or participating in any civil or criminal legal 

4 proceeding related to or derived from domestic 

5 or sexual violence. 

6 ‘‘(2) PERIOD.—An employee may take not more 

7 than 10 days of leave, as described in paragraph (1), 

8 in any 12-month period. 

9 ‘‘(3) SCHEDULE.—Leave described in para10 graph (1) may be taken intermittently or on a re11 duced leave schedule. 

12 ‘‘(b) NOTICE.—The employee shall provide the em13 ployer with reasonable notice of the employee’s intention 

14 to take the leave, unless providing such notice is not prac15 ticable. 

16 ‘‘(c) CERTIFICATION.— 

17 ‘‘(1) IN GENERAL.—The employer may require 

18 the employee to provide certification to the employer, 

19 within a reasonable period after the employer re20 quires the certification, that— 

21 ‘‘(A) the employee or the employee’s family 

22 or household member is a victim of domestic or 

23 sexual violence; and 

24 ‘‘(B) the leave is for 1 of the purposes de25 scribed in subsection (a)(1). 
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•S 1197 RS 

1 ‘‘(2) CONTENTS.—An employee may satisfy the 

2 certification requirement of paragraph (1) by pro3 viding to the employer— 

4 ‘‘(A) documentation from an employee, 

5 agent, or volunteer of a victim service provider, 

6 an attorney, a member of the clergy, or a med7 ical or other professional, from whom the em8 ployee or the employee’s family or household 

9 member has sought assistance in addressing do10 mestic or sexual violence and the effects of the 

11 violence; 

12 ‘‘(B) a police or court record; or 

13 ‘‘(C) other corroborating evidence. 

14 ‘‘(d) CONFIDENTIALITY.—All information provided to 

15 the employer pursuant to subsection (b) or (c), and the 

16 fact that the employee has requested or obtained leave 

17 pursuant to this section, shall be retained in the strictest 

18 confidence by the employer, except to the extent that dis19 closure is— 

20 ‘‘(1) requested or consented to by the employee 

21 in writing; or 

22 ‘‘(2) otherwise required by applicable Federal or 

23 State law. 

24 ‘‘(e) EMPLOYMENT AND BENEFITS.— 

25 ‘‘(1) RESTORATION TO POSITION.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 paragraph (2), any employee who takes leave 

3 under this section for the intended purpose of 

4 the leave shall be entitled, on return from such 

5 leave— 

6 ‘‘(i) to be restored by the employer to 

7 the position of employment held by the em8 ployee when the leave commenced; or 

9 ‘‘(ii) to be restored to an equivalent 

10 position with equivalent employment bene11 fits, pay, and other terms and conditions of 

12 employment. 

13 ‘‘(B) LOSS OF BENEFITS.—The taking of 

14 leave under this section shall not result in the 

15 loss of any employment benefit accrued prior to 

16 the date on which the leave commenced. 

17 ‘‘(C) LIMITATIONS.—Nothing in this sub18 section shall be construed to entitle any re19 stored employee to— 

20 ‘‘(i) the accrual of any seniority or 

21 employment benefits during any period of 

22 leave; or 

23 ‘‘(ii) any right, benefit, or position of 

24 employment other than any right, benefit, 

25 or position to which the employee would 
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•S 1197 RS 

1 have been entitled had the employee not 

2 taken the leave. 

3 ‘‘(D) CONSTRUCTION.—Nothing in this 

4 paragraph shall be construed to prohibit an em5 ployer from requiring an employee on leave 

6 under this section to report periodically to the 

7 employer on the status and intention of the em8 ployee to return to work. 

9 ‘‘(2) EXEMPTION CONCERNING CERTAIN HIGH10 LY COMPENSATED EMPLOYEES.— 

11 ‘‘(A) DENIAL OF RESTORATION.—An em12 ployer may deny restoration under paragraph 

13 (1) to any employee described in subparagraph 

14 (B) if— 

15 ‘‘(i) such denial is necessary to pre16 vent substantial and grievous economic in17 jury to the operations of the employer; 

18 ‘‘(ii) the employer notifies the em19 ployee of the intent of the employer to 

20 deny restoration on such basis at the time 

21 the employer determines that such injury 

22 would occur; and 

23 ‘‘(iii) in any case in which the leave 

24 has commenced, the employee elects not to 
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1 return to employment after receiving such 

2 notice. 

3 ‘‘(B) AFFECTED EMPLOYEES.—An em4 ployee referred to in subparagraph (A) is a sal5 aried employee who is among the highest paid 

6 25 percent of the employees employed by the 

7 employer within 75 miles of the facility at 

8 which the employee is employed. 

9 ‘‘(3) MAINTENANCE OF HEALTH BENEFITS.— 

10 ‘‘(A) COVERAGE.—Except as provided in 

11 subparagraph (B), during any period that an 

12 employee takes leave under this section, the em13 ployer shall maintain coverage under any group 

14 health plan (as defined in section 5000(b)(1) of 

15 the Internal Revenue Code of 1986) for the du16 ration of such leave at the level and under the 

17 conditions coverage would have been provided if 

18 the employee had continued in employment con19 tinuously for the duration of such leave. 

20 ‘‘(B) FAILURE TO RETURN FROM

21 LEAVE.—The employer may recover the pre22 mium that the employer paid for maintaining 

23 coverage for the employee under such group 

24 health plan during any period of leave under 

25 this section if— 
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1 ‘‘(i) the employee fails to return from 

2 leave under this section after the period of 

3 leave to which the employee is entitled for 

4 the domestic or sexual violence involved 

5 has expired; and 

6 ‘‘(ii) the employee fails to return to 

7 work for a reason other than the continu8 ation or recurrence of domestic or sexual 

9 violence, that entitles the employee to leave 

10 pursuant to this section. 

11 ‘‘(C) CERTIFICATION.—An employer may 

12 require an employee who claims that the em13 ployee is unable to return to work because of a 

14 reason described in subparagraph (B)(ii) to 

15 provide, within a reasonable period after mak16 ing the claim, certification to the employer that 

17 the employee is unable to return to work be18 cause of that reason. 

19 ‘‘(D) CONFIDENTIALITY.—All information 

20 provided to the employer pursuant to subpara21 graph (C), and the fact that the employee is not 

22 returning to work because of a reason described 

23 in subparagraph (B)(ii), shall be retained in the 

24 strictest confidence by the employer, except to 

25 the extent that disclosure is— 
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1 ‘‘(i) requested or consented to by the 

2 employee in writing; or 

3 ‘‘(ii) otherwise required by applicable 

4 Federal or State law. 

5 ‘‘(f) PROHIBITED ACTS.— 

6 ‘‘(1) INTERFERENCE WITH RIGHTS.— 

7 ‘‘(A) EXERCISE OF RIGHTS.—It shall be 

8 unlawful for any employer to interfere with, re9 strain, or deny the exercise of or the attempt to 

10 exercise, any right provided under this section. 

11 ‘‘(B) EMPLOYER DISCRIMINATION.—It 

12 shall be unlawful for any employer to discharge 

13 or harass any individual, or otherwise discrimi14 nate against any individual with respect to com15 pensation, terms, conditions, or privileges of 

16 employment of the individual (including retalia17 tion in any form or manner) because the indi18 vidual— 

19 ‘‘(i) exercised any right provided 

20 under this section; or 

21 ‘‘(ii) opposed any practice made un22 lawful by this section. 

23 ‘‘(2) INTERFERENCE WITH PROCEEDINGS OR

24 INQUIRIES.—It shall be unlawful for any person to 

25 discharge or in any other manner discriminate (as 
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1 described in paragraph (1)(B)) against any indi2 vidual because such individual— 

3 ‘‘(A) has filed any charge, or has instituted 

4 or caused to be instituted any proceeding, 

5 under or related to this section; 

6 ‘‘(B) has given, or is about to give, any in7 formation in connection with any inquiry or 

8 proceeding relating to any right provided under 

9 this section; or 

10 ‘‘(C) has testified, or is about to testify, in 

11 any inquiry or proceeding relating to any right 

12 provided under this section. 

13 ‘‘(g) ENFORCEMENT.— 

14 ‘‘(1) CIVIL ACTION BY AFFECTED INDIVID15 UALS.— 

16 ‘‘(A) LIABILITY.—Any employer that vio17 lates subsection (f) shall be liable to any indi18 vidual affected— 

19 ‘‘(i) for damages equal to— 

20 ‘‘(I) the amount of— 

21 ‘‘(aa) any wages, salary, em22 ployment benefits, public assist23 ance, or other compensation de24 nied or lost to such individual by 

25 reason of the violation; or 
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1 ‘‘(bb) in a case in which 

2 wages, salary, employment bene3 fits, public assistance, or other 

4 compensation has not been de5 nied or lost to the individual, any 

6 actual monetary losses sustained 

7 by the individual as a direct re8 sult of the violation; 

9 ‘‘(II) the interest on the amount 

10 described in subclause (I) calculated 

11 at the prevailing rate; and 

12 ‘‘(III) an additional amount as 

13 liquidated damages equal to the sum 

14 of the amount described in subclause 

15 (I) and the interest described in sub16 clause (II), except that if an employer 

17 that has violated subsection (f) proves 

18 to the satisfaction of the court that 

19 the act or omission that violated sub20 section (f) was in good faith and that 

21 the employer had reasonable grounds 

22 for believing that the act or omission 

23 was not a violation of subsection (f), 

24 such court may, in the discretion of 

25 the court, reduce the amount of the li-
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1 ability to the amount and interest de2 termined under subclauses (I) and 

3 (II), respectively; and 

4 ‘‘(ii) for such equitable relief as may 

5 be appropriate, including employment, re6 instatement, and promotion. 

7 ‘‘(B) RIGHT OF ACTION.—An action to re8 cover the damages or equitable relief prescribed 

9 in subparagraph (A) may be maintained against 

10 any employer in any Federal or State court of 

11 competent jurisdiction by any 1 or more af12 fected individuals for and on behalf of— 

13 ‘‘(i) the individuals; or 

14 ‘‘(ii) the individuals and other individ15 uals similarly situated. 

16 ‘‘(C) FEES AND COSTS.—The court in such 

17 an action shall, in addition to any judgment 

18 awarded to the plaintiff, allow a reasonable at19 torney’s fee, reasonable expert witness fees, and 

20 other costs of the action to be paid by the de21 fendant. 

22 ‘‘(D) LIMITATIONS.—The right provided 

23 by subparagraph (B) to bring an action by or 

24 on behalf of any affected individual shall termi25 nate— 
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1 ‘‘(i) on the filing of a complaint by 

2 the Secretary in an action under para3 graph (4) in which restraint is sought of 

4 any further delay in the payment of the 

5 amount described in subparagraph (A)(i) 

6 to such individual by an employer respon7 sible under subparagraph (A) for the pay8 ment; or 

9 ‘‘(ii) on the filing of a complaint by 

10 the Secretary in an action under para11 graph (2) in which a recovery is sought of 

12 the damages described in subparagraph 

13 (A)(i) owing to an affected individual by 

14 an employer liable under subparagraph 

15 (A), 

16 unless the action described in clause (i) or (ii) 

17 is dismissed without prejudice on motion of the 

18 Secretary. 

19 ‘‘(2) ACTION BY THE SECRETARY.— 

20 ‘‘(A) ADMINISTRATIVE ACTION.—The Sec21 retary shall receive, investigate, and attempt to 

22 resolve complaints of violations of subsection (f) 

23 in the same manner as the Secretary receives, 

24 investigates, and attempts to resolve complaints 

25 of violations of sections 6 and 7 of the Fair 
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1 Labor Standards Act of 1938 (29 U.S.C. 206 

2 and 207). 

3 ‘‘(B) CIVIL ACTION.—The Secretary may 

4 bring an action in any court of competent juris5 diction to recover the damages described in 

6 paragraph (1)(A)(i). 

7 ‘‘(C) SUMS RECOVERED.—Any sums recov8 ered by the Secretary pursuant to subparagraph 

9 (B) shall be held in a special deposit account 

10 and shall be paid, on order of the Secretary, di11 rectly to each individual affected. Any such 

12 sums not paid to such an individual because of 

13 inability to do so within a period of 3 years 

14 shall be deposited into the Treasury of the 

15 United States as miscellaneous receipts. 

16 ‘‘(3) LIMITATION.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), an action may be brought 

19 under this subsection not later than 2 years 

20 after the date of the last event constituting the 

21 alleged violation for which the action is brought. 

22 ‘‘(B) WILLFUL VIOLATION.—In the case of 

23 such action brought for a willful violation of 

24 subsection (f), such action may be brought 

25 within 3 years after the date of the last event 
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1 constituting the alleged violation for which such 

2 action is brought. 

3 ‘‘(C) COMMENCEMENT.—In determining 

4 when an action is commenced by the Secretary 

5 under this subsection for the purposes of this 

6 paragraph, it shall be considered to be com7 menced on the date when the complaint is filed. 

8 ‘‘(4) ACTION FOR INJUNCTION BY SEC9 RETARY.—The district courts of the United States 

10 shall have jurisdiction, for cause shown, in an action 

11 brought by the Secretary— 

12 ‘‘(A) to restrain violations of subsection 

13 (f), including the restraint of any withholding of 

14 payment of wages, salary, employment benefits, 

15 public assistance, or other compensation, plus 

16 interest, found by the court to be due to af17 fected individuals; or 

18 ‘‘(B) to award such other equitable relief 

19 as may be appropriate, including employment, 

20 reinstatement, and promotion. 

21 ‘‘(5) SOLICITOR OF LABOR.—The Solicitor of 

22 Labor may appear for and represent the Secretary 

23 on any litigation brought under this subsection. 

24 ‘‘(6) EMPLOYER LIABILITY UNDER OTHER

25 LAWS.—Nothing in this section shall be construed to 
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1 limit the liability of an employer to an individual, for 

2 harm suffered relating to the individual’s experience 

3 of domestic or sexual violence, pursuant to any other 

4 Federal or State law, including a law providing for 

5 a legal remedy. 

6 ‘‘(7) LIBRARY OF CONGRESS.—Notwithstanding 

7 any other provision of this subsection, in the case of 

8 the Library of Congress, the authority of the Sec9 retary under this subsection shall be exercised by the 

10 Librarian of Congress. 

11 ‘‘(8) CERTAIN PUBLIC AGENCIES.— 

12 ‘‘(A) AGENCIES.—Notwithstanding any 

13 other provision of this subsection, in the case of 

14 a public agency that employs individuals as de15 scribed in subparagraph (A) or (B) of section 

16 3(e)(2) of the Fair Labor Standards Act of 

17 1938 (29 U.S.C. 203(e)(2)) (other than an en18 tity of the legislative branch of the Federal 

19 Government), subparagraph (B) shall apply. 

20 ‘‘(B) AUTHORITY.—In the case described 

21 in subparagraph (A), the powers, remedies, and 

22 procedures provided in title 5, United States 

23 Code, to an employing agency, provided in 

24 chapter 12 of that title to the Merit Systems 

25 Protection Board, or provided in that title to 
216 

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1 any person, alleging a violation of chapter 63 of 

2 that title, shall be the powers, remedies, and 

3 procedures this chapter provides to that agency, 

4 that Board, or any person, respectively, alleging 

5 a violation of subsection (f) against an employee 

6 who is such an individual. 

7 ‘‘SEC. 41505. EXISTING LEAVE USABLE FOR ADDRESSING 

8 DOMESTIC OR SEXUAL VIOLENCE. 

9 ‘‘An employee who is entitled to take paid or unpaid 

10 leave (including family, medical, sick, annual, personal, or 

11 similar leave) from employment, pursuant to Federal, 

12 State, or local law, a collective bargaining agreement, or 

13 an employment benefits program or plan, may elect to 

14 substitute any period of such leave for an equivalent pe15 riod of leave provided under section 41504. 

16 ‘‘SEC. 41506. EMERGENCY BENEFITS. 

17 ‘‘(a) IN GENERAL.—A State may use funds provided 

18 to the State under part A of title IV of the Social Security 

19 Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short20 term emergency benefits to an individual for any period 

21 of leave the individual takes pursuant to section 41504. 

22 ‘‘(b) ELIGIBILITY.—In calculating the eligibility of an 

23 individual for such emergency benefits, the State shall 

24 count only the cash available or accessible to the indi25 vidual. 
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1 ‘‘(c) TIMING.— 

2 ‘‘(1) APPLICATIONS.—An individual seeking 

3 emergency benefits under subsection (a) from a 

4 State shall submit an application to the State. 

5 ‘‘(2) BENEFITS.—The State shall provide bene6 fits to an eligible applicant under paragraph (1) on 

7 an expedited basis, and not later than 7 days after 

8 the applicant submits an application under para9 graph (1). 

10 ‘‘SEC. 41507. EFFECT ON OTHER LAWS AND EMPLOYMENT 

11 BENEFITS. 

12 ‘‘(a) MORE PROTECTIVE LAWS, AGREEMENTS, PRO13 GRAMS, AND PLANS.—Nothing in this chapter shall be 

14 construed to supersede any provision of any Federal, 

15 State, or local law, collective bargaining agreement, or em16 ployment benefits program or plan that provides— 

17 ‘‘(1) greater leave benefits for victims of domes18 tic or sexual violence than the rights established 

19 under this chapter; or 

20 ‘‘(2) leave benefits for a larger population of 

21 victims of domestic or sexual violence (as defined in 

22 such law, agreement, program, or plan) than the vic23 tims of domestic or sexual violence covered under 

24 this chapter. 
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1 ‘‘(b) LESS PROTECTIVE LAWS, AGREEMENTS, PRO2 GRAMS, AND PLANS.—The rights established for victims 

3 of domestic or sexual violence under this chapter shall not 

4 be diminished by any State or local law, collective bar5 gaining agreement, or employment benefits program or 

6 plan. 

7 ‘‘SEC. 41508. REGULATIONS AND NOTIFICATION. 

8 ‘‘(a) IN GENERAL.—Except as provided in sub9 sections (b) and (c), the Secretary shall issue regulations 

10 to carry out this chapter. The regulations shall include 

11 regulations requiring every employer to post and keep 

12 posted, in conspicuous places on the premises of the em13 ployer where notices to employees are customarily posted, 

14 a notice, to be prepared or approved by the Secretary, 

15 summarizing the provisions of this chapter and providing 

16 information on procedures for filing complaints of viola17 tions. The Secretary shall develop such a notice and pro18 vide copies of such notice to employers upon request with19 out charge. 

20 ‘‘(b) LIBRARY OF CONGRESS.—The Librarian of 

21 Congress shall prescribe the regulations described in sub22 section (a) with respect to employees of the Library of 

23 Congress. 

24 ‘‘(c) CERTAIN PUBLIC AGENCIES.—The head of a 

25 public agency that employs individuals as described in sub-
219 

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1 paragraph (A) or (B) of section 3(e)(2) of the Fair Labor 

2 Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than 

3 an entity of the legislative branch of the Federal Govern4 ment) shall prescribe the regulations described in sub5 section (a) with respect to those individuals.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) SOCIAL SECURITY ACT.—Section 404 of the 

8 Social Security Act (42 U.S.C. 604) is amended by 

9 adding at the end the following: 

10 ‘‘(l) AUTHORITY TO PROVIDE EMERGENCY BENE11 FITS.—A State that receives a grant under section 403 

12 may use the grant to provide nonrecurrent short-term 

13 emergency benefits, in accordance with section 41506 of 

14 the Violence Against Women Act of 1994, to individuals 

15 who take leave pursuant to section 40404 of that Act, 

16 without regard to whether the individuals receive assist17 ance under the State program funded under this part.’’. 

18 (2) REHABILITATION ACT AMENDMENTS OF

19 1986.—Section 1003(a)(1) of the Rehabilitation Act 

20 Amendments of 1986 (42 U.S.C. 2000d–7(a)(1)) is 

21 amended by inserting ‘‘chapter 1 of subtitle O of the 

22 Violence Against Women Act of 1994,’’ before ‘‘or 

23 the provisions’’. 
220 

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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section take effect 180 days after the date of enact3 ment of this Act. 

4 SEC. 702. GRANT FOR NATIONAL CLEARINGHOUSE AND RE5 SOURCE CENTER ON WORKPLACE RE6 SPONSES TO ASSIST VICTIMS OF DOMESTIC 

7 AND SEXUAL VIOLENCE. 

8 Subtitle O of the Violence Against Women Act of 

9 1994 (as added by section 701) is amended by adding at 

10 the end the following: 

11 ‘‘CHAPTER 2—NATIONAL CLEARINGHOUSE 

12 AND RESOURCE CENTER 

13 ‘‘SEC. 41511. GRANT FOR NATIONAL CLEARINGHOUSE AND 

14 RESOURCE CENTER ON WORKPLACE RE15 SPONSES TO ASSIST VICTIMS OF DOMESTIC 

16 AND SEXUAL VIOLENCE. 

17 ‘‘(a) AUTHORITY.—The Attorney General, acting 

18 through the Director of the Violence Against Women Of19 fice, may award a grant to an eligible nonprofit non20 governmental entity or tribal organization, in order to pro21 vide for the establishment and operation of a national 

22 clearinghouse and resource center on workplace responses 

23 to assist victims of domestic and sexual violence. The 

24 clearinghouse and resource center shall provide informa25 tion and assistance to employers, labor organizations, and 
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1 advocates on behalf of victims of domestic or sexual vio2 lence, to aid in their efforts to develop and implement ap3 propriate responses to such violence in order to assist 

4 those victims. 

5 ‘‘(b) APPLICATIONS.—To be eligible to receive a 

6 grant under this section, an entity or organization shall 

7 submit an application to the Attorney General at such 

8 time, in such manner, and containing such information as 

9 the Attorney General may require, including— 

10 ‘‘(1) information that demonstrates that the en11 tity or organization has nationally recognized exper12 tise in the area of domestic or sexual violence, and 

13 a record of commitment to reducing domestic or sex14 ual violence; 

15 ‘‘(2) a plan to maximize, to the extent prac16 ticable, outreach to employers (including private 

17 companies and public entities such as public institu18 tions of higher education and State and local govern19 ments), labor organizations, and advocates described 

20 in subsection (a) concerning developing and imple21 menting appropriate workplace responses to assist 

22 victims of domestic or sexual violence; and 

23 ‘‘(3) a plan for developing materials and train24 ing for materials for employers that address the 

25 needs of employees in cases of domestic violence, 
222 

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1 dating violence, sexual assault, and stalking impact2 ing the workplace, including the needs of racial and 

3 ethnic and other underserved communities. 

4 ‘‘(c) USE OF GRANT AMOUNT.— 

5 ‘‘(1) IN GENERAL.—An entity or organization 

6 that receives a grant under this section may use the 

7 funds made available through the grant for staff sal8 aries, travel expenses, equipment, printing, and 

9 other reasonable expenses necessary to develop, 

10 maintain, and disseminate to employers, labor orga11 nizations, and advocates described in subsection (a), 

12 information and assistance concerning appropriate 

13 workplace responses to assist victims of domestic or 

14 sexual violence. 

15 ‘‘(2) RESPONSES.—Responses referred to in 

16 paragraph (1) may include— 

17 ‘‘(A) providing training to promote a bet18 ter understanding of appropriate workplace as19 sistance to victims of domestic or sexual vio20 lence; 

21 ‘‘(B) providing conferences and other edu22 cational opportunities; 

23 ‘‘(C) developing protocols and model work24 place policies; 
223 

•S 1197 RS 

1 ‘‘(D) providing employer-sponsored and 

2 labor organization-sponsored victim assistance 

3 and outreach counseling; and 

4 ‘‘(E) conducting assessments of the work5 place costs of domestic or sexual violence. 

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

7 is authorized to be appropriated to carry out this section 

8 $1,000,000 for each of fiscal years 2006 through 2010. 

9 ‘‘(e) AVAILABILITY OF GRANT FUNDS.—Funds ap10 propriated under this section shall remain available until 

11 expended.’’. 

12 TITLE VIII—PROTECTION OF 

13 BATTERED AND TRAFFICKED 

14 IMMIGRANT WOMEN 

15 Subtitle A—Victims of Crime 

16 SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VIC17 TIMS. 

18 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC19 TIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the 

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

21 1101(a)(15)(T)) is amended— 

22 (1) in clause (i)— 

23 (A) in the matter preceding subclause (I), 

24 by striking ‘‘Attorney General’’ and inserting 

25 ‘‘Secretary of Homeland Security’’; and 
224 

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1 (B) by amending subclause (III) to read as 

2 follows: 

3 ‘‘(III)(aa) complied with any reason4 able request for assistance in the Federal, 

5 State, or local investigation or prosecution 

6 of acts of trafficking or crimes related to 

7 trafficking; or 

8 ‘‘(bb) has provided credible evidence 

9 (as defined in section 204(a)(1)(J)) that 

10 physical or psychological abuse, injury, or 

11 trauma prohibits such alien from meeting 

12 the requirements of item (aa); or 

13 ‘‘(cc) has not attained 18 years of 

14 age; and’’; and 

15 (2) by amending clause (ii) to read as follows: 

16 ‘‘(ii) if accompanying, or following to join, the 

17 alien described in clause (i)— 

18 ‘‘(I) in the case of an alien described in 

19 clause (i) who is under 21 years of age, the 

20 spouse, children, unmarried siblings under 18 

21 years of age on the date on which such alien 

22 applied for status under such clause, and par23 ents of such alien; and 
225 

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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;’’. 

4 (b) TREATMENT OF SPOUSES AND CHILDREN OF

5 VICTIMS OF ABUSE.—Section 101(a)(15)(U) of the Immi6 gration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is 

7 amended— 

8 (1) in clause (i)— 

9 (A) in the matter preceding subclause (I), 

10 by striking ‘‘Attorney General’’ and inserting 

11 ‘‘Secretary of Homeland Security’’; and 

12 (B) in subclause (I), by inserting ‘‘or in13 jury’’ after ‘‘physical or mental abuse’’; 

14 (2) by amending clause (ii) to read as follows: 

15 ‘‘(ii) if accompanying, or following to join, the 

16 alien described in clause (i)— 

17 ‘‘(I) in the case of an alien described in 

18 clause (i) who is under 21 years of age, the 

19 spouse, children, unmarried siblings under 18 

20 years of age on the date on which such alien 

21 applied for status under such clause, and par22 ents of such alien; and 

23 ‘‘(II) in the case of an alien described in 

24 clause (i) who is 21 years of age or older, the 

25 spouse and children of such alien; and’’; and 
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1 (3) in clause (iii), by inserting ‘‘child abuse; 

2 stalking (including physical or electronic stalking);’’ 

3 after ‘‘false imprisonment;’’. 

4 (c) DEFINITION OF AGGRAVATED FELONY.—Section 

5 101(a)(43) of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(43)) is amended— 

7 (A) in subparagraphs (F) and (G), by 

8 striking ‘‘at least one year’’ each place it ap9 pears and inserting ‘‘is more than 1 year’’; 

10 (B) in subparagraph (J), by striking ‘‘one 

11 year imprisonment or more’’ and inserting 

12 ‘‘more than 1 year imprisonment’’; 

13 (C) in subparagraph (P)(ii), by striking 

14 ‘‘at least 12 months’’ and inserting ‘‘more than 

15 1 year’’; and 

16 (D) in subparagraphs (R) and (S), by 

17 striking ‘‘at least one year’’ each place it ap18 pears and inserting ‘‘more than 1 year’’. 

19 (d) TECHNICAL AMENDMENTS.—Section 101(i) of 

20 the Immigration and Nationality Act (8 U.S.C. 1101(i)) 

21 is amended— 

22 (1) in paragraph (1), by striking ‘‘Attorney 

23 General’’ and inserting ‘‘Secretary of Homeland Se24 curity, the Attorney General,’’; and 
227 

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1 (2) in paragraph (2), by striking ‘‘Attorney 

2 General’’ and inserting ‘‘Secretary of Homeland Se3 curity’’. 

4 SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF 

5 TRAFFICKING IN PERSONS. 

6 (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the 

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

8 1182(a)(9)(B)(iii)) is amended by adding at the end the 

9 following: 

10 ‘‘(V) VICTIMS OF A SEVERE FORM OF

11 TRAFFICKING IN PERSONS.—Clause (i) shall not 

12 apply to an alien who demonstrates that there 

13 was a connection between the alien being a vic14 tim of a severe form of trafficking (as that term 

15 is defined in section 103 of the Trafficking Vic16 tims Protection Act of 2000 (22 U.S.C. 7102)) 

17 and the alien’s unlawful presence in the United 

18 States.’’. 

19 (b) TECHNICAL AMENDMENT.—Paragraphs (13) and 

20 (14) of section 212(d) of the Immigration and Nationality 

21 Act (8 U.S.C. 1182(d)) are amended by striking ‘‘Attor22 ney General’’ each place it appears and inserting ‘‘Sec23 retary of Homeland Security’’. 
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1 SEC. 803. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF2 FICKING. 

3 Section 245(l) of the Immigration and Nationality 

4 Act (8 U.S.C. 1255(l)) is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘Attorney General’’ each 

7 place it appears and inserting ‘‘Secretary of 

8 Homeland Security’’; and 

9 (B) in subparagraph (A), by striking ‘‘for 

10 a continuous period of at least 3 years’’; 

11 (2) in paragraph (2), by striking ‘‘Attorney 

12 General’’ each place it appears and inserting ‘‘Sec13 retary of Homeland Security’’; and 

14 (3) in paragraph (5), by striking ‘‘Attorney 

15 General’’ and inserting ‘‘Secretary of Homeland Se16 curity’’. 

17 SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF 

18 TRAFFICKING. 

19 (a) CERTIFICATION PROCESS.—Section 107(b)(1)(E) 

20 of the Trafficking Victims Protection Act of 2000 (22 

21 U.S.C. 7105(b)(1)(E)) is amended— 

22 (1) in clause (i)— 

23 (A) in the matter preceding subclause (I), 

24 by striking ‘‘Attorney General, that the person 

25 referred to in subparagraph (C)(ii)(II)—’’ and 

26 inserting ‘‘Attorney General or the Secretary of 
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1 Homeland Security, as appropriate, that the 

2 person referred to in subparagraph (C)(ii)(II) 

3 has not attained 18 years of age or—’’; 

4 (B) in subclause (I), by striking ‘‘inves5 tigation and prosecution’’ and inserting ‘‘inves6 tigation or prosecution, by the United States or 

7 a State or local government,’’; and 

8 (C) in subclause (II)(bb), by inserting ‘‘or 

9 the Secretary of Homeland Security’’ after ‘‘At10 torney General’’; 

11 (2) in clause (ii), by striking ‘‘Attorney Gen12 eral’’ and inserting ‘‘Secretary of Homeland Secu13 rity’’; 

14 (3) in clause (iii)— 

15 (A) in subclause (II), by striking ‘‘and’’ at 

16 the end; 

17 (B) in subclause (III), by striking the pe18 riod at the end and inserting ‘‘; or’’; and 

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

20 ‘‘(IV) responding to and cooper21 ating with requests for evidence and 

22 information.; and 

23 (4) by striking ‘‘investigation and prosecution’’ 

24 each place it appears and inserting ‘‘investigation or 

25 prosecution’’. 
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1 (b) TRAFFICKING VICTIM REGULATIONS.—Section 

2 107(c) of the Trafficking Victims Protection Act of 2000 

3 (22 U.S.C. 7105(c)) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 inserting ‘‘, the Secretary of Homeland Security,’’ 

6 after ‘‘Attorney General’’; and 

7 (2) in paragraph (3)— 

8 (A) by striking ‘‘Federal law enforcement 

9 officials’’ and inserting ‘‘The Department of 

10 Homeland Security’’; and 

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

12 ‘‘State or local law enforcement officials may 

13 petition the Department of Homeland Security 

14 for the continued presence for trafficking vic15 tims. If such a petition contains a certification 

16 that a trafficking victim is a victim of a severe 

17 form of trafficking, the presence of the traf18 ficking victim may be permitted in accordance 

19 with this paragraph.’’. 

20 (c) PROTECTION FROM REMOVAL FOR CERTAIN

21 CRIME VICTIMS.—Section 107(e)(5) of the Trafficking 

22 Victims Protection Act of 2000 (22 U.S.C. 7105(e)(5)) 

23 is amended by striking ‘‘Attorney General’’ each place it 

24 occurs and inserting ‘‘Secretary of Homeland Security’’. 
231 

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1 (d) ANNUAL REPORT.—Section 107(g) of the Traf2 ficking Victims Protection Act of 2000 (22 U.S.C. 

3 7105(g)) is amended by inserting ‘‘or the Secretary of 

4 Homeland Security’’ after ‘‘Attorney General’’. 

5 SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE. 

6 (a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of 

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

8 1154(a)(1)(D)) is amended— 

9 (1) in clause (i)— 

10 (A) in subclause (I), by inserting ‘‘or sec11 tion 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ 

12 each place it appears; and 

13 (B) in subclause (III), by striking ‘‘a peti14 tioner for preference status under paragraph 

15 (1), (2), or (3) of section 203(a), whichever 

16 paragraph is applicable,’’ and inserting ‘‘a 

17 VAWA self-petitioner’’; and 

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

19 ‘‘(iv) Any alien who benefits from this subparagraph 

20 may adjust status in accordance with subsections (a) and 

21 (c) of section 245 as an alien having an approved petition 

22 for classification under subparagraph (A)(iii), (A)(iv), 

23 (B)(ii), or (B)(iii).’’. 

24 (b) APPLICATION OF CSPA PROTECTIONS.— 
232 

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1 (1) IMMEDIATE RELATIVE RULES.—Section 

2 201(f) of the Immigration and Nationality Act (8 

3 U.S.C. 1151(f)) is amended by adding at the end 

4 the following: 

5 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para6 graphs (1) through (3) shall apply to self-petitioners 

7 and derivatives of self-petitioners.’’. 

8 (2) CHILDREN RULES.—Section 203(h) of the 

9 Immigration and Nationality Act (8 U.S.C. 1153(h)) 

10 is amended by adding at the end the following: 

11 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para12 graphs (1) through (3) shall apply to self-petitioners 

13 and derivatives of self-petitioners.’’. 

14 (c) LATE PETITION PERMITTED FOR IMMIGRANT

15 SONS AND DAUGHTERS BATTERED AS CHILDREN.— 

16 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

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

18 1154(a)(1)(D)), as amended by subsection (a), is 

19 further amended by adding at the end the following: 

20 ‘‘(v) For purposes of this paragraph, an individual 

21 who is not less than 21 years of age, who qualified to file 

22 a petition under subparagraph (A)(iv) as of the day before 

23 the date on which the individual attained 21 years of age, 

24 and who did not file such a petition before such day, shall 

25 be treated as having filed a petition under such subpara-
233 

•S 1197 RS 

1 graph as of such day if a petition is filed for the status 

2 described in such subparagraph before the individual at3 tains 25 years of age. Clauses (i) through (iv) of this sub4 paragraph shall apply to an individual described in this 

5 clause in the same manner as an individual filing a peti6 tion under subparagraph (A)(iv).’’. 

7 (d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY

8 REQUIREMENT FOR BATTERED ADOPTED CHILDREN.— 

9 Section 101(b)(1)(E)(i) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by in11 serting before the colon the following: ‘‘or if the child has 

12 been battered or subject to extreme cruelty by the adopt13 ing parent or by a family member of the adopting parent 

14 residing in the same household’’. 

15 Subtitle B—VAWA Self-Petitioners 

16 SEC. 811. DEFINITION OF VAWA SELF-PETITIONER. 

17 Section 101(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1101(a)) is amended by adding at the end 

19 the following: 

20 ‘‘(51) The term ‘VAWA self-petitioner’ means 

21 an alien, or a child of the alien, who qualifies for re22 lief under— 

23 ‘‘(A) clause (iii), (iv), or (vii) of section 

24 204(a)(1)(A); 
234 

•S 1197 RS 

1 ‘‘(B) clause (ii) or (iii) of section 

2 204(a)(1)(B); 

3 ‘‘(C) the first section of Public Law 89– 

4 732 (8 U.S.C. 1255 note) (commonly known as 

5 the Cuban Adjustment Act) as a child or spouse 

6 who has been battered or subjected to extreme 

7 cruelty; 

8 ‘‘(D) section 902(d)(1)(B) of the Haitian 

9 Refugee Immigration Fairness Act of 1998 (8 

10 U.S.C. 1255 note); 

11 ‘‘(E) section 202(d)(1) of the Nicaraguan 

12 Adjustment and Central American Relief Act; 

13 or 

14 ‘‘(F) section 309 of the Illegal Immigration 

15 Reform and Immigrant Responsibility Act of 

16 1996 (division C of Public Law 104–208).’’. 

17 SEC. 812. APPLICATION TO FIANCEES WHO DO NOT MARRY 

18 WITHIN 90 DAY PERIOD. 

19 (a) IN GENERAL.—Section 214(d) of the Immigra20 tion and Nationality Act (8 U.S.C. 1184(d)) is amended 

21 by inserting before the period at the end the following: 

22 ‘‘, unless the alien is eligible for status as a VAWA self23 petitioner, for relief under section 240A(b)(2), or for relief 

24 under section 244(a)(3) (as in effect prior to March 31, 
235 

•S 1197 RS 

1 1997), and the alien married the United States citizen 

2 who filed the petition under section 101(a)(15)(K)(i)’’. 

3 (b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN

4 WHO ENTERED THE UNITED STATES ON FINANCE VISAS

5 FROM CONDITIONAL RESIDENCY STATUS REQUIRE6 MENT.—Section 245(d) of the Immigration and Nation7 ality Act (8 U.S.C. 1255(d)) is amended— 

8 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

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

10 ‘‘(2) The failure of a nonimmigrant described in sec11 tion 101(a)(15)(K) to marry within 3 months of being ad12 mitted in such status does not restrict the Secretary of 

13 Homeland Security’s or the Attorney General’s authority 

14 to adjust the status of the nonimmigrant, or grant relief 

15 under section 240A(b)(2), or under section 244(a)(3) (as 

16 in effect prior to March 31, 1997), provided that— 

17 ‘‘(A) the alien married the United States citizen 

18 who filed the petition under section 

19 101(a)(15)(K)(i); and 

20 ‘‘(B) the United States citizen petitioner sub21 jected a VAWA self-petitioner to battery or extreme 

22 cruelty.’’. 
236 

•S 1197 RS 

1 SEC. 813. APPLICATION IN CASE OF VOLUNTARY DEPAR2 TURE. 

3 Section 240B(d) of the Immigration and Nationality 

4 Act (8 U.S.C. 1229c(d)) is amended to read as follows: 

5 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.— 

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

7 if an alien is permitted to depart voluntarily under 

8 this section and voluntarily fails to depart the 

9 United States within the time period specified, the 

10 alien— 

11 ‘‘(A) shall be subject to a civil penalty of 

12 not less than $1,000 and not more than 

13 $5,000; and 

14 ‘‘(B) shall be ineligible, for a period of 10 

15 years, to receive any further relief under this 

16 section and sections 240A, 245, 248, and 249. 

17 ‘‘(2) APPLICATION OF VAWA PROTECTIONS.— 

18 The restrictions on relief under paragraph (1) shall 

19 not apply to relief under section 240A or 245 on the 

20 basis of a petition filed by a VAWA self-petitioner, 

21 or a petition filed under section 240A(b)(2), or 

22 under section 244(a)(3) (as in effect prior to March 

23 31, 1997),if the extreme cruelty or battering oc24 curred before the alien overstayed the grant of vol25 untary departure. 
237 

•S 1197 RS 

1 ‘‘(3) NOTICE OF PENALTIES.—The order per2 mitting an alien to depart voluntarily shall inform 

3 the alien of the penalties under this subsection.’’. 

4 SEC. 814. REMOVAL PROCEEDINGS. 

5 (a) EXCEPTIONAL CIRCUMSTANCES.— 

6 (1) IN GENERAL.—Section 240(e)(1) of the Im7 migration and Nationality Act (8 U.S.C. 

8 1229a(e)(1)) is amended by striking ‘‘serious illness 

9 of the alien’’ and inserting ‘‘battery or extreme cru10 elty to the alien or any child or parent of the alien, 

11 serious illness of the alien,’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall apply to a failure to appear 

14 that occurs before, on, or after the date of the enact15 ment of this Act. 

16 (b) NONAPPLICATION OF REINSTATEMENT OF RE17 MOVAL.— 

18 (1) IN GENERAL.—Section 241(a)(5) of the Im19 migration and Nationality Act (8 U.S.C. 1231(a)(5)) 

20 is amended— 

21 (A) by striking ‘‘If the Attorney General’’ 

22 and inserting the following: 

23 ‘‘(A) IN GENERAL.—If the Secretary of 

24 Homeland Security’’; and 

25 (B) by adding at the end the following: 
238 

•S 1197 RS 

1 ‘‘(B) EXEMPTION.—The provisions of sub2 paragraph (A) shall not apply to an alien who 

3 has been battered or subjected to extreme cru4 elty or who is a crime victim whom the Attor5 ney General or Secretary of Homeland Security 

6 determines may be statutorily eligible for classi7 fication under subparagraph (T) or (U) of sec8 tion 101(a)(15), for classification under sub9 paragraph (A)(1)(iii), (A)(1)(iv), (B)(ii), 

10 (B)(iii), or (B)(iv) of section 204(a)(1), for 

11 classification as a VAWA self-petitioner, or for 

12 relief under section 240A(b)(2) or section 

13 244(a)(3) (as in effect prior to March 31, 

14 1997).’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by paragraph (1) and the exemption in paragraph 

17 (2) shall apply to those eligible relief before, on, or 

18 after the date of enactment of this Act. 

19 (c) RESTRICTION ON REMOVAL WHILE VAWA PETI20 TION PENDING.— 

21 (1) IN GENERAL.—Section 240 of the Immigra22 tion and Nationality Act (8 U.S.C. 1229a) is amend23 ed by adding at the end the following: 

24 ‘‘(f) RESTRICTION ON REMOVAL WHILE PETITION

25 PENDING.—An alien who is a VAWA self-petitioner, the 
239 

•S 1197 RS 

1 beneficiary under subparagraph (T) or (U) of section 

2 101(a)(15) who meets the requirement of section 

3 240A(b)(2) or subparagraphs (A) through (C) of section 

4 216(c)(4), or who qualifies for relief under section 

5 244(a)(3) (as in effect on March 31, 1997)— 

6 ‘‘(1) shall not be removed or deported unless 

7 the petition is denied and all opportunities for ap8 peal of the denial have been exhausted; and 

9 ‘‘(2) shall not be detained while in removal pro10 ceedings, unless mandatory detention is required 

11 under section 236A or 236(c).’’. 

12 (2) WAIVERS AND EXCEPTIONS.—Section 

13 236(c)(2) of the Immigration and Nationality Act (8 

14 U.S.C. 1226) is amended— 

15 (A) in paragraph (2) by inserting ‘‘(A)’’ 

16 before ‘‘The Attorney General may release an 

17 alien described in paragraph (1) only’’; and 

18 (B) adding at the end the following: 

19 ‘‘(B) The Secretary of Homeland Security 

20 or the Attorney General may release on their 

21 own recognizance an alien described in para22 graph (1) if the Secretary or the Attorney Gen23 eral determines that the alien may qualify for— 
240 

•S 1197 RS 

1 ‘‘(i) a waiver under section 

2 212(d)(13), 212(d)(14), 212(h), 

3 237(a)(2)(A)(v), or 237(a)(7); or 

4 ‘‘(ii) an exception under section 

5 204(a)(1)(C); or 

6 ‘‘(iii) relief under section 240A(a).’’. 

7 (d) CLARIFYING APPLICATION OF DOMESTIC VIO8 LENCE WAIVER AUTHORITY IN CANCELLATION OF RE9 MOVAL.— 

10 (1) IN GENERAL.—Section 240A(b) of the Im11 migration and Nationality Act (8 U.S.C. 1229b(b)) 

12 is amended— 

13 (A) in paragraph (1)(C), by striking ‘‘(ex14 cept in a case described in section 237(a)(7) 

15 where the Attorney General exercises discretion 

16 to grant a waiver)’’ and inserting ‘‘, subject to 

17 paragraph (5)’’; 

18 (B) in paragraph (2)(A)(iv), by striking 

19 ‘‘(except in a case described in section 

20 237(a)(7) where the Attorney General exercises 

21 discretion to grant a waiver)’’ and inserting ‘‘, 

22 subject to paragraph (5)’’; and 

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

24 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE

25 WAIVER AUTHORITY.—The authority provided under 
241 

•S 1197 RS 

1 section 237(a)(7) shall apply under paragraphs 

2 (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of re3 moval and adjustment of status proceeding.’’. 

4 SEC. 815. ELIMINATING ABUSERS’ CONTROL OVER APPLI5 CATIONS FOR ADJUSTMENTS OF STATUS. 

6 (a) APPLICATION OF VAWA DEPORTATION PROTEC7 TIONS TO ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN

8 ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION

9 FAIRNESS ACT.—Section 1506(c)(2) of the Violence 

10 Against Women Act of 2000 (8 U.S.C. 1229a note; divi11 sion B of Public Law 106–386) is amended— 

12 (1) in subparagraph (A)— 

13 (A) by amending clause (i) to read as fol14 lows: 

15 ‘‘(i) if the basis of the motion is to 

16 apply for relief under— 

17 ‘‘(I) clause (iii) or (iv) of section 

18 204(a)(1)(A) of the Immigration and 

19 Nationality Act (8 U.S.C. 

20 1154(a)(1)(A)); 

21 ‘‘(II) clause (ii) or (iii) of section 

22 204(a)(1)(B) of such Act (8 U.S.C. 

23 1154(a)(1)(B)); 

24 ‘‘(III) section 244(a)(3) of such 

25 Act (8 U.S.C. 8 U.S.C. 1254(a)(3)); 
242 

•S 1197 RS 

1 ‘‘(IV) the first section of Public 

2 Law 89–732 (8 U.S.C. 1255 note) 

3 (commonly known as the Cuban Ad4 justment Act) as a child or spouse 

5 who has been battered or subjected to 

6 extreme cruelty; or 

7 ‘‘(V) section 902(d)(1)(B) of the 

8 Haitian Refugee Immigration Fair9 ness Act of 1998 (8 U.S.C. 1255 

10 note); and’’; and 

11 (B) in clause (ii), by inserting ‘‘or adjust12 ment of status’’ after ‘‘suspension of deporta13 tion’’; and 

14 (2) in subparagraph (B)(ii), by striking ‘‘for re15 lief’’ and all that follows through ‘‘1101 note))’’ and 

16 inserting ‘‘for relief described in subparagraph 

17 (A)(i)’’. 

18 (b) EMPLOYMENT AUTHORIZATION FOR VAWA 

19 SELF-PETITIONERS.—Section 204(a)(1) of the Immigra20 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend21 ed by adding at the end the following: 

22 ‘‘(l) An alien who is in the United States and has 

23 a petition, pending or approved as a VAWA self-petitioner, 

24 that sets forth a prima facie case for status or classifica-
243 

•S 1197 RS 

1 tion under such clause shall be eligible for employment au2 thorization.’’. 

3 SEC. 816. APPLICATION FOR VAWA-RELATED RELIEF. 

4 (a) IN GENERAL.—Section 202(d)(1) of the Nica5 raguan Adjustment and Central American Relief Act (8 

6 U.S.C. 1255 note; Public Law 105–100) is amended— 

7 (1) in subparagraph (B)(ii), by inserting ‘‘, or 

8 was eligible for adjustment,’’ after ‘‘whose status is 

9 adjusted’’; and 

10 (2) in subparagraph (E), by inserting ‘‘, or, in 

11 the case of an alien who qualifies under subpara12 graph (B)(ii), applies for such adjustment during 

13 the 18-month period beginning on the date of enact14 ment of the Violence Against Women Act of 2005’’ 

15 after ‘‘April 1, 2000’’. 

16 (b) TECHNICAL AMENDMENT.—Section 202(d)(3) of 

17 such Act (8 U.S.C. 1255 note; Public Law 105–100) is 

18 amended by striking ‘‘204(a)(1)(H)’’ and inserting 

19 ‘‘204(a)(1)(J)’’. 

20 (c) EFFECTIVE DATE.—The amendment made by 

21 subsection (b) shall take effect as if included in the enact22 ment of the Violence Against Women Act of 2000 (division 

23 B of Public Law 106–386; 114 Stat. 1491). 
244 

•S 1197 RS 

1 SEC. 817. SELF-PETITIONING PARENTS. 

2 Section 204(a)(1)(A) of the Immigration and Nation3 ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding 

4 at the end the following: 

5 ‘‘(vii) An alien may file a petition with the Secretary 

6 of Homeland Security under this subparagraph for classi7 fication of the alien under section 201(b)(2)(A)(i) if the 

8 alien— 

9 ‘‘(I) is the parent of a citizen of the United 

10 States or was a parent of a citizen of the United 

11 States who, within the past 2 years, lost or re12 nounced citizenship status related to an incident of 

13 domestic violence or died; 

14 ‘‘(II) is a person of good moral character; 

15 ‘‘(III) is eligible to be classified as an imme16 diate relative under section 201(b)(2)(A)(i); 

17 ‘‘(IV) resides, or has resided, with the citizen 

18 daughter or son; and 

19 ‘‘(V) demonstrates that the alien has been bat20 tered or subject to extreme cruelty by the citizen 

21 daughter or son.’’. 

22 SEC. 818. VAWA CONFIDENTIALITY NON-DISCLOSURE. 

23 Section 384 of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)) 

25 is amended— 

26 (1) in subsection (a)— 
245 

•S 1197 RS 

1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘(including any bureau or agency of 

3 such Department)’’ and inserting ‘‘, the Sec4 retary of Homeland Security, the Secretary of 

5 State, or any other official or employee of the 

6 Department of Homeland Security or Depart7 ment of State (including any bureau or agency 

8 of either of such Departments)’’; and 

9 (B) in paragraph (1)— 

10 (i) in subparagraph (D), by striking 

11 ‘‘or’’ at the end; 

12 (ii) in subparagraph (E), by adding 

13 ‘‘or’’ at the end; and 

14 (iii) by inserting after subparagraph 

15 (E) the following: 

16 ‘‘(F) in the case of an alien applying for 

17 status under section 101(a)(15)(T) of the Im18 migration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(T)), under section 

20 107(b)(1)(E)(i)(II)(bb) of the Trafficking Vic21 tims Protection Act of 2000 (22 U.S.C. 7105), 

22 under section 244(a)(3) of the Immigration and 

23 Nationality Act (8 U.S.C. 1254a(a)(3)), as in 

24 effect prior to March 31, 1999, or as a VAWA 

25 self-petitioner (as defined in section 101(a)(51) 
246 

•S 1197 RS 

1 of the Immigration and Nationality Act (8 

2 U.S.C. 1101(a)(51)), the trafficker or perpe3 trator,’’. 

4 (2) in subsection (b)(2), by inserting ‘‘or his 

5 other designee’’ after ‘‘the discretion of the Attorney 

6 General.’’. 

7 Subtitle C—Miscellaneous 

8 Amendments 

9 SEC. 821. DURATION OF T AND U VISAS. 

10 (a) T VISAS.—Section 214(o) of the Immigration and 

11 Nationality Act (8 U.S.C. 1184(o)) is amended by adding 

12 at the end the following: 

13 ‘‘(7)(A) Except as provided in subparagraph (B), an 

14 alien who is issued a visa or otherwise provided non15 immigrant status under section 101(a)(15)(T) may be 

16 granted such status for a period of not more than 4 years. 

17 ‘‘(B) An alien who is issued a visa or otherwise pro18 vided nonimmigrant status under section 101(a)(15)(T) 

19 may extend the period of such status beyond the period 

20 described in subparagraph (A) if a Federal, State, or local 

21 law enforcement official, prosecutor, judge, or other au22 thority investigating or prosecuting activity relating to 

23 human trafficking or certifies that the presence of the 

24 alien in the United States is necessary to assist in the 

25 investigation or prosecution of such activity.’’. 
247 

•S 1197 RS 

1 (b) U VISAS.—Section 214(p) of the Immigration 

2 and Nationality Act (8 U.S.C. 1184(p)) is amended by 

3 adding at the end the following: 

4 ‘‘(6) DURATION OF STATUS.—The authorized 

5 period of status of an alien as a nonimmigrant 

6 under section 101(a)(15)(U) shall be 4 years, but 

7 shall be extended upon certification from a Federal, 

8 State, or local law enforcement official, prosecutor, 

9 judge, or other Federal, State, or local authority in10 vestigating or prosecuting criminal activity described 

11 in section 101(a)(15)(U)(iii) that the alien’s contin12 ued presence in the United States is required to as13 sist in the investigation or prosecution of such crimi14 nal activity.’’. 

15 (c) PERMITTING CHANGE OF NONIMMIGRANT STA16 TUS TO T AND U NONIMMIGRANT STATUS.— 

17 (1) IN GENERAL.—Section 248 of the Immigra18 tion and Nationality Act (8 U.S.C. 1258) is amend19 ed— 

20 (A) by striking ‘‘The Attorney General’’ 

21 and inserting ‘‘(a) The Secretary of Homeland 

22 Security’’; 

23 (B) by inserting ‘‘(subject to subsection 

24 (b))’’ after ‘‘except’’; and 

25 (C) by adding at the end the following: 
248 

•S 1197 RS 

1 ‘‘(b) The exceptions specified in paragraphs (1) 

2 through (4) of subsection (a) shall not apply to a change 

3 of nonimmigrant classification to that of a nonimmigrant 

4 under subparagraph (T) or (U) of section 101(a)(15).’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 214(l)(2)(A) of the Immigration and Nationality Act 

7 (8 U.S.C. 1184(l)(2)(A)) is amended by striking 

8 ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’. 

9 SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN AP10 PLICATION OF SPECIAL PHYSICAL PRESENCE 

11 AND GOOD MORAL CHARACTER RULES. 

12 (a) PHYSICAL PRESENCE RULES.—Section 

13 240A(b)(2)(B) of the Immigration and Nationality Act (8 

14 U.S.C. 1229b(b)(2)(B)) is amended— 

15 (1) in the first sentence, by striking 

16 ‘‘(A)(i)(II)’’ and inserting ‘‘(A)(ii)’’; and 

17 (2) in the fourth sentence, by striking ‘‘sub18 section (b)(2)(B) of this section’’ and inserting ‘‘this 

19 subparagraph, subparagraph (A)(ii),’’. 

20 (b) MORAL CHARACTER RULES.—Section 

21 240A(b)(2)(C) of the Immigration and Nationality Act (8 

22 U.S.C. 1229b(b)(2)(C)) is amended by striking 

23 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

24 (c) CORRECTION OF CROSS-REFERENCE ERROR IN

25 APPLYING GOOD MORAL CHARACTER.— 
249 

•S 1197 RS 

1 (1) IN GENERAL.—Section 101(f)(3) of the Im2 migration and Nationality Act (8 U.S.C. 1101(f)(3)) 

3 is amended by striking ‘‘(9)(A)’’ and inserting 

4 ‘‘(10)(A)’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall be effective as if included in 

7 section 603(a)(1) of the Immigration Act of 1990 

8 (Public Law 101–649; 104 Stat. 5082). 

9 SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER 

10 SPOUSES UNDER CUBAN ADJUSTMENT. 

11 (a) IN GENERAL.—The first section of Public Law 

12 89–732 (8 U.S.C. 1255 note) (commonly known as the 

13 Cuban Adjustment Act) is amended— 

14 (1) in the last sentence, by striking 

15 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and 

16 (2) by adding at the end the following: ‘‘An 

17 alien who was the spouse of any Cuban alien de18 scribed in this section and has resided with such 

19 spouse shall continue to be treated as such a spouse 

20 for 2 years after the date on which the Cuban alien 

21 dies (or, if later, 2 years after the date of enactment 

22 of Violence Against Women Act of 2005), or for 2 

23 years after the date of termination of the marriage 

24 (or, if later, 2 years after the date of enactment of 

25 Violence Against Women Act of 2005) if there is 
250 

•S 1197 RS 

1 demonstrated a connection between the termination 

2 of the marriage and the battering or extreme cruelty 

3 by the Cuban alien.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a)(1) shall take effect as if included in the en6 actment of the Violence Against Women Act of 2000 (divi7 sion B of Public Law 106–386; 114 Stat. 1491). 

8 SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLI9 CANTS. 

10 (a) IN GENERAL.—Section 902(d)(1)(B) of the Hai11 tian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 

12 1255 note) is amended— 

13 (1) in clause (i), by striking ‘‘whose status is 

14 adjusted to that of an alien lawfully admitted for 

15 permanent residence’’ and inserting ‘‘who is or was 

16 eligible for classification’’; 

17 (2) in clause (ii), by striking ‘‘whose status is 

18 adjusted to that of an alien lawfully admitted for 

19 permanent residence’’ and inserting ‘‘who is or was 

20 eligible for classification’’; and 

21 (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ 

22 and inserting ‘‘204(a)(1)(J)’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a)(3) shall take effect as if included in the en-
251 

•S 1197 RS 

1 actment of the Violence Against Women Act of 2000 (divi2 sion B of Public Law 106–386; 114 Stat. 1491). 

3 SEC. 825. DEPORTATION PROCEEDINGS. 

4 (a) DEPORTATION OR REMOVAL PROCEEDINGS.— 

5 (1) IN GENERAL.—Section 240(c)(6)(C) of the 

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

7 1229a(c)(6)(C)) is amended— 

8 (A) in clause (iv), by striking ‘‘The dead9 line specified in subsection (b)(5)(C) for filing 

10 a motion to reopen does not apply—’’ and in11 serting ‘‘No limitation on number of motions or 

12 on deadlines for filing motions under other pro13 visions of this section shall apply—’’; and 

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

15 ‘‘(v) STAY OF REMOVAL.—The filing 

16 of the motion described in clause (iv) shall 

17 stay the removal of the alien pending a 

18 final disposition of the motion, including 

19 the exhaustion of all appeals. Only 1 spe20 cial motion under clause (iv) is per21 mitted.’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by paragraph (1) shall take effect as if included in 

24 the enactment of section 442(a) of the Antiterrorism 
252 

•S 1197 RS 

1 and Effective Death Penalty Act of 1996 (Public 

2 Law 104–132; 110 Stat. 1279). 

3 (b) MOTIONS TO REOPEN DEPORTATION PRO4 CEEDINGS.—Section 1506(c)(2)(A) of the Violence 

5 Against Women Act of 2000 (division B of Public Law 

6 106–386; 8 U.S.C. 1229a note) is amended— 

7 (1) by inserting ‘‘on number of motions or 

8 deadlines for filing motions’’ after ‘‘Notwithstanding 

9 any limitation’’; 

10 (2) by inserting ‘‘, deadline, or limit on number 

11 of motions’’ after ‘‘there is no time limit’’; and 

12 (3) by striking ‘‘, and the’’ and inserting ‘‘. The 

13 filing of a motion described in clauses (i) and (ii) 

14 shall stay the removal of the aliens pending a final 

15 disposition of the motion, including the exhaustion 

16 of all appeals. Only 1 motion under clauses (i) and 

17 (ii) is permitted. The’’. 

18 (c) CONFORMING AMENDMENTS.—Section 212(a) of 

19 the Immigration and Nationality Act (8 U.S.C. 1182(a)) 

20 is amended— 

21 (1) in paragraph (6)(A)(ii)(III), by striking 

22 ‘‘substantial’’; and 

23 (2) in paragraph (9)(B)(iii)(IV), by striking 

24 ‘‘who would be described in paragraph (6)(A)(ii)’’ 

25 and inserting ‘‘who demonstrates that the alien is 
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1 described in subclauses (I) and (II) of paragraph 

2 (b)(A)(ii)’’. 

3 SEC. 826. LIMITATIONS ON ENFORCEMENT. 

4 Section 287 of the Immigration and Nationality Act 

5 (8 U.S.C. 1357) is amended by adding at the end the fol6 lowing: 

7 ‘‘(h) Immigration officers and employees shall not un8 dertake any civil immigration enforcement action— 

9 ‘‘(1) at a domestic violence shelter, a victims 

10 services organization or program, a rape crisis cen11 ter, a family justice center, or a supervised visitation 

12 center; or 

13 ‘‘(2) at, or in connection with the appearance 

14 at, a courthouse of an alien who is appearing in con15 nection with a protection order case, child custody 

16 case, or other civil or criminal case relating to do17 mestic violence, sexual assault, trafficking, or stalk18 ing in which the alien has been battered or subject 

19 to extreme cruelty or who is described in subpara20 graph (T) or (U) of section 101(a)(15).’’. 

21 SEC. 827. PROTECTING ABUSED JUVENILES. 

22 Section 287 of the Immigration and Nationality Act 

23 (8 U.S.C. 1357), as amended by section 726, is further 

24 amended by adding at the end the following— 
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1 ‘‘(i) An alien described in section 101(a)(27)(J) of 

2 the Immigration and Nationality Act who has been bat3 tered, abused, neglected, or abandoned, shall not be com4 pelled to contact the alleged abuser (or family member of 

5 the alleged abuser) at any stage of applying for special 

6 immigrant juvenile status, including after a request for 

7 the consent of the Secretary of Homeland Security under 

8 section 101(a)(27)(J)(iii)(I) of such Act.’’. 

9 SEC. 828. RULEMAKING. 

10 Not later than 180 days after the date of enactment 

11 of this Act, the Attorney General, the Secretary of Home12 land Security, and the Secretary of State shall promulgate 

13 regulations to implement the provisions contained in the 

14 Battered Immigrant Women Protection Act of 2000 (title 

15 v of Public Law 106–386), this Act, and the amendments 

16 made by this Act. 

17 TITLE IX—SAFETY FOR INDIAN 

18 WOMEN 

19 SEC. 901. FINDINGS. 

20 Congress finds that— 

21 (1) 1 out of every 3 Indian (including Alaska 

22 Native) women are raped in their lifetimes; 

23 (2) Indian women experience 7 sexual assaults 

24 per 1,000, compared with 4 per 1,000 among Black 

25 Americans, 3 per 1,000 among Caucasians, 2 per 
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1 1,000 among Hispanic women, and 1 per 1,000 

2 among Asian women; 

3 (3) Indian women experience the violent crime 

4 of battering at a rate of 23.2 per 1,000, compared 

5 with 8 per 1,000 among Caucasian women; 

6 (4) during the period 1979 through 1992, 

7 homicide was the third leading cause of death of In8 dian females aged 15 to 34, and 75 percent were 

9 killed by family members or acquaintances; 

10 (5) Indian tribes require additional criminal 

11 justice and victim services resources to respond to 

12 violent assaults against women; and 

13 (6) the unique legal relationship of the United 

14 States to Indian tribes creates a Federal trust re15 sponsibility to assist tribal governments in safe16 guarding the lives of Indian women. 

17 SEC. 902. PURPOSES. 

18 The purposes of this title are— 

19 (1) to decrease the incidence of violent crimes 

20 against Indian women; 

21 (2) to strengthen the capacity of Indian tribes 

22 to exercise their sovereign authority to respond to 

23 violent crimes committed against Indian women; and 
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1 (3) to ensure that perpetrators of violent crimes 

2 committed against Indian women are held account3 able for their criminal behavior. 

4 SEC. 903. CONSULTATION. 

5 (a) IN GENERAL.—The Attorney General shall con6 duct annual consultations with Indian tribal governments 

7 concerning the Federal administration of tribal funds and 

8 programs established under this Act, the Violence Against 

9 Women Act of 1994 (title IV of Public Law 103–322; 108 

10 Stat. 1902) and the Violence Against Women Act of 2000 

11 (division B of Public Law 106–386; 114 Stat. 1491). 

12 (b) RECOMMENDATIONS.—During consultations 

13 under subsection (a), the Secretary and the Attorney Gen14 eral shall solicit recommendations from Indian tribes con15 cerning— 

16 (1) administering tribal funds and programs; 

17 (2) enhancing the safety of Indian women from 

18 domestic violence, dating violence, sexual assault, 

19 and stalking; and 

20 (3) strengthening the Federal response to such 

21 violent crimes. 

22 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

23 INDIAN WOMEN. 

24 (a) NATIONAL BASELINE STUDY.— 
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1 (1) IN GENERAL.—The National Institute of 

2 Justice, in consultation with the Office on Violence 

3 Against Women, shall conduct a national baseline 

4 study to examine violence against Indian women in 

5 Indian country. 

6 (2) SCOPE.— 

7 (A) IN GENERAL.—The study shall exam8 ine violence committed against Indian women, 

9 including— 

10 (i) domestic violence; 

11 (ii) dating violence; 

12 (iii) sexual assault; 

13 (iv) stalking; and 

14 (v) murder. 

15 (B) EVALUATION.—The study shall evalu16 ate the effectiveness of Federal, State, tribal, 

17 and local responses to the violations described 

18 in subparagraph (A) committed against Indian 

19 women. 

20 (C) RECOMMENDATIONS.—The study shall 

21 propose recommendations to improve the effec22 tiveness of Federal, State, tribal, and local re23 sponses to the violation described in subpara24 graph (A) committed against Indian women. 

25 (3) TASK FORCE.— 
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1 (A) IN GENERAL.—The Attorney General, 

2 acting through the Director of the Office on Vi3 olence Against Women, shall establish a task 

4 force to assist in the development and imple5 mentation of the study under paragraph (1) 

6 and guide implementation of the recommenda7 tion in paragraph (2)(C). 

8 (B) MEMBERS.—The Director shall ap9 point to the task force representatives from— 

10 (i) national tribal domestic violence 

11 and sexual assault nonprofit organizations; 

12 (ii) tribal governments; and 

13 (iii) representatives from the national 

14 tribal organizations. 

15 (4) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, the Attorney General 

17 shall submit to the Committee on Indian Affairs of 

18 the Senate, the Committee on the Judiciary of the 

19 Senate, and the Committee on the Judiciary of the 

20 House of Representatives a report that describes the 

21 study. 

22 (5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to carry out 

24 this section $1,000,000 for each of fiscal years 2006 

25 and 2007, to remain available until expended. 
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1 (b) INJURY STUDY.— 

2 (1) IN GENERAL.—The Secretary of Health and 

3 Human Services, acting through the Indian Health 

4 Service and the Injury Control Division of the Cen5 ters for Disease Control and Prevention, shall con6 duct a study to obtain a national projection of— 

7 (A) the incidence of injuries and homicides 

8 resulting from domestic violence, dating vio9 lence, sexual assault, or stalking committed 

10 against American Indian and Alaska Native 

11 women; and 

12 (B) the cost of providing health care for 

13 the injuries described in subparagraph (A). 

14 (2) REPORT.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary of 

16 Health and Human Services shall submit to the 

17 Committee on Indian Affairs of the Senate, the 

18 Committee on the Judiciary of the Senate, and the 

19 Committee on the Judiciary of the House of Rep20 resentatives a report that describes the findings 

21 made in the study and recommends for health care 

22 strategies for reducing the incidence and cost of the 

23 injuries described in paragraph (1). 

24 (3) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to carry out 
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1 this section $500,000 for each of fiscal years 2006 

2 and 2007, to remain available until expended. 

3 SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN 

4 WOMEN. 

5 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

6 DATABASES.—Section 534 of title 28, United States Code, 

7 is amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The 

13 Attorney General shall permit Indian law enforcement 

14 agencies, in cases of domestic violence, dating violence, 

15 sexual assault, and stalking, to enter information into 

16 Federal criminal information databases and to obtain in17 formation from the databases.’’. 

18 (b) TRIBAL REGISTRY.— 

19 (1) ESTABLISHMENT.—The Attorney General 

20 shall contract with any interested Indian tribe, tribal 

21 organization, or tribal nonprofit organization to de22 velop and maintain— 

23 (A) a national tribal sex offender registry; 

24 and 
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1 (B) a tribal protection order registry con2 taining civil and criminal orders of protection 

3 issued by Indian tribes and participating juris4 dictions. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this section $1,000,000 for each of fiscal years 2006 

8 through 2010, to remain available until expended. 

9 SEC. 906. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE 

10 AGAINST WOMEN. 

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

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

13 amended by adding at the end the following: 

14 ‘‘SEC. 2007. TRIBAL DEPUTY. 

15 ‘‘(a) ESTABLISHMENT.—There is established in the 

16 Office on Violence Against Women a Deputy Director for 

17 Tribal Affairs. 

18 ‘‘(b) DUTIES.— 

19 ‘‘(1) IN GENERAL.—The Deputy Director shall 

20 under the guidance and authority of the Director of 

21 the Office on Violence Against Women— 

22 ‘‘(A) oversee and manage the administra23 tion of grants to and contracts with Indian 

24 tribes, tribal courts, tribal organizations, or 

25 tribal nonprofit organizations; 
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1 ‘‘(B) ensure that, if a grant under this Act 

2 or a contract pursuant to such a grant is made 

3 to an organization to perform services that ben4 efit more than 1 Indian tribe, the approval of 

5 each Indian tribe to be benefited shall be a pre6 requisite to the making of the grant or letting 

7 of the contract; 

8 ‘‘(C) coordinate development of Federal 

9 policy, protocols, and guidelines on matters re10 lating to violence against Indian women; 

11 ‘‘(D) advise the Director of the Office on 

12 Violence Against Women concerning policies, 

13 legislation, implementation of laws, and other 

14 issues relating to violence against Indian 

15 women; 

16 ‘‘(E) represent the Office on Violence 

17 Against Women in the annual consultations 

18 under section 903; 

19 ‘‘(F) provide technical assistance, coordina20 tion, and support to other offices and bureaus 

21 in the Department of Justice to develop policy 

22 and to enforce Federal laws relating to violence 

23 against Indian women, including through litiga24 tion of civil and criminal actions relating to 

25 those laws; 
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1 ‘‘(G) maintain a liaison with the judicial 

2 branches of Federal, State, and tribal govern3 ments on matters relating to violence against 

4 Indian women; 

5 ‘‘(H) support enforcement of tribal protec6 tion orders and implementation of full faith and 

7 credit educational projects and comity agree8 ments between Indian tribes and States; and 

9 ‘‘(I) ensure that adequate tribal technical 

10 assistance is made available to Indian tribes, 

11 tribal courts, tribal organizations, and tribal 

12 nonprofit organizations for all programs relat13 ing to violence against Indian women. 

14 ‘‘(c) AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—The Deputy Director shall 

16 ensure that a portion of the tribal set-aside funds 

17 from any grant awarded under this Act, the Violence 

18 Against Women Act of 1994 (title IV of Public Law 

19 103–322; 108 Stat. 1902), or the Violence Against 

20 Women Act of 2000 (division B of Public Law 106– 

21 386; 114 Stat. 1491) is used to enhance the capac22 ity of Indian tribes to address the safety of Indian 

23 women. 

24 ‘‘(2) ACCOUNTABILITY.—The Deputy Director 

25 shall ensure that some portion of the tribal set-aside 
264 

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1 funds from any grant made under this part is used 

2 to hold offenders accountable through— 

3 ‘‘(A) enhancement to the response of In4 dian tribes to crimes of domestic violence, dat5 ing violence, sexual assault, and stalking 

6 against Indian women, including legal services 

7 for victims and Indian-specific offender pro8 grams; 

9 ‘‘(B) development and maintenance of trib10 al domestic violence shelters or programs for 

11 battered Indian women, including sexual assault 

12 services, that are based upon the unique cir13 cumstances of the Indian women to be served; 

14 ‘‘(C) development of tribal educational 

15 awareness programs and materials; 

16 ‘‘(D) support for customary tribal activities 

17 to strengthen the intolerance of an Indian tribe 

18 to violence against Indian women; and 

19 ‘‘(E) development, implementation, and 

20 maintenance of tribal electronic databases for 

21 tribal protection order registries.’’. 

22 SEC. 907. ENHANCED CRIMINAL LAW RESOURCES. 

23 (a) FIREARMS POSSESSION PROHIBITIONS.—Section 

24 921(33)(A)(i) of title 18, United States Code, is amended 
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1 to read: ‘‘(i) is a misdemeanor under Federal, State, or 

2 Tribal law; and’’. 

3 (b) LAW ENFORCEMENT AUTHORITY.—Section 4(3) 

4 of the Indian Law Enforcement Reform Act (25 U.S.C. 

5 2803(3) is amended— 

6 (1) in subparagraph (A), by striking ‘‘or’’; 

7 (2) in subparagraph (B), by striking the semi8 colon and inserting ‘‘, or’’; and 

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

10 ‘‘(C) the offense is a misdemeanor crime of 

11 domestic violence and has, as an element, the 

12 use or attempted use of physical force, or the 

13 threatened use of a deadly weapon, committed 

14 by a current or former spouse, parent, or 

15 guardian of the victim, by a person with whom 

16 the victim shares a child in common, by a per17 son who is cohabitating with or has cohabited 

18 with the victim as a spouse, parent, or guard19 ian, or by a person similarly situated to a 

20 spouse, parent or guardian of the victim, and 

21 the employee has reasonable grounds to believe 

22 that the person to be arrested has committed, 

23 or is committing the crime;’’. 
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1 SEC. 908. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER. 

2 Chapter 7 of title 18, United States Code, is amended 

3 by adding at the end the following: 

4 ‘‘§ 117. DOMESTIC ASSAULT BY AN HABITUAL OF5 FENDER. 

6 ‘‘Any person who commits a domestic assault within 

7 the special maritime and territorial jurisdiction of the 

8 United States or Indian country and who has a final con9 viction on at least 2 separate prior occasions in Federal, 

10 State, or Indian tribal court proceedings for offenses that 

11 would be, if subject to Federal jurisdiction— 

12 ‘‘(1) any assault, sexual abuse, or serious vio13 lent felony against a spouse or intimate partner; or 

14 ‘‘(2) an offense under chapter 110A, 

15 shall be fined under this title, imprisoned for a term of 

16 not more than 5 years, or both, except that if substantial 

17 bodily injury results from violation under this section, the 

18 offender shall be imprisoned for a term of not more than 

19 10 years.’’. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Violence Against Women 

22 Act of 2005’’. 

23 SEC. 2. TABLE OF CONTENTS. 

24 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. 
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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. 

TITLE II—IMPROVING SERVICES FOR VICTIMS OF DOMESTIC 

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 

Sec. 201. Findings. 

Sec. 202. Sexual assault services program. 

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

assistance program. 

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

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

Sec. 206. Strengthening the national domestic violence hotline. 

TITLE III—SERVICES, PROTECTION, AND JUSTICE FOR YOUNG 

VICTIMS OF VIOLENCE 

Sec. 301. Findings. 

Sec. 302. Rape prevention and education. 

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

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

Sec. 305. Juvenile justice. 

Sec. 306. Safe havens. 

TITLE IV—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING 

VIOLENCE 

Sec. 401. Preventing violence against women and children. 

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

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

ASSAULT, AND STALKING 

Sec. 501. Findings. 

Sec. 502. Purpose. 

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

violence. 
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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 and Indian housing authority plans reporting requirement. 

Sec. 604. Housing strategies. 

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

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

Sec. 607. Amendments to the public housing program. 

TITLE VII—PROVIDING ECONOMIC SECURITY FOR VICTIMS OF 

VIOLENCE 

Sec. 701. Emergency leave. 

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

TITLE VIII—PROTECTION OF BATTERED AND TRAFFICKED 

IMMIGRANT WOMEN 

Subtitle A—Victims of Crime 

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

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

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

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

Sec. 805. Protecting victims of child abuse.

Subtitle B—VAWA Self-Petitioners 

Sec. 811. Definition of VAWA self-petitioner. 

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

Sec. 813. Application in case of voluntary departure.

Sec. 814. Removal proceedings.

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

Sec. 816. Application for VAWA-related relief.

Sec. 817. Self-petitioning parents.

Sec. 818. VAWA confidentiality nondisclosure. 

Subtitle C—Miscellaneous Amendments 

Sec. 821. Duration of T and U visas.

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

presence and good moral character rules.

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

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

Sec. 825. Deportation proceedings.

Sec. 826. Limitations on enforcement. 

Sec. 827. Protecting abused juveniles. 

Sec. 828. Rulemaking.
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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. Tribal deputy in the Office on Violence Against Women. 

Sec. 907. Enhanced criminal law resources. 

Sec. 908. 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 after 

4 section 40001 the following: 

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

6 ‘‘(a) DEFINITIONS.—In this title: 

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

8 civil or criminal, tribal, and Alaskan Village, Fed9 eral, State, local or territorial court having jurisdic10 tion to address domestic violence, dating violence, sex11 ual assault or stalking, including immigration, fam12 ily, juvenile, and dependency courts, and the judicial 
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1 officers serving in those courts, including judges, mag2 istrate judges, commissioners, justices of the peace, or 

3 any other person with decisionmaking authority. 

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

5 ‘child abuse and neglect’ means any recent act or fail6 ure to act on the part of a parent or caregiver which 

7 results in death, serious physical or emotional harm, 

8 sexual abuse, or exploitation, or an act or failure to 

9 act which presents an imminent risk of serious harm. 

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

11 maltreatment’ means the physical or psychological 

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

13 assault and abuse. 

14 ‘‘(4) COURT-BASED AND COURT-RELATED PER15 SONNEL.—The term ‘court-based’ and ‘court-related 

16 personnel’ mean persons working in the court, wheth17 er paid or volunteer, including— 

18 ‘‘(A) clerks, special masters, domestic rela19 tions officers, administrators, mediators, custody 

20 evaluators, guardians ad litem, lawyers, nego21 tiators, probation, parole, interpreters, victim as22 sistants, victim advocates, and judicial, adminis23 trative, or any other professionals or personnel 

24 similarly involved in the legal process; 

25 ‘‘(B) court security personnel; 
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1 ‘‘(C) personnel working in related, supple2 mentary offices or programs (such as child sup3 port enforcement); and 

4 ‘‘(D) any other court-based or community5 based personnel having responsibilities or au6 thority to address domestic violence, dating vio7 lence, sexual assault, or stalking in the court sys8 tem. 

9 ‘‘(5) DOMESTIC VIOLENCE.—The term ‘domestic 

10 violence’ includes felony or misdemeanor crimes of vi11 olence committed by a current or former spouse of the 

12 victim, by a person with whom the victim shares a 

13 child in common, by a person who is cohabitating 

14 with or has cohabitated with the victim as a spouse, 

15 by a person similarly situated to a spouse of the vic16 tim under the domestic or family violence laws of the 

17 jurisdiction receiving grant monies, or by any other 

18 person against an adult, youth, or child victim who 

19 is protected from that person’s acts under the domes20 tic or family violence laws of the jurisdiction. 

21 ‘‘(6) DATING PARTNER.—The term ‘dating part22 ner’ refers to a person who is or has been in a social 

23 relationship of a romantic or intimate nature with 

24 the abuser, and where the existence of such a relation-
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1 ship shall be determined based on a consideration 

2 of— 

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

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

5 ‘‘(C) the frequency of interaction between 

6 the persons involved in the relationship. 

7 ‘‘(7) DATING VIOLENCE.—The term ‘dating vio8 lence’ means violence committed by a person— 

9 ‘‘(A) who is or has been in a social relation10 ship of a romantic or intimate nature with the 

11 victim; and 

12 ‘‘(B) where the existence of such a relation13 ship shall be determined based on a consider14 ation of the following factors: 

15 ‘‘(i) The length of the relationship. 

16 ‘‘(ii) The type of relationship. 

17 ‘‘(iii) The frequency of interaction be18 tween the persons involved in the relation19 ship. 

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

21 means any action against a person who is 60 years 

22 of age or older that constitutes the willful— 

23 ‘‘(A) infliction of injury, unreasonable con24 finement, intimidation, or cruel punishment 
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1 with resulting physical harm, pain, or mental 

2 anguish; or 

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

4 caregiver, of goods or services that are necessary 

5 to avoid physical harm, mental anguish, or men6 tal illness. 

7 ‘‘(9) INDIAN.—The term ‘Indian’ means a mem8 ber of an Indian tribe. 

9 ‘‘(10) INDIAN HOUSING.—The term ‘Indian hous10 ing’ means housing assistance described in the Native 

11 American Housing Assistance and Self-Determination 

12 Act of 1996 (25 U.S.C. 4101 et seq., as amended). 

13 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

14 means a tribe, band, pueblo, nation, or other orga15 nized group or community of Indians, including any 

16 Alaska Native village or regional or village corpora17 tion (as defined in, or established pursuant to, the 

18 Alaska Native Claims Settlement Act (43 U.S.C. 1601 

19 et seq.)), that is recognized as eligible for the special 

20 programs and services provided by the United States 

21 to Indians because of their status as Indians. 

22 ‘‘(12) INDIAN LAW ENFORCEMENT.—The term 

23 ‘Indian law enforcement’ means the departments or 

24 individuals under the direction of the Indian tribe 

25 that maintain public order. 
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1 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en2 forcement’ means a public agency charged with polic3 ing functions, including any of its component bureaus 

4 (such as governmental victim services programs), in5 cluding those referred to in section 3 of the Indian 

6 Enforcement Reform Act (25 U.S.C. 2802). 

7 ‘‘(14) LEGAL ASSISTANCE.—The term ‘legal as8 sistance’ includes assistance to adult and youth vic9 tims of domestic violence, dating violence, sexual as10 sault, and stalking in— 

11 ‘‘(A) family, tribal, territorial, immigra12 tion, employment, administrative agency, hous13 ing matters, campus administrative or protec14 tion or stay away order proceedings, and other 

15 similar matters; and 

16 ‘‘(B) criminal justice investigations, pros17 ecutions and post-trial matters (including sen18 tencing, parole, and probation) that impact the 

19 victim’s safety and privacy. 

20 ‘‘(15) LINGUISTICALLY AND CULTURALLY SPE21 CIFIC SERVICES.—The term ‘linguistically and cul22 turally specific services’ means community-based serv23 ices that offer full linguistic access and culturally spe24 cific services and resources, including outreach, col25 laboration, and support mechanisms primarily di-
275 

•S 1197 RS 

1 rected toward racial and ethnic populations and other 

2 underserved communities. 

3 ‘‘(16) PERSONALLY IDENTIFYING INFORMATION

4 OR PERSONAL INFORMATION.—The term ‘personally 

5 identifying information’ or ‘personal information’ 

6 means individually identifying information for or 

7 about an individual including information likely to 

8 disclose the location of a victim of domestic violence, 

9 dating violence, sexual assault, or stalking, includ10 ing— 

11 ‘‘(A) a first and last name; 

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

13 ‘‘(C) contact information (including a post14 al, e-mail or Internet protocol address, or tele15 phone or facsimile number); 

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

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

18 of birth, racial or ethnic background, or religious 

19 affiliation, that, in combination with any of sub20 paragraphs (A) through (D), would serve to 

21 identify any individual. 

22 ‘‘(17) PROSECUTION.—The term ‘prosecution’ 

23 means any public agency charged with direct respon24 sibility for prosecuting criminal offenders, including 
276 

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1 such agency’s component bureaus (such as govern2 mental victim services programs). 

3 ‘‘(18) PROTECTION ORDER OR RESTRAINING

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

5 order’ includes— 

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

7 any other order issued by a civil or criminal 

8 court for the purpose of preventing violent or 

9 threatening acts or harassment against, sexual 

10 violence or contact or communication with or 

11 physical proximity to, another person, including 

12 any temporary or final orders issued by civil or 

13 criminal courts whether obtained by filing an 

14 independent action or as a pendente lite order in 

15 another proceeding so long as any civil order 

16 was issued in response to a complaint, petition, 

17 or motion filed by or on behalf of a person seek18 ing protection; and 

19 ‘‘(B) any support, child custody or visita20 tion provisions, orders, remedies, or relief issued 

21 as part of a protection order, restraining order, 

22 or stay away injunction pursuant to State, trib23 al, territorial, or local law authorizing the 

24 issuance of protection orders, restraining orders, 

25 or injunctions for the protection of victims of do-
277 

•S 1197 RS 

1 mestic violence, dating violence, sexual assault, 

2 or stalking. 

3 ‘‘(19) RURAL AREA AND RURAL COMMUNITY.— 

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

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

6 no part of which is within an area designated as 

7 a standard metropolitan statistical area by the 

8 Office of Management and Budget; or 

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

10 that is— 

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

12 metropolitan statistical area or considered 

13 as part of a metropolitan statistical area; 

14 and 

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

16 ‘‘(20) RURAL STATE.—The term ‘rural State’ 

17 means a State that has a population density of 52 or 

18 fewer persons per square mile or a State in which the 

19 largest county has fewer than 150,000 people, based 

20 on the most recent decennial census. 

21 ‘‘(21) SEXUAL ASSAULT.—The term ‘sexual as22 sault’ means any conduct prescribed by chapter 109A 

23 of title 18, United States Code, whether or not the 

24 conduct occurs in the special maritime and territorial 

25 jurisdiction of the United States or in a Federal pris-
278 

•S 1197 RS 

1 on and includes both assaults committed by offenders 

2 who are strangers to the victim and assaults com3 mitted by offenders who are known or related by blood 

4 or marriage to the victim. 

5 ‘‘(22) STALKING.—The term ‘stalking’ means en6 gaging in a course of conduct directed at a specific 

7 person that would cause a reasonable person to— 

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

9 of others; or 

10 ‘‘(B) suffer substantial emotional distress. 

11 ‘‘(23) STATE.—The term ‘State’ means each of 

12 the several States and the District of Columbia, and 

13 except as otherwise provided, the Commonwealth of 

14 Puerto Rico, Guam, American Samoa, the Virgin Is15 lands, and the Northern Mariana Islands. 

16 ‘‘(24) STATE DOMESTIC VIOLENCE COALITION.— 

17 The term ‘State domestic violence coalition’ means a 

18 program determined by the Administration for Chil19 dren and Families under the Family Violence Preven20 tion and Services Act (42 U.S.C. 10410(b)). 

21 ‘‘(25) STATE SEXUAL ASSAULT COALITION.—The 

22 term ‘State sexual assault coalition’ means a program 

23 determined by the Center for Injury Prevention and 

24 Control of the Centers for Disease Control and Pre-
279 

•S 1197 RS 

1 vention under the Public Health Service Act (42 

2 U.S.C. 280b et seq.). 

3 ‘‘(26) TERRITORIAL DOMESTIC VIOLENCE OR

4 SEXUAL ASSAULT COALITION.—The term ‘territorial 

5 domestic violence or sexual assault coalition’ means a 

6 program addressing domestic or sexual violence that 

7 is— 

8 ‘‘(A) an established nonprofit, nongovern9 mental territorial coalition addressing domestic 

10 violence or sexual assault within the territory; or 

11 ‘‘(B) a nongovernmental organization with 

12 a demonstrated history of addressing domestic 

13 violence or sexual assault within the territory 

14 that proposes to incorporate as a nonprofit, non15 governmental territorial coalition. 

16 ‘‘(27) TRIBAL COALITION.—The term ‘tribal coa17 lition’ means— 

18 ‘‘(A) an established nonprofit, nongovern19 mental tribal coalition addressing domestic vio20 lence and sexual assault against American In21 dian or Alaskan Native women; or 

22 ‘‘(B) individuals or organizations that pro23 pose to incorporate as nonprofit, nongovern24 mental tribal coalitions to address domestic vio-
280 

•S 1197 RS 

1 lence and sexual assault against American In2 dian or Alaskan Native women. 

3 ‘‘(28) TRIBAL GOVERNMENT.—The term ‘tribal 

4 government’ means— 

5 ‘‘(A) the governing body of an Indian tribe; 

6 or 

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

8 organized group or community of Indians, in9 cluding any Alaska Native village or regional or 

10 village corporation (as defined in, or established 

11 pursuant to, the Alaska Native Claims Settle12 ment Act (43 U.S.C. 1601 et seq.)), that is recog13 nized as eligible for the special programs and 

14 services provided by the United States to Indians 

15 because of their status as Indians. 

16 ‘‘(29) TRIBAL ORGANIZATION.—The term ‘tribal 

17 organization’ means— 

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

19 tribe; 

20 ‘‘(B) any legally established organization of 

21 Indians which is controlled, sanctioned, or char22 tered by such governing body of a tribe or tribes 

23 to be served, or which is democratically elected 

24 by the adult members of the Indian community 

25 to be served by such organization and which in-
281 

•S 1197 RS 

1 cludes the maximum participation of Indians in 

2 all phases of its activities; or 

3 ‘‘(C) any tribal nonprofit organization. 

4 ‘‘(30) UNDERSERVED POPULATIONS.—The term 

5 ‘underserved populations’ includes populations under6 served because of geographic location, underserved ra7 cial and ethnic populations, populations underserved 

8 because of special needs (such as language barriers, 

9 disabilities, alienage status, or age), and any other 

10 population determined to be underserved by the Attor11 ney General. 

12 ‘‘(31) VICTIM ADVOCATE.—The term ‘victim ad13 vocate’ means a person, whether paid or serving as a 

14 volunteer, who provides services to victims of domestic 

15 violence, sexual assault, stalking, or dating violence 

16 under the auspices or supervision of a victim services 

17 program. 

18 ‘‘(32) VICTIM ASSISTANT.—The term ‘victim as19 sistant’ means a person, whether paid or serving as 

20 a volunteer, who provides services to victims of domes21 tic violence, sexual assault, stalking, or dating vio22 lence under the auspices or supervision of a court or 

23 a law enforcement or prosecution agency. 

24 ‘‘(33) VICTIM SERVICES OR VICTIM SERVICE PRO25 VIDER.—The term ‘victim services’ or ‘victim service 
282 

•S 1197 RS 

1 provider’ means a nonprofit, nongovernmental orga2 nization that assists domestic violence, dating vio3 lence, sexual assault, or stalking victims, including 

4 rape crisis centers, domestic violence shelters, faith5 based organizations, and other organizations, with a 

6 documented history of effective work concerning do7 mestic violence, dating violence, sexual assault, or 

8 stalking. 

9 ‘‘(34) YOUTH.—The term ‘youth’ means teen and 

10 young adult victims of domestic violence, dating vio11 lence, sexual assault, or stalking. 

12 ‘‘(b) GRANT CONDITIONS.— 

13 ‘‘(1) MATCH.—No matching funds shall be re14 quired for a grant or subgrant made under this title 

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

16 victim service provider. 

17 ‘‘(2) NONDISCLOSURE OF CONFIDENTIAL OR PRI18 VATE INFORMATION.— 

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

20 safety of adult, youth, and child victims of do21 mestic violence, dating violence, sexual assault, 

22 or stalking, and their families, grantees and sub23 grantees under this title shall protect the con24 fidentiality and privacy of persons receiving 

25 services. 
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•S 1197 RS 

1 ‘‘(B) NONDISCLOSURE.—Subject to subpara2 graphs (C) and (D), grantees and subgrantees 

3 shall not— 

4 ‘‘(i) disclose any personally identifying 

5 information or individual information col6 lected in connection with services requested, 

7 utilized, or denied through grantees’ and 

8 subgrantees’ programs; or 

9 ‘‘(ii) reveal individual client informa10 tion without the informed, written, reason11 ably time-limited consent of the person (or 

12 in the case of an unemancipated minor, the 

13 minor and the parent or guardian or in the 

14 case of persons with disabilities, the guard15 ian) about whom information is sought, 

16 whether for this program or any other Fed17 eral, State, tribal, or territorial grant pro18 gram, except that consent for release may 

19 not be given by the abuser of the minor, 

20 person with disabilities, or the abuser of the 

21 other parent of the minor. 

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

23 described in subparagraph (B) is compelled by 

24 statutory or court mandate— 
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•S 1197 RS 

1 ‘‘(i) grantees and subgrantees shall 

2 make reasonable attempts to provide notice 

3 to victims affected by the disclosure of infor4 mation; and 

5 ‘‘(ii) grantees and subgrantees shall 

6 take steps necessary to protect the privacy 

7 and safety of the persons affected by the re8 lease of the information. 

9 ‘‘(D) INFORMATION SHARING.—Grantees 

10 and subgrantees may share— 

11 ‘‘(i) nonpersonally identifying data in 

12 the aggregate regarding services to their cli13 ents and nonpersonally identifying demo14 graphic information in order to comply 

15 with Federal, State, tribal, or territorial re16 porting, evaluation, or data collection re17 quirements; 

18 ‘‘(ii) court-generated information and 

19 law-enforcement generated information con20 tained in secure, governmental registries for 

21 protection order enforcement purposes; and 

22 ‘‘(iii) law enforcement- and prosecu23 tion-generated information necessary for 

24 law enforcement and prosecution purposes. 
285 

•S 1197 RS 

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

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

5 public officials and agencies to develop and imple6 ment policies to reduce or eliminate domestic violence, 

7 dating violence, sexual assault, and stalking. 

8 ‘‘(4) NON-SUPPLANTATION.—Any Federal funds 

9 received under this title shall be used to supplement, 

10 not supplant, non-Federal funds that would otherwise 

11 be available for activities under this title. 

12 ‘‘(5) USE OF FUNDS.—Funds authorized and ap13 propriated under this title may be used only for the 

14 specific purposes described in this title and shall re15 main available until expended. 

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

17 under this title shall submit to the disbursing agency 

18 a report detailing the activities undertaken with the 

19 grant funds, including and providing additional in20 formation as the agency shall require. 

21 ‘‘(7) EVALUATION.—Federal agencies disbursing 

22 funds under this title shall set aside up to 3 percent 

23 of such funds in order to conduct— 
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•S 1197 RS 

1 ‘‘(A) evaluations of specific programs or 

2 projects funded by the disbursing agency under 

3 this title or related research; or 

4 ‘‘(B) evaluations of promising practices or 

5 problems emerging in the field or related re6 search, in order to inform the agency or agencies 

7 as to which programs or projects are likely to be 

8 effective or responsive to needs in the field. 

9 ‘‘(8) NONEXCLUSIVITY.—Nothing in this title 

10 shall be construed to prohibit male victims of domes11 tic violence, dating violence, sexual assault, and stalk12 ing from receiving benefits and services under this 

13 title.’’. 

14 (b) DEFINITIONS AND GRANT CONDITIONS IN CRIME

15 CONTROL ACT.— 

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

17 Crime Control and Safe Streets Act of 1968 (42 

18 U.S.C. 3796gg et seq.) is amended by striking section 

19 2008 and inserting the following: 

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

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

22 section 40002 of the Violence Against Women Act of 1994 

23 shall apply.’’. 
287 

•S 1197 RS 

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

2 Crime Control and Safe Streets Act of 1968 is amend3 ed to read as follows: 

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

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

6 section 40002 of the Violence Against Women Act of 1994 

7 shall apply.’’. 

8 (c) DEFINITIONS AND GRANT CONDITIONS IN 2000 

9 ACT.—Section 1002 of the Violence Against Women Act of 

10 2000 (42 U.S.C. 3796gg–2 note) is amended to read as fol11 lows: 

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

13 ‘‘In this division the definitions and grant conditions 

14 in section 40002 of the Violence Against Women Act of 1994 

15 shall apply.’’. 

16 TITLE I—ENHANCING JUDICIAL 

17 AND LAW ENFORCEMENT 

18 TOOLS TO COMBAT VIOLENCE 

19 AGAINST WOMEN 

20 SEC. 101. STOP GRANTS IMPROVEMENTS. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 1001(a)(18) of title I of the Omnibus Crime Control and 

23 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(18)) is amend24 ed by striking ‘‘$185,000,000 for each of fiscal years 2001 
288 

•S 1197 RS 

1 through 2005’’ and inserting ‘‘$225,000,000 for each of fis2 cal years 2006 through 2010’’. 

3 (b) PURPOSE AREA ENHANCEMENTS.—Section 

4 2001(b) of title I of the Omnibus Crime Control and Safe 

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

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

7 the semicolon; 

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

9 and inserting ‘‘; and’’; and 

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

11 ‘‘(12) maintaining core victim services and 

12 criminal justice initiatives, while supporting com13 plementary new initiatives and emergency services for 

14 victims and their families.’’. 

15 (c) CLARIFICATION OF ACTIVITIES REGARDING UN16 DERSERVED POPULATIONS.—Section 2007 of the Omnibus 

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

18 3796gg–1) is amended— 

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

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

21 will address the needs of racial and ethnic popu22 lations and underserved populations’’; and 

23 (2) in subsection (e)(2), by striking subpara24 graph (D) and inserting the following: 
289 

•S 1197 RS 

1 ‘‘(D) recognize and meaningfully respond to 

2 the needs of underserved populations and ensure 

3 that monies set aside to fund linguistically and 

4 culturally specific services and activities for un5 derserved populations are distributed equitably 

6 among those populations.’’. 

7 (d) TRIBAL AND TERRITORIAL SETASIDES.—Section 

8 2007 of the Omnibus Crime Control and Safe Streets Act 

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

10 (1) in subsection (b)— 

11 (A) in paragraph (1), by striking ‘‘5 per12 cent’’ and inserting ‘‘10 percent’’; 

(B) in paragraph (2), striking by ‘‘1 13 ⁄54’’ 

and inserting ‘‘1 14 ⁄56’’; 

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

16 coalition for the combined Territories of the 

17 United States, each receiving an amount equal 

to 1 18 ⁄54’’ and inserting ‘‘coalitions for Guam, 

19 American Samoa, the United States Virgin Is20 lands, and the Commonwealth of the Northern 

21 Mariana Islands, each receiving an amount 

22 equal to 1/56’’; and 

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

24 and inserting ‘‘1/56’’; and 

25 (2) in subsection (d)— 
290 

•S 1197 RS 

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

2 after the semicolon; 

3 (B) in paragraph (3), by striking the period 

4 and inserting ‘‘; and’’; and 

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

6 ‘‘(4) documentation showing that tribal, terri7 torial, State or local prosecution, law enforcement, 

8 and court and victim service providers have consulted 

9 with tribal, territorial, State, or local victim service 

10 programs during the course of developing their grant 

11 applications in order to ensure that proposed services, 

12 activities and equipment acquisitions are designed to 

13 promote the safety, confidentiality, and economic 

14 independence of victims of domestic violence, sexual 

15 assault, stalking, and dating violence.’’. 

16 (e) TRAINING, TECHNICAL ASSISTANCE, AND DATA

17 COLLECTION.—Section 2007 of the Omnibus Crime Control 

18 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1) is 

19 amended by adding at the end the following: 

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

21 COLLECTION.— 

22 ‘‘(1) IN GENERAL.—Of the total amounts appro23 priated under this part, not less than 3 percent and 

24 up to 8 percent shall be available for providing train25 ing and technical assistance relating to the purpose 
291 

•S 1197 RS 

1 areas of this part to improve the capacity of grantees, 

2 subgrantees and other entities. 

3 ‘‘(2) INDIAN TRAINING.—The Director of the Of4 fice on Violence Against Women shall ensure that 

5 training or technical assistance regarding violence 

6 against Indian women will be developed and provided 

7 by entities having expertise in tribal law, customary 

8 practices, and Federal Indian law.’’. 

9 (f) AVAILABILITY OF FORENSIC MEDICAL EXAMS.— 

10 Section 2010 of the Omnibus Crime Control and Safe 

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

12 adding at the end the following: 

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

15 pay for forensic medical exams performed by trained exam16 iners for victims of sexual assault, except that such funds 

17 may not be used to pay for forensic medical exams by any 

18 State, Indian tribal government, or territorial government 

19 that requires victims of sexual assault to seek reimburse20 ment for such exams from their insurance carriers. 

21 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to permit a State, Indian tribal gov23 ernment, or territorial government to require a victim of 

24 sexual assault to participate in the criminal justice system 

25 or cooperate with law enforcement in order to be provided 
292 

•S 1197 RS 

1 with a forensic medical exam, reimbursement for charges 

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

3 ‘‘(e) JUDICIAL NOTIFICATION.— 

4 ‘‘(1) IN GENERAL.—A State, Indian tribal gov5 ernment, or unit of local government shall not be enti6 tled to funds under this part unless the State, Indian 

7 tribal government, or unit of local government— 

8 ‘‘(A) certifies that its judicial administra9 tive policies and practices include notification to 

10 domestic violence offenders of the requirements 

11 delineated in section 922(g)(8) and (g)(9) of title 

12 18, United States Code, and any applicable re13 lated Federal, State, or local laws; or 

14 ‘‘(B) gives the Attorney General assurances 

15 that its judicial administrative policies and 

16 practices will be in compliance with the require17 ments of subparagraph (A) within the later of— 

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

19 which the next session of the State legisla20 ture ends; or 

21 ‘‘(ii) 2 years. 

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

23 State, unit of local government, or Indian tribal gov24 ernment under subsection (a) shall be distributed to 
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•S 1197 RS 

1 other States, units of local government, and Indian 

2 tribal governments, pro rata.’’. 

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

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

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

6 at the end the following: 

7 ‘‘SEC. 2013. POLYGRAPH TESTING PROHIBITION. 

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

9 under this part, a State, Indian tribal government, terri10 torial government, or unit of local government shall certify 

11 that, not later than 3 years after the date of enactment of 

12 this section, their laws, policies, or practices will ensure 

13 that no law enforcement officer, prosecuting officer or other 

14 government official shall ask or require an adult, youth, or 

15 child victim of an alleged sex offense as defined under Fed16 eral, tribal, State, territorial, or local law to submit to a 

17 polygraph examination or other truth telling device as a 

18 condition for proceeding with the investigation of such an 

19 offense. 

20 ‘‘(b) PROSECUTION.—The refusal of a victim to submit 

21 to an examination described in subsection (a) shall not pre22 vent the investigation, charging, or prosecution of the of23 fense.’’. 
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•S 1197 RS 

1 SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE 

2 PROTECTION ORDERS IMPROVEMENTS. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

5 Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is amend6 ed by striking ‘‘$65,000,000 for each of fiscal years 2001 

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

8 years 2006 through 2010. Funds appropriated under this 

9 paragraph shall remain available until expended.’’. 

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

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

12 U.S.C. 3796hh) is amended— 

13 (1) in subsection (a), by striking ‘‘to treat do14 mestic violence as a serious violation’’ and inserting 

15 ‘‘to treat domestic violence, dating violence, sexual as16 sault, and stalking as serious violations’’; 

17 (2) in subsection (b)— 

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

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

20 territorial,’’; 

21 (B) in paragraph (1), by— 

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

23 and 

24 (ii) striking ‘‘mandatory arrest pro25 grams and’’; 

26 (C) in paragraph (2), by— 
295 

•S 1197 RS 

1 (i) inserting after ‘‘educational pro2 grams,’’ the following: ‘‘protection order reg3 istries,’’; 

4 (ii) striking ‘‘domestic violence and 

5 dating violence’’ and inserting ‘‘domestic vi6 olence, dating violence, sexual assault, and 

7 stalking. Policies, educational programs, 

8 protection order registries, and training de9 scribed in this paragraph shall incorporate 

10 confidentiality, and privacy protections for 

11 victims of domestic violence, dating vio12 lence, sexual assault, and stalking’’; 

13 (D) in paragraph (3), by— 

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

15 and inserting ‘‘domestic violence, dating vi16 olence, sexual assault, and stalking cases’’; 

17 and 

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

19 ‘‘teams’’; 

20 (E) in paragraph (5), by striking ‘‘domestic 

21 violence and dating violence’’ and inserting ‘‘do22 mestic violence, dating violence, sexual assault, 

23 and stalking’’; 

24 (F) in paragraph (6), by— 
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•S 1197 RS 

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

2 ‘‘civil’’; and 

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

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

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

7 ‘‘(9) To develop State, tribal, territorial, or local 

8 policies, procedures, and protocols for preventing dual 

9 arrests and prosecutions in cases of domestic violence, 

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

11 develop effective methods for identifying the pattern 

12 and history of abuse that indicates which party is the 

13 actual perpetrator of abuse. 

14 ‘‘(10) To plan, develop and establish comprehen15 sive victim service and support centers, such as fam16 ily justice centers, designed to bring together victim 

17 advocates from non-profit, non-governmental victim 

18 services organizations, law enforcement officers, pros19 ecutors, probation officers, governmental victim as20 sistants, forensic medical professionals, civil legal at21 torneys, chaplains, legal advocates, representatives 

22 from community-based organizations and other rel23 evant public or private agencies or organizations into 

24 one centralized location, in order to improve safety, 

25 access to services, and confidentiality for victims and 
297 

•S 1197 RS 

1 families. Although funds may be used to support the 

2 colocation of project partners under this paragraph, 

3 funds may not support construction or major renova4 tion expenses or activities that fall outside of the 

5 scope of the other statutory purpose areas. 

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

7 training for police, prosecutors, probation and parole 

8 officers, and the judiciary in recognizing, inves9 tigating, and prosecuting instances of sexual assault, 

10 with an emphasis on recognizing the threat to the 

11 community for repeat crime perpetration by such in12 dividuals.’’; 

13 (3) in subsection (c)— 

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

15 after the semicolon; 

16 (B) in paragraph (4), by striking the period 

17 and inserting ‘‘; and’’; and 

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

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

20 date of enactment of this section, their laws, policies, 

21 or practices will ensure that— 

22 ‘‘(A) no law enforcement officer, prosecuting 

23 officer or other government official shall ask or 

24 require an adult, youth, or child victim of a sex 

25 offense as defined under Federal, tribal, State, 
298 

•S 1197 RS 

1 territorial, or local law to submit to a polygraph 

2 examination or other truth telling device as a 

3 condition for proceeding with the investigation of 

4 such an offense; and 

5 ‘‘(B) the refusal of a victim to submit to an 

6 examination described in subparagraph (A) shall 

7 not prevent the investigation of the offense.’’; and 

8 (4) by striking subsections (d) and (e) and in9 serting the following: 

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

11 10 percent of the total amount made available for grants 

12 under this section for each fiscal year shall be available for 

13 grants to Indian tribal governments.’’. 

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

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

16 3796hh–1(b)) is amended in each of paragraphs (1) and 

17 (2) by inserting after ‘‘involving domestic violence’’ the fol18 lowing: ‘‘, dating violence, sexual assault, or stalking’’. 

19 (d) TRAINING, TECHNICAL ASSISTANCE, CONFIDEN20 TIALITY.—Part U of title I of the Omnibus Crime Control 

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

22 is amended by adding at the end the following: 

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

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

25 not less than 5 percent and up to 8 percent shall be avail-
299 

•S 1197 RS 

1 able for providing training and technical assistance relat2 ing to the purpose areas of this part to improve the capacity 

3 of grantees and other entities.’’. 

4 SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVE5 MENTS. 

6 Section 1201 of the Violence Against Women Act of 

7 2000 (42 U.S.C. 3796gg–6) is amended— 

8 (1) in subsection (a), by— 

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

10 following: ‘‘civil and criminal’’; 

11 (B) inserting after ‘‘effective aid to’’ the fol12 lowing: ‘‘adult and youth’’; and 

13 (C) inserting at the end the following: 

14 ‘‘Criminal legal assistance provided for under 

15 this section shall be limited to criminal matters 

16 relating to domestic violence, sexual assault, dat17 ing violence, and stalking.’’; 

18 (2) in subsection (c), by inserting ‘‘and tribal or19 ganizations, territorial organizations’’ after ‘‘Indian 

20 tribal governments’’; 

21 (3) in subsection (d) by striking paragraph (2) 

22 and inserting the following: 

23 ‘‘(2) any training program conducted in satis24 faction of the requirement of paragraph (1) has been 

25 or will be developed with input from and in collabo-
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1 ration with a tribal, State, territorial, or local domes2 tic violence, dating violence, sexual assault or stalking 

3 organization or coalition, as well as appropriate trib4 al, State, territorial, and local law enforcement offi5 cials; 

6 (4) in subsection (e), by inserting ‘‘dating vio7 lence,’’ after ‘‘domestic violence,’’; and 

8 (5) in subsection (f)— 

9 (A) by striking paragraph (1) and inserting 

10 the following: 

11 ‘‘(1) IN GENERAL.—There is authorized to be ap12 propriated to carry out this section $65,000,000 for 

13 each of fiscal years 2006 through 2010.’’; and 

14 (B) in paragraph (2)(A), by— 

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

16 ‘‘10 percent’’; and 

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

18 ‘‘that assist’’. 

19 SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL 

20 SERVICES. 

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

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

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

24 111 Stat. 2510) is amended— 

25 (1) in subsection (a)(2)(C)— 
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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘using funds derived from a source other 

3 than the Corporation to provide’’ and inserting 

4 ‘‘providing’’; 

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

6 States’’ and all that follows and inserting ‘‘or a 

7 victim of sexual assault or trafficking in the 

8 United States, or qualifies for immigration relief 

9 under section 101(a)(15)(U) of the Immigration 

10 and Nationality Act (8 U.S.C. 1101(a)(15)(U)); 

11 or’’; and 

12 (C) in clause (ii), by striking ‘‘has been bat13 tered’’ and all that follows and inserting ‘‘, with14 out the active participation of the alien, has been 

15 battered or subjected to extreme cruelty or a vic16 tim of sexual assault or trafficking in the United 

17 States, or qualifies for immigration relief under 

18 section 101(a)(15)(U) of the Immigration and 

19 Nationality Act (8 U.S.C. 1101(a)(15)(U)).’’; 

20 and 

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

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

23 trafficking, or the crimes listed in section 

24 101(a)(15)(U)(iii) of the Immigration and Nation25 ality Act (8 U.S.C. 1101(a)(15)(U)(iii))’’. 
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1 (b) SAVINGS PROVISION.—Nothing in this Act, or the 

2 amendments made by this Act, shall be construed to restrict 

3 the legal assistance provided to victims of trafficking and 

4 certain family members authorized under section 107(b)(1) 

5 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

6 7105(b)(1)). 

7 SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT 

8 TRAINING AND IMPROVEMENTS. 

9 (a) VIOLENCE AGAINST WOMEN ACT COURT TRAINING

10 AND IMPROVEMENTS.—The Violence Against Women Act of 

11 1994 (108 Stat. 1902 et seq.) is amended by adding at the 

12 end the following: 

13 ‘‘Subtitle J—Violence Against 

14 Women Act Court Training and 

15 Improvements 

16 ‘‘SEC. 41001. SHORT TITLE. 

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

18 Women Act Court Training and Improvements Act of 

19 2005’. 

20 ‘‘SEC. 41002. PURPOSE. 

21 ‘‘The purpose of this subtitle is to enable the Attorney 

22 General, though the Director of the Office on Violence 

23 Against Women, to award grants to improve court responses 

24 to adult and youth domestic violence, dating violence, sex25 ual assault, and stalking to be used for— 
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1 ‘‘(1) improved internal civil and criminal court 

2 functions, responses, practices, and procedures; 

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

4 personnel on issues relating to victims’ needs, includ5 ing safety, security, privacy, confidentiality, and eco6 nomic independence, as well as information about 

7 perpetrator behavior and best practices for holding 

8 perpetrators accountable; 

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

10 State, tribal, territorial, and local public agencies 

11 and officials and nonprofit, nongovernmental organi12 zations to improve implementation and enforcement 

13 of relevant Federal, State, tribal, territorial, and local 

14 law; 

15 ‘‘(4) enabling courts or court-based or court-re16 lated programs to develop new or enhance current— 

17 ‘‘(A) court infrastructure (such as special18 ized courts, dockets, intake centers, or interpreter 

19 services); 

20 ‘‘(B) community-based initiatives within 

21 the court system (such as court watch programs, 

22 victim assistants, or community-based supple23 mentary services); 

24 ‘‘(C) offender management, monitoring, and 

25 accountability programs; 
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1 ‘‘(D) safe and confidential information-stor2 age and -sharing databases within and between 

3 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 eligible 

4 for a grant under this section, applicants shall certify 

5 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 vio9 lence, dating violence, sexual assault, and stalk10 ing have completed or will complete education 

11 about domestic violence, dating violence, sexual 

12 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; and 

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

19 policies, procedures, or rules do not require me20 diation or counseling between offenders and vic21 tims physically together in cases where domestic 

22 violence, dating violence, sexual assault, or stalk23 ing is an issue. 
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1 ‘‘SEC. 41004. NATIONAL EDUCATION CURRICULA. 

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

3 Director of the Office on Violence Against Women, shall 

4 fund efforts to develop a national education curriculum for 

5 use by State and national judicial educators to ensure that 

6 all courts and court personnel have access to information 

7 about relevant Federal, State, territorial, or local law, 

8 promising practices, procedures, and policies regarding 

9 court responses to adult and youth domestic violence, dating 

10 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 vio16 lence, dating violence, sexual assault, and stalking; or 

17 ‘‘(2) if the primary grantee does not have dem18 onstrated expertise with such issues, shall be developed 

19 by the primary grantee in partnership with an orga20 nization having such expertise. 

21 ‘‘SEC. 41005. TRIBAL CURRICULA. 

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

23 Office on Violence Against Women, shall fund efforts to de24 velop education curricula for tribal court judges to ensure 

25 that all tribal courts have relevant information about prom26 ising practices, procedures, policies, and law regarding trib-
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1 al court responses to adult and youth domestic violence, dat2 ing violence, sexual assault, and stalking. 

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

4 under this section— 

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

6 having demonstrated expertise in developing judicial 

7 education curricula on issues relating to domestic vio8 lence, dating violence, sexual assault, and stalking; 

9 and 

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

11 expertise, the curricula shall be developed by the pri12 mary grantee through partnership with organizations 

13 having such expertise. 

14 ‘‘SEC. 41006. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘(a) IN GENERAL.—There is authorized to be appro16 priated to carry out this subtitle $5,000,000 for each of fis17 cal years 2006 to 2010. 

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

19 section shall remain available until expended and may only 

20 be used for the specific programs and activities described 

21 in this subtitle. 

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

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

24 percent shall be used for grants for tribal courts, tribal 

25 court-related programs, and tribal nonprofits.’’. 
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1 SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS. 

2 (a) ENFORCEMENT OF PROTECTION ORDERS ISSUED

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

4 Code, is amended by— 

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

7 (2) striking ‘‘State or tribal’’ each place it ap8 pears and inserting ‘‘State, tribal, or territorial’’. 

9 (b) CLARIFICATION OF ENTITIES HAVING ENFORCE10 MENT AUTHORITY AND RESPONSIBILITIES.—Section 

11 2265(a) of title 18, United States Code, is amended by strik12 ing ‘‘and enforced as if it were’’ and inserting ‘‘and en13 forced by the court and law enforcement personnel of the 

14 other State, Indian tribal government or Territory as if it 

15 were’’. 

16 (c) LIMITS ON INTERNET PUBLICATION OF PROTEC17 TION ORDER INFORMATION.—Section 2265(d) of title 18, 

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

19 following: 

20 ‘‘(3) LIMITS ON INTERNET PUBLICATION OF REG21 ISTRATION INFORMATION.—A State, Indian tribe, or 

22 territory shall not publish publicly on the Internet 

23 any information regarding the registration or filing 

24 of a protection order, restraining order, or injunction 

25 in either the issuing or enforcing State, tribal or ter26 ritorial jurisdiction, if such publication would be like-
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1 ly to publicly reveal the identity or location of the 

2 party protected under such order. A State, Indian 

3 tribe, or territory may share court-generated and law 

4 enforcement-generated information contained in se5 cure, governmental registries for protection order en6 forcement purposes.’’. 

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

8 States Code, is amended— 

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

10 following: 

11 ‘‘(5) PROTECTION ORDER.—The term ‘protection 

12 order’ includes— 

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

14 any other order issued by a civil or criminal 

15 court for the purpose of preventing violent or 

16 threatening acts or harassment against, sexual 

17 violence, or contact or communication with or 

18 physical proximity to, another person, including 

19 any temporary or final order issued by a civil 

20 or criminal court whether obtained by filing an 

21 independent action or as a pendente lite order in 

22 another proceeding so long as any civil or crimi23 nal order was issued in response to a complaint, 

24 petition, or motion filed by or on behalf of a per25 son seeking protection; and 
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1 ‘‘(B) any support, child custody or visita2 tion provisions, orders, remedies or relief issued 

3 as part of a protection order, restraining order, 

4 or injunction pursuant to State, tribal, terri5 torial, or local law authorizing the issuance of 

6 protection orders, restraining orders, or injunc7 tions for the protection of victims of domestic vi8 olence, sexual assault, dating violence, or stalk9 ing.’’; and 

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

11 by striking ‘‘2261A, a spouse or former spouse of the 

12 abuser, a person who shares a child in common with 

13 the abuser, and a person who cohabits or has 

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

15 ‘‘2261A— 

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

17 the abuser, a person who shares a child 

18 in common with the abuser, and a per19 son who cohabits or has cohabited as a 

20 spouse with the abuser; or 

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

22 in a social relationship of a romantic 

23 or intimate nature with the abuser, as 

24 determined by the length of the rela25 tionship, the type of relationship, and 
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1 the frequency of interaction between the 

2 persons involved in the relationship’’. 

3 SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMES4 TIC VIOLENCE, DATING VIOLENCE, SEXUAL 

5 VIOLENCE, AND STALKING. 

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

7 1902 et seq.) is amended by adding at the end the following: 

8 ‘‘Subtitle K—Privacy Protections for 

9 Victims of Domestic Violence, 

10 Dating Violence, Sexual Vio11 lence, and Stalking 

12 ‘‘SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CON13 FIDENTIALITY OF VICTIMS OF DOMESTIC VIO14 LENCE, DATING VIOLENCE, SEXUAL ASSAULT, 

15 AND STALKING. 

16 ‘‘The Attorney General, through the Director of the Of17 fice on Violence Against Women, may award grants under 

18 this subtitle to States, Indian tribes, territories, or local 

19 agencies or nonprofit, nongovernmental organizations to en20 sure that personally identifying information of adult, 

21 youth, and child victims of domestic violence, sexual vio22 lence, stalking, and dating violence shall not be released or 

23 disclosed to the detriment of such victimized persons. 

24 ‘‘SEC. 41102. PURPOSE AREAS. 

25 ‘‘Grants made under this subtitle may be used— 
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1 ‘‘(1) to develop or improve protocols, procedures, 

2 and policies for the purpose of preventing the release 

3 of personally identifying information of victims (such 

4 as developing alternative identifiers); 

5 ‘‘(2) to defray the costs of modifying or improv6 ing existing databases, registries, and victim notifica7 tion systems to ensure that personally identifying in8 formation of victims is protected from release, unau9 thorized information sharing and disclosure; 

10 ‘‘(3) to develop confidential opt out systems that 

11 will enable victims of violence to make a single re12 quest to keep personally identifying information out 

13 of multiple databases, victim notification systems, 

14 and registries; or 

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

16 notice requirements regarding electronic surveillance 

17 by government entities), to protect against abuses of 

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

19 providing training for law enforcement on high tech 

20 electronic crimes of domestic violence, dating violence, 

21 sexual assault, and stalking. 

22 ‘‘SEC. 41103. ELIGIBLE ENTITIES. 

23 ‘‘Entities eligible for grants under this subtitle in24 clude— 
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1 ‘‘(1) jurisdictions or agencies within jurisdic2 tions having authority or responsibility for developing 

3 or maintaining public databases, registries or victim 

4 notification systems; 

5 ‘‘(2) nonprofit nongovernmental victim advocacy 

6 organizations having expertise regarding confiden7 tiality, privacy, and information technology and how 

8 these issues are likely to impact the safety of victims; 

9 ‘‘(3) States or State agencies; 

10 ‘‘(4) local governments or agencies; 

11 ‘‘(5) Indian tribal governments or tribal organi12 zations; 

13 ‘‘(6) territorial governments, agencies, or organi14 zations; or 

15 ‘‘(7) nonprofit nongovernmental victim advocacy 

16 organizations, including statewide domestic violence 

17 and sexual assault coalitions. 

18 ‘‘SEC. 41104. GRANT CONDITIONS. 

19 ‘‘Applicants described in paragraph (1) and para20 graphs (3) through (6) shall demonstrate that they have en21 tered into a significant partnership with a State, tribal, 

22 territorial, or local victim service or advocacy organization 

23 or condition in order to develop safe, confidential, and effec24 tive protocols, procedures, policies, and systems for pro25 tecting personally identifying information of victims. 
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1 ‘‘SEC. 41105. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘(a) IN GENERAL.—There is authorized to be appro3 priated to carry out this subtitle $5,000,000 for each of fis4 cal years 2006 through 2010. 

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

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

7 shall be used for grants to Indian tribes for programs that 

8 assist victims of domestic violence, dating violence, stalking, 

9 and sexual assault. 

10 ‘‘(c) TECHNICAL ASSISTANCE AND TRAINING.—Of the 

11 amount made available under this section in each fiscal 

12 year, not less than 5 percent shall be used for grants to 

13 organizations that have expertise in confidentiality, pri14 vacy, and technology issues impacting victims of domestic 

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

16 provide technical assistance and training to grantees and 

17 non-grantees on how to improve safety, privacy, confiden18 tiality, and technology to protect victimized persons.’’. 

19 SEC. 108. SEX OFFENDER MANAGEMENT. 

20 Section 40152 of the Violent Crime Control and Law 

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

22 striking subsection (c) and inserting the following: 

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated to carry out this section 

25 $3,000,000 for each of fiscal years 2006 through 2010.’’. 
315 

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1 SEC. 109. STALKER DATABASE. 

2 Section 40603 of the Violence Against Women Act of 

3 1994 (42 U.S.C. 14032) is amended— 

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

5 and 

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

7 SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZA8 TION. 

9 Section 40114 of the Violence Against Women Act of 

10 1994 (Public Law 103–322) is amended to read as follows: 

11 ‘‘SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSIST12 ANTS. 

13 ‘‘There are authorized to be appropriated for the 

14 United States attorneys for the purpose of appointing vic15 tim assistants for the prosecution of sex crimes and domes16 tic violence crimes where applicable (such as the District 

17 of Columbia), $1,000,000 for each of fiscal years 2006 

18 through 2010.’’. 

19 SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PRO20 GRAMS. 

21 (a) DEFINITIONS.—In this section: 

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

23 trafficking’’ means an act or practice described in 

24 paragraph (8) of section 103 of the Trafficking Vic25 tims Protection Act of 2000 (22 U.S.C. 7102). 
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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means a State or a local government. 

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

4 of the United States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, Guam, the United 

6 States Virgin Islands, the Commonwealth of the 

7 Northern Mariana Islands, American Samoa, and 

8 any other territory or possession of the United States. 

9 (4) VICTIM OF TRAFFICKING.—The term ‘‘victim 

10 of trafficking’’ means a person subjected to an act of 

11 trafficking. 

12 (b) GRANTS AUTHORIZED.—The Attorney General 

13 may award grants to eligible entities to provide training 

14 to State and local law enforcement personnel to identify 

15 and protect victims of trafficking. 

16 (c) USE OF FUNDS.—A grant awarded under this sec17 tion shall be used to— 

18 (1) train law enforcement personnel to identify 

19 and protect victims of trafficking, including training 

20 such personnel to utilize Federal, State, or local re21 sources to assist victims of trafficking; 

22 (2) train law enforcement or State or local pros23 ecutors to identify, investigate, or prosecute acts of 

24 trafficking; or 
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1 (3) train law enforcement or State or local pros2 ecutors to utilize laws that prohibit acts of trafficking 

3 and to assist in the development of State and local 

4 laws to prohibit acts of trafficking. 

5 (d) RESTRICTIONS.— 

6 (1) ADMINISTRATIVE EXPENSES.—An eligible en7 tity that receives a grant under this section may use 

8 not more than 5 percent of the total amount of such 

9 grant for administrative expenses. 

10 (2) NONEXCLUSIVITY.—Nothing in this section 

11 may be construed to restrict the ability of an eligible 

12 entity to apply for or obtain funding from any other 

13 source to carry out the training described in sub14 section (c). 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

16 authorized to be appropriated $10,000,000 for each of the 

17 fiscal years 2006 through 2010 to carry out the provisions 

18 of this section. 

19 SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED 

20 SPECIAL ADVOCATE PROGRAM. 

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

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

23 paragraphs (1) and (2) and inserting the following: 

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

25 may serve as guardians ad litem, are trained volun-
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1 teers appointed by courts to advocate for the best in2 terests of children who are involved in the juvenile 

3 and family court system due to abuse or neglect; 

4 ‘‘(2) the National Court Appointed Special Ad5 vocate Association maintains a system of account6 ability, including standards, quality assurance, train7 ing, and technical assistance for a network of 70,000 

8 volunteers in more than 850 programs operating in 

9 49 States, the District of Columbia, and the Virgin 

10 Islands; and 

11 ‘‘(3) in 2003, Court Appointed Special Advocate 

12 volunteers represented 288,000 children, more than 50 

13 percent of the estimated 540,000 children in foster 

14 care because of substantiated cases of child abuse or 

15 neglect.’’. 

16 (b) IMPLEMENTATION DATE.—Section 216 of the Vic17 tims of Child Abuse Act of 1990 (42 U.S.C. 13012) is 

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

19 ‘‘January 1, 2010’’. 

20 (c) CLARIFICATION OF PROGRAM GOALS.—Section 217 

21 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13013) 

22 is amended— 

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

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

25 (2) subsection (b)— 
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•S 1197 RS 

1 (A) in paragraph (1), by striking ‘‘to ini2 tiate or expand’’ and inserting ‘‘to initiate, sus3 tain, and expand’’; and 

4 (B) in paragraph (2), by— 

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

6 ‘‘(1)(A)’’; and 

7 (ii) striking ‘‘to initiate and to ex8 pand’’ and inserting ‘‘to initiate, sustain, 

9 and expand’’; and 

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

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

12 Appointed Special Advocate programs are authorized to re13 quest criminal background checks from the Federal Bureau 

14 of Investigation National Crime Information Center for 

15 prospective volunteers. The requesting program is respon16 sible for the reasonable costs associated with the Federal 

17 records check.’’. 

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

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

20 striking subsection (a) and inserting the following: 

21 ‘‘(a) AUTHORIZATION.—There is authorized to be ap22 propriated to carry out this subtitle $17,000,000 for each 

23 of fiscal years 2006 through 2010.’’. 
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1 SEC. 113. PREVENTING CYBERSTALKING. 

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

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

4 amended— 

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

6 the end; 

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

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

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

11 ‘‘(C) in the case of subparagraph (C) of sub12 section (a)(1), includes any device or software 

13 that can be used to originate telecommunications 

14 or other types of communications that are trans15 mitted, in whole or in part, by the Internet (as 

16 such term is defined in section 1104 of the Inter17 net Tax Freedom Act (47 U.S.C. 151 note)).’’. 

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

19 amendment made by this section may not be construed to 

20 affect the meaning given the term ‘‘telecommunications de21 vice’’ in section 223(h)(1) of the Communications Act of 

22 1934, as in effect before the date of the enactment of this 

23 section. 

24 SEC. 114. CRIMINAL PROVISION RELATING TO STALKING. 

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

26 18, United States Code, is amended to read as follows: 
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1 ‘‘§ 2261A. Stalking 

2 ‘‘Whoever— 

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

4 within the special maritime and territorial jurisdic5 tion of the United States, or enters or leaves Indian 

6 country, with the intent to kill, injure, harass, place 

7 under surveillance, or intimidate another person, and 

8 in the course of, or as a result of, such travel places 

9 that person in reasonable fear of the death of, or seri10 ous bodily injury to, or causes substantial emotional 

11 distress to that person, a member of the immediate 

12 family (as defined in section 115) of that person, or 

13 the spouse or intimate partner of that person; or 

14 ‘‘(2) with the intent— 

15 ‘‘(A) to kill, injure, harass, place under sur16 veillance, intimidate, or cause substantial emo17 tional distress to a person in another State or 

18 tribal jurisdiction or within the special mari19 time and territorial jurisdiction of the United 

20 States; or 

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

22 tribal jurisdiction, or within the special mari23 time and territorial jurisdiction of the United 

24 States, in reasonable fear of the death of, or seri25 ous bodily injury to— 

26 ‘‘(i) that person; 
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•S 1197 RS 

1 ‘‘(ii) a member of the immediate fam2 ily (as defined in section 115 of that person; 

3 or 

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

5 that person; 

6 uses the mail or any facility of interstate or foreign 

7 commerce to engage in a course of conduct that causes 

8 substantial emotional distress to that person or places 

9 that person in reasonable fear of the death of, or seri10 ous bodily injury to, any of the persons described in 

11 clauses (i) through (iii) of subparagraph (B); 

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

13 title.’’. 

14 (b) ENHANCED PENALTIES FOR STALKING.—Section 

15 2231(b) of title 18, United States Code, is amended by add16 ing at the end the following: 

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

18 violation of a temporary or permanent civil or crimi19 nal injunction, restraining order, no-contact order, or 

20 other order described in section 2266 of title 18, 

21 United States Code, shall be punished by imprison22 ment for not less than 1 year.’’. 

23 SEC. 115. REPEAT OFFENDER PROVISION. 

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

25 amended by adding after section 2265 the following: 
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1 ‘‘§ 2265A. Repeat offenders 

2 ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The max3 imum term of imprisonment for a violation of this chapter 

4 after a prior domestic violence or stalking offense shall be 

5 twice the term otherwise provided under this chapter. 

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

7 ‘‘(1) the term ‘prior domestic violence or stalking 

8 offense’ means a conviction for an offense— 

9 ‘‘(A) under section 2261, 2261A, or 2262 of 

10 this chapter; or 

11 ‘‘(B) under State law for an offense con12 sisting of conduct that would have been an of13 fense under a section referred to in subparagraph 

14 (A) if the conduct had occurred within the spe15 cial maritime and territorial jurisdiction of the 

16 United States, or in interstate or foreign com17 merce; and 

18 ‘‘(2) the term ‘State’ means a State of the United 

19 States, the District of Columbia, or any common20 wealth, territory, or possession of the United States.’’. 

21 SEC. 116. PROHIBITING DATING VIOLENCE. 

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

23 States Code, is amended— 

24 (1) in paragraph (1), striking ‘‘or intimate part25 ner’’ and inserting ‘‘, intimate partner, or dating 

26 partner’’; and 
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1 (2) in paragraph (2), striking ‘‘or intimate part2 ner’’ and inserting ‘‘, intimate partner, or dating 

3 partner’’. 

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

5 States Code, is amended by adding at the end the following: 

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

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

8 social relationship of a romantic or intimate nature 

9 with the abuser and the existence of such a relation10 ship based on a consideration of— 

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

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

13 ‘‘(C) the frequency of interaction between 

14 the persons involved in the relationship.’’. 

15 SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME 

16 AND TERRITORIAL JURISDICTION. 

17 (a) DOMESTIC VIOLENCE.—Section 2261(a)(1) of title 

18 18, United States Code, is amended by inserting after ‘‘In19 dian country’’ the following: ‘‘or within the special mari20 time and territorial jurisdiction of the United States’’. 

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

22 18, United States Code, is amended by inserting after ‘‘In23 dian country’’ the following: ‘‘or within the special mari24 time and territorial jurisdiction of the United States’’. 
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1 SEC. 118. UPDATING PROTECTION ORDER DEFINITION. 

2 Section 9534 of title 28, United States Code, is amend3 ed by striking subsection (e)(3)(B) and inserting the fol4 lowing: 

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

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

7 or any other order issued by a civil or 

8 criminal court for the purpose of preventing 

9 violent or threatening acts or harassment 

10 against, sexual violence or contact or com11 munication with or physical proximity to, 

12 another person, including any temporary or 

13 final orders issued by civil or criminal 

14 courts whether obtained by filing an inde15 pendent action or as a pendente lite order 

16 in another proceeding so long as any civil 

17 order was issued in response to a com18 plaint, petition, or motion filed by or on be19 half of a person seeking protection; and 

20 ‘‘(ii) any support, child custody or vis21 itation provisions, orders, remedies, or relief 

22 issued as part of a protection order, re23 straining order, or stay away injunction 

24 pursuant to State, tribal, territorial, or 

25 local law authorizing the issuance of protec26 tion orders, restraining orders, or injunc-
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1 tions for the protection of victims of domes2 tic violence, dating violence, sexual assault, 

3 or stalking.’’. 

4 TITLE II—IMPROVING SERVICES 

5 FOR VICTIMS OF DOMESTIC 

6 VIOLENCE, DATING VIO7 LENCE, SEXUAL ASSAULT, 

8 AND STALKING 

9 SEC. 201. FINDINGS. 

10 Congress finds the following: 

(1) Nearly 1 11 ⁄3 of American women report phys12 ical or sexual abuse by a husband or boyfriend at 

13 some point in their lives. 

14 (2) According to the National Crime Victimiza15 tion Survey, 248,000 Americans 12 years of age and 

16 older were raped or sexually assaulted in 2002. 

17 (3) Rape and sexual assault in the United States 

18 is estimated to cost $127,000,000,000 per year, in19 cluding— 

20 (A) lost productivity; 

21 (B) medical and mental health care; 

22 (C) police and fire services; 

23 (D) social services; 

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

25 (F) reduced quality of life. 
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1 (4) Nonreporting of sexual assault in rural areas 

2 is a particular problem because of the high rate of 

3 nonstranger sexual assault. 

4 (5) Geographic isolation often compounds the 

5 problems facing sexual assault victims. The lack of 

6 anonymity and accessible support services can limit 

7 opportunities for justice for victims. 

8 (6) Domestic elder abuse is primarily family 

9 abuse. The National Elder Abuse Incidence Study 

10 found that the perpetrator was a family member in 

11 90 percent of cases. 

12 (7) Barriers for older victims leaving abusive re13 lationships include— 

14 (A) the inability to support themselves; 

15 (B) poor health that increases their depend16 ence on the abuser; 

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

18 and 

19 (D) ineffective responses by domestic abuse 

20 programs and law enforcement. 

21 (8) Disabled women comprise another vulnerable 

22 population with unmet needs. Women with disabil23 ities are more likely to be the victims of abuse and 

24 violence than women without disabilities because of 
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1 their increased physical, economic, social, or psycho2 logical dependence on others. 

3 (9) Many women with disabilities also fail to re4 port the abuse, since they are dependent on their 

5 abusers and fear being abandoned or institutional6 ized. 

7 (10) Of the 598 battered women’s programs sur8 veyed— 

9 (A) only 35 percent of these programs of10 fered disability awareness training for their 

11 staff; and 

12 (B) only 16 percent dedicated a staff mem13 ber to provide services to women with disabil14 ities. 

15 (11) Problems of domestic violence are exacer16 bated for immigrants when spouses control the immi17 gration status of their family members, and abusers 

18 use threats of refusal to file immigration papers and 

19 threats to deport spouses and children as powerful 

20 tools to prevent battered immigrant women from seek21 ing help, trapping battered immigrant women in vio22 lent homes because of fear of deportation. 

23 (12) Battered immigrant women who attempt to 

24 flee abusive relationships may not have access to bi25 lingual shelters or bilingual professionals, and face re-
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1 strictions on public or financial assistance. They may 

2 also lack assistance of a certified interpreter in court, 

3 when reporting complaints to the police or a 9-1-1 op4 erator, or even in acquiring information about their 

5 rights and the legal system. 

6 (13) More than 500 men and women call the Na7 tional Domestic Violence Hotline every day to get im8 mediate, informed, and confidential assistance to help 

9 deal with family violence. 

10 (14) The National Domestic Violence Hotline 

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

12 days a week, with bilingual staff, access to translators 

13 in 150 languages, and a TTY line for the hearing-im14 paired. 

15 (15) With access to over 5,000 shelters and serv16 ice providers across the United States, Puerto Rico, 

17 and the United States Virgin Islands, the National 

18 Domestic Violence Hotline provides crisis intervention 

19 and immediately connects callers with sources of help 

20 in their local community. 

21 (16) Approximately 60 percent of the callers in22 dicate that calling the Hotline is their first attempt 

23 to address a domestic violence situation and that they 

24 have not called the police or any other support serv25 ices. 
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1 (17) Between 2000 and 2003, there was a 27 

2 percent increase in call volume at the National Do3 mestic Violence Hotline. 

4 (18) Improving technology infrastructure at the 

5 National Domestic Violence Hotline and training ad6 vocates, volunteers, and other staff on upgraded tech7 nology will drastically increase the Hotline’s ability 

8 to answer more calls quickly and effectively. 

9 SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM. 

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

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

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

13 Act, the following: 

14 ‘‘SEC. 2014. SEXUAL ASSAULT SERVICES. 

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

16 ‘‘(1) to assist States, Indian tribes, and terri17 tories in providing intervention, advocacy, accom18 paniment, support services, and related assistance 

19 for— 

20 ‘‘(A) adult, youth, and child victims of sex21 ual assault; 

22 ‘‘(B) family and household members of such 

23 victims; and 
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1 ‘‘(C) those collaterally affected by the vic2 timization, except for the perpetrator of such vic3 timization; 

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

5 training relating to sexual assault to— 

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

7 local governments, law enforcement agencies, and 

8 courts; 

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

10 service, and health care settings; 

11 ‘‘(C) nonprofit organizations; 

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

13 ‘‘(E) other individuals and organizations 

14 seeking such assistance. 

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

16 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen17 eral shall award grants to States and territories to 

18 support the establishment, maintenance, and expan19 sion of rape crisis centers and other programs and 

20 projects to assist those victimized by sexual assault. 

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

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

23 than 5 percent of the grant funds received by a 

24 State or territory governmental agency under 
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1 this subsection for any fiscal year may be used 

2 for administrative costs. 

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

4 by a State or territory under this subsection that 

5 are not used for administrative costs shall be 

6 used to provide grants to rape crisis centers and 

7 other nonprofit, nongovernmental organizations 

8 for programs and activities within such State or 

9 territory that provide direct intervention and re10 lated assistance. 

11 ‘‘(C) INTERVENTION AND RELATED ASSIST12 ANCE.—Intervention and related assistance 

13 under subparagraph (B) may include— 

14 ‘‘(i) 24 hour hotline services providing 

15 crisis intervention services and referral; 

16 ‘‘(ii) accompaniment and advocacy 

17 through medical, criminal justice, and so18 cial support systems, including medical fa19 cilities, police, and court proceedings; 

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

21 individual and group support services, and 

22 comprehensive service coordination and su23 pervision to assist sexual assault victims 

24 and family or household members; 
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1 ‘‘(iv) information and referral to assist 

2 the sexual assault victim and family or 

3 household members; 

4 ‘‘(v) community-based, linguistically 

5 and culturally specific services and support 

6 mechanisms, including outreach activities 

7 for racial and ethnic, and other underserved 

8 communities; and 

9 ‘‘(vi) the development and distribution 

10 of materials on issues related to the services 

11 described in clauses (i) through (v). 

12 ‘‘(3) APPLICATION.— 

13 ‘‘(A) IN GENERAL.—Each eligible entity de14 siring a grant under this subsection shall submit 

15 an application to the Attorney General at such 

16 time and in such manner as the Attorney Gen17 eral may reasonably require. 

18 ‘‘(B) CONTENTS.—Each application sub19 mitted under subparagraph (A) shall— 

20 ‘‘(i) set forth procedures designed to en21 sure meaningful involvement of the State or 

22 territorial sexual assault coalition and rep23 resentatives from racial and ethnic and 

24 other underserved communities in the devel-
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1 opment of the application and the imple2 mentation of the plans; 

3 ‘‘(ii) set forth procedures designed to 

4 ensure an equitable distribution of grants 

5 and grant funds within the State or terri6 tory and between urban and rural areas 

7 within such State or territory; 

8 ‘‘(iii) identify the State or territorial 

9 agency that is responsible for the adminis10 tration of programs and activities; and 

11 ‘‘(iv) meet other such requirements as 

12 the Attorney General reasonably determines 

13 are necessary to carry out the purposes and 

14 provisions of this section. 

15 ‘‘(4) MINIMUM AMOUNT.—The Attorney General 

16 shall allocate to each State not less than 1.50 percent 

17 of the total amount appropriated in a fiscal year for 

18 grants under this section, except that the United 

19 States Virgin Islands, American Samoa, Guam, the 

20 District of Columbia, Puerto Rico, and the Common21 wealth of the Northern Mariana Islands shall each be 

22 allocated 0.125 percent of the total appropriations. 

23 The remaining funds shall be allotted to each State 

24 and each territory in an amount that bears the same 

25 ratio to such remaining funds as the population of 
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1 such State and such territory bears to the population 

2 of the combined States or the population of the com3 bined territories. 

4 ‘‘(c) GRANTS FOR CULTURALLY SPECIFIC PROGRAMS

5 ADDRESSING SEXUAL ASSAULT.— 

6 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen7 eral shall award grants to eligible entities to support 

8 the establishment, maintenance, and expansion of cul9 turally specific intervention and related assistance for 

10 victims of sexual assault. 

11 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re12 ceive a grant under this section, an entity shall— 

13 ‘‘(A) be a private nonprofit organization 

14 that focuses primarily on racial and ethnic com15 munities; 

16 ‘‘(B) must have documented organizational 

17 experience in the area of sexual assault interven18 tion or have entered into a partnership with an 

19 organization having such expertise; 

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

21 community-based, linguistically and culturally 

22 specific outreach and intervention services rel23 evant for the specific racial and ethnic commu24 nities to whom assistance would be provided or 

25 have the capacity to link to existing services in 
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1 the community tailored to the needs of racial 

2 and ethnic populations; and 

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

4 committee and staffing which is reflective of the 

5 targeted racial and ethnic community. 

6 ‘‘(3) AWARD BASIS.—The Attorney General shall 

7 award grants under this section on a competitive 

8 basis. 

9 ‘‘(4) DISTRIBUTION.— 

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

11 more than 2.5 percent of funds appropriated 

12 under this subsection in any year for adminis13 tration, monitoring, and evaluation of grants 

14 made available under this subsection. 

15 ‘‘(B) Up to 5 percent of funds appropriated 

16 under this subsection in any year shall be avail17 able for technical assistance by a national, non18 profit, nongovernmental organization or organi19 zations whose primary focus and expertise is in 

20 addressing sexual assault within racial and eth21 nic communities. 

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

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

24 2 fiscal years. 
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1 ‘‘(6) REPORTING.—Each entity receiving a grant 

2 under this subsection shall submit a report to the At3 torney General that describes the activities carried out 

4 with such grant funds. 

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

6 SEXUAL ASSAULT COALITIONS.— 

7 ‘‘(1) GRANTS AUTHORIZED.— 

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

9 shall award grants to State, territorial, and trib10 al sexual assault coalitions to assist in sup11 porting the establishment, maintenance, and ex12 pansion of such coalitions. 

13 ‘‘(B) MINIMUM AMOUNT.—Not less than 10 

14 percent of the total amount appropriated to 

15 carry out this section shall be used for grants 

16 under subparagraph (A). 

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

18 State, territorial, and tribal sexual assault coali19 tions. 

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

21 under this subsection may be used to— 

22 ‘‘(A) work with local sexual assault pro23 grams and other providers of direct services to 

24 encourage appropriate responses to sexual as25 sault within the State, territory, or tribe; 
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1 ‘‘(B) work with judicial and law enforce2 ment agencies to encourage appropriate re3 sponses to sexual assault cases; 

4 ‘‘(C) work with courts, child protective serv5 ices agencies, and children’s advocates to develop 

6 appropriate responses to child custody and visi7 tation issues when sexual assault has been deter8 mined to be a factor; 

9 ‘‘(D) design and conduct public education 

10 campaigns; 

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

12 grants and grant funds to their State, territory, 

13 or tribe; or 

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

15 State, or local public officials and agencies to de16 velop and implement policies to reduce or elimi17 nate sexual assault. 

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

19 amounts appropriated for grants under this sub20 section for each fiscal year— 

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

22 shall be available for grants to tribal sexual as23 sault coalitions; 

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

25 for grants to State and territorial coalitions, and 
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1 the Attorney General shall allocate an amount 

equal to 1 2 ⁄56 of the amounts so appropriated to 

3 each of those State and territorial coalitions. 

4 ‘‘(4) APPLICATION.—Each eligible entity desiring 

5 a grant under this subsection shall submit an appli6 cation to the Attorney General at such time, in such 

7 manner, and containing such information as the At8 torney General determines to be essential to carry out 

9 the purposes of this section. 

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

11 be prohibited from submitting an application under 

12 this subsection during any fiscal year for which funds 

13 are available under this subsection because such enti14 ty has not previously applied or received funding 

15 under this subsection. 

16 ‘‘(e) GRANTS TO TRIBES.— 

17 ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen18 eral may award grants to Indian tribes, tribal orga19 nizations, and nonprofit tribal organizations for the 

20 operation of sexual assault programs or projects in 

21 Indian country and Alaskan Native villages to sup22 port the establishment, maintenance, and expansion 

23 of programs and projects to assist those victimized by 

24 sexual assault. 

25 ‘‘(2) ALLOCATION AND USE OF FUNDS.— 
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1 ‘‘(A) ADMINISTRATIVE COSTS.—Not more 

2 than 5 percent of the grant funds received by an 

3 Indian tribe, tribal organization, and nonprofit 

4 tribal organization under this subsection for any 

5 fiscal year may be used for administrative costs. 

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

7 under this subsection that are not used for ad8 ministrative costs shall be used to provide grants 

9 to tribal organizations and nonprofit tribal or10 ganizations for programs and activities within 

11 Indian country and Alaskan native villages that 

12 provide direct intervention and related assist13 ance. 

14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 

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

16 appropriated $50,000,000 for each of the fiscal years 

17 2006 through 2010 to carry out the provisions of this 

18 section. 

19 ‘‘(2) ALLOCATIONS.—Of the total amounts ap20 propriated for each fiscal year to carry out this sec21 tion— 

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

23 used by the Attorney General for evaluation, 

24 monitoring, and other administrative costs 

25 under this section; 
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1 ‘‘(B) not more than 2.5 percent shall be 

2 used for the provision of technical assistance to 

3 grantees and subgrantees under this section; 

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

5 for grants to States and territories under sub6 section (b); 

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

8 for making grants to State, territorial, and trib9 al sexual assault coalitions under subsection (d); 

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

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

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

13 for grants for culturally specific programs ad14 dressing sexual assault under subsection (c).’’. 

15 SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIO16 LENCE AND CHILD ABUSE ENFORCEMENT AS17 SISTANCE PROGRAM. 

18 Section 40295 of the Safe Homes for Women Act of 

19 1994 (42 U.S.C. 13971) is amended to read as follows: 

20 ‘‘SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIO21 LENCE, SEXUAL ASSAULT, STALKING, AND 

22 CHILD ABUSE ENFORCEMENT ASSISTANCE. 

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

24 ‘‘(1) to identify, assess, and appropriately re25 spond to child, youth, and adult victims of domestic 
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1 violence, sexual assault, dating violence, and stalking 

2 in rural communities, by encouraging collaboration 

3 among— 

4 ‘‘(A) domestic violence, dating violence, sex5 ual assault, and stalking victim service pro6 viders; 

7 ‘‘(B) law enforcement agencies; 

8 ‘‘(C) prosecutors; 

9 ‘‘(D) courts; 

10 ‘‘(E) other criminal justice service pro11 viders; 

12 ‘‘(F) human and community service pro13 viders; 

14 ‘‘(G) educational institutions; and 

15 ‘‘(H) health care providers; 

16 ‘‘(2) to establish and expand nonprofit, non17 governmental, State, tribal, territorial, and local gov18 ernment victim services in rural communities to 

19 child, youth, and adult victims; and 

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

21 women and children in rural communities, by— 

22 ‘‘(A) dealing directly and immediately with 

23 domestic violence, sexual assault, dating violence, 

24 and stalking occurring in rural communities; 

25 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 Against 

7 Women (referred to in this section as the ‘Director’), may 

8 award grants to States, Indian tribes, local governments, 

9 and nonprofit, public or private entities, including tribal 

10 nonprofit organizations, to carry out programs serving 

11 rural areas or rural communities that address domestic vio12 lence, dating violence, sexual assault, and stalking by— 

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

14 cooperative efforts and projects among law enforce15 ment officers, prosecutors, victim advocacy groups, 

16 and other related parties to investigate and prosecute 

17 incidents of domestic violence, dating violence, sexual 

18 assault, and stalking; 

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

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

21 and minor victims of domestic violence, dating vio22 lence, sexual assault, and stalking in rural commu23 nities, including assistance in immigration matters; 

24 and 
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1 ‘‘(3) working in cooperation with the community 

2 to develop education and prevention strategies di3 rected 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 less 

9 than 10 percent of the total amount made available 

10 for each fiscal year to carry out this section shall be 

11 allocated for grants to Indian tribes or tribal organi12 zations. 

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

14 ‘‘(A) IN GENERAL.—Not less than 25 per15 cent of the total amount appropriated in a fiscal 

16 year under this section shall fund services that 

17 meaningfully address sexual assault in rural 

18 communities, however at such time as the 

19 amounts appropriated reach the amount of 

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

21 30 percent of the total amount appropriated, at 

22 such time as the amounts appropriated reach the 

23 amount of $50,000,000, the percentage allocated 

24 shall rise to 35 percent of the total amount ap25 propriated, and at such time as the amounts ap-
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1 propriated reach the amount of $55,000,000, the 

2 percentage allocated shall rise to 40 percent of 

3 the amounts appropriated. 

4 ‘‘(B) MULTIPLE PURPOSE APPLICATIONS.— 

5 Nothing in this section shall prohibit any appli6 cant from applying for funding to address sexual 

7 assault, domestic violence, stalking, or dating vi8 olence in the same application. 

9 ‘‘(3) ALLOTMENT FOR TECHNICAL ASSISTANCE.— 

10 Of the amounts appropriated for each fiscal year to 

11 carry out this section, not more than 8 percent may 

12 be used by the Director for technical assistance costs. 

13 Of the amounts appropriated in this section, no less 

14 than 25 percent of such amounts shall be available to 

15 a nonprofit, nongovernmental organization or organi16 zations whose focus and expertise is in addressing sex17 ual assault to provide technical assistance to sexual 

18 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 years 

6 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 of 

13 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 infor2 mation on domestic violence, dating violence, stalking, 

3 and sexual assault against individuals with disabil4 ities (as defined in section 3 of the Americans with 

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

6 ‘‘(2) to enhance direct services to such individ7 uals. 

8 ‘‘(b) USE OF FUNDS.—Grants awarded under this sec9 tion shall be used— 

10 ‘‘(1) to provide personnel, training, technical as11 sistance, advocacy, intervention, risk reduction and 

12 prevention of domestic violence, dating violence, stalk13 ing, and sexual assault against disabled individuals; 

14 ‘‘(2) to conduct outreach activities to ensure that 

15 disabled individuals who are victims of domestic vio16 lence, dating violence, stalking, or sexual assault re17 ceive appropriate assistance; 

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

19 organizations, governmental agencies, courts, law en20 forcement, and nonprofit, nongovernmental organiza21 tions serving individuals with disabilities about risk 

22 reduction, intervention, prevention and the nature of 

23 domestic violence, dating violence, stalking, and sex24 ual assault for disabled individuals; 
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1 ‘‘(4) to provide technical assistance to assist with 

2 modifications to existing policies, protocols, and pro3 cedures to ensure equal access to the services, pro4 grams, and activities of victim service organizations 

5 for disabled individuals; 

6 ‘‘(5) to provide training and technical assistance 

7 on the requirements of shelters and victim services or8 ganizations under Federal antidiscrimination laws, 

9 including— 

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

11 1990; and 

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

13 1973; 

14 ‘‘(6) to rehabilitate facilities, purchase equip15 ment, and provide personnel so that shelters and vic16 tim service organizations can accommodate the needs 

17 of disabled individuals; 

18 ‘‘(7) to provide advocacy and intervention serv19 ices for disabled individuals who are victims of do20 mestic violence, dating violence, stalking, or sexual 

21 assault; or 

22 ‘‘(8) to develop model programs providing advo23 cacy and intervention services within organizations 

24 serving disabled individuals who are victims of do-
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1 mestic violence, dating violence, sexual assault, or 

2 stalking. 

3 ‘‘(c) ELIGIBLE ENTITIES.— 

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

5 receive a grant under this section if the entity is— 

6 ‘‘(A) a State; 

7 ‘‘(B) a unit of local government; 

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

9 organization; or 

10 ‘‘(D) a nonprofit and nongovernmental vic11 tim services organization, such as a State domes12 tic violence or sexual assault coalition or a non13 profit, nongovernmental organization serving 

14 disabled individuals. 

15 ‘‘(2) LIMITATION.—A grant awarded for the pur16 pose described in subsection (b)(8) shall only be 

17 awarded to an eligible agency (as defined in section 

18 410 of the Rehabilitation Act of 1973 (29 U.S.C. 

19 796f–5). 

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

21 grants under this section, the Director shall ensure that the 

22 needs of racial and ethnic and other underserved popu23 lations are being addressed. 
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated $10,000,000 for each of the 

3 fiscal years 2006 through 2010 to carry out this section.’’. 

4 SEC. 205. TRAINING AND SERVICES TO END VIOLENCE 

5 AGAINST WOMEN IN LATER LIFE. 

6 (a) TRAINING PROGRAMS.—Section 40802 of the Vio7 lence Against Women Act of 1994 (42 U.S.C. 14041a) is 

8 amended to read as follows: 

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

10 VIOLENCE AGAINST AND ABUSE OF WOMEN 

11 LATER IN LIFE. 

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

13 through the Director of the Office on Violence Against 

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

15 ‘‘(1) training programs to assist law enforce16 ment, prosecutors, governmental agencies, victim as17 sistants, and relevant officers of Federal, State, tribal, 

18 territorial, and local courts in recognizing, address19 ing, investigating, and prosecuting instances of elder 

20 abuse, neglect, and exploitation, including domestic 

21 violence, dating violence, sexual assault, or stalking 

22 against victims who are 50 years of age or older; 

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

24 of elder abuse, neglect, and exploitation, including do-
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1 mestic violence, dating violence, sexual assault, or 

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

3 ‘‘(3) increasing the physical accessibility of 

4 buildings in which services are or will be rendered for 

5 victims of elder abuse, neglect, and exploitation, in6 cluding domestic violence, dating violence, sexual as7 sault, and stalking, who are 50 years of age or older; 

8 ‘‘(4) creating or supporting multidisciplinary 

9 collaborative community responses to victims of elder 

10 abuse, neglect, and exploitation, including domestic 

11 violence, dating violence, sexual assault, and stalking, 

12 who are 50 years of age or older; and 

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

14 organizations, governmental agencies, courts, law en15 forcement, and nonprofit, nongovernmental organiza16 tions serving victims of elder abuse, neglect, and ex17 ploitation, including domestic violence, dating vio18 lence, sexual assault, and stalking, who are 50 years 

19 of age or older. 

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

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

22 ‘‘(1) a State; 

23 ‘‘(2) a unit of local government; 

24 ‘‘(3) an Indian tribal government or tribal orga25 nization; or 
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1 ‘‘(4) a nonprofit and nongovernmental victim 

2 services organization with demonstrated experience in 

3 assisting elderly women or demonstrated experience 

4 in addressing domestic violence, dating violence, sex5 ual assault, and stalking. 

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

7 grants under this section, the Director shall ensure that 

8 services are culturally and linguistically relevant and that 

9 the needs of racial, ethnic, and other underserved popu10 lations are being addressed.’’. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 40803 of the Violence Against Women Act of 1994 (42 

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

14 of fiscal years 2001 through 2005’’ and inserting 

15 ‘‘$10,000,000 for each of the fiscal years 2006 through 

16 2010’’. 

17 SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIO18 LENCE HOTLINE. 

19 Section 316 of the Family Violence Prevention and 

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

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

22 following: 

23 ‘‘(5) provide technology and telecommunication 

24 training and assistance for advocates, volunteers, 

25 staff, and others affiliated with the hotline so that 
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1 such persons are able to effectively use improved 

2 equipment made available through the Connections 

3 Campaign.’’; 

4 (2) in subsection (g)— 

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

6 ‘‘$3,500,000’’ and all that follows and inserting 

7 ‘‘$5,000,000 for each of fiscal years 2006 through 

8 2010.’’; 

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

10 (C) by redesignating paragraph (3) as 

11 paragraph (2); and 

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

13 subsections (f) and (g) as subsections (e) and (f), re14 spectively. 

15 TITLE III—SERVICES, PROTEC16 TION, AND JUSTICE FOR 

17 YOUNG VICTIMS OF VIO18 LENCE 

19 SEC. 301. FINDINGS. 

20 Congress finds the following: 

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

22 percent of all sexual assault victimizations reported to 

23 law enforcement officials. 

24 (2) The Department of Justice consistently finds 

25 that young women between the ages of 16 and 24 ex-
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1 perience the highest rate of non-fatal intimate partner 

2 violence. 

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

4 sexual assault occurred in public schools across the 

5 country. 

6 (4) Young people experience particular obstacles 

7 to seeking help. They often do not have access to 

8 money, transportation, or shelter services. They must 

9 overcome issues such as distrust of adults, lack of 

10 knowledge about available resources, or pressure from 

11 peers and parents. 

12 (5) A needs assessment on teen relationship 

13 abuse for the State of California, funded by the Cali14 fornia Department of Health Services, identified a de15 sire for confidentiality and confusion about the law 

16 as 2 of the most significant barriers to young victims 

17 of domestic and dating violence seeking help. 

18 (6) Only one State specifically allows for minors 

19 to petition the court for protection orders. 

20 (7) Many youth are involved in dating relation21 ships, and these relationships can include the same 

22 kind of domestic violence and dating violence seen in 

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

24 of all incidents of domestic violence involve people 

25 who are not married. 
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1 (8) 40 percent of girls ages 14 to 17 report know2 ing someone their age who has been hit or beaten by 

3 a boyfriend, and 13 percent of college women report 

4 being stalked. 

5 (9) Of college women who said they had been the 

6 victims of rape or attempted rape, 12.8 percent of 

7 completed rapes, 35 percent of attempted rapes, and 

8 22.9 percent of threatened rapes took place on a date. 

9 Almost 60 percent of the completed rapes that oc10 curred on campus took place in the victim’s residence. 

11 (10) According to a 3-year study of student-ath12 letes at 10 Division I universities, male athletes made 

13 up only 3.3 percent of the general male university 

14 population, but they accounted for 19 percent of the 

15 students reported for sexual assault and 35 percent of 

16 domestic violence perpetrators. 

17 SEC. 302. RAPE PREVENTION AND EDUCATION. 

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

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

20 read as follows: 

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—There is authorized to be ap23 propriated to carry out this section $80,000,000 for 

24 each of fiscal years 2006 through 2010. 
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1 ‘‘(2) NATIONAL SEXUAL VIOLENCE RESOURCE

2 CENTER ALLOTMENT.—Of the total amount made 

3 available under this subsection in each fiscal year, 

4 not less than $1,500,000 shall be available for allot5 ment under subsection (b).’’. 

6 SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUS7 TICE FOR YOUNG VICTIMS OF VIOLENCE. 

8 The Violence Against Women Act of 1994 (Public Law 

9 103–322, Stat. 1902 et seq.) is amended by adding at the 

10 end the following: 

11 ‘‘Subtitle L—Services, Education, 

12 Protection and Justice for 

13 Young Victims of Violence 

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

15 TO YOUTH. 

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

17 in consultation with the Department of Health and Human 

18 Services, shall award grants to eligible entities to conduct 

19 programs to serve victims of domestic violence, dating vio20 lence, sexual assault, and stalking who are between the ages 

21 of 12 and 24. Amounts appropriated under this section may 

22 only be used for programs and activities described under 

23 subsection (c). 

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

25 a grant under this section, an entity shall be— 
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1 ‘‘(1) a nonprofit, nongovernmental entity, the 

2 primary purpose of which is to provide services to 

3 teen and young adult victims of domestic violence, 

4 dating violence, sexual assault, or stalking; 

5 ‘‘(2) a community-based organization special6 izing in intervention or violence prevention services 

7 for youth; 

8 ‘‘(3) an Indian Tribe or tribal organization pro9 viding services primarily to tribal youth or tribal vic10 tims of domestic violence, dating violence, sexual as11 sault or stalking; or 

12 ‘‘(4) a nonprofit, nongovernmental entity pro13 viding services for runaway or homeless youth affected 

14 by domestic or sexual abuse. 

15 ‘‘(c) USE OF FUNDS.— 

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

17 grant under this section shall use amounts provided 

18 under the grant to design or replicate, and imple19 ment, programs and services, using domestic violence, 

20 dating violence, sexual assault, and stalking interven21 tion models to respond to the needs of youth who are 

22 victims of domestic violence, dating violence, sexual 

23 assault or stalking. 

24 ‘‘(2) TYPES OF PROGRAMS.—Such a program— 
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1 ‘‘(A) shall provide direct counseling and ad2 vocacy for youth and young adults, who have ex3 perienced domestic violence, dating violence, sex4 ual assault or stalking; 

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

6 and community relevant services for racial, eth7 nic, and other underserved populations or link8 ages to existing services in the community tai9 lored to the needs of underserved populations; 

10 ‘‘(C) may include mental health services for 

11 youth and young adults who have experienced 

12 domestic violence, dating violence, sexual assault, 

13 or stalking; 

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

15 behalf of youth and young adults with respect to 

16 domestic violence, dating violence, sexual assault 

17 or stalking; 

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

19 agencies to develop and implement policies, 

20 rules, and procedures in order to reduce or elimi21 nate domestic violence, dating violence, sexual 

22 assault, and stalking against youth and young 

23 adults; and 

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

25 the grant funds to provide additional services 
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1 and resources for youth, including childcare, 

2 transportation, educational support, and respite 

3 care. 

4 ‘‘(d) AWARDS BASIS.— 

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

6 7 percent of funds appropriated under this section in 

7 any year shall be available for grants to Indian 

8 Tribes or tribal organizations. 

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

10 shall not use more than 2.5 percent of funds appro11 priated under this section in any year for adminis12 tration, monitoring, and evaluation of grants made 

13 available under this section. 

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

15 percent of funds appropriated under this section in 

16 any year shall be available to provide technical assist17 ance for programs funded under this section. 

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

19 grants under this section for a period of 3 fiscal years. 

20 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section, 

22 $15,000,000 for each of fiscal years 2006 through 2010. 

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

24 ‘‘(a) PURPOSE.—It is the purpose of this section to en25 courage cross training and collaboration between the courts, 
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1 domestic violence and sexual assault service providers, 

2 youth organizations and service providers, violence preven3 tion programs, and law enforcement agencies, so that com4 munities can establish and implement policies, procedures, 

5 and practices to protect and more comprehensively and ef6 fectively serve young victims of dating violence, domestic 

7 violence, sexual assault, and stalking who are between the 

8 ages of 12 and 24, and to engage, where necessary, other 

9 entities addressing the safety, health, mental health, social 

10 service, housing, and economic needs of young victims of 

11 domestic violence, dating violence, sexual assault, and stalk12 ing, including community-based supports such as schools, 

13 local health centers, community action groups, and neigh14 borhood coalitions. 

15 ‘‘(b) GRANT AUTHORITY.— 

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

17 through the Director of the Office on Violence Against 

18 Women (in this section referred to as the ‘Director’), 

19 shall make grants to eligible entities to carry out the 

20 purposes of this section. 

21 ‘‘(2) GRANT PERIODS.—Grants shall be awarded 

22 under this section for a period of 2 fiscal years. 

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

24 grant under this section, a grant applicant shall es25 tablish a collaboration that— 
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1 ‘‘(A) shall include a victim service provider 

2 that has a documented history of effective work 

3 concerning domestic violence, dating violence, 

4 sexual assault, or stalking and the effect that 

5 those forms of abuse have on young people; 

6 ‘‘(B) shall include a court or law enforce7 ment agency partner; and 

8 ‘‘(C) may include— 

9 ‘‘(i) batterer intervention programs or 

10 sex offender treatment programs with spe11 cialized knowledge and experience working 

12 with youth offenders; 

13 ‘‘(ii) community-based youth organiza14 tions that deal specifically with the concerns 

15 and problems faced by youth, including pro16 grams that target teen parents and racial, 

17 ethnic, and other underserved communities; 

18 ‘‘(iii) schools or school-based programs 

19 designed to provide prevention or interven20 tion services to youth experiencing prob21 lems; 

22 ‘‘(iv) faith-based entities that deal with 

23 the concerns and problems faced by youth; 

24 ‘‘(v) healthcare entities eligible for re25 imbursement under title XVIII of the Social 
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•S 1197 RS 

1 Security Act, including providers that tar2 get the special needs of youth; 

3 ‘‘(vi) education programs on HIV and 

4 other sexually transmitted diseases that are 

5 designed to target teens; 

6 ‘‘(vii) Indian Health Services, Indian 

7 Child Welfare, the Bureau of Indian Af8 fairs, or the Federal Bureau of Investiga9 tions; or 

10 ‘‘(viii) law enforcement agencies of the 

11 Bureau of Indian Affairs providing tribal 

12 law enforcement. 

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

14 under this section shall use the funds made available 

15 through the grant for cross-training and collaborative ef16 forts— 

17 ‘‘(1) addressing domestic violence, dating vio18 lence, sexual assault, and stalking, assessing and ana19 lyzing currently available services for youth and 

20 young adult victims, determining relevant barriers to 

21 such services in a particular locality, and developing 

22 a community protocol to address such problems col23 laboratively; 

24 ‘‘(2) to establish and enhance linkages and col25 laboration between— 
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1 ‘‘(A) domestic violence and sexual assault 

2 service providers; and 

3 ‘‘(B) where applicable, law enforcement 

4 agencies, courts, Federal agencies, and other en5 tities addressing the safety, health, mental 

6 health, social service, housing, and economic 

7 needs of young victims of abuse, including com8 munity-based supports such as schools, local 

9 health centers, community action groups, and 

10 neighborhood coalitions— 

11 ‘‘(i) to respond effectively and com12 prehensively to the varying needs of young 

13 victims of abuse; 

14 ‘‘(ii) to include linguistically, cul15 turally, and community relevant services 

16 for racial, ethnic, and other underserved 

17 populations or linkages to existing services 

18 in the community tailored to the needs of 

19 underserved populations; and 

20 ‘‘(iii) to include where appropriate 

21 legal assistance, referral services, and pa22 rental support; 

23 ‘‘(3) to educate the staff of courts, domestic vio24 lence and sexual assault service providers, and, as ap25 plicable, the staff of law enforcement agencies, Indian 
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1 child welfare agencies, youth organizations, schools, 

2 healthcare providers, and other community prevention 

3 and intervention programs to responsibly address 

4 youth victims and perpetrators of domestic violence, 

5 dating violence, sexual assault, and stalking; 

6 ‘‘(4) to identify, assess, and respond appro7 priately to dating violence, domestic violence, sexual 

8 assault, or stalking against teens and young adults 

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

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

11 court matters to respond to dating violence, domestic 

12 violence, sexual assault, and stalking and ensure nec13 essary services dealing with the health and mental 

14 health of victims are available. 

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

16 under this section, the entities that are members of the ap17 plicant collaboration described in subsection (b)(3) shall 

18 jointly submit an application to the Director at such time, 

19 in such manner, and containing such information as the 

20 Director may require. 

21 ‘‘(e) PRIORITY.—In awarding grants under this sec22 tion, the Director shall give priority to entities that have 

23 submitted applications in partnership with community or24 ganizations and service providers that work primarily with 

25 youth, especially teens, and who have demonstrated a com-
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1 mitment to coalition building and cooperative problem solv2 ing in dealing with problems of dating violence, domestic 

3 violence, sexual assault, and stalking in teen populations. 

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

5 section— 

6 ‘‘(1) not less than 10 percent of funds appro7 priated under this section in any year shall be avail8 able to Indian tribal governments to establish and 

9 maintain collaborations involving the appropriate 

10 tribal justice and social services departments or do11 mestic violence or sexual assault service providers, the 

12 purpose of which is to provide culturally appropriate 

13 services to American Indian women or youth; 

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

15 percent of funds appropriated under this section in 

16 any year for monitoring and evaluation of grants 

17 made available under this section; 

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

19 shall not use more than 2.5 percent of funds appro20 priated under this section in any year for adminis21 tration of grants made available under this section; 

22 and 

23 ‘‘(4) up to 8 percent of funds appropriated under 

24 this section in any year shall be available to provide 
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•S 1197 RS 

1 technical assistance for programs funded under this 

2 section. 

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

4 than 12 months after the end of the grant period under this 

5 section, the Director shall prepare, submit to Congress, and 

6 make widely available, including through electronic means, 

7 summaries that contain information on— 

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

9 of the grants awarded under this section; and 

10 ‘‘(2) related initiatives undertaken by the Direc11 tor to promote attention to dating violence, domestic 

12 violence, sexual assault, and stalking and their im13 pact on young victims by— 

14 ‘‘(A) the staffs of courts; 

15 ‘‘(B) domestic violence, dating violence, sex16 ual assault, and stalking victim service pro17 viders; and 

18 ‘‘(C) law enforcement agencies and commu19 nity organizations. 

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

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

22 $5,000,000 in each of fiscal years 2006 through 2010. 
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1 ‘‘SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION 

2 ON THE INTERSECTION BETWEEN DOMESTIC 

3 VIOLENCE AND CHILD MALTREATMENT. 

4 ‘‘(a) PURPOSE.—The purpose of this section is to sup5 port efforts by child welfare agencies, domestic violence or 

6 dating violence victim services providers, courts, law en7 forcement, and other related professionals and community 

8 organizations to develop collaborative responses and services 

9 and provide cross-training to enhance community responses 

10 to families where there is both child maltreatment and do11 mestic violence. 

12 ‘‘(b) GRANTS AUTHORIZED.—The Secretary of the De13 partment of Health and Human Services (in this section 

14 referred to as the ‘Secretary’), through the Family and 

15 Youth Services Bureau, and in consultation with the Office 

16 on Violence Against Women, shall award grants on a com17 petitive basis to eligible entities for the purposes and in the 

18 manner described in this section. 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated to carry out this section 

21 $5,000,000 for each of fiscal years 2006 through 2010. 

22 Funds appropriated under this section shall remain avail23 able until expended. Of the amounts appropriated to carry 

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

25 ‘‘(1) use not more than 3 percent for evaluation, 

26 monitoring, site visits, grantee conferences, and other 
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1 administrative costs associated with conducting ac2 tivities under this section; 

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

4 to Indian tribes to develop programs addressing child 

5 maltreatment and domestic violence or dating vio6 lence that are operated by, or in partnership with, a 

7 tribal organization; and 

8 ‘‘(3) set aside up to 8 percent for technical as9 sistance and training to be provided by organizations 

10 having demonstrated expertise in developing collabo11 rative community and system responses to families in 

12 which there is both child maltreatment and domestic 

13 violence or dating violence, which technical assistance 

14 and training may be offered to jurisdictions in the 

15 process of developing community responses to families 

16 in which children are exposed to child maltreatment 

17 and domestic violence or dating violence, whether or 

18 not they are receiving funds under this section. 

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

20 grants under this section, the Secretary shall consider the 

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

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

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

24 fiscal years. 
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•S 1197 RS 

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

2 under this section shall use amounts provided to develop 

3 collaborative responses and services and provide cross-train4 ing to enhance community responses to families where there 

5 is both child maltreatment and domestic violence or dating 

6 violence. Amounts distributed under this section may only 

7 be used for programs and activities described in subsection 

8 (g). 

9 ‘‘(g) PROGRAMS AND ACTIVITIES.—The programs and 

10 activities developed under this section shall— 

11 ‘‘(1) encourage cross training, education, service 

12 development, and collaboration among child welfare 

13 agencies, domestic violence victim service providers, 

14 and courts, law enforcement agencies, community15 based programs, and other entities, in order to ensure 

16 that such entities have the capacity to and will iden17 tify, assess, and respond appropriately to— 

18 ‘‘(A) domestic violence or dating violence in 

19 homes where children are present and may be ex20 posed to the violence; 

21 ‘‘(B) domestic violence or dating violence in 

22 child protection cases; and 

23 ‘‘(C) the needs of both the child and non24 abusing parent; 
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1 ‘‘(2) establish and implement policies, proce2 dures, programs, and practices for child welfare agen3 cies, domestic violence victim service providers, courts, 

4 law enforcement agencies, and other entities, that are 

5 consistent with the principles of protecting and in6 creasing the immediate and long-term safety and well 

7 being of children and non-abusing parents and care8 takers; 

9 ‘‘(3) increase cooperation and enhance linkages 

10 between child welfare agencies, domestic violence vic11 tim service providers, courts, law enforcement agen12 cies, and other entities to provide more comprehensive 

13 community-based services (including health, mental 

14 health, social service, housing, and neighborhood re15 sources) to protect and to serve both child and adult 

16 victims; 

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

18 to domestic violence or dating violence in child pro19 tection cases and to child maltreatment when it co20 occurs with domestic violence or dating violence; 

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

22 and protocols that contribute to overrepresentation of 

23 racial and ethnic minorities in the court and child 

24 welfare system; and 
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1 ‘‘(6) provide appropriate referrals to community2 based programs and resources, such as health and 

3 mental health services, shelter and housing assistance 

4 for adult and youth victims and their children, legal 

5 assistance and advocacy for adult and youth victims, 

6 assistance for parents to help their children cope with 

7 the impact of exposure to domestic violence or dating 

8 violence and child maltreatment, appropriate inter9 vention and treatment for adult perpetrators of do10 mestic violence or dating violence whose children are 

11 the subjects of child protection cases, programs pro12 viding support and assistance to racial and ethnic 

13 populations, and other necessary supportive services. 

14 ‘‘(i) GRANTEE REQUIREMENTS.— 

15 ‘‘(1) APPLICATIONS.—Under this section, an en16 tity shall prepare and submit to the Secretary an ap17 plication at such time, in such manner, and con18 taining such information as the Secretary may re19 quire, consistent with the requirements described here20 in. The application shall— 

21 ‘‘(A) ensure that communities impacted by 

22 these systems or organizations are adequately 

23 represented in the development of the applica24 tion, the programs and activities to be under-
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1 taken, and that they have a significant role in 

2 evaluating the success of the project; 

3 ‘‘(B) describe how the training and collabo4 ration activities will enhance or ensure the safety 

5 and economic security of families where both 

6 child maltreatment and domestic violence or dat7 ing violence occurs by providing appropriate re8 sources, protection, and support to the victimized 

9 parents of such children and to the children 

10 themselves; and 

11 ‘‘(C) outline methods and means partici12 pating entities will use to ensure that all services 

13 are provided in a developmentally, linguistically 

14 and culturally competent manner and will uti15 lize community-based supports and resources. 

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

17 grant under this section, an entity shall be a collabo18 ration that— 

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

20 welfare agency or Indian Tribe; 

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

22 dating violence victim service provider; 

23 ‘‘(C) shall include a law enforcement agency 

24 or Bureau of Indian Affairs providing tribal law 

25 enforcement; 
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1 ‘‘(D) may include a court; and 

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

3 or private nonprofit organizations and faith4 based organizations, including community-based 

5 organizations, with the capacity to provide effec6 tive help to the child and adult victims served by 

7 the collaboration.’’. 

8 SEC. 304. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN 

9 ON CAMPUS. 

10 Section 826 of the Higher Education Amendments of 

11 1998 (20 U.S.C. 1152) is amended— 

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

13 following: ‘‘The Attorney General, through the Direc14 tor of the Office on Violence Against Women, shall 

15 award the grants in amounts of not more than 

16 $500,000 for individual institutions of higher edu17 cation and not more than $1,000,000 for consortia of 

18 such institutions.’’; 

19 (2) in subsection (b)— 

20 (A) in paragraph (2)— 

21 (i) by inserting ‘‘develop and imple22 ment campus policies, protocols, and serv23 ices that’’ after ‘‘boards to’’; and 

24 (ii) by adding at the end the following: 

25 ‘‘Within 90 days after the date of enactment 
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1 of the Violence Against Women Act of 2005, 

2 the Attorney General shall issue and make 

3 available minimum standards of training 

4 relating to violent crimes against women on 

5 campus, for all campus security personnel 

6 and personnel serving on campus discipli7 nary or judicial boards.’’; 

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

9 follows ‘‘strengthen’’ and inserting: ‘‘victim serv10 ices programs on the campuses of the institutions 

11 involved, including programs providing legal, 

12 medical, or psychological counseling, for victims 

13 of domestic violence, stalking, dating violence, or 

14 sexual assault, and to improve delivery of victim 

15 assistance on campus. To the extent practicable, 

16 such an institution shall collaborate with any 

17 entities carrying out nonprofit and other victim 

18 services programs, including sexual assault, do19 mestic violence, stalking, and dating violence vic20 tim services programs in the community in 

21 which the institution is located. If appropriate 

22 victim services programs are not available in the 

23 community or are not accessible to students, the 

24 institution shall, to the extent practicable, pro25 vide a victim services program on campus or 
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1 create a victim services program in collaboration 

2 with a community-based organization. The insti3 tution shall use not less than 20 percent of the 

4 funds made available through the grant for a 

5 victim services program provided in accordance 

6 with this paragraph.’’; 

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

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

9 and (10) as paragraphs (6), (7), and (8), respec10 tively; 

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

12 (2)(B) and inserting the following: 

13 ‘‘(B) include proof that the institution of 

14 higher education collaborated with a nonprofit, 

15 nongovernmental entities carrying out other vic16 tim services programs, including sexual assault, 

17 domestic violence, stalking, and dating violence 

18 victim services programs in the community in 

19 which the institution is located;’’; 

20 (4) in subsection (f), by striking the text and in21 serting the following: ‘‘In this section, the definitions 

22 and grant conditions provided in section 40002 of the 

23 Violence Against Women Act of 1994 shall apply.’’; 

24 and 

25 (5) in subsection (g), by— 
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1 (A) striking ‘‘$10,000,000’’ and inserting 

2 ‘‘$15,000,000’’; 

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

4 and 

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

6 SEC. 305. JUVENILE JUSTICE. 

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

8 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 

9 5633(a)) is amended— 

10 (1) in paragraph (7)(B)— 

11 (A) by redesignating clauses (i), (ii) and 

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

13 and 

14 (B) by inserting before clause (ii) the fol15 lowing: 

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

17 for the prevention and treatment of juvenile de18 linquency, including the types of such services 

19 available and the need for such services for fe20 males;’’. 

21 (b) USE OF FUNDS.—Section 223(a)(9) of the Juvenile 

22 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 

23 5633(a)(9)) is amended— 

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

25 the end; 
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1 (2) in subparagraph (S), by striking the period 

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

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

4 ‘‘(T) developing and adopting policies to 

5 prohibit disparate treatment of female juveniles 

6 in placement and treatment, and establishing 

7 gender-specific services to ensure that female ju8 veniles have access to the full range of health and 

9 mental health services, treatment for physical or 

10 sexual assault and abuse, education in par11 enting, education in general, and other training 

12 and vocational services.’’. 

13 SEC. 306. SAFE HAVENS. 

14 Section 1301 of the Victims of Trafficking and Violence 

15 Protection Act of 2000 (42 U.S.C. 10420) is amended— 

16 (1) by striking the section heading and inserting 

17 the following: 

18 ‘‘SEC. 10402. SAFE HAVENS FOR CHILDREN.’’; 

19 (2) in subsection (a)— 

20 (A) by inserting ‘‘, through the Director of 

21 the Office on Violence Against Women,’’ after 

22 ‘‘Attorney General’’; 

23 (B) by inserting ‘‘dating violence,’’ after 

24 ‘‘domestic violence,’’; 
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1 (C) by striking ‘‘to provide’’ and inserting 

2 the following: 

3 ‘‘(1) to provide’’; 

4 (D) by striking the period at the end and 

5 inserting a semicolon; and 

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

7 ‘‘(2) to protect children from the trauma of wit8 nessing domestic or dating violence or experiencing 

9 abduction, injury, or death during parent and child 

10 visitation exchanges; 

11 ‘‘(3) to protect parents or caretakers who are vic12 tims of domestic and dating violence from experi13 encing further violence, abuse, and threats during 

14 child visitation exchanges; and 

15 ‘‘(4) to protect children from the trauma of expe16 riencing sexual assault or other forms of physical as17 sault or abuse during parent and child visitation and 

18 visitation exchanges.’’; and 

19 (3) by striking subsection (e) and inserting the 

20 following: 

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

22 ‘‘(1) IN GENERAL.—There is authorized to be ap23 propriated to carry out this section, $20,000,000 for 

24 each of fiscal years 2006 through 2010. Funds appro-
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1 priated under this section shall remain available 

2 until expended. 

3 ‘‘(2) USE OF FUNDS.—Of the amounts appro4 priated to carry out this section for each fiscal year, 

5 the Attorney General shall— 

6 ‘‘(A) set aside not less than 7 percent for 

7 grants to Indian tribal governments or tribal or8 ganizations; 

9 ‘‘(B) use not more than 3 percent for eval10 uation, monitoring, site visits, grantee con11 ferences, and other administrative costs associ12 ated with conducting activities under this sec13 tion; and 

14 ‘‘(C) set aside not more than 8 percent for 

15 technical assistance and training to be provided 

16 by organizations having nationally recognized 

17 expertise in the design of safe and secure super18 vised visitation programs and visitation ex19 change of children in situations involving domes20 tic violence, dating violence, sexual assault, or 

21 stalking.’’. 
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1 TITLE IV—STRENGTHENING 

2 AMERICA’S FAMILIES BY PRE3 VENTING VIOLENCE 

4 SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND 

5 CHILDREN. 

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

7 1902 et seq.) is amended by adding at the end the following: 

8 ‘‘Subtitle M—Strengthening Amer9 ica’s Families by Preventing Vio10 lence Against Women and Chil11 dren 

12 ‘‘SEC. 41301. FINDINGS. 

13 ‘‘Congress finds that— 

14 ‘‘(1) the former United States Advisory Board on 

15 Child Abuse suggests that domestic violence may be 

16 the single major precursor to child abuse and neglect 

17 fatalities in this country; 

18 ‘‘(2) studies suggest that as many as 10,000,000 

19 children witness domestic violence every year; 

20 ‘‘(3) studies suggest that among children and 

21 teenagers, recent exposure to violence in the home was 

22 a significant factor in predicting a child’s violent be23 havior; 

24 ‘‘(4) a study by the Nurse-Family Partnership 

25 found that children whose parents did not participate 
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1 in home visitation programs that provided coaching 

2 in parenting skills, advice and support, were almost 

3 5 times more likely to be abused in their first 2 years 

4 of life; 

5 ‘‘(5) a child’s exposure to domestic violence seems 

6 to pose the greatest independent risk for being the vic7 tim of any act of partner violence as an adult; 

8 ‘‘(6) children exposed to domestic violence are 

9 more likely to believe that using violence is an effec10 tive means of getting one’s needs met and managing 

11 conflict in close relationships; 

12 ‘‘(7) children exposed to abusive parenting, harsh 

13 or erratic discipline, or domestic violence are at in14 creased risk for juvenile crime; and 

15 ‘‘(8) in a national survey of more than 6,000 

16 American families, 50 percent of men who frequently 

17 assaulted their wives also frequently abused their chil18 dren. 

19 ‘‘SEC. 41302. PURPOSE. 

20 ‘‘The purpose of this subtitle is to— 

21 ‘‘(1) prevent crimes involving violence against 

22 women, children, and youth; 

23 ‘‘(2) increase the resources and services available 

24 to prevent violence against women, children, and 

25 youth; 
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1 ‘‘(3) reduce the impact of exposure to violence in 

2 the lives of children and youth so that the 

3 intergenerational cycle of violence is interrupted; 

4 ‘‘(4) develop and implement education and serv5 ices programs to prevent children in vulnerable fami6 lies from becoming victims or perpetrators of domestic 

7 violence, dating violence, sexual assault, or stalking; 

8 ‘‘(5) promote programs to ensure that children 

9 and youth receive the assistance they need to end the 

10 cycle of violence and develop mutually respectful, non11 violent relationships; and 

12 ‘‘(6) encourage collaboration among community13 based organizations and governmental agencies serv14 ing children and youth, providers of health and men15 tal health services and providers of domestic violence, 

16 dating violence, sexual assault, and stalking victim 

17 services to prevent violence against women and chil18 dren. 

19 ‘‘SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EX20 POSED TO VIOLENCE. 

21 ‘‘(a) GRANTS AUTHORIZED.— 

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

23 through the Director of the Office on Violence Against 

24 Women, and in collaboration with the Department of 

25 Health and Human Services, is authorized to award 
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1 grants on a competitive basis to eligible entities for 

2 the purpose of mitigating the effects of domestic vio3 lence, dating violence, sexual assault, and stalking on 

4 children exposed to such violence, and reducing the 

5 risk of future victimization or perpetration of domes6 tic violence, dating violence, sexual assault, and stalk7 ing. 

8 ‘‘(2) TERM.—The Director shall make grants 

9 under this section for a period of 2 fiscal years. 

10 ‘‘(3) AWARD BASIS.—The Director shall award 

11 grants— 

12 ‘‘(A) considering the needs of underserved 

13 populations; 

14 ‘‘(B) awarding not less than 10 percent of 

15 such amounts to Indian tribes for the funding of 

16 tribal projects from the amounts made available 

17 under this section for a fiscal year; 

18 ‘‘(C) awarding up to 8 percent for the fund19 ing of technical assistance programs from the 

20 amounts made available under this section for a 

21 fiscal year; and 

22 ‘‘(D) awarding not less than 66 percent to 

23 programs described in subsection (c)(1) from the 

24 amounts made available under this section for a 

25 fiscal year. 
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $20,000,000 for each of fiscal years 2006 through 2010. 

4 ‘‘(c) USE OF FUNDS.—The funds appropriated under 

5 this section shall be used for— 

6 ‘‘(1) programs that provide services for children 

7 exposed to domestic violence, dating violence, sexual 

8 assault, or stalking, which may include direct coun9 seling, advocacy, or mentoring, and must include sup10 port for the nonabusing parent or the child’s care11 taker; or 

12 ‘‘(2) training, coordination, and advocacy for 

13 programs that serve children and youth (such as 

14 Head Start, child care, and after-school programs) on 

15 how to safely and confidentially identify children and 

16 families experiencing domestic violence and properly 

17 refer them to programs that can provide direct serv18 ices to the family and children, and coordination 

19 with other domestic violence or other programs serv20 ing children exposed to domestic violence, dating vio21 lence, sexual assault, or stalking that can provide the 

22 training and direct services referenced in this sub23 section. 

24 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive a 

25 grant under this section, an entity shall be a— 
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1 ‘‘(1) a victim service provider, tribal nonprofit 

2 organization or community-based organization that 

3 has a documented history of effective work concerning 

4 children or youth exposed to domestic violence, dating 

5 violence, sexual assault, or stalking, including pro6 grams that provide culturally specific services, Head 

7 Start, childcare, faith-based organizations, after 

8 school programs, and health and mental health pro9 viders; or 

10 ‘‘(2) a State, territorial, or tribal, or local unit 

11 of government agency that is partnered with an orga12 nization described in paragraph (1). 

13 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

14 an entity shall— 

15 ‘‘(1) prepare and submit to the Director an ap16 plication at such time, in such manner, and con17 taining such information as the Director may re18 quire; and 

19 ‘‘(2) at a minimum, describe in the application 

20 the policies and procedures that the entity has or will 

21 adopt to— 

22 ‘‘(A) enhance or ensure the safety and secu23 rity of children who have been or are being ex24 posed to violence and their nonabusing parent, 

25 enhance or ensure the safety and security of chil-
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1 dren and their nonabusing parent in homes al2 ready experiencing domestic violence, dating vio3 lence, sexual assault, or stalking; and 

4 ‘‘(B) ensure linguistically, culturally, and 

5 community relevant services for racial and eth6 nic, and other underserved communities. 

7 ‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 

8 PROGRAMS FOR HOME VISITATION 

9 PROJECTS. 

10 ‘‘(a) GRANTS AUTHORIZED.— 

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

12 through the Director of the Office on Violence Against 

13 Women, and in collaboration with the Department of 

14 Health and Human Services, shall award grants on 

15 a competitive basis to home visitation programs, in 

16 collaboration with victim service providers, for the 

17 purposes of developing and implementing model poli18 cies and procedures to train home visitation service 

19 providers on addressing domestic violence, dating vio20 lence, sexual assault, and stalking in families experi21 encing violence, or at risk of violence, to reduce the 

22 impact of that violence on children, maintain safety, 

23 improve parenting skills, and break intergenerational 

24 cycles of violence. 
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1 ‘‘(2) TERM.—The Director shall make the grants 

2 under this section for a period of 2 fiscal years. 

3 ‘‘(3) AWARD BASIS.—The Director shall— 

4 ‘‘(A) consider the needs of underserved pop5 ulations; 

6 ‘‘(B) award not less than 7 percent of such 

7 amounts for the funding of tribal projects from 

8 the amounts made available under this section 

9 for a fiscal year; and 

10 ‘‘(C) award up to 8 percent for the funding 

11 of technical assistance programs from the 

12 amounts made available under this section for a 

13 fiscal year. 

14 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $7,000,000 for each of fiscal years 2006 through 2010. 

17 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a 

18 grant under this section, an entity shall be a national, Fed19 eral, State, local, territorial, or tribal— 

20 ‘‘(1) home visitation program that provides serv21 ices to pregnant women and to young children and 

22 their parent or primary caregiver that are provided 

23 in the permanent or temporary residence or in other 

24 familiar surroundings of the individual or family re25 ceiving such services; or 
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1 ‘‘(2) victim services organization or agency in 

2 collaboration with an organization or organizations 

3 listed in paragraph (1). 

4 ‘‘(d) 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) describe in the application the policies and 

11 procedures that the entity has or will adopt to— 

12 ‘‘(A) enhance or ensure the safety and secu13 rity of children and their nonabusing parent in 

14 homes already experiencing domestic violence, 

15 dating violence, sexual assault, or stalking; 

16 ‘‘(B) ensure linguistically, culturally, and 

17 community relevant services for racial and eth18 nic and other underserved communities; 

19 ‘‘(C) ensure the adequate training by do20 mestic violence, dating violence, sexual assault or 

21 stalking victim service providers of home visita22 tion grantee program staff to— 

23 ‘‘(i) safely screen for and/or recognize 

24 domestic violence, dating violence, sexual 

25 assault, and stalking; 
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1 ‘‘(ii) understand the impact of domes2 tic violence or sexual assault on children 

3 and protective actions taken by a non4 abusing parent or caretaker in response to 

5 violence against anyone in the household; 

6 and 

7 ‘‘(iii) link new parents with existing 

8 community resources in communities where 

9 resources exist; and 

10 ‘‘(D) ensure that relevant State and local 

11 domestic violence, dating violence, sexual assault, 

12 and stalking victim service providers and coali13 tions are aware of the efforts of organizations re14 ceiving grants under this section, and are in15 cluded as training partners, where possible. 

16 ‘‘SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING 

17 DOMESTIC VIOLENCE, DATING VIOLENCE, 

18 SEXUAL ASSAULT, AND STALKING. 

19 ‘‘(a) GRANTS AUTHORIZED.— 

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

21 through the Director of the Office on Violence Against 

22 Women, and in collaboration with the Department of 

23 Health and Human Services, shall award grants on 

24 a competitive basis to eligible entities for the purpose 

25 of developing or enhancing programs related to engag-
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1 ing men and youth in preventing domestic violence, 

2 dating violence, sexual assault, and stalking by help3 ing them to develop mutually respectful, nonviolent 

4 relationships. 

5 ‘‘(2) TERM.—The Director shall make grants 

6 under this section for a period of 2 fiscal years. 

7 ‘‘(3) AWARD BASIS.—The Director shall award 

8 grants— 

9 ‘‘(A) considering the needs of racial and 

10 ethnic and other underserved populations; 

11 ‘‘(B) awarding not less than 10 percent of 

12 such amounts for the funding of Indian tribes 

13 from the amounts made available under this sec14 tion for a fiscal year; and 

15 ‘‘(C) awarding up to 8 percent for the fund16 ing of technical assistance for grantees and non17 grantees working in this area from the amounts 

18 made available under this section for a fiscal 

19 year. 

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to carry out this section 

22 $10,000,000 for each of fiscal years 2006 through 2010. 

23 ‘‘(c) USE OF FUNDS.— 

24 ‘‘(1) PROGRAMS.—The funds appropriated under 

25 this section shall be used by eligible entities— 
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1 ‘‘(A) to develop or enhance community2 based programs, including gender-specific pro3 grams in accordance with applicable laws that— 

4 ‘‘(i) encourage children and youth to 

5 pursue nonviolent relationships and reduce 

6 their risk of becoming victims or perpetra7 tors of domestic violence, dating violence, 

8 sexual assault, or stalking; and 

9 ‘‘(ii) that include at a minimum— 

10 ‘‘(I) information on domestic vio11 lence, dating violence, sexual assault, 

12 stalking, or child sexual abuse and how 

13 they affect children and youth; and 

14 ‘‘(II) strategies to help partici15 pants be as safe as possible; or 

16 ‘‘(B) to create public education campaigns 

17 and community organizing to encourage men 

18 and boys to work as allies with women and girls 

19 to prevent violence against women and girls con20 ducted by entities that have experience in con21 ducting public education campaigns that address 

22 domestic violence, dating violence, sexual assault, 

23 or stalking. 
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1 ‘‘(2) MEDIA LIMITS.—No more than 40 percent 

2 of funds received by a grantee under this section may 

3 be used to create and distribute media materials. 

4 ‘‘(d) ELIGIBLE ENTITIES.— 

5 ‘‘(1) RELATIONSHIPS.—Eligible entities under 

6 subsection (c)(1)(A) are— 

7 ‘‘(A) nonprofit, nongovernmental domestic 

8 violence, dating violence, sexual assault, or stalk9 ing victim service providers or coalitions; 

10 ‘‘(B) community-based child or youth serv11 ices organizations with demonstrated experience 

12 and expertise in addressing the needs and con13 cerns of young people; 

14 ‘‘(C) a State, territorial, tribal, or unit of 

15 local governmental entity that is partnered with 

16 an organization described in subparagraph (A) 

17 or (B); or 

18 ‘‘(D) a program that provides culturally 

19 specific services. 

20 ‘‘(2) AWARENESS CAMPAIGN.—Eligible entities 

21 under subsection (c)(1)(B) are— 

22 ‘‘(A) nonprofit, nongovernmental organiza23 tions or coalitions that have a documented his24 tory of creating and administering effective pub25 lic education campaigns addressing the preven-
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1 tion of domestic violence, dating violence, sexual 

2 assault or stalking; or 

3 ‘‘(B) a State, territorial, tribal, or unit of 

4 local governmental entity that is partnered with 

5 an organization described in subparagraph (A). 

6 ‘‘(e) GRANTEE REQUIREMENTS.—Under this section, 

7 an entity shall— 

8 ‘‘(1) prepare and submit to the Director an ap9 plication at such time, in such manner, and con10 taining such information as the Director may re11 quire; and 

12 ‘‘(2) eligible entities pursuant to subsection 

13 (c)(1)(A) shall describe in the application the policies 

14 and procedures that the entity has or will adopt to— 

15 ‘‘(A) enhance or ensure the safety and secu16 rity of children and youth already experiencing 

17 domestic violence, dating violence, sexual assault, 

18 or stalking in their lives; 

19 ‘‘(B) ensure linguistically, culturally, and 

20 community relevant services for racial and eth21 nic, and other underserved communities; 

22 ‘‘(C) inform participants about laws, serv23 ices, and resources in the community, and make 

24 referrals as appropriate; and 
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1 ‘‘(D) ensure that State and local domestic 

2 violence, dating violence, sexual assault, and 

3 stalking victim service providers and coalitions 

4 are aware of the efforts of organizations receiving 

5 grants under this section.’’. 

6 SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DIS7 EASE CONTROL AND PREVENTION. 

8 (a) PURPOSES.—The Secretary of Health and Human 

9 Services acting through the National Center for Injury Pre10 vention and Control at the Centers for Disease Control Pre11 vention shall make grants to entities, including domestic 

12 and sexual assault coalitions and programs, research orga13 nizations, tribal organizations, and academic institutions 

14 to support research to examine prevention and intervention 

15 programs to further the understanding of sexual and domes16 tic violence by and against adults, youth, and children. 

17 (b) USE OF FUNDS.—The research conducted under 

18 this section shall include evaluation and study of best prac19 tices for reducing and preventing violence against women 

20 and children addressed by the strategies included in De21 partment of Health and Human Services-related provisions 

22 this title, including strategies addressing racial, ethnic, and 

23 other underserved communities. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 shall be authorized to be appropriated to carry out this title 

3 $2,000,000 for each of the fiscal years 2006 through 2010. 

4 TITLE V—STRENGTHENING THE 

5 HEALTHCARE SYSTEM’S RE6 SPONSE TO DOMESTIC VIO7 LENCE, DATING VIOLENCE, 

8 SEXUAL ASSAULT, AND 

9 STALKING 

10 SEC. 501. FINDINGS. 

11 Congress makes the following findings: 

12 (1) The health-related costs of intimate partner 

13 violence in the United States exceed $5,800,000,000 

14 annually. 

15 (2) Thirty-seven percent of all women who 

16 sought care in hospital emergency rooms for violence17 related injuries were injured by a current or former 

18 spouse, boyfriend, or girlfriend. 

19 (3) In addition to injuries sustained during vio20 lent episodes, physical and psychological abuse is 

21 linked to a number of adverse physical and mental 

22 health effects. Women who have been abused are much 

23 more likely to suffer from chronic pain, diabetes, de24 pression, unintended pregnancies, substance abuse 
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1 and sexually transmitted infections, including HIV/ 

2 AIDS. 

3 (4) Health plans spend an average of $1,775 

4 more a year on abused women than on general enroll5 ees. 

6 (5) Each year about 324,000 pregnant women in 

7 the United States are battered by the men in their 

8 lives. This battering leads to complications of preg9 nancy, including low weight gain, anemia, infections, 

10 and first and second trimester bleeding. 

11 (6) Pregnant and recently pregnant women are 

12 more likely to be victims of homicide than to die of 

13 any other pregnancy-related cause, and evidence ex14 ists that a significant proportion of all female homi15 cide victims are killed by their intimate partners. 

16 (7) Children who witness domestic violence are 

17 more likely to exhibit behavioral and physical health 

18 problems including depression, anxiety, and violence 

19 towards peers. They are also more likely to attempt 

20 suicide, abuse drugs and alcohol, run away from 

21 home, engage in teenage prostitution, and commit 

22 sexual assault crimes. 

23 (8) Recent research suggests that women experi24 encing domestic violence significantly increase their 

25 safety-promoting behaviors over the short- and long- 
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1 term when health care providers screen for, identify, 

2 and provide followup care and information to address 

3 the violence. 

4 (9) Currently, only about 10 percent of primary 

5 care physicians routinely screen for intimate partner 

6 abuse during new patient visits and 9 percent rou7 tinely screen for intimate partner abuse during peri8 odic checkups. 

9 (10) Recent clinical studies have proven the effec10 tiveness of a 2-minute screening for early detection of 

11 abuse of pregnant women. Additional longitudinal 

12 studies have tested a 10-minute intervention that was 

13 proven highly effective in increasing the safety of 

14 pregnant abused women. Comparable research does 

15 not yet exist to support the effectiveness of screening 

16 men. 

17 (11) Seventy to 81 percent of the patients studied 

18 reported that they would like their healthcare pro19 viders to ask them privately about intimate partner 

20 violence. 

21 SEC. 502. PURPOSE. 

22 It is the purpose of this title to improve the health care 

23 system’s response to domestic violence, dating violence, sex24 ual assault, and stalking through the training and edu25 cation of health care providers, developing comprehensive 
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1 public health responses to violence against women and chil2 dren, increasing the number of women properly screened, 

3 identified, and treated for lifetime exposure to violence, and 

4 expanding research on effective interventions in the health 

5 care setting. 

6 SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFES7 SIONALS IN DOMESTIC AND SEXUAL VIO8 LENCE. 

9 Part D of title VII of the Public Health Service Act 

10 (42 U.S.C. 294 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION 

13 ON DOMESTIC VIOLENCE AND OTHER TYPES 

14 OF VIOLENCE AND ABUSE. 

15 ‘‘(a) GRANTS.—The Secretary, acting through the Di16 rector of the Health Resources and Services Administration, 

17 shall award grants under this section to develop inter18 disciplinary training and education programs that provide 

19 undergraduate, graduate, post-graduate medical, nursing 

20 (including advanced practice nursing students), and other 

21 health professions students with an understanding of, and 

22 clinical skills pertinent to, domestic violence, sexual assault, 

23 stalking, and dating violence. 

24 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

25 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 ap4 plication 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 program 

11 in public health, dentistry, social work, mid12 wifery, or behavioral and mental health; 

13 ‘‘(B) strategies for the dissemination and 

14 sharing of curricula and other educational mate15 rials 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 assault, 

23 dating violence, and stalking for services pro24 vided under the program carried out under the 

25 grant. 
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1 ‘‘(c) USE OF FUNDS.— 

2 ‘‘(1) REQUIRED USES.—Amounts provided under 

3 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 address 

17 health issues related to domestic violence, sexual 

18 assault, dating violence, and stalking, along with 

19 other forms of violence as appropriate, and in20 clude the primacy of victim safety and confiden21 tiality. 

22 ‘‘(2) PERMISSIVE USES.—Amounts provided 

23 under a grant under this section may be used to— 

24 ‘‘(A) offer community-based training oppor25 tunities in rural areas for medical, nursing, and 
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•S 1197 RS 

1 other students and residents on domestic vio2 lence, sexual assault, stalking, and dating vio3 lence, and other forms of violence and abuse, 

4 which may include the use of distance learning 

5 networks and other available technologies needed 

6 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 nec10 essary to promote and enable their participation 

11 in clerkships, preceptorships, or other offsite 

12 training experiences that are designed to develop 

13 health care clinical skills related to domestic vio14 lence, sexual assault, dating violence, and stalk15 ing. 

16 ‘‘(3) REQUIREMENTS.— 

17 ‘‘(A) CONFIDENTIALITY AND SAFETY.— 

18 Grantees under this section shall ensure that all 

19 educational programs developed with grant funds 

20 address issues of confidentiality and patient safe21 ty, and that faculty and staff associated with de22 livering educational components are fully 

23 trained in procedures that will protect the imme24 diate and ongoing security of the patients, pa25 tient 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 grant5 ees 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 of 

16 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 this 

22 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 is 

7 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 Con23 trol and Prevention, shall award grants to eligible 

24 State, tribal, territorial, or local entities to strengthen 

25 the response of State, tribal, territorial, or local health 
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1 care systems to domestic violence, dating violence, sex2 ual 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 the 

22 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, and 

2 information as the Secretary determines to be 

3 necessary to carry out the purposes for which the 

4 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 domestic 

11 violence, dating violence, sexual assault or stalk12 ing and health care organizations. 

13 ‘‘(3) DURATION.—A program conducted under a 

14 grant awarded under this section shall not exceed 2 

15 years. 

16 ‘‘(b) USE OF FUNDS.— 

17 ‘‘(1) IN GENERAL.—An entity shall use amounts 

18 received under a grant under this section to design 

19 and implement comprehensive strategies to improve 

20 the response of the health care system involved to do21 mestic or sexual violence in clinical and public health 

22 settings, hospitals, clinics, managed care settings (in23 cluding behavioral and mental health), and other 

24 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 domestic 

8 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 domes8 tic violence, dating violence, sexual violence, or 

9 stalking. 

10 ‘‘(3) PERMISSIVE STRATEGIES.—Strategies im11 plemented under paragraph (1) may include the fol12 lowing: 

13 ‘‘(A) Where appropriate, the development of 

14 training modules and policies that address the 

15 overlap of child abuse, domestic violence, dating 

16 violence, sexual assault, and stalking and elder 

17 abuse as well as childhood exposure to domestic 

18 violence. 

19 ‘‘(B) The creation, adaptation, and imple20 mentation of public education campaigns for pa21 tients concerning domestic violence, dating vio22 lence, sexual assault, and stalking prevention. 

23 ‘‘(C) The development, adaptation, and dis24 semination of domestic violence, dating violence, 

25 sexual assault, and stalking education materials 
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1 to patients and health care professionals and be2 havioral 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 into 

11 health care accreditation and professional licens12 ing examinations, such as medical, dental, social 

13 work, and nursing boards. 

14 ‘‘(c) ALLOCATION OF FUNDS.—Funds appropriated 

15 under this section shall be distributed equally between State 

16 and local programs. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to award grants under this 

19 section, $5,000,000 for each of fiscal years 2006 through 

20 2010.’’. 

21 SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN 

22 THE HEALTHCARE SETTING. 

23 Subtitle B of the Violence Against Women Act of 1994 

24 (Public Law 103–322; 108 Stat. 1902 et seq.), as amended 

25 by the Violence Against Women Act of 2000 (114 Stat. 1491 
409 

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1 et seq.), and as amended by this Act, is further amended 

2 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 Di9 rector of the Centers for Disease Control and Prevention 

10 and the Director of the Agency for Healthcare Research and 

11 Quality, shall award grants and contracts to fund research 

12 on effective interventions in the health care setting that pre13 vent domestic violence, dating violence, and sexual assault 

14 across the lifespan and that prevent the health effects of such 

15 violence and improve the safety and health of individuals 

16 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 Centers 

21 for Disease Control and Prevention— 

22 ‘‘(A) research on the effects of domestic vio23 lence, dating violence, sexual assault, and child24 hood exposure to domestic, dating, or sexual vio25 lence, on health behaviors, health conditions, and 
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1 the health status of individuals, families, and 

2 populations; and 

3 ‘‘(B) research and testing of best messages 

4 and strategies to mobilize public and health care 

5 provider action concerning the prevention of do6 mestic, dating, or sexual violence; and 

7 ‘‘(2) With respect to the authority of the Agency 

8 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, dat12 ing violence, and childhood exposure to domestic 

13 and dating violence, sexual violence and stalking 

14 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 399O 

23 of the Public Health Service Act. 
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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 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 OPPORTUNI5 TIES 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 Domestic 

16 Violence, Dating Violence, Sex17 ual Assault, and Stalking 

18 ‘‘SEC. 41401. FINDINGS. 

19 ‘‘Congress finds that: 

20 ‘‘(1) There is a strong link between domestic vio21 lence 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, 60 

2 percent had been abused by age 12, and 63 percent 

3 have been victims of intimate partner violence as 

4 adults. 

5 ‘‘(3) Women and families across the country are 

6 being discriminated against, denied access to, and 

7 even evicted from public and subsidized housing be8 cause of their status as victims of domestic violence. 

9 ‘‘(4) A recent survey of legal service providers 

10 around the country found that these providers have 

11 responded to almost 150 documented eviction cases in 

12 the last year alone where the tenant was evicted be13 cause of the domestic violence crimes committed 

14 against her. In addition, nearly 100 clients were de15 nied housing because of their status as victims of do16 mestic violence. 

17 ‘‘(5) Women who leave their abusers frequently 

18 lack adequate emergency shelter options. The lack of 

19 adequate emergency options for victims presents a se20 rious threat to their safety and the safety of their chil21 dren. Requests for emergency shelter by homeless 

22 women with children increased by 78 percent of 

23 United States cities surveyed in 2004. In the same 

24 year, 32 percent of the requests for shelter by homeless 
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1 families went unmet due to the lack of available emer2 gency shelter beds. 

3 ‘‘(6) The average stay at an emergency shelter is 

4 60 days, while the average length of time it takes a 

5 homeless family to secure housing is 6 to 10 months. 

6 ‘‘(7) Victims of domestic violence often return to 

7 abusive partners because they cannot find long-term 

8 housing. 

9 ‘‘(8) There are not enough Federal housing rent 

10 vouchers available to accommodate the number of peo11 ple in need of long-term housing. Some people remain 

12 on the waiting list for Federal housing rent vouchers 

13 for years, while some lists are closed. 

14 ‘‘(9) Transitional housing resources and services 

15 provide an essential continuum between emergency 

16 shelter provision and independent living. A majority 

17 of women in transitional housing programs stated 

18 that had these programs not existed, they would have 

19 likely gone back to abusive partners. 

20 ‘‘(10) Because abusers frequently manipulate fi21 nances in an effort to control their partners, victims 

22 often lack steady income, credit history, landlord ref23 erences, and a current address, all of which are nec24 essary to obtain long-term permanent housing. 
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1 ‘‘(11) Victims of domestic violence in rural areas 

2 face additional barriers, challenges, and unique cir3 cumstances, such as geographical isolation, poverty, 

4 lack of public transportation systems, shortages of 

5 health care providers, under-insurance or lack of 

6 health insurance, difficulty ensuring confidentiality 

7 in small communities, and decreased access to many 

8 resources (such as advanced education, job opportuni9 ties, 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 vio17 lence, dating violence, sexual assault, and stalking, and to 

18 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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•S 1197 RS 

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 pro9 viders, and housing agencies to provide appropriate 

10 services, interventions, and training to address the 

11 housing needs of victims of domestic violence, dating 

12 violence, sexual assault, and stalking; and 

13 ‘‘(4) enabling public and assisted housing agen14 cies, tribally designated housing entities, private 

15 landlords, property management companies, and 

16 other housing providers and agencies to respond ap17 propriately to domestic violence, dating violence, sex18 ual assault, and stalking, while maintaining a safe 

19 environment for all housing residents. 

20 ‘‘SEC. 41403. DEFINITIONS. 

21 ‘‘For purposes of this subtitle— 

22 ‘‘(1) the term ‘assisted housing’ means housing 

23 assisted— 

24 ‘‘(A) under sections 213, 220, 221(d)(3), 

25 221(d)(4), 223(e), 231, or 236 of the National 
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•S 1197 RS 

1 Housing Act (12 U.S.C. 1715l(d)(3), (d)(4), or 

2 1715z–1); 

3 ‘‘(B) under section 101 of the Housing and 

4 Urban Development Act of 1965 (12 U.S.C. 

5 1701s); 

6 ‘‘(C) under section 202 of the Housing Act 

7 of 1959 (12 U.S.C. 1701q); 

8 ‘‘(D) under section 811 of the Cranston9 Gonzales National Affordable Housing Act (42 

10 U.S.C. 8013); 

11 ‘‘(E) under title II of the Cranston-Gonzales 

12 National Affordable Housing Act (42 U.S.C. 

13 12701 et seq.); 

14 ‘‘(F) under subtitle D of title VIII of the 

15 Cranston-Gonzalez National Affordable Housing 

16 Act (42 U.S.C. 12901 et seq.); 

17 ‘‘(G) under title I of the Housing and Com18 munity Development Act of 1974 (42 U.S.C. 

19 5301 et seq.); or 

20 ‘‘(H) under section 8 of the United States 

21 Housing Act of 1937 (42 U.S.C. 1437f); 

22 ‘‘(2) the term ‘continuum of care’ means a com23 munity plan developed to organize and deliver hous24 ing and services to meet the specific needs of people 
417 

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1 who are homeless as they move to stable housing and 

2 achieve maximum self-sufficiency; 

3 ‘‘(3) the term ‘Indian housing’ means housing 

4 assistance described in the Native American Housing 

5 Assistance and Self-Determination Act of 1996 (25 

6 U.S.C. 4101 et seq.); 

7 ‘‘(4) the term ‘low-income housing assistance 

8 voucher’ means housing assistance described in section 

9 8 of the United States Housing Act of 1937 (42 

10 U.S.C. 1437f); 

11 ‘‘(5) the term ‘public housing’ means housing de12 scribed in section 3(b)(1) of the United States Hous13 ing Act of 1937 (42 U.S.C. 1437a(b)(1)); 

14 ‘‘(6) the term ‘public housing agency’ means an 

15 agency described in section 3(b)(6) of the United 

16 States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)); 

17 ‘‘(7) the terms ‘homeless’, ‘homeless individual’, 

18 and ‘homeless person’— 

19 ‘‘(A) mean an individual who lacks a fixed, 

20 regular, and adequate nighttime residence; and 

21 ‘‘(B) includes— 

22 ‘‘(i) an individual who— 

23 ‘‘(I) is sharing the housing of 

24 other persons due to loss of housing, 
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•S 1197 RS 

1 economic hardship, or a similar rea2 son; 

3 ‘‘(II) is living in a motel, hotel, 

4 trailer park, or campground due to the 

5 lack of alternative adequate accom6 modations; 

7 ‘‘(III) is living in an emergency 

8 or transitional shelter; 

9 ‘‘(IV) is abandoned in a hospital; 

10 or 

11 ‘‘(V) is awaiting foster care place12 ment; 

13 ‘‘(ii) an individual who has a primary 

14 nighttime residence that is a public or pri15 vate place not designed for or ordinarily 

16 used as a regular sleeping accommodation 

17 for human beings; or 

18 ‘‘(iii) migratory children (as defined 

19 in section 1309 of the Elementary and Sec20 ondary Education Act of 1965; 20 U.S.C. 

21 6399) who qualify as homeless under this 

22 section because the children are living in 

23 circumstances described in this paragraph; 

24 and 
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•S 1197 RS 

1 ‘‘(8) the term ‘homeless service provider’ means 

2 a nonprofit, nongovernmental homeless service pro3 vider, such as a homeless shelter, a homeless service or 

4 advocacy program, a tribal organization serving 

5 homeless individuals, or coalition or other nonprofit, 

6 nongovernmental organization carrying out a com7 munity-based homeless or housing program that has 

8 a documented history of effective work concerning 

9 homelessness. 

10 ‘‘SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG11 TERM HOUSING FOR VICTIMS. 

12 ‘‘(a) GRANTS AUTHORIZED.— 

13 ‘‘(1) IN GENERAL.—The Secretary of Health and 

14 Human Services, in consultation with the Secretary 

15 of Housing and Urban Development, shall award 

16 grants and contracts for a period of not less than 2 

17 years to eligible entities to develop long-term housing 

18 options for adult and youth victims of domestic vio19 lence, dating violence, sexual assault, and stalking 

20 who are currently homeless or at risk for becoming 

21 homeless. 

22 ‘‘(2) AMOUNT.—The Secretary of Health and 

23 Human Services shall award— 

24 ‘‘(A) grants for projects that do not include 

25 the cost of construction in amounts— 
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•S 1197 RS 

1 ‘‘(i) not less than $25,000 per year; 

2 and 

3 ‘‘(ii) not more than $350,000 per year; 

4 and 

5 ‘‘(B) grants for projects that do include the 

6 cost of construction in amounts— 

7 ‘‘(i) not less than $75,000 per year; 

8 and 

9 ‘‘(ii) not more than $1,000,000 per 

10 year. 

11 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a 

12 grant under this section, an entity shall demonstrate that 

13 it is a coalition or partnership, applying jointly, that— 

14 ‘‘(1) shall include a domestic violence victim 

15 service provider; 

16 ‘‘(2) shall include— 

17 ‘‘(A) a homeless service provider; 

18 ‘‘(B) a nonprofit, nongovernmental commu19 nity housing development organization or a De20 partment of Agriculture rural housing service 

21 program; or 

22 ‘‘(C) in the absence of a homeless service 

23 provider on tribal lands or nonprofit, nongovern24 mental community housing development organi-
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•S 1197 RS 

1 zation on tribal lands, a tribally designated 

2 housing entity or tribal housing consortium; 

3 ‘‘(3) may include a dating violence, sexual as4 sault, or stalking victim service provider; 

5 ‘‘(4) may include housing developers, housing 

6 corporations, State housing finance agencies, other 

7 housing agencies, and associations representing land8 lords; 

9 ‘‘(5) may include a public housing agency or 

10 tribally designated housing entity; 

11 ‘‘(6) may include tenant organizations in public 

12 or Tribally designated housing, as well as nonprofit, 

13 nongovernmental tenant organizations; 

14 ‘‘(7) may include other nonprofit, nongovern15 mental organizations participating in the Depart16 ment of Housing and Urban Development’s Con17 tinuum of Care process; 

18 ‘‘(8) may include a State, tribal, territorial, or 

19 local government or government agency; and 

20 ‘‘(9) may include any other such agencies or 

21 nonprofit, nongovernmental organizations with the 

22 capacity to provide effective help to adult and youth 

23 victims of domestic violence, dating violence, sexual 

24 assault, or stalking. 

25 ‘‘(c) APPLICATION.— 
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•S 1197 RS 

1 ‘‘(1) IN GENERAL.—Each eligible entity seeking 

2 a grant under this section shall submit an applica3 tion to the Secretary of Health and Human Services 

4 at such time, in such manner, and containing such 

5 information as the Secretary of Health and Human 

6 Services may require. 

7 ‘‘(2) CONTENTS.—Each application shall be sub8 mitted to the Secretary at such time, in such manner, 

9 and containing such information as the Secretary 

10 may require. 

11 ‘‘(d) USE OF FUNDS.—Grants and contracts awarded 

12 to eligible entities pursuant to subsection (a) shall be used 

13 to design or replicate and implement new activities, serv14 ices, and programs to develop long-term housing options for 

15 adult and youth victims of domestic violence, dating vio16 lence, sexual assault, or stalking, and their dependents, who 

17 are currently homeless or at risk of becoming homeless. Such 

18 activities, services, or programs— 

19 ‘‘(1) shall participate in the Department of 

20 Housing and Urban Development’s Continuum of 

21 Care process, unless such a process does not exist in 

22 the community to be served; 

23 ‘‘(2) shall develop sustainable long-term housing 

24 in the community by— 
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•S 1197 RS 

1 ‘‘(A) coordinating efforts and resources 

2 among the various groups and organizations 

3 comprised in the entity to access existing private 

4 and public funding; 

5 ‘‘(B) placing individuals and families in 

6 long-term housing; and 

7 ‘‘(C) providing services to help individuals 

8 or families find and maintain long-term hous9 ing, including financial assistance and support 

10 services; 

11 ‘‘(3) may provide capital costs for the purchase, 

12 preconstruction, construction, renovation, repair, or 

13 conversion of affordable housing units; 

14 ‘‘(4) may use funds for the continuing operation, 

15 upkeep, maintenance, and use of housing described in 

16 paragraph (3); and 

17 ‘‘(5) may provide to the community information 

18 about housing and housing programs, and the process 

19 to locate and obtain long-term housing. 

20 ‘‘(e) UNDERSERVED POPULATIONS AND PRIORITIES.— 

21 In awarding grants under this section, the Secretary of 

22 Health and Human Services shall— 

23 ‘‘(1) give priority to linguistically and culturally 

24 specific services; 
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•S 1197 RS 

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 ‘‘(f) DEFINITIONS.—For purposes of this section— 

8 ‘‘(1) the term ‘long-term housing’ means housing 

9 that is sustainable, accessible, affordable, and safe for 

10 the foreseeable future and is— 

11 ‘‘(A) rented or owned by the individual; 

12 ‘‘(B) subsidized by a voucher or other pro13 gram which is not time-limited and is available 

14 for as long as the individual meets the eligibility 

15 requirements for the voucher or program; or 

16 ‘‘(C) provided directly by a program, agen17 cy, or organization and is not time-limited and 

18 is available for as long as the individual meets 

19 the eligibility requirements for the program, 

20 agency, or organization; and 

21 ‘‘(2) the term ‘affordable housing’ means housing 

22 that complies with the conditions set forth in section 

23 215 of the Cranston-Gonzalez National Affordable 

24 Housing Act (42 U.S.C. 12745). 
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•S 1197 RS 

1 ‘‘(g) EVALUATION, MONITORING, ADMINISTRATION, 

2 AND TECHNICAL ASSISTANCE.—For purposes of this sec3 tion— 

4 ‘‘(1) up to 3 percent of the funds appropriated 

5 under subsection (h) for each fiscal year may be used 

6 by the Secretary of Health and Human Services for 

7 evaluation, monitoring, and administration costs 

8 under this section; and 

9 ‘‘(2) up to 8 percent of the funds appropriated 

10 under subsection (h) for each fiscal year may be used 

11 to provide technical assistance to grantees under this 

12 section. 

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

14 are authorized to be appropriated $10,000,000 for each of 

15 fiscal years 2006 through 2010 to carry out the provisions 

16 of this section. 

17 ‘‘SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST 

18 WOMEN IN PUBLIC AND ASSISTED HOUSING. 

19 ‘‘(a) PURPOSE.—It is the purpose of this section to as20 sist eligible grantees in responding appropriately to domes21 tic violence, dating violence, sexual assault, and stalking 

22 so that the status of being a victim of such a crime is not 

23 a reason for the denial or loss of housing. Such assistance 

24 shall be accomplished through— 

25 ‘‘(1) education and training of eligible entities; 
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•S 1197 RS 

1 ‘‘(2) development and implementation of appro2 priate housing policies and practices; 

3 ‘‘(3) enhancement of collaboration with victim 

4 service providers and tenant organizations; and 

5 ‘‘(4) reduction of the number of victims of such 

6 crimes who are evicted or denied housing because of 

7 crimes and lease violations committed or directly 

8 caused by the perpetrators of such crimes. 

9 ‘‘(b) GRANTS AUTHORIZED.— 

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

11 through the Director of the Violence Against Women 

12 Office of the Department of Justice (‘Director’), and 

13 in consultation with the Secretary of Housing and 

14 Urban Development (‘Secretary’), and the Secretary 

15 of Health and Human Services, acting through the 

16 Administration for Children, Youth and Families 

17 (‘ACYF’), shall award grants and contracts for not 

18 less than 2 years to eligible grantees to promote the 

19 full and equal access to and use of housing by adult 

20 and youth victims of domestic violence, dating vio21 lence, sexual assault, and stalking. 

22 ‘‘(2) AMOUNTS.—Not less than 15 percent of the 

23 funds appropriated to carry out this section shall be 

24 available for grants to tribally designated housing en25 tities. 
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•S 1197 RS 

1 ‘‘(3) AWARD BASIS.—The Attorney General shall 

2 award grants and contracts under this section on a 

3 competitive basis. 

4 ‘‘(4) LIMITATION.—Appropriated funds may 

5 only be used for the purposes described in subsection 

6 (f). 

7 ‘‘(c) ELIGIBLE GRANTEES.— 

8 ‘‘(1) IN GENERAL.—Eligible grantees are— 

9 ‘‘(A) public housing agencies; 

10 ‘‘(B) principally managed public housing 

11 resident management corporations, as deter12 mined by the Secretary; 

13 ‘‘(C) public housing projects owned by pub14 lic housing agencies; 

15 ‘‘(D) agencies and authorities receiving as16 sistance under the Native American Housing As17 sistance and Self-Determination Act of 1996 (25 

18 U.S.C. 4101 et seq.); and 

19 ‘‘(E) private, for-profit, and nonprofit own20 ers or managers of assisted housing. 

21 ‘‘(2) SUBMISSION REQUIRED FOR ALL GRANT22 EES.—To receive assistance under this section, an eli23 gible grantee shall certify that— 

24 ‘‘(A) its policies and practices do not pro25 hibit or limit a resident’s right to summon police 
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1 or other emergency assistance in response to do2 mestic violence, dating violence, sexual assault, 

3 or stalking; 

4 ‘‘(B) programs and services are developed 

5 that give a preference in admission to adult and 

6 youth victims of such violence, consistent with 

7 local housing needs, and applicable law and the 

8 Secretary’s instructions; 

9 ‘‘(C) it does not discriminate against any 

10 person— 

11 ‘‘(i) because that person is or is per12 ceived to be, or has a family or household 

13 member who is or is perceived to be, a vic14 tim of such violence; or 

15 ‘‘(ii) because of the actions or threat16 ened actions of the individual who the vic17 tim, as certified in subsection (e), states has 

18 committed or threatened to commit acts of 

19 such violence against the victim, or against 

20 the victim’s family or household member; 

21 ‘‘(D) plans are developed that establish 

22 meaningful consultation and coordination with 

23 local victim service providers, tenant organiza24 tions, linguistically and culturally specific serv25 ice providers, State domestic violence and sexual 
429 

•S 1197 RS 

1 assault coalitions, and, where they exist, tribal 

2 domestic violence and sexual assault coalitions; 

3 and 

4 ‘‘(E) its policies and practices will be in 

5 compliance with those described in this para6 graph within the later of 1 year or a period se7 lected by the Attorney General in consultation 

8 with the Secretary and ACYF. 

9 ‘‘(d) APPLICATION.—Each eligible entity seeking a 

10 grant under this section shall submit an application to the 

11 Attorney General at such a time, in such a manner, and 

12 containing such information as the Attorney General may 

13 require. 

14 ‘‘(e) CERTIFICATION.— 

15 ‘‘(1) IN GENERAL.—A public housing agency, 

16 tribally designated housing entity, or assisted housing 

17 provider receiving funds under this section may re18 quest that an individual claiming relief under this 

19 section certify that the individual is a victim of do20 mestic violence, dating violence, sexual assault, or 

21 stalking. The individual shall provide a copy of such 

22 certification to the public housing agency, tribally 

23 designated housing entity, or assisted housing pro24 vider within a reasonable period of time after the 

25 agency or authority requests such certification. 
430 

•S 1197 RS 

1 ‘‘(2) CONTENTS.—An individual may satisfy the 

2 certification requirement of paragraph (1) by— 

3 ‘‘(A) providing the public housing agency, 

4 tribally designated housing entity, or assisted 

5 housing provider with documentation, signed by 

6 an employee, agent, or volunteer of a victim 

7 service provider, an attorney, a member of the 

8 clergy, a medical professional, or any other pro9 fessional from whom the victim has sought assist10 ance in addressing domestic violence, dating vio11 lence, sexual assault, or stalking, or the effects of 

12 abuse; or 

13 ‘‘(B) producing a Federal, State, tribal, ter14 ritorial, or local police or court record. 

15 ‘‘(3) LIMITATION.—Nothing in this subsection 

16 shall be construed to require any housing agency, as17 sisted housing provider, tribally designated housing 

18 entity, owner, or manager to demand that an indi19 vidual produce official documentation or physical 

20 proof of the individual’s status as a victim of domes21 tic violence, dating violence, sexual assault, or stalk22 ing, in order to receive any of the benefits provided 

23 in this section. A housing authority may provide ben24 efits to an individual based solely on the individual’s 

25 statement or other corroborating evidence. 
431 

•S 1197 RS 

1 ‘‘(4) CONFIDENTIALITY.— 

2 ‘‘(A) IN GENERAL.—All information pro3 vided to any housing agency, assisted housing 

4 provider, tribally designated housing entity, 

5 owner, or manager pursuant to paragraph (1), 

6 including the fact that an individual is a victim 

7 of domestic violence, dating violence, sexual as8 sault, or stalking, shall be retained in the strict9 est confidence by such housing authority, and 

10 shall neither be entered into any shared data11 base, nor provided to any related housing agen12 cy, assisted housing provider, tribally designated 

13 housing entity, owner, or manager, except to the 

14 extent that disclosure is— 

15 ‘‘(i) requested or consented to by the 

16 individual in writing; or 

17 ‘‘(ii) otherwise required by applicable 

18 law. 

19 ‘‘(B) NOTIFICATION.—An individual shall 

20 be notified of the limits of such confidentiality 

21 and informed in advance about circumstances in 

22 which the housing agency, assisted housing pro23 vider, tribally designated housing entity, owner, 

24 or manager will be compelled to disclose the in25 dividual’s information. 
432 

•S 1197 RS 

1 ‘‘(f) USE OF FUNDS.—Grants and contracts awarded 

2 pursuant to subsection (a) shall provide to eligible entities 

3 personnel, training, and technical assistance to develop and 

4 implement policies, practices, and procedures, making 

5 physical improvements or changes, and developing or en6 hancing collaborations for the purposes of— 

7 ‘‘(1) enabling victims of domestic violence, dat8 ing violence, sexual assault, and stalking with other9 wise disqualifying rental, credit, or criminal histories 

10 to be eligible to obtain housing or housing assistance, 

11 if such victims would otherwise qualify for housing or 

12 housing assistance and can provide documented evi13 dence that demonstrates the causal connection between 

14 such violence or abuse and the victims’ negative his15 tories; 

16 ‘‘(2) permitting applicants for housing or hous17 ing assistance to provide incomplete rental and em18 ployment histories, otherwise required as a condition 

19 of admission or assistance, if the victim believes that 

20 providing such rental and employment history would 

21 endanger the victim’s or the victim children’s safety; 

22 ‘‘(3) protecting victims’ confidentiality, includ23 ing protection of victims’ personally identifying infor24 mation, address, or rental history; 
433 

•S 1197 RS 

1 ‘‘(4) assisting victims who need to leave a public 

2 housing, Indian housing, or assisted housing unit 

3 quickly to protect their safety, including those who 

4 are seeking transfer to a new public housing unit, In5 dian housing unit, or assisted housing unit, whether 

6 in the same or a different neighborhood or jurisdic7 tion; 

8 ‘‘(5) enabling the public housing agency, tribally 

9 designated housing entity, or assisted housing pro10 vider, or the victim, to remove, consistent with appli11 cable State law, the perpetrator of domestic violence, 

12 dating violence, sexual assault, or stalking without 

13 evicting, removing, or otherwise penalizing the victim; 

14 ‘‘(6) enabling the public housing agency, tribally 

15 designated housing entity, or assisted housing pro16 vider to comply with court orders, including civil 

17 protection orders issued to protect the victim, when 

18 notified and issued to address the distribution or pos19 session of property among the household members in 

20 cases where a family breaks up; 

21 ‘‘(7) developing and implementing more effective 

22 security policies, protocols, and services; 

23 ‘‘(8) allotting not more than 15 percent of funds 

24 awarded under the grant to make physical improve25 ments; 
434 

•S 1197 RS 

1 ‘‘(9) training personnel to more effectively iden2 tify and respond to victims of domestic violence, dat3 ing violence, sexual assault, and stalking; and 

4 ‘‘(10) effectively providing notice to applicants 

5 and residents of the above housing policies, practices, 

6 and procedures. 

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

8 are authorized to be appropriated $10,000,000 for each of 

9 fiscal years 2006 through 2010 to carry out the provisions 

10 of this section. 

11 ‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of 

12 the amount appropriated under subsection (g) for each fis13 cal year shall be used by the Attorney General for technical 

14 assistance costs under this section.’’. 

15 SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS 

16 FOR VICTIMS OF DOMESTIC VIOLENCE, DAT17 ING VIOLENCE, SEXUAL ASSAULT, OR STALK18 ING. 

19 (a) IN GENERAL.—Section 40299 of the Violence 

20 Against Women Act of 1994 (42 U.S.C. 13975) is amend21 ed— 

22 (1) in subsection (a)— 

23 (A) by inserting ‘‘the Department of Hous24 ing and Urban Development, and the Depart-
435 

•S 1197 RS 

1 ment of Health and Human Services,’’ after 

2 ‘‘Department of Justice,’’; 

3 (B) by inserting ‘‘, including domestic vio4 lence and sexual assault victim service providers, 

5 domestic violence and sexual assault coalitions, 

6 other nonprofit, nongovernmental organizations, 

7 or community-based and culturally specific orga8 nizations, that have a documented history of ef9 fective work concerning domestic violence, dating 

10 violence, sexual assault, or stalking’’ after ‘‘other 

11 organizations’’; and 

12 (C) in paragraph (1), by inserting ‘‘, dat13 ing violence, sexual assault, or stalking’’ after 

14 ‘‘domestic violence’’; 

15 (2) in subsection (b)— 

16 (A) by redesignating paragraphs (1) and 

17 (2) as paragraphs (2) and (3), respectively; 

18 (B) in paragraph (3), as redesignated, by 

19 inserting ‘‘, dating violence, sexual assault, or 

20 stalking’’ after ‘‘violence’’; 

21 (C) by inserting before paragraph (2), as 

22 redesignated, the following: 

23 ‘‘(1) transitional housing, or acquire land or 

24 buildings, or rehabilitate or construct buildings for 

25 the purpose of providing transitional housing to per-
436 

•S 1197 RS 

1 sons described in subsection (a), including funding 

2 for— 

3 ‘‘(A) the predevelopment cost and capital 

4 expenses involved in the development of transi5 tional housing; and 

6 ‘‘(B) the operating expenses of newly devel7 oped or existing transitional housing.’’; and 

8 (D) in paragraph (3)(B) as redesignated, 

9 by inserting ‘‘Participation in the support serv10 ices shall be voluntary. Receipt of the benefits of 

11 the housing assistance described in paragraph 

12 (2) shall not be conditioned upon the participa13 tion of the youth, adults, or their dependents in 

14 any or all of the support services offered them.’’ 

15 after ‘‘assistance.’’; 

16 (3) in paragraph (1) of subsection (c), by strik17 ing ‘‘18 months’’ and inserting ‘‘24 months’’; 

18 (4) in subsection (d)(2)— 

19 (A) by striking ‘‘and’’ at the end of sub20 paragraph (A); 

21 (B) by redesignating subparagraph (B) as 

22 subparagraph (C); and 

23 (C) by inserting after subparagraph (A) the 

24 following: 
437 

•S 1197 RS 

1 ‘‘(B) provide assurances that any sup2 portive services offered to participants in pro3 grams developed under subsection (b)(3) are vol4 untary and that refusal to receive such services 

5 shall not be grounds for termination from the 

6 program or eviction from the victim’s housing; 

7 and’’; 

8 (5) in subsection (e)(2)— 

9 (A) in subparagraph (A), by inserting 

10 ‘‘purpose and’’ before ‘‘amount’’; 

11 (B) in clause (ii) of subparagraph (C), by 

12 striking ‘‘and’’; 

13 (C) in subparagraph (D), by striking the 

14 period and inserting ‘‘; and’’; and 

15 (D) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(E) the client population served and the 

18 number of individuals requesting services that 

19 the transitional housing program is unable to 

20 serve as a result of a lack of resources.’’; and 

21 (6) in subsection (g)— 

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

23 ‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’; 

24 (B) in paragraph (1), by striking ‘‘2004’’ 

25 and inserting ‘‘2006’’; 
438 

•S 1197 RS 

1 (C) in paragraph (1), by striking ‘‘2008.’’ 

2 and inserting ‘‘2010’’; 

3 (D) in paragraph (2), by striking ‘‘not 

4 more than 3 percent’’ and inserting ‘‘up to 5 

5 percent’’; 

6 (E) in paragraph (2), by inserting ‘‘evalua7 tion, monitoring, technical assistance,’’ before 

8 ‘‘salaries’’; and 

9 (F) in paragraph (3), by adding at the end 

10 the following new subparagraphs: 

11 ‘‘(C) UNDERSERVED POPULATIONS.— 

12 ‘‘(i) A minimum of 7 percent of the 

13 total amount appropriated in any fiscal 

14 year shall be allocated to tribal organiza15 tions serving adult and youth victims of do16 mestic violence, dating violence, sexual as17 sault, or stalking, and their dependents. 

18 ‘‘(ii) Priority shall be given to projects 

19 developed under subsection (b) that pri20 marily serve racial, ethnic, or other under21 served populations.’’. 

22 SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING 

23 REQUIREMENT. 

24 Section 5A of the United States Housing Act of 1937 

25 (42 U.S.C. 1437c–1) is amended— 
439 

•S 1197 RS 

1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘para3 graph (2)’’ and inserting ‘‘paragraph (3)’’; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (3); and 

6 (C) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) STATEMENT OF GOALS.—The 5-year plan 

9 shall include a statement by any public housing agen10 cy of the goals, objectives, policies, or programs that 

11 will enable the housing authority to serve the needs of 

12 child and adult victims of domestic violence, dating 

13 violence, sexual assault, or stalking.’’; 

14 (2) in subsection (d), by redesignating para15 graphs (13), (14), (15), (16), (17), and (18), as para16 graphs (14), (15), (16), (17), (18), and (19), respec17 tively; and 

18 (3) by inserting after paragraph (12) the fol19 lowing: 

20 ‘‘(13) DOMESTIC VIOLENCE, DATING VIOLENCE, 

21 SEXUAL ASSAULT, OR STALKING PROGRAMS.—A de22 scription of— 

23 ‘‘(A) any activities, services, or programs 

24 provided or offered by an agency, either directly 

25 or in partnership with other service providers, to 
440 

•S 1197 RS 

1 child or adult victims of domestic violence, dat2 ing violence, sexual assault, or stalking; 

3 ‘‘(B) any activities, services, or programs 

4 provided or offered by a public housing agency 

5 that helps child and adult victims of domestic vi6 olence, dating violence, sexual assault, or stalk7 ing, to obtain or maintain housing; and 

8 ‘‘(C) any activities, services, or programs 

9 provided or offered by a public housing agency 

10 to prevent domestic violence, dating violence, sex11 ual assault, and stalking, or to enhance victim 

12 safety in assisted families.’’. 

13 SEC. 604. HOUSING STRATEGIES. 

14 Section 105(b)(1) of the Cranston-Gonzalez National 

15 Affordable Housing Act (42 U.S.C. 12705(b)(1)) is amended 

16 by inserting after ‘‘immunodeficiency syndrome,’’ the fol17 lowing: ‘‘victims of domestic violence, dating violence, sex18 ual assault, and stalking’’. 

19 SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOME20 LESS ASSISTANCE ACT. 

21 Section 423 of the Stewart B. McKinney Homeless As22 sistance Act (42 U.S.C. 11383) is amended— 

23 (1) by adding at the end of subsection (a) the fol24 lowing: 

25 ‘‘(8) CONFIDENTIALITY.— 
441 

•S 1197 RS 

1 ‘‘(A) IN GENERAL.—In the course of award2 ing grants or implementing programs under this 

3 subsection, the Secretary shall instruct any re4 cipient or subgrantee not to disclose to any per5 son, agency, or entity any personally identifying 

6 information about any client where the Sec7 retary, recipient, or subgrantee believes based 

8 upon reasonable evidence that the client is either 

9 a child or an adult victim of domestic violence, 

10 dating violence, sexual assault, or stalking, and 

11 has immediate safety concerns, or is the parent 

12 or guardian of a child victim of domestic vio13 lence, dating violence, sexual assault, or stalking, 

14 and has immediate safety concerns. The Sec15 retary shall not require or ask a recipient or 

16 subgrantee of any other Federal or State pro17 gram to disclose personally identifying informa18 tion about any clients where the persons, agen19 cies, or entities implementing those programs be20 lieve, based upon reasonable evidence, that those 

21 clients either are child or adult victims of domes22 tic violence, dating violence, sexual assault, or 

23 stalking, and has immediate safety concerns or 

24 are the parents or guardians of child victims of 

25 domestic violence, dating violence, sexual assault, 
442 

•S 1197 RS 

1 or stalking, and has immediate safety concerns. 

2 The Secretary shall instruct any recipient or 

3 subgrantee under this subsection or any recipient 

4 or subgrantee of any other Federal or State pro5 gram participating in the Homeless Management 

6 Information System that personally identifying 

7 information about any client may only be dis8 closed if the program seeking to disclose such in9 formation has obtained informed, reasonably 

10 time-limited, written consent from the client to 

11 whom the information relates. The Secretary 

12 may require or ask any recipient or subgrantee 

13 to share nonpersonally identifying data in the 

14 aggregate regarding services to clients and non15 personally identifying demographic information 

16 in order to comply with the data collection re17 quirements of the Homeless Management Infor18 mation System. 

19 ‘‘(B) PERSONALLY IDENTIFYING INFORMA20 TION OR PERSONAL INFORMATION.—The term 

21 ‘personally identifying information’ or ‘personal 

22 information’ means individually identifying in23 formation for or about an individual including 

24 information likely to disclose the location of a 
443 

•S 1197 RS 

1 victim of domestic violence, dating violence, sex2 ual assault, or stalking, including— 

3 ‘‘(i) a first and last name; 

4 ‘‘(ii) a home or other physical address; 

5 ‘‘(iii) contact information (including a 

6 postal, e-mail or Internet protocol address, 

7 or telephone or facsimile number); 

8 ‘‘(iv) a social security number; and 

9 ‘‘(v) any other information, including 

10 date of birth, racial or ethnic background, 

11 or religious affiliation, that, in combination 

12 with any of clauses (i) through (iv), would 

13 serve to identify any individual.’’. 

14 SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING AS15 SISTANCE VOUCHER PROGRAM. 

16 Section 8 of the United States Housing Act of 1937 

17 (42 U.S.C. 1437f) is amended— 

18 (1) in subsection (c)— 

19 (A) in the first sentence by inserting ‘‘; mis20 cellaneous provisions’’ after ‘‘monthly assistance 

21 payments’’; and 

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

23 paragraph: 

24 ‘‘(9)(A) That an applicant or participant is or 

25 has been a victim of domestic violence, dating vio-
444 

•S 1197 RS 

1 lence, or stalking is not an appropriate basis for de2 nial of program assistance or for denial of admission. 

3 ‘‘(B) An incident or incidents of actual or 

4 threatened domestic violence, dating violence, or stalk5 ing will not be construed as a serious or repeated vio6 lation of the lease by the victim or threatened victim 

7 of that violence and shall not be good cause for termi8 nating the tenancy or occupancy rights of the victim 

9 of such violence. 

10 ‘‘(C)(i) Criminal activity directly relating to do11 mestic violence, dating violence, or stalking, engaged 

12 in by a member of a tenant’s household or any guest 

13 or other person under the tenant’s control shall not be 

14 cause for termination of tenancy or occupancy rights 

15 if the tenant or an immediate member of the tenant’s 

16 family is the victim or threatened victim of that do17 mestic violence, dating violence, or stalking. 

18 ‘‘(ii) A public housing agency or an owner or 

19 manager under this section may bifurcate a lease 

20 under this section, in order to evict, remove, or termi21 nate assistance to any individual who is a tenant or 

22 lawful occupant and who engages in criminal acts of 

23 physical violence against family members or others, 

24 without evicting, removing, terminating assistance to, 
445 

•S 1197 RS 

1 or otherwise penalizing the victim of such violence 

2 who is also a tenant or lawful occupant. 

3 ‘‘(iii) Nothing in clause (i) may be construed to 

4 limit the authority of a public housing agency, owner, 

5 or manager, when notified, to comply with court or6 ders, including civil protection orders issued to pro7 tect the victim and issued to address the distribution 

8 or possession of property among the household mem9 bers in cases where a family breaks up. 

10 ‘‘(iv) Nothing in clause (i) limits any otherwise 

11 available authority of an owner or manager to evict 

12 or the public housing agency or assisted housing pro13 vider to terminate voucher assistance to a tenant for 

14 any violation of a lease not premised on the act or 

15 acts of violence in question against the tenant or a 

16 member of the tenant’s household, provided that the 

17 owner or manager does not subject an individual who 

18 is or has been a victim of domestic violence, dating 

19 violence, or stalking to a more demanding standard 

20 than other tenants in determining whether to evict or 

21 terminate. 

22 ‘‘(v) Nothing in clause (i) may be construed to 

23 limit the authority of an owner or manager to evict 

24 any tenant or lawful occupant if the owner or man25 ager can demonstrate an actual and imminent threat 
446 

•S 1197 RS 

1 to other tenants or those employed at or providing 

2 service to the property if that tenant is not evicted or 

3 terminated from assistance. 

4 ‘‘(vi) Nothing in this section shall be construed 

5 to supersede any provision of any Federal, State, or 

6 local law that provides greater protection than this 

7 section for victims of domestic violence, dating vio8 lence, or stalking.’’. 

9 (2) in subsection (d)— 

10 (A) in paragraph (1)(A), by inserting after 

11 ‘‘public housing agency’’ the following: ‘‘and that 

12 an applicant is or has been a victim of domestic 

13 violence, dating violence, or stalking is not an 

14 appropriate basis for denial of program assist15 ance or for denial of admission’’; 

16 (B) in paragraph (1)(B)(ii), by inserting 

17 after ‘‘other good cause’’ the following: ‘‘, and 

18 that an incident or incidents of actual or threat19 ened domestic violence, dating violence, or stalk20 ing will not be construed as a serious or repeated 

21 violation of the lease by the victim or threatened 

22 victim of that violence and will not be good 

23 cause for terminating the tenancy or occupancy 

24 rights of the victim of such violence’’; and 
447 

•S 1197 RS 

1 (C) in paragraph (1)(B)(iii), by inserting 

2 after ‘‘termination of tenancy’’ the following: ‘‘, 

3 except that (I) criminal activity directly relating 

4 to domestic violence, dating violence, or stalking, 

5 engaged in by a member of a tenant’s household 

6 or any guest or other person under the tenant’s 

7 control, shall not be cause for termination of the 

8 tenancy or occupancy rights, if the tenant or im9 mediate member of the tenant’s family is a vic10 tim of that domestic violence, dating violence, or 

11 stalking; (II) a public housing agency or an 

12 owner or manager under this section may bifur13 cate a lease under this section, in order to evict, 

14 remove, or terminate assistance to any indi15 vidual who is a tenant or lawful occupant and 

16 who engages in criminal acts of physical violence 

17 against family members or others, without evict18 ing, removing, terminating assistance to, or oth19 erwise penalizing the victim of such violence who 

20 is also a tenant or lawful occupant; (III) noth21 ing in subclause (I) may be construed to limit 

22 the authority of a public housing agency, owner, 

23 or manager, when notified, to comply with court 

24 orders, including civil protection orders issued to 

25 protect the victim and issued to address the dis-
448 

•S 1197 RS 

1 tribution or possession of property among the 

2 household members in cases where a family 

3 breaks up; (IV) nothing in subclause (I) limits 

4 any otherwise available authority of an owner or 

5 manager to evict or the public housing agency or 

6 assisted housing provider to terminate voucher 

7 assistance to a tenant for any violation of a lease 

8 not premised on the act or acts of violence in 

9 question against the tenant or a member of the 

10 tenant’s household, provided that the owner or 

11 manager does not subject an individual who is 

12 or has been a victim of domestic violence, dating 

13 violence, or stalking to a more demanding stand14 ard than other tenants in determining whether to 

15 evict or terminate; (V) nothing in subclause (I) 

16 may be construed to limit the authority of an 

17 owner or manager to evict, or the public housing 

18 agency or assisted housing provider to terminate 

19 voucher assistance, to any tenant if the owner, 

20 manager, public housing agency, or assisted 

21 housing provider can demonstrate an actual and 

22 imminent threat to other tenants or those em23 ployed at or providing service to the property if 

24 that tenant is not evicted or terminated from as25 sistance; and (VI) nothing in this section shall be 
449 

•S 1197 RS 

1 construed to supersede any provision of any Fed2 eral, State, or local law that provides greater 

3 protection than this section for victims of domes4 tic violence, dating violence, or stalking.’’; 

5 (3) in subsection (f)— 

6 (A) in paragraph (6), by striking ‘‘and’’; 

7 (B) in paragraph (7), by striking the period 

8 at the end and inserting a semicolon; and 

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

10 paragraphs: 

11 ‘‘(8) the term ‘domestic violence’ has the same 

12 meaning given the term in section 40002 of the Vio13 lence Against Women Act of 1994; 

14 ‘‘(9) the term ‘dating violence’ has the same 

15 meaning given the term in section 40002 of the Vio16 lence Against Women Act of 1994; and 

17 ‘‘(10) the term ‘stalking’ means engaging in a 

18 course of conduct directed at a specific person that 

19 would cause a reasonable person to— 

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

21 of others; or 

22 ‘‘(B) suffer significant emotional or phys23 ical distress; and 
450 

•S 1197 RS 

1 ‘‘(11) the term ‘sexual assault’ has the same 

2 meaning given the term in section 40002 of the Vio3 lence Against Women Act of 1994.’’; 

4 (4) in subsection (o)— 

5 (A) by inserting at the end of paragraph 

6 (6)(B) the following new sentence: ‘‘That an ap7 plicant is or has been a victim of domestic vio8 lence, dating violence, or stalking is not an ap9 propriate basis for denial of program assistance 

10 by or for denial of admission, and that nothing 

11 in this section shall be construed to supersede 

12 any provision of any Federal, State, or local law 

13 that provides greater protection than this section 

14 for victims of domestic violence, dating violence, 

15 or stalking.’’; 

16 (B) in paragraph (7)(C), by inserting after 

17 ‘‘other good cause’’ the following: ‘‘, and that an 

18 incident or incidents of actual or threatened do19 mestic violence, dating violence, or stalking shall 

20 not be construed as a serious or repeated viola21 tion of the lease by the victim or threatened vic22 tim of that violence and shall not be good cause 

23 for terminating the tenancy or occupancy rights 

24 of the victim of such violence’’; 
451 

•S 1197 RS 

1 (C) in paragraph (7)(D), by inserting after 

2 ‘‘termination of tenancy’’ the following: ‘‘; except 

3 that (i) criminal activity directly relating to do4 mestic violence, dating violence, or stalking, en5 gaged in by a member of a tenant’s household or 

6 any guest or other person under the tenant’s con7 trol shall not be cause for termination of the ten8 ancy or occupancy rights, if the tenant or imme9 diate member of the tenant’s family is a victim 

10 of that domestic violence, dating violence, or 

11 stalking; (ii) a public housing agency or an 

12 owner or manager under this section may bifur13 cate a lease under this section, in order to evict, 

14 remove, or terminate assistance to any indi15 vidual who is a tenant or lawful occupant and 

16 who engages in criminal acts of physical violence 

17 against family members or others, without evict18 ing, removing, terminating assistance to, or oth19 erwise penalizing the victim of such violence who 

20 is also a tenant or lawful occupant; (iii) nothing 

21 in clause (i) may be construed to limit the au22 thority of a public housing agency, owner, or 

23 manager, when notified, to comply with court or24 ders, including civil protection orders issued to 

25 protect the victim and issued to address the dis-
452 

•S 1197 RS 

1 tribution or possession of property among the 

2 household member sin cases where a family 

3 breaks up; (iv) nothing in clause (i) limits any 

4 otherwise available authority of an owner or 

5 manager to evict or the public housing agency or 

6 assisted housing provider to terminate voucher 

7 assistance to a tenant for any violation of a lease 

8 not premised on the act or acts of violence in 

9 question against the tenant or a member of the 

10 tenant’s household, provided that the owner or 

11 manager does not subject an individual who is 

12 or has been a victim of domestic violence, dating 

13 violence, or stalking to a more demanding stand14 ard than other tenants in determining whether to 

15 evict or terminate; (v) nothing in clause (i) may 

16 be construed to limit the authority of an owner 

17 or manager to evict, or the public housing agen18 cy or assisted housing provider to terminate, 

19 voucher assistance to any tenant if the owner, 

20 manager, public housing agency, or assisted 

21 housing provider can demonstrate an actual and 

22 imminent threat to other tenants or those em23 ployed at or providing service to the property if 

24 that tenant is not evicted or terminated from as25 sistance; and (vi) nothing in this section shall be 
453 

•S 1197 RS 

1 construed to supersede any provision of any Fed2 eral, State, or local law that provides greater 

3 protection than this section for victims of domes4 tic violence, dating violence, or stalking.’’; and 

5 (D) by adding at the end the following new 

6 paragraph: 

7 ‘‘(20) PROHIBITED BASIS FOR TERMINATION OF AS8 SISTANCE.— 

9 ‘‘(A) IN GENERAL.—A public housing agen10 cy may not terminate assistance to a participant 

11 in the voucher program on the basis of an inci12 dent or incidents of actual or threatened domes13 tic violence, dating violence, or stalking against 

14 that participant. 

15 ‘‘(B) CONSTRUAL OF LEASE PROVISIONS.— 

16 Criminal activity directly relating to domestic 

17 violence, dating violence, or stalking shall not be 

18 considered a serious or repeated violation of the 

19 lease by the victim or threatened victim of that 

20 criminal activity justifying termination of as21 sistance to the victim or threatened victim. 

22 ‘‘(C) TERMINATION ON THE BASIS OF

23 CRIMINAL ACTIVITY.—Criminal activity directly 

24 relating to domestic violence, dating violence, or 

25 stalking shall not be considered cause for termi-
454 

•S 1197 RS 

1 nation of assistance for any participant or im2 mediate member of a participant’s family who is 

3 a victim of the domestic violence, dating violence, 

4 or stalking. 

5 ‘‘(D) EXCEPTIONS.— 

6 ‘‘(i) PUBLIC HOUSING AUTHORITY

7 RIGHT TO TERMINATE FOR CRIMINAL

8 ACTS.—Nothing in subparagraphs (A), (B), 

9 or (C) may be construed to limit the author10 ity of the public housing agency to termi11 nate voucher assistance to individuals who 

12 engage in criminal acts of physical violence 

13 against family members or others. 

14 ‘‘(ii) PUBLIC HOUSING AUTHORITY

15 RIGHT TO TERMINATE ASSISTANCE FOR IM16 MINENT THREAT.—Nothing in subpara17 graphs (A), (B), or (C) may be construed to 

18 limit the authority of a public housing 

19 agency to terminate assistance to any indi20 vidual who has been evicted from housing 

21 assisted under the program based on a 

22 showing that he or she presented an actual 

23 and imminent threat to other tenants or to 

24 staff of the owner or public housing agency. 
455 

•S 1197 RS 

1 ‘‘(iii) COMPLIANCE WITH COURT OR2 DERS.—Nothing in subparagraphs (A), (B), 

3 or (C) may be construed to limit the author4 ity of a public housing agency, when noti5 fied, to comply with court orders, including 

6 civil protection orders issued to protect the 

7 victim and issued to address the distribu8 tion possession of property among the 

9 household members in cases where a family 

10 breaks up. 

11 ‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT

12 TO TERMINATE VOUCHER ASSISTANCE FOR ACTS

13 OF VIOLENCE.—Nothing in subparagraphs (A), 

14 (B), or (C) limit any otherwise available author15 ity of the public housing agency to terminate 

16 voucher assistance to a tenant for any violation 

17 of a lease not premised on the act or acts of vio18 lence in question against the tenant or a member 

19 of the tenant’s household, provided that the 

20 owner or manager does not subject an individual 

21 who is or has been a victim of domestic violence, 

22 dating violence, or stalking to a more demanding 

23 standard than other tenants in determining 

24 whether to evict or terminate. 
456 

•S 1197 RS 

1 ‘‘(v) PUBLIC HOUSING AUTHORITY RIGHT

2 TO TERMINATE VOUCHER ASSISTANCE FOR IMMI3 NENT THREAT.—Nothing in subparagraphs (A), 

4 (B), (C) may be construed to limit the authority 

5 of the public housing agency to terminate vouch6 er assistance to a tenant if the public housing 

7 agency can demonstrate an actual and imminent 

8 threat to other tenants or those employed at or 

9 providing service to the property or public hous10 ing agency if that tenant is not evicted or termi11 nated from assistance. 

12 ‘‘(vi) PREEMPTION.—Nothing in this sec13 tion shall be construed to supersede any provi14 sion of any Federal, State, or local law that pro15 vides greater protection than this section for vic16 tims of domestic violence, dating violence, or 

17 stalking.’’; 

18 (5) in subsection (r)(5), by inserting after ‘‘vio19 lation of a lease’’ the following: ‘‘, except that a fam20 ily may receive a voucher from a public housing 

21 agency and move to another jurisdiction under the 

22 tenant-based assistance program if the family has 

23 complied with all other obligations of the section 8 

24 program and has moved out of the assisted dwelling 

25 unit in order to protect the health or safety of an in-
457 

•S 1197 RS 

1 dividual who is or has been the victim of domestic vi2 olence, dating violence, or stalking and who reason3 ably believed he or she was imminently threatened by 

4 harm from further violence if he or she remained in 

5 the assisted dwelling unit’’; and 

6 (6) by adding at the end the following new sub7 section: 

8 ‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.— 

9 ‘‘(1) CERTIFICATION.— 

10 ‘‘(A) IN GENERAL.—An owner, manager, 

11 public housing agency, or assisted housing pro12 vider responding to subsections (c)(9), 

13 (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), 

14 (o)(20), and (r)(5) may request that an indi15 vidual certify via a HUD approved certification 

16 form that the individual is a victim of domestic 

17 violence, dating violence, or stalking, and that 

18 the incident or incidents in question are bona 

19 fide incidents of such actual or threatened abuse 

20 and meet the requirements set forth in the afore21 mentioned paragraphs. The individual shall pro22 vide such certification within 14 business days 

23 after the owner, manager, public housing agency, 

24 or assisted housing provider requests such certifi25 cation. 
458 

•S 1197 RS 

1 ‘‘(B) FAILURE TO PROVIDE CERTIFI2 CATION.—If the individual does not provide the 

3 certification within 14 business days after the 

4 owner, manager, public housing agency, or as5 sisted housing provider has requested such cer6 tification in writing, nothing in this subsection 

7 may be construed to limit the authority of an 

8 owner or manager to evict, or the public housing 

9 agency or assisted housing provider to terminate 

10 voucher assistance for, any tenant or lawful oc11 cupant that commits violations of a lease. The 

12 owner, manager, public housing agency, or as13 sisted housing provider may extend the 14-day 

14 deadline at their discretion. 

15 ‘‘(C) CONTENTS.—An individual may sat16 isfy the certification requirement of subpara17 graph (A) by— 

18 ‘‘(i) providing the requesting owner, 

19 manager, public housing agency, or assisted 

20 housing provider with documentation signed 

21 by an employee, agent, or volunteer of a vic22 tim service provider, an attorney, a member 

23 of the clergy, a medical professional, or any 

24 other professional, from whom the victim 

25 has sought assistance in addressing domes-
459 

•S 1197 RS 

1 tic violence, dating violence, sexual assault, 

2 or stalking, or the effects of the abuse, in 

3 which the professional attests under penalty 

4 of perjury (28 U.S.C. 1746) to the profes5 sional’s belief that the incident or incidents 

6 in question are bona fide incidents of abuse, 

7 and the victim of domestic violence, dating 

8 violence, or stalking has signed or attested 

9 to the documentation; or 

10 ‘‘(ii) producing a Federal, State, trib11 al, territorial, or local police or court 

12 record. 

13 ‘‘(D) LIMITATION.—Nothing in this sub14 section shall be construed to require an owner, 

15 manager, public housing agency, or assisted 

16 housing provider to demand that an individual 

17 produce official documentation or physical proof 

18 of the individual’s status as a victim of domestic 

19 violence, dating violence, sexual assault, or stalk20 ing in order to receive any of the benefits pro21 vided in this section. At their discretion, the 

22 owner, manager, public housing agency, or as23 sisted housing provider may provide benefits to 

24 an individual based solely on the individual’s 

25 statement or other corroborating evidence. 
460 

•S 1197 RS 

1 ‘‘(E) COMPLIANCE NOT SUFFICIENT TO CON2 STITUTE EVIDENCE OF UNREASONABLE ACT.— 

3 Compliance with this statute by an owner, man4 ager, public housing agency, or assisted housing 

5 provider based on the certification specified in 

6 paragraph (1)(A) and (B) of this subsection or 

7 based solely on the victim’s statement or other 

8 corroborating evidence, as permitted by para9 graph (1)(C) of this subsection, shall not alone be 

10 sufficient to constitute evidence of an unreason11 able act or omission by an owner, manger, pub12 lic housing agency, or assisted housing provider, 

13 or employee thereof. Nothing in this subpara14 graph shall be construed to limit liability for 

15 failure to comply with the requirements of sub16 sections (c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), 

17 (o)(7)(C), (o)(7)(D), (o)(9), or (r)(5). 

18 ‘‘(F) PREEMPTION.—Nothing in this section 

19 shall be construed to supersede any provision of 

20 any Federal, State, or local law that provides 

21 greater protection than this section for victims of 

22 domestic violence, dating violence, or stalking. 

23 ‘‘(2) CONFIDENTIALITY.— 

24 ‘‘(A) IN GENERAL.—All information pro25 vided to an owner, manager, public housing 
461 

•S 1197 RS 

1 agency, or assisted housing provider pursuant to 

2 paragraph (1), including the fact that an indi3 vidual is a victim of domestic violence, dating 

4 violence, sexual assault, or stalking, shall be re5 tained in the strictest confidence by an owner, 

6 manager, public housing agency, or assisted 

7 housing provider, and shall neither be entered 

8 into any shared database nor provided to any re9 lated entity, except to the extent that disclosure 

10 is— 

11 ‘‘(i) requested or consented to by the 

12 individual in writing; or 

13 ‘‘(ii) otherwise required by applicable 

14 law. 

15 ‘‘(B) NOTIFICATION.—An individual must 

16 be notified of the limits of such confidentiality 

17 and informed in advance about circumstances in 

18 which the person or entity will be compelled to 

19 disclose the individual’s information.’’. 

20 SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PRO21 GRAM. 

22 Section 6 of the United States Housing Act of 1937 

23 (42 U.S.C. 1437d) is amended— 

24 (1) in subsection (c), by redesignating paragraph 

25 (3) and (4), as paragraphs (4) and (5), respectively; 
462 

•S 1197 RS 

1 (2) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) the public housing agency shall not deny 

4 admission to the project to any applicant on the basis 

5 that the applicant is or has been a victim of domestic 

6 violence, dating violence, or stalking and that nothing 

7 in this section shall be construed to supersede any 

8 provision of any Federal, State, or local law that pro9 vides greater protection than this section for victims 

10 of domestic violence, dating violence, or stalking’’; 

11 (3) in subsection (l)(5), by inserting after ‘‘other 

12 good cause’’ the following: ‘‘, and that an incident or 

13 incidents of actual or threatened domestic violence, 

14 dating violence, or stalking will not be construed as 

15 a serious or repeated violation of the lease by the vic16 tim or threatened victim of that violence and will not 

17 be good cause for terminating the tenancy or occu18 pancy rights of the victim of such violence’’; 

19 (4) in subsection (l)(6), by inserting after ‘‘ter20 mination of tenancy’’ the following: ‘‘; except that (A) 

21 criminal activity directly relating to domestic vio22 lence, dating violence, or stalking, engaged in by a 

23 member of a tenant’s household or any guest or other 

24 person under the tenant’s control, shall not be cause 

25 for termination of the tenancy or occupancy rights, if 
463 

•S 1197 RS 

1 the tenant or immediate member of the tenant’s fam2 ily is a victim of that domestic violence, dating vio3 lence, or stalking; (B) a public housing agency under 

4 this section may bifurcate a lease under this section, 

5 in order to evict, remove, or terminate assistance to 

6 any individual who is a tenant or lawful occupant 

7 and who engages in criminal acts of physical violence 

8 against family members or others, without evicting, 

9 removing, terminating assistance to, or otherwise pe10 nalizing the victim of such violence who is also a ten11 ant or lawful occupant; (C) nothing in subparagraph 

12 (A) may be construed to limit the authority of a pub13 lic housing agency, when notified, to comply with 

14 court orders, including civil protection orders issued 

15 to protect the victim and issued to address the dis16 tribution or possession of property among the house17 hold members in cases where a family breaks up; (D) 

18 nothing in subparagraph (A) limits any otherwise 

19 available authority of a public housing agency to 

20 evict a tenant for any violation of a lease not pre21 mised on the act or acts of violence in question 

22 against the tenant or a member of the tenant’s house23 hold, provided that the owner or manager does not 

24 subject an individual who is or has been a victim of 

25 domestic violence, dating violence, or stalking to a 
464 

•S 1197 RS 

1 more demanding standard than other tenants in de2 termining whether to evict or terminate; (E) nothing 

3 in subparagraph (A) may be construed to limit the 

4 authority of a public housing agency to terminate the 

5 tenancy of any tenant if the public housing agency 

6 can demonstrate an actual and imminent threat to 

7 other tenants or those employed at or providing serv8 ice to the property if that tenant’s tenancy is not ter9 minated; and (F) nothing in this section shall be con10 strued to supersede any provision of any Federal, 

11 State, or local law that provides greater protection 

12 than this section for victims of domestic violence, dat13 ing violence, or stalking.’’; and 

14 (5) by inserting at the end of subsection (t) the 

15 following new subsection: 

16 ‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— 

17 ‘‘(1) CERTIFICATION.— 

18 ‘‘(A) IN GENERAL.—A public housing agen19 cy responding to subsection (l) (5) and (6) may 

20 request that an individual certify via a HUD 

21 approved certification form that the individual 

22 is a victim of domestic violence, dating violence, 

23 or stalking, and that the incident or incidents in 

24 question are bona fide incidents of such actual or 

25 threatened abuse and meet the requirements set 
465 

•S 1197 RS 

1 forth in the aforementioned paragraphs. The in2 dividual shall provide such certification within 

3 14 business days after the public housing agency 

4 requests such certification. 

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 certifi9 cation 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 the 

14 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 vic21 tim service provider, an attorney, a member 

22 of the clergy, a medical professional, or any 

23 other professional from whom the victim has 

24 sought assistance in addressing domestic vi25 olence, dating violence, or stalking, or the 
466 

•S 1197 RS 

1 effects of the abuse, in which the profes2 sional attests under penalty of perjury (28 

3 U.S.C. 1746) to the professional’s belief that 

4 the incident or incidents in question are 

5 bona fide incidents of abuse, and the victim 

6 of domestic violence, dating violence, or 

7 stalking has signed or attested to the docu8 mentation; 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 domestic 

17 violence, dating violence, or stalking in order to 

18 receive any of the benefits provided in this sec19 tion. At the public housing agency’s discretion, a 

20 public housing agency may provide benefits to 

21 an individual based solely on the individual’s 

22 statement or other corroborating evidence. 

23 ‘‘(E) PREEMPTION.—Nothing in this section 

24 shall be construed to supersede any provision of 

25 any Federal, State, or local law that provides 
467 

•S 1197 RS 

1 greater protection than this section for victims of 

2 domestic violence, dating violence, or stalking. 

3 ‘‘(F) COMPLIANCE NOT SUFFICIENT TO CON4 STITUTE EVIDENCE OF UNREASONABLE ACT.— 

5 Compliance with this statute by a public housing 

6 agency, or assisted housing provider based on the 

7 certification specified in subparagraphs (A) and 

8 (B) of this subsection or based solely on the vic9 tim’s statement or other corroborating evidence, 

10 as permitted by subparagraph (D) of this sub11 section, shall not alone be sufficient to constitute 

12 evidence of an unreasonable act or omission by 

13 an owner, manager, public housing agency, or 

14 assisted housing provider, or employee thereof. 

15 Nothing in this subparagraph shall be construed 

16 to limit liability for failure to comply with the 

17 requirements of subsection l(5) and (6). 

18 ‘‘(2) CONFIDENTIALITY.— 

19 ‘‘(A) IN GENERAL.—All information pro20 vided to any public housing agency pursuant to 

21 paragraph (1), including the fact that an indi22 vidual is a victim of domestic violence, dating 

23 violence, or stalking, shall be retained in the 

24 strictest confidence by such public housing agen25 cy, and shall neither be entered into any shared 
468 

•S 1197 RS 

1 database nor provided to any related entity, ex2 cept to the extent that disclosure is— 

3 ‘‘(i) requested or consented to by the 

4 individual in writing; or 

5 ‘‘(ii) otherwise required by applicable 

6 law. 

7 ‘‘(B) NOTIFICATION.—An individual must 

8 be notified of the limits of such confidentiality 

9 and informed in advance about circumstances in 

10 which the person or entity will be compelled to 

11 disclose the individual’s information. 

12 ‘‘(3) DEFINITIONS.—For purposes of this sub13 section, subsection (c)(3), and subsection (l)(5) and 

14 (6)— 

15 ‘‘(A) the term ‘domestic violence’ has the 

16 same meaning given the term in section 40002 

17 of the Violence Against Women Act of 1994; 

18 ‘‘(B) the term ‘dating violence’ has the same 

19 meaning given the term in section 40002 of the 

20 Violence Against Women Act of 1994; and 

21 ‘‘(C) the term ‘stalking’ means engaging in 

22 a course of conduct directed at a specific person 

23 that would cause a reasonable person to— 

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

25 safety of others; or 
469 

•S 1197 RS 

1 ‘‘(ii) suffer significant emotional dis2 tress.’’. 

3 TITLE VII—PROVIDING ECO4 NOMIC SECURITY FOR VIC5 TIMS OF VIOLENCE 

6 SEC. 701. GRANT FOR NATIONAL CLEARINGHOUSE AND RE7 SOURCE CENTER ON WORKPLACE RE8 SPONSES TO ASSIST VICTIMS OF DOMESTIC 

9 AND SEXUAL VIOLENCE. 

10 Subtitle N of the Violence Against Women Act of 1994 

11 (Public Law 103–322; 108 Stat. 1902) is amended by add12 ing at the end the following: 

13 ‘‘Subtitle O—National 

14 Clearinghouse and Resource Center 

15 ‘‘SEC. 41501. GRANT FOR NATIONAL CLEARINGHOUSE AND 

16 RESOURCE CENTER ON WORKPLACE RE17 SPONSES TO ASSIST VICTIMS OF DOMESTIC 

18 AND SEXUAL VIOLENCE. 

19 ‘‘(a) AUTHORITY.—The Attorney General, acting 

20 through the Director of the Office on Violence Against 

21 Women, may award a grant to an eligible nonprofit non22 governmental entity or tribal organization, in order to pro23 vide for the establishment and operation of a national clear24 inghouse and resource center on workplace responses to as25 sist victims of domestic and sexual violence. The clearing-
470 

•S 1197 RS 

1 house and resource center shall provide information and as2 sistance to employers, labor organizations, and advocates 

3 on behalf of victims of domestic or sexual violence, to aid 

4 in their efforts to develop and implement appropriate re5 sponses to such violence in order to assist those victims. 

6 ‘‘(b) APPLICATIONS.—To be eligible to receive a grant 

7 under this section, an entity or organization shall submit 

8 an application to the Attorney General at such time, in 

9 such manner, and containing such information as the At10 torney General may require, including— 

11 ‘‘(1) information that demonstrates that the enti12 ty or organization has nationally recognized expertise 

13 in the area of domestic or sexual violence, and a 

14 record of commitment to reducing domestic or sexual 

15 violence; 

16 ‘‘(2) a plan to maximize, to the extent prac17 ticable, outreach to employers (including private com18 panies and public entities such as public institutions 

19 of higher education and State and local governments), 

20 labor organizations, and advocates described in sub21 section (a) concerning developing and implementing 

22 appropriate workplace responses to assist victims of 

23 domestic or sexual violence; and 

24 ‘‘(3) a plan for developing materials and train25 ing for materials for employers that address the needs 
471 

•S 1197 RS 

1 of employees in cases of domestic violence, dating vio2 lence, sexual assault, and stalking impacting the 

3 workplace, including the needs of racial and ethnic 

4 and other underserved communities. 

5 ‘‘(c) USE OF GRANT AMOUNT.— 

6 ‘‘(1) IN GENERAL.—An entity or organization 

7 that receives a grant under this section may use the 

8 funds made available through the grant for staff sala9 ries, travel expenses, equipment, printing, and other 

10 reasonable expenses necessary to develop, maintain, 

11 and disseminate to employers, labor organizations, 

12 and advocates described in subsection (a), informa13 tion and assistance concerning appropriate workplace 

14 responses to assist victims of domestic or sexual vio15 lence. 

16 ‘‘(2) RESPONSES.—Responses referred to in 

17 paragraph (1) may include— 

18 ‘‘(A) providing training to promote a better 

19 understanding of appropriate workplace assist20 ance to victims of domestic or sexual violence; 

21 ‘‘(B) providing conferences and other edu22 cational opportunities; 

23 ‘‘(C) developing protocols and model work24 place policies; 
472 

•S 1197 RS 

1 ‘‘(D) providing employer-sponsored and 

2 labor organization-sponsored victim assistance 

3 and outreach counseling; and 

4 ‘‘(E) conducting assessments of the work5 place costs of domestic or sexual violence. 

6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $1,000,000 for each of fiscal years 2006 through 2010. 

9 ‘‘(e) AVAILABILITY OF GRANT FUNDS.—Funds appro10 priated under this section shall remain available until ex11 pended.’’. 

12 TITLE VIII—PROTECTION OF 

13 BATTERED AND TRAFFICKED 

14 IMMIGRANT WOMEN 

15 Subtitle A—Victims of Crime 

16 SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VIC17 TIMS. 

18 (a) TREATMENT OF SPOUSE AND CHILDREN OF VIC19 TIMS OF TRAFFICKING.—Section 101(a)(15)(T) of the Im20 migration and Nationality Act (8 U.S.C. 1101(a)(15)(T)) 

21 is amended— 

22 (1) in clause (i)— 

23 (A) in the matter preceding subclause (I), 

24 by striking ‘‘Attorney General’’ and inserting 

25 ‘‘Secretary of Homeland Security’’; 
473 

•S 1197 RS 

1 (B) in subclause (III)(aa)— 

2 (i) by inserting ‘‘Federal, State, or 

3 local’’ before ‘‘investigation’’; and 

4 (ii) by striking ‘‘, or’’ and inserting 

5 ‘‘or crimes related to trafficking; or’’; and 

6 (C) in subclause (IV), by striking ‘‘and’’ at 

7 the end; 

8 (2) by amending clause (ii) to read as follows: 

9 ‘‘(ii) if accompanying, or following to join, the 

10 alien described in clause (i)— 

11 ‘‘(I) in the case of an alien described in 

12 clause (i) who is under 21 years of age, the 

13 spouse, children, unmarried siblings under 18 

14 years of age on the date on which such alien ap15 plied for status under such clause, and parents 

16 of such alien; and 

17 ‘‘(II) in the case of an alien described in 

18 clause (i) who is 21 years of age or older, the 

19 spouse and children of such alien; and’’; and 

20 (3) by inserting after clause (ii) the following: 

21 ‘‘(iii) if a trafficking victim, due to psychological 

22 or physical trauma, is unable to cooperate with a re23 quest for assistance described in clause (i)(III)(aa), 

24 the request is not reasonable. 
474 

•S 1197 RS 

1 (b) TREATMENT OF SPOUSES AND CHILDREN OF VIC2 TIMS OF ABUSE.—Section 101(a)(15)(U) of the Immigra3 tion and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is 

4 amended— 

5 (1) in clause (i)— 

6 (A) in the matter preceding subclause (I), 

7 by striking ‘‘Attorney General’’ and inserting 

8 ‘‘Secretary of Homeland Security’’; and 

9 (B) in subclause (I), by inserting ‘‘or in10 jury’’ after ‘‘physical or mental abuse’’; 

11 (2) by amending clause (ii) to read as follows: 

12 ‘‘(ii) if accompanying, or following to join, the 

13 alien described in clause (i)— 

14 ‘‘(I) in the case of an alien described in 

15 clause (i) who is under 21 years of age, the 

16 spouse, children, unmarried siblings under 18 

17 years of age on the date on which such alien ap18 plied for status under such clause, and parents 

19 of such alien; and 

20 ‘‘(II) in the case of an alien described in 

21 clause (i) who is 21 years of age or older, the 

22 spouse and children of such alien; and’’; and 

23 (3) in clause (iii), by inserting ‘‘child abuse; 

24 stalking (including physical or electronic stalking);’’ 

25 after ‘‘false imprisonment;’’. 
475 

•S 1197 RS 

1 (c) TECHNICAL AMENDMENTS.—Section 101(i) of the 

2 Immigration and Nationality Act (8 U.S.C. 1101(i)) is 

3 amended— 

4 (1) in paragraph (1), by striking ‘‘Attorney Gen5 eral’’ and inserting ‘‘Secretary of Homeland Security, 

6 the Attorney General,’’; and 

7 (2) in paragraph (2), by striking ‘‘Attorney Gen8 eral’’ and inserting ‘‘Secretary of Homeland Secu9 rity’’. 

10 SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF 

11 TRAFFICKING IN PERSONS. 

12 (a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Im13 migration and Nationality Act (8 U.S.C. 

14 1182(a)(9)(B)(iii)) is amended by adding at the end the 

15 following: 

16 ‘‘(V) VICTIMS OF A SEVERE FORM OF TRAF17 FICKING IN PERSONS.—Clause (i) shall not 

18 apply to an alien who demonstrates that there 

19 was a connection between the alien being a vic20 tim of a severe form of trafficking (as that term 

21 is defined in section 103 of the Trafficking Vic22 tims Protection Act of 2000 (22 U.S.C. 7102)) 

23 and the alien’s unlawful presence in the United 

24 States.’’. 
476 

•S 1197 RS 

1 (b) TECHNICAL AMENDMENT.—Paragraphs (13) and 

2 (14) of section 212(d) of the Immigration and Nationality 

3 Act (8 U.S.C. 1182(d)) are amended by striking ‘‘Attorney 

4 General’’ each place it appears and inserting ‘‘Secretary 

5 of Homeland Security’’. 

6 SEC. 803. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF7 FICKING. 

8 Section 245(l) of the Immigration and Nationality Act 

9 (8 U.S.C. 1255(l)) is amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘Attorney General’’ each 

12 place it appears and inserting ‘‘Secretary of 

13 Homeland Security’’; and 

14 (B) in subparagraph (A), by striking ‘‘3 

15 years’’ and inserting ‘‘1 year’’; 

16 (2) in paragraph (2), by striking ‘‘Attorney Gen17 eral’’ each place it appears and inserting ‘‘Secretary 

18 of Homeland Security’’; and 

19 (3) in paragraph (5), by striking ‘‘Attorney Gen20 eral’’ and inserting ‘‘Secretary of Homeland Secu21 rity’’. 

22 SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF 

23 TRAFFICKING. 

24 (a) CLARIFICATION OF DEPARTMENT OF JUSTICE AND

25 DEPARTMENT OF HOMELAND SECURITY ROLES.— 
477 

•S 1197 RS 

1 (1) TRAFFICKING VICTIMS.—Section 107 of the 

2 Trafficking Victims Protection Act of 2000 (22 U.S.C. 

3 7105) is amended— 

4 (A) in subsections (b)(1)(E), (e)(5), and (g), 

5 by striking ‘‘Attorney General’’ each place it ap6 pears and inserting ‘‘Secretary of Homeland Se7 curity’’; and 

8 (B) in subsection (c), by inserting ‘‘, the 

9 Secretary of Homeland Security’’ after ‘‘Attor10 ney General’’. 

11 (2) NONIMMIGRANT ALIENS.—Section 101 of the 

12 Immigration and Nationality Act (8 U.S.C. 1101) is 

13 amended— 

14 (A) in subsection (a)(15)(T), by striking 

15 ‘‘Attorney General’’ each place it appears and 

16 inserting ‘‘Secretary of Homeland Security; and 

17 (B) in subsection (i)— 

18 (i) in paragraph (1), by striking ‘‘At19 torney General’’ and inserting ‘‘Secretary of 

20 Homeland Security, the Attorney General,’’; 

21 and 

22 (ii) in paragraph (2), by striking ‘‘At23 torney General’’ and inserting ‘‘Secretary of 

24 Homeland Security’’. 
478 

•S 1197 RS 

1 (3) INADMISSIBLE ALIENS.—Section 212(d)(13) 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1182(d)(13)) is amended— 

4 (A) in subparagraph (A), by striking ‘‘At5 torney General’’ and inserting ‘‘Secretary of 

6 Homeland Security’’; 

7 (B) in subparagraph (B)— 

8 (i) by striking ‘‘Attorney General’’ 

9 each place it appears and inserting ‘‘Sec10 retary of Homeland Security’’; and 

11 (ii) by striking ‘‘, in the Attorney Gen12 eral’s discretion,’’. 

13 (4) ADJUSTMENT OF STATUS FOR VICTIMS OF

14 TRAFFICKING.—Section 245(l) of the Immigration 

15 and Nationality Act (8 U.S.C. 1255(l)) is amended— 

16 (A) in paragraphs (1), (2), and (4), by 

17 striking ‘‘Attorney General’’ the first place it ap18 pears in each such paragraph and inserting 

19 ‘‘Secretary of Homeland Security’’; 

20 (B) in paragraphs (1) and (2), by striking 

21 ‘‘Attorney General’’ the second place it appears 

22 in each such paragraph and inserting ‘‘Sec23 retary’’; and 

24 (C) in paragraph (2), by striking ‘‘, in the 

25 Attorney General’s discretion,’’. 
479 

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1 (b) CERTIFICATION PROCESS.—Section 107(b)(1)(E) 

2 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 

3 7105(b)(1)(E)) is amended— 

4 (1) in clause (i)— 

5 (A) in the matter preceding subclause (I), 

6 by striking ‘‘Attorney General, that the person 

7 referred to in subparagraph (C)(ii)(II)—’’ and 

8 inserting ‘‘Attorney General or the Secretary of 

9 Homeland Security, as appropriate, that the 

10 person referred to in subparagraph (C)(ii)(II)— 

11 ‘‘(I) has not attained 18 years of age; 

12 or—’’; 

13 (B) in subclause (I)— 

14 (i) by striking ‘‘(I)’’ and inserting 

15 ‘‘(II)’’; and 

16 (ii) by striking ‘‘investigation and 

17 prosecution’’ and inserting ‘‘investigation 

18 or prosecution, by the United States or a 

19 State or local government,’’; and 

20 (C) in subclause (II)— 

21 (i) by striking ‘‘(II)’’ and inserting 

22 ‘‘(III)’’; and 

23 (ii) in item (bb), by inserting ‘‘or the 

24 Secretary of Homeland Security’’ after ‘‘At25 torney General’’; 
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1 (2) in clause (ii), by striking ‘‘Attorney General’’ 

2 and inserting ‘‘Secretary of Homeland Security’’; 

3 (3) in clause (iii)— 

4 (A) in subclause (II), by striking ‘‘and’’ at 

5 the end; 

6 (B) in subclause (III), by striking the pe7 riod at the end and inserting ‘‘; or’’; and 

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

9 ‘‘(IV) responding to and cooper10 ating with requests for evidence and 

11 information.; and 

12 (4) by striking ‘‘investigation and prosecution’’ 

13 each place it appears and inserting ‘‘investigation or 

14 prosecution’’. 

15 (b) TRAFFICKING VICTIM REGULATIONS.—Section 

16 107(c) of the Trafficking Victims Protection Act of 2000 (22 

17 U.S.C. 7105(c)) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 inserting ‘‘, the Secretary of Homeland Security,’’ 

20 after ‘‘Attorney General’’; and 

21 (2) in paragraph (3)— 

22 (A) by striking ‘‘Federal law enforcement 

23 officials’’ and inserting ‘‘The Department of 

24 Homeland Security’’; and 
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1 (B) by adding at the end the following: 

2 ‘‘State or local law enforcement officials may pe3 tition the Department of Homeland Security for 

4 the continued presence for trafficking victims. If 

5 such a petition contains a certification that a 

6 trafficking victim is a victim of a severe form of 

7 trafficking, the presence of the trafficking victim 

8 may be permitted in accordance with this para9 graph.’’. 

10 (c) PROTECTION FROM REMOVAL FOR CERTAIN CRIME

11 VICTIMS.—Section 107(e)(5) of the Trafficking Victims Pro12 tection Act of 2000 (22 U.S.C. 7105(e)(5)) is amended by 

13 striking ‘‘Attorney General’’ each place it occurs and insert14 ing ‘‘Secretary of Homeland Security’’. 

15 (d) ANNUAL REPORT.—Section 107(g) of the Traf16 ficking Victims Protection Act of 2000 (22 U.S.C. 7105(g)) 

17 is amended by inserting ‘‘or the Secretary of Homeland Se18 curity’’ after ‘‘Attorney General’’. 

19 SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE. 

20 (a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of 

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

22 1154(a)(1)(D)) is amended— 

23 (1) in clause (i)— 
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1 (A) in subclause (I), by inserting ‘‘or sec2 tion 204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ each 

3 place it appears; and 

4 (B) in subclause (III), by striking ‘‘a peti5 tioner for preference status under paragraph (1), 

6 (2), or (3) of section 203(a), whichever para7 graph is applicable,’’ and inserting ‘‘a VAWA 

8 self-petitioner’’; and 

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

10 ‘‘(iv) Any alien who benefits from this subparagraph 

11 may adjust status in accordance with subsections (a) and 

12 (c) of section 245 as an alien having an approved petition 

13 for classification under subparagraph (A)(iii), (A)(iv), 

14 (B)(ii), or (B)(iii).’’. 

15 (b) APPLICATION OF CSPA PROTECTIONS.— 

16 (1) IMMEDIATE RELATIVE RULES.—Section 

17 201(f) of the Immigration and Nationality Act (8 

18 U.S.C. 1151(f)) is amended by adding at the end the 

19 following: 

20 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para21 graphs (1) through (3) shall apply to self-petitioners 

22 and derivatives of self-petitioners.’’. 

23 (2) CHILDREN RULES.—Section 203(h) of the 

24 Immigration and Nationality Act (8 U.S.C. 1153(h)) 

25 is amended by adding at the end the following: 
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1 ‘‘(4) APPLICATION TO SELF-PETITIONS.—Para2 graphs (1) through (3) shall apply to self-petitioners 

3 and derivatives of self-petitioners.’’. 

4 (c) LATE PETITION PERMITTED FOR IMMIGRANT SONS

5 AND DAUGHTERS BATTERED AS CHILDREN.— 

6 (1) IN GENERAL.—Section 204(a)(1)(D) of the 

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

8 1154(a)(1)(D)), as amended by subsection (a), is fur9 ther amended by adding at the end the following: 

10 ‘‘(v) For purposes of this paragraph, an individual 

11 who is not less than 21 years of age, who qualified to file 

12 a petition under subparagraph (A)(iv) as of the day before 

13 the date on which the individual attained 21 years of age, 

14 and who did not file such a petition before such day, shall 

15 be treated as having filed a petition under such subpara16 graph as of such day if a petition is filed for the status 

17 described in such subparagraph before the individual at18 tains 25 years of age and the individual shows a connection 

19 between the abuse and the filing delay. Clauses (i) through 

20 (iv) of this subparagraph shall apply to an individual de21 scribed in this clause in the same manner as an individual 

22 filing a petition under subparagraph (A)(iv).’’. 

23 (d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY

24 REQUIREMENT FOR BATTERED ADOPTED CHILDREN.—Sec25 tion 101(b)(1)(E)(i) of the Immigration and Nationality 
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1 Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting be2 fore the colon the following: ‘‘or if the child has been battered 

3 or subject to extreme cruelty by the adopting parent or by 

4 a family member of the adopting parent residing in the 

5 same household’’. 

6 Subtitle B—VAWA Self-Petitioners 

7 SEC. 811. DEFINITION OF VAWA SELF-PETITIONER. 

8 Section 101(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1101(a)) is amended by adding at the end 

10 the following: 

11 ‘‘(51) The term ‘VAWA self-petitioner’ means an 

12 alien, or a child of the alien, who qualifies for relief 

13 under— 

14 ‘‘(A) clause (iii), (iv), or (vii) of section 

15 204(a)(1)(A); 

16 ‘‘(B) clause (ii) or (iii) of section 

17 204(a)(1)(B); 

18 ‘‘(C) section 216(c)(4)(C); 

19 ‘‘(D) the first section of Public Law 89–732 

20 (8 U.S.C. 1255 note) (commonly known as the 

21 Cuban Adjustment Act) as a child or spouse who 

22 has been battered or subjected to extreme cruelty; 

23 ‘‘(E) section 902(d)(1)(B) of the Haitian 

24 Refugee Immigration Fairness Act of 1998 (8 

25 U.S.C. 1255 note); 
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1 ‘‘(F) section 202(d)(1) of the Nicaraguan 

2 Adjustment and Central American Relief Act; or 

3 ‘‘(G) section 309 of the Illegal Immigration 

4 Reform and Immigrant Responsibility Act of 

5 1996 (division C of Public Law 104–208).’’. 

6 SEC. 812. APPLICATION TO FIANCEES WHO DO NOT MARRY 

7 WITHIN 90 DAY PERIOD. 

8 (a) IN GENERAL.—Section 214(d) of the Immigration 

9 and Nationality Act (8 U.S.C. 1184(d)) is amended by in10 serting before the period at the end the following: ‘‘, unless 

11 the alien is eligible for status as a VAWA self-petitioner, 

12 for relief under section 240A(b)(2), or for relief under sec13 tion 244(a)(3) (as in effect prior to March 31, 1997), and 

14 the alien married the United States citizen who filed the 

15 petition under section 101(a)(15)(K)(i)’’. 

16 (b) EXEMPTION FOR BATTERED IMMIGRANT WOMEN

17 WHO ENTERED THE UNITED STATES ON FINANCE VISAS

18 FROM CONDITIONAL RESIDENCY STATUS REQUIREMENT.— 

19 Section 245(d) of the Immigration and Nationality Act (8 

20 U.S.C. 1255(d)) is amended— 

21 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) The failure of a nonimmigrant described in sec24 tion 101(a)(15)(K) to marry within 3 months of being ad25 mitted in such status does not restrict the Secretary of 
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•S 1197 RS 

1 Homeland Security’s or the Attorney General’s authority 

2 to adjust the status of the nonimmigrant, or grant relief 

3 under section 240A(b)(2), or under section 244(a)(3) (as in 

4 effect prior to March 31, 1997), provided that— 

5 ‘‘(A) the alien married the United States citizen 

6 who filed the petition under section 101(a)(15)(K)(i); 

7 ‘‘(B) the United States citizen petitioner sub8 jected a VAWA self-petitioner to battery or extreme 

9 cruelty; and 

10 ‘‘(C) the alien shows a connection between the 

11 battery or extreme cruelty and the failure to marry 

12 within the 90-day period.’’. 

13 SEC. 813. APPLICATION IN CASE OF VOLUNTARY DEPAR14 TURE. 

15 Section 240B(d) of the Immigration and Nationality 

16 Act (8 U.S.C. 1229c(d)) is amended to read as follows: 

17 ‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), if 

19 an alien is permitted to depart voluntarily under this 

20 section and voluntarily fails to depart the United 

21 States within the time period specified, the alien— 

22 ‘‘(A) shall be subject to a civil penalty of 

23 not less than $1,000 and not more than $5,000; 

24 and 
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1 ‘‘(B) shall be ineligible, for a period of 10 

2 years, to receive any further relief under this sec3 tion and sections 240A, 245, 248, and 249. 

4 ‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The 

5 restrictions on relief under paragraph (1) shall not 

6 apply to relief under section 240A or 245 on the basis 

7 of a petition filed by a VAWA self-petitioner, or a pe8 tition filed under section 240A(b)(2), or under section 

9 244(a)(3) (as in effect prior to March 31, 1997),if the 

10 extreme cruelty or battering occurred before the alien 

11 overstayed the grant of voluntary departure. 

12 ‘‘(3) NOTICE OF PENALTIES.—The order permit13 ting an alien to depart voluntarily shall inform the 

14 alien of the penalties under this subsection.’’. 

15 SEC. 814. REMOVAL PROCEEDINGS. 

16 (a) EXCEPTIONAL CIRCUMSTANCES.— 

17 (1) IN GENERAL.—Section 240(e)(1) of the Im18 migration and Nationality Act (8 U.S.C. 

19 1229a(e)(1)) is amended by striking ‘‘serious illness of 

20 the alien’’ and inserting ‘‘battery or extreme cruelty 

21 to the alien or any child or parent of the alien, seri22 ous illness of the alien,’’. 

23 (2) EFFECTIVE DATE.—The amendment made by 

24 paragraph (1) shall apply to a failure to appear that 
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1 occurs before, on, or after the date of the enactment 

2 of this Act. 

3 (b) DISCRETION TO CONSENT TO AN ALIEN’S RE4 APPLICATION FOR ADMISSION.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security, the Attorney General, and the Secretary of 

7 State shall continue to have discretion to consent to 

8 an alien’s reapplication for admission after a pre9 vious order of removal, deportation, or exclusion. 

10 (2) SENSE OF CONGRESS.—It is the sense of 

11 Congress that the officials described in paragraph (1) 

12 should particularly consider exercising this authority 

13 in cases under the Violence Against Women Act of 

14 1994, cases involving nonimmigrants described in 

15 subparagraph (T) or (U) of section 101(a)(15) of the 

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

17 1101(a)(15)), and relief under section 240A(b)(2) or 

18 244(a)(3) of such Act (as in effect on March 31, 1997) 

19 pursuant to regulations under section 212.2 of title 8, 

20 Code of Federal Regulations. 

21 (c) RESTRICTION ON REMOVAL WHILE VAWA PETI22 TION PENDING.— 

23 (1) IN GENERAL.—Section 240 of the Immigra24 tion and Nationality Act (8 U.S.C. 1229a) is amend25 ed by adding at the end the following: 
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1 ‘‘(f) RESTRICTION ON REMOVAL WHILE PETITION

2 PENDING.—An alien who is a VAWA self-petitioner, the 

3 beneficiary under subparagraph (T) or (U) of section 

4 101(a)(15) who meets the requirement of section 240A(b)(2) 

5 or subparagraphs (A) through (C) of section 216(c)(4), or 

6 who qualifies for relief under section 244(a)(3) (as in effect 

7 on March 31, 1997)— 

8 ‘‘(1) shall not be removed or deported until the 

9 Bureau of Immigration and Customs Enforcement 

10 has consulted with the Bureau of Citizenship and Im11 migration Services to determine whether the alien is 

12 entitled to any form of relief; and 

13 ‘‘(2) shall not be detained while in removal pro14 ceedings, unless mandatory detention is required 

15 under section 236A or 236(c).’’. 

16 (2) WAIVERS AND EXCEPTIONS.—Section 

17 236(c)(2) of the Immigration and Nationality Act (8 

18 U.S.C. 1226) is amended— 

19 (A) in paragraph (2) by inserting ‘‘(A)’’ be20 fore ‘‘The Attorney General may release an alien 

21 described in paragraph (1) only’’; and 

22 (B) adding at the end the following: 

23 ‘‘(B) The Secretary of Homeland Security 

24 or the Attorney General may release on their 

25 own recognizance an alien described in para-
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•S 1197 RS 

1 graph (1) if the Secretary or the Attorney Gen2 eral determines that the alien may qualify for— 

3 ‘‘(i) a waiver under section 212(d)(13), 

4 212(d)(14), 212(h), 237(a)(2)(A)(v), or 

5 237(a)(7); or 

6 ‘‘(ii) an exception under section 

7 204(a)(1)(C); or 

8 ‘‘(iii) relief under section 240A(a).’’. 

9 (d) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE

10 WAIVER AUTHORITY IN CANCELLATION OF REMOVAL.— 

11 (1) IN GENERAL.—Section 240A(b) of the Immi12 gration and Nationality Act (8 U.S.C. 1229b(b)) is 

13 amended— 

14 (A) in paragraph (1)(C), by striking ‘‘(ex15 cept in a case described in section 237(a)(7) 

16 where the Attorney General exercises discretion 

17 to grant a waiver)’’ and inserting ‘‘, subject to 

18 paragraph (5)’’; 

19 (B) in paragraph (2)(A)(iv), by striking 

20 ‘‘(except in a case described in section 237(a)(7) 

21 where the Attorney General exercises discretion 

22 to grant a waiver)’’ and inserting ‘‘, subject to 

23 paragraph (5)’’; and 

24 (C) by adding at the end the following: 
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•S 1197 RS 

1 ‘‘(5) APPLICATION OF DOMESTIC VIOLENCE WAIV2 ER AUTHORITY.—The authority provided under sec3 tion 237(a)(7) may apply under paragraphs (1)(B), 

4 (1)(C), and (2)(A)(iv) in a cancellation of removal 

5 and adjustment of status proceeding.’’. 

6 SEC. 815. ELIMINATING ABUSERS’ CONTROL OVER APPLICA7 TIONS FOR ADJUSTMENTS OF STATUS. 

8 (a) APPLICATION OF VAWA DEPORTATION PROTEC9 TIONS TO ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN

10 ADJUSTMENT AND HAITIAN REFUGEE IMMIGRATION FAIR11 NESS ACT.—Section 1506(c)(2) of the Violence Against 

12 Women Act of 2000 (8 U.S.C. 1229a note; division B of 

13 Public Law 106–386) is amended— 

14 (1) in subparagraph (A)— 

15 (A) by amending clause (i) to read as fol16 lows: 

17 ‘‘(i) if the basis of the motion is to 

18 apply for relief under— 

19 ‘‘(I) clause (iii) or (iv) of section 

20 204(a)(1)(A) of the Immigration and 

21 Nationality Act (8 U.S.C. 

22 1154(a)(1)(A)); 

23 ‘‘(II) clause (ii) or (iii) of section 

24 204(a)(1)(B) of such Act (8 U.S.C. 

25 1154(a)(1)(B)); 
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1 ‘‘(III) section 244(a)(3) of such 

2 Act (8 U.S.C. 8 U.S.C. 1254(a)(3)); 

3 ‘‘(IV) the first section of Public 

4 Law 89–732 (8 U.S.C. 1255 note) 

5 (commonly known as the Cuban Ad6 justment Act) as a child or spouse who 

7 has been battered or subjected to ex8 treme cruelty; or 

9 ‘‘(V) section 902(d)(1)(B) of the 

10 Haitian Refugee Immigration Fairness 

11 Act of 1998 (8 U.S.C. 1255 note); 

12 and’’; and 

13 (B) in clause (ii), by inserting ‘‘or adjust14 ment of status’’ after ‘‘suspension of deporta15 tion’’; and 

16 (2) in subparagraph (B)(ii), by striking ‘‘for re17 lief’’ and all that follows through ‘‘1101 note))’’ and 

18 inserting ‘‘for relief described in subparagraph 

19 (A)(i)’’. 

20 (b) EMPLOYMENT AUTHORIZATION FOR VAWA SELF21 PETITIONERS.—Section 204(a)(1) of the Immigration and 

22 Nationality Act (8 U.S.C. 1154(a)(1)) is amended by add23 ing at the end the following: 

24 ‘‘(l) Upon the approval of a petition as a VAWA self25 petitioner, the alien— 
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•S 1197 RS 

1 ‘‘(i) is eligible for work authorization; and 

2 ‘‘(ii) shall be provided an ‘employment author3 ized’ endorsement or appopriate work permit inci4 dental to such approval.’’. 

5 SEC. 816. APPLICATION FOR VAWA-RELATED RELIEF. 

6 (a) IN GENERAL.—Section 202(d)(1) of the Nica7 raguan Adjustment and Central American Relief Act (8 

8 U.S.C. 1255 note; Public Law 105–100) is amended— 

9 (1) in subparagraph (B)(ii), by inserting ‘‘, or 

10 was eligible for adjustment,’’ after ‘‘whose status is 

11 adjusted’’; and 

12 (2) in subparagraph (E), by inserting ‘‘, or, in 

13 the case of an alien who qualifies under subparagraph 

14 (B)(ii), applies for such adjustment during the 18- 

15 month period beginning on the date of enactment of 

16 the Violence Against Women Act of 2005’’ after ‘‘April 

17 1, 2000’’. 

18 (b) TECHNICAL AMENDMENT.—Section 202(d)(3) of 

19 such Act (8 U.S.C. 1255 note; Public Law 105–100) is 

20 amended by striking ‘‘204(a)(1)(H)’’ and inserting 

21 ‘‘204(a)(1)(J)’’. 

22 (c) EFFECTIVE DATE.—The amendment made by sub23 section (b) shall take effect as if included in the enactment 

24 of the Violence Against Women Act of 2000 (division B of 

25 Public Law 106–386; 114 Stat. 1491). 
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1 SEC. 817. SELF-PETITIONING PARENTS. 

2 Section 204(a)(1)(A) of the Immigration and Nation3 ality Act (8 U.S.C. 1154(a)(1)(A)) is amended by adding 

4 at the end the following: 

5 ‘‘(vii) An alien may file a petition with the Secretary 

6 of Homeland Security under this subparagraph for classi7 fication of the alien under section 201(b)(2)(A)(i) if the 

8 alien— 

9 ‘‘(I) is the parent of a citizen of the United 

10 States or was a parent of a citizen of the United 

11 States who, within the past 2 years, lost or renounced 

12 citizenship status related to an incident of domestic 

13 violence or died; 

14 ‘‘(II) is a person of good moral character; 

15 ‘‘(III) is eligible to be classified as an immediate 

16 relative under section 201(b)(2)(A)(i); 

17 ‘‘(IV) resides, or has resided, with the citizen 

18 daughter or son; and 

19 ‘‘(V) demonstrates that the alien has been bat20 tered or subject to extreme cruelty by the citizen 

21 daughter or son.’’. 

22 SEC. 818. VAWA CONFIDENTIALITY NON-DISCLOSURE. 

23 Section 384 of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (8 U.S.C. 1367(a)) 

25 is amended— 

26 (1) in subsection (a)— 
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•S 1197 RS 

1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘(including any bureau or agency of 

3 such Department)’’ and inserting ‘‘, the Sec4 retary of Homeland Security, the Secretary of 

5 State, or any other official or employee of the 

6 Department of Homeland Security or Depart7 ment of State (including any bureau or agency 

8 of either of such Departments)’’; and 

9 (B) in paragraph (1)— 

10 (i) in subparagraph (D), by striking 

11 ‘‘or’’ at the end; 

12 (ii) in subparagraph (E), by adding 

13 ‘‘or’’ at the end; and 

14 (iii) by inserting after subparagraph 

15 (E) the following: 

16 ‘‘(F) in the case of an alien applying for 

17 status under section 101(a)(15)(T) of the Immi18 gration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(T)), under section 

20 107(b)(1)(E)(i)(II)(bb) of the Trafficking Victims 

21 Protection Act of 2000 (22 U.S.C. 7105), under 

22 section 244(a)(3) of the Immigration and Na23 tionality Act (8 U.S.C. 1254a(a)(3)), as in effect 

24 prior to March 31, 1999, or as a VAWA self-peti25 tioner (as defined in section 101(a)(51) of the 
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•S 1197 RS 

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

2 1101(a)(51)), the trafficker or perpetrator,’’. 

3 (2) in subsection (b)(2), by inserting ‘‘or his 

4 other designee’’ after ‘‘the discretion of the Attorney 

5 General.’’. 

6 Subtitle C—Miscellaneous 

7 Amendments 

8 SEC. 821. DURATION OF T AND U VISAS. 

9 (a) T VISAS.—Section 214(o) of the Immigration and 

10 Nationality Act (8 U.S.C. 1184(o)) is amended by adding 

11 at the end the following: 

12 ‘‘(7)(A) Except as provided in subparagraph (B), an 

13 alien who is issued a visa or otherwise provided non14 immigrant status under section 101(a)(15)(T) may be 

15 granted such status for a period of not more than 4 years. 

16 ‘‘(B) An alien who is issued a visa or otherwise pro17 vided nonimmigrant status under section 101(a)(15)(T) 

18 may extend the period of such status beyond the period de19 scribed in subparagraph (A) if a Federal, State, or local 

20 law enforcement official, prosecutor, judge, or other author21 ity investigating or prosecuting activity relating to human 

22 trafficking or certifies that the presence of the alien in the 

23 United States is necessary to assist in the investigation or 

24 prosecution of such activity.’’. 
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1 (b) U VISAS.—Section 214(p) of the Immigration and 

2 Nationality Act (8 U.S.C. 1184(p)) is amended by adding 

3 at the end the following: 

4 ‘‘(6) DURATION OF STATUS.—The authorized pe5 riod of status of an alien as a nonimmigrant under 

6 section 101(a)(15)(U) shall be 4 years, but shall be ex7 tended upon certification from a Federal, State, or 

8 local law enforcement official, prosecutor, judge, or 

9 other Federal, State, or local authority investigating 

10 or prosecuting criminal activity described in section 

11 101(a)(15)(U)(iii) that the alien’s presence in the 

12 United States is required to assist in the investigation 

13 or prosecution of such criminal activity.’’. 

14 (c) PERMITTING CHANGE OF NONIMMIGRANT STATUS

15 TO T AND U NONIMMIGRANT STATUS.— 

16 (1) IN GENERAL.—Section 248 of the Immigra17 tion and Nationality Act (8 U.S.C. 1258) is amend18 ed— 

19 (A) by striking ‘‘The Attorney General’’ and 

20 inserting ‘‘(a) The Secretary of Homeland Secu21 rity’’; 

22 (B) by inserting ‘‘(subject to subsection 

23 (b))’’ after ‘‘except’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(b) The exceptions specified in paragraphs (1) 

2 through (4) of subsection (a) shall not apply to a change 

3 of nonimmigrant classification to that of a nonimmigrant 

4 under subparagraph (T) or (U) of section 101(a)(15).’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 214(l)(2)(A) of the Immigration and Nationality Act 

7 (8 U.S.C. 1184(l)(2)(A)) is amended by striking 

8 ‘‘248(2)’’ and inserting ‘‘248(a)(2)’’. 

9 SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN AP10 PLICATION OF SPECIAL PHYSICAL PRESENCE 

11 AND GOOD MORAL CHARACTER RULES. 

12 (a) PHYSICAL PRESENCE RULES.—Section 

13 240A(b)(2)(B) of the Immigration and Nationality Act (8 

14 U.S.C. 1229b(b)(2)(B)) is amended— 

15 (1) in the first sentence, by striking ‘‘(A)(i)(II)’’ 

16 and inserting ‘‘(A)(ii)’’; and 

17 (2) in the fourth sentence, by striking ‘‘subsection 

18 (b)(2)(B) of this section’’ and inserting ‘‘this subpara19 graph, subparagraph (A)(ii),’’. 

20 (b) MORAL CHARACTER RULES.—Section 

21 240A(b)(2)(C) of the Immigration and Nationality Act (8 

22 U.S.C. 1229b(b)(2)(C)) is amended by striking 

23 ‘‘(A)(i)(III)’’ and inserting ‘‘(A)(iii)’’. 

24 (c) CORRECTION OF CROSS-REFERENCE ERROR IN AP25 PLYING GOOD MORAL CHARACTER.— 
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1 (1) IN GENERAL.—Section 101(f)(3) of the Immi2 gration and Nationality Act (8 U.S.C. 1101(f)(3)) is 

3 amended by striking ‘‘(9)(A)’’ and inserting 

4 ‘‘(10)(A)’’. 

5 (2) EFFECTIVE DATE.—The amendment made by 

6 paragraph (1) shall be effective as if included in sec7 tion 603(a)(1) of the Immigration Act of 1990 (Public 

8 Law 101–649; 104 Stat. 5082). 

9 SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER 

10 SPOUSES UNDER CUBAN ADJUSTMENT. 

11 (a) IN GENERAL.—The first section of Public Law 89– 

12 732 (8 U.S.C. 1255 note) (commonly known as the Cuban 

13 Adjustment Act) is amended— 

14 (1) in the last sentence, by striking 

15 ‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’; and 

16 (2) by adding at the end the following: ‘‘An alien 

17 who was the spouse of any Cuban alien described in 

18 this section and has resided with such spouse shall 

19 continue to be treated as such a spouse for 2 years 

20 after the date on which the Cuban alien dies (or, if 

21 later, 2 years after the date of enactment of Violence 

22 Against Women Act of 2005), or for 2 years after the 

23 date of termination of the marriage (or, if later, 2 

24 years after the date of enactment of Violence Against 

25 Women Act of 2005) if there is demonstrated a con-
500 

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1 nection between the termination of the marriage and 

2 the battering or extreme cruelty by the Cuban alien.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a)(1) shall take effect as if included in the enact5 ment of the Violence Against Women Act of 2000 (division 

6 B of Public Law 106–386; 114 Stat. 1491). 

7 SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLI8 CANTS. 

9 (a) IN GENERAL.—Section 902(d)(1)(B) of the Hai10 tian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 

11 1255 note) is amended— 

12 (1) in clause (i), by striking ‘‘whose status is ad13 justed to that of an alien lawfully admitted for per14 manent residence’’ and inserting ‘‘who is or was eligi15 ble for classification’’; 

16 (2) in clause (ii), by striking ‘‘whose status is 

17 adjusted to that of an alien lawfully admitted for per18 manent residence’’ and inserting ‘‘who is or was eligi19 ble for classification’’; and 

20 (3) in clause (iii), by striking ‘‘204(a)(1)(H)’’ 

21 and inserting ‘‘204(a)(1)(J)’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a)(3) shall take effect as if included in the enact24 ment of the Violence Against Women Act of 2000 (division 

25 B of Public Law 106–386; 114 Stat. 1491). 
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1 SEC. 825. DEPORTATION PROCEEDINGS. 

2 (a) DEPORTATION OR REMOVAL PROCEEDINGS.— 

3 (1) IN GENERAL.—Section 240(c)(6)(C) of the 

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

5 1229a(c)(6)(C)) is amended— 

6 (A) in clause (iv), by striking ‘‘The deadline 

7 specified in subsection (b)(5)(C) for filing a mo8 tion to reopen does not apply—’’ and inserting 

9 ‘‘No limitation on number of motions or on 

10 deadlines for filing motions under other provi11 sions of this section shall apply—’’; and 

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

13 ‘‘(v) STAY OF REMOVAL.—The filing of 

14 the motion described in clause (iv) shall 

15 stay the removal of the alien pending a 

16 final disposition of the motion, including 

17 the exhaustion of all appeals. Only 1 special 

18 motion under clause (iv) is permitted.’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by paragraph (1) shall take effect as if included in 

21 the enactment of section 442(a) of the Antiterrorism 

22 and Effective Death Penalty Act of 1996 (Public Law 

23 104–132; 110 Stat. 1279). 

24 (b) MOTIONS TO REOPEN DEPORTATION PRO25 CEEDINGS.—Section 1506(c)(2)(A) of the Violence Against 
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1 Women Act of 2000 (division B of Public Law 106–386; 

2 8 U.S.C. 1229a note) is amended— 

3 (1) by inserting ‘‘on number of motions or dead4 lines for filing motions’’ after ‘‘Notwithstanding any 

5 limitation’’; 

6 (2) by inserting ‘‘, deadline, or limit on number 

7 of motions’’ after ‘‘there is no time limit’’; and 

8 (3) by striking ‘‘, and the’’ and inserting ‘‘. The 

9 filing of a motion described in clauses (i) and (ii) 

10 shall stay the removal of the aliens pending a final 

11 disposition of the motion, including the exhaustion of 

12 all appeals. Only 1 motion under clauses (i) and (ii) 

13 is permitted. The’’. 

14 (c) CONFORMING AMENDMENTS.—Section 212(a) of the 

15 Immigration and Nationality Act (8 U.S.C. 1182(a)) is 

16 amended— 

17 (1) in paragraph (6)(A)(ii)(III), by striking 

18 ‘‘substantial’’; and 

19 (2) in paragraph (9)(B)(iii)(IV), by striking 

20 ‘‘who would be described in paragraph (6)(A)(ii)’’ 

21 and inserting ‘‘who demonstrates that the alien is de22 scribed in subclauses (I) and (II) of paragraph 

23 (b)(A)(ii)’’. 
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1 SEC. 826. PROTECTING ABUSED JUVENILES. 

2 Section 287 of the Immigration and Nationality Act 

3 (8 U.S.C. 1357), as amended by section 726, is further 

4 amended by adding at the end the following— 

5 ‘‘(i) An alien described in section 101(a)(27)(J) of the 

6 Immigration and Nationality Act who has been battered, 

7 abused, neglected, or abandoned, shall not be compelled to 

8 contact the alleged abuser (or family member of the alleged 

9 abuser) at any stage of applying for special immigrant ju10 venile status, including after a request for the consent of 

11 the Secretary of Homeland Security under section 

12 101(a)(27)(J)(iii)(I) of such Act.’’. 

13 SEC. 827. EXCEPTION FOR THE PROTECTION OF DOMESTIC 

14 VIOLENCE AND CRIME VICTIMS. 

15 (a) Section 202 of the Real ID Act of 2005 (49 U.S.C. 

16 30301 note; 119 Stat. 312) is amended by adding at the 

17 end the following: 

18 ‘‘(e) EXCEPTION FOR THE PROTECTION OF VICTIMS OF

19 DOMESTIC VIOLENCE AND CRIME.— 

20 ‘‘(1) ALTERNATIVE VALID ADDRESS AUTHORIZED

21 FOR VICTIM PROTECTION AND CONFIDENTIALITY.— 

22 Victims who have been subjected to battery, extreme 

23 cruelty, domestic violence, dating violence, sexual as24 sault or stalking may be exempt from the require25 ments of section 202(b)(6) and permitted to use an al-
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1 ternate address on their driver’s license or identifica2 tion card if the applicant— 

3 ‘‘(A) is enrolled in a State address confiden4 tiality program; 

5 ‘‘(B) has been permitted by a Federal, 

6 State, tribal, territorial, or local court (as de7 fined in section 2266 of title 18, United States 

8 Code) to keep the applicant’s address or location 

9 confidential as part of a protection order (as de10 fined in such section 2266) or other injunctive 

11 relief to protect the applicant from domestic vio12 lence, dating violence, sexual assault, or stalking; 

13 ‘‘(C) is determined by the Center for Secu14 rity and Integrity of the Social Security Admin15 istration, which is responsible for requests for 

16 changes of information in social security ac17 counts as of May 1, 2005, to have been a victim 

18 of battery, extreme cruelty, domestic violence, 

19 dating violence, sexual assault or stalking under 

20 section 422.110 of title 20, Code of Federal Regu21 lations; or 

22 ‘‘(D) has received a prima facie determina23 tion or an approved petition as a VAWA self-pe24 titioner (as defined in section 101(a)(51) of the 

25 Immigration and Nationality Act); 
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1 ‘‘(E) has received a bona fide determination 

2 or an approved application under subparagraph 

3 (T) of section 101(a)(15); 

4 ‘‘(F) has received interim relief or an ap5 proved application under subparagraph (U) of 

6 section 101(a)(15); 

7 ‘‘(G) has received continued presence or cer8 tification under section 107 of the Victims of 

9 Trafficking and Violence Protection Act of 2000 

10 (22 U.S.C. 7105); 

11 ‘‘(H) meets the requirements of section 

12 240A(b)(2) of the Immigration and Nationality 

13 Act; or 

14 ‘‘(I) qualifies for relief under section 

15 244(a)(3) of such Act (as in effect on March 31, 

16 1997). 

17 ‘‘(2) ALTERNATIVE ADDRESS.—To meet the re18 quirements of this section, a State may issue drivers’ 

19 licenses by— 

20 ‘‘(A) accepting any documentation from the 

21 entities described in paragraph (1) that distin22 guishes the alternative address as a substitute to 

23 the principal residential address; 
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1 ‘‘(B) printing the alternative address on the 

2 applicant’s driver’s license or identification 

3 card; and 

4 ‘‘(C) entering the alternative address into 

5 the state’s driver license database. 

6 ‘‘(3) FILING AND APPROVAL OF APPLICATIONS.— 

7 ‘‘(A) FILING.—Victims shall file applica8 tions requesting permission to use an alternative 

9 address with the Center for Security and Integ10 rity of the Social Security Administration. 

11 ‘‘(B) APPROVAL.—The Social Security Ad12 ministration shall issue an approval notice con13 taining the alternative address authorized. 

14 ‘‘(4) CONFIDENTIALITY OF INFORMATION.—The 

15 Secretary of Health and Human Services and any 

16 other official or employee of the Department of Health 

17 and Human Services, or administration or bureau 

18 thereof, may not— 

19 ‘‘(A) use the information furnished by the 

20 applicant pursuant to an application for alter21 native address filed under this section for any 

22 purpose other than to make a determination on 

23 the application; 
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1 ‘‘(B) make any publication whereby the in2 formation furnished by any particular indi3 vidual can be identified; or 

4 ‘‘(C) permit any person other than the 

5 sworn officers and employees of the Department 

6 or administration or bureau to access such infor7 mation. 

8 ‘‘(5) DEFINITIONS.—For the purposes of this sec9 tion— 

10 ‘‘(A) the term ‘State address confidentiality 

11 program’ means any State-authorized or State12 administered program that— 

13 ‘‘(i) allows victims of domestic vio14 lence, dating violence, sexual assault, stalk15 ing, or a severe form of trafficking to keep, 

16 obtain and use alternative addresses; or 

17 ‘‘(ii) that provides confidential record18 keeping regarding the addresses of such vic19 tims; 

20 ‘‘(B) the term ‘battering or extreme cruelty’ 

21 has the meanings given the term in sections 204, 

22 216, and 240 of the Immigration and Nation23 ality Act (8 U.S.C. 1154, 1186a, and 1229a); 

24 and 
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1 ‘‘(C) the terms ‘domestic violence’, ‘dating 

2 violence’, ‘sexual assault’, and ‘stalking’ have the 

3 meanings given the terms in section 2008 of the 

4 Violence Against Women Act.’’. 

5 SEC. 828. RULEMAKING. 

6 Not later than 180 days after the date of enactment 

7 of this Act, the Attorney General, the Secretary of Home8 land Security, and the Secretary of State shall promulgate 

9 regulations to implement the provisions contained in the 

10 Battered Immigrant Women Protection Act of 2000 (title 

11 V of Public Law 106–386), this Act, and the amendments 

12 made by this Act. 

13 Subtitle D—International Marriage 

14 Broker Regulation 

15 SEC. 831. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘International Mar17 riage Broker Regulation Act of 2005’’. 

18 SEC. 832. DEFINITIONS. 

19 In this subtitle: 

20 (a) CRIME OF VIOLENCE.—The term ‘‘crime of vio21 lence’’ has the meaning given such term in section 16 of 

22 title 18, United States Code. 

23 (b) DOMESTIC VIOLENCE.—The term ‘‘domestic vio24 lence’’ means any crime of violence, or other act forming 

25 the basis for a past or outstanding protective order, re-
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1 straining order, no-contact order, conviction, arrest, or po2 lice report, committed against a person by— 

3 (1) a current or former spouse of the person; 

4 (2) an individual with whom the person shares 

5 a child in common; 

6 (3) an individual with whom the person is co7 habiting or has cohabited; 

8 (4) an individual similarly situated to a spouse 

9 of the person under the domestic or family violence 

10 laws of the jurisdiction in which the offense occurs; or 

11 (5) any other individual if the person is pro12 tected from that individual’s acts pursuant to a court 

13 order issued under the domestic or family violence 

14 laws of the United States or any State, Indian tribal 

15 government, or unit of local government. 

16 (c) FOREIGN NATIONAL CLIENT.—The term ‘‘foreign 

17 national client’’ means an individual who is not a United 

18 States citizen, a national of the United States, or an alien 

19 lawfully admitted to the United States for permanent resi20 dence and who utilizes the services of an international mar21 riage broker, and includes an alien residing in the United 

22 States who is in the United States as a result of utilizing 

23 the services of an international marriage broker. 

24 (d) INTERNATIONAL MARRIAGE BROKER.— 
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1 (1) IN GENERAL.—The term ‘‘international mar2 riage broker’’ means a corporation, partnership, busi3 ness, individual, or other legal entity, whether or not 

4 organized under any law of the United States, that 

5 charges fees for providing dating, matrimonial, 

6 matchmaking services, or social referrals between 

7 United States clients and foreign national clients by 

8 providing personal contact information or otherwise 

9 facilitating communication between individuals from 

10 these respective groups. 

11 (2) EXCEPTIONS.—Such term does not include— 

12 (A) a traditional matchmaking organiza13 tion of a cultural or religious nature that oper14 ates on a nonprofit basis and in compliance with 

15 the laws of the countries in which it operates, in16 cluding the laws of the United States; or 

17 (B) an entity that provides dating services 

18 between United States citizens or residents and 

19 other individuals who may be aliens, but does 

20 not do so as its principal business, and charges 

21 comparable rates to all individuals it serves re22 gardless of the gender, country of citizenship, or 

23 residence of the individual. 

24 (e) K NONIMMIGRANT VISA.—The term ‘‘K non25 immigrant visa’’ means a nonimmigrant visa issued pursu-
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1 ant to clause (i) or (ii) of section 101(a)(15)(K) of the Im2 migration and Nationality Act (8 U.S.C. 1101(a)(15)(K)). 

3 (f) PERSONAL CONTACT INFORMATION.— 

4 (1) IN GENERAL.—The term ‘‘personal contact 

5 information’’ means information or a forum that 

6 would permit individuals to contact each other and 

7 includes— 

8 (A) the name, telephone number, postal ad9 dress, electronic mail address, and voice message 

10 mailbox of an individual; and 

11 (B) the provision of an opportunity for an 

12 in-person meeting. 

13 (2) EXCEPTION.—Such term does not include a 

14 photograph or general information about the back15 ground or interests of a person. 

16 (g) STATE.—The term ‘‘State’’ includes the District of 

17 Columbia, Puerto Rico, the Virgin Islands, Guam, and 

18 American Samoa. 

19 (h) UNITED STATES CLIENT.—The term ‘‘United 

20 States client’’ means a United States citizen or other indi21 vidual who resides in the United States and who makes a 

22 payment or incurs a debt in order to utilize the services 

23 of an international marriage broker. 
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1 SEC. 833. REGULATION OF INTERNATIONAL MARRIAGE 

2 BROKERS. 

3 (a) PROHIBITION ON MARKETING CHILDREN.—An 

4 international marriage broker shall not provide any United 

5 States client or other person with the personal contact infor6 mation, photograph, or general information about the back7 ground or interests of any individual under the age of 18. 

8 (b) LIMITATIONS ON SHARING INFORMATION REGARD9 ING FOREIGN NATIONAL CLIENTS.— 

10 (1) IN GENERAL.—An international marriage 

11 broker shall not provide any United States client or 

12 other person with the personal contact information of 

13 any foreign national client or other individual 18 

14 years of age or older unless and until the inter15 national marriage broker has— 

16 (A) collected certain background informa17 tion from the United States client or other per18 son to whom the personal contact information 

19 would be provided, as specified in subsection (c); 

20 (B) provided a copy of that background in21 formation to the foreign national client or other 

22 individual in the primary language of that cli23 ent or individual; 

24 (C) provided to the foreign national client 

25 or other individual in such primary language 

26 the information about legal rights and resources 
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1 available to immigrant victims of domestic vio2 lence and other crimes in the United States de3 veloped under section 834; 

4 (D) received from the foreign national client 

5 or other individual in such primary language a 

6 written consent that is signed (including using 

7 an electronic signature) to release such personal 

8 contact information to the specific United States 

9 client or other person to whom the personal con10 tact information would be provided; and 

11 (E) informed the United States client or 

12 other person from whom background information 

13 has been collected that, after filing a petition for 

14 a K nonimmigrant visa, the United States client 

15 or other person will be subject to a criminal 

16 background check. 

17 (2) CONFIDENTIALITY AFTER ORDER OF PROTEC18 TION OR CRIME.— 

19 (A) NONDISCLOSURE OF INFORMATION RE20 GARDING INDIVIDUALS WITH PROTECTION OR21 DERS AND VICTIMS OF CRIMES.—In fulfilling its 

22 obligations under this subsection, an inter23 national marriage broker shall not disclose the 

24 name or location of an individual who obtained 

25 a restraining or protection order as described in 
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1 subsection (c)(2)(A), or of any other victim of a 

2 crime as described in subparagraphs (B) through 

3 (D) of subsection (c)(2). 

4 (B) DISCLOSURE OF INFORMATION REGARD5 ING UNITED STATES CLIENTS.—An international 

6 marriage broker shall disclose the relationship of 

7 the United States client or other person to an in8 dividual or victim described in paragraph (A). 

9 (c) OBLIGATIONS OF INTERNATIONAL MARRIAGE

10 BROKER WITH RESPECT TO MANDATORY COLLECTION OF

11 INFORMATION.— 

12 (1) IN GENERAL.—Each international marriage 

13 broker shall collect the background information listed 

14 in paragraph (2) from each United States client or 

15 other person to whom the personal contact informa16 tion of a foreign national client or any other indi17 vidual would be provided. The background informa18 tion must be in writing and signed (including using 

19 an electronic signature) by the United States client or 

20 other person to whom the personal contact informa21 tion of a foreign national client or any other indi22 vidual would be provided. 

23 (2) REQUIRED BACKGROUND INFORMATION.—An 

24 international marriage broker shall collect from a 

25 United States client or other person under paragraph 
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1 (1) background information about each of the fol2 lowing: 

3 (A) Any court order restricting the client’s 

4 or person’s physical contact or communication 

5 with or behavior towards another person, includ6 ing any temporary or permanent civil restrain7 ing order or protection order. 

8 (B) Any arrest or conviction of the client or 

9 person for homicide, murder, manslaughter, as10 sault, battery, domestic violence, rape, sexual as11 sault, abusive sexual contact, sexual exploitation, 

12 incest, child abuse or neglect, torture, trafficking, 

13 peonage, holding hostage, involuntary servitude, 

14 slave trade, kidnapping, abduction, unlawful 

15 criminal restraint, false imprisonment, stalking, 

16 or any similar activity in violation of Federal, 

17 State or local criminal law. 

18 (C) Any arrest or conviction of the client or 

19 person for— 

20 (i) solely or principally engaging in, 

21 or facilitating, prostitution; 

22 (ii) any direct or indirect attempts to 

23 procure prostitutes or persons for the pur24 pose of prostitution; or 
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1 (iii) any receipt, in whole or in part, 

2 of the proceeds of prostitution. 

3 (D) Any arrest or conviction of the client or 

4 person for offenses related to controlled sub5 stances or alcohol. 

6 (E) Marital history of the client or person, 

7 including— 

8 (i) whether the client or individual is 

9 currently married; 

10 (ii) whether the client or person has 

11 previously been married and how many 

12 times; 

13 (iii) how previous marriages of the cli14 ent or person were terminated and the date 

15 of termination; and 

16 (iv) whether the client or person has 

17 previously sponsored the immigration of an 

18 alien to whom the client or person was en19 gaged or married. 

20 (F) The ages of any children of the client or 

21 person under the age of 18. 

22 (G) All States in which the client or person 

23 has resided since the age of 18. 

24 (d) PENALTIES.— 

25 (1) FEDERAL CIVIL PENALTY.— 
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1 (A) VIOLATION.—An international mar2 riage broker that violates subsection (a), (b), or 

3 (c) is subject to a civil penalty of not less than 

4 $20,000 for each such violation. 

5 (B) PROCEDURES FOR IMPOSITION OF PEN6 ALTY.—The Secretary of Homeland Security 

7 may impose a penalty under paragraph (A) only 

8 after notice and an opportunity for an agency 

9 hearing on the record in accordance with sub10 chapter II of chapter 5 of title 5, United States 

11 Code. 

12 (2) FEDERAL CRIMINAL PENALTY.—An inter13 national marriage broker that violates subsection (a), 

14 (b), or (c) within the special maritime and territorial 

15 jurisdiction of the United States shall be fined in ac16 cordance with subchapter B of chapter 229 of title 18, 

17 United States Code, or imprisoned for not less than 

18 1 year and not more than 5 years, or both. 

19 (3) STATE ENFORCEMENT.—In any case in 

20 which the Attorney General of a State has reason to 

21 believe that an interest of the residents of that State 

22 has been, or is threatened to be, adversely affected by 

23 a violation of subsection (a), (b), or (c) by an inter24 national marriage broker, the State, as parens 

25 patriae, may bring a civil action on behalf of the resi-
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•S 1197 RS 

1 dents of the State in a district court of the United 

2 States with appropriate jurisdiction to— 

3 (A) enjoin that practice; 

4 (B) enforce compliance with this section; or 

5 (C) obtain damages. 

6 (4) ADDITIONAL REMEDIES.—The penalties and 

7 remedies under this subsection are in addition to any 

8 other penalties or remedies available under law. 

9 (e) NONPREEMPTION.—Nothing in this section shall 

10 preempt— 

11 (1) any State law that provides additional pro12 tections for aliens who are utilizing the services of an 

13 international marriage broker or other international 

14 matchmaking organization; or 

15 (2) any other or further right or remedy avail16 able under law to any party utilizing the services of 

17 an international marriage broker or other inter18 national matchmaking organization. 

19 (f) REPEAL OF MAIL-ORDER BRIDE PROVISION.—Sec20 tion 652 of the Illegal Immigration Reform and Immigrant 

21 Responsibility Act of 1996 (8 U.S.C. 1375) is hereby re22 pealed. 
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1 SEC. 834. INFORMATION ABOUT LEGAL RIGHTS AND RE2 SOURCES FOR IMMIGRANT VICTIMS OF DO3 MESTIC VIOLENCE. 

4 (a) DEVELOPMENT OF INFORMATION PAMPHLET.— 

5 (1) IN GENERAL.—The Secretary of Homeland 

6 Security, in consultation with the Secretary of State, 

7 shall develop an information pamphlet to ensure the 

8 consistency and accuracy of information disseminated 

9 to— 

10 (A) foreign national clients or other indi11 viduals by international marriage brokers pursu12 ant to section 833(b)(1)(C); and 

13 (B) beneficiaries of petitions filed by United 

14 States citizens for K nonimmigrant visas. 

15 (2) CONSULTATION WITH EXPERT ORGANIZA16 TIONS.—The Secretary of Homeland Security, in con17 sultation with the Secretary of State, shall develop 

18 such information pamphlet by working in consulta19 tion with non-profit, non-governmental immigrant 

20 victim advocacy organizations. 

21 (b) CONTENTS OF INFORMATION PAMPHLET.—The in22 formation pamphlet required under subsection (a) shall in23 clude information on the following: 

24 (1) The K nonimmigrant visa application proc25 ess and the marriage-based immigration process, in-
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•S 1197 RS 

1 cluding conditional residence and adjustment of sta2 tus. 

3 (2) The requirement that international marriage 

4 brokers provide foreign national clients with back5 ground information collected from United States cli6 ents regarding their marital history and domestic vio7 lence or other violent criminal history, but that such 

8 information may not be complete or accurate. 

9 (3) The illegality of domestic violence, sexual as10 sault, and child abuse in the United States. 

11 (4) Information on the dynamics of domestic vio12 lence. 

13 (5) Domestic violence and sexual assault services 

14 in the United States, including the National Domestic 

15 Violence Hotline, a project of the Texas Council on 

16 Family Violence, a nonprofit organization dedicated 

17 to fighting domestic violence, and the National Sexual 

18 Assault Hotline, operated by the Rape, Abuse and In19 cest National Network, and independent anti-sexual 

20 assault organization. 

21 (6) A description of immigration relief available 

22 to an immigrant victim of domestic violence, sexual 

23 assault, trafficking, and other crimes under the Vio24 lence Against Women Act, including the amendments 

25 made by that Act, section 101(a)(15)(U) of the Immi-
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•S 1197 RS 

1 gration and Nationality Act (8 U.S.C. 

2 1101(a)(15)(U)), and section 101(a)(15)(T) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1101(a)(15)(T)). 

5 (7) The legal rights of immigrant victims of 

6 abuse and other crimes in immigration, criminal jus7 tice, family law, and other matters. 

8 (8) The obligations of parents to provide child 

9 support for children. 

10 (9) The illegality of and penalties for knowingly 

11 entering into marriage for the purpose of evading the 

12 immigration laws of the United States. 

13 (c) TRANSLATION.— 

14 (1) LANGUAGES.—In order to best serve the lan15 guage groups most recruited by international mar16 riage brokers and having the greatest concentration of 

17 K nonimmigrant visa applicants, the Secretary of 

18 Homeland Security, in consultation with the Sec19 retary of State, shall translate the information pam20 phlet developed under this section, subject to para21 graph (2), into the following languages: 

22 (A) Arabic. 

23 (B) Chinese. 

24 (C) French. 

25 (D) Hindi. 
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•S 1197 RS 

1 (E) Japanese. 

2 (F) Korean. 

3 (G) Polish. 

4 (H) Portuguese. 

5 (I) Russian. 

6 (J) Spanish. 

7 (K) Tagalog. 

8 (L) Thai. 

9 (M) Ukrainian. 

10 (N) Vietnamese. 

11 (2) MODIFICATION OF LANGUAGE.—The Sec12 retary of Homeland Security may modify the trans13 lation requirements of paragraph (1) if the report 

14 submitted under section 836(b) includes recommenda15 tions for such modification. 

16 (d) AVAILABILITY AND DISTRIBUTION.—The informa17 tion pamphlet under this subsection shall be made available 

18 and distributed as follows: 

19 (1) INTERNATIONAL MARRIAGE BROKERS AND

20 VICTIM ADVOCACY ORGANIZATIONS.—The information 

21 pamphlet shall be made available to each inter22 national marriage broker and to each governmental 

23 or non-governmental victim advocacy organization. 

24 (2) K NONIMMIGRANT VISA APPLICANTS.— 
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•S 1197 RS 

1 (A) MAILING WITH IMMIGRATION FORMS.— 

2 The information pamphlet shall be mailed by the 

3 National Visa Center, of the Secretary of State, 

4 to each applicant for a K nonimmigrant visa at 

5 the same time that Form DS–3032 is mailed to 

6 such applicant. The pamphlet so mailed shall be 

7 in the primary language of the applicant, or in 

8 English if no translation into the applicant’s 

9 primary language is available. 

10 (B) POSTING ON NVC WEB SITE.—The Sec11 retary of State shall post the content of the pam12 phlet on the web site of the National Visa Center, 

13 as well as on the web sites of all consular posts 

14 processing K nonimmigrant visa applications. 

15 (C) CONSULAR INTERVIEWS.—The Secretary 

16 of State shall require that the pamphlet be dis17 tributed directly to such applicants at all con18 sular interviews for K nonimmigrant visas. If no 

19 written translation into the applicant’s primary 

20 language is available, the consular officer con21 ducting the visa interview shall review the pam22 phlet with the applicant orally in the applicant’s 

23 primary language, in addition to distributing 

24 the pamphlet to the applicant in English. 
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1 SEC. 835. CHANGES IN PROCESSING K NONIMMIGRANT 

2 VISAS; CONSULAR CONFIDENTIALITY. 

3 (a) K NONIMMIGRANT VISA PROCESSING.—Section 

4 214(d) of the Immigration and Nationality Act (8 U.S.C. 

5 1184(d)) is amended— 

6 (1) by striking ‘‘Attorney General’’ and inserting 

7 ‘‘Secretary of Homeland Security’’ each place it ap8 pears; 

9 (2) by inserting ‘‘(1)’’ before ‘‘A visa’’; and 

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

11 ‘‘(2) A United States citizen may not file a petition 

12 under paragraph (1) if such a petition filed by that peti13 tioner for another alien fiance ́e or fiance ́ is pending or has 

14 been approved and is still valid. 

15 ‘‘(3) The Secretary of Homeland Security shall provide 

16 to the Secretary of State the criminal background informa17 tion on a petitioner for a visa under clause (i) or (ii) of 

18 section 101(a)(15)(K) to which it has access under existing 

19 authority in the course of adjudicating the petition. 

20 ‘‘(4) Each petitioner for a visa under clause (i) or (ii) 

21 of section 101(a)(15)(K) shall provide, as part of the peti22 tion, in writing and signed under penalty of perjury, infor23 mation described in section 833(c)(2) of the International 

24 Marriage Broker Regulation Act of 2005. 
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•S 1197 RS 

1 ‘‘(5) The Secretary of State shall ensure that an appli2 cant for a visa under clause (i) or (ii) of section 

3 101(a)(15)(K)— 

4 ‘‘(A) shall be provided, by mail or electroni5 cally— 

6 ‘‘(i) a copy of the petition for such visa sub7 mitted by the United States citizen petitioner; 

8 and 

9 ‘‘(ii) any information that is contained in 

10 the background check described in paragraph (3) 

11 relating to any court orders, arrests, or convic12 tions described in subparagraphs (A) through 

13 (D) of section 833(c)(2) of the International 

14 Marriage Broker Regulation Act of 2005; 

15 ‘‘(B) shall be informed that petitioner informa16 tion described in subparagraph (A) is based on avail17 able records and may not be complete; and 

18 ‘‘(C) shall be asked in the primary language of 

19 the visa applicant whether an international marriage 

20 broker has facilitated the relationship between the visa 

21 applicant and the United States petitioner and 

22 whether that international marriage broker complied 

23 with the requirements of section 833 of such Act. 

24 ‘‘(6) The Secretary shall provide for the disclosure of 

25 information described in paragraph (5) to the visa appli-
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1 cant at the consular interview in the primary language of 

2 the visa applicant. 

3 ‘‘(7) The fact that an alien described in clause (i) or 

4 (ii) of section 101(a)(15)(K) is aware of any information 

5 disclosed under paragraph (5) shall not be used against the 

6 alien in any determination of eligibility for relief under 

7 this Act or the Violence Against Women Act (Public Law 

8 103–322; 108 Stat. 1902), and the amendments made by 

9 that Act. 

10 ‘‘(8) In fulfilling the requirements of paragraph 

11 (5)(A)(ii), a consular officer shall not disclose the name or 

12 location of any person who obtained a restraining or protec13 tive order against the petitioner, but shall disclose the rela14 tionship of the person to the petitioner.’’. 

15 (b) SHARING OF CERTAIN INFORMATION.—Section 

16 222(f) of the Immigration and Nationality Act (8 U.S.C. 

17 1202(f)) shall not be construed to prevent the sharing of 

18 information under section 214(d) of such Act (8 U.S.C. 

19 1184(d)). 

20 (c) EFFECTIVE DATE.—The amendment made by sub21 section (a) shall apply to petitions filed after the date of 

22 enactment of this Act. 

23 SEC. 836. STUDY AND REPORT. 

24 (a) STUDY.—The Secretary of Homeland Security, 

25 through the Director of the Bureau of Citizenship and Im-
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1 migration Services, shall conduct a study of the inter2 national marriage broker industry in the United States 

3 that— 

4 (1) estimates, for the years 1995 through 2005, 

5 the number of international marriage brokers doing 

6 business in the United States, the number of mar7 riages resulting from the services provided by such 

8 brokers, and the extent of compliance with the appli9 cable requirements of this subtitle; 

10 (2) assess the information gathered under this 

11 subtitle from clients by international marriage bro12 kers and from petitioners by the Bureau of Citizen13 ship and Immigration Services; 

14 (3) examine, based on the information gathered, 

15 the extent to which persons with a history of violence 

16 are using the services of international marriage bro17 kers and the extent to which such persons are pro18 viding accurate information to international mar19 riage brokers in accordance with section 833; 

20 (4) assess the accuracy of the criminal back21 ground check at identifying past instances of domestic 

22 violence; and 

23 (5) assess the extent to which the languages of 

24 translation required under section 834(c)(1) continue 

25 to accurately reflect the highest markets for recruit-
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1 ment by international marriage brokers and the 

2 greatest concentrations of K nonimmigrant visa ap3 plicants. 

4 (b) REPORT.—Not later than 3 years after the date 

5 of enactment of this Act, the Secretary of Homeland Secu6 rity shall submit a report to the Committee on the Judici7 ary of the Senate and the Committee on the Judiciary of 

8 the House of Representatives setting forth the results of the 

9 study conducted under subsection (a). 

10 SEC. 837. EFFECTIVE DATE. 

11 (a) IN GENERAL.—Except as provided in subsection 

12 (b), section 834, and the amendments made by section 835, 

13 this subtitle shall take effect on the date which is 60 days 

14 after the date of enactment of this Act. 

15 (b) ADDITIONAL TIME ALLOWED FOR INFORMATION

16 PAMPHLET.—Section 834(b) shall take effect on the date 

17 which is 120 days after the date of enactment of this Act. 

18 TITLE IX—SAFETY FOR INDIAN 

19 WOMEN 

20 SEC. 901. FINDINGS. 

21 Congress finds that— 

22 (1) 1 out of every 3 Indian (including Alaska 

23 Native) women are raped in their lifetimes; 

24 (2) Indian women experience 7 sexual assaults 

25 per 1,000, compared with 4 per 1,000 among Black 
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1 Americans, 3 per 1,000 among Caucasians, 2 per 

2 1,000 among Hispanic women, and 1 per 1,000 

3 among Asian women; 

4 (3) Indian women experience the violent crime of 

5 battering at a rate of 23.2 per 1,000, compared with 

6 8 per 1,000 among Caucasian women; 

7 (4) during the period 1979 through 1992, homi8 cide was the third leading cause of death of Indian 

9 females aged 15 to 34, and 75 percent were killed by 

10 family members or acquaintances; 

11 (5) Indian tribes require additional criminal 

12 justice and victim services resources to respond to vio13 lent assaults against women; and 

14 (6) the unique legal relationship of the United 

15 States to Indian tribes creates a Federal trust respon16 sibility to assist tribal governments in safeguarding 

17 the lives of Indian women. 

18 SEC. 902. PURPOSES. 

19 The purposes of this title are— 

20 (1) to decrease the incidence of violent crimes 

21 against Indian women; 

22 (2) to strengthen the capacity of Indian tribes to 

23 exercise their sovereign authority to respond to violent 

24 crimes committed against Indian women; and 
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1 (3) to ensure that perpetrators of violent crimes 

2 committed against Indian women are held account3 able for their criminal behavior. 

4 SEC. 903. CONSULTATION. 

5 (a) IN GENERAL.—The Attorney General shall conduct 

6 annual consultations with Indian tribal governments con7 cerning the Federal administration of tribal funds and pro8 grams established under this Act, the Violence Against 

9 Women Act of 1994 (title IV of Public Law 103–322; 108 

10 Stat. 1902) and the Violence Against Women Act of 2000 

11 (division B of Public Law 106–386; 114 Stat. 1491). 

12 (b) RECOMMENDATIONS.—During consultations under 

13 subsection (a), the Secretary and the Attorney General shall 

14 solicit recommendations from Indian tribes concerning— 

15 (1) administering tribal funds and programs; 

16 (2) enhancing the safety of Indian women from 

17 domestic violence, dating violence, sexual assault, and 

18 stalking; and 

19 (3) strengthening the Federal response to such 

20 violent crimes. 

21 SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

22 INDIAN WOMEN. 

23 (a) NATIONAL BASELINE STUDY.— 

24 (1) IN GENERAL.—The National Institute of Jus25 tice, in consultation with the Office on Violence 
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1 Against Women, shall conduct a national baseline 

2 study to examine violence against Indian women in 

3 Indian country. 

4 (2) SCOPE.— 

5 (A) IN GENERAL.—The study shall examine 

6 violence committed against Indian women, in7 cluding— 

8 (i) domestic violence; 

9 (ii) dating violence; 

10 (iii) sexual assault; 

11 (iv) stalking; and 

12 (v) murder. 

13 (B) EVALUATION.—The study shall evaluate 

14 the effectiveness of Federal, State, tribal, and 

15 local responses to the violations described in sub16 paragraph (A) committed against Indian 

17 women. 

18 (C) RECOMMENDATIONS.—The study shall 

19 propose recommendations to improve the effec20 tiveness of Federal, State, tribal, and local re21 sponses to the violation described in subpara22 graph (A) committed against Indian women. 

23 (3) TASK FORCE.— 

24 (A) IN GENERAL.—The Attorney General, 

25 acting through the Director of the Office on Vio-
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1 lence Against Women, shall establish a task force 

2 to assist in the development and implementation 

3 of the study under paragraph (1) and guide im4 plementation of the recommendation in para5 graph (2)(C). 

6 (B) MEMBERS.—The Director shall appoint 

7 to the task force representatives from— 

8 (i) national tribal domestic violence 

9 and sexual assault nonprofit organizations; 

10 (ii) tribal governments; and 

11 (iii) representatives from the national 

12 tribal organizations. 

13 (4) REPORT.—Not later than 2 years after the 

14 date of enactment of this Act, the Attorney General 

15 shall submit to the Committee on Indian Affairs of 

16 the Senate, the Committee on the Judiciary of the 

17 Senate, and the Committee on the Judiciary of the 

18 House of Representatives a report that describes the 

19 study. 

20 (5) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to carry out 

22 this section $1,000,000 for each of fiscal years 2006 

23 and 2007, to remain available until expended. 

24 (b) INJURY STUDY.— 
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1 (1) IN GENERAL.—The Secretary of Health and 

2 Human Services, acting through the Indian Health 

3 Service and the Centers for Disease Control and Pre4 vention, shall conduct a study to obtain a national 

5 projection of— 

6 (A) the incidence of injuries and homicides 

7 resulting from domestic violence, dating violence, 

8 sexual assault, or stalking committed against 

9 American Indian and Alaska Native women; 

10 and 

11 (B) the cost of providing health care for the 

12 injuries described in subparagraph (A). 

13 (2) REPORT.—Not later than 2 years after the 

14 date of enactment of this Act, the Secretary of Health 

15 and Human Services shall submit to the Committee 

16 on Indian Affairs of the Senate, the Committee on the 

17 Judiciary of the Senate, and the Committee on the 

18 Judiciary of the House of Representatives a report 

19 that describes the findings made in the study and rec20 ommends for health care strategies for reducing the 

21 incidence and cost of the injuries described in para22 graph (1). 

23 (3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 
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1 this section $500,000 for each of fiscal years 2006 and 

2 2007, to remain available until expended. 

3 SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN 

4 WOMEN. 

5 (a) ACCESS TO FEDERAL CRIMINAL INFORMATION

6 DATABASES.—Section 534 of title 28, United States Code, 

7 is amended— 

8 (1) by redesignating subsection (d) as subsection 

9 (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing: 

12 ‘‘(d) INDIAN LAW ENFORCEMENT AGENCIES.—The At13 torney General shall permit Indian law enforcement agen14 cies, in cases of domestic violence, dating violence, sexual 

15 assault, and stalking, to enter information into Federal 

16 criminal information databases and to obtain information 

17 from the databases.’’. 

18 (b) TRIBAL REGISTRY.— 

19 (1) ESTABLISHMENT.—The Attorney General 

20 shall contract with any interested Indian tribe, tribal 

21 organization, or tribal nonprofit organization to de22 velop and maintain— 

23 (A) a national tribal sex offender registry; 

24 and 
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1 (B) a tribal protection order registry con2 taining civil and criminal orders of protection 

3 issued by Indian tribes and participating juris4 dictions. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this section $1,000,000 for each of fiscal years 2006 

8 through 2010, to remain available until expended. 

9 SEC. 906. SAFETY FOR INDIAN WOMEN FORMULA GRANTS 

10 PROGRAM. 

11 (a) ESTABLISHMENT OF THE SAFETY FOR INDIAN

12 WOMEN GRANTS PROGRAM.— 

13 (1) IN GENERAL.—Of the amounts set aside for 

14 Indian tribes and tribal organizations in this Act the 

15 Attorney General, through the Director of the Office 

16 of Violence Against Women (referred to in this section 

17 as the ‘‘Director’’), shall take such set asides and com18 bine them to establish the Safety for Indian Women 

19 Formula Grants Program. 

20 (2) SINGLE FORMULA GRANTS.—The Director 

21 shall combine the monies appropriated under the 

22 Grants To Combat Violent Crimes Against Women 

23 (42 U.S.C. 3796gg–1(b)(1)), Grants To Encourage 

24 Arrest Policies and Enforce Protection Orders (42 

25 U.S.C. 3796hh sec. 2101(e)), Legal Assistance for Vic-
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•S 1197 RS 

1 tims (42 U.S.C. 3796gg–6 sec. 1201(f)(2)(A)), Court 

2 Training and Improvements, Sexual Assault Services 

3 Program, Safe Haven for Children Pilot Program (42 

4 U.S.C. 10420(f)), Rural Domestic Violence and Child 

5 Abuse Enforcement Assistance (42 U.S.C. 1397(c)(3)), 

6 to create a single formula grant program to enhance 

7 the response of Indian tribal governments to address 

8 the safety of American Indian and Alaska Native 

9 Women. 

10 (3) ADMINISTRATION.—Grants made under the 

11 program established under this section shall be ad12 ministered by the Tribal Division of the Office on Vi13 olence Against Women. 

14 (b) GRANTS.—The purpose of the program authorized 

15 by this section is to assist Indian tribal governments to— 

16 (1) develop and enhance effective governmental 

17 strategies to curtail violent crimes against and in18 crease the safety of Indian women consistent with 

19 tribal law and custom; 

20 (2) increase tribal capacity to respond to domes21 tic violence, dating violence, sexual assault, and stalk22 ing crimes against Indian women; 

23 (3) strengthen tribal justice interventions includ24 ing tribal law enforcement, prosecution, courts, proba25 tion, correctional facilities; and 
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1 (4) enhance services to Indian women victimized 

2 by domestic violence, dating violence, sexual assault, 

3 and stalking. 

4 SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE 

5 AGAINST WOMEN. 

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

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

8 amended by adding at the end the following: 

9 ‘‘SEC. 2007. TRIBAL DEPUTY. 

10 ‘‘(a) ESTABLISHMENT.—There is established in the Of11 fice on Violence Against Women a Deputy Director for Trib12 al Affairs. 

13 ‘‘(b) DUTIES.— 

14 ‘‘(1) IN GENERAL.—The Deputy Director shall 

15 under the guidance and authority of the Director of 

16 the Office on Violence Against Women— 

17 ‘‘(A) oversee and manage the administra18 tion of grants to and contracts with Indian 

19 tribes, tribal courts, tribal organizations, or trib20 al nonprofit organizations; 

21 ‘‘(B) ensure that, if a grant under this Act 

22 or a contract pursuant to such a grant is made 

23 to an organization to perform services that ben24 efit more than 1 Indian tribe, the approval of 

25 each Indian tribe to be benefited shall be a pre-
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1 requisite to the making of the grant or letting of 

2 the contract; 

3 ‘‘(C) coordinate development of Federal pol4 icy, protocols, and guidelines on matters relating 

5 to violence against Indian women; 

6 ‘‘(D) advise the Director of the Office on Vi7 olence Against Women concerning policies, legis8 lation, implementation of laws, and other issues 

9 relating to violence against Indian women; 

10 ‘‘(E) represent the Office on Violence 

11 Against Women in the annual consultations 

12 under section 903; 

13 ‘‘(F) provide technical assistance, coordina14 tion, and support to other offices and bureaus in 

15 the Department of Justice to develop policy and 

16 to enforce Federal laws relating to violence 

17 against Indian women, including through litiga18 tion of civil and criminal actions relating to 

19 those laws; 

20 ‘‘(G) maintain a liaison with the judicial 

21 branches of Federal, State, and tribal govern22 ments on matters relating to violence against In23 dian women; 

24 ‘‘(H) support enforcement of tribal protec25 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 relating 

7 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 capacity 

16 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 to the response of Indian 

23 tribes to crimes of domestic violence, dating vio24 lence, sexual assault, and stalking against In-
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•S 1197 RS 

1 dian women, including legal services for victims 

2 and Indian-specific offender programs; 

3 ‘‘(B) development and maintenance of tribal 

4 domestic violence shelters or programs for bat5 tered 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) of 

22 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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•S 1197 RS 

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, parent, 

10 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, or 

14 guardian, or by a person similarly situated to a 

15 spouse, parent or guardian of the victim, and the 

16 employee has reasonable grounds to believe that 

17 the person to be arrested has committed, or is 

18 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 violent 

6 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 not 

9 more than 5 years, or both, except that if substantial bodily 

10 injury results from violation under this section, the offender 

11 shall be imprisoned for a term of not more than 10 years.’’. 

12 TITLE X—DNA FINGERPRINTING 

13 SEC. 1001. SHORT TITLE. 

14 This title may be cited as the ‘‘DNA Fingerprint Act 

15 of 2005’’. 

16 SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAM17 PLES FROM NATIONAL DNA INDEX. 

18 Section 210304 of the DNA Identification Act of 1994 

19 (42 U.S.C. 14132) is amended— 

20 (1) in subsection (a)(1)(C), by striking ‘‘, pro21 vided’’ and all that follows through ‘‘System’’; 

22 (2) in subsection (d)(2)(A)(ii), by striking ‘‘all 

23 charges for’’ and all that follows, and inserting the 

24 following: ‘‘the responsible agency or official of that 

25 State receives, for each charge against the person on 
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•S 1197 RS 

1 the basis of which the analysis was or could have been 

2 included in the index, a certified copy of a final court 

3 order establishing that such charge has been dismissed 

4 or resulted in an acquittal.’’; and 

5 (3) by striking subsection (e). 

6 SEC. 1003. EXPANDED USE OF CODIS GRANTS. 

7 Section 2(a)(1) of the DNA Analysis Backlog Elimi8 nation Act of 2000 (42 U.S.C. 14135(a)(1)) is amended by 

9 striking ‘‘taken from individuals convicted of a qualifying 

10 State offense (as determined under subsection (b)(3))’’ and 

11 inserting ‘‘collected under applicable legal authority’’. 

12 SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE 

13 COLLECTION FROM PERSONS ARRESTED OR 

14 DETAINED UNDER FEDERAL AUTHORITY. 

15 (a) IN GENERAL.—Section 3 of the DNA Analysis 

16 Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (1), by striking ‘‘The Di20 rector’’ and inserting the following: 

21 ‘‘(A) The Attorney General may, as pre22 scribed by the Attorney General in regulation, 

23 collect DNA samples from individuals who are 

24 arrested or detained under the authority of the 

25 United States. The Attorney General may dele-
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•S 1197 RS 

1 gate this function within the Department of Jus2 tice as provided in section 510 of title 28, United 

3 States Code, and may also authorize and direct 

4 any other agency of the United States that ar5 rests or detains individuals or supervises indi6 viduals facing charges to carry out any function 

7 and exercise any power of the Attorney General 

8 under this section. 

9 ‘‘(B) The Director’’; and 

10 (B) in paragraphs (3) and (4), by striking 

11 ‘‘Director of the Bureau of Prisons’’ each place 

12 it appears and inserting ‘‘Attorney General, the 

13 Director of the Bureau of Prisons,’’; and 

14 (2) in subsection (b), by striking ‘‘Director of the 

15 Bureau of Prisons’’ and inserting ‘‘Attorney General, 

16 the Director of the Bureau of Prisons,’’. 

17 (b) CONFORMING AMENDMENTS.—Subsections (b) and 

18 (c)(1)(A) of section 3142 of title 18, United States Code, 

19 are each amended by inserting ‘‘and subject to the condition 

20 that the person cooperate in the collection of a DNA sample 

21 from the person if the collection of such a sample is author22 ized pursuant to section 3 of the DNA Analysis Backlog 

23 Elimination Act of 2000 (42 U.S.C. 14135a)’’ after ‘‘period 

24 of release’’. 
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•S 1197 RS 

1 SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEX2 UAL-ABUSE OFFENSES. 

3 Section 3297 of title 18, United States Code, is amend4 ed by striking ‘‘except for a felony offense under chapter 

5 109A,’’. 
Calendar No. 205 

109TH CONGRESS 

1ST SESSION S. 1197 

A BILL 

To reauthorize the Violence Against Women Act of 

1994. 

SEPTEMBER 12, 2005 

Reported with an amendment