227 
‘‘(C) inform participants about laws, serv-
ices, and resources in the community, and make 
referrals as appropriate; and 
‘‘(D) ensure that State and local domestic 
violence, dating violence, sexual assault, and 
stalking victim service providers and coalitions 
are aware of the efforts of organizations receiving 
grants under this section. 
‘‘(f) REPORTS.—An entity receiving a grant under this 
section shall prepare and submit to the Director every 18 
months a report detailing the activities undertaken with 
grant funds, including an evaluation of funded programs 
and providing additional information as the Director shall 
require. 
‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 
PROGRAMS 
FOR 
HOME 
VISITATION 
PROJECTS. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Attorney General, acting 
through the Director of the Office on Violence Against 
Women, shall award grants on a competitive basis to 
home visitation programs, in collaboration with law 
enforcement, victim service providers, for the purposes 
of developing and implementing model policies and 
procedures to train home visitation service providers
228 
on addressing domestic violence, dating violence, sex-
ual assault, and stalking in families experiencing vio-
lence, or at risk of violence, to reduce the impact of 
that violence on children, maintain safety, improve 
parenting skills, and break intergenerational cycles of 
violence. 
‘‘(2) TERM.—The Director shall make the grants 
under this section for a period of 2 fiscal years. 
‘‘(3) AWARD BASIS.—The Director shall— 
‘‘(A) consider the needs of underserved pop-
ulations; 
‘‘(B) award not less than 7 percent of such 
amounts for the funding of tribal projects from 
the amounts made available under this section 
for a fiscal year; and 
‘‘(C) award up to 8 percent for the funding 
of technical assistance programs from the 
amounts made available under this section for a 
fiscal year. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2006 through 2010. 
‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under this section, an entity shall be a national, Fed-
eral, State, local, territorial, or tribal—
229 
‘‘(1) home visitation program that provides serv-
ices to pregnant women and to young children and 
their parent or primary caregiver that are provided 
in the permanent or temporary residence or in other 
familiar surroundings of the individual or family re-
ceiving such services; or 
‘‘(2) victim services organization or agency in 
collaboration with an organization or organizations 
listed in paragraph (1). 
‘‘(d) GRANTEE REQUIREMENTS.—Under this section, 
an entity shall— 
‘‘(1) prepare and submit to the Director an ap-
plication at such time, in such manner, and con-
taining such information as the Director may re-
quire; and 
‘‘(2) describe in the application the policies and 
procedures that the entity has or will adopt to— 
‘‘(A) enhance or ensure the safety and secu-
rity of children and their nonabusing parent in 
homes already experiencing domestic violence, 
dating violence, sexual assault, or stalking; 
‘‘(B) ensure linguistically, culturally, and 
community relevant services for racial ethnic 
and other underserved communities;
230 
‘‘(C) ensure the adequate training by do-
mestic violence, dating violence, sexual assault or 
stalking victim service providers of home visita-
tion grantee program staff to— 
‘‘(i) safely screen for or recognize (or 
both) domestic violence, dating violence, sex-
ual assault, and stalking; 
‘‘(ii) understand the impact of domes-
tic violence or sexual assault on children 
and protective actions taken by a non-
abusing parent or caretaker in response to 
violence against anyone in the household; 
and 
‘‘(iii) link new parents with existing 
community resources in communities where 
resources exist; and 
‘‘(D) ensure that relevant State and local 
domestic violence, dating violence, sexual assault, 
and stalking victim service providers and coali-
tions are aware of the efforts of organizations re-
ceiving grants under this section, and are in-
cluded as training partners, where possible.’’.
231 
TITLE IX—PROTECTION FOR IM-
MIGRANT VICTIMS OF VIO-
LENCE 
SEC. 900. SHORT TITLE; REFERENCES TO VAWA–2000; REGU-
LATIONS. 
(a) SHORT TITLE.—This title may be cited as ‘‘Immi-
grant Victims of Violence Protection Act of 2005’’. 
(b) REFERENCES TO VAWA–2000.—In this title, the 
term ‘‘VAWA–2000’’ means the Violence Against Women 
Act of 2000 (division B of Public Law 106–386). 
(c) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this Act, the Attorney General, the 
Secretary of Homeland Security, and Secretary of State 
shall promulgate regulations to implement the provisions 
contained in the Battered Immigrant Women Protection 
Act of 2000 (title V of VAWA–2000) and the amendments 
made by (and the provisions of) this title. In applying such 
regulations, in the case of petitions, applications, or certifi-
cations filed on or before the effective date of publication 
of such regulations for relief covered by such regulations, 
there shall be no requirement to submit an additional peti-
tion, application, or certification and any priority or simi-
lar date with respect to such a petition or application shall 
relate back to the date of the filing of the petition or appli-
cation.
232 
Subtitle A—Victims of Crime 
SEC. 901. CONDITIONS APPLICABLE TO U AND T VISAS. 
(a) TREATMENT OF SPOUSE AND CHILDREN OF VIC-
TIMS
OF
TRAFFICKING.—Clause 
(ii) 
of 
section 
101(a)(15)(T) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(T)) is amended to read as follows: 
‘‘(ii) if accompanying, or following to join, 
the alien described in clause (i)— 
‘‘(I) in the case of an alien so described 
who is under 21 years of age, the spouse, 
children, unmarried siblings under 18 years 
of age on the date on which such alien ap-
plied for status under such clause, and par-
ents of such alien; or 
‘‘(II) in the case of an alien described 
in clause (i) who is 21 years of age or older, 
the spouse and children of such alien;’’. 
(b) DURATION OF U AND T VISAS.— 
(1) U VISAS.—Section 214(p) of such Act (8 
U.S.C. 1184(p)) is amended by adding at the end the 
following new paragraph: 
‘‘(6) DURATION OF STATUS.—The authorized pe-
riod of status of an alien as a nonimmigrant under 
section 101(a)(15)(U) shall be 4 years, but—
233 
‘‘(A) shall be extended on a year-by-year 
basis upon certification from a Federal, State or 
local law enforcement official, prosecutor, judge, 
or other Federal, State or local authority inves-
tigating or prosecuting criminal activity de-
scribed in section 101(a)(15)(U)(iii) that the 
alien’s ongoing presence in the United States is 
required to assist in the investigation or prosecu-
tion of such criminal activity; and 
‘‘(B) shall be extended if the alien files an 
application for adjustment of status under sec-
tion 245(m), until final adjudication of such ap-
plication.’’. 
(2) T VISAS.—Section 214(o) of such Act (8 
U.S.C. 1184(o)), as redesignated by section 8(a)(3) of 
the Trafficking Victims Protection Reauthorization 
Act of 2003 (Public Law 108–193), is amended by 
adding at the end the following: 
‘‘(7) The authorized period of status of an alien as a 
nonimmigrant status under section 101(a)(15)(T) shall be 
4 years, but— 
‘‘(A) shall be extended on a year-by-year basis 
upon certification from a Federal, State or local law 
enforcement official, prosecutor, judge, or other Fed-
eral, State or local authority investigating or pros-
234 
ecuting criminal activity relating to human traf-
ficking that the alien’s ongoing presence in the United 
States is required to assist in the investigation or 
prosecution of such criminal activity; and 
‘‘(B) shall be extended if the alien files an appli-
cation for adjustment of status under section 245(l), 
until final adjudication of such application.’’. 
(c) PERMITTING CHANGE OF NONIMMIGRANT STATUS 
TO U AND T NONIMMIGRANT STATUS.— 
(1) IN GENERAL.—Section 248 of such Act (8 
U.S.C. 1258) is amended— 
(A) by striking ‘‘The Attorney General’’ and 
inserting ‘‘(a) The Secretary of Homeland Secu-
rity’’; 
(B) by inserting ‘‘(subject to subsection 
(b))’’ after ‘‘except’’; and 
(C) by adding at the end the following new 
subsection: 
‘‘(b) The limitation based on inadmissibility under 
section 212(a)(9)(B) and the exceptions specified in num-
bered paragraphs of subsection (a) shall not apply to a 
change of nonimmigrant classification to that of a non-
immigrant under subparagraph (T) or (U) of section 
101(a)(15), other than from such classification under sub-
paragraph (C) or (D) of such section.’’.
235 
(2) 
CONFORMING
AMENDMENT.—Section 
214(l)(2)(A) of such Act (8 U.S.C. 1184(l)(2)(A)) is 
amended 
by 
striking 
‘‘248(2)’’ 
and 
inserting 
‘‘248(a)(2)’’. 
(d) CERTIFICATION PROCESS FOR VICTIMS OF TRAF-
FICKING.— 
(1) VICTIM
ASSISTANCE
IN
INVESTIGATION
OR 
PROSECUTION.—Section 107(b)(1)(E) of the Traf-
ficking Victims Protection Act of 2000 (division A of 
Public Law 106–386; 22 U.S.C. 7105(b)(1)(E)) is 
amended— 
(A) in clause (i)(I), by striking ‘‘investiga-
tion and prosecution’’ and inserting ‘‘investiga-
tion or prosecution, by the United States or a 
State or local government’’; and 
(B) in clause (iii)— 
(i) by striking ‘‘INVESTIGATION
AND 
PROSECUTION’’ 
and 
‘‘investigation 
and 
prosecution’’ and inserting ‘‘INVESTIGATION 
OR
PROSECUTION’’ and ‘‘investigation or 
prosecution’’, respectively; 
(ii) in subclause (II), by striking 
‘‘and’’ at the end; 
(iii) in subclause (III), by striking the 
period and inserting ‘‘; or’’; and
236 
(iv) by adding at the end the following 
new subclause: 
‘‘(IV) responding to and cooper-
ating with requests for evidence and 
information.’’. 
(2) CLARIFYING ROLES OF ATTORNEY GENERAL 
AND SECRETARY OF HOMELAND SECURITY.— 
(A) Section 107 of the Trafficking Victims 
Protection Act of 2000 (division A of Public Law 
106–386; 22 U.S.C. 7105) is amended— 
(i) in subsections (b)(1)(E)(i)(II)(bb), 
(b)(1)(E)(ii), (e)(5), and (g), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’ each place it 
appears; and 
(ii) in subsection (c), by inserting ‘‘, 
Secretary of Homeland Security,’’ after 
‘‘Attorney General’’. 
(B) Section 101(a)(15)(T) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) is amended by striking ‘‘Attor-
ney General’’ and inserting ‘‘Secretary of Home-
land Security’’ each place it appears.
237 
(C) Section 212(d)(13) of the Immigration 
and Nationality Act (8 U.S.C. 1182(d)(13)) is 
amended— 
(i) in subparagraph (A), by striking 
‘‘Attorney General’’ and inserting ‘‘Sec-
retary of Homeland Security’’; 
(ii) in subparagraph (B), by striking 
‘‘Attorney General’’ the first place it ap-
pears and inserting ‘‘Secretary of Home-
land Security’’; and 
(iii) in subparagraph (B), by striking 
‘‘Attorney General, in the Attorney Gen-
eral’s discretion’’ and inserting ‘‘Secretary, 
in the Secretary’s discretion’’. 
(D) Section 101(i) of the Immigration and 
Nationality Act (8 U.S.C. 1101(i)) is amended— 
(i) in paragraph (1), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security, the Attorney General,’’; 
and 
(ii) in paragraph (2), by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of 
Homeland Security’’. 
(E) Section 245(l) of the Immigration and 
Nationality Act (8 U.S.C. 1255(l)) is amended—
238 
(i) by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Security’’ 
the first place it appears in paragraphs (1) 
and (2) and in paragraph (5); 
(ii) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary’’ the second place 
it appears in paragraphs (1) and (2); and 
(iii) in paragraph (2), by striking ‘‘At-
torney General’s’’ and inserting ‘‘Sec-
retary’s’’. 
(3) REQUEST BY STATE AND LOCAL LAW EN-
FORCEMENT
OFFICIALS.—Section 107(c)(3) of the 
Trafficking Victims Protection Act of 2000 (division 
A of Public Law 106–386; 22 U.S.C. 7105(c)(3)) is 
amended by adding at the end the following: ‘‘State 
or local law enforcement officials may request that 
such Federal law enforcement officials permit the con-
tinued presence of trafficking victims. If such a re-
quest contains a certification that a trafficking victim 
is a victim of a severe form of trafficking, such Fed-
eral law enforcement officials may permit the contin-
ued presence of the trafficking victim in accordance 
with this paragraph.’’. 
(e) EFFECTIVE DATES.—
239 
(1) IN
GENERAL.—The amendments made by 
subsections (a), (b)(1), (c), and (d)(3) shall take effect 
on the date of the enactment of this Act. 
(2) TRANSITION FOR DURATION OF T VISAS.—In 
the case of an alien who is classified as a non-
immigrant under section 101(a)(15)(T) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(T)) before the the date of implementation 
of the amendment made by subsection (b)(2) and 
whose period of authorized stay was less than 4 years, 
the authorized period of status of the alien as such a 
nonimmigrant shall be extended to be 4 years and 
shall be further extended on a year-by-year basis as 
provided in section 214(o)(7) of such Act, as added by 
such amendment. 
(3) CERTIFICATION PROCESS.—(A) The amend-
ments made by subsection (d)(1) shall be effective as 
if included in the enactment of VAWA–2000. 
(B) The amendments made by subsection (d)(2) 
shall be effective as of the applicable date of transfer 
of authority from the Attorney General to the Sec-
retary of Homeland Security under the Homeland Se-
curity Act of 2002 (Public Law 107–296).
240 
SEC. 902. CLARIFICATION OF BASIS FOR RELIEF UNDER 
HARDSHIP WAIVERS FOR CONDITIONAL PER-
MANENT RESIDENCE. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by adding at the end the following: ‘‘An application for 
relief under this paragraph may be based on one or more 
grounds specified in subparagraphs (A) through (D) and 
may be amended at any time to change the ground or 
grounds for such relief without the application being resub-
mitted.’’. 
(b) APPEALS.—Such section is further amended by 
adding at the end the following: ‘‘Such an application may 
not be considered if there is a final removal order in effect 
with respect to the alien.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
237(a)(1)(H)(ii) of such Act (8 U.S.C. 1227(a)(1)(H)(ii)) 
is amended by inserting before the period at the end the 
following: ‘‘or qualifies for a waiver under section 
216(c)(4)’’. 
(d) EFFECTIVE DATES.— 
(1) The amendment made by subsection (a) shall 
apply to applications for relief pending or filed on or 
after April 10, 2003.
241 
(2) The amendment made by subsection (b) shall 
apply to applications for relief filed on or after the 
date of the enactment of this Act. 
SEC. 903. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAF-
FICKING. 
(a) REDUCTION IN REQUIRED PERIOD OF PRESENCE 
AUTHORIZED.— 
(1) IN GENERAL.—Section 245(l) of the Immi-
gration and Nationality Act (8 U.S.C. 1255(l)) is 
amended— 
(A) in paragraph (1)(A), by inserting ‘‘sub-
ject to paragraph (6),’’ after ‘‘(A)’’; 
(B) in paragraph (1)(A), by inserting after 
‘‘since’’ the following: ‘‘the earlier of (i) the date 
the alien was granted continued presence under 
section 107(c)(3) of the Trafficking Victims Pro-
tection Act of 2000, or (ii)’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) The Secretary of Homeland Security may waive 
or reduce the period of physical presence required under 
paragraph (1)(A) for an alien’s adjustment of status under 
this subsection if a Federal, State, or local law enforcement 
official investigating or prosecuting trafficking described in 
section 101(a)(15)(T)(i) in relation to the alien or the
242 
alien’s spouse, child, parent, or sibling certifies that the offi-
cial has no objection to such waiver or reduction.’’. 
(2) CONFORMING AMENDMENT.—Section 107(c) 
of the Trafficking Victims Protection Act of 2000 (di-
vision A of Public Law 106–386; 22 U.S.C. 7105(c)) 
is amended by adding at the end the following new 
paragraph: 
‘‘(5) CERTIFICATION
OF
NO
OBJECTION
FOR 
WAIVER
OR
REDUCTION
OF
PERIOD
OF
REQUIRED 
PHYSICAL PRESENCE FOR ADJUSTMENT OF STATUS.— 
In order for an alien to have the required period of 
physical presence under paragraph (1)(A) of section 
245(l) of the Immigration and Nationality Act 
waived or reduced under paragraph (6) of such sec-
tion, a Federal, State, and local law enforcement offi-
cial investigating or prosecuting trafficking described 
in section 101(a)(15)(T)(i) in relation to the alien or 
the alien’s spouse, child, parent, or sibling may pro-
vide for a certification of having no objection to such 
waiver or reduction.’’. 
(b) TREATMENT OF GOOD MORAL CHARACTER.—Sec-
tion 245(l) of the Immigration and Nationality Act (8 
U.S.C. 1255(l)), as amended by subsection (a)(1), is amend-
ed—
243 
(1) in paragraph (1)(B), by inserting ‘‘subject to 
paragraph (7),’’ after ‘‘(B)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(7) For purposes of paragraph (1)(B), the Secretary 
of Homeland Security, in the Secretary’s sole unreviewable 
discretion, may waive consideration of a disqualification 
from good moral character described in section 101(f) with 
respect to an alien if there is a connection between the dis-
qualification and the trafficking with respect to the alien 
described in section 101(a)(15)(T)(i).’’. 
(c) ANNUAL REPORT ON TRAINING OF LAW ENFORCE-
MENT.— 
(1) IN GENERAL.—Section 107(g) of the Traf-
ficking Victims Protection Act of 2000 (division A of 
Public Law 106–386; 22 U.S.C. 7105(g)) is amended 
by adding at the end the following: ‘‘Each such report 
shall also include statistics regarding the number of 
law enforcement officials who have been trained in the 
identification and protection of trafficking victims 
and certification for assistance as nonimmigrants 
under section 101(a)(15)(T) of such Act.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply to annual reports begin-
ning with the report for fiscal year 2006.