249
abilities, alienage status, or age), and any other 
population determined to be underserved by the 
Attorney General; 
‘‘(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 receiv-
ing grants under this section. 
‘‘(f) REPORTS.—An entity receiving a grant under 
this section shall prepare and submit to the Director a 
report detailing the activities undertaken with grant 
funds, including an evaluation of funded programs and 
providing additional information as the Director shall re-
quire. 
‘‘SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT 
PROGRAMS 
FOR 
HOME 
VISITATION 
PROJECTS. 
‘‘(a) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Attorney General, act-
ing through the Director of the Office on Violence 
Against Women, shall award grants on a competitive 
basis to home visitation programs, in collaboration
250
with law enforcement, victim service providers, for 
the purposes of developing and implementing model 
policies and procedures to train home visitation serv-
ice providers on addressing domestic violence, dating 
violence, sexual assault, and stalking in families ex-
periencing violence, 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 
populations; 
‘‘(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.
251
‘‘(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, 
Federal, State, local, territorial, or tribal—
‘‘(1) home visitation program that provides 
services to pregnant women and to young children 
and their parent or primary caregiver that are pro-
vided in the permanent or temporary residence or in 
other familiar surroundings of the individual or fam-
ily receiving 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 se-
curity of children and their nonabusing parent
252
in homes already experiencing domestic vio-
lence, dating violence, sexual assault, or stalk-
ing; 
‘‘(B) ensure linguistically, culturally, and 
community relevant services for populations un-
derserved because of geographic location, under-
served racial and ethnic populations, popu-
lations underserved because of special needs 
(such as language barriers, disabilities, alienage 
status, or age), and any other population deter-
mined to be underserved by the Attorney Gen-
eral; 
‘‘(C) ensure the adequate training by do-
mestic violence, dating violence, sexual assault 
or stalking victim service providers of home visi-
tation grantee program staff to—
‘‘(i) safely screen for or recognize (or 
both) domestic violence, dating violence, 
sexual 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
253
‘‘(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 as-
sault, and stalking victim service providers and 
coalitions are aware of the efforts of organiza-
tions receiving grants under this section, and 
are included as training partners, where pos-
sible.’’. 
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 ‘‘Im-
migrant 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 Gen-
eral, the Secretary of Homeland Security, and Secretary 
of State shall promulgate regulations to implement the 
provisions contained in the Battered Immigrant Women
254
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, ap-
plications, or certifications filed on or before the effective 
date of publication of such regulations for relief covered 
by such regulations, there shall be no requirement to sub-
mit an additional petition, application, or certification and 
any priority or similar date with respect to such a petition 
or application shall relate back to the date of the filing 
of the petition or application. 
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 de-
scribed who is under 21 years of age, the 
spouse, children, unmarried siblings under 
18 years of age on the date on which such 
alien applied for status under such clause, 
and parents of such alien; or
255
‘‘(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 
period of status of an alien as a nonimmigrant 
under section 101(a)(15)(U) 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 Federal, State or local authority 
investigating or prosecuting criminal activity 
described 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 pros-
ecution 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.’’.
256
(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 Reauthoriza-
tion 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-
ecuting criminal activity relating to human traf-
ficking that the alien’s ongoing presence in the 
United States is required to assist in the investiga-
tion or prosecution of such criminal activity; and 
‘‘(B) shall be extended if the alien files an ap-
plication for adjustment of status under section 
245(l), until final adjudication of such application.’’. 
(c) PERMITTING CHANGE OF NONIMMIGRANT STA-
TUS TO U AND T NONIMMIGRANT STATUS.—
(1) IN GENERAL.—Section 248 of such Act (8 
U.S.C. 1258) is amended—
257
(A) by striking ‘‘The Attorney General’’ 
and inserting ‘‘(a) The Secretary of Homeland 
Security’’; 
(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.’’. 
(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—
258
(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 ‘‘INVESTIGA-
TION 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 
(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—
259
(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 
Homeland Security’’ each place it appears. 
(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-