H. R. 3402—78
or stalking. The individual shall provide a copy of such certifi-
cation to the public housing agency, tribally designated housing 
entity, or assisted housing provider within a reasonable period 
of time after the agency or authority requests such certification. 
‘‘(2) CONTENTS.—An individual may satisfy the certification 
requirement of paragraph (1) by— 
‘‘(A) providing the public housing agency, tribally des-
ignated housing entity, or assisted housing provider with 
documentation, signed by an employee, agent, or volunteer 
of a victim service provider, an attorney, a member of 
the clergy, a medical professional, or any other professional 
from whom the victim has sought assistance in addressing 
domestic violence, dating violence, sexual assault, or 
stalking, or the effects of abuse; or 
‘‘(B) producing a Federal, State, tribal, territorial, or 
local police or court record. 
‘‘(3) LIMITATION.—Nothing in this subsection shall be con-
strued to require any housing agency, assisted housing provider, 
tribally designated housing entity, owner, or manager to 
demand that an individual produce official documentation or 
physical proof of the individual’s status as a victim of domestic 
violence, dating violence, sexual assault, or stalking, in order 
to receive any of the benefits provided in this section. A housing 
agency, assisted housing provider, tribally designated housing 
entity, owner, or manager may provide benefits to an individual 
based solely on the individual’s statement or other corroborating 
evidence. 
‘‘(4) CONFIDENTIALITY.— 
‘‘(A) IN
GENERAL.—All information provided to any 
housing agency, assisted housing provider, tribally des-
ignated housing entity, owner, or manager pursuant to 
paragraph (1), including the fact that an individual is a 
victim of domestic violence, dating violence, sexual assault, 
or stalking, shall be retained in confidence by such agency, 
and shall neither be entered into any shared database, 
nor provided to any related housing agency, assisted 
housing provider, tribally designated housing entity, owner, 
or manager, except to the extent that disclosure is— 
‘‘(i) requested or consented to by the individual 
in writing; or 
‘‘(ii) otherwise required by applicable law. 
‘‘(B) NOTIFICATION.—Public housing agencies must pro-
vide notice to tenants of their rights under this section, 
including their right to confidentiality and the limits 
thereof, and to owners and managers of their rights and 
obligations under this section. 
‘‘(f) USE OF FUNDS.—Grants and contracts awarded pursuant 
to subsection (a) shall provide to eligible entities personnel, training, 
and technical assistance to develop and implement policies, prac-
tices, and procedures, making physical improvements or changes, 
and developing or enhancing collaborations for the purposes of— 
‘‘(1) enabling victims of domestic violence, dating violence, 
sexual assault, and stalking with otherwise disqualifying rental, 
credit, or criminal histories to be eligible to obtain housing 
or housing assistance, if such victims would otherwise qualify 
for housing or housing assistance and can provide documented
H. R. 3402—79
evidence that demonstrates the causal connection between such 
violence or abuse and the victims’ negative histories; 
‘‘(2) permitting applicants for housing or housing assistance 
to provide incomplete rental and employment histories, other-
wise required as a condition of admission or assistance, if 
the victim believes that providing such rental and employment 
history would endanger the victim’s or the victim children’s 
safety; 
‘‘(3) protecting victims’ confidentiality, including protection 
of victims’ personally identifying information, address, or rental 
history; 
‘‘(4) assisting victims who need to leave a public housing, 
tribally designated housing, or assisted housing unit quickly 
to protect their safety, including those who are seeking transfer 
to a new public housing unit, tribally designated housing unit, 
or assisted housing unit, whether in the same or a different 
neighborhood or jurisdiction; 
‘‘(5) enabling the public housing agency, tribally designated 
housing entity, or assisted housing provider, or the victim, 
to remove, consistent with applicable State law, the perpetrator 
of domestic violence, dating violence, sexual assault, or stalking 
without evicting, removing, or otherwise penalizing the victim; 
‘‘(6) enabling the public housing agency, tribally designated 
housing entity, or assisted housing provider, when notified, 
to honor court orders addressing rights of access to or control 
of the property, including civil protection orders issued to pro-
tect the victim and issued to address the distribution or posses-
sion of property among the household members in cases where 
a family breaks up; 
‘‘(7) developing and implementing more effective security 
policies, protocols, and services; 
‘‘(8) allotting not more than 15 percent of funds awarded 
under the grant to make modest physical improvements to 
enhance safety; 
‘‘(9) training personnel to more effectively identify and 
respond to victims of domestic violence, dating violence, sexual 
assault, and stalking; and 
‘‘(10) effectively providing notice to applicants and residents 
of the above housing policies, practices, and procedures. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $10,000,000 for each of fiscal years 2007 through 
2011 to carry out the provisions of this section. 
‘‘(h) TECHNICAL ASSISTANCE.—Up to 12 percent of the amount 
appropriated under subsection (g) for each fiscal year shall be 
used by the Attorney General for technical assistance costs under 
this section.’’. 
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS 
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
ASSAULT, OR STALKING. 
(a) IN GENERAL.—Section 40299 of the Violence Against Women 
Act of 1994 (42 U.S.C. 13975) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘the Department of Housing and 
Urban Development, and the Department of Health and 
Human Services,’’ after ‘‘Department of Justice,’’;
H. R. 3402—80
(B) by inserting ‘‘, including domestic violence and 
sexual assault victim service providers, domestic violence 
and sexual assault coalitions, other nonprofit, nongovern-
mental organizations, or community-based and culturally 
specific organizations, that have a documented history of 
effective 
work 
concerning 
domestic 
violence, 
dating 
violence, sexual assault, or stalking’’ after ‘‘other organiza-
tions’’; and 
(C) in paragraph (1), by inserting ‘‘, dating violence, 
sexual assault, or stalking’’ after ‘‘domestic violence’’; 
(2) in subsection (b)— 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; 
(B) in paragraph (3), as redesignated, by inserting 
‘‘, dating violence, sexual assault, or stalking’’ after 
‘‘violence’’; 
(C) by inserting before paragraph (2), as redesignated, 
the following: 
‘‘(1) transitional housing, including funding for the oper-
ating expenses of newly developed or existing transitional 
housing.’’; and 
(D) in paragraph (3)(B) as redesignated, by inserting 
‘‘Participation in the support services shall be voluntary. 
Receipt of the benefits of the housing assistance described 
in paragraph (2) shall not be conditioned upon the partici-
pation of the youth, adults, or their dependents in any 
or all of the support services offered them.’’ after ‘‘assist-
ance.’’; 
(3) in paragraph (1) of subsection (c), by striking ‘‘18 
months’’ and inserting ‘‘24 months’’; 
(4) in subsection (d)(2)— 
(A) by striking ‘‘and’’ at the end of subparagraph (A); 
(B) by redesignating subparagraph (B) as subpara-
graph (C); and 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) provide assurances that any supportive services 
offered to participants in programs developed under sub-
section (b)(3) are voluntary and that refusal to receive 
such services shall not be grounds for termination from 
the program or eviction from the victim’s housing; and’’; 
(5) in subsection (e)(2)— 
(A) in subparagraph (A), by inserting ‘‘purpose and’’ 
before ‘‘amount’’; 
(B) in clause (ii) of subparagraph (C), by striking ‘‘and’’; 
(C) in subparagraph (D), by striking the period and 
inserting ‘‘; and’’; and 
(D) by adding at the end the following new subpara-
graph: 
‘‘(E) the client population served and the number of 
individuals requesting services that the transitional 
housing program is unable to serve as a result of a lack 
of resources.’’; and 
(6) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘$30,000,000’’ and 
inserting ‘‘$40,000,000’’; 
(B) in paragraph (1), by striking ‘‘2004’’ and inserting 
‘‘2007’’;
H. R. 3402—81
(C) in paragraph (1), by striking ‘‘2008’’ and inserting 
‘‘2011’’; 
(D) in paragraph (2), by striking ‘‘not more than 3 
percent’’ and inserting ‘‘up to 5 percent’’; 
(E) in paragraph (2), by inserting ‘‘evaluation, moni-
toring, technical assistance,’’ before ‘‘salaries’’; and 
(F) in paragraph (3), by adding at the end the following 
new subparagraphs: 
‘‘(C) UNDERSERVED POPULATIONS.— 
‘‘(i) A minimum of 7 percent of the total amount 
appropriated in any fiscal year shall be allocated to 
tribal organizations serving adult and youth victims 
of domestic violence, dating violence, sexual assault, 
or stalking, and their dependents. 
‘‘(ii) Priority shall be given to projects developed 
under subsection (b) that primarily serve underserved 
populations.’’. 
SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIRE-
MENT. 
Section 5A of the United States Housing Act of 1937 (42 U.S.C. 
1437c–1) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraph (3)’’; 
(B) by redesignating paragraph (2) as paragraph (3); 
and 
(C) by inserting after paragraph (1) the following: 
‘‘(2) STATEMENT OF GOALS.—The 5-year plan shall include 
a statement by any public housing agency of the goals, objec-
tives, policies, or programs that will enable the housing 
authority to serve the needs of child and adult victims of 
domestic violence, dating violence, sexual assault, or stalking.’’; 
(2) in subsection (d), by redesignating paragraphs (13), 
(14), (15), (16), (17), and (18), as paragraphs (14), (15), (16), 
(17), (18), and (19), respectively; and 
(3) by inserting after paragraph (12) the following: 
‘‘(13) DOMESTIC
VIOLENCE, 
DATING
VIOLENCE, 
SEXUAL 
ASSAULT, OR STALKING PROGRAMS.—A description of— 
‘‘(A) any activities, services, or programs provided or 
offered by an agency, either directly or in partnership 
with other service providers, to child or adult victims of 
domestic violence, dating violence, sexual assault, or 
stalking; 
‘‘(B) any activities, services, or programs provided or 
offered by a public housing agency that helps child and 
adult victims of domestic violence, dating violence, sexual 
assault, or stalking, to obtain or maintain housing; and 
‘‘(C) any activities, services, or programs provided or 
offered by a public housing agency to prevent domestic 
violence, dating violence, sexual assault, and stalking, or 
to enhance victim safety in assisted families.’’. 
SEC. 604. HOUSING STRATEGIES. 
Section 105(b)(1) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after 
‘‘immunodeficiency syndrome,’’ the following: ‘‘victims of domestic 
violence, dating violence, sexual assault, and stalking’’.
H. R. 3402—82
SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSIST-
ANCE ACT. 
Section 423 of the Stewart B. McKinney Homeless Assistance 
Act (42 U.S.C. 11383) is amended— 
(1) by adding at the end of subsection (a) the following: 
‘‘(8) CONFIDENTIALITY.— 
‘‘(A) VICTIM
SERVICE
PROVIDERS.—In the course of 
awarding grants or implementing programs under this sub-
section, the Secretary shall instruct any victim service pro-
vider that is a recipient or subgrantee not to disclose for 
purposes of a Homeless Management Information System 
personally identifying information about any client. The 
Secretary may, after public notice and comment, require 
or ask such recipients and subgrantees to disclose for pur-
poses of a Homeless Management Information System non-
personally identifying data that has been de-identified, 
encrypted, or otherwise encoded. Nothing in this section 
shall be construed to supersede any provision of any Fed-
eral, State, or local law that provides greater protection 
than this paragraph for victims of domestic violence, dating 
violence, sexual assault, or stalking. 
‘‘(B) DEFINITIONS.—
‘‘(i) PERSONALLY IDENTIFYING INFORMATION OR PER-
SONAL INFORMATION.—The term ‘personally identifying 
information’ or ‘personal information’ means individ-
ually identifying information for or about an individual 
including information likely to disclose the location 
of a victim of domestic violence, dating violence, sexual 
assault, or stalking, including— 
‘‘(I) a first and last name; 
‘‘(II) a home or other physical address; 
‘‘(III) contact information (including a postal, 
e-mail or Internet protocol address, or telephone 
or facsimile number); 
‘‘(IV) a social security number; and 
‘‘(V) any other information, including date of 
birth, racial or ethnic background, or religious 
affiliation, that, in combination with any other 
non-personally identifying information would serve 
to identify any individual. 
‘‘(ii) VICTIM SERVICE PROVIDER.—The term ‘victim 
service provider’ or ‘victim service providers’ means 
a nonprofit, nongovernmental organization including 
rape crisis centers, battered women’s shelters, domestic 
violence transitional housing programs, and other pro-
grams whose primary mission is to provide services 
to victims of domestic violence, dating violence, sexual 
assault, or stalking.’’. 
SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE 
VOUCHER PROGRAM. 
Section 8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f) is amended— 
(1) in subsection (c), by adding at the end the following 
new paragraph: 
‘‘(9)(A) That an applicant or participant is or has been 
a victim of domestic violence, dating violence, or stalking is
H. R. 3402—83
not an appropriate basis for denial of program assistance or 
for denial of admission, if the applicant otherwise qualifies 
for assistance or admission. 
‘‘(B) An incident or incidents of actual or threatened 
domestic violence, dating violence, or stalking will not be con-
strued as a serious or repeated violation of the lease by the 
victim or threatened victim of that violence and shall not be 
good cause for terminating the assistance, tenancy, or occu-
pancy rights of the victim of such violence. 
‘‘(C)(i) Criminal activity directly relating to domestic 
violence, dating violence, or stalking, engaged in by a member 
of a tenant’s household or any guest or other person under 
the tenant’s control shall not be cause for termination of assist-
ance, tenancy, or occupancy rights if the tenant or an immediate 
member of the tenant’s family is the victim or threatened 
victim of that domestic violence, dating violence, or stalking. 
‘‘(ii) Notwithstanding clause (i), an owner or manager may 
bifurcate a lease under this section, in order to evict, remove, 
or terminate assistance to any individual who is a tenant 
or lawful occupant and who engages in criminal acts of physical 
violence against family members or others, without evicting, 
removing, terminating assistance to, or otherwise penalizing 
the victim of such violence who is also a tenant or lawful 
occupant. 
‘‘(iii) Nothing in clause (i) may be construed to limit the 
authority of a public housing agency, owner, or manager, when 
notified, to honor court orders addressing rights of access to 
or control of the property, including civil protection orders 
issued to protect the victim and issued to address the distribu-
tion or possession of property among the household members 
in cases where a family breaks up. 
‘‘(iv) Nothing in clause (i) limits any otherwise available 
authority of an owner or manager to evict or the public housing 
agency to terminate assistance to a tenant for any violation 
of a lease not premised on the act or acts of violence in question 
against the tenant or a member of the tenant’s household, 
provided that the owner or manager does not subject an indi-
vidual who is or has been a victim of domestic violence, dating 
violence, or stalking to a more demanding standard than other 
tenants in determining whether to evict or terminate. 
‘‘(v) Nothing in clause (i) may be construed to limit the 
authority of an owner, manager, or public housing agency to 
evict or terminate from assistance any tenant or lawful occu-
pant if the owner, manager or public housing agency can dem-
onstrate an actual and imminent threat to other tenants or 
those employed at or providing service to the property if that 
tenant is not evicted or terminated from assistance. 
‘‘(vi) Nothing in this section shall be construed to supersede 
any provision of any Federal, State, or local law that provides 
greater protection than this section for victims of domestic 
violence, dating violence, or stalking.’’; 
(2) in subsection (d)— 
(A) in paragraph (1)(A), by inserting after ‘‘public 
housing agency’’ the following: ‘‘and that an applicant or 
participant is or has been a victim of domestic violence, 
dating violence, or stalking is not an appropriate basis 
for denial of program assistance or for denial of admission
H. R. 3402—84
if the applicant otherwise qualifies for assistance or admis-
sion’’; 
(B) in paragraph (1)(B)(ii), by inserting after ‘‘other 
good cause’’ the following: ‘‘, and that an incident or 
incidents of actual or threatened domestic violence, dating 
violence, or stalking will not be construed as a serious 
or repeated violation of the lease by the victim or threat-
ened victim of that violence and will not be good cause 
for terminating the tenancy or occupancy rights of the 
victim of such violence’’; and 
(C) in paragraph (1)(B)(iii), by inserting after ‘‘termi-
nation of tenancy’’ the following: ‘‘, except that: (I) criminal 
activity directly relating to domestic violence, dating 
violence, or stalking, engaged in by a member of a tenant’s 
household or any guest or other person under the tenant’s 
control, shall not be cause for termination of the tenancy 
or occupancy rights or program assistance, if the tenant 
or immediate member of the tenant’s family is a victim 
of that domestic violence, dating violence, or stalking; (II) 
notwithstanding subclause (I), a public housing agency may 
terminate assistance to any individual who is a tenant 
or lawful occupant and who engages in criminal acts of 
physical violence against family members or others, or 
an owner or manager under this section may bifurcate 
a lease, in order to evict, remove, or terminate assistance 
to any individual who is a tenant or lawful occupant and 
who engages in criminal acts of physical violence against 
family members or others, without evicting, removing, 
terminating assistance to, or otherwise penalizing the 
victim of such violence who is also a tenant or lawful 
occupant; (III) nothing in subclause (I) may be construed 
to limit the authority of a public housing agency, owner, 
or manager, when notified, to honor court orders addressing 
rights of access to or control of the property, including 
civil protection orders issued to protect the victim and 
issued to address the distribution or possession of property 
among the household members in cases where a family 
breaks up; (IV) nothing in subclause (I) limits any other-
wise available authority of an owner or manager to evict 
or the public housing agency to terminate assistance to 
a tenant for any violation of a lease not premised on 
the act or acts of violence in question against the tenant 
or a member of the tenant’s household, provided that the 
owner, manager, or public housing agency does not subject 
an individual who is or has been a victim of domestic 
violence, dating violence, or stalking to a more demanding 
standard than other tenants in determining whether to 
evict or terminate; (V) nothing in subclause (I) may be 
construed to limit the authority of an owner or manager 
to evict, or the public housing agency to terminate assist-
ance, to any tenant if the owner, manager, or public 
housing agency can demonstrate an actual and imminent 
threat to other tenants or those employed at or providing 
service to the property if that tenant is not evicted or 
terminated from assistance; and (VI) nothing in this section 
shall be construed to supersede any provision of any Fed-
eral, State, or local law that provides greater protection
H. R. 3402—85
than this section for victims of domestic violence, dating 
violence, or stalking.’’; 
(3) in subsection (f)— 
(A) in paragraph (6), by striking ‘‘and’’; 
(B) in paragraph (7), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
‘‘(8) the term ‘domestic violence’ has the same meaning 
given the term in section 40002 of the Violence Against Women 
Act of 1994; 
‘‘(9) the term ‘dating violence’ has the same meaning given 
the term in section 40002 of the Violence Against Women 
Act of 1994; and 
‘‘(10) the term ‘stalking’ means— 
‘‘(A)(i) to follow, pursue, or repeatedly commit acts 
with the intent to kill, injure, harass, or intimidate another 
person; and 
‘‘(ii) to place under surveillance with the intent to 
kill, injure, harass, or intimidate another person; and 
‘‘(B) in the course of, or as a result of, such following, 
pursuit, surveillance, or repeatedly committed acts, to place 
a person in reasonable fear of the death of, or serious 
bodily injury to, or to cause substantial emotional harm 
to— 
‘‘(i) that person; 
‘‘(ii) a member of the immediate family of that 
person; or 
‘‘(iii) the spouse or intimate partner of that person; 
and 
‘‘(11) the term ‘immediate family member’ means, with 
respect to a person— 
‘‘(A) a spouse, parent, brother or sister, or child of 
that person, or an individual to whom that person stands 
in loco parentis; or 
‘‘(B) any other person living in the household of that 
person and related to that person by blood and marriage.’’; 
(4) in subsection (o)— 
(A) by inserting at the end of paragraph (6)(B) the 
following new sentence: ‘‘That an applicant or participant 
is or has been a victim of domestic violence, dating violence, 
or stalking is not an appropriate basis for denial of program 
assistance by or for denial of admission if the applicant 
otherwise qualifies for assistance for admission, and that 
nothing in this section shall be construed to supersede 
any provision of any Federal, State, or local law that pro-
vides greater protection than this section for victims of 
domestic violence, dating violence, or stalking.’’; 
(B) in paragraph (7)(C), by inserting after ‘‘other good 
cause’’ the following: ‘‘, and that an incident or incidents 
of actual or threatened domestic violence, dating violence, 
or stalking shall not be construed as a serious or repeated 
violation of the lease by the victim or threatened victim 
of that violence and shall not be good cause for terminating 
the tenancy or occupancy rights of the victim of such 
violence’’; 
(C) in paragraph (7)(D), by inserting after ‘‘termination 
of tenancy’’ the following: ‘‘; except that (i) criminal activity
H. R. 3402—86
directly relating to domestic violence, dating violence, or 
stalking, engaged in by a member of a tenant’s household 
or any guest or other person under the tenant’s control 
shall not be cause for termination of the tenancy or occu-
pancy rights, if the tenant or immediate member of the 
tenant’s family is a victim of that domestic violence, dating 
violence, or stalking; (ii) notwithstanding clause (i), a public 
housing agency may terminate assistance to any individual 
who is a tenant or lawful occupant and who engages in 
criminal acts of physical violence against family members 
or others, or an owner or manager may bifurcate a lease 
under this section, in order to evict, remove, or terminate 
assistance to any individual who is a tenant or lawful 
occupant and who engages in criminal acts of physical 
violence against family members or others, without 
evicting, removing, terminating assistance to, or otherwise 
penalizing the victim of such violence who is also a tenant 
or lawful occupant; (iii) nothing in clause (i) may be con-
strued to limit the authority of a public housing agency, 
owner, or manager, when notified, to honor court orders 
addressing rights of access to control of the property, 
including civil protection orders issued to protect the victim 
and issued to address the distribution or possession of 
property among the household members in cases where 
a family breaks up; (iv) nothing in clause (i) limits any 
otherwise available authority of an owner or manager to 
evict or the public housing agency to terminate assistance 
to a tenant for any violation of a lease not premised on 
the act or acts of violence in question against the tenant 
or a member of the tenant’s household, provided that the 
owner, manager, or public housing agency does not subject 
an individual who is or has been a victim of domestic 
violence, dating violence, or stalking to a more demanding 
standard than other tenants in determining whether to 
evict or terminate; (v) nothing in clause (i) may be con-
strued to limit the authority of an owner or manager to 
evict, or the public housing agency to terminate, assistance 
to any tenant if the owner, manager, or public housing 
agency can demonstrate an actual and imminent threat 
to other tenants or those employed at or providing service 
to the property if that tenant is not evicted or terminated 
from assistance; and (vi) nothing in this section shall be 
construed to supersede any provision of any Federal, State, 
or local law that provides greater protection than this 
section for victims of domestic violence, dating violence, 
or stalking.’’; and 
(D) by adding at the end the following new paragraph: 
‘‘(20) PROHIBITED BASIS FOR TERMINATION OF ASSISTANCE.— 
‘‘(A) IN GENERAL.—A public housing agency may not termi-
nate assistance to a participant in the voucher program on 
the basis of an incident or incidents of actual or threatened 
domestic violence, dating violence, or stalking against that 
participant. 
‘‘(B) CONSTRUAL OF LEASE PROVISIONS.—Criminal activity 
directly relating to domestic violence, dating violence, or 
stalking shall not be considered a serious or repeated violation 
of the lease by the victim or threatened victim of that criminal
H. R. 3402—87
activity justifying termination of assistance to the victim or 
threatened victim. 
‘‘(C) TERMINATION ON THE BASIS OF CRIMINAL ACTIVITY.—
Criminal activity directly relating to domestic violence, dating 
violence, or stalking shall not be considered cause for termi-
nation of assistance for any participant or immediate member 
of a participant’s family who is a victim of the domestic violence, 
dating violence, or stalking. 
‘‘(D) EXCEPTIONS.— 
‘‘(i) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE 
FOR CRIMINAL ACTS.—Nothing in subparagraph (A), (B), 
or (C) may be construed to limit the authority of the 
public housing agency to terminate voucher assistance to 
individuals who engage in criminal acts of physical violence 
against family members or others. 
‘‘(ii) COMPLIANCE
WITH
COURT
ORDERS.—Nothing in 
subparagraph (A), (B), or (C) may be construed to limit 
the authority of a public housing agency, when notified, 
to honor court orders addressing rights of access to or 
control of the property, including civil protection orders 
issued to protect the victim and issued to address the 
distribution possession of property among the household 
members in cases where a family breaks up. 
‘‘(iii) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE 
VOUCHER ASSISTANCE FOR LEASE VIOLATIONS.—Nothing in 
subparagraph (A), (B), or (C) limit any otherwise available 
authority of the public housing agency to terminate voucher 
assistance to a tenant for any violation of a lease not 
premised on the act or acts of violence in question against 
the tenant or a member of the tenant’s household, provided 
that the public housing agency does not subject an indi-
vidual who is or has been a victim of domestic violence, 
dating violence, or stalking to a more demanding standard 
than other tenants in determining whether to terminate. 
‘‘(iv) PUBLIC HOUSING AUTHORITY RIGHT TO TERMINATE 
VOUCHER ASSISTANCE FOR IMMINENT THREAT.—Nothing in 
subparagraph (A), (B), or (C) may be construed to limit 
the authority of the public housing agency to terminate 
voucher assistance to a tenant if the public housing agency 
can demonstrate an actual and imminent threat to other 
tenants or those employed at or providing service to the 
property or public housing agency if that tenant is not 
evicted or terminated from assistance. 
‘‘(v) PREEMPTION.—Nothing in this section shall be con-
strued to supersede any provision of any Federal, State, 
or local law that provides greater protection than this 
section for victims of domestic violence, dating violence, 
or stalking.’’; 
(5) in subsection (r)(5), by inserting after ‘‘violation of a 
lease’’ the following: ‘‘, except that a family may receive a 
voucher from a public housing agency and move to another 
jurisdiction under the tenant-based assistance program if the 
family has complied with all other obligations of the section 
8 program and has moved out of the assisted dwelling unit 
in order to protect the health or safety of an individual who 
is or has been the victim of domestic violence, dating violence, 
or stalking and who reasonably believed he or she was
H. R. 3402—88
imminently threatened by harm from further violence if he 
or she remained in the assisted dwelling unit’’; and 
(6) by adding at the end the following new subsection: 
‘‘(ee) CERTIFICATION AND CONFIDENTIALITY.— 
‘‘(1) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—An owner, manager, or public 
housing 
agency 
responding 
to 
subsections 
(c)(9), 
(d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), and 
(r)(5) may request that an individual certify via a HUD 
approved certification form that the individual is a victim 
of domestic violence, dating violence, or stalking, and that 
the incident or incidents in question are bona fide incidents 
of such actual or threatened abuse and meet the require-
ments set forth in the aforementioned paragraphs. Such 
certification shall include the name of the perpetrator. The 
individual shall provide such certification within 14 busi-
ness days after the owner, manager, or public housing 
agency requests such certification. 
‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the indi-
vidual does not provide the certification within 14 business 
days after the owner, manager, public housing agency, 
or assisted housing provider has requested such certifi-
cation in writing, nothing in this subsection or in subsection 
(c)(9), (d)(1)(B)(ii), (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), 
or (r)(5) may be construed to limit the authority of an 
owner or manager to evict, or the public housing agency 
or assisted housing provider to terminate voucher assist-
ance for, any tenant or lawful occupant that commits viola-
tions of a lease. The owner, manager, public housing 
agency, or assisted housing provider may extend the 14-
day deadline at their discretion. 
‘‘(C) CONTENTS.—An individual may satisfy the certifi-
cation requirement of subparagraph (A) by— 
‘‘(i) providing the requesting owner, manager, or 
public housing agency with documentation signed by 
an employee, agent, or volunteer of a victim service 
provider, an attorney, or a medical professional, from 
whom the victim has sought assistance in addressing 
domestic violence, dating violence, sexual assault, or 
stalking, or the effects of the abuse, in which the 
professional attests under penalty of perjury (28 U.S.C. 
1746) to the professional’s belief that the incident or 
incidents in question are bona fide incidents of abuse, 
and the victim of domestic violence, dating violence, 
or stalking has signed or attested to the documenta-
tion; or 
‘‘(ii) producing a Federal, State, tribal, territorial, 
or local police or court record. 
‘‘(D) LIMITATION.—Nothing in this subsection shall be 
construed to require an owner, manager, or public housing 
agency to demand that an individual produce official docu-
mentation or physical proof of the individual’s status as 
a victim of domestic violence, dating violence, sexual 
assault, or stalking in order to receive any of the benefits 
provided in this section. At their discretion, the owner, 
manager, or public housing agency may provide benefits
H. R. 3402—89
to an individual based solely on the individual’s statement 
or other corroborating evidence. 
‘‘(E) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVI-
DENCE
OF
UNREASONABLE
ACT.—Compliance with this 
statute by an owner, manager, public housing agency, or 
assisted housing provider based on the certification speci-
fied in paragraphs (1)(A) and (B) of this subsection or 
based solely on the victim’s statement or other corrobo-
rating evidence, as permitted by paragraph (1)(C) of this 
subsection, shall not alone be sufficient to constitute evi-
dence of an unreasonable act or omission by an owner, 
manger, public housing agency, or assisted housing pro-
vider, or employee thereof. Nothing in this subparagraph 
shall be construed to limit liability for failure to comply 
with the requirements of subsection (c)(9), (d)(1)(B)(ii), 
(d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(20), or (r)(5). 
‘‘(F) PREEMPTION.—Nothing in this section shall be 
construed to supersede any provision of any Federal, State, 
or local law that provides greater protection than this 
section for victims of domestic violence, dating violence, 
or stalking. 
‘‘(2) CONFIDENTIALITY.— 
‘‘(A) IN
GENERAL.—All information provided to an 
owner, manager, or public housing agency pursuant to 
paragraph (1), including the fact that an individual is a 
victim of domestic violence, dating violence, or stalking, 
shall be retained in confidence by an owner, manager, 
or public housing agency, and shall neither be entered 
into any shared database nor provided to any related entity, 
except to the extent that disclosure is— 
‘‘(i) requested or consented to by the individual 
in writing; 
‘‘(ii) required for use in an eviction proceeding 
under 
subsection 
(c)(9), 
(d)(1)(B(ii), 
(d)(1)(B)(iii), 
(o)(7)(C), (o)(7)(D), or (o)(20),; or 
‘‘(iii) otherwise required by applicable law. 
‘‘(B) NOTIFICATION.—Public housing agencies must pro-
vide notice to tenants assisted under Section 8 of the United 
States Housing Act of 1937 of their rights under this sub-
section and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), 
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5), including their right 
to confidentiality and the limits thereof, and to owners 
and managers of their rights and obligations under this 
subsection and subsections (c)(9), (d)(1)(B(ii), (d)(1)(B)(iii), 
(o)(7)(C), (o)(7)(D), (o)(20), and (r)(5).’’. 
SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM. 
Section 6 of the United States Housing Act of 1937 (42 U.S.C. 
1437d) is amended— 
(1) in subsection (c), by redesignating paragraph (3) and 
(4), as paragraphs (4) and (5), respectively; 
(2) by inserting after paragraph (2) the following: 
‘‘(3) the public housing agency shall not deny admission 
to the project to any applicant on the basis that the applicant 
is or has been a victim of domestic violence, dating violence, 
or stalking if the applicant otherwise qualifies for assistance 
or admission, and that nothing in this section shall be construed
H. R. 3402—90
to supersede any provision of any Federal, State, or local law 
that provides greater protection than this section for victims 
of domestic violence, dating violence, or stalking’’; 
(3) in subsection (l)(5), by inserting after ‘‘other good cause’’ 
the following: ‘‘, and that an incident or incidents of actual 
or threatened domestic violence, dating violence, or stalking 
will not be construed as a serious or repeated violation of 
the lease by the victim or threatened victim of that violence 
and will not be good cause for terminating the tenancy or 
occupancy rights of the victim of such violence’’; 
(4) in subsection (l)(6), by inserting after ‘‘termination of 
tenancy’’ the following: ‘‘; except that: (A) criminal activity 
directly relating to domestic violence, dating violence, or 
stalking, engaged in by a member of a tenant’s household 
or any guest or other person under the tenant’s control, shall 
not be cause for termination of the tenancy or occupancy rights, 
if the tenant or immediate member of the tenant’s family is 
a victim of that domestic violence, dating violence, or stalking; 
(B) notwithstanding subparagraph (A), a public housing agency 
under this section may bifurcate a lease under this section, 
in order to evict, remove, or terminate assistance to any indi-
vidual who is a tenant or lawful occupant and who engages 
in criminal acts of physical violence against family members 
or others, without evicting, removing, terminating assistance 
to, or otherwise penalizing the victim of such violence who 
is also a tenant or lawful occupant; (C) nothing in subparagraph 
(A) may be construed to limit the authority of a public housing 
agency, when notified, to honor court orders addressing rights 
of access to or control of the property, including civil protection 
orders issued to protect the victim and issued to address the 
distribution or possession of property among the household 
members in cases where a family breaks up; (D) nothing in 
subparagraph (A) limits any otherwise available authority of 
a public housing agency to evict a tenant for any violation 
of a lease not premised on the act or acts of violence in question 
against the tenant or a member of the tenant’s household, 
provided that the public housing agency does not subject an 
individual who is or has been a victim of domestic violence, 
dating violence, or stalking to a more demanding standard 
than other tenants in determining whether to evict or termi-
nate; (E) nothing in subparagraph (A) may be construed to 
limit the authority of a public housing agency to terminate 
the tenancy of any tenant if the public housing agency can 
demonstrate an actual and imminent threat to other tenants 
or those employed at or providing service to the property if 
that tenant’s tenancy is not terminated; and (F) nothing in 
this section shall be construed to supersede any provision of 
any Federal, State, or local law that provides greater protection 
than this section for victims of domestic violence, dating 
violence, or stalking.’’; and 
(5) by inserting at the end of subsection (t) the following 
new subsection: 
‘‘(u) CERTIFICATION AND CONFIDENTIALITY.— 
‘‘(1) CERTIFICATION.— 
‘‘(A) IN GENERAL.—A public housing agency responding 
to subsection (l)(5) and (6) may request that an individual 
certify via a HUD approved certification form that the
H. R. 3402—91
individual is a victim of domestic violence, dating violence, 
or stalking, and that the incident or incidents in question 
are bona fide incidents of such actual or threatened abuse 
and meet the requirements set forth in the aforementioned 
paragraphs. Such certification shall include the name of 
the perpetrator. The individual shall provide such certifi-
cation within 14 business days after the public housing 
agency requests such certification. 
‘‘(B) FAILURE TO PROVIDE CERTIFICATION.—If the indi-
vidual does not provide the certification within 14 business 
days after the public housing agency has requested such 
certification in writing, nothing in this subsection, or in 
paragraph (5) or (6) of subsection (l), may be construed 
to limit the authority of the public housing agency to evict 
any tenant or lawful occupant that commits violations of 
a lease. The public housing agency may extend the 14-
day deadline at its discretion. 
‘‘(C) CONTENTS.—An individual may satisfy the certifi-
cation requirement of subparagraph (A) by— 
‘‘(i) providing the requesting public housing agency 
with documentation signed by an employee, agent, or 
volunteer of a victim service provider, an attorney, 
or a medical professional, from whom the victim has 
sought assistance in addressing domestic violence, 
dating violence, or stalking, or the effects of the abuse, 
in which the professional attests under penalty of per-
jury (28 U.S.C. 1746) to the professional’s belief that 
the incident or incidents in question are bona fide 
incidents of abuse, and the victim of domestic violence, 
dating violence, or stalking has signed or attested to 
the documentation; or 
‘‘(ii) producing a Federal, State, tribal, territorial, 
or local police or court record. 
‘‘(D) LIMITATION.—Nothing in this subsection shall be 
construed to require any public housing agency to demand 
that an individual produce official documentation or phys-
ical proof of the individual’s status as a victim of domestic 
violence, dating violence, or stalking in order to receive 
any of the benefits provided in this section. At the public 
housing agency’s discretion, a public housing agency may 
provide benefits to an individual based solely on the 
individual’s statement or other corroborating evidence. 
‘‘(E) PREEMPTION.—Nothing in this section shall be 
construed to supersede any provision of any Federal, State, 
or local law that provides greater protection than this 
section for victims of domestic violence, dating violence, 
or stalking. 
‘‘(F) COMPLIANCE NOT SUFFICIENT TO CONSTITUTE EVI-
DENCE
OF
UNREASONABLE
ACT.—Compliance with this 
statute by a public housing agency, or assisted housing 
provider based on the certification specified in subpara-
graphs (A) and (B) of this subsection or based solely on 
the victim’s statement or other corroborating evidence, as 
permitted by subparagraph (D) of this subsection, shall 
not alone be sufficient to constitute evidence of an 
unreasonable act or omission by a public housing agency 
or employee thereof. Nothing in this subparagraph shall
H. R. 3402—92
be construed to limit liability for failure to comply with 
the requirements of subsection (l)(5) and (6). 
‘‘(2) CONFIDENTIALITY.— 
‘‘(A) IN
GENERAL.—All information provided to any 
public housing agency pursuant to paragraph (1), including 
the fact that an individual is a victim of domestic violence, 
dating violence, or stalking, shall be retained in confidence 
by such public housing agency, and shall neither be entered 
into any shared database nor provided to any related entity, 
except to the extent that disclosure is— 
‘‘(i) requested or consented to by the individual 
in writing; 
‘‘(ii) required for use in an eviction proceeding 
under subsection (l)(5) or (6); or 
‘‘(iii) otherwise required by applicable law. 
‘‘(B) NOTIFICATION.—Public housing agencies must pro-
vide notice to tenants assisted under section 6 of the United 
States Housing Act of 1937 of their rights under this sub-
section and subsection (l)(5) and (6), including their right 
to confidentiality and the limits thereof. 
‘‘(3) DEFINITIONS.—For purposes of this subsection, sub-
section (c)(3), and subsection (l)(5) and (6)— 
‘‘(A) the term ‘domestic violence’ has the same meaning 
given the term in section 40002 of the Violence Against 
Women Act of 1994; 
‘‘(B) the term ‘dating violence’ has the same meaning 
given the term in section 40002 of the Violence Against 
Women Act of 1994; 
‘‘(C) the term ‘stalking’ means— 
‘‘(i)(I) to follow, pursue, or repeatedly commit acts 
with the intent to kill, injure, harass, or intimidate; 
or 
‘‘(II) to place under surveillance with the intent 
to kill, injure, harass, or intimidate another person; 
and 
‘‘(ii) in the course of, or as a result of, such fol-
lowing, pursuit, surveillance, or repeatedly committed 
acts, to place a person in reasonable fear of the death 
of, or serious bodily injury to, or to cause substantial 
emotional harm to— 
‘‘(I) that person; 
‘‘(II) a member of the immediate family of 
that person; or 
‘‘(III) the spouse or intimate partner of that 
person; and 
‘‘(D) the term ‘immediate family member’ means, with 
respect to a person— 
‘‘(i) a spouse, parent, brother or sister, or child 
of that person, or an individual to whom that person 
stands in loco parentis; or 
‘‘(ii) any other person living in the household of 
that person and related to that person by blood and 
marriage.’’.
H. R. 3402—93
TITLE VII—PROVIDING ECONOMIC 
SECURITY FOR VICTIMS OF VIOLENCE 
SEC. 701. GRANT FOR NATIONAL RESOURCE CENTER ON WORKPLACE 
RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND 
SEXUAL VIOLENCE. 
Subtitle N of the Violence Against Women Act of 1994 (Public 
Law 103–322; 108 Stat. 1902) is amended by adding at the end 
the following: 
‘‘Subtitle O—National Resource Center 
‘‘SEC. 41501. GRANT FOR NATIONAL RESOURCE CENTER ON WORK-
PLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC 
AND SEXUAL VIOLENCE. 
‘‘(a) AUTHORITY.—The Attorney General, acting through the 
Director of the Office on Violence Against Women, may award 
a grant to an eligible nonprofit nongovernmental entity or tribal 
organization, in order to provide for the establishment and operation 
of a national resource center on workplace responses to assist 
victims of domestic and sexual violence. The resource center shall 
provide information and assistance to employers and labor organiza-
tions to aid in their efforts to develop and implement responses 
to such violence. 
‘‘(b) APPLICATIONS.—To be eligible to receive a grant under 
this section, an entity or organization shall submit an application 
to the Attorney General at such time, in such manner, and con-
taining such information as the Attorney General may require, 
including— 
‘‘(1) information that demonstrates that the entity or 
organization has nationally recognized expertise in the area 
of domestic or sexual violence; 
‘‘(2) a plan to maximize, to the extent practicable, outreach 
to employers (including private companies and public entities 
such as public institutions of higher education and State and 
local governments) and labor organizations described in sub-
section (a) concerning developing and implementing workplace 
responses to assist victims of domestic or sexual violence; and 
‘‘(3) a plan for developing materials and training for mate-
rials for employers that address the needs of employees in 
cases of domestic violence, dating violence, sexual assault, and 
stalking impacting the workplace, including the needs of under-
served communities. 
‘‘(c) USE OF GRANT AMOUNT.— 
‘‘(1) IN GENERAL.—An entity or organization that receives 
a grant under this section may use the funds made available 
through the grant for staff salaries, travel expenses, equipment, 
printing, and other reasonable expenses necessary to develop, 
maintain, and disseminate to employers and labor organizations 
described in subsection (a), information and assistance con-
cerning workplace responses to assist victims of domestic or 
sexual violence. 
‘‘(2) RESPONSES.—Responses referred to in paragraph (1) 
may include—
H. R. 3402—94
‘‘(A) providing training to promote a better under-
standing of workplace assistance to victims of domestic 
or sexual violence; 
‘‘(B) providing conferences and other educational 
opportunities; and 
‘‘(C) developing protocols and model workplace policies. 
‘‘(d) LIABILITY.—The compliance or noncompliance of any 
employer or labor organization with any protocol or policy developed 
by an entity or organization under this section shall not serve 
as a basis for liability in tort, express or implied contract, or 
by any other means. No protocol or policy developed by an entity 
or organization under this section shall be referenced or enforced 
as a workplace safety standard by any Federal, State, or other 
governmental agency. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $1,000,000 for each 
of fiscal years 2007 through 2011. 
‘‘(f) AVAILABILITY OF GRANT FUNDS.—Funds appropriated under 
this section shall remain available until expended.’’. 
TITLE VIII—PROTECTION OF BATTERED 
AND TRAFFICKED IMMIGRANTS 
Subtitle A—Victims of Crime 
SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS. 
(a) TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS OF TRAF-
FICKING.—Section 101(a)(15)(T) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(T)) is amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), by striking 
‘‘Attorney General’’ and inserting ‘‘Secretary of Homeland 
Security, or in the case of subclause (III)(aa) the Secretary 
of Homeland Security and the Attorney General jointly;’’; 
(B) in subclause (III)(aa)— 
(i) by inserting ‘‘Federal, State, or local’’ before 
‘‘investigation’’; and 
(ii) by striking ‘‘, or’’ and inserting ‘‘or the inves-
tigation of crime where acts of trafficking are at least 
one central reason for the commission of that crime; 
or’’; and 
(C) in subclause (IV), by striking ‘‘and’’ at the end; 
(2) by amending clause (ii) to read as follows: 
‘‘(ii) if accompanying, or following to join, the alien 
described in clause (i)— 
‘‘(I) in the case of an alien described in clause (i) 
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 
‘‘(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; and’’; and 
(3) by inserting after clause (ii) the following:
H. R. 3402—95
‘‘(iii) if the Secretary of Homeland Security, in his or her 
discretion and with the consultation of the Attorney General, 
determines that a trafficking victim, due to psychological or 
physical trauma, is unable to cooperate with a request for 
assistance described in clause (i)(III)(aa), the request is 
unreasonable.’’. 
(b) TREATMENT
OF SPOUSES
AND CHILDREN
OF VICTIMS
OF 
ABUSE.—Section 101(a)(15)(U) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(U)) is amended— 
(1) in clause (i), by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Security’’; and 
(2) by amending clause (ii) to read as follows: 
‘‘(ii) if accompanying, or following to join, the alien 
described in clause (i)— 
‘‘(I) in the case of an alien described in clause (i) 
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 
‘‘(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; and’’. 
(c) TECHNICAL AMENDMENTS.—Section 101(i) of the Immigration 
and Nationality Act (8 U.S.C. 1101(i)) is amended— 
(1) in paragraph (1), by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Security, the Attorney Gen-
eral,’’; and 
(2) in paragraph (2), by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Security’’. 
SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING 
IN PERSONS. 
(a) IN GENERAL.—Section 212(a)(9)(B)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by 
adding at the end the following: 
‘‘(V) VICTIMS OF A SEVERE FORM OF TRAFFICKING IN 
PERSONS.—Clause (i) shall not apply to an alien who dem-
onstrates that the severe form of trafficking (as that term 
is defined in section 103 of the Trafficking Victims Protec-
tion Act of 2000 (22 U.S.C. 7102)) was at least one central 
reason for the alien’s unlawful presence in the United 
States.’’. 
(b) TECHNICAL AMENDMENT.—Paragraphs (13) and (14) of sec-
tion 212(d) of the Immigration and Nationality Act (8 U.S.C. 
1182(d)) are amended by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland Security’’. 
SEC. 803. ADJUSTMENT OF STATUS. 
(a) VICTIMS OF TRAFFICKING.—Section 245(l) of the Immigration 
and Nationality Act (8 U.S.C. 1255(l)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General’’ each place it 
appears and inserting ‘‘Secretary of Homeland Security, 
or in the case of subparagraph (C)(i), the Attorney Gen-
eral,’’; and 
(B) in subparagraph (A), by inserting at the end ‘‘or 
has been physically present in the United States for a 
continuous period during the investigation or prosecution
H. R. 3402—96
of acts of trafficking and that, in the opinion of the Attorney 
General, the investigation or prosecution is complete, 
whichever period of time is less;’’; 
(2) in paragraph (2), by striking ‘‘Attorney General’’ each 
place it appears and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
(3) in paragraph (5), by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Security’’. 
(b) VICTIMS OF CRIMES AGAINST WOMEN.—Section 245(m) of 
the Immigration and Nationality Act (8 U.S.C. 12255(m)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Attorney General may adjust’’ and 
inserting ‘‘Secretary of Homeland Security may adjust’’; 
and 
(B) in subparagraph (B), by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Security’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘Attorney General may adjust’’ and 
inserting ‘‘Secretary of Homeland Security may adjust’’; 
and 
(B) by striking ‘‘Attorney General considers’’ and 
inserting ‘‘Secretary considers’’; and 
(3) in paragraph (4), by striking ‘‘Attorney General’’ and 
inserting ‘‘Secretary of Homeland Security’’. 
SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAF-
FICKING. 
(a) CLARIFICATION OF DEPARTMENT OF JUSTICE AND DEPART-
MENT OF HOMELAND SECURITY ROLES.—Section 107 of the Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 7105) is amended— 
(1) in subsections (b)(1)(E), (e)(5), and (g), by striking 
‘‘Attorney General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(2) in subsection (c), by inserting ‘‘, the Secretary of Home-
land Security’’ after ‘‘Attorney General’’. 
(b) CERTIFICATION PROCESS.—Section 107(b)(1)(E) of the Traf-
ficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) 
is amended— 
(1) in clause (i)— 
(A) in the matter preceding subclause (I), by inserting 
‘‘and the Secretary of Homeland Security’’ after ‘‘Attorney 
General’’; and 
(B) in subclause (II)(bb), by inserting ‘‘and the Sec-
retary of Homeland Security’’ after ‘‘Attorney General’’. 
(2) in clause (ii), by inserting ‘‘Secretary of Homeland Secu-
rity’’ after ‘‘Attorney General’’; 
(3) in clause (iii)— 
(A) in subclause (II), by striking ‘‘and’’ at the end; 
(B) in subclause (III), by striking the period at the 
end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(IV) responding to and cooperating with 
requests for evidence and information.’’. 
(c) PROTECTION FROM REMOVAL FOR CERTAIN CRIME VICTIMS.—
Section 107(e) of the Trafficking Victims Protection Act of 2000
H. R. 3402—97
(22 U.S.C. 7105(e)) is amended by striking ‘‘Attorney General’’ each 
place it occurs and inserting ‘‘Secretary of Homeland Security’’. 
(d) ANNUAL REPORT.—Section 107(g) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting 
‘‘or the Secretary of Homeland Security’’ after ‘‘Attorney General’’. 
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE. 
(a) AGING OUT CHILDREN.—Section 204(a)(1)(D) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended— 
(1) in clause (i)— 
(A) 
in 
subclause 
(I), 
by 
inserting 
‘‘or 
section 
204(a)(1)(B)(iii)’’ after ‘‘204(a)(1)(A)’’ each place it appears; 
and 
(B) in subclause (III), by striking ‘‘a petitioner for 
preference status under paragraph (1), (2), or (3) of section 
203(a), whichever paragraph is applicable,’’ and inserting 
‘‘a VAWA self-petitioner’’; and 
(2) by adding at the end the following: 
‘‘(iv) Any alien who benefits from this subparagraph may adjust 
status in accordance with subsections (a) and (c) of section 245 
as an alien having an approved petition for classification under 
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii).’’. 
(b) APPLICATION OF CSPA PROTECTIONS.— 
(1) IMMEDIATE
RELATIVE
RULES.—Section 201(f) of the 
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended 
by adding at the end the following: 
‘‘(4) APPLICATION
TO
SELF-PETITIONS.—Paragraphs (1) 
through (3) shall apply to self-petitioners and derivatives of 
self-petitioners.’’. 
(2) CHILDREN RULES.—Section 203(h) of the Immigration 
and Nationality Act (8 U.S.C. 1153(h)) is amended by adding 
at the end the following: 
‘‘(4) APPLICATION
TO
SELF-PETITIONS.—Paragraphs (1) 
through (3) shall apply to self-petitioners and derivatives of 
self-petitioners.’’. 
(c) LATE
PETITION
PERMITTED
FOR
IMMIGRANT
SONS
AND 
DAUGHTERS BATTERED AS CHILDREN.— 
(1) IN GENERAL.—Section 204(a)(1)(D) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by 
subsection (a), is further amended by adding at the end the 
following: 
‘‘(v) For purposes of this paragraph, an individual who is not 
less than 21 years of age, who qualified to file a petition under 
subparagraph (A)(iv) as of the day before the date on which the 
individual attained 21 years of age, and who did not file such 
a petition before such day, shall be treated as having filed a petition 
under such subparagraph as of such day if a petition is filed 
for the status described in such subparagraph before the individual 
attains 25 years of age and the individual shows that the abuse 
was at least one central reason for the filing delay. Clauses (i) 
through (iv) of this subparagraph shall apply to an individual 
described in this clause in the same manner as an individual 
filing a petition under subparagraph (A)(iv).’’. 
(d) REMOVING A 2-YEAR CUSTODY AND RESIDENCY REQUIREMENT 
FOR BATTERED ADOPTED CHILDREN.—Section 101(b)(1)(E)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is 
amended by inserting before the colon the following: ‘‘or if the
H. R. 3402—98
child has been battered or subject to extreme cruelty by the adopting 
parent or by a family member of the adopting parent residing 
in the same household’’. 
Subtitle B—VAWA Self-Petitioners 
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER. 
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following: 
‘‘(51) The term ‘VAWA self-petitioner’ means an alien, or 
a child of the alien, who qualifies for relief under— 
‘‘(A) clause (iii), (iv), or (vii) of section 204(a)(1)(A); 
‘‘(B) clause (ii) or (iii) of section 204(a)(1)(B); 
‘‘(C) section 216(c)(4)(C); 
‘‘(D) the first section of Public Law 89–732 (8 U.S.C. 
1255 note) (commonly known as the Cuban Adjustment 
Act) as a child or spouse who has been battered or subjected 
to extreme cruelty; 
‘‘(E) section 902(d)(1)(B) of the Haitian Refugee 
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note); 
‘‘(F) section 202(d)(1) of the Nicaraguan Adjustment 
and Central American Relief Act; or 
‘‘(G) section 309 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (division C of 
Public Law 104–208).’’. 
SEC. 812. APPLICATION IN CASE OF VOLUNTARY DEPARTURE. 
Section 240B(d) of the Immigration and Nationality Act (8 
U.S.C. 1229c(d)) is amended to read as follows: 
‘‘(d) CIVIL PENALTY FOR FAILURE TO DEPART.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), if an alien 
is permitted to depart voluntarily under this section and volun-
tarily fails to depart the United States within the time period 
specified, the alien— 
‘‘(A) shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000; and 
‘‘(B) shall be ineligible, for a period of 10 years, to 
receive any further relief under this section and sections 
240A, 245, 248, and 249. 
‘‘(2) APPLICATION OF VAWA PROTECTIONS.—The restrictions 
on relief under paragraph (1) shall not apply to relief under 
section 240A or 245 on the basis of a petition filed by a VAWA 
self-petitioner, or a petition filed under section 240A(b)(2), or 
under section 244(a)(3) (as in effect prior to March 31, 1997), 
if the extreme cruelty or battery was at least one central 
reason for the alien’s overstaying the grant of voluntary depar-
ture. 
‘‘(3) NOTICE OF PENALTIES.—The order permitting an alien 
to depart voluntarily shall inform the alien of the penalties 
under this subsection.’’. 
SEC. 813. REMOVAL PROCEEDINGS. 
(a) EXCEPTIONAL CIRCUMSTANCES.— 
(1) IN GENERAL.—Section 240(e)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking 
‘‘serious illness of the alien’’ and inserting ‘‘battery or extreme
H. R. 3402—99
cruelty to the alien or any child or parent of the alien, serious 
illness of the alien,’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall apply to a failure to appear that occurs before, on, 
or after the date of the enactment of this Act. 
(b) DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION FOR 
ADMISSION.— 
(1) IN GENERAL.—The Secretary of Homeland Security, the 
Attorney General, and the Secretary of State shall continue 
to have discretion to consent to an alien’s reapplication for 
admission after a previous order of removal, deportation, or 
exclusion. 
(2) SENSE OF CONGRESS.—It is the sense of Congress that 
the officials described in paragraph (1) should particularly con-
sider exercising this authority in cases under the Violence 
Against Women Act of 1994, cases involving nonimmigrants 
described in subparagraph (T) or (U) of section 101(a)(15) of 
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)), 
and relief under section 240A(b)(2) or 244(a)(3) of such Act 
(as in effect on March 31, 1997) pursuant to regulations under 
section 212.2 of title 8, Code of Federal Regulations. 
(c) CLARIFYING APPLICATION OF DOMESTIC VIOLENCE WAIVER 
AUTHORITY IN CANCELLATION OF REMOVAL.— 
(1) IN GENERAL.—Section 240A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1229b(b)) is amended— 
(A) in paragraph (1)(C), by striking ‘‘(except in a case 
described in section 237(a)(7) where the Attorney General 
exercises discretion to grant a waiver)’’ and inserting ‘‘, 
subject to paragraph (5)’’; 
(B) in paragraph (2)(A)(iv), by striking ‘‘(except in a 
case described in section 237(a)(7) where the Attorney Gen-
eral exercises discretion to grant a waiver)’’ and inserting 
‘‘, subject to paragraph (5)’’; and 
(C) by adding at the end the following: 
‘‘(5) 
APPLICATION
OF
DOMESTIC
VIOLENCE
WAIVER 
AUTHORITY.—The authority provided under section 237(a)(7) 
may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in 
a cancellation of removal and adjustment of status proceeding.’’. 
SEC. 814. ELIMINATING ABUSERS’ CONTROL OVER APPLICATIONS AND 
LIMITATION ON PETITIONING FOR ABUSERS. 
(a) APPLICATION
OF VAWA DEPORTATION PROTECTIONS
TO 
ALIENS ELIGIBLE FOR RELIEF UNDER CUBAN ADJUSTMENT AND HAI-
TIAN REFUGEE IMMIGRATION FAIRNESS ACT.—Section 1506(c)(2) of 
the Violence Against Women Act of 2000 (8 U.S.C. 1229a note; 
division B of Public Law 106–386) is amended— 
(1) in subparagraph (A)— 
(A) by amending clause (i) to read as follows: 
‘‘(i) if the basis of the motion is to apply for relief 
under— 
‘‘(I) clause (iii) or (iv) of section 204(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(A)); 
‘‘(II) clause (ii) or (iii) of section 204(a)(1)(B) 
of such Act (8 U.S.C. 1154(a)(1)(B)); 
‘‘(III) section 244(a)(3) of such Act (8 U.S.C. 
8 U.S.C. 1254(a)(3));
H. R. 3402—100
‘‘(IV) the first section of Public Law 89–732 
(8 U.S.C. 1255 note) (commonly known as the 
Cuban Adjustment Act) as a child or spouse who 
has been battered or subjected to extreme cruelty; 
or 
‘‘(V) section 902(d)(1)(B) of the Haitian Refugee 
Immigration Fairness Act of 1998 (8 U.S.C. 1255 
note); and’’; and 
(B) in clause (ii), by inserting ‘‘or adjustment of status’’ 
after ‘‘suspension of deportation’’; and 
(2) in subparagraph (B)(ii), by striking ‘‘for relief’’ and 
all that follows through ‘‘1101 note))’’ and inserting ‘‘for relief 
described in subparagraph (A)(i)’’. 
(b) EMPLOYMENT
AUTHORIZATION
FOR
VAWA SELF-PETI-
TIONERS.—Section 204(a)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1154(a)(1)) is amended by adding at the end the following: 
‘‘(K) Upon the approval of a petition as a VAWA self-petitioner, 
the alien— 
‘‘(i) is eligible for work authorization; and 
‘‘(ii) may be provided an ‘employment authorized’ endorse-
ment or appropriate work permit incidental to such approval.’’. 
(c) EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES OF 
CERTAIN NONIMMIGRANTS.—Title I of the Immigration and Nation-
ality Act is amended by adding at the end the following new 
section: 
‘‘SEC. 106. EMPLOYMENT AUTHORIZATION FOR BATTERED SPOUSES 
OF CERTAIN NONIMMIGRANTS. 
‘‘(a) IN GENERAL.—In the case of an alien spouse admitted 
under subparagraph (A), (E)(iii), (G), or (H) of section 101(a)(15) 
who is accompanying or following to join a principal alien admitted 
under subparagraph (A), (E)(iii), (G), or (H) of such section, respec-
tively, the Secretary of Homeland Security may authorize the alien 
spouse to engage in employment in the United States and provide 
the spouse with an ‘employment authorized’ endorsement or other 
appropriate work permit if the alien spouse demonstrates that 
during the marriage the alien spouse or a child of the alien spouse 
has been battered or has been the subject of extreme cruelty per-
petrated by the spouse of the alien spouse. Requests for relief 
under this section shall be handled under the procedures that 
apply to aliens seeking relief under section 204(a)(1)(A)(iii). 
‘‘(b) CONSTRUCTION.—The grant of employment authorization 
pursuant to this section shall not confer upon the alien any other 
form of relief.’’. 
(d) CLERICAL AMENDMENT.—The table of contents of such Act 
is amended by inserting after the item relating to section 105 
the following new item:
‘‘Sec. 106. Employment authorization for battered spouses of certain non-
immigrants.’’.
(e) LIMITATION ON PETITIONING FOR ABUSER.—Section 204(a)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
amended by adding at the end the following new subparagraph: 
‘‘(L) Notwithstanding the previous provisions of this 
paragraph, an individual who was a VAWA petitioner or 
who had the status of a nonimmigrant under subparagraph 
(T) or (U) of section 101(a)(15) may not file a petition 
for classification under this section or section 214 to classify
H. R. 3402—101
any person who committed the battery or extreme cruelty 
or trafficking against the individual (or the individual’s 
child) which established the individual’s (or individual’s 
child) eligibility as a VAWA petitioner or for such non-
immigrant status.’’. 
SEC. 815. APPLICATION FOR VAWA-RELATED RELIEF. 
(a) IN GENERAL.—Section 202(d)(1) of the Nicaraguan Adjust-
ment and Central American Relief Act (8 U.S.C. 1255 note; Public 
Law 105–100) is amended— 
(1) in subparagraph (B)(ii), by inserting ‘‘, or was eligible 
for adjustment,’’ after ‘‘whose status is adjusted’’; and 
(2) in subparagraph (E), by inserting ‘‘, or, in the case 
of an alien who qualifies under subparagraph (B)(ii), applies 
for such adjustment during the 18-month period beginning 
on the date of enactment of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005’’ after ‘‘April 
1, 2000’’. 
(b) TECHNICAL AMENDMENT.—Section 202(d)(3) of such Act (8 
U.S.C. 1255 note; Public Law 105–100) is amended by striking 
‘‘204(a)(1)(H)’’ and inserting ‘‘204(a)(1)(J)’’. 
(c) EFFECTIVE DATE.—The amendment made by subsection (b) 
shall take effect as if included in the enactment of the Violence 
Against Women Act of 2000 (division B of Public Law 106–386; 
114 Stat. 1491). 
SEC. 816. SELF-PETITIONING PARENTS. 
Section 204(a)(1)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1154(a)(1)(A)) is amended by adding at the end the fol-
lowing: 
‘‘(vii) An alien may file a petition with the Secretary of Home-
land Security under this subparagraph for classification of the 
alien under section 201(b)(2)(A)(i) if the alien— 
‘‘(I) is the parent of a citizen of the United States or 
was a parent of a citizen of the United States who, within 
the past 2 years, lost or renounced citizenship status related 
to an incident of domestic violence or died; 
‘‘(II) is a person of good moral character; 
‘‘(III) is eligible to be classified as an immediate relative 
under section 201(b)(2)(A)(i); 
‘‘(IV) resides, or has resided, with the citizen daughter 
or son; and 
‘‘(V) demonstrates that the alien has been battered or sub-
ject to extreme cruelty by the citizen daughter or son.’’. 
SEC. 817. VAWA CONFIDENTIALITY NONDISCLOSURE. 
Section 384 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1367) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘(including any bureau or agency of such Department)’’ 
and inserting ‘‘, the Secretary of Homeland Security, the 
Secretary of State, or any other official or employee of 
the Department of Homeland Security or Department of 
State (including any bureau or agency of either of such 
Departments)’’; and 
(B) in paragraph (1)—