[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1197 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                S. 1197

_______________________________________________________________________

                                 AN ACT


 
         To reauthorize the Violence Against Women Act of 1994.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violence Against Women Act of 
2005''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant provisions.
    TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                         VIOLENCE AGAINST WOMEN

Sec. 101. Stop grants improvements.
Sec. 102. Grants to encourage arrest and enforce protection orders 
                            improvements.
Sec. 103. Legal assistance for victims improvements.
Sec. 104. Ensuring crime victim access to legal services. 
Sec. 105. The Violence Against Women Act court training and 
                            improvements.
Sec. 106. Full faith and credit improvements.
Sec. 107. Privacy protections for victims of domestic violence, dating 
                            violence, sexual violence, and stalking.
Sec. 108. Sex offender management.
Sec. 109. Stalker database.
Sec. 110. Federal victim assistants reauthorization.
Sec. 111. Grants for law enforcement training programs. 
Sec. 112. Reauthorization of the Court-Appointed Special Advocate 
                            Program. 
Sec. 113. Preventing cyberstalking. 
Sec. 114. Criminal provision relating to stalking. 
Sec. 115. Repeat offender provision. 
Sec. 116. Prohibiting dating violence. 
Sec. 117. Prohibiting violence in special maritime and territorial 
                            jurisdiction.
Sec. 118. Updating Protection Order Definition.
 TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 201. Findings.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the rural domestic violence and child abuse 
                            enforcement assistance program.
Sec. 204. Training and services to end violence against women with 
                            disabilities.
Sec. 205. Training and services to end violence against women in later 
                            life.
Sec. 206. Strengthening the national domestic violence hotline.
   TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

Sec. 301. Findings.
Sec. 302. Rape prevention and education.
Sec. 303. Services, education, protection, and justice for young 
                            victims of violence.
Sec. 304. Grants to reduce violence against women on campus.
Sec. 305. Juvenile justice.
Sec. 306. Safe havens.
   TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE

Sec. 401. Preventing violence against women and children.
Sec. 402. Study conducted by the Centers for Disease Control and 
                            Prevention.
  TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC 
        VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Training and education of health professionals in domestic 
                            and sexual violence.
Sec. 504. Grants to foster public health responses to domestic 
                            violence, dating violence, sexual assault, 
                            and stalking grants.
Sec. 505. Research on effective interventions in the healthcare 
                            setting.
   TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND 
                                CHILDREN

Sec. 601. Addressing the housing needs of victims of domestic violence, 
                            dating violence, sexual assault, and 
                            stalking.
Sec. 602. Transitional housing assistance grants for victims of 
                            domestic violence, dating violence, sexual 
                            assault, or stalking.
Sec. 603. Public housing authority plans reporting requirement.
Sec. 604. Housing strategies.
Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
Sec. 606. Amendments to the low-income housing assistance voucher 
                            program.
Sec. 607. Amendments to the public housing program.
     TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

Sec. 701. Grant for national clearinghouse and resource center on 
                            workplace responses to assist victims of 
                            domestic and sexual violence.
      TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANTS

                      Subtitle A--Victims of Crime

Sec. 801. Treatment of spouse and children of victims. 
Sec. 802. Presence of victims of a severe form of trafficking in 
                            persons. 
Sec. 803. Adjustment of status for victims of trafficking. 
Sec. 804. Protection and assistance for victims of trafficking. 
Sec. 805. Protecting victims of child abuse. 
                   Subtitle B--VAWA Self-Petitioners

Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application to fiancees who do not marry within 90-day 
                            period. 
Sec. 813. Application in case of voluntary departure. 
Sec. 814. Removal proceedings. 
Sec. 815. Eliminating abusers' control over applications for 
                            adjustments of status. 
Sec. 816. Application for VAWA-related relief. 
Sec. 817. Self-petitioning parents. 
Sec. 818. VAWA confidentiality nondisclosure.
                  Subtitle C--Miscellaneous Amendments

Sec. 821. Duration of T and U visas. 
Sec. 822. Technical correction to references in application of special 
                            physical presence and good moral character 
                            rules. 
Sec. 823. Petitioning rights of certain former spouses under Cuban 
                            adjustment. 
Sec. 824. Self-petitioning rights of HRIFA applicants. 
Sec. 825. Deportation proceedings.
Sec. 826. Protecting abused juveniles.
Sec. 827. Exception for the protection of domestic violence and crime 
                            victims.
Sec. 828. Rulemaking. 
          Subtitle D--International Marriage Broker Regulation

Sec. 831. Short title. 
Sec. 832. Definitions. 
Sec. 833. Regulation of international marriage brokers. 
Sec. 834. Information about legal rights and resources for immigrant 
                            victims of domestic violence. 
Sec. 835. Changes in processing K nonimmigrant visas; consular 
                            confidentiality. 
Sec. 836. Study and report.
Sec. 837. Effective date.
                   TITLE IX--SAFETY FOR INDIAN WOMEN

Sec. 901. Findings.
Sec. 902. Purposes.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Tracking of violence against Indian women.
Sec. 906. Safety for Indian women formula grants program.
Sec. 907. Tribal deputy in the Office on Violence Against Women.
Sec. 908. Enhanced criminal law resources.
Sec. 909. Domestic assault by an habitual offender.
                      TITLE X--DNA FINGERPRINTING

Sec. 1001. Short title.
Sec. 1002. Use of opt-out procedure to remove samples from national DNA 
                            index.
Sec. 1003. Expanded use of CODIS grants.
Sec. 1004. Authorization to conduct DNA sample collection from persons 
                            arrested or detained under Federal 
                            authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.

SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.

    (a) In General.--The Violence Against Women Act of 1994 (108 Stat. 
1902 et seq.) is amended by adding after section 40001 the following:

``SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.

    ``(a) Definitions.--In this title:
            ``(1) Courts.--The term `courts' means any civil or 
        criminal, tribal, and Alaskan Village, Federal, State, local or 
        territorial court having jurisdiction to address domestic 
        violence, dating violence, sexual assault or stalking, 
        including immigration, family, juvenile, and dependency courts, 
        and the judicial officers serving in those courts, including 
        judges, magistrate judges, commissioners, justices of the 
        peace, or any other person with decisionmaking authority.
            ``(2) Child abuse and neglect.--The term `child abuse and 
        neglect' means any recent act or failure to act on the part of 
        a parent or caregiver which results in death, serious physical 
        or emotional harm, sexual abuse, or exploitation, or an act or 
        failure to act which presents an imminent risk of serious harm.
            ``(3) Child maltreatment.--The term `child maltreatment' 
        means the physical or psychological abuse or neglect of a child 
        or youth, including sexual assault and abuse.
            ``(4) Court-based and court-related personnel.--The term 
        `court-based' and `court-related personnel' mean persons 
        working in the court, whether paid or volunteer, including--
                    ``(A) clerks, special masters, domestic relations 
                officers, administrators, mediators, custody 
                evaluators, guardians ad litem, lawyers, negotiators, 
                probation, parole, interpreters, victim assistants, 
                victim advocates, and judicial, administrative, or any 
                other professionals or personnel similarly involved in 
                the legal process;
                    ``(B) court security personnel;
                    ``(C) personnel working in related, supplementary 
                offices or programs (such as child support 
                enforcement); and
                    ``(D) any other court-based or community-based 
                personnel having responsibilities or authority to 
                address domestic violence, dating violence, sexual 
                assault, or stalking in the court system.
            ``(5) Domestic violence.--The term `domestic violence' 
        includes felony or misdemeanor crimes of violence committed by 
        a current or former spouse of the victim, by a person with whom 
        the victim shares a child in common, by a person who is 
        cohabitating with or has cohabitated with the victim as a 
        spouse, by a person similarly situated to a spouse of the 
        victim under the domestic or family violence laws of the 
        jurisdiction receiving grant monies, or by any other person 
        against an adult, youth, or child victim who is protected from 
        that person's acts under the domestic or family violence laws 
        of the jurisdiction.
            ``(6) Dating partner.--The term `dating partner' refers to 
        a person who is or has been in a social relationship of a 
        romantic or intimate nature with the abuser, and where the 
        existence of such a relationship shall be determined based on a 
        consideration of--
                    ``(A) the length of the relationship;
                    ``(B) the type of relationship; and
                    ``(C) the frequency of interaction between the 
                persons involved in the relationship.
            ``(7) Dating violence.--The term `dating violence' means 
        violence committed by a person--
                    ``(A) who is or has been in a social relationship 
                of a romantic or intimate nature with the victim; and
                    ``(B) where the existence of such a relationship 
                shall be determined based on a consideration of the 
                following factors:
                            ``(i) The length of the relationship.
                            ``(ii) The type of relationship.
                            ``(iii) The frequency of interaction 
                        between the persons involved in the 
                        relationship.
            ``(8) Elder abuse.--The term `elder abuse' means any action 
        against a person who is 50 years of age or older that 
        constitutes the willful--
                    ``(A) infliction of injury, unreasonable 
                confinement, intimidation, or cruel punishment with 
                resulting physical harm, pain, or mental anguish; or
                    ``(B) deprivation by a person, including a 
                caregiver, of goods or services that are necessary to 
                avoid physical harm, mental anguish, or mental illness.
            ``(9) Indian.--The term `Indian' means a member of an 
        Indian tribe.
            ``(10) Indian country.--The term ``Indian country'' has the 
        same meaning given such term in section 1151 of title 18, 
        United States Code.
            ``(11) Indian housing.--The term `Indian housing' means 
        housing assistance described in the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
        et seq., as amended).
            ``(12) Indian tribe.--The term `Indian tribe' means a 
        tribe, band, pueblo, nation, or other organized group or 
        community of Indians, including any Alaska Native village or 
        regional or village corporation (as defined in, or established 
        pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 
        1601 et seq.)), that is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.
            ``(13) Indian law enforcement.--The term `Indian law 
        enforcement' means the departments or individuals under the 
        direction of the Indian tribe that maintain public order.
            ``(14) Law enforcement.--The term `law enforcement' means a 
        public agency charged with policing functions, including any of 
        its component bureaus (such as governmental victim services 
        programs), including those referred to in section 3 of the 
        Indian Enforcement Reform Act (25 U.S.C. 2802).
            ``(15) Legal assistance.--The term `legal assistance' 
        includes assistance to adult and youth victims of domestic 
        violence, dating violence, sexual assault, and stalking in--
                    ``(A) family, tribal, territorial, immigration, 
                employment, administrative agency, housing matters, 
                campus administrative or protection or stay away order 
                proceedings, and other similar matters; and
                    ``(B) criminal justice investigations, prosecutions 
                and post-trial matters (including sentencing, parole, 
                and probation) that impact the victim's safety and 
                privacy.
            ``(16) Linguistically and culturally specific services.--
        The term `linguistically and culturally specific services' 
        means community-based services that offer full linguistic 
        access and culturally specific services and resources, 
        including outreach, collaboration, and support mechanisms 
        primarily directed toward racial and ethnic populations and 
        other underserved communities.
            ``(17) Personally identifying information or personal 
        information.--The term `personally identifying information' or 
        `personal information' means individually 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--
                    ``(A) a first and last name;
                    ``(B) a home or other physical address;
                    ``(C) contact information (including a postal, e-
                mail or Internet protocol address, or telephone or 
                facsimile number);
                    ``(D) a social security number; and
                    ``(E) any other information, including date of 
                birth, racial or ethnic background, or religious 
                affiliation, that, in combination with any of 
                subparagraphs (A) through (D), would serve to identify 
                any individual.
            ``(18) Prosecution.--The term `prosecution' means any 
        public agency charged with direct responsibility for 
        prosecuting criminal offenders, including such agency's 
        component bureaus (such as governmental victim services 
        programs).
            ``(19) Protection order or restraining order.--The term 
        `protection order' or `restraining order' includes--
                    ``(A) any injunction, restraining order, or any 
                other order issued by a civil or criminal court for the 
                purpose of preventing violent or threatening acts or 
                harassment against, sexual violence or contact or 
                communication with or physical proximity to, another 
                person, including any temporary or final orders issued 
                by civil or criminal courts whether obtained by filing 
                an independent action or as a pendente lite order in 
                another proceeding so long as any civil order was 
                issued in response to a complaint, petition, or motion 
                filed by or on behalf of a person seeking protection; 
                and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies, or relief issued as part 
                of a protection order, restraining order, or stay away 
                injunction pursuant to State, tribal, territorial, or 
                local law authorizing the issuance of protection 
                orders, restraining orders, or injunctions for the 
                protection of victims of domestic violence, dating 
                violence, sexual assault, or stalking.
            ``(20) Rural area and rural community.--The term `rural 
        area' and `rural community' mean--
                    ``(A) any area or community, respectively, no part 
                of which is within an area designated as a standard 
                metropolitan statistical area by the Office of 
                Management and Budget; or
                    ``(B) any area or community, respectively, that 
                is--
                            ``(i) within an area designated as a 
                        metropolitan statistical area or considered as 
                        part of a metropolitan statistical area; and
                            ``(ii) located in a rural census tract.
            ``(21) Rural state.--The term `rural State' means a State 
        that has a population density of 52 or fewer persons per square 
        mile or a State in which the largest county has fewer than 
        150,000 people, based on the most recent decennial census.
            ``(22) Sexual assault.--The term `sexual assault' means any 
        conduct prescribed by chapter 109A of title 18, United States 
        Code, whether or not the conduct occurs in the special maritime 
        and territorial jurisdiction of the United States or in a 
        Federal prison and includes both assaults committed by 
        offenders who are strangers to the victim and assaults 
        committed by offenders who are known or related by blood or 
        marriage to the victim.
            ``(23) Stalking.--The term `stalking' means engaging in a 
        course of conduct directed at a specific person that would 
        cause a reasonable person to--
                    ``(A) fear for his or her safety or the safety of 
                others; or
                    ``(B) suffer substantial emotional distress.
            ``(24) State.--The term `State' means each of the several 
        States and the District of Columbia, and except as otherwise 
        provided, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, the Virgin Islands, and the Northern Mariana Islands.
            ``(25) State domestic violence coalition.--The term `State 
        domestic violence coalition' means a program determined by the 
        Administration for Children and Families under the Family 
        Violence Prevention and Services Act (42 U.S.C. 10410(b)).
            ``(26) State sexual assault coalition.--The term `State 
        sexual assault coalition' means a program determined by the 
        Center for Injury Prevention and Control of the Centers for 
        Disease Control and Prevention under the Public Health Service 
        Act (42 U.S.C. 280b et seq.).
            ``(27) Territorial domestic violence or sexual assault 
        coalition.--The term `territorial domestic violence or sexual 
        assault coalition' means a program addressing domestic or 
        sexual violence that is--
                    ``(A) an established nonprofit, nongovernmental 
                territorial coalition addressing domestic violence or 
                sexual assault within the territory; or
                    ``(B) a nongovernmental organization with a 
                demonstrated history of addressing domestic violence or 
                sexual assault within the territory that proposes to 
                incorporate as a nonprofit, nongovernmental territorial 
                coalition.
            ``(28) Tribal coalition.--The term `tribal coalition' 
        means--
                    ``(A) an established nonprofit, nongovernmental 
                tribal coalition addressing domestic violence and 
                sexual assault against American Indian or Alaskan 
                Native women; or
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against American Indian or Alaskan Native 
                women.
            ``(29) Tribal government.--The term `tribal government' 
        means--
                    ``(A) the governing body of an Indian tribe; or
                    ``(B) a tribe, band, pueblo, nation, or other 
                organized group or community of Indians, including any 
                Alaska Native village or regional or village 
                corporation (as defined in, or established pursuant to, 
                the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
                et seq.)), that is recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as Indians.
            ``(30) Tribal organization.--The term `tribal organization' 
        means--
                    ``(A) the governing body of any Indian tribe;
                    ``(B) any legally established organization of 
                Indians which is controlled, sanctioned, or chartered 
                by such governing body of a tribe or tribes to be 
                served, or which is democratically elected by the adult 
                members of the Indian community to be served by such 
                organization and which includes the maximum 
                participation of Indians in all phases of its 
                activities; or
                    ``(C) any tribal nonprofit organization.
            ``(31) Underserved populations.--The term `underserved 
        populations' includes populations underserved because of 
        geographic location, underserved racial and ethnic populations, 
        populations underserved because of special needs (such as 
        language barriers, disabilities, alienage status, or age), and 
        any other population determined to be underserved by the 
        Attorney General.
            ``(32) Victim advocate.--The term `victim advocate' means a 
        person, whether paid or serving as a volunteer, who provides 
        services to victims of domestic violence, sexual assault, 
        stalking, or dating violence under the auspices or supervision 
        of a victim services program.
            ``(33) Victim assistant.--The term `victim assistant' means 
        a person, whether paid or serving as a volunteer, who provides 
        services to victims of domestic violence, sexual assault, 
        stalking, or dating violence under the auspices or supervision 
        of a court or a law enforcement or prosecution agency.
            ``(34) Victim services or victim service provider.--The 
        term `victim services' or `victim service provider' means a 
        nonprofit, nongovernmental organization that assists domestic 
        violence, dating violence, sexual assault, or stalking victims, 
        including rape crisis centers, domestic violence shelters, 
        faith-based organizations, and other organizations, with a 
        documented history of effective work concerning domestic 
        violence, dating violence, sexual assault, or stalking.
            ``(35) Youth.--The term `youth' means teen and young adult 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking.
    ``(b) Grant Conditions.--
            ``(1) Match.--No matching funds shall be required for a 
        grant or subgrant made under this title for any unit of local 
        government, tribe, territory, or victim service provider.
            ``(2) Nondisclosure of confidential or private 
        information.--
                    ``(A) In general.--In order to ensure the safety of 
                adult, youth, and child victims of domestic violence, 
                dating violence, sexual assault, or stalking, and their 
                families, grantees and subgrantees under this title 
                shall protect the confidentiality and privacy of 
                persons receiving services.
                    ``(B) Nondisclosure.--Subject to subparagraphs (C) 
                and (D), grantees and subgrantees shall not--
                            ``(i) disclose any personally identifying 
                        information or individual information collected 
                        in connection with services requested, 
                        utilized, or denied through grantees' and 
                        subgrantees' programs; or
                            ``(ii) reveal individual client information 
                        without the informed, written, reasonably time-
                        limited consent of the person (or in the case 
                        of an unemancipated minor, the minor and the 
                        parent or guardian or in the case of persons 
                        with disabilities, the guardian) about whom 
                        information is sought, whether for this program 
                        or any other Federal, State, tribal, or 
                        territorial grant program, except that consent 
                        for release may not be given by the abuser of 
                        the minor, person with disabilities, or the 
                        abuser of the other parent of the minor.
                    ``(C) Release.--If release of information described 
                in subparagraph (B) is compelled by statutory or court 
                mandate--
                            ``(i) grantees and subgrantees shall make 
                        reasonable attempts to provide notice to 
                        victims affected by the disclosure of 
                        information; and
                            ``(ii) grantees and subgrantees shall take 
                        steps necessary to protect the privacy and 
                        safety of the persons affected by the release 
                        of the information.
                    ``(D) Information sharing.--Grantees and 
                subgrantees may share--
                            ``(i) nonpersonally identifying data in the 
                        aggregate regarding services to their clients 
                        and nonpersonally identifying demographic 
                        information in order to comply with Federal, 
                        State, tribal, or territorial reporting, 
                        evaluation, or data collection requirements;
                            ``(ii) court-generated information and law-
                        enforcement generated information contained in 
                        secure, governmental registries for protection 
                        order enforcement purposes; and
                            ``(iii) law enforcement- and prosecution-
                        generated information necessary for law 
                        enforcement and prosecution purposes.
            ``(3) Approved activities.--In carrying out the activities 
        under this title, grantees and subgrantees may collaborate with 
        and provide information to Federal, State, local, tribal, and 
        territorial public officials and agencies to develop and 
        implement policies to reduce or eliminate domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(4) Non-supplantation.--Any Federal funds received under 
        this title shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for activities 
        under this title.
            ``(5) Use of funds.--Funds authorized and appropriated 
        under this title may be used only for the specific purposes 
        described in this title and shall remain available until 
        expended.
            ``(6) Reports.--An entity receiving a grant under this 
        title shall submit to the disbursing agency a report detailing 
        the activities undertaken with the grant funds, including and 
        providing additional information as the agency shall require.
            ``(7) Evaluation.--Federal agencies disbursing funds under 
        this title shall set aside up to 3 percent of such funds in 
        order to conduct--
                    ``(A) evaluations of specific programs or projects 
                funded by the disbursing agency under this title or 
                related research; or
                    ``(B) evaluations of promising practices or 
                problems emerging in the field or related research, in 
                order to inform the agency or agencies as to which 
                programs or projects are likely to be effective or 
                responsive to needs in the field.
            ``(8) Nonexclusivity.--Nothing in this title shall be 
        construed to prohibit male victims of domestic violence, dating 
        violence, sexual assault, and stalking from receiving benefits 
        and services under this title.''.
    (b) Definitions and Grant Conditions in Crime Control Act.--
            (1) Part t.--Part T of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is 
        amended by striking section 2008 and inserting the following:

``SEC. 2008. DEFINITIONS AND GRANT CONDITIONS.

    ``In this part the definitions and grant conditions in section 
40002 of the Violence Against Women Act of 1994 shall apply.''.
            (2) Part u.--Section 2105 of the Omnibus Crime Control and 
        Safe Streets Act of 1968 is amended to read as follows:

``SEC. 2105. DEFINITIONS AND GRANT CONDITIONS.

    ``In this part the definitions and grant conditions in section 
40002 of the Violence Against Women Act of 1994 shall apply.''.
    (c) Definitions and Grant Conditions in 2000 Act.--Section 1002 of 
the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-2 note) is 
amended to read as follows:

``SEC. 1002. DEFINITIONS AND GRANT CONDITIONS.

    ``In this division the definitions and grant conditions in section 
40002 of the Violence Against Women Act of 1994 shall apply.''.

    TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT 
                         VIOLENCE AGAINST WOMEN

SEC. 101. STOP GRANTS IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(18) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(18)) is amended by striking ``$185,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$225,000,000 for each of 
fiscal years 2006 through 2010''.
    (b) Purpose Area Enhancements.--Section 2001(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg(b)) is amended--
            (1) in paragraph (10), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (11), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(12) maintaining core victim services and criminal 
        justice initiatives, while supporting complementary new 
        initiatives and emergency services for victims and their 
        families.''.
    (c) Clarification of Activities Regarding Underserved 
Populations.--Section 2007 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
            (1) in subsection (c)(2), by inserting before the semicolon 
        the following: ``and describe how the State will address the 
        needs of racial and ethnic populations and underserved 
        populations''; and
            (2) in subsection (e)(2), by striking subparagraph (D) and 
        inserting the following:
                    ``(D) recognize and meaningfully respond to the 
                needs of underserved populations and ensure that monies 
                set aside to fund linguistically and culturally 
                specific services and activities for underserved 
                populations are distributed equitably among those 
                populations.''.
    (d) Tribal and Territorial Setasides.--Section 2007 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``5 percent'' and 
                inserting ``10 percent'';
                    (B) in paragraph (2), striking by ``\1/54\'' and 
                inserting ``\1/56\'';
                    (C) in paragraph (3), by striking ``and the 
                coalition for the combined Territories of the United 
                States, each receiving an amount equal to \1/54\'' and 
                inserting ``coalitions for Guam, American Samoa, the 
                United States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, each receiving an amount 
                equal to 1/56''; and
                    (D) in paragraph (4), by striking ``1/54'' and 
                inserting ``1/56''; and
            (2) in subsection (d)--
                    (A) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) documentation showing that tribal, territorial, State 
        or local prosecution, law enforcement, and court and victim 
        service providers have consulted with tribal, territorial, 
        State, or local victim service programs during the course of 
        developing their grant applications in order to ensure that 
        proposed services, activities and equipment acquisitions are 
        designed to promote the safety, confidentiality, and economic 
        independence of victims of domestic violence, sexual assault, 
        stalking, and dating violence.''.
    (e) Training, Technical Assistance, and Data Collection.--Section 
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796gg-1) is amended by adding at the end the following:
    ``(i) Training, Technical Assistance, and Data Collection.--
            ``(1) In general.--Of the total amounts appropriated under 
        this part, not less than 3 percent and up to 8 percent shall be 
        available for providing training and technical assistance 
        relating to the purpose areas of this part to improve the 
        capacity of grantees, subgrantees and other entities.
            ``(2) Indian training.--The Director of the Office on 
        Violence Against Women shall ensure that training or technical 
        assistance regarding violence against Indian women will be 
        developed and provided by entities having expertise in tribal 
        law, customary practices, and Federal Indian law.''.
    (f) Availability of Forensic Medical Exams.--Section 2010 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) 
is amended by adding at the end the following:
    ``(c) Use of Funds.--A State or Indian tribal government may use 
Federal grant funds under this part to pay for forensic medical exams 
performed by trained examiners for victims of sexual assault, except 
that such funds may not be used to pay for forensic medical exams by 
any State, Indian tribal government, or territorial government that 
requires victims of sexual assault to seek reimbursement for such exams 
from their insurance carriers.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to permit a State, Indian tribal government, or territorial 
government to require a victim of sexual assault to participate in the 
criminal justice system or cooperate with law enforcement in order to 
be provided with a forensic medical exam, reimbursement for charges 
incurred on account of such an exam, or both.
    ``(e) Judicial Notification.--
            ``(1) In general.--A State or unit of local government 
        shall not be entitled to funds under this part unless the State 
        or unit of local government--
                    ``(A) certifies that its judicial administrative 
                policies and practices include notification to domestic 
                violence offenders of the requirements delineated in 
                section 922(g)(8) and (g)(9) of title 18, United States 
                Code, and any applicable related Federal, State, or 
                local laws; or
                    ``(B) gives the Attorney General assurances that 
                its judicial administrative policies and practices will 
                be in compliance with the requirements of subparagraph 
                (A) within the later of--
                            ``(i) the period ending on the date on 
                        which the next session of the State legislature 
                        ends; or
                            ``(ii) 2 years.
            ``(2) Redistribution.--Funds withheld from a State or unit 
        of local government under subsection (a) shall be distributed 
        to other States and units of local government, pro rata.''.
    (g) Polygraph Testing Prohibition.--Part T of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
seq.) is amended by adding at the end the following:

``SEC. 2013. POLYGRAPH TESTING PROHIBITION.

    ``(a) In General.--In order to be eligible for grants under this 
part, a State, Indian tribal government, territorial government, or 
unit of local government shall certify that, not later than 3 years 
after the date of enactment of this section, their laws, policies, or 
practices will ensure that no law enforcement officer, prosecuting 
officer or other government official shall ask or require an adult, 
youth, or child victim of an alleged sex offense as defined under 
Federal, tribal, State, territorial, or local law to submit to a 
polygraph examination or other truth telling device as a condition for 
proceeding with the investigation of such an offense.
    ``(b) Prosecution.--The refusal of a victim to submit to an 
examination described in subsection (a) shall not prevent the 
investigation, charging, or prosecution of the offense.''.

SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS 
              IMPROVEMENTS.

    (a) Authorization of Appropriations.--Section 1001(a)(19) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$75,000,000 for each of 
fiscal years 2006 through 2010. Funds appropriated under this paragraph 
shall remain available until expended.''.
    (b) Grantee Requirements.--Section 2101 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
            (1) in subsection (a), by striking ``to treat domestic 
        violence as a serious violation'' and inserting ``to treat 
        domestic violence, dating violence, sexual assault, and 
        stalking as serious violations'';
            (2) in subsection (b)--
                    (A) in the matter before paragraph (1), by 
                inserting after ``State'' the following: ``, tribal, 
                territorial,'';
                    (B) in paragraph (1), by--
                            (i) striking ``mandatory arrest or''; and
                            (ii) striking ``mandatory arrest programs 
                        and'';
                    (C) in paragraph (2), by--
                            (i) inserting after ``educational 
                        programs,'' the following: ``protection order 
                        registries,'';
                            (ii) striking ``domestic violence and 
                        dating violence'' and inserting ``domestic 
                        violence, dating violence, sexual assault, and 
                        stalking. Policies, educational programs, 
                        protection order registries, and training 
                        described in this paragraph shall incorporate 
                        confidentiality, and privacy protections for 
                        victims of domestic violence, dating violence, 
                        sexual assault, and stalking'';
                    (D) in paragraph (3), by--
                            (i) striking ``domestic violence cases'' 
                        and inserting ``domestic violence, dating 
                        violence, sexual assault, and stalking cases''; 
                        and
                            (ii) striking ``groups'' and inserting 
                        ``teams'';
                    (E) in paragraph (5), by striking ``domestic 
                violence and dating violence'' and inserting ``domestic 
                violence, dating violence, sexual assault, and 
                stalking'';
                    (F) in paragraph (6), by--
                            (i) striking ``other'' and inserting 
                        ``civil''; and
                            (ii) inserting after ``domestic violence'' 
                        the following: ``, dating violence, sexual 
                        assault, and stalking''; and
                    (G) by adding at the end the following:
            ``(9) To develop State, tribal, territorial, or local 
        policies, procedures, and protocols for preventing dual arrests 
        and prosecutions in cases of domestic violence, dating 
        violence, sexual assault, and stalking, and to develop 
        effective methods for identifying the pattern and history of 
        abuse that indicates which party is the actual perpetrator of 
        abuse.
            ``(10) To plan, develop and establish comprehensive victim 
        service and support centers, such as family justice centers, 
        designed to bring together victim advocates from non-profit, 
        non-governmental victim services organizations, law enforcement 
        officers, prosecutors, probation officers, governmental victim 
        assistants, forensic medical professionals, civil legal 
        attorneys, chaplains, legal advocates, representatives from 
        community-based organizations and other relevant public or 
        private agencies or organizations into one centralized 
        location, in order to improve safety, access to services, and 
        confidentiality for victims and families. Although funds may be 
        used to support the colocation of project partners under this 
        paragraph, funds may not support construction or major 
        renovation expenses or activities that fall outside of the 
        scope of the other statutory purpose areas.
            ``(11) To develop and implement policies and training for 
        police, prosecutors, probation and parole officers, and the 
        judiciary in recognizing, investigating, and prosecuting 
        instances of sexual assault, with an emphasis on recognizing 
        the threat to the community for repeat crime perpetration by 
        such individuals.'';
            (3) in subsection (c)--
                    (A) in paragraph (3), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) certify that, not later than 3 years after the date 
        of enactment of this section, their laws, policies, or 
        practices will ensure that--
                    ``(A) no law enforcement officer, prosecuting 
                officer or other government official shall ask or 
                require an adult, youth, or child victim of a sex 
                offense as defined under Federal, tribal, State, 
                territorial, or local law to submit to a polygraph 
                examination or other truth telling device as a 
                condition for proceeding with the investigation of such 
                an offense; and
                    ``(B) the refusal of a victim to submit to an 
                examination described in subparagraph (A) shall not 
                prevent the investigation of the offense.''; and
            (4) by striking subsections (d) and (e) and inserting the 
        following:
    ``(d) Allotment for Indian Tribes.--Not less than 10 percent of the 
total amount made available for grants under this section for each 
fiscal year shall be available for grants to Indian tribal 
governments.''.
    (c) Applications.--Section 2102(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of 
paragraphs (1) and (2) by inserting after ``involving domestic 
violence'' the following: ``, dating violence, sexual assault, or 
stalking''.
    (d) Training, Technical Assistance, Confidentiality.--Part U of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3796hh et seq.) is amended by adding at the end the following:

``SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.

    ``Of the total amounts appropriated under this part, not less than 
5 percent and up to 8 percent shall be available for providing training 
and technical assistance relating to the purpose areas of this part to 
improve the capacity of grantees and other entities.''.

SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by--
                    (A) inserting before ``legal assistance'' the 
                following: ``civil and criminal'';
                    (B) inserting after ``effective aid to'' the 
                following: ``adult and youth''; and
                    (C) inserting at the end the following: ``Criminal 
                legal assistance provided for under this section shall 
                be limited to criminal matters relating to domestic 
                violence, sexual assault, dating violence, and 
                stalking.'';
            (2) in subsection (c), by inserting ``and tribal 
        organizations, territorial organizations'' after ``Indian 
        tribal governments'';
            (3) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(2) any training program conducted in satisfaction of the 
        requirement of paragraph (1) has been or will be developed with 
        input from and in collaboration with a tribal, State, 
        territorial, or local domestic violence, dating violence, 
        sexual assault or stalking organization or coalition, as well 
        as appropriate tribal, State, territorial, and local law 
        enforcement officials;
            (4) in subsection (e), by inserting ``dating violence,'' 
        after ``domestic violence,''; and
            (5) in subsection (f)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $65,000,000 for each of fiscal years 
        2006 through 2010.''; and
                    (B) in paragraph (2)(A), by--
                            (i) striking ``5 percent'' and inserting 
                        ``10 percent''; and
                            (ii) inserting ``adult and youth'' after 
                        ``that assist''.

SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.

    (a) In General.--Section 502 of the Department of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
            (1) in subsection (a)(2)(C)--
                    (A) in the matter preceding clause (i), by striking 
                ``using funds derived from a source other than the 
                Corporation to provide'' and inserting ``providing'';
                    (B) in clause (i), by striking ``in the United 
                States'' and all that follows and inserting ``or a 
                victim of sexual assault or trafficking in the United 
                States, or qualifies for immigration relief under 
                section 101(a)(15)(U) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(U)); or''; and
                    (C) in clause (ii), by striking ``has been 
                battered'' and all that follows and inserting ``, 
                without the active participation of the alien, has been 
                battered or subjected to extreme cruelty or a victim of 
                sexual assault or trafficking in the United States, or 
                qualifies for immigration relief under section 
                101(a)(15)(U) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)(U)).''; and
            (2) in subsection (b)(2), by striking ``described in such 
        subsection'' and inserting ``, sexual assault or trafficking, 
        or the crimes listed in section 101(a)(15)(U)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(U)(iii))''.
    (b) Savings Provision.--Nothing in this Act, or the amendments made 
by this Act, shall be construed to restrict the legal assistance 
provided to victims of trafficking and certain family members 
authorized under section 107(b)(1) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7105(b)(1)).

SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND 
              IMPROVEMENTS.

    (a) Violence Against Women Act Court Training and Improvements.--
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is 
amended by adding at the end the following:

      ``Subtitle J--Violence Against Women Act Court Training and 
                              Improvements

``SEC. 41001. SHORT TITLE.

    ``This subtitle may be cited as the `Violence Against Women Act 
Court Training and Improvements Act of 2005'.

``SEC. 41002. PURPOSE.

    ``The purpose of this subtitle is to enable the Attorney General, 
though the Director of the Office on Violence Against Women, to award 
grants to improve court responses to adult and youth domestic violence, 
dating violence, sexual assault, and stalking to be used for--
            ``(1) improved internal civil and criminal court functions, 
        responses, practices, and procedures;
            ``(2) education for court-based and court-related personnel 
        on issues relating to victims' needs, including safety, 
        security, privacy, confidentiality, and economic independence, 
        as well as information about perpetrator behavior and best 
        practices for holding perpetrators accountable;
            ``(3) collaboration and training with Federal, State, 
        tribal, territorial, and local public agencies and officials 
        and nonprofit, nongovernmental organizations to improve 
        implementation and enforcement of relevant Federal, State, 
        tribal, territorial, and local law;
            ``(4) enabling courts or court-based or court-related 
        programs to develop new or enhance current--
                    ``(A) court infrastructure (such as specialized 
                courts, dockets, intake centers, or interpreter 
                services);
                    ``(B) community-based initiatives within the court 
                system (such as court watch programs, victim 
                assistants, or community-based supplementary services);
                    ``(C) offender management, monitoring, and 
                accountability programs;
                    ``(D) safe and confidential information-storage and 
                -sharing databases within and between court systems;
                    ``(E) education and outreach programs to improve 
                community access, including enhanced access for racial 
                and ethnic communities and underserved populations; and
                    ``(F) other projects likely to improve court 
                responses to domestic violence, dating violence, sexual 
                assault, and stalking; and
            ``(5) providing technical assistance to Federal, State, 
        tribal, territorial, or local courts wishing to improve their 
        practices and procedures or to develop new programs.

``SEC. 41003. GRANT REQUIREMENTS.

    ``Grants awarded under this subtitle shall be subject to the 
following conditions:
            ``(1) Eligible grantees.--Eligible grantees may include--
                    ``(A) Federal, State, tribal, territorial, or local 
                courts or court-based programs; and
                    ``(B) national, State, tribal, territorial, or 
                local private, nonprofit organizations with 
                demonstrated expertise in developing and providing 
                judicial education about domestic violence, dating 
                violence, sexual assault, or stalking.
            ``(2) Conditions of eligibility.--To be eligible for a 
        grant under this section, applicants shall certify in writing 
        that--
                    ``(A) any courts or court-based personnel working 
                directly with or making decisions about adult or youth 
                parties experiencing domestic violence, dating 
                violence, sexual assault, and stalking have completed 
                or will complete education about domestic violence, 
                dating violence, sexual assault, and stalking;
                    ``(B) any education program developed under section 
                41002 has been or will be developed with significant 
                input from and in collaboration with a national, 
                tribal, State, territorial, or local victim services 
                provider or coalition; and
                    ``(C) the grantee's internal organizational 
                policies, procedures, or rules do not require mediation 
                or counseling between offenders and victims physically 
                together in cases where domestic violence, dating 
                violence, sexual assault, or stalking is an issue.

``SEC. 41004. NATIONAL EDUCATION CURRICULA.

    ``(a) In General.--The Attorney General, through the Director of 
the Office on Violence Against Women, shall fund efforts to develop a 
national education curriculum for use by State and national judicial 
educators to ensure that all courts and court personnel have access to 
information about relevant Federal, State, territorial, or local law, 
promising practices, procedures, and policies regarding court responses 
to adult and youth domestic violence, dating violence, sexual assault, 
and stalking.
    ``(b) Eligible Entities.--Any curricula developed under this 
section--
            ``(1) shall be developed by an entity or entities having 
        demonstrated expertise in developing judicial education 
        curricula on issues relating to domestic violence, dating 
        violence, sexual assault, and stalking; or
            ``(2) if the primary grantee does not have demonstrated 
        expertise with such issues, shall be developed by the primary 
        grantee in partnership with an organization having such 
        expertise.

``SEC. 41005. TRIBAL CURRICULA.

    ``(a) In General.--The Attorney General, through the Office on 
Violence Against Women, shall fund efforts to develop education 
curricula for tribal court judges to ensure that all tribal courts have 
relevant information about promising practices, procedures, policies, 
and law regarding tribal court responses to adult and youth domestic 
violence, dating violence, sexual assault, and stalking.
    ``(b) Eligible Entities.--Any curricula developed under this 
section--
            ``(1) shall be developed by a tribal organization having 
        demonstrated expertise in developing judicial education 
        curricula on issues relating to domestic violence, dating 
        violence, sexual assault, and stalking; and
            ``(2) if the primary grantee does not have such expertise, 
        the curricula shall be developed by the primary grantee through 
        partnership with organizations having such expertise.

``SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $5,000,000 for each of fiscal years 2006 to 2010.
    ``(b) Availability.--Funds appropriated under this section shall 
remain available until expended and may only be used for the specific 
programs and activities described in this subtitle.
    ``(c) Set Aside.--Of the amounts made available under this 
subsection in each fiscal year, not less than 10 percent shall be used 
for grants for tribal courts, tribal court-related programs, and tribal 
nonprofits.''.

SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

    (a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, is amended by--
            (1) striking ``or Indian tribe'' each place it appears and 
        inserting ``, Indian tribe, or territory''; and
            (2) striking ``State or tribal'' each place it appears and 
        inserting ``State, tribal, or territorial''.
    (b) Clarification of Entities Having Enforcement Authority and 
Responsibilities.--Section 2265(a) of title 18, United States Code, is 
amended by striking ``and enforced as if it were'' and inserting ``and 
enforced by the court and law enforcement personnel of the other State, 
Indian tribal government or Territory as if it were''.
    (c) Limits on Internet Publication of Protection Order 
Information.--Section 2265(d) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(3) Limits on internet publication of registration 
        information.--A State, Indian tribe, or territory shall not 
        publish publicly on the Internet any information regarding the 
        registration or filing of a protection order, restraining 
        order, or injunction in either the issuing or enforcing State, 
        tribal or territorial jurisdiction, if such publication would 
        be likely to publicly reveal the identity or location of the 
        party protected under such order. A State, Indian tribe, or 
        territory may share court-generated and law enforcement-
        generated information contained in secure, governmental 
        registries for protection order enforcement purposes.''.
    (d) Definitions.--Section 2266 of title 18, United States Code, is 
amended--
            (1) by striking paragraph (5) and inserting the following:
            ``(5) Protection order.--The term `protection order' 
        includes--
                    ``(A) any injunction, restraining order, or any 
                other order issued by a civil or criminal court for the 
                purpose of preventing violent or threatening acts or 
                harassment against, sexual violence, or contact or 
                communication with or physical proximity to, another 
                person, including any temporary or final order issued 
                by a civil or criminal court whether obtained by filing 
                an independent action or as a pendente lite order in 
                another proceeding so long as any civil or criminal 
                order was issued in response to a complaint, petition, 
                or motion filed by or on behalf of a person seeking 
                protection; and
                    ``(B) any support, child custody or visitation 
                provisions, orders, remedies or relief issued as part 
                of a protection order, restraining order, or injunction 
                pursuant to State, tribal, territorial, or local law 
                authorizing the issuance of protection orders, 
                restraining orders, or injunctions for the protection 
                of victims of domestic violence, sexual assault, dating 
                violence, or stalking.''; and
            (2) in clauses (i) and (ii) of paragraph (7)(A), by 
        striking ``2261A, a spouse or former spouse of the abuser, a 
        person who shares a child in common with the abuser, and a 
        person who cohabits or has cohabited as a spouse with the 
        abuser'' and inserting ``2261A--
                                    ``(I) a spouse or former spouse of 
                                the abuser, a person who shares a child 
                                in common with the abuser, and a person 
                                who cohabits or has cohabited as a 
                                spouse with the abuser; or
                                    ``(II) a person who is or has been 
                                in a social relationship of a romantic 
                                or intimate nature with the abuser, as 
                                determined by the length of the 
                                relationship, the type of relationship, 
                                and the frequency of interaction 
                                between the persons involved in the 
                                relationship''.

SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
              VIOLENCE, SEXUAL VIOLENCE, AND STALKING.

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is 
amended by adding at the end the following:

  ``Subtitle K--Privacy Protections for Victims of Domestic Violence, 
             Dating Violence, Sexual Violence, and Stalking

``SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF 
              VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
              ASSAULT, AND STALKING.

    ``The Attorney General, through the Director of the Office on 
Violence Against Women, may award grants under this subtitle to States, 
Indian tribes, territories, or local agencies or nonprofit, 
nongovernmental organizations to ensure that personally identifying 
information of adult, youth, and child victims of domestic violence, 
sexual violence, stalking, and dating violence shall not be released or 
disclosed to the detriment of such victimized persons.

``SEC. 41102. PURPOSE AREAS.

    ``Grants made under this subtitle may be used--
            ``(1) to develop or improve protocols, procedures, and 
        policies for the purpose of preventing the release of 
        personally identifying information of victims (such as 
        developing alternative identifiers);
            ``(2) to defray the costs of modifying or improving 
        existing databases, registries, and victim notification systems 
        to ensure that personally identifying information of victims is 
        protected from release, unauthorized information sharing and 
        disclosure;
            ``(3) to develop confidential opt out systems that will 
        enable victims of violence to make a single request to keep 
        personally identifying information out of multiple databases, 
        victim notification systems, and registries; or
            ``(4) to develop safe uses of technology (such as notice 
        requirements regarding electronic surveillance by government 
        entities), to protect against abuses of technology (such as 
        electronic or GPS stalking), or providing training for law 
        enforcement on high tech electronic crimes of domestic 
        violence, dating violence, sexual assault, and stalking.

``SEC. 41103. ELIGIBLE ENTITIES.

    ``Entities eligible for grants under this subtitle include--
            ``(1) jurisdictions or agencies within jurisdictions having 
        authority or responsibility for developing or maintaining 
        public databases, registries or victim notification systems;
            ``(2) nonprofit nongovernmental victim advocacy 
        organizations having expertise regarding confidentiality, 
        privacy, and information technology and how these issues are 
        likely to impact the safety of victims;
            ``(3) States or State agencies;
            ``(4) local governments or agencies;
            ``(5) Indian tribal governments or tribal organizations;
            ``(6) territorial governments, agencies, or organizations; 
        or
            ``(7) nonprofit nongovernmental victim advocacy 
        organizations, including statewide domestic violence and sexual 
        assault coalitions.

``SEC. 41104. GRANT CONDITIONS.

    ``Applicants described in paragraph (1) and paragraphs (3) through 
(6) shall demonstrate that they have entered into a significant 
partnership with a State, tribal, territorial, or local victim service 
or advocacy organization or condition in order to develop safe, 
confidential, and effective protocols, procedures, policies, and 
systems for protecting personally identifying information of victims.

``SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this subtitle $5,000,000 for each of fiscal years 2006 through 
2010.
    ``(b) Tribal Allocation.--Of the amount made available under this 
section in each fiscal year, 10 percent shall be used for grants to 
Indian tribes for programs that assist victims of domestic violence, 
dating violence, stalking, and sexual assault.
    ``(c) Technical Assistance and Training.--Of the amount made 
available under this section in each fiscal year, not less than 5 
percent shall be used for grants to organizations that have expertise 
in confidentiality, privacy, and technology issues impacting victims of 
domestic violence, dating violence, sexual assault, and stalking to 
provide technical assistance and training to grantees and non-grantees 
on how to improve safety, privacy, confidentiality, and technology to 
protect victimized persons.''.

SEC. 108. SEX OFFENDER MANAGEMENT.

    Section 40152 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2006 through 2010.''.

SEC. 109. STALKER DATABASE.

    Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C. 
14032) is amended--
            (1) by striking ``2001'' and inserting ``2006''; and
            (2) by striking ``2006'' and inserting ``2010''.

SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.

    Section 40114 of the Violence Against Women Act of 1994 (Public Law 
103-322) is amended to read as follows:

``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.

    ``There are authorized to be appropriated for the United States 
attorneys for the purpose of appointing victim assistants for the 
prosecution of sex crimes and domestic violence crimes where applicable 
(such as the District of Columbia), $1,000,000 for each of fiscal years 
2006 through 2010.''.

SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.

    (a) Definitions.--In this section:
            (1) Act of trafficking.--The term ``act of trafficking'' 
        means an act or practice described in paragraph (8) of section 
        103 of the Trafficking Victims Protection Act of 2000 (22 
        U.S.C. 7102).
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State or a local government.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, Guam, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        and any other territory or possession of the United States.
            (4) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act of 
        trafficking.
    (b) Grants Authorized.--The Attorney General may award grants to 
eligible entities to provide training to State and local law 
enforcement personnel to identify and protect victims of trafficking.
    (c) Use of Funds.--A grant awarded under this section shall be used 
to--
            (1) train law enforcement personnel to identify and protect 
        victims of trafficking, including training such personnel to 
        utilize Federal, State, or local resources to assist victims of 
        trafficking;
            (2) train law enforcement or State or local prosecutors to 
        identify, investigate, or prosecute acts of trafficking; or
            (3) train law enforcement or State or local prosecutors to 
        utilize laws that prohibit acts of trafficking and to assist in 
        the development of State and local laws to prohibit acts of 
        trafficking.
    (d) Restrictions.--
            (1) Administrative expenses.--An eligible entity that 
        receives a grant under this section may use not more than 5 
        percent of the total amount of such grant for administrative 
        expenses.
            (2) Nonexclusivity.--Nothing in this section may be 
        construed to restrict the ability of an eligible entity to 
        apply for or obtain funding from any other source to carry out 
        the training described in subsection (c).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2006 through 2010 
to carry out the provisions of this section.

SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL ADVOCATE 
              PROGRAM.

    (a) Findings.--Section 215 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13011) is amended by striking paragraphs (1) and (2) 
and inserting the following:
            ``(1) Court Appointed Special Advocates, who may serve as 
        guardians ad litem, are trained volunteers appointed by courts 
        to advocate for the best interests of children who are involved 
        in the juvenile and family court system due to abuse or 
        neglect;
            ``(2) the National Court Appointed Special Advocate 
        Association maintains a system of accountability, including 
        standards, quality assurance, training, and technical 
        assistance for a network of 70,000 volunteers in more than 850 
        programs operating in 49 States, the District of Columbia, and 
        the Virgin Islands; and
            ``(3) in 2003, Court Appointed Special Advocate volunteers 
        represented 288,000 children, more than 50 percent of the 
        estimated 540,000 children in foster care because of 
        substantiated cases of child abuse or neglect.''.
    (b) Implementation Date.--Section 216 of the Victims of Child Abuse 
Act of 1990 (42 U.S.C. 13012) is amended by striking ``January 1, 
1995'' and inserting ``January 1, 2010''.
    (c) Clarification of Program Goals.--Section 217 of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13013) is amended--
            (1) in subsection (a), by striking ``to expand'' and 
        inserting ``to initiate, sustain, and expand'';
            (2) subsection (b)--
                    (A) in paragraph (1), by striking ``to initiate or 
                expand'' and inserting ``to initiate, sustain, and 
                expand''; and
                    (B) in paragraph (2), by--
                            (i) striking ``(1)(a)'' and inserting 
                        ``(1)(A)''; and
                            (ii) striking ``to initiate and to expand'' 
                        and inserting ``to initiate, sustain, and 
                        expand''; and
            (3) by adding at the end the following:
    ``(d) Background Checks.--State and local Court Appointed Special 
Advocate programs are authorized to request criminal background checks 
from the Federal Bureau of Investigation National Crime Information 
Center for prospective volunteers. The requesting program is 
responsible for the reasonable costs associated with the Federal 
records check.''.
    (d) Reauthorization.--Section 218 of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13014) is amended by striking subsection (a) and 
inserting the following:
    ``(a) Authorization.--There is authorized to be appropriated to 
carry out this subtitle $17,000,000 for each of fiscal years 2006 
through 2010.''.

SEC. 113. PREVENTING CYBERSTALKING.

    (a) In General.--Paragraph (1) of section 223(h) of the 
Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) in the case of subparagraph (C) of subsection 
                (a)(1), includes any device or software that can be 
                used to originate telecommunications or other types of 
                communications that are transmitted, in whole or in 
                part, by the Internet (as such term is defined in 
                section 1104 of the Internet Tax Freedom Act (47 U.S.C. 
                151 note)).''.
    (b) Rule of Construction.--This section and the amendment made by 
this section may not be construed to affect the meaning given the term 
``telecommunications device'' in section 223(h)(1) of the 
Communications Act of 1934, as in effect before the date of the 
enactment of this section.

SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.

    (a) Interstate Stalking.--Section 2261A of title 18, United States 
Code, is amended to read as follows:
``Sec. 2261A. Stalking
    ``Whoever--
            ``(1) travels in interstate or foreign commerce or within 
        the special maritime and territorial jurisdiction of the United 
        States, or enters or leaves Indian country, with the intent to 
        kill, injure, harass, place under surveillance, or intimidate 
        another person, and in the course of, or as a result of, such 
        travel places that person in reasonable fear of the death of, 
        or serious bodily injury to, or causes substantial emotional 
        distress to that person, a member of the immediate family (as 
        defined in section 115) of that person, or the spouse or 
        intimate partner of that person; or
            ``(2) with the intent--
                    ``(A) to kill, injure, harass, place under 
                surveillance, intimidate, or cause substantial 
                emotional distress to a person in another State or 
                tribal jurisdiction or within the special maritime and 
                territorial jurisdiction of the United States; or
                    ``(B) to place a person in another State or tribal 
                jurisdiction, or within the special maritime and 
                territorial jurisdiction of the United States, in 
                reasonable fear of the death of, or serious bodily 
                injury to--
                            ``(i) that person;
                            ``(ii) a member of the immediate family (as 
                        defined in section 115 of that person; or
                            ``(iii) a spouse or intimate partner of 
                        that person;
        uses the mail or any facility of interstate or foreign commerce 
        to engage in a course of conduct that causes substantial 
        emotional distress to that person or places that person in 
        reasonable fear of the death of, or serious bodily injury to, 
        any of the persons described in clauses (i) through (iii) of 
        subparagraph (B);
shall be punished as provided in section 2261(b) of this title.''.
    (b) Enhanced Penalties for Stalking.--Section 2261(b) of title 18, 
United States Code, is amended by adding at the end the following:
            ``(6) Whoever commits the crime of stalking in violation of 
        a temporary or permanent civil or criminal injunction, 
        restraining order, no-contact order, or other order described 
        in section 2266 of title 18, United States Code, shall be 
        punished by imprisonment for not less than 1 year.''.

SEC. 115. REPEAT OFFENDER PROVISION.

    Chapter 110A of title 18, United States Code, is amended by adding 
after section 2265 the following:
``Sec. 2265A. Repeat offenders
    ``(a) Maximum term of imprisonment.--The maximum term of 
imprisonment for a violation of this chapter after a prior domestic 
violence or stalking offense shall be twice the term otherwise provided 
under this chapter.
    ``(b) Definition.--For purposes of this section--
            ``(1) the term `prior domestic violence or stalking 
        offense' means a conviction for an offense--
                    ``(A) under section 2261, 2261A, or 2262 of this 
                chapter; or
                    ``(B) under State law for an offense consisting of 
                conduct that would have been an offense under a section 
                referred to in subparagraph (A) if the conduct had 
                occurred within the special maritime and territorial 
                jurisdiction of the United States, or in interstate or 
                foreign commerce; and
            ``(2) the term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States.''.

SEC. 116. PROHIBITING DATING VIOLENCE.

    (a) In General.--Section 2261(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), striking ``or intimate partner'' and 
        inserting ``, intimate partner, or dating partner''; and
            (2) in paragraph (2), striking ``or intimate partner'' and 
        inserting ``, intimate partner, or dating partner''.
    (b) Definition.--Section 2266 of title 18, United States Code, is 
amended by adding at the end the following:
            ``(10) Dating partner.--The term `dating partner' refers to 
        a person who is or has been in a social relationship of a 
        romantic or intimate nature with the abuser and the existence 
        of such a relationship based on a consideration of--
                    ``(A) the length of the relationship; and
                    ``(B) the type of relationship; and
                    ``(C) the frequency of interaction between the 
                persons involved in the relationship.''.

SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL 
              JURISDICTION.

    (a) Domestic Violence.--Section 2261(a)(1) of title 18, United 
States Code, is amended by inserting after ``Indian country'' the 
following: ``or within the special maritime and territorial 
jurisdiction of the United States''.
    (b) Protection Order.--Section 2262(a)(1) of title 18, United 
States Code, is amended by inserting after ``Indian country'' the 
following: ``or within the special maritime and territorial 
jurisdiction of the United States''.

SEC. 118. UPDATING PROTECTION ORDER DEFINITION.

    Section 9534 of title 28, United States Code, is amended by 
striking subsection (e)(3)(B) and inserting the following:
                    ``(B) the term `protection order' includes--
                            ``(i) any injunction, restraining order, or 
                        any other order issued by a civil or criminal 
                        court for the purpose of preventing violent or 
                        threatening acts or harassment against, sexual 
                        violence or contact or communication with or 
                        physical proximity to, another person, 
                        including any temporary or final orders issued 
                        by civil or criminal courts whether obtained by 
                        filing an independent action or as a pendente 
                        lite order in another proceeding so long as any 
                        civil order was issued in response to a 
                        complaint, petition, or motion filed by or on 
                        behalf of a person seeking protection; and
                            ``(ii) any support, child custody or 
                        visitation provisions, orders, remedies, or 
                        relief issued as part of a protection order, 
                        restraining order, or stay away injunction 
                        pursuant to State, tribal, territorial, or 
                        local law authorizing the issuance of 
                        protection orders, restraining orders, or 
                        injunctions for the protection of victims of 
                        domestic violence, dating violence, sexual 
                        assault, or stalking.''.

 TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING 
                 VIOLENCE, SEXUAL ASSAULT, AND STALKING

SEC. 201. FINDINGS.

    Congress finds the following:
            (1) Nearly \1/3\ of American women report physical or 
        sexual abuse by a husband or boyfriend at some point in their 
        lives.
            (2) According to the National Crime Victimization Survey, 
        248,000 Americans 12 years of age and older were raped or 
        sexually assaulted in 2002.
            (3) Rape and sexual assault in the United States is 
        estimated to cost $127,000,000,000 per year, including--
                    (A) lost productivity;
                    (B) medical and mental health care;
                    (C) police and fire services;
                    (D) social services;
                    (E) loss of and damage to property; and
                    (F) reduced quality of life.
            (4) Nonreporting of sexual assault in rural areas is a 
        particular problem because of the high rate of nonstranger 
        sexual assault.
            (5) Geographic isolation often compounds the problems 
        facing sexual assault victims. The lack of anonymity and 
        accessible support services can limit opportunities for justice 
        for victims.
            (6) Domestic elder abuse is primarily family abuse. The 
        National Elder Abuse Incidence Study found that the perpetrator 
        was a family member in 90 percent of cases.
            (7) Barriers for older victims leaving abusive 
        relationships include--
                    (A) the inability to support themselves;
                    (B) poor health that increases their dependence on 
                the abuser;
                    (C) fear of being placed in a nursing home; and
                    (D) ineffective responses by domestic abuse 
                programs and law enforcement.
            (8) Disabled women comprise another vulnerable population 
        with unmet needs. Women with disabilities are more likely to be 
        the victims of abuse and violence than women without 
        disabilities because of their increased physical, economic, 
        social, or psychological dependence on others.
            (9) Many women with disabilities also fail to report the 
        abuse, since they are dependent on their abusers and fear being 
        abandoned or institutionalized.
            (10) Of the 598 battered women's programs surveyed--
                    (A) only 35 percent of these programs offered 
                disability awareness training for their staff; and
                    (B) only 16 percent dedicated a staff member to 
                provide services to women with disabilities.
            (11) Problems of domestic violence are exacerbated for 
        immigrants when spouses control the immigration status of their 
        family members, and abusers use threats of refusal to file 
        immigration papers and threats to deport spouses and children 
        as powerful tools to prevent battered immigrant women from 
        seeking help, trapping battered immigrant women in violent 
        homes because of fear of deportation.
            (12) Battered immigrant women who attempt to flee abusive 
        relationships may not have access to bilingual shelters or 
        bilingual professionals, and face restrictions on public or 
        financial assistance. They may also lack assistance of a 
        certified interpreter in court, when reporting complaints to 
        the police or a 9-1-1 operator, or even in acquiring 
        information about their rights and the legal system.
            (13) More than 500 men and women call the National Domestic 
        Violence Hotline every day to get immediate, informed, and 
        confidential assistance to help deal with family violence.
            (14) The National Domestic Violence Hotline service is 
        available, toll-free, 24 hours a day and 7 days a week, with 
        bilingual staff, access to translators in 150 languages, and a 
        TTY line for the hearing-impaired.
            (15) With access to over 5,000 shelters and service 
        providers across the United States, Puerto Rico, and the United 
        States Virgin Islands, the National Domestic Violence Hotline 
        provides crisis intervention and immediately connects callers 
        with sources of help in their local community.
            (16) Approximately 60 percent of the callers indicate that 
        calling the Hotline is their first attempt to address a 
        domestic violence situation and that they have not called the 
        police or any other support services.
            (17) Between 2000 and 2003, there was a 27 percent increase 
        in call volume at the National Domestic Violence Hotline.
            (18) Improving technology infrastructure at the National 
        Domestic Violence Hotline and training advocates, volunteers, 
        and other staff on upgraded technology will drastically 
        increase the Hotline's ability to answer more calls quickly and 
        effectively.

SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.

    Part T of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) is amended by inserting after 
section 2012, as added by this Act, the following:

``SEC. 2014. SEXUAL ASSAULT SERVICES.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to assist States, Indian tribes, and territories in 
        providing intervention, advocacy, accompaniment, support 
        services, and related assistance for--
                    ``(A) adult, youth, and child victims of sexual 
                assault;
                    ``(B) family and household members of such victims; 
                and
                    ``(C) those collaterally affected by the 
                victimization, except for the perpetrator of such 
                victimization;
            ``(2) to provide for technical assistance and training 
        relating to sexual assault to--
                    ``(A) Federal, State, tribal, territorial and local 
                governments, law enforcement agencies, and courts;
                    ``(B) professionals working in legal, social 
                service, and health care settings;
                    ``(C) nonprofit organizations;
                    ``(D) faith-based organizations; and
                    ``(E) other individuals and organizations seeking 
                such assistance.
    ``(b) Grants to States and Territories.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to States and territories to support the establishment, 
        maintenance, and expansion of rape crisis centers and other 
        programs and projects to assist those victimized by sexual 
        assault.
            ``(2) Allocation and use of funds.--
                    ``(A) Administrative costs.--Not more than 5 
                percent of the grant funds received by a State or 
                territory governmental agency under this subsection for 
                any fiscal year may be used for administrative costs.
                    ``(B) Grant funds.--Any funds received by a State 
                or territory under this subsection that are not used 
                for administrative costs shall be used to provide 
                grants to rape crisis centers and other nonprofit, 
                nongovernmental organizations for programs and 
                activities within such State or territory that provide 
                direct intervention and related assistance.
                    ``(C) Intervention and related assistance.--
                Intervention and related assistance under subparagraph 
                (B) may include--
                            ``(i) 24 hour hotline services providing 
                        crisis intervention services and referral;
                            ``(ii) accompaniment and advocacy through 
                        medical, criminal justice, and social support 
                        systems, including medical facilities, police, 
                        and court proceedings;
                            ``(iii) crisis intervention, short-term 
                        individual and group support services, and 
                        comprehensive service coordination and 
                        supervision to assist sexual assault victims 
                        and family or household members;
                            ``(iv) information and referral to assist 
                        the sexual assault victim and family or 
                        household members;
                            ``(v) community-based, linguistically and 
                        culturally specific services and support 
                        mechanisms, including outreach activities for 
                        racial and ethnic, and other underserved 
                        communities; and
                            ``(vi) the development and distribution of 
                        materials on issues related to the services 
                        described in clauses (i) through (v).
            ``(3) Application.--
                    ``(A) In general.--Each eligible entity desiring a 
                grant under this subsection shall submit an application 
                to the Attorney General at such time and in such manner 
                as the Attorney General may reasonably require.
                    ``(B) Contents.--Each application submitted under 
                subparagraph (A) shall--
                            ``(i) set forth procedures designed to 
                        ensure meaningful involvement of the State or 
                        territorial sexual assault coalition and 
                        representatives from racial and ethnic and 
                        other underserved communities in the 
                        development of the application and the 
                        implementation of the plans;
                            ``(ii) set forth procedures designed to 
                        ensure an equitable distribution of grants and 
                        grant funds within the State or territory and 
                        between urban and rural areas within such State 
                        or territory;
                            ``(iii) identify the State or territorial 
                        agency that is responsible for the 
                        administration of programs and activities; and
                            ``(iv) meet other such requirements as the 
                        Attorney General reasonably determines are 
                        necessary to carry out the purposes and 
                        provisions of this section.
            ``(4) Minimum amount.--The Attorney General shall allocate 
        to each State not less than 1.50 percent of the total amount 
        appropriated in a fiscal year for grants under this section, 
        except that the United States Virgin Islands, American Samoa, 
        Guam, the District of Columbia, Puerto Rico, and the 
        Commonwealth of the Northern Mariana Islands shall each be 
        allocated 0.125 percent of the total appropriations. The 
        remaining funds shall be allotted to each State and each 
        territory in an amount that bears the same ratio to such 
        remaining funds as the population of such State and such 
        territory bears to the population of the combined States or the 
        population of the combined territories.
    ``(c) Grants for Culturally Specific Programs Addressing Sexual 
Assault.--
            ``(1) Grants authorized.--The Attorney General shall award 
        grants to eligible entities to support the establishment, 
        maintenance, and expansion of culturally specific intervention 
        and related assistance for victims of sexual assault.
            ``(2) Eligible entities.--To be eligible to receive a grant 
        under this section, an entity shall--
                    ``(A) be a private nonprofit organization that 
                focuses primarily on racial and ethnic communities;
                    ``(B) must have documented organizational 
                experience in the area of sexual assault intervention 
                or have entered into a partnership with an organization 
                having such expertise;
                    ``(C) have expertise in the development of 
                community-based, linguistically and culturally specific 
                outreach and intervention services relevant for the 
                specific racial and ethnic communities to whom 
                assistance would be provided or have the capacity to 
                link to existing services in the community tailored to 
                the needs of racial and ethnic populations; and
                    ``(D) have an advisory board or steering committee 
                and staffing which is reflective of the targeted racial 
                and ethnic community.
            ``(3) Award basis.--The Attorney General shall award grants 
        under this section on a competitive basis.
            ``(4) Distribution.--
                    ``(A) The Attorney General shall not use more than 
                2.5 percent of funds appropriated under this subsection 
                in any year for administration, monitoring, and 
                evaluation of grants made available under this 
                subsection.
                    ``(B) Up to 5 percent of funds appropriated under 
                this subsection in any year shall be available for 
                technical assistance by a national, nonprofit, 
                nongovernmental organization or organizations whose 
                primary focus and expertise is in addressing sexual 
                assault within racial and ethnic communities.
            ``(5) Term.--The Attorney General shall make grants under 
        this section for a period of no less than 2 fiscal years.
            ``(6) Reporting.--Each entity receiving a grant under this 
        subsection shall submit a report to the Attorney General that 
        describes the activities carried out with such grant funds.
    ``(d) Grants to State, Territorial, and Tribal Sexual Assault 
Coalitions.--
            ``(1) Grants authorized.--
                    ``(A) In general.--The Attorney General shall award 
                grants to State, territorial, and tribal sexual assault 
                coalitions to assist in supporting the establishment, 
                maintenance, and expansion of such coalitions.
                    ``(B) Minimum amount.--Not less than 10 percent of 
                the total amount appropriated to carry out this section 
                shall be used for grants under subparagraph (A).
                    ``(C) Eligible applicants.--Each of the State, 
                territorial, and tribal sexual assault coalitions.
            ``(2) Use of funds.--Grant funds received under this 
        subsection may be used to--
                    ``(A) work with local sexual assault programs and 
                other providers of direct services to encourage 
                appropriate responses to sexual assault within the 
                State, territory, or tribe;
                    ``(B) work with judicial and law enforcement 
                agencies to encourage appropriate responses to sexual 
                assault cases;
                    ``(C) work with courts, child protective services 
                agencies, and children's advocates to develop 
                appropriate responses to child custody and visitation 
                issues when sexual assault has been determined to be a 
                factor;
                    ``(D) design and conduct public education 
                campaigns;
                    ``(E) plan and monitor the distribution of grants 
                and grant funds to their State, territory, or tribe; or
                    ``(F) collaborate with and inform Federal, State, 
                or local public officials and agencies to develop and 
                implement policies to reduce or eliminate sexual 
                assault.
            ``(3) Allocation and use of funds.--From amounts 
        appropriated for grants under this subsection for each fiscal 
        year--
                    ``(A) not less than 10 percent of the funds shall 
                be available for grants to tribal sexual assault 
                coalitions;
                    ``(B) the remaining funds shall be available for 
                grants to State and territorial coalitions, and the 
                Attorney General shall allocate an amount equal to \1/
                56\ of the amounts so appropriated to each of those 
                State and territorial coalitions.
            ``(4) Application.--Each eligible entity desiring a grant 
        under this subsection shall submit an application to the 
        Attorney General at such time, in such manner, and containing 
        such information as the Attorney General determines to be 
        essential to carry out the purposes of this section.
            ``(5) First-time applicants.--No entity shall be prohibited 
        from submitting an application under this subsection during any 
        fiscal year for which funds are available under this subsection 
        because such entity has not previously applied or received 
        funding under this subsection.
    ``(e) Grants to Tribes.--
            ``(1) Grants authorized.--The Attorney General may award 
        grants to Indian tribes, tribal organizations, and nonprofit 
        tribal organizations for the operation of sexual assault 
        programs or projects in Indian country and Alaskan Native 
        villages to support the establishment, maintenance, and 
        expansion of programs and projects to assist those victimized 
        by sexual assault.
            ``(2) Allocation and use of funds.--
                    ``(A) Administrative costs.--Not more than 5 
                percent of the grant funds received by an Indian tribe, 
                tribal organization, and nonprofit tribal organization 
                under this subsection for any fiscal year may be used 
                for administrative costs.
                    ``(B) Grant funds.--Any funds received under this 
                subsection that are not used for administrative costs 
                shall be used to provide grants to tribal organizations 
                and nonprofit tribal organizations for programs and 
                activities within Indian country and Alaskan native 
                villages that provide direct intervention and related 
                assistance.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $50,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out the provisions of this section.
            ``(2) Allocations.--Of the total amounts appropriated for 
        each fiscal year to carry out this section--
                    ``(A) not more than 2.5 percent shall be used by 
                the Attorney General for evaluation, monitoring, and 
                other administrative costs under this section;
                    ``(B) not more than 2.5 percent shall be used for 
                the provision of technical assistance to grantees and 
                subgrantees under this section;
                    ``(C) not less than 65 percent shall be used for 
                grants to States and territories under subsection (b);
                    ``(D) not less than 10 percent shall be used for 
                making grants to State, territorial, and tribal sexual 
                assault coalitions under subsection (d);
                    ``(E) not less than 10 percent shall be used for 
                grants to tribes under subsection (e); and
                    ``(F) not less than 10 percent shall be used for 
                grants for culturally specific programs addressing 
                sexual assault under subsection (c).''.

SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE 
              ENFORCEMENT ASSISTANCE PROGRAM.

    Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C. 
13971) is amended to read as follows:

``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, 
              STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to identify, assess, and appropriately respond to 
        child, youth, and adult victims of domestic violence, sexual 
        assault, dating violence, and stalking in rural communities, by 
        encouraging collaboration among--
                    ``(A) domestic violence, dating violence, sexual 
                assault, and stalking victim service providers;
                    ``(B) law enforcement agencies;
                    ``(C) prosecutors;
                    ``(D) courts;
                    ``(E) other criminal justice service providers;
                    ``(F) human and community service providers;
                    ``(G) educational institutions; and
                    ``(H) health care providers;
            ``(2) to establish and expand nonprofit, nongovernmental, 
        State, tribal, territorial, and local government victim 
        services in rural communities to child, youth, and adult 
        victims; and
            ``(3) to increase the safety and well-being of women and 
        children in rural communities, by--
                    ``(A) dealing directly and immediately with 
                domestic violence, sexual assault, dating violence, and 
                stalking occurring in rural communities; and
                    ``(B) creating and implementing strategies to 
                increase awareness and prevent domestic violence, 
                sexual assault, dating violence, and stalking.
    ``(b) Grants Authorized.--The Attorney General, acting through the 
Director of the Office on Violence Against Women (referred to in this 
section as the `Director'), may award grants to States, Indian tribes, 
local governments, and nonprofit, public or private entities, including 
tribal nonprofit organizations, to carry out programs serving rural 
areas or rural communities that address domestic violence, dating 
violence, sexual assault, and stalking by--
            ``(1) implementing, expanding, and establishing cooperative 
        efforts and projects among law enforcement officers, 
        prosecutors, victim advocacy groups, and other related parties 
        to investigate and prosecute incidents of domestic violence, 
        dating violence, sexual assault, and stalking;
            ``(2) providing treatment, counseling, advocacy, and other 
        long- and short-term assistance to adult and minor victims of 
        domestic violence, dating violence, sexual assault, and 
        stalking in rural communities, including assistance in 
        immigration matters; and
            ``(3) working in cooperation with the community to develop 
        education and prevention strategies directed toward such 
        issues.
    ``(c) Use of Funds.--Funds appropriated pursuant to this section 
shall be used only for specific programs and activities expressly 
described in subsection (a).
    ``(d) Allotments and Priorities.--
            ``(1) Allotment for indian tribes.--Not less than 10 
        percent of the total amount made available for each fiscal year 
        to carry out this section shall be allocated for grants to 
        Indian tribes or tribal organizations.
            ``(2) Allotment for sexual assault.--
                    ``(A) In general.--Not less than 25 percent of the 
                total amount appropriated in a fiscal year under this 
                section shall fund services that meaningfully address 
                sexual assault in rural communities, however at such 
                time as the amounts appropriated reach the amount of 
                $45,000,000, the percentage allocated shall rise to 30 
                percent of the total amount appropriated, at such time 
                as the amounts appropriated reach the amount of 
                $50,000,000, the percentage allocated shall rise to 35 
                percent of the total amount appropriated, and at such 
                time as the amounts appropriated reach the amount of 
                $55,000,000, the percentage allocated shall rise to 40 
                percent of the amounts appropriated.
                    ``(B) Multiple purpose applications.--Nothing in 
                this section shall prohibit any applicant from applying 
                for funding to address sexual assault, domestic 
                violence, stalking, or dating violence in the same 
                application.
            ``(3) Allotment for technical assistance.--Of the amounts 
        appropriated for each fiscal year to carry out this section, 
        not more than 8 percent may be used by the Director for 
        technical assistance costs. Of the amounts appropriated in this 
        section, no less than 25 percent of such amounts shall be 
        available to a nonprofit, nongovernmental organization or 
        organizations whose focus and expertise is in addressing sexual 
        assault to provide technical assistance to sexual assault 
        grantees.
            ``(4) Underserved populations.--In awarding grants under 
        this section, the Director shall give priority to the needs of 
        racial, ethnic, and other underserved populations.
            ``(5) Allocation of funds for rural states.--Not less than 
        75 percent of the total amount made available for each fiscal 
        year to carry out this section shall be allocated to eligible 
        entities located in rural States.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $55,000,000 for each of the fiscal years 2006 through 2010 to 
        carry out this section.
            ``(2) Additional funding.--In addition to funds received 
        through a grant under subsection (b), a law enforcement agency 
        may use funds received through a grant under part Q of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796dd et seq.) to accomplish the objectives of this 
        section.''.

SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH 
              DISABILITIES.

    (a) In General.--Section 1402 of the Violence Against Women Act of 
2000 (42 U.S.C. 3796gg-7) is amended to read as follows:

``SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END VIOLENCE 
              AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.

    ``(a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, may award grants to eligible 
entities--
            ``(1) to provide training, consultation, and information on 
        domestic violence, dating violence, stalking, and sexual 
        assault against individuals with disabilities (as defined in 
        section 3 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102)); and
            ``(2) to enhance direct services to such individuals.
    ``(b) Use of Funds.--Grants awarded under this section shall be 
used--
            ``(1) to provide personnel, training, technical assistance, 
        advocacy, intervention, risk reduction and prevention of 
        domestic violence, dating violence, stalking, and sexual 
        assault against disabled individuals;
            ``(2) to conduct outreach activities to ensure that 
        disabled individuals who are victims of domestic violence, 
        dating violence, stalking, or sexual assault receive 
        appropriate assistance;
            ``(3) to conduct cross-training for victim service 
        organizations, governmental agencies, courts, law enforcement, 
        and nonprofit, nongovernmental organizations serving 
        individuals with disabilities about risk reduction, 
        intervention, prevention and the nature of domestic violence, 
        dating violence, stalking, and sexual assault for disabled 
        individuals;
            ``(4) to provide technical assistance to assist with 
        modifications to existing policies, protocols, and procedures 
        to ensure equal access to the services, programs, and 
        activities of victim service organizations for disabled 
        individuals;
            ``(5) to provide training and technical assistance on the 
        requirements of shelters and victim services organizations 
        under Federal antidiscrimination laws, including--
                    ``(A) the Americans with Disabilities Act of 1990; 
                and
                    ``(B) section 504 of the Rehabilitation Act of 
                1973;
            ``(6) to rehabilitate facilities, purchase equipment, and 
        provide personnel so that shelters and victim service 
        organizations can accommodate the needs of disabled 
        individuals;
            ``(7) to provide advocacy and intervention services for 
        disabled individuals who are victims of domestic violence, 
        dating violence, stalking, or sexual assault; or
            ``(8) to develop model programs providing advocacy and 
        intervention services within organizations serving disabled 
        individuals who are victims of domestic violence, dating 
        violence, sexual assault, or stalking.
    ``(c) Eligible Entities.--
            ``(1) In general.--An entity shall be eligible to receive a 
        grant under this section if the entity is--
                    ``(A) a State;
                    ``(B) a unit of local government;
                    ``(C) an Indian tribal government or tribal 
                organization; or
                    ``(D) a nonprofit and nongovernmental victim 
                services organization, such as a State domestic 
                violence or sexual assault coalition or a nonprofit, 
                nongovernmental organization serving disabled 
                individuals.
            ``(2) Limitation.--A grant awarded for the purpose 
        described in subsection (b)(8) shall only be awarded to an 
        eligible agency (as defined in section 410 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 796f-5).
    ``(d) Underserved Populations.--In awarding grants under this 
section, the Director shall ensure that the needs of racial and ethnic 
and other underserved populations are being addressed.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of the fiscal years 2006 through 2010 
to carry out this section.''.

SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER 
              LIFE.

    (a) Training Programs.--Section 40802 of the Violence Against Women 
Act of 1994 (42 U.S.C. 14041a) is amended to read as follows:

``SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST 
              AND ABUSE OF WOMEN LATER IN LIFE.

    ``(a) Grants Authorized.--The Attorney General, through the 
Director of the Office on Violence Against Women, may award grants, 
which may be used for--
            ``(1) training programs to assist law enforcement, 
        prosecutors, governmental agencies, victim assistants, and 
        relevant officers of Federal, State, tribal, territorial, and 
        local courts in recognizing, addressing, investigating, and 
        prosecuting instances of elder abuse, neglect, and 
        exploitation, including domestic violence, dating violence, 
        sexual assault, or stalking against victims who are 50 years of 
        age or older;
            ``(2) providing or enhancing services for victims of elder 
        abuse, neglect, and exploitation, including domestic violence, 
        dating violence, sexual assault, or stalking, who are 50 years 
        of age or older;
            ``(3) increasing the physical accessibility of buildings in 
        which services are or will be rendered for victims of elder 
        abuse, neglect, and exploitation, including domestic violence, 
        dating violence, sexual assault, and stalking, who are 50 years 
        of age or older;
            ``(4) creating or supporting multidisciplinary 
        collaborative community responses to victims of elder abuse, 
        neglect, and exploitation, including domestic violence, dating 
        violence, sexual assault, and stalking, who are 50 years of age 
        or older; and
            ``(5) conducting cross-training for victim service 
        organizations, governmental agencies, courts, law enforcement, 
        and nonprofit, nongovernmental organizations serving victims of 
        elder abuse, neglect, and exploitation, including domestic 
        violence, dating violence, sexual assault, and stalking, who 
        are 50 years of age or older.
    ``(b) Eligible Entities.--An entity shall be eligible to receive a 
grant under this section if the entity is--
            ``(1) a State;
            ``(2) a unit of local government;
            ``(3) an Indian tribal government or tribal organization; 
        or
            ``(4) a nonprofit and nongovernmental victim services 
        organization with demonstrated experience in assisting elderly 
        women or demonstrated experience in addressing domestic 
        violence, dating violence, sexual assault, and stalking.
    ``(c) Underserved Populations.--In awarding grants under this 
section, the Director shall ensure that services are culturally and 
linguistically relevant and that the needs of racial, ethnic, and other 
underserved populations are being addressed.''.
    (c) Authorization of Appropriations.--Section 40803 of the Violence 
Against Women Act of 1994 (42 U.S.C. 14041b) is amended by striking 
``$5,000,000 for each of fiscal years 2001 through 2005'' and inserting 
``$10,000,000 for each of the fiscal years 2006 through 2010''.

SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE HOTLINE.

    Section 316 of the Family Violence Prevention and Services Act (42 
U.S.C. 10416) is amended--
            (1) in subsection (d), by adding at the end the following:
            ``(5) provide technology and telecommunication training and 
        assistance for advocates, volunteers, staff, and others 
        affiliated with the hotline so that such persons are able to 
        effectively use improved equipment made available through the 
        Connections Campaign.'';
            (2) in subsection (g)--
                    (A) in paragraph (1), by striking ``$3,500,000'' 
                and all that follows and inserting ``$5,000,000 for 
                each of fiscal years 2006 through 2010.'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2); and
            (3) by striking subsection (e) and redesignating 
        subsections (f) and (g) as subsections (e) and (f), 
        respectively.

   TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF 
                                VIOLENCE

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) Youth, under the age of 18, account for 67 percent of 
        all sexual assault victimizations reported to law enforcement 
        officials.
            (2) The Department of Justice consistently finds that young 
        women between the ages of 16 and 24 experience the highest rate 
        of non-fatal intimate partner violence.
            (3) In 1 year, over 4,000 incidents of rape or sexual 
        assault occurred in public schools across the country.
            (4) Young people experience particular obstacles to seeking 
        help. They often do not have access to money, transportation, 
        or shelter services. They must overcome issues such as distrust 
        of adults, lack of knowledge about available resources, or 
        pressure from peers and parents.
            (5) A needs assessment on teen relationship abuse for the 
        State of California, funded by the California Department of 
        Health Services, identified a desire for confidentiality and 
        confusion about the law as 2 of the most significant barriers 
        to young victims of domestic and dating violence seeking help.
            (6) Only one State specifically allows for minors to 
        petition the court for protection orders.
            (7) Many youth are involved in dating relationships, and 
        these relationships can include the same kind of domestic 
        violence and dating violence seen in the adult population. In 
        fact, more than 40 percent of all incidents of domestic 
        violence involve people who are not married.
            (8) 40 percent of girls ages 14 to 17 report knowing 
        someone their age who has been hit or beaten by a boyfriend, 
        and 13 percent of college women report being stalked.
            (9) Of college women who said they had been the victims of 
        rape or attempted rape, 12.8 percent of completed rapes, 35 
        percent of attempted rapes, and 22.9 percent of threatened 
        rapes took place on a date. Almost 60 percent of the completed 
        rapes that occurred on campus took place in the victim's 
        residence.
            (10) According to a 3-year study of student-athletes at 10 
        Division I universities, male athletes made up only 3.3 percent 
        of the general male university population, but they accounted 
        for 19 percent of the students reported for sexual assault and 
        35 percent of domestic violence perpetrators.

SEC. 302. RAPE PREVENTION AND EDUCATION.

    Section 393B(c) of part J of title III of the Public Health Service 
Act (42 U.S.C. 280b-1c(c)) is amended to read as follows:
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $80,000,000 for each of fiscal years 
        2006 through 2010.
            ``(2) National sexual violence resource center allotment.--
        Of the total amount made available under this subsection in 
        each fiscal year, not less than $1,500,000 shall be available 
        for allotment under subsection (b).''.

SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR YOUNG 
              VICTIMS OF VIOLENCE.

    The Violence Against Women Act of 1994 (Public Law 103-322, Stat. 
1902 et seq.) is amended by adding at the end the following:

  ``Subtitle L--Services, Education, Protection and Justice for Young 
                          Victims of Violence

``SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO YOUTH.

    ``(a) Grants Authorized.--The Attorney General, in consultation 
with the Department of Health and Human Services, shall award grants to 
eligible entities to conduct programs to serve victims of domestic 
violence, dating violence, sexual assault, and stalking who are between 
the ages of 12 and 24. Amounts appropriated under this section may only 
be used for programs and activities described under subsection (c).
    ``(b) Eligible Grantees.--To be eligible to receive a grant under 
this section, an entity shall be--
            ``(1) a nonprofit, nongovernmental entity, the primary 
        purpose of which is to provide services to teen and young adult 
        victims of domestic violence, dating violence, sexual assault, 
        or stalking;
            ``(2) a community-based organization specializing in 
        intervention or violence prevention services for youth;
            ``(3) an Indian Tribe or tribal organization providing 
        services primarily to tribal youth or tribal victims of 
        domestic violence, dating violence, sexual assault or stalking; 
        or
            ``(4) a nonprofit, nongovernmental entity providing 
        services for runaway or homeless youth affected by domestic or 
        sexual abuse.
    ``(c) Use of Funds.--
            ``(1) In general.--An entity that receives a grant under 
        this section shall use amounts provided under the grant to 
        design or replicate, and implement, programs and services, 
        using domestic violence, dating violence, sexual assault, and 
        stalking intervention models to respond to the needs of youth 
        who are victims of domestic violence, dating violence, sexual 
        assault or stalking.
            ``(2) Types of programs.--Such a program--
                    ``(A) shall provide direct counseling and advocacy 
                for youth and young adults, who have experienced 
                domestic violence, dating violence, sexual assault or 
                stalking;
                    ``(B) shall include linguistically, culturally, and 
                community relevant services for racial, ethnic, and 
                other underserved populations or linkages to existing 
                services in the community tailored to the needs of 
                underserved populations;
                    ``(C) may include mental health services for youth 
                and young adults who have experienced domestic 
                violence, dating violence, sexual assault, or stalking;
                    ``(D) may include legal advocacy efforts on behalf 
                of youth and young adults with respect to domestic 
                violence, dating violence, sexual assault or stalking;
                    ``(E) may work with public officials and agencies 
                to develop and implement policies, rules, and 
                procedures in order to reduce or eliminate domestic 
                violence, dating violence, sexual assault, and stalking 
                against youth and young adults; and
                    ``(F) may use not more than 25 percent of the grant 
                funds to provide additional services and resources for 
                youth, including childcare, transportation, educational 
                support, and respite care.
    ``(d) Awards Basis.--
            ``(1) Grants to indian tribes.--Not less than 7 percent of 
        funds appropriated under this section in any year shall be 
        available for grants to Indian Tribes or tribal organizations.
            ``(2) Administration.--The Attorney General shall not use 
        more than 2.5 percent of funds appropriated under this section 
        in any year for administration, monitoring, and evaluation of 
        grants made available under this section.
            ``(3) Technical assistance.--Not less than 5 percent of 
        funds appropriated under this section in any year shall be 
        available to provide technical assistance for programs funded 
        under this section.
    ``(e) Term.--The Attorney General shall make the grants under this 
section for a period of 3 fiscal years.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $15,000,000 for each of fiscal 
years 2006 through 2010.

``SEC. 41202. ACCESS TO JUSTICE FOR YOUTH.

    ``(a) Purpose.--It is the purpose of this section to encourage 
cross training and collaboration between the courts, domestic violence 
and sexual assault service providers, youth organizations and service 
providers, violence prevention programs, and law enforcement agencies, 
so that communities can establish and implement policies, procedures, 
and practices to protect and more comprehensively and effectively serve 
young victims of dating violence, domestic violence, sexual assault, 
and stalking who are between the ages of 12 and 24, and to engage, 
where necessary, other entities addressing the safety, health, mental 
health, social service, housing, and economic needs of young victims of 
domestic violence, dating violence, sexual assault, and stalking, 
including community-based supports such as schools, local health 
centers, community action groups, and neighborhood coalitions.
    ``(b) Grant Authority.--
            ``(1) In general.--The Attorney General, through the 
        Director of the Office on Violence Against Women (in this 
        section referred to as the `Director'), shall make grants to 
        eligible entities to carry out the purposes of this section.
            ``(2) Grant periods.--Grants shall be awarded under this 
        section for a period of 2 fiscal years.
            ``(3) Eligible entities.--To be eligible for a grant under 
        this section, a grant applicant shall establish a collaboration 
        that--
                    ``(A) shall include a victim service provider that 
                has a documented history of effective work concerning 
                domestic violence, dating violence, sexual assault, or 
                stalking and the effect that those forms of abuse have 
                on young people;
                    ``(B) shall include a court or law enforcement 
                agency partner; and
                    ``(C) may include--
                            ``(i) batterer intervention programs or sex 
                        offender treatment programs with specialized 
                        knowledge and experience working with youth 
                        offenders;
                            ``(ii) community-based youth organizations 
                        that deal specifically with the concerns and 
                        problems faced by youth, including programs 
                        that target teen parents and racial, ethnic, 
                        and other underserved communities;
                            ``(iii) schools or school-based programs 
                        designed to provide prevention or intervention 
                        services to youth experiencing problems;
                            ``(iv) faith-based entities that deal with 
                        the concerns and problems faced by youth;
                            ``(v) healthcare entities eligible for 
                        reimbursement under title XVIII of the Social 
                        Security Act, including providers that target 
                        the special needs of youth;
                            ``(vi) education programs on HIV and other 
                        sexually transmitted diseases that are designed 
                        to target teens;
                            ``(vii) Indian Health Service, tribal child 
                        protective services, the Bureau of Indian 
                        Affairs, or the Federal Bureau of 
                        Investigations; or
                            ``(viii) law enforcement agencies of the 
                        Bureau of Indian Affairs providing tribal law 
                        enforcement.
    ``(c) Uses of Funds.--An entity that receives a grant under this 
section shall use the funds made available through the grant for cross-
training and collaborative efforts--
            ``(1) addressing domestic violence, dating violence, sexual 
        assault, and stalking, assessing and analyzing currently 
        available services for youth and young adult victims, 
        determining relevant barriers to such services in a particular 
        locality, and developing a community protocol to address such 
        problems collaboratively;
            ``(2) to establish and enhance linkages and collaboration 
        between--
                    ``(A) domestic violence and sexual assault service 
                providers; and
                    ``(B) where applicable, law enforcement agencies, 
                courts, Federal agencies, and other entities addressing 
                the safety, health, mental health, social service, 
                housing, and economic needs of young victims of abuse, 
                including community-based supports such as schools, 
                local health centers, community action groups, and 
                neighborhood coalitions--
                            ``(i) to respond effectively and 
                        comprehensively to the varying needs of young 
                        victims of abuse;
                            ``(ii) to include linguistically, 
                        culturally, and community relevant services for 
                        racial, ethnic, and other underserved 
                        populations or linkages to existing services in 
                        the community tailored to the needs of 
                        underserved populations; and
                            ``(iii) to include where appropriate legal 
                        assistance, referral services, and parental 
                        support;
            ``(3) to educate the staff of courts, domestic violence and 
        sexual assault service providers, and, as applicable, the staff 
        of law enforcement agencies, Indian child welfare agencies, 
        youth organizations, schools, healthcare providers, and other 
        community prevention and intervention programs to responsibly 
        address youth victims and perpetrators of domestic violence, 
        dating violence, sexual assault, and stalking;
            ``(4) to identify, assess, and respond appropriately to 
        dating violence, domestic violence, sexual assault, or stalking 
        against teens and young adults and meet the needs of young 
        victims of violence; and
            ``(5) to provide appropriate resources in juvenile court 
        matters to respond to dating violence, domestic violence, 
        sexual assault, and stalking and ensure necessary services 
        dealing with the health and mental health of victims are 
        available.
    ``(d) Grant Applications.--To be eligible for a grant under this 
section, the entities that are members of the applicant collaboration 
described in subsection (b)(3) shall jointly submit an application to 
the Director at such time, in such manner, and containing such 
information as the Director may require.
    ``(e) Priority.--In awarding grants under this section, the 
Director shall give priority to entities that have submitted 
applications in partnership with community organizations and service 
providers that work primarily with youth, especially teens, and who 
have demonstrated a commitment to coalition building and cooperative 
problem solving in dealing with problems of dating violence, domestic 
violence, sexual assault, and stalking in teen populations.
    ``(f) Distribution.--In awarding grants under this section--
            ``(1) not less than 10 percent of funds appropriated under 
        this section in any year shall be available to Indian tribal 
        governments to establish and maintain collaborations involving 
        the appropriate tribal justice and social services departments 
        or domestic violence or sexual assault service providers, the 
        purpose of which is to provide culturally appropriate services 
        to American Indian women or youth;
            ``(2) the Director shall not use more than 2.5 percent of 
        funds appropriated under this section in any year for 
        monitoring and evaluation of grants made available under this 
        section;
            ``(3) the Attorney General of the United States shall not 
        use more than 2.5 percent of funds appropriated under this 
        section in any year for administration of grants made available 
        under this section; and
            ``(4) up to 8 percent of funds appropriated under this 
        section in any year shall be available to provide technical 
        assistance for programs funded under this section.
    ``(g) Dissemination of Information.--Not later than 12 months after 
the end of the grant period under this section, the Director shall 
prepare, submit to Congress, and make widely available, including 
through electronic means, summaries that contain information on--
            ``(1) the activities implemented by the recipients of the 
        grants awarded under this section; and
            ``(2) related initiatives undertaken by the Director to 
        promote attention to dating violence, domestic violence, sexual 
        assault, and stalking and their impact on young victims by--
                    ``(A) the staffs of courts;
                    ``(B) domestic violence, dating violence, sexual 
                assault, and stalking victim service providers; and
                    ``(C) law enforcement agencies and community 
                organizations.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $5,000,000 in each of fiscal 
years 2006 through 2010.

``SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION 
              BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.

    ``(a) Purpose.--The purpose of this section is to support efforts 
by child welfare agencies, domestic violence or dating violence victim 
services providers, courts, law enforcement, and other related 
professionals and community organizations to develop collaborative 
responses and services and provide cross-training to enhance community 
responses to families where there is both child maltreatment and 
domestic violence.
    ``(b) Grants Authorized.--The Secretary of the Department of Health 
and Human Services (in this section referred to as the `Secretary'), 
through the Family and Youth Services Bureau, and in consultation with 
the Office on Violence Against Women, shall award grants on a 
competitive basis to eligible entities for the purposes and in the 
manner described in this section.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2006 through 2010. Funds appropriated under this section shall 
remain available until expended. Of the amounts appropriated to carry 
out this section for each fiscal year, the Secretary shall--
            ``(1) use not more than 3 percent for evaluation, 
        monitoring, site visits, grantee conferences, and other 
        administrative costs associated with conducting activities 
        under this section;
            ``(2) set aside not more than 7 percent for grants to 
        Indian tribes to develop programs addressing child maltreatment 
        and domestic violence or dating violence that are operated by, 
        or in partnership with, a tribal organization; and
            ``(3) set aside up to 8 percent for technical assistance 
        and training to be provided by organizations having 
        demonstrated expertise in developing collaborative community 
        and system responses to families in which there is both child 
        maltreatment and domestic violence or dating violence, which 
        technical assistance and training may be offered to 
        jurisdictions in the process of developing community responses 
        to families in which children are exposed to child maltreatment 
        and domestic violence or dating violence, whether or not they 
        are receiving funds under this section.
    ``(d) Underserved Populations.--In awarding grants under this 
section, the Secretary shall consider the needs of racial, ethnic, and 
other underserved populations.
    ``(e) Grant Awards.--The Secretary shall award grants under this 
section for periods of not more than 2 fiscal years.
    ``(f) Uses of Funds.--Entities receiving grants under this section 
shall use amounts provided to develop collaborative responses and 
services and provide cross-training to enhance community responses to 
families where there is both child maltreatment and domestic violence 
or dating violence. Amounts distributed under this section may only be 
used for programs and activities described in subsection (g).
    ``(g) Programs and Activities.--The programs and activities 
developed under this section shall--
            ``(1) encourage cross training, education, service 
        development, and collaboration among child welfare agencies, 
        domestic violence victim service providers, and courts, law 
        enforcement agencies, community-based programs, and other 
        entities, in order to ensure that such entities have the 
        capacity to and will identify, assess, and respond 
        appropriately to--
                    ``(A) domestic violence or dating violence in homes 
                where children are present and may be exposed to the 
                violence;
                    ``(B) domestic violence or dating violence in child 
                protection cases; and
                    ``(C) the needs of both the child and nonabusing 
                parent;
            ``(2) establish and implement policies, procedures, 
        programs, and practices for child welfare agencies, domestic 
        violence victim service providers, courts, law enforcement 
        agencies, and other entities, that are consistent with the 
        principles of protecting and increasing the immediate and long-
        term safety and well being of children and non-abusing parents 
        and caretakers;
            ``(3) increase cooperation and enhance linkages between 
        child welfare agencies, domestic violence victim service 
        providers, courts, law enforcement agencies, and other entities 
        to provide more comprehensive community-based services 
        (including health, mental health, social service, housing, and 
        neighborhood resources) to protect and to serve both child and 
        adult victims;
            ``(4) identify, assess, and respond appropriately to 
        domestic violence or dating violence in child protection cases 
        and to child maltreatment when it co-occurs with domestic 
        violence or dating violence;
            ``(5) analyze and change policies, procedures, and 
        protocols that contribute to overrepresentation of racial and 
        ethnic minorities in the court and child welfare system; and
            ``(6) provide appropriate referrals to community-based 
        programs and resources, such as health and mental health 
        services, shelter and housing assistance for adult and youth 
        victims and their children, legal assistance and advocacy for 
        adult and youth victims, assistance for parents to help their 
        children cope with the impact of exposure to domestic violence 
        or dating violence and child maltreatment, appropriate 
        intervention and treatment for adult perpetrators of domestic 
        violence or dating violence whose children are the subjects of 
        child protection cases, programs providing support and 
        assistance to racial and ethnic populations, and other 
        necessary supportive services.
    ``(i) Grantee Requirements.--
            ``(1) Applications.--Under this section, an entity shall 
        prepare and submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, consistent with the requirements 
        described herein. The application shall--
                    ``(A) ensure that communities impacted by these 
                systems or organizations are adequately represented in 
                the development of the application, the programs and 
                activities to be undertaken, and that they have a 
                significant role in evaluating the success of the 
                project;
                    ``(B) describe how the training and collaboration 
                activities will enhance or ensure the safety and 
                economic security of families where both child 
                maltreatment and domestic violence or dating violence 
                occurs by providing appropriate resources, protection, 
                and support to the victimized parents of such children 
                and to the children themselves; and
                    ``(C) outline methods and means participating 
                entities will use to ensure that all services are 
                provided in a developmentally, linguistically and 
                culturally competent manner and will utilize community-
                based supports and resources.
            ``(2) Eligible entities.--To be eligible for a grant under 
        this section, an entity shall be a collaboration that--
                    ``(A) shall include a State or local child welfare 
                agency or Indian Tribe;
                    ``(B) shall include a domestic violence or dating 
                violence victim service provider;
                    ``(C) shall include a law enforcement agency or 
                Bureau of Indian Affairs providing tribal law 
                enforcement;
                    ``(D) may include a court; and
                    ``(E) may include any other such agencies or 
                private nonprofit organizations and faith-based 
                organizations, including community-based organizations, 
                with the capacity to provide effective help to the 
                child and adult victims served by the collaboration.''.

SEC. 304. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN ON CAMPUS.

    Section 826 of the Higher Education Amendments of 1998 (20 U.S.C. 
1152) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following: ``The Attorney General, through the Director of the 
        Office on Violence Against Women, shall award the grants in 
        amounts of not more than $500,000 for individual institutions 
        of higher education and not more than $1,000,000 for consortia 
        of such institutions.'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by inserting ``develop and implement 
                        campus policies, protocols, and services that'' 
                        after ``boards to''; and
                            (ii) by adding at the end the following: 
                        ``Within 90 days after the date of enactment of 
                        the Violence Against Women Act of 2005, the 
                        Attorney General shall issue and make available 
                        minimum standards of training relating to 
                        violent crimes against women on campus, for all 
                        campus security personnel and personnel serving 
                        on campus disciplinary or judicial boards.'';
                    (B) in paragraph (4), by striking all that follows 
                ``strengthen'' and inserting: ``victim services 
                programs on the campuses of the institutions involved, 
                including programs providing legal, medical, or 
                psychological counseling, for victims of domestic 
                violence, stalking, dating violence, or sexual assault, 
                and to improve delivery of victim assistance on campus. 
                To the extent practicable, such an institution shall 
                collaborate with any entities carrying out nonprofit 
                and other victim services programs, including sexual 
                assault, domestic violence, stalking, and dating 
                violence victim services programs in the community in 
                which the institution is located. If appropriate victim 
                services programs are not available in the community or 
                are not accessible to students, the institution shall, 
                to the extent practicable, provide a victim services 
                program on campus or create a victim services program 
                in collaboration with a community-based organization. 
                The institution shall use not less than 20 percent of 
                the funds made available through the grant for a victim 
                services program provided in accordance with this 
                paragraph.'';
                    (C) by striking paragraphs (6) and (8);
                    (D) by redesignating paragraphs (7), (9), and (10) 
                as paragraphs (6), (7), and (8), respectively;
            (3) in subsection (c), by striking paragraph (2)(B) and 
        inserting the following:
                    ``(B) include proof that the institution of higher 
                education collaborated with a nonprofit, 
                nongovernmental entities carrying out other victim 
                services programs, including sexual assault, domestic 
                violence, stalking, and dating violence victim services 
                programs in the community in which the institution is 
                located;'';
            (4) in subsection (f), by striking the text and inserting 
        the following: ``In this section, the definitions and grant 
        conditions provided in section 40002 of the Violence Against 
        Women Act of 1994 shall apply.''; and
            (5) in subsection (g), by--
                    (A) striking ``$10,000,000'' and inserting 
                ``$15,000,000'';
                    (B) striking ``2001'' and inserting ``2006''; and
                    (C) striking ``2005'' and inserting ``2010''.

SEC. 305. JUVENILE JUSTICE.

    (a) State Plans.--Section 223(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) in paragraph (7)(B)--
                    (A) by redesignating clauses (i), (ii) and (iii), 
                as clauses (ii), (iii), and (iv), respectively; and
                    (B) by inserting before clause (ii) the following:
                    ``(i) an analysis of gender-specific services for 
                the prevention and treatment of juvenile delinquency, 
                including the types of such services available and the 
                need for such services for females;''.
    (b) Use of Funds.--Section 223(a)(9) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(9)) is amended--
            (1) in subparagraph (R), by striking ``and'' at the end;
            (2) in subparagraph (S), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(T) developing and adopting policies to prohibit 
                disparate treatment of female juveniles in placement 
                and treatment, and establishing gender-specific 
                services to ensure that female juveniles have access to 
                the full range of health and mental health services, 
                treatment for physical or sexual assault and abuse, 
                education in parenting, education in general, and other 
                training and vocational services.''.

SEC. 306. SAFE HAVENS.

    Section 1301 of the Victims of Trafficking and Violence Protection 
Act of 2000 (42 U.S.C. 10420) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 10402. SAFE HAVENS FOR CHILDREN.'';

            (2) in subsection (a)--
                    (A) by inserting ``, through the Director of the 
                Office on Violence Against Women,'' after ``Attorney 
                General'';
                    (B) by inserting ``dating violence,'' after 
                ``domestic violence,'';
                    (C) by striking ``to provide'' and inserting the 
                following:
            ``(1) to provide'';
                    (D) by striking the period at the end and inserting 
                a semicolon; and
                    (E) by adding at the end the following:
            ``(2) to protect children from the trauma of witnessing 
        domestic or dating violence or experiencing abduction, injury, 
        or death during parent and child visitation exchanges;
            ``(3) to protect parents or caretakers who are victims of 
        domestic and dating violence from experiencing further 
        violence, abuse, and threats during child visitation exchanges; 
        and
            ``(4) to protect children from the trauma of experiencing 
        sexual assault or other forms of physical assault or abuse 
        during parent and child visitation and visitation exchanges.''; 
        and
            (3) by striking subsection (e) and inserting the following:
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $20,000,000 for each of fiscal years 
        2006 through 2010. Funds appropriated under this section shall 
        remain available until expended.
            ``(2) Use of funds.--Of the amounts appropriated to carry 
        out this section for each fiscal year, the Attorney General 
        shall--
                    ``(A) set aside not less than 7 percent for grants 
                to Indian tribal governments or tribal organizations;
                    ``(B) use not more than 3 percent for evaluation, 
                monitoring, site visits, grantee conferences, and other 
                administrative costs associated with conducting 
                activities under this section; and
                    ``(C) set aside not more than 8 percent for 
                technical assistance and training to be provided by 
                organizations having nationally recognized expertise in 
                the design of safe and secure supervised visitation 
                programs and visitation exchange of children in 
                situations involving domestic violence, dating 
                violence, sexual assault, or stalking.''.

   TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE

SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.

    The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is 
amended by adding at the end the following:

 ``Subtitle M--Strengthening America's Families by Preventing Violence 
                       Against Women and Children

``SEC. 41301. FINDINGS.

    ``Congress finds that--
            ``(1) the former United States Advisory Board on Child 
        Abuse suggests that domestic violence may be the single major 
        precursor to child abuse and neglect fatalities in this 
        country;
            ``(2) studies suggest that as many as 10,000,000 children 
        witness domestic violence every year;
            ``(3) studies suggest that among children and teenagers, 
        recent exposure to violence in the home was a significant 
        factor in predicting a child's violent behavior;
            ``(4) a study by the Nurse-Family Partnership found that 
        children whose parents did not participate in home visitation 
        programs that provided coaching in parenting skills, advice and 
        support, were almost 5 times more likely to be abused in their 
        first 2 years of life;
            ``(5) a child's exposure to domestic violence seems to pose 
        the greatest independent risk for being the victim of any act 
        of partner violence as an adult;
            ``(6) children exposed to domestic violence are more likely 
        to believe that using violence is an effective means of getting 
        one's needs met and managing conflict in close relationships;
            ``(7) children exposed to abusive parenting, harsh or 
        erratic discipline, or domestic violence are at increased risk 
        for juvenile crime; and
            ``(8) in a national survey of more than 6,000 American 
        families, 50 percent of men who frequently assaulted their 
        wives also frequently abused their children.

``SEC. 41302. PURPOSE.

    ``The purpose of this subtitle is to--
            ``(1) prevent crimes involving violence against women, 
        children, and youth;
            ``(2) increase the resources and services available to 
        prevent violence against women, children, and youth;
            ``(3) reduce the impact of exposure to violence in the 
        lives of children and youth so that the intergenerational cycle 
        of violence is interrupted;
            ``(4) develop and implement education and services programs 
        to prevent children in vulnerable families from becoming 
        victims or perpetrators of domestic violence, dating violence, 
        sexual assault, or stalking;
            ``(5) promote programs to ensure that children and youth 
        receive the assistance they need to end the cycle of violence 
        and develop mutually respectful, nonviolent relationships; and
            ``(6) encourage collaboration among community-based 
        organizations and governmental agencies serving children and 
        youth, providers of health and mental health services and 
        providers of domestic violence, dating violence, sexual 
        assault, and stalking victim services to prevent violence 
        against women and children.

``SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Department of Health and Human Services, 
        is authorized to award grants on a competitive basis to 
        eligible entities for the purpose of mitigating the effects of 
        domestic violence, dating violence, sexual assault, and 
        stalking on children exposed to such violence, and reducing the 
        risk of future victimization or perpetration of domestic 
        violence, dating violence, sexual assault, and stalking.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 2 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of underserved 
                populations;
                    ``(B) awarding not less than 10 percent of such 
                amounts to Indian tribes for the funding of tribal 
                projects from the amounts made available under this 
                section for a fiscal year;
                    ``(C) awarding up to 8 percent for the funding of 
                technical assistance programs from the amounts made 
                available under this section for a fiscal year; and
                    ``(D) awarding not less than 66 percent to programs 
                described in subsection (c)(1) 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 $20,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--The funds appropriated under this section 
shall be used for--
            ``(1) programs that provide services for children exposed 
        to domestic violence, dating violence, sexual assault, or 
        stalking, which may include direct counseling, advocacy, or 
        mentoring, and must include support for the nonabusing parent 
        or the child's caretaker; or
            ``(2) training, coordination, and advocacy for programs 
        that serve children and youth (such as Head Start, child care, 
        and after-school programs) on how to safely and confidentially 
        identify children and families experiencing domestic violence 
        and properly refer them to programs that can provide direct 
        services to the family and children, and coordination with 
        other domestic violence or other programs serving children 
        exposed to domestic violence, dating violence, sexual assault, 
        or stalking that can provide the training and direct services 
        referenced in this subsection.
    ``(d) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a--
            ``(1) a victim service provider, tribal nonprofit 
        organization or community-based organization that has a 
        documented history of effective work concerning children or 
        youth exposed to domestic violence, dating violence, sexual 
        assault, or stalking, including programs that provide 
        culturally specific services, Head Start, childcare, faith-
        based organizations, after school programs, and health and 
        mental health providers; or
            ``(2) a State, territorial, or tribal, or local unit of 
        government agency that is partnered with an organization 
        described in paragraph (1).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) at a minimum, describe in the application the 
        policies and procedures that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children who have been or are being exposed to violence 
                and their nonabusing parent, enhance or ensure the 
                safety and security of children and their nonabusing 
                parent in homes already experiencing domestic violence, 
                dating violence, sexual assault, or stalking; and
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial and ethnic, and 
                other underserved communities.

``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, and in 
        collaboration with the Department of Health and Human Services, 
        shall award grants on a competitive basis to home visitation 
        programs, in collaboration with victim service providers, for 
        the purposes of developing and implementing model policies and 
        procedures to train home visitation service providers on 
        addressing domestic violence, dating violence, sexual assault, 
        and stalking in families experiencing 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.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $7,000,000 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 provided in the permanent or 
        temporary residence or in other familiar surroundings of the 
        individual or family 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 application at 
        such time, in such manner, and containing such information as 
        the Director may require; 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 security 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 and ethnic and 
                other underserved communities;
                    ``(C) ensure the adequate training by domestic 
                violence, dating violence, sexual assault or stalking 
                victim service providers of home visitation grantee 
                program staff to--
                            ``(i) safely screen for and/or recognize 
                        domestic violence, dating violence, sexual 
                        assault, and stalking;
                            ``(ii) understand the impact of domestic 
                        violence or sexual assault on children and 
                        protective actions taken by a nonabusing 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 coalitions are aware of 
                the efforts of organizations receiving grants under 
                this section, and are included as training partners, 
                where possible.

``SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Office on Violence Against Women, and in 
        collaboration with the Department of Health and Human Services, 
        shall award grants on a competitive basis to eligible entities 
        for the purpose of developing or enhancing programs related to 
        engaging men and youth in preventing domestic violence, dating 
        violence, sexual assault, and stalking by helping them to 
        develop mutually respectful, nonviolent relationships.
            ``(2) Term.--The Director shall make grants under this 
        section for a period of 2 fiscal years.
            ``(3) Award basis.--The Director shall award grants--
                    ``(A) considering the needs of racial and ethnic 
                and other underserved populations;
                    ``(B) awarding not less than 10 percent of such 
                amounts for the funding of Indian tribes from the 
                amounts made available under this section for a fiscal 
                year; and
                    ``(C) awarding up to 8 percent for the funding of 
                technical assistance for grantees and non-grantees 
                working in this area 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 $10,000,000 for each of fiscal 
years 2006 through 2010.
    ``(c) Use of Funds.--
            ``(1) Programs.--The funds appropriated under this section 
        shall be used by eligible entities--
                    ``(A) to develop or enhance community-based 
                programs, including gender-specific programs in 
                accordance with applicable laws that--
                            ``(i) encourage children and youth to 
                        pursue nonviolent relationships and reduce 
                        their risk of becoming victims or perpetrators 
                        of domestic violence, dating violence, sexual 
                        assault, or stalking; and
                            ``(ii) that include at a minimum--
                                    ``(I) information on domestic 
                                violence, dating violence, sexual 
                                assault, stalking, or child sexual 
                                abuse and how they affect children and 
                                youth; and
                                    ``(II) strategies to help 
                                participants be as safe as possible; or
                    ``(B) to create public education campaigns and 
                community organizing to encourage men and boys to work 
                as allies with women and girls to prevent violence 
                against women and girls conducted by entities that have 
                experience in conducting public education campaigns 
                that address domestic violence, dating violence, sexual 
                assault, or stalking.
            ``(2) Media limits.--No more than 40 percent of funds 
        received by a grantee under this section may be used to create 
        and distribute media materials.
    ``(d) Eligible Entities.--
            ``(1) Relationships.--Eligible entities under subsection 
        (c)(1)(A) are--
                    ``(A) nonprofit, nongovernmental domestic violence, 
                dating violence, sexual assault, or stalking victim 
                service providers or coalitions;
                    ``(B) community-based child or youth services 
                organizations with demonstrated experience and 
                expertise in addressing the needs and concerns of young 
                people;
                    ``(C) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A) or (B); or
                    ``(D) a program that provides culturally specific 
                services.
            ``(2) Awareness campaign.--Eligible entities under 
        subsection (c)(1)(B) are--
                    ``(A) nonprofit, nongovernmental organizations or 
                coalitions that have a documented history of creating 
                and administering effective public education campaigns 
                addressing the prevention of domestic violence, dating 
                violence, sexual assault or stalking; or
                    ``(B) a State, territorial, tribal, or unit of 
                local governmental entity that is partnered with an 
                organization described in subparagraph (A).
    ``(e) Grantee Requirements.--Under this section, an entity shall--
            ``(1) prepare and submit to the Director an application at 
        such time, in such manner, and containing such information as 
        the Director may require; and
            ``(2) eligible entities pursuant to subsection (c)(1)(A) 
        shall describe in the application the policies and procedures 
        that the entity has or will adopt to--
                    ``(A) enhance or ensure the safety and security of 
                children and youth already experiencing domestic 
                violence, dating violence, sexual assault, or stalking 
                in their lives;
                    ``(B) ensure linguistically, culturally, and 
                community relevant services for racial and ethnic, and 
                other underserved communities;
                    ``(C) inform participants about laws, services, 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.''.

SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND 
              PREVENTION.

    (a) Purposes.--The Secretary of Health and Human Services acting 
through the National Center for Injury Prevention and Control at the 
Centers for Disease Control Prevention shall make grants to entities, 
including domestic and sexual assault coalitions and programs, research 
organizations, tribal organizations, and academic institutions to 
support research to examine prevention and intervention programs to 
further the understanding of sexual and domestic violence by and 
against adults, youth, and children.
    (b) Use of Funds.--The research conducted under this section shall 
include evaluation and study of best practices for reducing and 
preventing violence against women and children addressed by the 
strategies included in Department of Health and Human Services-related 
provisions this title, including strategies addressing racial, ethnic, 
and other underserved communities.
    (c) Authorization of Appropriations.--There shall be authorized to 
be appropriated to carry out this title $2,000,000 for each of the 
fiscal years 2006 through 2010.

  TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC 
        VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

SEC. 501. FINDINGS.

    Congress makes the following findings:
            (1) The health-related costs of intimate partner violence 
        in the United States exceed $5,800,000,000 annually.
            (2) Thirty-seven percent of all women who sought care in 
        hospital emergency rooms for violence-related injuries were 
        injured by a current or former spouse, boyfriend, or 
        girlfriend.
            (3) In addition to injuries sustained during violent 
        episodes, physical and psychological abuse is linked to a 
        number of adverse physical and mental health effects. Women who 
        have been abused are much more likely to suffer from chronic 
        pain, diabetes, depression, unintended pregnancies, substance 
        abuse and sexually transmitted infections, including HIV/AIDS.
            (4) Health plans spend an average of $1,775 more a year on 
        abused women than on general enrollees.
            (5) Each year about 324,000 pregnant women in the United 
        States are battered by the men in their lives. This battering 
        leads to complications of pregnancy, including low weight gain, 
        anemia, infections, and first and second trimester bleeding.
            (6) Pregnant and recently pregnant women are more likely to 
        be victims of homicide than to die of any other pregnancy-
        related cause, and evidence exists that a significant 
        proportion of all female homicide victims are killed by their 
        intimate partners.
            (7) Children who witness domestic violence are more likely 
        to exhibit behavioral and physical health problems including 
        depression, anxiety, and violence towards peers. They are also 
        more likely to attempt suicide, abuse drugs and alcohol, run 
        away from home, engage in teenage prostitution, and commit 
        sexual assault crimes.
            (8) Recent research suggests that women experiencing 
        domestic violence significantly increase their safety-promoting 
        behaviors over the short- and long-term when health care 
        providers screen for, identify, and provide followup care and 
        information to address the violence.
            (9) Currently, only about 10 percent of primary care 
        physicians routinely screen for intimate partner abuse during 
        new patient visits and 9 percent routinely screen for intimate 
        partner abuse during periodic checkups.
            (10) Recent clinical studies have proven the effectiveness 
        of a 2-minute screening for early detection of abuse of 
        pregnant women. Additional longitudinal studies have tested a 
        10-minute intervention that was proven highly effective in 
        increasing the safety of pregnant abused women. Comparable 
        research does not yet exist to support the effectiveness of 
        screening men.
            (11) Seventy to 81 percent of the patients studied reported 
        that they would like their healthcare providers to ask them 
        privately about intimate partner violence.

SEC. 502. PURPOSE.

    It is the purpose of this title to improve the health care system's 
response to domestic violence, dating violence, sexual assault, and 
stalking through the training and education of health care providers, 
developing comprehensive public health responses to violence against 
women and children, increasing the number of women properly screened, 
identified, and treated for lifetime exposure to violence, and 
expanding research on effective interventions in the health care 
setting.

SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN DOMESTIC 
              AND SEXUAL VIOLENCE.

    Part D of title VII of the Public Health Service Act (42 U.S.C. 294 
et seq.) is amended by adding at the end the following:

``SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC 
              VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE.

    ``(a) Grants.--The Secretary, acting through the Director of the 
Health Resources and Services Administration, shall award grants under 
this section to develop interdisciplinary training and education 
programs that provide undergraduate, graduate, post-graduate medical, 
nursing (including advanced practice nursing students), and other 
health professions students with an understanding of, and clinical 
skills pertinent to, domestic violence, sexual assault, stalking, and 
dating violence.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section an entity shall--
            ``(1) be an accredited school of allopathic or osteopathic 
        medicine;
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    ``(A) information to demonstrate that the applicant 
                includes the meaningful participation of a school of 
                nursing and at least one other school of health 
                professions or graduate program in public health, 
                dentistry, social work, midwifery, or behavioral and 
                mental health;
                    ``(B) strategies for the dissemination and sharing 
                of curricula and other educational materials developed 
                under the grant to other interested medical and nursing 
                schools and national resource repositories for 
                materials on domestic violence and sexual assault; and
                    ``(C) a plan for consulting with, and compensating 
                community-based coalitions or individuals who have 
                experience and expertise in issues related to domestic 
                violence, sexual assault, dating violence, and stalking 
                for services provided under the program carried out 
                under the grant.
    ``(c) Use of Funds.--
            ``(1) Required uses.--Amounts provided under a grant under 
        this section shall be used to--
                    ``(A) fund interdisciplinary training and education 
                projects that are designed to train medical, nursing, 
                and other health professions students and residents to 
                identify and provide health care services (including 
                mental or behavioral health care services and referrals 
                to appropriate community services) to individuals who 
                are or who have experienced domestic violence, sexual 
                assault, and stalking or dating violence; and
                    ``(B) plan and develop culturally competent 
                clinical components for integration into approved 
                residency training programs that address health issues 
                related to domestic violence, sexual assault, dating 
                violence, and stalking, along with other forms of 
                violence as appropriate, and include the primacy of 
                victim safety and confidentiality.
            ``(2) Permissive uses.--Amounts provided under a grant 
        under this section may be used to--
                    ``(A) offer community-based training opportunities 
                in rural areas for medical, nursing, and other students 
                and residents on domestic violence, sexual assault, 
                stalking, and dating violence, and other forms of 
                violence and abuse, which may include the use of 
                distance learning networks and other available 
                technologies needed to reach isolated rural areas; or
                    ``(B) provide stipends to students from racial and 
                ethnic population groups who are underrepresented in 
                the health professions as necessary to promote and 
                enable their participation in clerkships, 
                preceptorships, or other offsite training experiences 
                that are designed to develop health care clinical 
                skills related to domestic violence, sexual assault, 
                dating violence, and stalking.
            ``(3) Requirements.--
                    ``(A) Confidentiality and safety.--Grantees under 
                this section shall ensure that all educational programs 
                developed with grant funds address issues of 
                confidentiality and patient safety, and that faculty 
                and staff associated with delivering educational 
                components are fully trained in procedures that will 
                protect the immediate and ongoing security of the 
                patients, patient records, and staff. Advocacy-based 
                coalitions or other expertise available in the 
                community shall be consulted on the development and 
                adequacy of confidentially and security procedures, and 
                shall be fairly compensated by grantees for their 
                services.
                    ``(B) Rural programs.--Rural training programs 
                carried out under paragraph (2)(A) shall reflect 
                adjustments in protocols and procedures or referrals 
                that may be needed to protect the confidentiality and 
                safety of patients who live in small or isolated 
                communities and who are currently or have previously 
                experienced violence or abuse.
            ``(4) Child and elder abuse.--Issues related to child and 
        elder abuse may be addressed as part of a comprehensive 
        programmatic approach implemented under a grant under this 
        section.
    ``(d) Requirements of Grantees.--
            ``(1) Limitation on administrative expenses.--A grantee 
        shall not use more than 10 percent of the amounts received 
        under a grant under this section for administrative expenses.
            ``(2) Contribution of funds.--A grantee under this section, 
        and any entity receiving assistance under the grant for 
        training and education, shall contribute non-Federal funds, 
        either directly or through in-kind contributions, to the costs 
        of the activities to be funded under the grant in an amount 
        that is not less than 25 percent of the total cost of such 
        activities.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $3,000,000 for each of fiscal 
years 2006 through 2010. Amounts appropriated under this subsection 
shall remain available until expended.''.

SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING 
              GRANTS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399O. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
              VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    ``(a) Authority to Award Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall award grants to eligible State, tribal, territorial, or 
        local entities to strengthen the response of State, tribal, 
        territorial, or local health care systems to domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(2) Eligible entities.--To be eligible to receive a grant 
        under this section, an entity shall--
                    ``(A) be--
                            ``(i) a State department (or other 
                        division) of health, a State domestic or sexual 
                        assault coalition or service-based program, 
                        State law enforcement task force, or any other 
                        nonprofit, nongovernmental, tribal, 
                        territorial, or State entity with a history of 
                        effective work in the fields of domestic 
                        violence, dating violence, sexual assault or 
                        stalking, and health care; or
                            ``(ii) a local, nonprofit domestic 
                        violence, dating violence, sexual assault, or 
                        stalking service-based program, a local 
                        department (or other division) of health, a 
                        local health clinic, hospital, or health 
                        system, or any other nonprofit, tribal, or 
                        local entity with a history of effective work 
                        in the field of domestic or sexual violence and 
                        health;
                    ``(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such agreements, assurances, and information 
                as the Secretary determines to be necessary to carry 
                out the purposes for which the grant is to be made; and
                    ``(C) demonstrate that the entity is representing a 
                team of organizations and agencies working 
                collaboratively to strengthen the response of the 
                health care system involved to domestic violence, 
                dating violence, sexual assault, or stalking and that 
                such team includes domestic violence, dating violence, 
                sexual assault or stalking and health care 
                organizations.
            ``(3) Duration.--A program conducted under a grant awarded 
        under this section shall not exceed 2 years.
    ``(b) Use of Funds.--
            ``(1) In general.--An entity shall use amounts received 
        under a grant under this section to design and implement 
        comprehensive strategies to improve the response of the health 
        care system involved to domestic or sexual violence in clinical 
        and public health settings, hospitals, clinics, managed care 
        settings (including behavioral and mental health), and other 
        health settings.
            ``(2) Mandatory strategies.--Strategies implemented under 
        paragraph (1) shall include the following:
                    ``(A) The implementation, dissemination, and 
                evaluation of policies and procedures to guide health 
                care professionals and behavioral and public health 
                staff in responding to domestic violence, dating 
                violence, sexual assault, and stalking, including 
                strategies to ensure that health information is 
                maintained in a manner that protects the patient's 
                privacy and safety and prohibits insurance 
                discrimination.
                    ``(B) The development of on-site access to services 
                to address the safety, medical, mental health, and 
                economic needs of patients either by increasing the 
                capacity of existing health care professionals and 
                behavioral and public health staff to address domestic 
                violence, dating violence, sexual assault, and 
                stalking, by contracting with or hiring domestic or 
                sexual assault advocates to provide the services, or to 
                model other services appropriate to the geographic and 
                cultural needs of a site.
                    ``(C) The evaluation of practice and the 
                institutionalization of identification, intervention, 
                and documentation including quality improvement 
                measurements.
                    ``(D) The provision of training and followup 
                technical assistance to health care professionals, 
                behavioral and public health staff, and allied health 
                professionals to identify, assess, treat, and refer 
                clients who are victims of domestic violence, dating 
                violence, sexual violence, or stalking.
            ``(3) Permissive strategies.--Strategies implemented under 
        paragraph (1) may include the following:
                    ``(A) Where appropriate, the development of 
                training modules and policies that address the overlap 
                of child abuse, domestic violence, dating violence, 
                sexual assault, and stalking and elder abuse as well as 
                childhood exposure to domestic violence.
                    ``(B) The creation, adaptation, and implementation 
                of public education campaigns for patients concerning 
                domestic violence, dating violence, sexual assault, and 
                stalking prevention.
                    ``(C) The development, adaptation, and 
                dissemination of domestic violence, dating violence, 
                sexual assault, and stalking education materials to 
                patients and health care professionals and behavioral 
                and public health staff.
                    ``(D) The promotion of the inclusion of domestic 
                violence, dating violence, sexual assault, and stalking 
                into health professional training schools, including 
                medical, dental, nursing school, social work, and 
                mental health curriculum.
                    ``(E) The integration of domestic violence, dating 
                violence, sexual assault, and stalking into health care 
                accreditation and professional licensing examinations, 
                such as medical, dental, social work, and nursing 
                boards.
    ``(c) Allocation of Funds.--Funds appropriated under this section 
shall be distributed equally between State and local programs.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to award grants under this section, $5,000,000 for each of 
fiscal years 2006 through 2010.''.

SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTHCARE 
              SETTING.

    Subtitle B of the Violence Against Women Act of 1994 (Public Law 
103-322; 108 Stat. 1902 et seq.), as amended by the Violence Against 
Women Act of 2000 (114 Stat. 1491 et seq.), and as amended by this Act, 
is further amended by adding at the end the following:

 ``CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE 
                             AGAINST WOMEN

``SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTH CARE 
              SETTING.

    ``(a) Purpose.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention and the Director of the 
Agency for Healthcare Research and Quality, shall award grants and 
contracts to fund research on effective interventions in the health 
care setting that prevent domestic violence, dating violence, and 
sexual assault across the lifespan and that prevent the health effects 
of such violence and improve the safety and health of individuals who 
are currently being victimized.
    ``(b) Use of Funds.--Research conducted with amounts received under 
a grant or contract under this section shall include the following:
            ``(1) With respect to the authority of the Centers for 
        Disease Control and Prevention--
                    ``(A) research on the effects of domestic violence, 
                dating violence, sexual assault, and childhood exposure 
                to domestic, dating, or sexual violence, on health 
                behaviors, health conditions, and the health status of 
                individuals, families, and populations; and
                    ``(B) research and testing of best messages and 
                strategies to mobilize public and health care provider 
                action concerning the prevention of domestic, dating, 
                or sexual violence; and
            ``(2) With respect to the authority of the Agency for 
        Healthcare Research and Quality--
                    ``(A) research on the impact on the health care 
                system, health care utilization, health care costs, and 
                health status of domestic violence, dating violence, 
                and childhood exposure to domestic and dating violence, 
                sexual violence and stalking and childhood exposure; 
                and
                    ``(B) research on effective interventions within 
                primary care and emergency health care settings and 
                with health care settings that include clinical 
                partnerships within community domestic violence 
                providers for adults and children exposed to domestic 
                or dating violence.
    ``(c) Use of Data.--Research funded under this section shall be 
utilized by eligible entities under section 399O of the Public Health 
Service Act.
    ``(d) 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.''.

   TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND 
                                CHILDREN

SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE, 
              DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.

    The Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) is 
amended by adding at the end the following:

   ``Subtitle N--Addressing the Housing Needs of Victims of Domestic 
        Violence, Dating Violence, Sexual Assault, and Stalking

``SEC. 41401. FINDINGS.

    ``Congress finds that:
            ``(1) There is a strong link between domestic violence and 
        homelessness. Among cities surveyed, 44 percent identified 
        domestic violence as a primary cause of homelessness.
            ``(2) 92 percent of homeless women have experienced severe 
        physical or sexual abuse at some point in their lives. Of all 
        homeless women and children, 60 percent had been abused by age 
        12, and 63 percent have been victims of intimate partner 
        violence as adults.
            ``(3) Women and families across the country are being 
        discriminated against, denied access to, and even evicted from 
        public and subsidized housing because of their status as 
        victims of domestic violence.
            ``(4) A recent survey of legal service providers around the 
        country found that these providers have responded to almost 150 
        documented eviction cases in the last year alone where the 
        tenant was evicted because of the domestic violence crimes 
        committed against her. In addition, nearly 100 clients were 
        denied housing because of their status as victims of domestic 
        violence.
            ``(5) Women who leave their abusers frequently lack 
        adequate emergency shelter options. The lack of adequate 
        emergency options for victims presents a serious threat to 
        their safety and the safety of their children. Requests for 
        emergency shelter by homeless women with children increased by 
        78 percent of United States cities surveyed in 2004. In the 
        same year, 32 percent of the requests for shelter by homeless 
        families went unmet due to the lack of available emergency 
        shelter beds.
            ``(6) The average stay at an emergency shelter is 60 days, 
        while the average length of time it takes a homeless family to 
        secure housing is 6 to 10 months.
            ``(7) Victims of domestic violence often return to abusive 
        partners because they cannot find long-term housing.
            ``(8) There are not enough Federal housing rent vouchers 
        available to accommodate the number of people in need of long-
        term housing. Some people remain on the waiting list for 
        Federal housing rent vouchers for years, while some lists are 
        closed.
            ``(9) Transitional housing resources and services provide 
        an essential continuum between emergency shelter provision and 
        independent living. A majority of women in transitional housing 
        programs stated that had these programs not existed, they would 
        have likely gone back to abusive partners.
            ``(10) Because abusers frequently manipulate finances in an 
        effort to control their partners, victims often lack steady 
        income, credit history, landlord references, and a current 
        address, all of which are necessary to obtain long-term 
        permanent housing.
            ``(11) Victims of domestic violence in rural areas face 
        additional barriers, challenges, and unique circumstances, such 
        as geographical isolation, poverty, lack of public 
        transportation systems, shortages of health care providers, 
        under-insurance or lack of health insurance, difficulty 
        ensuring confidentiality in small communities, and decreased 
        access to many resources (such as advanced education, job 
        opportunities, and adequate childcare).
            ``(12) Congress and the Secretary of Housing and Urban 
        Development have recognized in recent years that families 
        experiencing domestic violence have unique needs that should be 
        addressed by those administering the Federal housing programs.

``SEC. 41402. PURPOSE.

    ``The purpose of this subtitle is to reduce domestic violence, 
dating violence, sexual assault, and stalking, and to prevent 
homelessness by--
            ``(1) protecting the safety of victims of domestic 
        violence, dating violence, sexual assault, and stalking who 
        reside in homeless shelters, public housing, assisted housing, 
        Indian housing, or other emergency, transitional, permanent, or 
        affordable housing, and ensuring that such victims have 
        meaningful access to the criminal justice system without 
        jeopardizing such housing;
            ``(2) creating long-term housing solutions that develop 
        communities and provide sustainable living solutions for 
        victims of domestic violence, dating violence, sexual assault, 
        and stalking;
            ``(3) building collaborations among victim service 
        providers, homeless service providers, housing providers, and 
        housing agencies to provide appropriate services, 
        interventions, and training to address the housing needs of 
        victims of domestic violence, dating violence, sexual assault, 
        and stalking; and
            ``(4) enabling public and assisted housing agencies, 
        tribally designated housing entities, private landlords, 
        property management companies, and other housing providers and 
        agencies to respond appropriately to domestic violence, dating 
        violence, sexual assault, and stalking, while maintaining a 
        safe environment for all housing residents.

``SEC. 41403. DEFINITIONS.

    ``For purposes of this subtitle--
            ``(1) the term `assisted housing' means housing assisted--
                    ``(A) under sections 213, 220, 221(d)(3), 
                221(d)(4), 223(e), 231, or 236 of the National Housing 
                Act (12 U.S.C. 1715l(d)(3), (d)(4), or 1715z-1);
                    ``(B) under section 101 of the Housing and Urban 
                Development Act of 1965 (12 U.S.C. 1701s);
                    ``(C) under section 202 of the Housing Act of 1959 
                (12 U.S.C. 1701q);
                    ``(D) under section 811 of the Cranston-Gonzales 
                National Affordable Housing Act (42 U.S.C. 8013);
                    ``(E) under title II of the Cranston-Gonzales 
                National Affordable Housing Act (42 U.S.C. 12701 et 
                seq.);
                    ``(F) under subtitle D of title VIII of the 
                Cranston-Gonzalez National Affordable Housing Act (42 
                U.S.C. 12901 et seq.);
                    ``(G) under title I of the Housing and Community 
                Development Act of 1974 (42 U.S.C. 5301 et seq.); or
                    ``(H) under section 8 of the United States Housing 
                Act of 1937 (42 U.S.C. 1437f);
            ``(2) the term `continuum of care' means a community plan 
        developed to organize and deliver housing and services to meet 
        the specific needs of people who are homeless as they move to 
        stable housing and achieve maximum self-sufficiency;
            ``(3) the term `Indian housing' means housing assistance 
        described in the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4101 et seq.);
            ``(4) the term `low-income housing assistance voucher' 
        means housing assistance described in section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f);
            ``(5) the term `public housing' means housing described in 
        section 3(b)(1) of the United States Housing Act of 1937 (42 
        U.S.C. 1437a(b)(1));
            ``(6) the term `public housing agency' means an agency 
        described in section 3(b)(6) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(6));
            ``(7) the terms `homeless', `homeless individual', and 
        `homeless person'--
                    ``(A) mean an individual who lacks a fixed, 
                regular, and adequate nighttime residence; and
                    ``(B) includes--
                            ``(i) an individual who--
                                    ``(I) is sharing the housing of 
                                other persons due to loss of housing, 
                                economic hardship, or a similar reason;
                                    ``(II) is living in a motel, hotel, 
                                trailer park, or campground due to the 
                                lack of alternative adequate 
                                accommodations;
                                    ``(III) is living in an emergency 
                                or transitional shelter;
                                    ``(IV) is abandoned in a hospital; 
                                or
                                    ``(V) is awaiting foster care 
                                placement;
                            ``(ii) an individual who has a primary 
                        nighttime residence that is a public or private 
                        place not designed for or ordinarily used as a 
                        regular sleeping accommodation for human 
                        beings; or
                            ``(iii) migratory children (as defined in 
                        section 1309 of the Elementary and Secondary 
                        Education Act of 1965; 20 U.S.C. 6399) who 
                        qualify as homeless under this section because 
                        the children are living in circumstances 
                        described in this paragraph; and
            ``(8) the term `homeless service provider' means a 
        nonprofit, nongovernmental homeless service provider, such as a 
        homeless shelter, a homeless service or advocacy program, a 
        tribal organization serving homeless individuals, or coalition 
        or other nonprofit, nongovernmental organization carrying out a 
        community-based homeless or housing program that has a 
        documented history of effective work concerning homelessness.

``SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG-TERM HOUSING FOR 
              VICTIMS.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary of Health and Human 
        Services, acting through the Administration of Children and 
        Families, in consultation with the Secretary of Housing and 
        Urban Development, shall award grants, contracts, or 
        cooperative agreements for a period of not less than 2 years to 
        eligible entities to develop long-term housing options for 
        adult and youth victims of domestic violence, dating violence, 
        sexual assault, and stalking who are currently homeless or at 
        risk for becoming homeless.
            ``(2) Amount.--The Secretary of Health and Human Services 
        shall award funds in amounts--
                    ``(A) not less than $25,000 per year; and
                    ``(B) not more than $1,000,000 per year.
    ``(b) Eligible Entities.--To be eligible to receive funds under 
this section, an entity shall demonstrate that it is a coalition or 
partnership, applying jointly, that--
            ``(1) shall include a domestic violence victim service 
        provider;
            ``(2) shall include--
                    ``(A) a homeless service provider;
                    ``(B) a nonprofit, nongovernmental community 
                housing development organization or a Department of 
                Agriculture rural housing service program; or
                    ``(C) in the absence of a homeless service provider 
                on tribal lands or nonprofit, nongovernmental community 
                housing development organization on tribal lands, a 
                tribally designated housing entity or tribal housing 
                consortium;
            ``(3) may include a dating violence, sexual assault, or 
        stalking victim service provider;
            ``(4) may include housing developers, housing corporations, 
        State housing finance agencies, other housing agencies, and 
        associations representing landlords;
            ``(5) may include a public housing agency or tribally 
        designated housing entity;
            ``(6) may include tenant organizations in public or 
        tribally designated housing, as well as nonprofit, 
        nongovernmental tenant organizations;
            ``(7) may include other nonprofit, nongovernmental 
        organizations participating in the Department of Housing and 
        Urban Development's Continuum of Care process;
            ``(8) may include a State, tribal, territorial, or local 
        government or government agency; and
            ``(9) may include any other agencies or nonprofit, 
        nongovernmental organizations with the capacity to provide 
        effective help to adult and youth victims of domestic violence, 
        dating violence, sexual assault, or stalking.
    ``(c) Application.--Each eligible entity seeking funds under this 
section shall submit an application to the Secretary of Health and 
Human Services at such time, in such manner, and containing such 
information as the Secretary of Health and Human Services may require.
    ``(d) Use of Funds.--
            ``(1) In general.--Funds awarded to eligible entities under 
        subsection (a) shall be used to design or replicate and 
        implement new activities, services, and programs to develop 
        long-term housing options for adult and youth victims of 
        domestic violence, dating violence, sexual assault, or 
        stalking, and their dependents, who are currently homeless or 
        at risk of becoming homeless.
            ``(2) Activities, services, programs.--Such activities, 
        services, or programs described in paragraph (1)--
                    ``(A) shall participate in the Department of 
                Housing and Urban Development's Continuum of Care 
                process, unless such a process does not exist in the 
                community to be served;
                    ``(B) shall develop sustainable long-term housing 
                in the community by--
                            ``(i) coordinating efforts and resources 
                        among the various groups and organizations 
                        comprised in the entity to access existing 
                        private and public funding;
                            ``(ii) assisting with the placement of 
                        individuals and families in long-term housing; 
                        and
                            ``(iii) providing services to help 
                        individuals or families find and maintain long-
                        term housing, including financial assistance 
                        and support services;
            ``(3) may develop partnerships with individuals, 
        organizations, corporations, or other entities that provide 
        capital costs for the purchase, preconstruction, construction, 
        renovation, repair, or conversion of affordable housing units;
            ``(4) may use funds for the administrative expenses related 
        to the continuing operation, upkeep, maintenance, and use of 
        housing described in paragraph (3); and
            ``(5) may provide to the community information about 
        housing and housing programs, and the process to locate and 
        obtain long-term housing.
    ``(e) Limitation.--Funds provided under paragraph (a) shall not be 
used for construction, modernization or renovation.
    ``(f) Underserved Populations and Priorities.--In awarding grants 
under this section, the Secretary of Health and Human Services shall--
            ``(1) give priority to linguistically and culturally 
        specific services;
            ``(2) give priority to applications from entities that 
        include a sexual assault service provider as described in 
        subsection (b)(3); and
            ``(3) award a minimum of 15 percent of the funds 
        appropriated under this section in any fiscal year to tribal 
        organizations.
    ``(g) Definitions.--For purposes of this section:
            ``(1) Affordable housing.--The term `affordable housing' 
        means housing that complies with the conditions set forth in 
        section 215 of the Cranston-Gonzalez National Affordable 
        Housing Act (42 U.S.C. 12745).
            ``(2) Long-term housing.--The term `long-term housing' 
        means housing that is sustainable, accessible, affordable, and 
        safe for the foreseeable future and is--
                    ``(A) rented or owned by the individual;
                    ``(B) subsidized by a voucher or other program 
                which is not time-limited and is available for as long 
                as the individual meets the eligibility requirements 
                for the voucher or program; or
                    ``(C) provided directly by a program, agency, or 
                organization and is not time-limited and is available 
                for as long as the individual meets the eligibility 
                requirements for the program, agency, or organization.
    ``(h) Evaluation, Monitoring, Administration, and Technical 
Assistance.--For purposes of this section--
            ``(1) up to 5 percent of the funds appropriated under 
        subsection (i) for each fiscal year may be used by the 
        Secretary of Health and Human Services for evaluation, 
        monitoring, and administration costs under this section; and
            ``(2) up to 8 percent of the funds appropriated under 
        subsection (i) for each fiscal year may be used to provide 
        technical assistance to grantees under this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to 
carry out the provisions of this section.

``SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND 
              ASSISTED HOUSING.

    ``(a) Purpose.--It is the purpose of this section to assist 
eligible grantees in responding appropriately to domestic violence, 
dating violence, sexual assault, and stalking so that the status of 
being a victim of such a crime is not a reason for the denial or loss 
of housing. Such assistance shall be accomplished through--
            ``(1) education and training of eligible entities;
            ``(2) development and implementation of appropriate housing 
        policies and practices;
            ``(3) enhancement of collaboration with victim service 
        providers and tenant organizations; and
            ``(4) reduction of the number of victims of such crimes who 
        are evicted or denied housing because of crimes and lease 
        violations committed or directly caused by the perpetrators of 
        such crimes.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Attorney General, acting through the 
        Director of the Violence Against Women Office of the Department 
        of Justice (`Director'), and in consultation with the Secretary 
        of Housing and Urban Development (`Secretary'), and the 
        Secretary of Health and Human Services, acting through the 
        Administration for Children, Youth and Families (`ACYF'), shall 
        award grants and contracts for not less than 2 years to 
        eligible grantees to promote the full and equal access to and 
        use of housing by adult and youth victims of domestic violence, 
        dating violence, sexual assault, and stalking.
            ``(2) Amounts.--Not less than 15 percent of the funds 
        appropriated to carry out this section shall be available for 
        grants to tribally designated housing entities.
            ``(3) Award basis.--The Attorney General shall award grants 
        and contracts under this section on a competitive basis.
            ``(4) Limitation.--Appropriated funds may only be used for 
        the purposes described in subsection (f).
    ``(c) Eligible Grantees.--
            ``(1) In General.--Eligible grantees are--
                    ``(A) public housing agencies;
                    ``(B) principally managed public housing resident 
                management corporations, as determined by the 
                Secretary;
                    ``(C) public housing projects owned by public 
                housing agencies;
                    ``(D) agencies and authorities receiving assistance 
                under the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
                    ``(E) private, for-profit, and nonprofit owners or 
                managers of assisted housing.
            ``(2) Submission required for all grantees.--To receive 
        assistance under this section, an eligible grantee shall 
        certify that--
                    ``(A) its policies and practices do not prohibit or 
                limit a resident's right to summon police or other 
                emergency assistance in response to domestic violence, 
                dating violence, sexual assault, or stalking;
                    ``(B) programs and services are developed that give 
                a preference in admission to adult and youth victims of 
                such violence, consistent with local housing needs, and 
                applicable law and the Secretary's instructions;
                    ``(C) it does not discriminate against any person--
                            ``(i) because that person is or is 
                        perceived to be, or has a family or household 
                        member who is or is perceived to be, a victim 
                        of such violence; or
                            ``(ii) because of the actions or threatened 
                        actions of the individual who the victim, as 
                        certified in subsection (e), states has 
                        committed or threatened to commit acts of such 
                        violence against the victim, or against the 
                        victim's family or household member;
                    ``(D) plans are developed that establish meaningful 
                consultation and coordination with local victim service 
                providers, tenant organizations, linguistically and 
                culturally specific service providers, State domestic 
                violence and sexual assault coalitions, and, where they 
                exist, tribal domestic violence and sexual assault 
                coalitions; and
                    ``(E) its policies and practices will be in 
                compliance with those described in this paragraph 
                within the later of 1 year or a period selected by the 
                Attorney General in consultation with the Secretary and 
                ACYF.
    ``(d) Application.--Each eligible entity seeking a grant under this 
section shall submit an application to the Attorney General at such a 
time, in such a manner, and containing such information as the Attorney 
General may require.
    ``(e) Certification.--
            ``(1) In general.--A public housing agency, tribally 
        designated housing entity, or assisted housing provider 
        receiving funds under this section may request that an 
        individual claiming relief under this section certify that the 
        individual is a victim of domestic violence, dating violence, 
        sexual assault, or stalking. The individual shall provide a 
        copy of such certification 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 
                designated 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 
        construed 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 authority 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 
                designated 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 the 
                strictest confidence by such housing authority, 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.--An individual shall be 
                notified of the limits of such confidentiality and 
                informed in advance about circumstances in which the 
                housing agency, assisted housing provider, tribally 
                designated housing entity, owner, or manager will be 
                compelled to disclose the individual's information.
    ``(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, practices, 
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 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, otherwise 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, 
        Indian housing, or assisted housing unit quickly to protect 
        their safety, including those who are seeking transfer to a new 
        public housing unit, Indian 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 to 
        comply with court orders, including civil protection orders 
        issued to protect the victim, when notified and issued to 
        address the distribution or possession 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 physical improvements;
            ``(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 2006 through 2010 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,'';
                    (B) by inserting ``, including domestic violence 
                and sexual assault victim service providers, domestic 
                violence and sexual assault coalitions, other 
                nonprofit, nongovernmental 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 organizations''; 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 
                paragraphs (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, or acquire land or buildings, 
        or rehabilitate or construct buildings for the purpose of 
        providing transitional housing to persons described in 
        subsection (a), including funding for--
                    ``(A) the predevelopment cost and capital expenses 
                involved in the development of transitional housing; 
                and
                    ``(B) the operating 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 participation of the youth, 
                adults, or their dependents in any or all of the 
                support services offered them.'' after ``assistance.'';
            (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 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) provide assurances that any supportive 
                services offered to participants in programs developed 
                under subsection (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 
                subparagraph:
                    ``(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 ``2006'';
                    (C) in paragraph (1), by striking ``2008.'' and 
                inserting ``2010'';
                    (D) in paragraph (2), by striking ``not more than 3 
                percent'' and inserting ``up to 5 percent'';
                    (E) in paragraph (2), by inserting ``evaluation, 
                monitoring, 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 racial, ethnic, or other underserved 
                        populations.''.

SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING REQUIREMENT.

    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, 
        objectives, 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''.

SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE 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) In general.--In the course of awarding grants 
                or implementing programs under this subsection, the 
                Secretary shall instruct any recipient or subgrantee 
                not to disclose to any person, agency, or entity any 
                personally identifying information about any client 
                where the Secretary, recipient, or subgrantee believes 
                based upon reasonable evidence that the client is 
                either a child or an adult victim of domestic violence, 
                dating violence, sexual assault, or stalking, and has 
                immediate safety concerns, or is the parent or guardian 
                of a child victim of domestic violence, dating 
                violence, sexual assault, or stalking, and has 
                immediate safety concerns. The Secretary shall not 
                require or ask a recipient or subgrantee of any other 
                Federal or State program to disclose personally 
                identifying information about any clients where the 
                persons, agencies, or entities implementing those 
                programs believe, based upon reasonable evidence, that 
                those clients either are child or adult victims of 
                domestic violence, dating violence, sexual assault, or 
                stalking, and has immediate safety concerns or are the 
                parents or guardians of child victims of domestic 
                violence, dating violence, sexual assault, or stalking, 
                and has immediate safety concerns. The Secretary shall 
                instruct any recipient or subgrantee under this 
                subsection or any recipient or subgrantee of any other 
                Federal or State program participating in the Homeless 
                Management Information System that personally 
                identifying information about any client may only be 
                disclosed if the program seeking to disclose such 
                information has obtained informed, reasonably time-
                limited, written consent from the client to whom the 
                information relates. The Secretary may require or ask 
                any recipient or subgrantee to share nonpersonally 
                identifying data in the aggregate regarding services to 
                clients and nonpersonally identifying demographic 
                information in order to comply with the data collection 
                requirements of the Homeless Management Information 
                System.
                    ``(B) Personally identifying information or 
                personal information.--The term `personally identifying 
                information' or `personal information' means 
                individually 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 of clauses (i) through (iv), would 
                        serve to identify any individual.''.

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)--
                    (A) in the first sentence by inserting ``; 
                miscellaneous provisions'' after ``monthly assistance 
                payments''; and
                    (B) 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 
        not an appropriate basis for denial of program assistance or 
        for denial of admission.
            ``(B) 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 shall not 
        be good cause for terminating the tenancy or occupancy 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 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) A public housing agency or an owner or manager under 
        this section 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 comply with court orders, 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 or assisted housing provider 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 
        owner or manager 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 construed to limit the 
        authority of an owner or manager to evict any tenant or lawful 
        occupant if the owner or manager 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.
            ``(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 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'';
                    (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 threatened 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 
                ``termination 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, if the tenant or immediate member of 
                the tenant's family is a victim of that domestic 
                violence, dating violence, or stalking; (II) a public 
                housing agency or an owner or manager under this 
                section 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 subclause (I) may be 
                construed to limit the authority of a public housing 
                agency, owner, or manager, when notified, to comply 
                with court orders, 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 otherwise 
                available authority of an owner or manager to evict or 
                the public housing agency or assisted housing provider 
                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 owner or 
                manager 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 or assisted housing provider to 
                terminate voucher assistance, to any tenant if the 
                owner, manager, public housing agency, or assisted 
                housing provider 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.'';
            (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 engaging in a course of 
        conduct directed at a specific person that would cause a 
        reasonable person to--
                    ``(A) fear for his or her safety or the safety of 
                others; or
                    ``(B) suffer significant emotional or physical 
                distress; and
            ``(11) the term `sexual assault' has the same meaning given 
        the term in section 40002 of the Violence Against Women Act of 
        1994.'';
            (4) in subsection (o)--
                    (A) by inserting at the end of paragraph (6)(B) the 
                following new sentence: ``That an applicant 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, and 
                that 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.'';
                    (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 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; (ii) a public 
                housing agency or an owner or manager under this 
                section 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 comply with court 
                orders, including civil protection orders issued to 
                protect the victim and issued to address the 
                distribution or possession of property among the 
                household member sin 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 or assisted housing provider 
                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 owner or 
                manager 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 construed to limit the 
                authority of an owner or manager to evict, or the 
                public housing agency or assisted housing provider to 
                terminate, voucher assistance to any tenant if the 
                owner, manager, public housing agency, or assisted 
                housing provider 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 
                terminate 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 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 termination 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 
                        subparagraphs (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) Public housing authority right to 
                        terminate assistance for imminent threat.--
                        Nothing in subparagraphs (A), (B), or (C) may 
                        be construed to limit the authority of a public 
                        housing agency to terminate assistance to any 
                        individual who has been evicted from housing 
                        assisted under the program based on a showing 
                        that he or she presented an actual and imminent 
                        threat to other tenants or to staff of the 
                        owner or public housing agency.
                            ``(iii) Compliance with court orders.--
                        Nothing in subparagraphs (A), (B), or (C) may 
                        be construed to limit the authority of a public 
                        housing agency, when notified, to comply with 
                        court orders, 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.
                    ``(iv) Public housing authority right to terminate 
                voucher assistance for acts of violence.--Nothing in 
                subparagraphs (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 owner or 
                manager 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) Public housing authority right to terminate 
                voucher assistance for imminent threat.--Nothing in 
                subparagraphs (A), (B), (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.
                    ``(vi) 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.'';
            (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 
        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, public 
                housing agency, or assisted housing provider 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 requirements set forth in the aforementioned 
                paragraphs. The individual shall provide such 
                certification within 14 business days after the owner, 
                manager, public housing agency, or assisted housing 
                provider requests such certification.
                    ``(B) Failure to provide certification.--If the 
                individual does not provide the certification within 14 
                business days after the owner, manager, public housing 
                agency, or assisted housing provider has requested such 
                certification in writing, nothing in this subsection 
                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 
                assistance for, any tenant or lawful occupant that 
                commits violations 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 
                certification requirement of subparagraph (A) by--
                            ``(i) providing the requesting owner, 
                        manager, public housing agency, 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 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 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 an owner, manager, public 
                housing agency, or assisted housing provider 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. At their discretion, the 
                owner, manager, public housing agency, or assisted 
                housing provider may provide benefits to an individual 
                based solely on the individual's statement or other 
                corroborating evidence.
                    ``(E) Compliance not sufficient to constitute 
                evidence of unreasonable act.--Compliance with this 
                statute by an owner, manager, public housing agency, or 
                assisted housing provider based on the certification 
                specified in paragraph (1)(A) and (B) of this 
                subsection or based solely on the victim's statement or 
                other corroborating evidence, as permitted by paragraph 
                (1)(C) of this subsection, shall not alone be 
                sufficient to constitute evidence of an unreasonable 
                act or omission by an owner, manger, public housing 
                agency, or assisted housing provider, or employee 
                thereof. Nothing in this subparagraph shall be 
                construed to limit liability for failure to comply with 
                the requirements of subsections (c)(9), (d)(1)(B)(ii), 
                (d)(1)(B)(iii), (o)(7)(C), (o)(7)(D), (o)(9), 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, public housing agency, or assisted 
                housing provider 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 the strictest confidence by an 
                owner, manager, public housing agency, or assisted 
                housing provider, 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; or
                            ``(ii) otherwise required by applicable 
                        law.
                    ``(B) Notification.--An individual must be notified 
                of the limits of such confidentiality and informed in 
                advance about circumstances in which the person or 
                entity will be compelled to disclose the individual's 
                information.''.

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 and that 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'';
            (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) a public housing agency under this 
        section 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; (C) nothing in subparagraph (A) may be 
        construed to limit the authority of a public housing agency, 
        when notified, to comply with court orders, 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 owner or manager 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; (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 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. The individual shall provide such 
                certification within 14 business days after the public 
                housing agency requests such certification.
                    ``(B) Failure to provide certification.--If the 
                individual does not provide the certification within 14 
                business days after the public housing agency has 
                requested such certification in writing, nothing in 
                this subsection 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 
                certification 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, 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, 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 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 physical 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 
                evidence of unreasonable act.--Compliance with this 
                statute by a public housing agency, or assisted housing 
                provider based on the certification specified in 
                subparagraphs (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 an 
                owner, manager, public housing agency, or assisted 
                housing provider, or employee thereof. Nothing in this 
                subparagraph shall 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 the strictest 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; or
                            ``(ii) otherwise required by applicable 
                        law.
                    ``(B) Notification.--An individual must be notified 
                of the limits of such confidentiality and informed in 
                advance about circumstances in which the person or 
                entity will be compelled to disclose the individual's 
                information.
            ``(3) Definitions.--For purposes of this subsection, 
        subsection (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; and
                    ``(C) the term `stalking' means engaging in a 
                course of conduct directed at a specific person that 
                would cause a reasonable person to--
                            ``(i) fear for his or her safety or the 
                        safety of others; or
                            ``(ii) suffer significant emotional 
                        distress.''.

     TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

SEC. 701. GRANT FOR NATIONAL CLEARINGHOUSE AND RESOURCE CENTER ON 
              WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND 
              SEXUAL VIOLENCE.

    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 Clearinghouse and Resource Center

``SEC. 41501. GRANT FOR NATIONAL CLEARINGHOUSE AND RESOURCE CENTER ON 
              WORKPLACE 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 
clearinghouse and resource center on workplace responses to assist 
victims of domestic and sexual violence. The clearinghouse and resource 
center shall provide information and assistance to employers, labor 
organizations, and advocates on behalf of victims of domestic or sexual 
violence, to aid in their efforts to develop and implement appropriate 
responses to such violence in order to assist those victims.
    ``(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 containing 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, and a record of commitment to 
        reducing 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), labor organizations, and 
        advocates described in subsection (a) concerning developing and 
        implementing appropriate workplace responses to assist victims 
        of domestic or sexual violence; and
            ``(3) a plan for developing materials and training for 
        materials 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 
        racial and ethnic and other underserved 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, labor 
        organizations, and advocates described in subsection (a), 
        information and assistance concerning appropriate workplace 
        responses to assist victims of domestic or sexual violence.
            ``(2) Responses.--Responses referred to in paragraph (1) 
        may include--
                    ``(A) providing training to promote a better 
                understanding of appropriate workplace assistance to 
                victims of domestic or sexual violence;
                    ``(B) providing conferences and other educational 
                opportunities;
                    ``(C) developing protocols and model workplace 
                policies;
                    ``(D) providing employer-sponsored and labor 
                organization-sponsored victim assistance and outreach 
                counseling; and
                    ``(E) conducting assessments of the workplace costs 
                of domestic or sexual violence.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2006 through 2010.
    ``(e) 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 Trafficking.--
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'';
                    (B) in subclause (III)(aa)--
                            (i) by inserting ``Federal, State, or 
                        local'' before ``investigation''; and
                            (ii) by striking ``, or'' and inserting 
                        ``or crimes substantially connected to 
                        trafficking; 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; and
                    ``(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:
            ``(iii) if the Secretary of Homeland Security 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'';
            (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; and
                    ``(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) in clause (iii), by inserting ``child abuse; 
        stalking;'' after ``false imprisonment;''.
    (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 
        General,''; 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 
                demonstrates that there was a substantial connection 
                between the alien being a victim of a severe form of 
                trafficking (as that term is defined in section 103 of 
                the Trafficking Victims Protection Act of 2000 (22 
                U.S.C. 7102)) and the alien's unlawful presence in the 
                United States.''.
    (b) Technical amendment.--Paragraphs (13) and (14) of section 
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 FOR 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''; and
                    (B) in subparagraph (A), by striking ``3 years'' 
                and inserting ``2 year'';
            (2) in paragraph (2), by striking ``Attorney General'' each 
        place it appears and inserting ``Secretary of Homeland 
        Security''; and
            (3) in paragraph (5), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''.

SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Clarification of Department of Justice and Department of 
Homeland Security Roles.--
            (1) Trafficking victims.--Section 107 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7105) is amended--
                    (A) in subsections (b)(1)(E), (e)(5), and (g), by 
                striking ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in subsection (c), by inserting ``, the 
                Secretary of Homeland Security'' after ``Attorney 
                General''.
            (2) Nonimmigrant aliens.--Section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101) is amended--
                    (A) in subsection (a)(15)(T), by striking 
                ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security; and
                    (B) in subsection (i)--
                            (i) in paragraph (1), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security, the Attorney General,''; 
                        and
                            (ii) in paragraph (2), by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security''.
            (3) Inadmissible aliens.--Section 212(d)(13) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(d)(13)) is 
        amended--
                    (A) in subparagraph (A), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'';
                    (B) in subparagraph (B)--
                            (i) by striking ``Attorney General'' each 
                        place it appears and inserting ``Secretary of 
                        Homeland Security''; and
                            (ii) by striking ``, in the Attorney 
                        General's discretion,''.
            (4) Adjustment of status for victims of trafficking.--
        Section 245(l) of the Immigration and Nationality Act (8 U.S.C. 
        1255(l)) is amended--
                    (A) in paragraphs (1), (2), and (4), by striking 
                ``Attorney General'' the first place it appears in each 
                such paragraph and inserting ``Secretary of Homeland 
                Security'';
                    (B) in paragraphs (1) and (2), by striking 
                ``Attorney General'' the second place it appears in 
                each such paragraph and inserting ``Secretary''; and
                    (C) in paragraph (2), by striking ``, in the 
                Attorney General's discretion,''.
    (b) Certification Process.--Section 107(b)(1)(E) of the Trafficking 
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 ``or the Secretary of Homeland Security, as 
                appropriate'' after ``Attorney General''; and
                    (B) in subclause (II)(bb), by inserting ``or the 
                Secretary of Homeland Security'' after ``Attorney 
                General''.
            (2) in clause (ii), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'';
            (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.''.
    (b) Trafficking Victim Regulations.--Section 107(c) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        the Secretary of Homeland Security,'' after ``Attorney 
        General''; and
            (2) in paragraph (3)--
                    (A) by striking ``Federal law enforcement 
                officials'' and inserting ``The Department of Homeland 
                Security''; and
                    (B) by adding at the end the following: ``State or 
                local law enforcement officials may petition the 
                Department of Homeland Security for the continued 
                presence for trafficking victims. If such a petition 
                contains a certification that a trafficking victim is a 
                victim of a severe form of trafficking, the presence of 
                the trafficking victim may be permitted in accordance 
                with this paragraph.''.
    (c) Protection From Removal for Certain Crime Victims.--Section 
107(e)(5) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(e)(5)) 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 Immigration 
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 a connection between the abuse 
and 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 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 TO FIANCEES WHO DO NOT MARRY WITHIN 90-DAY 
              PERIOD.

    (a) In General.--Section 214(d) of the Immigration and Nationality 
Act (8 U.S.C. 1184(d)) is amended by inserting before the period at the 
end the following: ``, unless the alien is eligible for status as a 
VAWA self-petitioner, for relief under section 240A(b)(2), or for 
relief under section 244(a)(3) (as in effect prior to March 31, 1997), 
and the alien married the United States citizen who filed the petition 
under section 101(a)(15)(K)(i)''.
    (b) Exemption for Battered Immigrant Women Who Entered the United 
States on Finance Visas From Conditional Residency Status 
Requirement.--Section 245(d) of the Immigration and Nationality Act (8 
U.S.C. 1255(d)) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
    ``(2) The failure of a nonimmigrant described in section 
101(a)(15)(K) to marry within 3 months of being admitted in such status 
does not restrict the Secretary of Homeland Security's or the Attorney 
General's authority to adjust the status of the nonimmigrant, or grant 
relief under section 240A(b)(2), or under section 244(a)(3) (as in 
effect prior to March 31, 1997), provided that--
            ``(A) the alien married the United States citizen who filed 
        the petition under section 101(a)(15)(K)(i);
            ``(B) the United States citizen petitioner subjected a VAWA 
        self-petitioner to battery or extreme cruelty; and
            ``(C) the alien shows a substantial connection between the 
        battery or extreme cruelty and the failure to marry within the 
        90-day period.''.

SEC. 813. 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 
        voluntarily 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 battering is substantially 
        connected to the alien's overstaying the grant of voluntary 
        departure.
            ``(3) Notice of penalties.--The order permitting an alien 
        to depart voluntarily shall inform the alien of the penalties 
        under this subsection.''.

SEC. 814. 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 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 
        consider 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 General 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. 815. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR 
              ADJUSTMENTS OF STATUS.

    (a) Application of VAWA Deportation Protections to Aliens Eligible 
for Relief Under Cuban Adjustment and Haitian 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));
                                    ``(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-Petitioners.--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:
    ``(l) Upon the approval of a petition as a VAWA self-petitioner, 
the alien--
            ``(i) is eligible for work authorization; and
            ``(ii) shall be provided an `employment authorized' 
        endorsement or appropriate work permit incidental to such 
        approval.''.

SEC. 816. APPLICATION FOR VAWA-RELATED RELIEF.

    (a) In General.--Section 202(d)(1) of the Nicaraguan Adjustment 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 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. 817. 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 following:
    ``(vii) An alien may file a petition with the Secretary of Homeland 
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 
        subject to extreme cruelty by the citizen daughter or son.''.

SEC. 818. VAWA CONFIDENTIALITY NON-DISCLOSURE.

    Section 384 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1367(a)) 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)--
                            (i) in subparagraph (D), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (E), by adding ``or'' 
                        at the end; and
                            (iii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) in the case of an alien applying for status 
                under section 101(a)(15)(T) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)), under 
                section 107(b)(1)(E)(i)(II)(bb) of the Trafficking 
                Victims Protection Act of 2000 (22 U.S.C. 7105), under 
                section 244(a)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1254a(a)(3)), as in effect prior to March 
                31, 1999, or as a VAWA self-petitioner (as defined in 
                section 101(a)(51) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(51)), the trafficker or 
                perpetrator,''.
            (2) in subsection (b)(2), by inserting ``or his other 
        designee'' after ``the discretion of the Attorney General.''.

                  Subtitle C--Miscellaneous Amendments

SEC. 821. DURATION OF T AND U VISAS.

    (a) T Visas.--Section 214(o) of the Immigration and Nationality Act 
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
    ``(7)(A) Except as provided in subparagraph (B), an alien who is 
issued a visa or otherwise provided nonimmigrant status under section 
101(a)(15)(T) may be granted such status for a period of not more than 
4 years.
    ``(B) An alien who is issued a visa or otherwise provided 
nonimmigrant status under section 101(a)(15)(T) may extend the period 
of such status beyond the period described in subparagraph (A) if a 
Federal, State, or local law enforcement official, prosecutor, judge, 
or other authority investigating or prosecuting activity relating to 
human trafficking or certifies that the presence of the alien in the 
United States is necessary to assist in the investigation or 
prosecution of such activity.''.
    (b) U Visas.--Section 214(p) of the Immigration and Nationality Act 
(8 U.S.C. 1184(p)) is amended by adding at the end the following:
            ``(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 shall be extended 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 presence in the 
        United States is required to assist in the investigation or 
        prosecution of such criminal activity.''.
    (c) Permitting Change of Nonimmigrant Status to T and U 
Nonimmigrant Status.--
            (1) In general.--Section 248 of the Immigration and 
        Nationality Act (8 U.S.C. 1258) is amended--
                    (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:
    ``(b) The exceptions specified in paragraphs (1) through (4) of 
subsection (a) shall not apply to a change of nonimmigrant 
classification to that of a nonimmigrant under subparagraph (T) or (U) 
of section 101(a)(15).''.
            (2) Conforming amendment.--Section 214(l)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is 
        amended by striking ``248(2)'' and inserting ``248(a)(2)''.

SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION OF SPECIAL 
              PHYSICAL PRESENCE AND GOOD MORAL CHARACTER RULES.

    (a) Physical Presence Rules.--Section 240A(b)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is amended--
            (1) in the first sentence, by striking ``(A)(i)(II)'' and 
        inserting ``(A)(ii)''; and
            (2) in the fourth sentence, by striking ``subsection 
        (b)(2)(B) of this section'' and inserting ``this subparagraph, 
        subparagraph (A)(ii),''.
    (b) Moral Character Rules.--Section 240A(b)(2)(C) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is amended by 
striking ``(A)(i)(III)'' and inserting ``(A)(iii)''.
    (c) Correction of Cross-Reference Error in Applying Good Moral 
Character.--
            (1) In general.--Section 101(f)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking 
        ``(9)(A)'' and inserting ``(10)(A)''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall be effective as if included in section 603(a)(1) of the 
        Immigration Act of 1990 (Public Law 101-649; 104 Stat. 5082).

SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER CUBAN 
              ADJUSTMENT.

    (a) In General.--The first section of Public Law 89-732 (8 U.S.C. 
1255 note) (commonly known as the Cuban Adjustment Act) is amended--
            (1) in the last sentence, by striking ``204(a)(1)(H)'' and 
        inserting ``204(a)(1)(J)''; and
            (2) by adding at the end the following: ``An alien who was 
        the spouse of any Cuban alien described in this section and has 
        resided with such spouse shall continue to be treated as such a 
        spouse for 2 years after the date on which the Cuban alien dies 
        (or, if later, 2 years after the date of enactment of Violence 
        Against Women Act of 2005), or for 2 years after the date of 
        termination of the marriage (or, if later, 2 years after the 
        date of enactment of Violence Against Women Act of 2005) if 
        there is demonstrated a connection between the termination of 
        the marriage and the battering or extreme cruelty by the Cuban 
        alien.''.
    (b) Effective Date.--The amendment made by subsection (a)(1) 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. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.

    (a) In General.--Section 902(d)(1)(B) of the Haitian Refugee 
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended--
            (1) in clause (i), by striking ``whose status is adjusted 
        to that of an alien lawfully admitted for permanent residence'' 
        and inserting ``who is or was eligible for classification'';
            (2) in clause (ii), by striking ``whose status is adjusted 
        to that of an alien lawfully admitted for permanent residence'' 
        and inserting ``who is or was eligible for classification''; 
        and
            (3) in clause (iii), by striking ``204(a)(1)(H)'' and 
        inserting ``204(a)(1)(J)''.
    (b) Effective Date.--The amendment made by subsection (a)(3) 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. 825. DEPORTATION PROCEEDINGS.

    (a) Deportation or Removal Proceedings.--
            (1) In general.--Section 240(c)(6)(C) of the Immigration 
        and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended--
                    (A) in clause (iv), by striking ``The deadline 
                specified in subsection (b)(5)(C) for filing a motion 
                to reopen does not apply--'' and inserting ``No 
                limitation on number of motions or on deadlines for 
                filing motions under other provisions of this section 
                shall apply--''; and
                    (B) by adding at the end the following:
                            ``(v) Stay of removal.--The filing of the 
                        motion described in clause (iv) shall stay the 
                        removal of the alien pending a final 
                        disposition of the motion, including the 
                        exhaustion of all appeals. Only 1 special 
                        motion under clause (iv) is permitted.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect as if included in the enactment of section 
        442(a) of the Antiterrorism and Effective Death Penalty Act of 
        1996 (Public Law 104-132; 110 Stat. 1279).
    (b) Motions To Reopen Deportation Proceedings.--Section 
1506(c)(2)(A) of the Violence Against Women Act of 2000 (division B of 
Public Law 106-386; 8 U.S.C. 1229a note) is amended--
            (1) by inserting ``on number of motions or deadlines for 
        filing motions'' after ``Notwithstanding any limitation'';
            (2) by inserting ``, deadline, or limit on number of 
        motions'' after ``there is no time limit''; and
            (3) by striking ``, and the'' and inserting ``. The filing 
        of a motion described in clauses (i) and (ii) shall stay the 
        removal of the aliens pending a final disposition of the 
        motion, including the exhaustion of all appeals. Only 1 motion 
        under clauses (i) and (ii) is permitted. The''.
    (c) Conforming Amendments.--Section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) is amended--
            (1) in paragraph (6)(A)(ii)(III), by striking 
        ``substantial''; and
            (2) in paragraph (9)(B)(iii)(IV), by striking ``who would 
        be described in paragraph (6)(A)(ii)'' and inserting ``who 
        demonstrates that the alien is described in subclauses (I) and 
        (II) of paragraph (b)(A)(ii)''.

SEC. 826. PROTECTING ABUSED JUVENILES.

    Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357), 
as amended by section 726, is further amended by adding at the end the 
following--
    ``(i) An alien described in section 101(a)(27)(J) of the 
Immigration and Nationality Act who has been battered, abused, 
neglected, or abandoned, shall not be compelled to contact the alleged 
abuser (or family member of the alleged abuser) at any stage of 
applying for special immigrant juvenile status, including after a 
request for the consent of the Secretary of Homeland Security under 
section 101(a)(27)(J)(iii)(I) of such Act.''.

SEC. 827. EXCEPTION FOR THE PROTECTION OF DOMESTIC VIOLENCE AND CRIME 
              VICTIMS.

    (a) Section 202 of the Real ID Act of 2005 (49 U.S.C. 30301 note; 
119 Stat. 312) is amended by adding at the end the following:
    ``(e) Exception for the Protection of Victims of Domestic Violence 
and Crime.--
            ``(1) Alternative valid address authorized for victim 
        protection and confidentiality.--Victims who have been 
        subjected to battery, extreme cruelty, domestic violence, 
        dating violence, sexual assault or stalking may be exempt from 
        the requirements of section 202(b)(6) and permitted to use an 
        alternate address on their driver's license or identification 
        card if the applicant--
                    ``(A) is enrolled in a State address 
                confidentiality program;
                    ``(B) has been permitted by a Federal, State, 
                tribal, territorial, or local court (as defined in 
                section 2266 of title 18, United States Code) to keep 
                the applicant's address or location confidential as 
                part of a protection order (as defined in such section 
                2266) or other injunctive relief to protect the 
                applicant from domestic violence, dating violence, 
                sexual assault, or stalking;
                    ``(C) is determined by the Center for Security and 
                Integrity of the Social Security Administration, which 
                is responsible for requests for changes of information 
                in social security accounts as of May 1, 2005, to have 
                been a victim of battery, extreme cruelty, domestic 
                violence, dating violence, sexual assault or stalking 
                under section 422.110 of title 20, Code of Federal 
                Regulations; or
                    ``(D) has received a prima facie determination or 
                an approved petition as a VAWA self-petitioner (as 
                defined in section 101(a)(51) of the Immigration and 
                Nationality Act);
                    ``(E) has received a bona fide determination or an 
                approved application under subparagraph (T) of section 
                101(a)(15);
                    ``(F) has received interim relief or an approved 
                application under subparagraph (U) of section 
                101(a)(15);
                    ``(G) has received continued presence or 
                certification under section 107 of the Victims of 
                Trafficking and Violence Protection Act of 2000 (22 
                U.S.C. 7105);
                    ``(H) meets the requirements of section 240A(b)(2) 
                of the Immigration and Nationality Act; or
                    ``(I) qualifies for relief under section 244(a)(3) 
                of such Act (as in effect on March 31, 1997).
            ``(2) Alternative address.--To meet the requirements of 
        this section, a State may issue drivers' licenses by--
                    ``(A) accepting any documentation from the entities 
                described in paragraph (1) that distinguishes the 
                alternative address as a substitute to the principal 
                residential address;
                    ``(B) printing the alternative address on the 
                applicant's driver's license or identification card; 
                and
                    ``(C) entering the alternative address into the 
                state's driver license database.
            ``(3) Filing and approval of applications.--
                    ``(A) Filing.--Victims shall file applications 
                requesting permission to use an alternative address 
                with the Center for Security and Integrity of the 
                Social Security Administration.
                    ``(B) Approval.--The Social Security Administration 
                shall issue an approval notice containing the 
                alternative address authorized.
            ``(4) Confidentiality of information.--The Secretary of 
        Health and Human Services and any other official or employee of 
        the Department of Health and Human Services, or administration 
        or bureau thereof, may not--
                    ``(A) use the information furnished by the 
                applicant pursuant to an application for alternative 
                address filed under this section for any purpose other 
                than to make a determination on the application;
                    ``(B) make any publication whereby the information 
                furnished by any particular individual can be 
                identified; or
                    ``(C) permit any person other than the sworn 
                officers and employees of the Department or 
                administration or bureau to access such information.
            ``(5) Definitions.--For the purposes of this section--
                    ``(A) the term `State address confidentiality 
                program' means any State-authorized or State-
                administered program that--
                            ``(i) allows victims of domestic violence, 
                        dating violence, sexual assault, stalking, or a 
                        severe form of trafficking to keep, obtain and 
                        use alternative addresses; or
                            ``(ii) that provides confidential record-
                        keeping regarding the addresses of such 
                        victims;
                    ``(B) the term `battering or extreme cruelty' has 
                the meanings given the term in sections 204, 216, and 
                240 of the Immigration and Nationality Act (8 U.S.C. 
                1154, 1186a, and 1229a); and
                    ``(C) the terms `domestic violence', `dating 
                violence', `sexual assault', and `stalking' have the 
                meanings given the terms in section 2008 of the 
                Violence Against Women Act.''.

SEC. 828. RULEMAKING.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General, the Secretary of Homeland Security, and the 
Secretary of State shall promulgate regulations to implement the 
provisions contained in the Battered Immigrant Women Protection Act of 
2000 (title V of Public Law 106-386), this Act, and the amendments made 
by this Act.

          Subtitle D--International Marriage Broker Regulation

SEC. 831. SHORT TITLE.

    This subtitle may be cited as the ``International Marriage Broker 
Regulation Act of 2005''.

SEC. 832. DEFINITIONS.

    In this subtitle:
     (a) Crime of Violence.--The term ``crime of violence'' has the 
meaning given such term in section 16 of title 18, United States Code.
    (b) Domestic Violence.--The term ``domestic violence'' means any 
crime of violence, or other act forming the basis for a past or 
outstanding protective order, restraining order, no-contact order, 
conviction, arrest, or police report, committed against a person by--
            (1) a current or former spouse of the person;
            (2) an individual with whom the person shares a child in 
        common;
            (3) an individual with whom the person is cohabiting or has 
        cohabited;
            (4) an individual similarly situated to a spouse of the 
        person under the domestic or family violence laws of the 
        jurisdiction in which the offense occurs; or
            (5) any other individual if the person is protected from 
        that individual's acts pursuant to a court order issued under 
        the domestic or family violence laws of the United States or 
        any State, Indian tribal government, or unit of local 
        government.
    (c) Foreign National Client.--The term ``foreign national client'' 
means an individual who is not a United States citizen, a national of 
the United States, or an alien lawfully admitted to the United States 
for permanent residence and who utilizes the services of an 
international marriage broker, and includes an alien residing in the 
United States who is in the United States as a result of utilizing the 
services of an international marriage broker.
    (d) International Marriage Broker.--
            (1) In general.--The term ``international marriage broker'' 
        means a corporation, partnership, business, individual, or 
        other legal entity, whether or not organized under any law of 
        the United States, that charges fees for providing dating, 
        matrimonial, matchmaking services, or social referrals between 
        United States clients and foreign national clients by providing 
        personal contact information or otherwise facilitating 
        communication between individuals from these respective groups.
            (2) Exceptions.--Such term does not include--
                    (A) a traditional matchmaking organization of a 
                cultural or religious nature that operates on a 
                nonprofit basis and in compliance with the laws of the 
                countries in which it operates, including the laws of 
                the United States; or
                    (B) an entity that provides dating services between 
                United States citizens or residents and other 
                individuals who may be aliens, but does not do so as 
                its principal business, and charges comparable rates to 
                all individuals it serves regardless of the gender, 
                country of citizenship, or residence of the individual.
    (e) K Nonimmigrant Visa.--The term ``K nonimmigrant visa'' means a 
nonimmigrant visa issued pursuant to clause (i) or (ii) of section 
101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(K)).
    (f) Personal Contact Information.--
            (1) In general.--The term ``personal contact information'' 
        means information or a forum that would permit individuals to 
        contact each other and includes--
                    (A) the name, telephone number, postal address, 
                electronic mail address, and voice message mailbox of 
                an individual; and
                    (B) the provision of an opportunity for an in-
                person meeting.
            (2) Exception.--Such term does not include a photograph or 
        general information about the background or interests of a 
        person.
    (g) State.--The term ``State'' includes the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam, and American Samoa.
    (h) United States Client.--The term ``United States client'' means 
a United States citizen or other individual who resides in the United 
States and who makes a payment or incurs a debt in order to utilize the 
services of an international marriage broker.

SEC. 833. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

    (a) Prohibition on Marketing Children.--An international marriage 
broker shall not provide any United States client or other person with 
the personal contact information, photograph, or general information 
about the background or interests of any individual under the age of 
18.
    (b) Limitations on Sharing Information Regarding Foreign National 
Clients.--
            (1) In general.--An international marriage broker shall not 
        provide any United States client or other person with the 
        personal contact information of any foreign national client or 
        other individual 18 years of age or older unless and until the 
        international marriage broker has--
                    (A) collected certain background information from 
                the United States client or other person to whom the 
                personal contact information would be provided, as 
                specified in subsection (c);
                    (B) provided a copy of that background information 
                to the foreign national client or other individual in 
                the primary language of that client or individual;
                    (C) provided to the foreign national client or 
                other individual in such primary language the 
                information about legal rights and resources available 
                to immigrant victims of domestic violence and other 
                crimes in the United States developed under section 
                834;
                    (D) received from the foreign national client or 
                other individual in such primary language a written 
                consent that is signed (including using an electronic 
                signature) to release such personal contact information 
                to the specific United States client or other person to 
                whom the personal contact information would be 
                provided; and
                    (E) informed the United States client or other 
                person from whom background information has been 
                collected that, after filing a petition for a K 
                nonimmigrant visa, the United States client or other 
                person will be subject to a criminal background check.
            (2) Confidentiality after order of protection or crime.--
                    (A) Nondisclosure of information regarding 
                individuals with protection orders and victims of 
                crimes.--In fulfilling its obligations under this 
                subsection, an international marriage broker shall not 
                disclose the name or location of an individual who 
                obtained a restraining or protection order as described 
                in subsection (c)(2)(A), or of any other victim of a 
                crime as described in subparagraphs (B) through (D) of 
                subsection (c)(2).
                    (B) Disclosure of information regarding united 
                states clients.--An international marriage broker shall 
                disclose the relationship of the United States client 
                or other person to an individual or victim described in 
                paragraph (A).
    (c) Obligations of International Marriage Broker With Respect to 
Mandatory Collection of Information.--
            (1) In general.--Each international marriage broker shall 
        collect the background information listed in paragraph (2) from 
        each United States client or other person to whom the personal 
        contact information of a foreign national client or any other 
        individual would be provided. The background information must 
        be in writing and signed (including using an electronic 
        signature) by the United States client or other person to whom 
        the personal contact information of a foreign national client 
        or any other individual would be provided.
            (2) Required background information.--An international 
        marriage broker shall collect from a United States client or 
        other person under paragraph (1) background information about 
        each of the following:
                    (A) Any court order restricting the client's or 
                person's physical contact or communication with or 
                behavior towards another person, including any 
                temporary or permanent civil restraining order or 
                protection order.
                    (B) Any arrest or conviction of the client or 
                person for homicide, murder, manslaughter, assault, 
                battery, domestic violence, rape, sexual assault, 
                abusive sexual contact, sexual exploitation, incest, 
                child abuse or neglect, torture, trafficking, peonage, 
                holding hostage, involuntary servitude, slave trade, 
                kidnapping, abduction, unlawful criminal restraint, 
                false imprisonment, stalking, or any similar activity 
                in violation of Federal, State or local criminal law.
                    (C) Any arrest or conviction of the client or 
                person for--
                            (i) solely or principally engaging in, or 
                        facilitating, prostitution;
                            (ii) any direct or indirect attempts to 
                        procure prostitutes or persons for the purpose 
                        of prostitution; or
                            (iii) any receipt, in whole or in part, of 
                        the proceeds of prostitution.
                    (D) Any arrest or conviction of the client or 
                person for offenses related to controlled substances or 
                alcohol.
                    (E) Marital history of the client or person, 
                including--
                            (i) whether the client or individual is 
                        currently married;
                            (ii) whether the client or person has 
                        previously been married and how many times;
                            (iii) how previous marriages of the client 
                        or person were terminated and the date of 
                        termination; and
                            (iv) whether the client or person has 
                        previously sponsored the immigration of an 
                        alien to whom the client or person was engaged 
                        or married.
                    (F) The ages of any children of the client or 
                person under the age of 18.
                    (G) All States in which the client or person has 
                resided since the age of 18.
    (d) Penalties.--
            (1) Federal civil penalty.--
                    (A) Violation.--An international marriage broker 
                that violates subsection (a), (b), or (c) is subject to 
                a civil penalty of not less than $20,000 for each such 
                violation.
                    (B) Procedures for imposition of penalty.--The 
                Secretary of Homeland Security may impose a penalty 
                under paragraph (A) only after notice and an 
                opportunity for an agency hearing on the record in 
                accordance with subchapter II of chapter 5 of title 5, 
                United States Code.
            (2) Federal criminal penalty.--An international marriage 
        broker that violates subsection (a), (b), or (c) within the 
        special maritime and territorial jurisdiction of the United 
        States shall be fined in accordance with subchapter B of 
        chapter 229 of title 18, United States Code, or imprisoned for 
        not less than 1 year and not more than 5 years, or both.
            (3) State enforcement.--In any case in which the Attorney 
        General of a State has reason to believe that an interest of 
        the residents of that State has been, or is threatened to be, 
        adversely affected by a violation of subsection (a), (b), or 
        (c) by an international marriage broker, the State, as parens 
        patriae, may bring a civil action on behalf of the residents of 
        the State in a district court of the United States with 
        appropriate jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with this section; or
                    (C) obtain damages.
            (4) Additional remedies.--The penalties and remedies under 
        this subsection are in addition to any other penalties or 
        remedies available under law.
    (e) Nonpreemption.--Nothing in this section shall preempt--
            (1) any State law that provides additional protections for 
        aliens who are utilizing the services of an international 
        marriage broker or other international matchmaking 
        organization; or
            (2) any other or further right or remedy available under 
        law to any party utilizing the services of an international 
        marriage broker or other international matchmaking 
        organization.
    (f) Repeal of Mail-Order Bride Provision.--Section 652 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1375) is hereby repealed.

SEC. 834. INFORMATION ABOUT LEGAL RIGHTS AND RESOURCES FOR IMMIGRANT 
              VICTIMS OF DOMESTIC VIOLENCE.

    (a) Development of Information Pamphlet.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of State, shall develop an 
        information pamphlet to ensure the consistency and accuracy of 
        information disseminated to--
                    (A) foreign national clients or other individuals 
                by international marriage brokers pursuant to section 
                833(b)(1)(C); and
                    (B) beneficiaries of petitions filed by United 
                States citizens for K nonimmigrant visas.
            (2) Consultation with expert organizations.--The Secretary 
        of Homeland Security, in consultation with the Secretary of 
        State, shall develop such information pamphlet by working in 
        consultation with non-profit, non-governmental immigrant victim 
        advocacy organizations.
    (b) Contents of Information Pamphlet.--The information pamphlet 
required under subsection (a) shall include information on the 
following:
            (1) The K nonimmigrant visa application process and the 
        marriage-based immigration process, including conditional 
        residence and adjustment of status.
            (2) The requirement that international marriage brokers 
        provide foreign national clients with background information 
        collected from United States clients regarding their marital 
        history and domestic violence or other violent criminal 
        history, but that such information may not be complete or 
        accurate.
            (3) The illegality of domestic violence, sexual assault, 
        and child abuse in the United States.
            (4) Information on the dynamics of domestic violence.
            (5) Domestic violence and sexual assault services in the 
        United States, including the National Domestic Violence 
        Hotline, a project of the Texas Council on Family Violence, a 
        nonprofit organization dedicated to fighting domestic violence, 
        and the National Sexual Assault Hotline, operated by the Rape, 
        Abuse and Incest National Network, and independent anti-sexual 
        assault organization.
            (6) A description of immigration relief available to an 
        immigrant victim of domestic violence, sexual assault, 
        trafficking, and other crimes under the Violence Against Women 
        Act, including the amendments made by that Act, section 
        101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(U)), and section 101(a)(15)(T) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(15)(T)).
            (7) The legal rights of immigrant victims of abuse and 
        other crimes in immigration, criminal justice, family law, and 
        other matters.
            (8) The obligations of parents to provide child support for 
        children.
            (9) The illegality of and penalties for knowingly entering 
        into marriage for the purpose of evading the immigration laws 
        of the United States.
    (c) Translation.--
            (1) Languages.--In order to best serve the language groups 
        most recruited by international marriage brokers and having the 
        greatest concentration of K nonimmigrant visa applicants, the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of State, shall translate the information pamphlet 
        developed under this section, subject to paragraph (2), into 
        the following languages:
                    (A) Arabic.
                    (B) Chinese.
                    (C) French.
                    (D) Hindi.
                    (E) Japanese.
                    (F) Korean.
                    (G) Polish.
                    (H) Portuguese.
                    (I) Russian.
                    (J) Spanish.
                    (K) Tagalog.
                    (L) Thai.
                    (M) Ukrainian.
                    (N) Vietnamese.
            (2) Modification of language.--The Secretary of Homeland 
        Security may modify the translation requirements of paragraph 
        (1) if the report submitted under section 836(b) includes 
        recommendations for such modification.
    (d) Availability and Distribution.--The information pamphlet under 
this subsection shall be made available and distributed as follows:
            (1) International marriage brokers and victim advocacy 
        organizations.--The information pamphlet shall be made 
        available to each international marriage broker and to each 
        governmental or non-governmental victim advocacy organization.
            (2) K nonimmigrant visa applicants.--
                    (A) Mailing with immigration forms.--The 
                information pamphlet shall be mailed by the National 
                Visa Center, of the Secretary of State, to each 
                applicant for a K nonimmigrant visa at the same time 
                that Form DS-3032 is mailed to such applicant. The 
                pamphlet so mailed shall be in the primary language of 
                the applicant, or in English if no translation into the 
                applicant's primary language is available.
                    (B) Posting on nvc web site.--The Secretary of 
                State shall post the content of the pamphlet on the web 
                site of the National Visa Center, as well as on the web 
                sites of all consular posts processing K nonimmigrant 
                visa applications.
                    (C) Consular interviews.--The Secretary of State 
                shall require that the pamphlet be distributed directly 
                to such applicants at all consular interviews for K 
                nonimmigrant visas. If no written translation into the 
                applicant's primary language is available, the consular 
                officer conducting the visa interview shall review the 
                pamphlet with the applicant orally in the applicant's 
                primary language, in addition to distributing the 
                pamphlet to the applicant in English.

SEC. 835. CHANGES IN PROCESSING K NONIMMIGRANT VISAS; CONSULAR 
              CONFIDENTIALITY.

    (a) K Nonimmigrant Visa Processing.--Section 214(d) of the 
Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears;
            (2) by inserting ``(1)'' before ``A visa''; and
            (3) by adding at the end the following:
    ``(2) A United States citizen may not file a petition under 
paragraph (1) if such a petition filed by that petitioner for another 
alien fiancee or fiance is pending or has been approved and is still 
valid.
    ``(3) The Secretary of Homeland Security shall provide to the 
Secretary of State the criminal background information on a petitioner 
for a visa under clause (i) or (ii) of section 101(a)(15)(K) to which 
it has access under existing authority in the course of adjudicating 
the petition.
    ``(4) Each petitioner for a visa under clause (i) or (ii) of 
section 101(a)(15)(K) shall provide, as part of the petition, in 
writing and signed under penalty of perjury, information described in 
section 833(c)(2) of the International Marriage Broker Regulation Act 
of 2005.
    ``(5) The Secretary of State shall ensure that an applicant for a 
visa under clause (i) or (ii) of section 101(a)(15)(K)--
            ``(A) shall be provided, by mail or electronically--
                    ``(i) a copy of the petition for such visa 
                submitted by the United States citizen petitioner; and
                    ``(ii) any information that is contained in the 
                background check described in paragraph (3) relating to 
                any court orders, arrests, or convictions described in 
                subparagraphs (A) through (D) of section 833(c)(2) of 
                the International Marriage Broker Regulation Act of 
                2005;
            ``(B) shall be informed that petitioner information 
        described in subparagraph (A) is based on available records and 
        may not be complete; and
            ``(C) shall be asked in the primary language of the visa 
        applicant whether an international marriage broker has 
        facilitated the relationship between the visa applicant and the 
        United States petitioner and whether that international 
        marriage broker complied with the requirements of section 833 
        of such Act.
    ``(6) The Secretary shall provide for the disclosure of information 
described in paragraph (5) to the visa applicant at the consular 
interview in the primary language of the visa applicant.
    ``(7) The fact that an alien described in clause (i) or (ii) of 
section 101(a)(15)(K) is aware of any information disclosed under 
paragraph (5) shall not be used against the alien in any determination 
of eligibility for relief under this Act or the Violence Against Women 
Act (Public Law 103-322; 108 Stat. 1902), and the amendments made by 
that Act.
    ``(8) In fulfilling the requirements of paragraph (5)(A)(ii), a 
consular officer shall not disclose the name or location of any person 
who obtained a restraining or protective order against the petitioner, 
but shall disclose the relationship of the person to the petitioner.''.
    (b) Sharing of Certain Information.--Section 222(f) of the 
Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not be 
construed to prevent the sharing of information under section 214(d) of 
such Act (8 U.S.C. 1184(d)).
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to petitions filed after the date of enactment of this Act.

SEC. 836. STUDY AND REPORT.

    (a) Study.--The Secretary of Homeland Security, through the 
Director of the Bureau of Citizenship and Immigration Services, shall 
conduct a study of the international marriage broker industry in the 
United States that--
            (1) estimates, for the years 1995 through 2005, the number 
        of international marriage brokers doing business in the United 
        States, the number of marriages resulting from the services 
        provided by such brokers, and the extent of compliance with the 
        applicable requirements of this subtitle;
            (2) assess the information gathered under this subtitle 
        from clients by international marriage brokers and from 
        petitioners by the Bureau of Citizenship and Immigration 
        Services;
            (3) examine, based on the information gathered, the extent 
        to which persons with a history of violence are using the 
        services of international marriage brokers and the extent to 
        which such persons are providing accurate information to 
        international marriage brokers in accordance with section 833;
            (4) assess the accuracy of the criminal background check at 
        identifying past instances of domestic violence; and
            (5) assess the extent to which the languages of translation 
        required under section 834(c)(1) continue to accurately reflect 
        the highest markets for recruitment by international marriage 
        brokers and the greatest concentrations of K nonimmigrant visa 
        applicants.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit a report to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives setting forth the results of 
the study conducted under subsection (a).

SEC. 837. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), section 834, 
and the amendments made by section 835, this subtitle shall take effect 
on the date which is 60 days after the date of enactment of this Act.
    (b) Additional Time Allowed for Information Pamphlet.--Section 
834(b) shall take effect on the date which is 120 days after the date 
of enactment of this Act.

                   TITLE IX--SAFETY FOR INDIAN WOMEN

SEC. 901. FINDINGS.

    Congress finds that--
            (1) 1 out of every 3 Indian (including Alaska Native) women 
        are raped in their lifetimes;
            (2) Indian women experience 7 sexual assaults per 1,000, 
        compared with 4 per 1,000 among Black Americans, 3 per 1,000 
        among Caucasians, 2 per 1,000 among Hispanic women, and 1 per 
        1,000 among Asian women;
            (3) Indian women experience the violent crime of battering 
        at a rate of 23.2 per 1,000, compared with 8 per 1,000 among 
        Caucasian women;
            (4) during the period 1979 through 1992, homicide was the 
        third leading cause of death of Indian females aged 15 to 34, 
        and 75 percent were killed by family members or acquaintances;
            (5) Indian tribes require additional criminal justice and 
        victim services resources to respond to violent assaults 
        against women; and
            (6) the unique legal relationship of the United States to 
        Indian tribes creates a Federal trust responsibility to assist 
        tribal governments in safeguarding the lives of Indian women.

SEC. 902. PURPOSES.

    The purposes of this title are--
            (1) to decrease the incidence of violent crimes against 
        Indian women;
            (2) to strengthen the capacity of Indian tribes to exercise 
        their sovereign authority to respond to violent crimes 
        committed against Indian women; and
            (3) to ensure that perpetrators of violent crimes committed 
        against Indian women are held accountable for their criminal 
        behavior.

SEC. 903. CONSULTATION.

    (a) In General.--The Attorney General shall conduct annual 
consultations with Indian tribal governments concerning the Federal 
administration of tribal funds and programs established under this Act, 
the Violence Against Women Act of 1994 (title IV of Public Law 103-322; 
108 Stat. 1902) and the Violence Against Women Act of 2000 (division B 
of Public Law 106-386; 114 Stat. 1491).
    (b) Recommendations.--During consultations under subsection (a), 
the Secretary of the Department of Health and Human Services and the 
Attorney General shall solicit recommendations from Indian tribes 
concerning--
            (1) administering tribal funds and programs;
            (2) enhancing the safety of Indian women from domestic 
        violence, dating violence, sexual assault, and stalking; and
            (3) strengthening the Federal response to such violent 
        crimes.

SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.

    (a) National Baseline Study.--
            (1) In general.--The National Institute of Justice, in 
        consultation with the Office on Violence Against Women, shall 
        conduct a national baseline study to examine violence against 
        Indian women in Indian country.
            (2) Scope.--
                    (A) In general.--The study shall examine violence 
                committed against Indian women, including--
                            (i) domestic violence;
                            (ii) dating violence;
                            (iii) sexual assault;
                            (iv) stalking; and
                            (v) murder.
                    (B) Evaluation.--The study shall evaluate the 
                effectiveness of Federal, State, tribal, and local 
                responses to the violations described in subparagraph 
                (A) committed against Indian women.
                    (C) Recommendations.--The study shall propose 
                recommendations to improve the effectiveness of 
                Federal, State, tribal, and local responses to the 
                violation described in subparagraph (A) committed 
                against Indian women.
            (3) Task force.--
                    (A) In general.--The Attorney General, acting 
                through the Director of the Office on Violence Against 
                Women, shall establish a task force to assist in the 
                development and implementation of the study under 
                paragraph (1) and guide implementation of the 
                recommendation in paragraph (2)(C).
                    (B) Members.--The Director shall appoint to the 
                task force representatives from--
                            (i) national tribal domestic violence and 
                        sexual assault nonprofit organizations;
                            (ii) tribal governments; and
                            (iii) the national tribal organizations.
            (4) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General shall submit to the 
        Committee on Indian Affairs of the Senate, the Committee on the 
        Judiciary of the Senate, and the Committee on the Judiciary of 
        the House of Representatives a report that describes the study.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 and 2007, to remain available until 
        expended.
    (b) Injury Study.--
            (1) In general.--The Secretary of Health and Human 
        Services, acting through the Indian Health Service and the 
        Centers for Disease Control and Prevention, shall conduct a 
        study to obtain a national projection of--
                    (A) the incidence of injuries and homicides 
                resulting from domestic violence, dating violence, 
                sexual assault, or stalking committed against American 
                Indian and Alaska Native women; and
                    (B) the cost of providing health care for the 
                injuries described in subparagraph (A).
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall submit to the Committee on Indian Affairs of the 
        Senate, the Committee on the Judiciary of the Senate, and the 
        Committee on the Judiciary of the House of Representatives a 
        report that describes the findings made in the study and 
        recommends health care strategies for reducing the incidence 
        and cost of the injuries described in paragraph (1).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $500,000 for each 
        of fiscal years 2006 and 2007, to remain available until 
        expended.

SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.

    (a) Access to Federal Criminal Information Databases.--Section 534 
of title 28, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Indian Law Enforcement Agencies.--The Attorney General shall 
permit Indian law enforcement agencies, in cases of domestic violence, 
dating violence, sexual assault, and stalking, to enter information 
into Federal criminal information databases and to obtain information 
from the databases.''.
    (b) Tribal Registry.--
            (1) Establishment.--The Attorney General shall contract 
        with any interested Indian tribe, tribal organization, or 
        tribal nonprofit organization to develop and maintain--
                    (A) a national tribal sex offender registry; and
                    (B) a tribal protection order registry containing 
                civil and criminal orders of protection issued by 
                Indian tribes and participating jurisdictions.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2006 through 2010, to remain available 
        until expended.

SEC. 906. SAFETY FOR INDIAN WOMEN FORMULA GRANTS PROGRAM.

    (a) Establishment of the Safety for Indian Women Grants Program.--
            (1) In general.--Of the amounts set aside for Indian tribes 
        and tribal organizations in this Act the Attorney General, 
        through the Director of the Office of Violence Against Women 
        (referred to in this section as the ``Director''), shall take 
        such set asides and combine them to establish the Safety for 
        Indian Women Formula Grants Program.
            (2) Single formula grants.--The Director shall combine the 
        monies appropriated under the Grants To Combat Violent Crimes 
        Against Women (42 U.S.C. 3796gg-1(b)(1)), Grants To Encourage 
        Arrest Policies and Enforce Protection Orders (42 U.S.C. 3796hh 
        sec. 2101(e)), Legal Assistance for Victims (42 U.S.C. 3796gg-6 
        sec. 1201(f)(2)(A)), Court Training and Improvements, Sexual 
        Assault Services Program, Safe Haven for Children Pilot Program 
        (42 U.S.C. 10420(f)), Rural Domestic Violence and Child Abuse 
        Enforcement Assistance (42 U.S.C. 1397(c)(3)), to create a 
        single formula grant program to enhance the response of Indian 
        tribal governments to address the safety of American Indian and 
        Alaska Native Women.
            (3) Administration.--Grants made under the program 
        established under this section shall be administered by the 
        Tribal Division of the Office on Violence Against Women.
    (b) Grants.--The purpose of the program authorized by this section 
is to assist Indian tribal governments to--
            (1) develop and enhance effective governmental strategies 
        to curtail violent crimes against and increase the safety of 
        Indian women consistent with tribal law and custom;
            (2) increase tribal capacity to respond to domestic 
        violence, dating violence, sexual assault, and stalking crimes 
        against Indian women;
            (3) strengthen tribal justice interventions including 
        tribal law enforcement, prosecution, courts, probation, 
        correctional facilities; and
            (4) enhance services to Indian women victimized by domestic 
        violence, dating violence, sexual assault, and stalking.

SEC. 907. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST WOMEN.

    Part T of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding at the end the 
following:

``SEC. 2007. TRIBAL DEPUTY.

    ``(a) Establishment.--There is established in the Office on 
Violence Against Women a Deputy Director for Tribal Affairs.
    ``(b) Duties.--
            ``(1) In general.--The Deputy Director shall under the 
        guidance and authority of the Director of the Office on 
        Violence Against Women--
                    ``(A) oversee and manage the administration of 
                grants to and contracts with Indian tribes, tribal 
                courts, tribal organizations, or tribal nonprofit 
                organizations;
                    ``(B) ensure that, if a grant under this Act or a 
                contract pursuant to such a grant is made to an 
                organization to perform services that benefit more than 
                1 Indian tribe, the approval of each Indian tribe to be 
                benefited shall be a prerequisite to the making of the 
                grant or letting of the contract;
                    ``(C) coordinate development of Federal policy, 
                protocols, and guidelines on matters relating to 
                violence against Indian women;
                    ``(D) advise the Director of the Office on Violence 
                Against Women concerning policies, legislation, 
                implementation of laws, and other issues relating to 
                violence against Indian women;
                    ``(E) represent the Office on Violence Against 
                Women in the annual consultations under section 903;
                    ``(F) provide technical assistance, coordination, 
                and support to other offices and bureaus in the 
                Department of Justice to develop policy and to enforce 
                Federal laws relating to violence against Indian women, 
                including through litigation of civil and criminal 
                actions relating to those laws;
                    ``(G) maintain a liaison with the judicial branches 
                of Federal, State, and tribal governments on matters 
                relating to violence against Indian women;
                    ``(H) support enforcement of tribal protection 
                orders and implementation of full faith and credit 
                educational projects and comity agreements between 
                Indian tribes and States; and
                    ``(I) ensure that adequate tribal technical 
                assistance is made available to Indian tribes, tribal 
                courts, tribal organizations, and tribal nonprofit 
                organizations for all programs relating to violence 
                against Indian women.
    ``(c) Authority.--
            ``(1) In general.--The Deputy Director shall ensure that a 
        portion of the tribal set-aside funds from any grant awarded 
        under this Act, the Violence Against Women Act of 1994 (title 
        IV of Public Law 103-322; 108 Stat. 1902), or the Violence 
        Against Women Act of 2000 (division B of Public Law 106-386; 
        114 Stat. 1491) is used to enhance the capacity of Indian 
        tribes to address the safety of Indian women.
            ``(2) Accountability.--The Deputy Director shall ensure 
        that some portion of the tribal set-aside funds from any grant 
        made under this part is used to hold offenders accountable 
        through--
                    ``(A) enhancement of the response of Indian tribes 
                to crimes of domestic violence, dating violence, sexual 
                assault, and stalking against Indian women, including 
                legal services for victims and Indian-specific offender 
                programs;
                    ``(B) development and maintenance of tribal 
                domestic violence shelters or programs for battered 
                Indian women, including sexual assault services, that 
                are based upon the unique circumstances of the Indian 
                women to be served;
                    ``(C) development of tribal educational awareness 
                programs and materials;
                    ``(D) support for customary tribal activities to 
                strengthen the intolerance of an Indian tribe to 
                violence against Indian women; and
                    ``(E) development, implementation, and maintenance 
                of tribal electronic databases for tribal protection 
                order registries.''.

SEC. 908. ENHANCED CRIMINAL LAW RESOURCES.

    (a) Firearms Possession Prohibitions.--Section 921(33)(A)(i) of 
title 18, United States Code, is amended to read: ``(i) is a 
misdemeanor under Federal, State, or Tribal law; and''.
    (b) Law Enforcement Authority.--Section 4(3) of the Indian Law 
Enforcement Reform Act (25 U.S.C. 2803(3) is amended--
            (1) in subparagraph (A), by striking ``or'';
            (2) in subparagraph (B), by striking the semicolon and 
        inserting ``, or''; and
            (3) by adding at the end the following:
                    ``(C) the offense is a misdemeanor crime of 
                domestic violence, dating violence, stalking, or 
                violation of a protection order and has, as an element, 
                the use or attempted use of physical force, or the 
                threatened use of a deadly weapon, committed by a 
                current or former spouse, parent, or guardian of the 
                victim, by a person with whom the victim shares a child 
                in common, by a person who is cohabitating with or has 
                cohabited with the victim as a spouse, parent, or 
                guardian, or by a person similarly situated to a 
                spouse, parent or guardian of the victim, and the 
                employee has reasonable grounds to believe that the 
                person to be arrested has committed, or is committing 
                the crime;''.

SEC. 909. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.

    Chapter 7 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 117. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
    ``Any person who commits a domestic assault within the special 
maritime and territorial jurisdiction of the United States or Indian 
country and who has a final conviction on at least 2 separate prior 
occasions in Federal, State, or Indian tribal court proceedings for 
offenses that would be, if subject to Federal jurisdiction--
            ``(1) any assault, sexual abuse, or serious violent felony 
        against a spouse or intimate partner; or
            ``(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than 
5 years, or both, except that if substantial bodily injury results from 
violation under this section, the offender shall be imprisoned for a 
term of not more than 10 years.''.

                      TITLE X--DNA FINGERPRINTING

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``DNA Fingerprint Act of 2005''.

SEC. 1002. USE OF OPT-OUT PROCEDURE TO REMOVE SAMPLES FROM NATIONAL DNA 
              INDEX.

    Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 
14132) is amended--
            (1) in subsection (a)(1)(C), by striking ``DNA profiles'' 
        and all that follows through ``, and'';
            (2) in subsection (d)(1), by striking subparagraph (A), and 
        inserting the following:
                    ``(A) The Director of the Federal Bureau of 
                Investigation shall promptly expunge from the index 
                described in subsection (a) the DNA analysis of a 
                person included in the index--
                            ``(i) on the basis of conviction for a 
                        qualifying Federal offense or a qualifying 
                        District of Columbia offense (as determined 
                        under sections 3 and 4 of the DNA Analysis 
                        Backlog Elimination Act of 2000 (42 U.S.C. 
                        14135a, 14135b), respectively), if the Director 
                        receives, for each conviction of the person of 
                        a qualifying offense, a certified copy of a 
                        final court order establishing that such 
                        conviction has been overturned; or
                            ``(ii) on the basis of an arrest under the 
                        authority of the United States, if the Attorney 
                        General receives, for each charge against the 
                        person on the basis of which the analysis was, 
                        or could have been, included in the index, a 
                        certified copy of a final court order 
                        establishing that such charge has been 
                        dismissed, has resulted in an acquittal, or 
                        that no charge was filed within the applicable 
                        time period.'';
            (3) in subsection (d)(2)(A)(ii), by striking ``all charges 
        for'' and all that follows, and inserting the following: ``the 
        responsible agency or official of that State receives, for each 
        charge against the person on the basis of which the analysis 
        was or could have been included in the index, a certified copy 
        of a final court order establishing that such charge has been 
        dismissed, or has resulted in an acquittal or that no charge 
        was filed within the applicable time period.''; and
            (4) by striking subsection (e).

SEC. 1003. EXPANDED USE OF CODIS GRANTS.

    Section 2(a)(1) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(a)(1)) is amended by striking ``taken from individuals 
convicted of a qualifying State offense (as determined under subsection 
(b)(3))'' and inserting ``collected under applicable legal authority''.

SEC. 1004. AUTHORIZATION TO CONDUCT DNA SAMPLE COLLECTION FROM PERSONS 
              ARRESTED OR DETAINED UNDER FEDERAL AUTHORITY.

    (a) In General.--Section 3 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135a) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``The Director'' 
                and inserting the following:
                    ``(A) The Attorney General may, as prescribed by 
                the Attorney General in regulation, collect DNA samples 
                from individuals who are arrested or from non-United 
                States persons who are detained under the authority of 
                the United States. The Attorney General may delegate 
                this function within the Department of Justice as 
                provided in section 510 of title 28, United States 
                Code, and may also authorize and direct any other 
                agency of the United States that arrests or detains 
                individuals or supervises individuals facing charges to 
                carry out any function and exercise any power of the 
                Attorney General under this section.
                    ``(B) The Director''; and
                    (B) in paragraphs (3) and (4), by striking 
                ``Director of the Bureau of Prisons'' each place it 
                appears and inserting ``Attorney General, the Director 
                of the Bureau of Prisons,''; and
            (2) in subsection (b), by striking ``Director of the Bureau 
        of Prisons'' and inserting ``Attorney General, the Director of 
        the Bureau of Prisons,''.
    (b) Conforming Amendments.--Subsections (b) and (c)(1)(A) of 
section 3142 of title 18, United States Code, are each amended by 
inserting ``and subject to the condition that the person cooperate in 
the collection of a DNA sample from the person if the collection of 
such a sample is authorized pursuant to section 3 of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135a)'' after ``period of 
release''.

SEC. 1005. TOLLING OF STATUTE OF LIMITATIONS FOR SEXUAL-ABUSE OFFENSES.

    Section 3297 of title 18, United States Code, is amended by 
striking ``except for a felony offense under chapter 109A,''.

            Passed the Senate October 4, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                S. 1197

_______________________________________________________________________

                                 AN ACT

         To reauthorize the Violence Against Women Act of 1994.