[Congressional Record Volume 151, Number 127 (Tuesday, October 4, 2005)]
[Senate]
[Pages S10998-S11055]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENCE AGAINST WOMEN ACT OF 2005
Mr. FRIST. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 205, S. 1197.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1197) to reauthorize the Violence Against Women
Act of 1994.
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on the Judiciary, with
an amendment.
(Strike the part shown in black brackets and insert the part shown in
italic.)
S. 1197
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.
[[Page S10999]]
[Sec. 102. Grants to encourage arrest and enforce protection orders
improvements.
[Sec. 103. Legal assistance for victims improvements.
[Sec. 104. Ensuring crime victim access to legal services.
[Sec. 105. The Violence Against Women Act court training and
improvements.
[Sec. 106. Full faith and credit improvements.
[Sec. 107. Privacy protections for victims of domestic violence, dating
violence, sexual violence, and stalking.
[Sec. 108. Sex offender management.
[Sec. 109. Stalker database.
[Sec. 110. Federal victim assistants reauthorization.
[Sec. 111. Grants for law enforcement training programs.
[Sec. 112. Reauthorization of the Court-Appointed Special Advocate
Program.
[Sec. 113. Preventing cyberstalking.
[Sec. 114. Criminal provision relating to stalking.
[Sec. 115. Repeat offender provision.
[Sec. 116. Prohibiting dating violence.
[Sec. 117. Prohibiting violence in special maritime and territorial
jurisdiction.
[TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
[Sec. 201. Findings.
[Sec. 202. Sexual assault services program.
[Sec. 203. Amendments to the rural domestic violence and child abuse
enforcement assistance program.
[Sec. 204. Training and services to end violence against women with
disabilities.
[Sec. 205. Training and services to end violence against women in later
life.
[Sec. 206. Strengthening the national domestic violence hotline.
[TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
[Sec. 301. Findings.
[Sec. 302. Rape prevention and education.
[Sec. 303. Services, education, protection, and justice for young
victims of violence.
[Sec. 304. Grants to reduce violence against women on campus.
[Sec. 305. Juvenile justice.
[Sec. 306. Safe havens.
[TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
[Sec. 401. Preventing violence against women and children.
[Sec. 402. Study conducted by the Centers for Disease Control and
Prevention.
[TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
[Sec. 501. Findings.
[Sec. 502. Purpose.
[Sec. 503. Training and education of health professionals in domestic
and sexual violence.
[Sec. 504. Grants to foster public health responses to domestic
violence, dating violence, sexual assault, and stalking
grants.
[Sec. 505. Research on effective interventions in the healthcare
setting.
[TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
[Sec. 601. Addressing the housing needs of victims of domestic
violence, dating violence, sexual assault, and stalking.
[Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual assault, or
stalking.
[Sec. 603. Public and Indian housing authority plans reporting
requirement.
[Sec. 604. Housing strategies.
[Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
[Sec. 606. Amendments to the low-income housing assistance voucher
program.
[Sec. 607. Amendments to the public housing program.
[TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
[Sec. 701. Emergency leave.
[Sec. 702. Grant for national clearinghouse and resource center on
workplace responses to assist victims of domestic and
sexual violence.
[TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANT WOMEN
[Subtitle A--Victims of Crime
[Sec. 801. Treatment of spouse and children of victims.
[Sec. 802. Presence of victims of a severe form of trafficking in
persons.
[Sec. 803. Adjustment of status for victims of trafficking.
[Sec. 804. Protection and assistance for victims of trafficking.
[Sec. 805. Protecting victims of child abuse.
[Sec. 806. Ensuring crime victim access to legal services.
[Subtitle B--VAWA Self-Petitioners
[Sec. 811. Definition of VAWA self-petitioner.
[Sec. 812. Application to fiancees who do not marry within 90-day
period.
[Sec. 813. Application in case of voluntary departure.
[Sec. 814. Removal proceedings.
[Sec. 815. Eliminating abusers' control over applications for
adjustments of status.
[Sec. 816. Application for VAWA-related relief.
[Sec. 817. Self-petitioning parents.
[Sec. 818. VAWA confidentiality nondisclosure.
[Subtitle C--Miscellaneous Amendments
[Sec. 821. Duration of T and U visas.
[Sec. 822. Technical correction to references in application of special
physical presence and good moral character rules.
[Sec. 823. Petitioning rights of certain former spouses under Cuban
adjustment.
[Sec. 824. Self-petitioning rights of HRIFA applicants.
[Sec. 825. Deportation proceedings.
[Sec. 826. Limitations on enforcement.
[Sec. 827. Protecting abused juveniles.
[Sec. 828. Rulemaking.
[TITLE IX--SAFETY FOR INDIAN WOMEN
[Sec. 901. Findings.
[Sec. 902. Purposes.
[Sec. 903. Consultation.
[Sec. 904. Analysis and research on violence against Indian women.
[Sec. 905. Tracking of violence against Indian women.
[Sec. 906. Tribal deputy in the Office on Violence Against Women.
[Sec. 907. Enhanced criminal law resources.
[Sec. 908. Domestic assault by an habitual offender.
[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 maltreatment.--The term `child maltreatment'
means the physical or psychological abuse or neglect of a
child or youth, including sexual assault and abuse.
[``(3) 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.
[``(4) 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 receiving grant monies.
[``(5) 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 existence of
such a relationship 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.
[``(6) 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.
[[Page S11000]]
[``(7) Elder abuse.--The term `elder abuse' means any
action against a person who is 60 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.
[``(8) Indian.--The term `Indian' means a member of an
Indian tribe.
[``(9) Indian housing.--The term `Indian housing' means
housing assistance described in the Native American
Assistance and Self-Determination Act of (25 U.S.C. 4101 et
seq., as amended).
[``(10) 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.
[``(11) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
[``(12) 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).
[``(13) 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.
[``(14) 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.
[``(15) 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.
[``(16) 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).
[``(17) 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.
[``(18) 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.
[``(19) 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.
[``(20) 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.
[``(21) 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.
[``(22) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and except as otherwise provided, Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands.
[``(23) 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)).
[``(24) 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.).
[``(25) Territorial domestic violence or sexual assault
coalition.--The term `territorial domestic violence or sexual
assault coalition' means a program addressing domestic
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.
[``(26) Tribal coalition.--The term `tribal coalition'
means--
[``(A) an established nonprofit, nongovernmental tribal
coalition addressing domestic violence and sexual assault
against American Indian and 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 and Alaskan Native women.
[``(27) 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.
[``(28) 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.
[``(29) 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.
[``(30) 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.
[``(31) 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.
[``(32) 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
women's shelters, faith-based organizations, and other
organizations, with a documented history of effective work
concerning domestic violence, dating violence, sexual
assault, or stalking.
[[Page S11001]]
[``(33) 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,
grantee 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.
[``(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;
[``(ii) grantees and subgrantees shall take steps necessary
to protect the privacy and safety of the persons affected by
the release of the information; and
[``(iii) 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.
[``(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.''.
[``(c) 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.
[``(d) Evaluation.--Federal agencies disbursing funds under
this title shall set aside up to 3 percent of such funds in
order to conduct--
[``(1) evaluations of specific programs or projects funded
by the disbursing agency under this title or related
research; or
[``(2) 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.''.
[(b) Definitions in Crime Control Act.--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 before section
2001 the following:
[``SEC. 2000. DEFINITIONS.
[``In this title the definitions in Section 40002 of the
Violence Against Women Act of 1994 shall apply.''.
[(c) Definitions in 2000 Act.--Section 1002 of the Violence
Against Women Act of 2002 (42 U.S.C. 3796-gg note) is amended
to read as follows:
[``SEC. 1002. DEFINITIONS.
[``In this division the definitions 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 linquistically and culturally specific services and
activities for underserved populations are distributed
equally 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'';
[(D) in paragraph (4), by striking ``1/54'' and inserting
``1/56'';
[(E) in paragraph (5), by striking ``and'' after the
semicolon; and
[(F) in paragraph (6), by striking the period and inserting
``; 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 services 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 and culture.''.
[(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 or Indian
tribal 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, Indian tribal government, or
unit of local government shall not be entitled to funds under
this part unless the State, Indian tribal government, 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
[[Page S11002]]
[``(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, unit
of local government, or Indian tribal government under
subsection (a) shall be distributed to other States, units of
local government, and Indian tribal governments, 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. 2012. 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 must
certify within 3 years of the date of enactment of this
section that their laws, policies, or practices 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,
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, territorial, or local policies,
procedures, and protocols, 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.
[``(11) To develop and implement policies and training for
police, prosecutors, 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, not later than 3 years after the date of
enactment of this section, that their laws, policies, or
practices 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 to offer services and assistance
to victims of domestic violence and dating violence.''.
[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)--
[(A) 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; and
[(B) in paragraph (4), by inserting ``dating violence,''
after ``domestic violence,'';
[(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,
[[Page S11003]]
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, 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, 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 minor 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 to tribes.''.
[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
victim, 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:
[[Page S11004]]
[``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, 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) tribal governments, agencies, or 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 paragraphs (3) through (7) shall
demonstrate that they have entered into a significant
partnership with a State, tribal, territorial, or local
victim service or advocacy organization 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 for programs that assist victims of domestic
violence, dating violence, stalking, and sexual assault on
lands within the jurisdiction of an Indian tribe.
[``(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--
[[Page S11005]]
[(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 harm 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 harm 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 harm 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.''.
[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 offender provision
[``The maximum term of imprisonment for a violation of this
chapter after a prior interstate domestic violence offense
(as defined in section 2261) or interstate violation of
protection order (as defined in section 2262) or interstate
stalking (as defined in sections 2261A(a) and 2261A(b)) may
be twice the term otherwise provided for the violation.''.
[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 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''.
[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 compound 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. 2013. SEXUAL ASSAULT SERVICES.
[``(a) Purposes.--The purposes of this section are--
[``(1) to assist States, 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
[[Page S11006]]
[``(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 assure 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 0.50 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.
[``(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
section 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 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 States 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 a 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 7 percent shall be used for making
grants to State, territorial, and tribal sexual assault
coalitions under subsection (d);
[``(E) not less than 7 percent shall be used for grants to
tribes under subsection (c); and
[``(F) not less than 7 percent shall be used for grants for
culturally specific programs addressing sexual assault under
subsection (c).''.
[[Page S11007]]
[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; 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 services.--Not less
than 25 percent of the total amount made available for each
fiscal year to carry out this section shall be allocated for
grants that meaningfully address sexual assault in rural
communities.
[``(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.
[``(4) Underserved populations.--In awarding grants under
this section, the Director shall give priority to 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 women and girls who are 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 women and girls;
[``(2) to conduct outreach activities to ensure that
disabled women and girls 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
women and girls;
[``(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 women
and girls;
[``(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 women and
girls;
[``(7) to provide advocacy and intervention services for
disabled women and girls 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
women and girls 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 women and girls.
[``(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
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 or sexual assault,
against victims who are 60 years of age or older;
[``(2) providing or enhancing services for victims of elder
abuse, neglect, and exploitation, including domestic and
sexual violence, who are 60 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
and sexual violence, who are 60 years of age or older;
[``(4) creating or supporting multidisciplinary
collaborative community responses to victims of elder abuse,
neglect, and exploitation, including domestic and sexual
violence, who are 60 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 domestic and sexual abuse who are 60 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;
[[Page S11008]]
[``(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 or sexual assault.''.
[(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.''; and
[(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).
[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 TEENS.
[``(a) Grants Authorized.--The Secretary of the Department
of Health and Human Services (in this section referred to as
the `Secretary'), acting through the Family and Youth
Services Bureau, in consultation with the Department of
Justice, 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
teens 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 teens and
young adults who have experienced domestic violence, dating
violence, sexual assault, or stalking;
[``(D) may include legal advocacy efforts on behalf of
minors 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 Secretary 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 Secretary 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 TEENS.
[``(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; and
[``(C) may include--
[``(i) batterer intervention programs or sex offender
treatment programs with specialized knowledge and experience
working with youth offenders;
[[Page S11009]]
[``(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; or
[``(vii) Indian Health Services, Indian Child Welfare, the
Bureau of Indian Affairs, or the Federal Bureau of
Investigations.
[``(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 minor 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 minors 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 7 percent of funds appropriated under
this section in any year shall be available for grants to
collaborations involving tribal courts, tribal coalitions,
tribal organizations, or domestic violence or sexual assault
service providers the primary purpose of which is to provide
culturally relevant services to American Indian or Alaska
Native 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 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
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;
[[Page S11010]]
[``(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, 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, 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 any nonprofit, nongovernmental
entities carrying out other victim services programs,
including sexual assault, domestic violence, and dating
violence victim services programs in the community in which
the institution is located;'';
[(4) in subsection (d)--
[(A) by striking paragraph (4);
[(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
[(C) by inserting after paragraph (1) the following:
[``(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,
grantee and subgrantees under this title shall protect the
confidentiality and privacy of persons receiving services.
[``(B) Nondisclosure.--Subject to subparagraph (C),
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.
[``(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 for law enforcement and prosecution purposes.
[``(E) 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.''; 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)--
[[Page S11011]]
[(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 5 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 Administration for Children, Youth,
and Families of 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 7 percent of such amounts 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, 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 Administration for Children, Youth,
and Families of 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
[[Page S11012]]
[``(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 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 Administration for Children, Youth,
and Families of 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 underserved populations;
[``(B) awarding 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) 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 for--
[``(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) 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) 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, 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 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 the following areas:
[(1) Evaluation and study of best practices for reducing
and preventing violence against women and children addressed
by the strategies included in this title, including
strategies addressing racial, ethnic, and other underserved
communities.
[(2) An evaluation of the efficacy and effectiveness of
interventions and policies targeting offenders and potential
offenders to prevent perpetration of sexual and domestic
violence.
[(3) An examination of the social norms and family
structure that support sexual and domestic violence and to
evaluate strategies to change them.
[(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
[[Page S11013]]
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. 399P. 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
[[Page S11014]]
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 and dating violence and childhood exposure to
domestic and dating violence; 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) 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 between 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,
Indian housing authorities, 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--
[[Page S11015]]
[``(1) the term `assisted housing' means housing assisted--
[``(A) under section 221(d)(3), section 221(d)(4), or
section 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); or
[``(C) 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 on Children,
Youth and Families (`ACYF'), and in consultation with the
Secretary of Housing and Urban Development, shall award
grants and contracts 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--
[``(A) grants for projects that do not include the cost of
construction in amounts--
[``(i) not less than $25,000 per year; and
[``(ii) not more than $350,000 per year; and
[``(B) grants for projects that do include the cost of
construction in amounts--
[``(i) not less than $75,000 per year; and
[``(ii) not more than $1,000,000 per year.
[``(b) Eligible Entities.--To be eligible to receive a
grant 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, an Indian housing
authority 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 Indian
housing authority;
[``(6) may include tenant organizations in public or Indian
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 such 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.--
[``(1) In general.--Each eligible entity seeking a grant
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.
[``(2) Contents.--Each application shall be submitted to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
[``(d) Use of Funds.--Grants and contracts awarded to
eligible entities pursuant to 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. Such
activities, services, or programs--
[``(1) 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;
[``(2) shall develop sustainable long-term housing in the
community by--
[``(A) coordinating efforts and resources among the various
groups and organizations comprised in the entity to access
existing private and public funding;
[``(B) placing individuals and families in long-term
housing; and
[``(C) providing services to help individuals or families
find and maintain long-term housing, including financial and
support assistance;
[``(3) may provide capital costs for the purchase,
preconstruction, construction, renovation, repair, or
conversion of affordable housing units;
[``(4) may use funds for 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) Underserved Populations and Priorities.--In awarding
grants under this section, the Secretary of Health and Human
Services, acting through the ACYF, 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);
[``(3) award a minimum of 15 percent of the funds
appropriated under this section in any fiscal year to tribal
organizations; and
[``(4) ensure that at least 2 of the grants awarded must
fund projects that include construction consistent with the
purposes in subsection (a)(i).
[``(f) Definitions.--For purposes of this section--
[``(1) 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; and
[``(2) 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).
[``(g) Evaluation, Monitoring, Administration, and
Technical Assistance.--For purposes of this section--
[``(1) up to 3 percent of the funds appropriated under
subsection (h) 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 (h) for each fiscal year may be used to provide
technical assistance to grantees under this section.
[``(h) 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;
[[Page S11016]]
[``(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 Indian housing authorities.
[``(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 subsections (f) and (i).
[``(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, Indian housing
authority, 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, Indian housing
authority, 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, Indian housing
authority, 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, Indian housing authority, 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, Indian housing authority,
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, Indian housing authority, 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, Indian housing authority, 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, Indian housing
authority, 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, Indian housing
authority, 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 all 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 victim
service providers, domestic violence 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;
[[Page S11017]]
[(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 AND INDIAN 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 or Indian housing
authority 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 or Indian housing
authority 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 or Indian housing
authority 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, or is
the parent or guardian of a child victim of domestic
violence, dating violence, sexual assault, or stalking. 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 or are the parents or guardians
of child victims of domestic violence, dating violence,
sexual assault, or stalking. 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 (d)--
[(A) 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 a lease held by the victim of such violence'';
and
[(B) 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, if the tenant or immediate member of the tenant's
family is a victim of domestic violence, dating violence, or
stalking and, as a result, could not control or prevent the
criminal activity; (II) nothing in subclause (I) may be
construed to limit the authority of an owner or manager
consistent with applicable State law to evict or the public
housing agency or assisted housing provider to terminate
voucher assistance to individuals who engage in criminal acts
of physical violence against family members or others; and
(III) 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 the larger
community if that tenant is not evicted or terminated from
assistance.'';
[(2) 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 2003
[[Page S11018]]
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2);
[``(9) the term `dating violence' has the same meaning
given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2); 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 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2).'';
[(3) in subsection (o)--
[(A) by inserting at the end of paragraph (6)(B) the
following new sentence: ``That an applicant is or is
perceived to be, or has been or has been perceived to be, a
victim of domestic violence, dating violence, or stalking is
not an appropriate basis for denial of program assistance by
a public housing authority.'';
[(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 a
lease held by the victim of such violence''; and
[(C) in paragraph (7)(D), by inserting after ``termination
of tenancy'' the following: ``; except that (i) criminal
activity relating directly 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, if
the tenant or immediate member of the tenant's family is a
victim of domestic violence, dating violence, or stalking
and, as a result, could not control or prevent the criminal
activity; (ii) nothing in clause (i) may be construed to
limit the authority of an owner or manager consistent with
applicable State law to evict or the public housing agency or
assisted housing provider to terminate voucher assistance to
individuals who engage in criminal acts of physical violence
against family members or others; and (iii) 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 the larger community if that tenant is not
evicted or terminated from assistance.'';
[(4) 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 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
[(5) 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 (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), and (r)(5) may request that an individual certify
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 a
copy of such certification within a reasonable period of time
after the owner, manager, public housing agency, or assisted
housing provider requests such certification.
[``(B) 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; or
[``(ii) producing a Federal, State, tribal, territorial, or
local police or court record.
[``(C) 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.
[``(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 is perceived to be, or has been or has been
perceived to be, a victim 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 a
lease held by 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,
if the tenant or immediate member of the tenant's family is a
victim of domestic violence, dating violence, or stalking
and, as a result, could not control or prevent the criminal
activity; (B) nothing in subparagraph (A) may be construed to
limit the authority of a public housing agency consistent
with applicable State law to evict, or the public housing
agency or assisted housing provider to terminate, voucher
assistance to individuals who engage in criminal acts of
physical violence against family members or others; and (C)
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 the larger community if that
tenant's tenancy is not terminated.''; 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 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 a
copy of such certification within a reasonable period of time
after the public housing agency requests such certification.
[``(B) 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; or
[``(ii) producing a Federal, State, tribal, territorial, or
local police or court record.
[``(C) 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.
[``(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.
[[Page S11019]]
[``(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 and
subsection (l) (5) and (6)--
[``(A) the term `domestic violence' has the same meaning
given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2);
[``(B) the term `dating violence' has the same meaning
given the term in section 2003 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
2); 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. EMERGENCY LEAVE.
[(a) In General.--The Violence Against Women Act of 1994
(Public Law 103-322; 108 Stat. 1902) is amended by adding
after subtitle N the following:
``Subtitle O--Assistance for Individuals Experiencing Domestic or
Sexual Violence
[``CHAPTER 1--EMERGENCY LEAVE
``[SEC. 41501. FINDINGS.
[``Congress makes the following findings:
[``(1) Violence against women is a leading cause of
physical injury to women. Such violence has a devastating
impact on women's physical and emotional health, financial
security, and ability to maintain their jobs, and thus
impacts interstate commerce.
[``(2) Studies indicate that one of the best predictors of
whether a victim of such violence will be able to stay away
from her abuser is her degree of economic independence.
However, domestic violence, dating violence, sexual assault,
and stalking (referred to in this subtitle as `domestic or
sexual violence') often negatively impact victims' ability to
maintain employment.
[``(3) The Bureau of National Affairs has estimated that
domestic violence costs United States employers between
$3,000,000,000 and $5,000,000,000 annually in lost time and
productivity. Other reports have estimated that domestic
violence costs United States employers between $5,800,000,000
and $13,000,000,000 annually.
[``(4) Ninety-four percent of corporate security and safety
directors at companies nationwide rank domestic violence as a
high security concern.
[``(5) Abusers frequently seek to exert financial control
over their partners by actively interfering with the ability
of their partners to work, including preventing their
partners from going to work, harassing their partners at
work, limiting the access of their partners to cash or
transportation, and sabotaging the child care arrangements of
their partners.
[``(6) Studies indicate that between 35 and 56 percent of
employed battered women surveyed were harassed at work by
their abusers.
[``(7) Victims of domestic violence also frequently miss
work due to injuries, court proceedings, and safety concerns
requiring legal protections. Victims of intimate partner
violence lose 8,000,000 days of paid work each year--the
equivalent of over 32,000 full-time jobs and 5,600,000 days
of household productivity.
[``(8) According to a 1998 report of the Government
Accountability Office, between 25 percent and 50 percent of
victims of domestic violence surveyed reported that the
victims lost a job due, at least in part, to domestic
violence.
[``(9) Women who have experienced domestic violence or
dating violence are more likely than other women to be
unemployed, to suffer from health problems that can affect
employability and job performance, to report lower personal
income, and to rely on welfare.
[``(10) Domestic violence also affects abusers' ability to
work. A recent study found that 48 percent of abusers
reported having difficulty concentrating at work and 42
percent reported being late to work. 78 percent reported
using their own company's resources in connection with the
abusive relationship.
[``(11) About 36,500 individuals, 80 percent of whom are
women, were raped or sexually assaulted in the workplace each
year from 1993 through 1999. Half of all female victims of
violent workplace crimes know their abusers. Nearly 1 out of
10 violent workplace incidents are committed by spouses or
other partners.
[``(12) Sexual assault, whether occurring in or out of the
workplace, can impair an employee's work performance, require
time away from work, and undermine the employee's ability to
maintain a job. Almost 50 percent of sexual assault victims
lose their jobs or are forced to quit in the aftermath of the
assaults.
[``(13) More than 35 percent of stalking victims report
losing time from work due to the stalking and 7 percent never
return to work.
[``(14) Five States provide victims of domestic or sexual
violence with leave from work to attend court proceedings, to
go to the doctor, or to take other steps to address the
violence in their lives, and several other States provide
time off to victims of crimes, which can include victims of
domestic or sexual violence, to attend court proceedings.
[``SEC. 41502. PURPOSES.
[``The purposes of this chapter are, pursuant to the
affirmative power of Congress to enact legislation under the
portions of section 8 of article I of the Constitution
relating to providing for the general welfare and to
regulation of commerce among the several States, and under
section 5 of the 14th amendment to the Constitution--
[``(1) to promote the national interest in reducing
domestic or sexual violence by enabling victims of domestic
or sexual violence to maintain the financial independence
necessary to leave abusive situations, achieve safety, and
minimize the physical and emotional injuries from domestic or
sexual violence, and to reduce the devastating economic
consequences of domestic or sexual violence to employers and
employees;
[``(2) to promote the national interest in ensuring that
victims of domestic or sexual violence can recover from and
cope with the effects of such violence, and participate in
criminal and civil justice processes, without fear of adverse
economic consequences;
[``(3) to reduce the negative impact on interstate commerce
produced by dislocations of employees and harmful effects on
productivity, employment, health care costs, and employer
costs, caused by domestic or sexual violence, including
related intentional efforts to frustrate women's ability to
participate in employment and interstate commerce; and
[``(4) to enforce the 14th amendment's guarantee of equal
protection of the laws by--
[``(A) preventing and remedying sex-based discrimination
and discrimination against victims of domestic and sexual
violence in employment leave by addressing the failure of
existing laws to protect the employment rights of women and
such victims; and
[``(B) thus furthering the equal opportunity of women for
economic self-sufficiency and employment free from
discrimination.
[``SEC. 41503. DEFINITIONS.
[``In this title, except as otherwise expressly provided:
[``(1) Commerce.--The terms `commerce' and `industry or
activity affecting commerce' have the meanings given the
terms in section 101 of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611).
[``(2) Electronic communications.--The term `electronic
communications' includes communications via telephone
(including mobile phone), computer, e-mail, video recorder,
fax machine, telex, or pager.
[``(3) Employ; state.--The terms `employ' and `State' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
[``(4) Employee.--
[``(A) In general.--The term `employee' means any person
employed by an employer. In the case of an individual
employed by a public agency, such term means an individual
employed as described in section 3(e)(2) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(e)(2)).
[``(B) Basis.--The term includes a person employed as
described in subparagraph (A)--
[``(i) on a full- or part-time basis; or
[``(ii) as a participant in a work assignment as a
condition of receipt of Federal or State income-based public
assistance.
[``(5) Employer.--The term `employer'--
[``(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 50 or
more individuals for each working day during each of the 20
or more calendar weeks in the current or preceding calendar
year; and
[``(B) includes any person acting directly or indirectly in
the interest of an employer in relation to an employee, and
includes a public agency that employs individuals as
described in section 3(e)(2) of the Fair Labor Standards Act
of 1938, but does not include any labor organization (other
than when acting as an employer) or anyone acting in the
capacity of officer or agent of such labor organization.
[``(6) Employment benefits.--The term `employment benefits'
means all benefits provided or made available to employees by
an employer (including group life insurance, health
insurance, disability insurance, sick leave, annual leave,
educational benefits, and pensions), regardless of whether
such benefits are provided or made available by a practice or
written policy of an employer or through an `employee benefit
plan', as defined in section 3(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(3)).
[``(7) Family or household member.--The term `family or
household member', used with respect to an individual, means
a nonabusive spouse, former spouse, parent, son or daughter,
or person residing or formerly residing in the same dwelling
unit as the individual.
[``(8) Parent; son or daughter.--The terms `parent' and
`son or daughter' have the meanings given the terms in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
[``(9) Person.--The term `person' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
[``(10) Public agency.--The term `public agency' has the
meaning given the term in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
[[Page S11020]]
[``(11) Public assistance.--The term `public assistance'
includes cash, food stamps, medical assistance, housing
assistance, and other benefits provided on the basis of
income by a public agency.
[``(12) Reduced leave schedule.--The term `reduced leave
schedule' means a leave schedule that reduces the usual
number of hours per workweek, or hours per workday, of an
employee.
[``(13) Secretary.--The term `Secretary' means the
Secretary of Labor.
[``SEC. 41504. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING
DOMESTIC OR SEXUAL VIOLENCE.
[``(a) Leave Requirement.--
[``(1) Basis.--An employee who is a victim of domestic or
sexual violence may take leave from work to address domestic
or sexual violence, by--
[``(A) seeking medical attention for, or recovering from,
physical or psychological injuries caused by domestic or
sexual violence to the employee or the employee's family or
household member;
[``(B) obtaining emergency housing, temporary or permanent,
or taking other actions to increase the safety of the
employee or the employee's family or household member; or
[``(C) seeking legal or law enforcement assistance or
remedies to ensure the health and safety of the employee or
the employee's family or household member, including
preparing for or participating in any civil or criminal legal
proceeding related to or derived from domestic or sexual
violence.
[``(2) Period.--An employee may take not more than 10 days
of leave, as described in paragraph (1), in any 12-month
period.
[``(3) Schedule.--Leave described in paragraph (1) may be
taken intermittently or on a reduced leave schedule.
[``(b) Notice.--The employee shall provide the employer
with reasonable notice of the employee's intention to take
the leave, unless providing such notice is not practicable.
[``(c) Certification.--
[``(1) In general.--The employer may require the employee
to provide certification to the employer, within a reasonable
period after the employer requires the certification, that--
[``(A) the employee or the employee's family or household
member is a victim of domestic or sexual violence; and
[``(B) the leave is for 1 of the purposes described in
subsection (a)(1).
[``(2) Contents.--An employee may satisfy the certification
requirement of paragraph (1) by providing to the employer--
[``(A) documentation from an employee, agent, or volunteer
of a victim service provider, an attorney, a member of the
clergy, or a medical or other professional, from whom the
employee or the employee's family or household member has
sought assistance in addressing domestic or sexual violence
and the effects of the violence;
[``(B) a police or court record; or
[``(C) other corroborating evidence.
[``(d) Confidentiality.--All information provided to the
employer pursuant to subsection (b) or (c), and the fact that
the employee has requested or obtained leave pursuant to this
section, shall be retained in the strictest confidence by the
employer, except to the extent that disclosure is--
[``(1) requested or consented to by the employee in
writing; or
[``(2) otherwise required by applicable Federal or State
law.
[``(e) Employment and Benefits.--
[``(1) Restoration to position.--
[``(A) In general.--Except as provided in paragraph (2),
any employee who takes leave under this section for the
intended purpose of the leave shall be entitled, on return
from such leave--
[``(i) to be restored by the employer to the position of
employment held by the employee when the leave commenced; or
[``(ii) to be restored to an equivalent position with
equivalent employment benefits, pay, and other terms and
conditions of employment.
[``(B) Loss of benefits.--The taking of leave under this
section shall not result in the loss of any employment
benefit accrued prior to the date on which the leave
commenced.
[``(C) Limitations.--Nothing in this subsection shall be
construed to entitle any restored employee to--
[``(i) the accrual of any seniority or employment benefits
during any period of leave; or
[``(ii) any right, benefit, or position of employment other
than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the
leave.
[``(D) Construction.--Nothing in this paragraph shall be
construed to prohibit an employer from requiring an employee
on leave under this section to report periodically to the
employer on the status and intention of the employee to
return to work.
[``(2) Exemption concerning certain highly compensated
employees.--
[``(A) Denial of restoration.--An employer may deny
restoration under paragraph (1) to any employee described in
subparagraph (B) if--
[``(i) such denial is necessary to prevent substantial and
grievous economic injury to the operations of the employer;
[``(ii) the employer notifies the employee of the intent of
the employer to deny restoration on such basis at the time
the employer determines that such injury would occur; and
[``(iii) in any case in which the leave has commenced, the
employee elects not to return to employment after receiving
such notice.
[``(B) Affected employees.--An employee referred to in
subparagraph (A) is a salaried employee who is among the
highest paid 25 percent of the employees employed by the
employer within 75 miles of the facility at which the
employee is employed.
[``(3) Maintenance of health benefits.--
[``(A) Coverage.--Except as provided in subparagraph (B),
during any period that an employee takes leave under this
section, the employer shall maintain coverage under any group
health plan (as defined in section 5000(b)(1) of the Internal
Revenue Code of 1986) for the duration of such leave at the
level and under the conditions coverage would have been
provided if the employee had continued in employment
continuously for the duration of such leave.
[``(B) Failure to return from leave.--The employer may
recover the premium that the employer paid for maintaining
coverage for the employee under such group health plan during
any period of leave under this section if--
[``(i) the employee fails to return from leave under this
section after the period of leave to which the employee is
entitled for the domestic or sexual violence involved has
expired; and
[``(ii) the employee fails to return to work for a reason
other than the continuation or recurrence of domestic or
sexual violence, that entitles the employee to leave pursuant
to this section.
[``(C) Certification.--An employer may require an employee
who claims that the employee is unable to return to work
because of a reason described in subparagraph (B)(ii) to
provide, within a reasonable period after making the claim,
certification to the employer that the employee is unable to
return to work because of that reason.
[``(D) Confidentiality.--All information provided to the
employer pursuant to subparagraph (C), and the fact that the
employee is not returning to work because of a reason
described in subparagraph (B)(ii), shall be retained in the
strictest confidence by the employer, except to the extent
that disclosure is--
[``(i) requested or consented to by the employee in
writing; or
[``(ii) otherwise required by applicable Federal or State
law.
[``(f) Prohibited Acts.--
[``(1) Interference with rights.--
[``(A) Exercise of rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of
or the attempt to exercise, any right provided under this
section.
[``(B) Employer discrimination.--It shall be unlawful for
any employer to discharge or harass any individual, or
otherwise discriminate against any individual with respect to
compensation, terms, conditions, or privileges of employment
of the individual (including retaliation in any form or
manner) because the individual--
[``(i) exercised any right provided under this section; or
[``(ii) opposed any practice made unlawful by this section.
[``(2) Interference with proceedings or inquiries.--It
shall be unlawful for any person to discharge or in any other
manner discriminate (as described in paragraph (1)(B))
against any individual because such individual--
[``(A) has filed any charge, or has instituted or caused to
be instituted any proceeding, under or related to this
section;
[``(B) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any
right provided under this section; or
[``(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided under
this section.
[``(g) Enforcement.--
[``(1) Civil action by affected individuals.--
[``(A) Liability.--Any employer that violates subsection
(f) shall be liable to any individual affected--
[``(i) for damages equal to--
[``(I) the amount of--
[``(aa) any wages, salary, employment benefits, public
assistance, or other compensation denied or lost to such
individual by reason of the violation; or
[``(bb) in a case in which wages, salary, employment
benefits, public assistance, or other compensation has not
been denied or lost to the individual, any actual monetary
losses sustained by the individual as a direct result of the
violation;
[``(II) the interest on the amount described in subclause
(I) calculated at the prevailing rate; and
[``(III) an additional amount as liquidated damages equal
to the sum of the amount described in subclause (I) and the
interest described in subclause (II), except that if an
employer that has violated subsection (f) proves to the
satisfaction of the court that the act or omission that
violated subsection (f) was in good faith and that the
employer had reasonable grounds for believing that the act or
omission was not a violation of subsection (f), such court
may, in the discretion of the court, reduce the amount of the
liability to the amount and interest determined under
subclauses (I) and (II), respectively; and
[``(ii) for such equitable relief as may be appropriate,
including employment, reinstatement, and promotion.
[[Page S11021]]
[``(B) Right of action.--An action to recover the damages
or equitable relief prescribed in subparagraph (A) may be
maintained against any employer in any Federal or State court
of competent jurisdiction by any 1 or more affected
individuals for and on behalf of--
[``(i) the individuals; or
[``(ii) the individuals and other individuals similarly
situated.
[``(C) Fees and costs.--The court in such an action shall,
in addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees,
and other costs of the action to be paid by the defendant.
[``(D) Limitations.--The right provided by subparagraph (B)
to bring an action by or on behalf of any affected individual
shall terminate--
[``(i) on the filing of a complaint by the Secretary in an
action under paragraph (4) in which restraint is sought of
any further delay in the payment of the amount described in
subparagraph (A)(i) to such individual by an employer
responsible under subparagraph (A) for the payment; or
[``(ii) on the filing of a complaint by the Secretary in an
action under paragraph (2) in which a recovery is sought of
the damages described in subparagraph (A)(i) owing to an
affected individual by an employer liable under subparagraph
(A),
[unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the Secretary.
[``(2) Action by the secretary.--
[``(A) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations
of subsection (f) in the same manner as the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206 and 207).
[``(B) Civil action.--The Secretary may bring an action in
any court of competent jurisdiction to recover the damages
described in paragraph (1)(A)(i).
[``(C) Sums recovered.--Any sums recovered by the Secretary
pursuant to subparagraph (B) shall be held in a special
deposit account and shall be paid, on order of the Secretary,
directly to each individual affected. Any such sums not paid
to such an individual because of inability to do so within a
period of 3 years shall be deposited into the Treasury of the
United States as miscellaneous receipts.
[``(3) Limitation.--
[``(A) In general.--Except as provided in subparagraph (B),
an action may be brought under this subsection not later than
2 years after the date of the last event constituting the
alleged violation for which the action is brought.
[``(B) Willful violation.--In the case of such action
brought for a willful violation of subsection (f), such
action may be brought within 3 years after the date of the
last event constituting the alleged violation for which such
action is brought.
[``(C) Commencement.--In determining when an action is
commenced by the Secretary under this subsection for the
purposes of this paragraph, it shall be considered to be
commenced on the date when the complaint is filed.
[``(4) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for
cause shown, in an action brought by the Secretary--
[``(A) to restrain violations of subsection (f), including
the restraint of any withholding of payment of wages, salary,
employment benefits, public assistance, or other
compensation, plus interest, found by the court to be due to
affected individuals; or
[``(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
[``(5) Solicitor of labor.--The Solicitor of Labor may
appear for and represent the Secretary on any litigation
brought under this subsection.
[``(6) Employer liability under other laws.--Nothing in
this section shall be construed to limit the liability of an
employer to an individual, for harm suffered relating to the
individual's experience of domestic or sexual violence,
pursuant to any other Federal or State law, including a law
providing for a legal remedy.
[``(7) Library of congress.--Notwithstanding any other
provision of this subsection, in the case of the Library of
Congress, the authority of the Secretary under this
subsection shall be exercised by the Librarian of Congress.
[``(8) Certain public agencies.--
[``(A) Agencies.--Notwithstanding any other provision of
this subsection, in the case of a public agency that employs
individuals as described in subparagraph (A) or (B) of
section 3(e)(2) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(e)(2)) (other than an entity of the legislative
branch of the Federal Government), subparagraph (B) shall
apply.
[``(B) Authority.--In the case described in subparagraph
(A), the powers, remedies, and procedures provided in title
5, United States Code, to an employing agency, provided in
chapter 12 of that title to the Merit Systems Protection
Board, or provided in that title to any person, alleging a
violation of chapter 63 of that title, shall be the powers,
remedies, and procedures this chapter provides to that
agency, that Board, or any person, respectively, alleging a
violation of subsection (f) against an employee who is such
an individual.
[``SEC. 41505. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC
OR SEXUAL VIOLENCE.
[``An employee who is entitled to take paid or unpaid leave
(including family, medical, sick, annual, personal, or
similar leave) from employment, pursuant to Federal, State,
or local law, a collective bargaining agreement, or an
employment benefits program or plan, may elect to substitute
any period of such leave for an equivalent period of leave
provided under section 41504.
[``SEC. 41506. EMERGENCY BENEFITS.
[``(a) In General.--A State may use funds provided to the
State under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) to provide nonrecurrent short-term
emergency benefits to an individual for any period of leave
the individual takes pursuant to section 41504.
[``(b) Eligibility.--In calculating the eligibility of an
individual for such emergency benefits, the State shall count
only the cash available or accessible to the individual.
[``(c) Timing.--
[``(1) Applications.--An individual seeking emergency
benefits under subsection (a) from a State shall submit an
application to the State.
[``(2) Benefits.--The State shall provide benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than 7 days after the applicant submits an
application under paragraph (1).
[``SEC. 41507. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
[``(a) More Protective Laws, Agreements, Programs, and
Plans.--Nothing in this chapter shall be construed to
supersede any provision of any Federal, State, or local law,
collective bargaining agreement, or employment benefits
program or plan that provides--
[``(1) greater leave benefits for victims of domestic or
sexual violence than the rights established under this
chapter; or
[``(2) leave benefits for a larger population of victims of
domestic or sexual violence (as defined in such law,
agreement, program, or plan) than the victims of domestic or
sexual violence covered under this chapter.
[``(b) Less Protective Laws, Agreements, Programs, and
Plans.--The rights established for victims of domestic or
sexual violence under this chapter shall not be diminished by
any State or local law, collective bargaining agreement, or
employment benefits program or plan.
[``SEC. 41508. REGULATIONS AND NOTIFICATION.
[``(a) In General.--Except as provided in subsections (b)
and (c), the Secretary shall issue regulations to carry out
this chapter. The regulations shall include regulations
requiring every employer to post and keep posted, in
conspicuous places on the premises of the employer where
notices to employees are customarily posted, a notice, to be
prepared or approved by the Secretary, summarizing the
provisions of this chapter and providing information on
procedures for filing complaints of violations. The Secretary
shall develop such a notice and provide copies of such notice
to employers upon request without charge.
[``(b) Library of Congress.--The Librarian of Congress
shall prescribe the regulations described in subsection (a)
with respect to employees of the Library of Congress.
[``(c) Certain Public Agencies.--The head of a public
agency that employs individuals as described in subparagraph
(A) or (B) of section 3(e)(2) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(e)(2)) (other than an entity of the
legislative branch of the Federal Government) shall prescribe
the regulations described in subsection (a) with respect to
those individuals.''.
[(b) Conforming Amendments.--
[(1) Social security act.--Section 404 of the Social
Security Act (42 U.S.C. 604) is amended by adding at the end
the following:
[``(l) Authority To Provide Emergency Benefits.--A State
that receives a grant under section 403 may use the grant to
provide nonrecurrent short-term emergency benefits, in
accordance with section 41506 of the Violence Against Women
Act of 1994, to individuals who take leave pursuant to
section 40404 of that Act, without regard to whether the
individuals receive assistance under the State program funded
under this part.''.
[(2) Rehabilitation act amendments of 1986.--Section
1003(a)(1) of the Rehabilitation Act Amendments of 1986 (42
U.S.C. 2000d-7(a)(1)) is amended by inserting ``chapter 1 of
subtitle O of the Violence Against Women Act of 1994,''
before ``or the provisions''.
[(c) Effective Date.--The amendments made by this section
take effect 180 days after the date of enactment of this Act.
[SEC. 702. GRANT FOR NATIONAL CLEARINGHOUSE AND RESOURCE
CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS
OF DOMESTIC AND SEXUAL VIOLENCE.
[Subtitle O of the Violence Against Women Act of 1994 (as
added by section 701) is amended by adding at the end the
following:
[``CHAPTER 2--NATIONAL CLEARINGHOUSE AND RESOURCE CENTER
[``SEC. 41511. 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 Violence Against Women Office, may award a
grant to
[[Page S11022]]
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 IMMIGRANT WOMEN
[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''; and
[(B) by amending subclause (III) to read as follows:
[``(III)(aa) complied with any reasonable request for
assistance in the Federal, State, or local investigation or
prosecution of acts of trafficking or crimes related to
trafficking; or
[``(bb) has provided credible evidence (as defined in
section 204(a)(1)(J)) that physical or psychological abuse,
injury, or trauma prohibits such alien from meeting the
requirements of item (aa); or
[``(cc) has not attained 18 years of age; and''; and
[(2) by amending clause (ii) to read as follows:
[``(ii) if accompanying, or following to join, the alien
described in clause (i)--
[``(I) in the case of an alien described in clause (i) who
is under 21 years of age, the spouse, children, unmarried
siblings under 18 years of age on the date on which such
alien applied for status under such clause, and parents of
such alien; 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;''.
[(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)--
[(A) in the matter preceding subclause (I), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security''; and
[(B) in subclause (I), by inserting ``or injury'' after
``physical or mental abuse'';
[(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
(including physical or electronic stalking);'' after ``false
imprisonment;''.
[(c) Definition of Aggravated Felony.--Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))
is amended--
[(A) in subparagraphs (F) and (G), by striking ``at least
one year'' each place it appears and inserting ``is more than
1 year'';
[(B) in subparagraph (J), by striking ``one year
imprisonment or more'' and inserting ``more than 1 year
imprisonment'';
[(C) in subparagraph (P)(ii), by striking ``at least 12
months'' and inserting ``more than 1 year''; and
[(D) in subparagraphs (R) and (S), by striking ``at least
one year'' each place it appears and inserting ``more than 1
year''.
[(d) 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 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 ``for a continuous
period of at least 3 years'';
[(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) 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 striking
``Attorney General, that the person referred to in
subparagraph (C)(ii)(II)--'' and inserting ``Attorney General
or the Secretary of Homeland Security, as appropriate, that
the person referred to in subparagraph (C)(ii)(II) has not
attained 18 years of age or--'';
[(B) in subclause (I), by striking ``investigation and
prosecution'' and inserting ``investigation or prosecution,
by the United States or a State or local government,''; and
[(C) 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.; and
[(4) by striking ``investigation and prosecution'' each
place it appears and inserting ``investigation or
prosecution''.
[(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
[[Page S11023]]
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. 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) 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;
[``(D) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
[``(E) section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act; or
[``(F) 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); and
[``(B) the United States citizen petitioner subjected a
VAWA self-petitioner to battery or extreme cruelty.''.
[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 occurred
before the alien overstayed 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) Nonapplication of Reinstatement of Removal.--
[(1) In general.--Section 241(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(5)) is amended--
[(A) by striking ``If the Attorney General'' and inserting
the following:
[``(A) In general.--If the Secretary of Homeland
Security''; and
[(B) by adding at the end the following:
[``(B) Exemption.--The provisions of subparagraph (A) shall
not apply to an alien who has been battered or subjected to
extreme cruelty or who is a crime victim whom the Attorney
General or Secretary of Homeland Security determines may be
statutorily eligible for classification under subparagraph
(T) or (U) of section 101(a)(15), for classification under
subparagraph (A)(1)(iii), (A)(1)(iv), (B)(ii), (B)(iii), or
(B)(iv) of section 204(a)(1), for classification as a VAWA
self-petitioner, or for relief under section 240A(b)(2) or
section 244(a)(3) (as in effect prior to March 31, 1997).''.
[(2) Effective date.--The amendments made by paragraph (1)
and the exemption in paragraph (2) shall apply to those
eligible relief before, on, or after the date of enactment of
this Act.
[(c) Restriction on Removal While VAWA Petition Pending.--
[(1) In general.--Section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) is amended by adding at the
end the following:
[``(f) Restriction on Removal While Petition Pending.--An
alien who is a VAWA self-petitioner, the beneficiary under
subparagraph (T) or (U) of section 101(a)(15) who meets the
requirement of section 240A(b)(2) or subparagraphs (A)
through (C) of section 216(c)(4), or who qualifies for relief
under section 244(a)(3) (as in effect on March 31, 1997)--
[``(1) shall not be removed or deported unless the petition
is denied and all opportunities for appeal of the denial have
been exhausted; and
[``(2) shall not be detained while in removal proceedings,
unless mandatory detention is required under section 236A or
236(c).''.
[(2) Waivers and exceptions.--Section 236(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
[(A) in paragraph (2) by inserting ``(A)'' before ``The
Attorney General may release an alien described in paragraph
(1) only''; and
[(B) adding at the end the following:
[``(B) The Secretary of Homeland Security or the Attorney
General may release on their own recognizance an alien
described in paragraph (1) if the Secretary or the Attorney
General determines that the alien may qualify for--
[``(i) a waiver under section 212(d)(13), 212(d)(14),
212(h), 237(a)(2)(A)(v), or 237(a)(7); or
[[Page S11024]]
[``(ii) an exception under section 204(a)(1)(C); or
[``(iii) relief under section 240A(a).''.
[(d) 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) shall 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) An alien who is in the United States and has a
petition, pending or approved as a VAWA self-petitioner, that
sets forth a prima facie case for status or classification
under such clause shall be eligible for employment
authorization.''.
[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
continued 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
[[Page S11025]]
[(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. LIMITATIONS ON ENFORCEMENT.
[Section 287 of the Immigration and Nationality Act (8
U.S.C. 1357) is amended by adding at the end the following:
[``(h) Immigration officers and employees shall not
undertake any civil immigration enforcement action--
[``(1) at a domestic violence shelter, a victims services
organization or program, a rape crisis center, a family
justice center, or a supervised visitation center; or
[``(2) at, or in connection with the appearance at, a
courthouse of an alien who is appearing in connection with a
protection order case, child custody case, or other civil or
criminal case relating to domestic violence, sexual assault,
trafficking, or stalking in which the alien has been battered
or subject to extreme cruelty or who is described in
subparagraph (T) or (U) of section 101(a)(15).''.
[SEC. 827. 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. 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.
[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 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) representatives from 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
[[Page S11026]]
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
Injury Control Division of 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 for 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. 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 to 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. 907. 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 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. 908. 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.''.]
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.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Findings.
[[Page S11027]]
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 and Indian housing authority plans reporting
requirement.
Sec. 604. Housing strategies.
Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
Sec. 606. Amendments to the low-income housing assistance voucher
program.
Sec. 607. Amendments to the public housing program.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. Emergency leave.
Sec. 702. Grant for national clearinghouse and resource center on
workplace responses to assist victims of domestic and
sexual violence.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANT WOMEN
Subtitle A--Victims of Crime
Sec. 801. Treatment of spouse and children of victims.
Sec. 802. Presence of victims of a severe form of trafficking in
persons.
Sec. 803. Adjustment of status for victims of trafficking.
Sec. 804. Protection and assistance for victims of trafficking.
Sec. 805. Protecting victims of child abuse.
Subtitle B--VAWA Self-Petitioners
Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application to fiancees who do not marry within 90-day
period.
Sec. 813. Application in case of voluntary departure.
Sec. 814. Removal proceedings.
Sec. 815. Eliminating abusers' control over applications for
adjustments of status.
Sec. 816. Application for VAWA-related relief.
Sec. 817. Self-petitioning parents.
Sec. 818. VAWA confidentiality nondisclosure.
Subtitle C--Miscellaneous Amendments
Sec. 821. Duration of T and U visas.
Sec. 822. Technical correction to references in application of special
physical presence and good moral character rules.
Sec. 823. Petitioning rights of certain former spouses under Cuban
adjustment.
Sec. 824. Self-petitioning rights of HRIFA applicants.
Sec. 825. Deportation proceedings.
Sec. 826. Limitations on enforcement.
Sec. 827. Protecting abused juveniles.
Sec. 828. Rulemaking.
Subtitle D--International Marriage Broker Regulation
Sec. 831. Short title.
Sec. 832. Definitions.
Sec. 833. Regulation of international marriage brokers.
Sec. 834. Information about legal rights and resources for immigrant
victims of domestic violence.
Sec. 835. Changes in processing K nonimmigrant visas; consular
confidentiality.
Sec. 836. Study and report.
Sec. 837. Effective date.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Findings.
Sec. 902. Purposes.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Tracking of violence against Indian women.
Sec. 906. Tribal deputy in the Office on Violence Against Women.
Sec. 907. Enhanced criminal law resources.
Sec. 908. Domestic assault by an habitual offender.
TITLE X--DNA FINGERPRINTING
Sec. 1001. Short title.
Sec. 1002. Use of opt-out procedure to remove samples from national DNA
index.
Sec. 1003. Expanded use of CODIS grants.
Sec. 1004. Authorization to conduct DNA sample collection from persons
arrested or detained under Federal authority.
Sec. 1005. Tolling of statute of limitations for sexual-abuse offenses.
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 60 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 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).
``(11) 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
[[Page S11028]]
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.
``(12) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
``(13) 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).
``(14) 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.
``(15) 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.
``(16) 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.
``(17) 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).
``(18) 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.
``(19) 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.
``(20) 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.
``(21) 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.
``(22) 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.
``(23) 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.
``(24) 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)).
``(25) 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.).
``(26) 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.
``(27) 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.
``(28) 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.
``(29) 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.
``(30) 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.
``(31) 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.
``(32) 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.
``(33) 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.
``(34) 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--
[[Page S11029]]
``(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, Indian tribal government, or
unit of local government shall not be entitled to funds under
this part unless the State, Indian tribal government, 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, unit of
local government, or Indian tribal government under
subsection (a) shall be distributed to other States, units of
local government, and Indian tribal governments, 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
[[Page S11030]]
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;
[[Page S11031]]
``(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
[[Page S11032]]
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 2231(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.
[[Page S11033]]
``(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
[[Page S11034]]
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
[[Page S11035]]
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
[[Page S11036]]
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 Services, Indian Child Welfare, 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;
[[Page S11037]]
``(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
[[Page S11038]]
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
[[Page S11039]]
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
[[Page S11040]]
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
[[Page S11041]]
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
[[Page S11042]]
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, in consultation with the Secretary of Housing and
Urban Development, shall award grants and contracts 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--
``(A) grants for projects that do not include the cost of
construction in amounts--
``(i) not less than $25,000 per year; and
``(ii) not more than $350,000 per year; and
``(B) grants for projects that do include the cost of
construction in amounts--
``(i) not less than $75,000 per year; and
``(ii) not more than $1,000,000 per year.
``(b) Eligible Entities.--To be eligible to receive a grant
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 such 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.--
``(1) In general.--Each eligible entity seeking a grant
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.
``(2) Contents.--Each application shall be submitted to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Use of Funds.--Grants and contracts awarded to
eligible entities pursuant to 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. Such
activities, services, or programs--
``(1) 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;
``(2) shall develop sustainable long-term housing in the
community by--
``(A) coordinating efforts and resources among the various
groups and organizations comprised in the entity to access
existing private and public funding;
``(B) placing individuals and families in long-term
housing; and
``(C) providing services to help individuals or families
find and maintain long-term housing, including financial
assistance and support services;
``(3) may provide capital costs for the purchase,
preconstruction, construction, renovation, repair, or
conversion of affordable housing units;
``(4) may use funds for 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) 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.
``(f) Definitions.--For purposes of this section--
``(1) 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; and
``(2) 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).
``(g) Evaluation, Monitoring, Administration, and Technical
Assistance.--For purposes of this section--
``(1) up to 3 percent of the funds appropriated under
subsection (h) 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 (h) for each fiscal year may be used to provide
technical assistance to grantees under this section.
``(h) 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.
[[Page S11043]]
``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;
[[Page S11044]]
(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
[[Page S11045]]
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
[[Page S11046]]
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)
[[Page S11047]]
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 IMMIGRANT WOMEN
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 related
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 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
not reasonable.
(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)--
(A) in the matter preceding subclause (I), by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security''; and
(B) in subclause (I), by inserting ``or injury'' after
``physical or mental abuse'';
(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
(including physical or electronic 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 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 ``1 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--
[[Page S11048]]
(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 striking
``Attorney General, that the person referred to in
subparagraph (C)(ii)(II)--'' and inserting ``Attorney General
or the Secretary of Homeland Security, as appropriate, that
the person referred to in subparagraph (C)(ii)(II)--
``(I) has not attained 18 years of age; or--'';
(B) in subclause (I)--
(i) by striking ``(I)'' and inserting ``(II)''; and
(ii) by striking ``investigation and prosecution'' and
inserting ``investigation or prosecution, by the United
States or a State or local government,''; and
(C) in subclause (II)--
(i) by striking ``(II)'' and inserting ``(III)''; and
(ii) in item (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.; and
(4) by striking ``investigation and prosecution'' each
place it appears and inserting ``investigation or
prosecution''.
(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 Fiancee 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 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 occurred
before the alien overstayed the grant of voluntary departure.
[[Page S11049]]
``(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) Restriction on Removal While VAWA Petition Pending.--
(1) In general.--Section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) is amended by adding at the
end the following:
``(f) Restriction on Removal While Petition Pending.--An
alien who is a VAWA self-petitioner, the beneficiary under
subparagraph (T) or (U) of section 101(a)(15) who meets the
requirement of section 240A(b)(2) or subparagraphs (A)
through (C) of section 216(c)(4), or who qualifies for relief
under section 244(a)(3) (as in effect on March 31, 1997)--
``(1) shall not be removed or deported until the Bureau of
Immigration and Customs Enforcement has consulted with the
Bureau of Citizenship and Immigration Services to determine
whether the alien is entitled to any form of relief; and
``(2) shall not be detained while in removal proceedings,
unless mandatory detention is required under section 236A or
236(c).''.
(2) Waivers and exceptions.--Section 236(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(A) in paragraph (2) by inserting ``(A)'' before ``The
Attorney General may release an alien described in paragraph
(1) only''; and
(B) adding at the end the following:
``(B) The Secretary of Homeland Security or the Attorney
General may release on their own recognizance an alien
described in paragraph (1) if the Secretary or the Attorney
General determines that the alien may qualify for--
``(i) a waiver under section 212(d)(13), 212(d)(14),
212(h), 237(a)(2)(A)(v), or 237(a)(7); or
``(ii) an exception under section 204(a)(1)(C); or
``(iii) relief under section 240A(a).''.
(d) 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 appopriate 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.''.
[[Page S11050]]
(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,
[[Page S11051]]
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
[[Page S11052]]
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.
[[Page S11053]]
(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 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) representatives from 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 for 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;
[[Page S11054]]
``(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 to 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 ``, provided'' and
all that follows through ``System'';
(2) 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 resulted in an acquittal.''; and
(3) 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 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,''.
Mr. REID. Mr. President, I am pleased that the Senate is passing the
Violence Against Women Act of 2005, VAWA. This act is the backbone of
our country's fight against domestic violence and sexual assault, and
its passage could not be more timely, as October is Domestic Violence
Awareness Month.
Sadly, domestic violence remains one the most common violent crimes
in the United States. In fact, the American Psychological Association
estimates that one in three women will experience a physical assault by
an intimate partner during adulthood. While Congress has taken steps to
curb domestic violence, significant progress must still be made to
ensure that women and children are safe in their homes.
I am from one of the fastest growing States in the Nation, and
Nevada's rapid growth poses a unique set of challenges in dealing with
the increasing levels of domestic and family violence; however,
progress is being made. According to the Violence Policy Center, Nevada
ranks second in the Nation for the number of murders of women by men.
Almost all of these women knew the perpetrator, and in most cases, it
was a husband or boyfriend. In 2004, domestic service providers in
Nevada aided more than 25,000 primary victims of domestic violence.
These services were made possible because of legislation such as VAWA.
Originally enacted in 1994, VAWA was the beginning of a national
commitment to the victims of domestic violence and sexual assault. We
continued the commitment in 2000 with the first reauthorization of VAWA
which added much needed provisions for victims of rape, violence on
college campuses, elder abuse, stalking, legal assistance in civil
cases, and transitional housing for victims. I am pleased that the 2005
reauthorization of VAWA will address the needs of immigrants, Native
Americans, children, and youth. Since the act's original passage, our
commitment has yielded extraordinary progress nationwide. Domestic
violence has dropped by almost 50 percent. Incidents of rape are down
by 60 percent. The number of women killed by an abusive husband or
boyfriend is down by 22 percent, and more than half of all rape victims
are stepping forward to report the crime. Additionally, over a million
women have found justice in our courtrooms and obtained domestic
violence protective orders.
I must, however, make clear my dismay at the last-minute inclusion of
a controversial and ill-advised amendment to this legislation allowing
for the collection of DNA evidence from
[[Page S11055]]
people who are arrested or detained. I believe authorizing the
collection of DNA evidence without probable cause is an invitation to
racial profiling, infringes on privacy rights, and may well be
unconstitutional. This provision has no place in this important
legislation, and I would urge in the strongest terms that it be removed
in conference.
Despite the incredible strides made to end domestic violence, there
is still much work to be done. We cannot lose sight of the horror which
so many victims experience every day, but which rarely appears on
network news. Domestic Violence Awareness Month is an opportunity to
raise that awareness. It is especially important to recognize the
tragedy that is domestic violence in the aftermath of Hurricanes
Katrina and Rita. Many domestic violence shelters and rape crisis
centers in the gulf coast region were destroyed by these storms. For
this reason, I worked to obtain an additional $9 million in the
Senate's Justice Department appropriations bill. It is my hope that
these funds will be included in conference and will not only rebuild
the damaged facilities but will aid the coalitions that work every day
to end domestic and sexual violence and will prove our commitment to
their cause.
This legislation addresses the housing crisis that currently exists
for victims fleeing their homes, provides more economic stability for
victims by taking measures to improve their employment, and creates
initiatives to educate and prevent domestic violence from occurring in
the first place. The Senate's unanimous passage today of VAWA 2005
demonstrates the Senate's commitment to this important quest.
Mr. BIDEN. Mr. President, because the Violence Against Women Act
authorization expires today, it is necessary that we pass legislation
to reauthorize this bill immediately. As a result, the Senate does not
have an opportunity to debate and vote on all the amendments that
Senators may wish to offer to this bill.
One such amendment that the Senator from Oklahoma, Dr. Coburn, had
intended to offer would address the issue of HIV and sexual assault and
seek greater testing for HIV disease among sexual assault defendants.
I would ask the Senator from Oklahoma, who is a practicing physician,
to comment on the merits of this proposal and why it is so important.
Mr. COBURN. Mr. President, I thank Senator Biden and all those who
have worked hard on this bill. I have a few comments on my amendment
about protecting victims of rape and sexual assault from being further
victimized by HIV/AIDS.
As a practicing physician, I am deeply concerned about both the
physical and emotional well-being of those who have been traumatized by
rape and sexual assault. That is why I believe that it is necessary for
the reauthorization of the Violence Against Women Act to include timely
HIV tests of those accused of rape and sexual assault.
There are countless stories of women and children who have been
victims of rape and sexual assault who have been denied access to this
potentially life-saving information. In some circumstances, rape
defendants have even used HIV status information as a plea bargaining
tool to reduce their sentences.
Let me explain why this is important.
Treatment with AIDS drugs immediately following exposure to HIV can
significantly reduce the chance of infection. However, because of the
toxicity and long-term side effects, these drugs should not be
administered without first knowing if HIV exposure has occurred.
Victims cannot rely solely on testing themselves because it can take
weeks, sometimes months, before HIV antibodies can be detected,
Therefore, testing the assailant is the only timely manner in which to
determine if someone has been exposed to HIV.
The American Medical Association, AMA, supports this policy because
``early knowledge that a defendant is HIV infected would allow the
victim to gain access to the ever growing arsenal of new HIV treatment
options. In addition, knowing that the defendant was HIV infected would
help the victim avoid contact which might put others at risk of
infection.''
In addition to the AMA, groups such as the Children's AIDS Fund and
Women Against Violence support this policy.
The Omnibus Crime Control Act of 1994 already allows victims to
request a court order to have alleged perpetrators tested for HIV only
in Federal assault cases. In October 2000, the House of Representatives
overwhelmingly approved a bill, 380 to 19, that would have provided
this right and protection to all those who were the victims of sexual
assault, but, unfortunately, the Senate never took up this bill. But
now is our chance.
It would be a cruel hoax if the Senate approved the Violence Against
Women Act of 2005 without including this amendment that ensures those
women who have already been victimized by sexual assault are not
further victimized by our legal system and HIV/AIDS.
I propose an amendment that would reduce the overall amount of
funding under this act for a State or local government by 10 percent
unless the State or local government demonstrates that with respect to
a defendant against whom an information or indictment is presented for
a crime in which by force or threat of force the perpetrator compels
the victim to engage in sexual activity, that the defendant be tested
for HIV disease if the nature of the alleged crime is such that the
sexual activity would have placed the victim at risk of becoming
infected with HIV; and the victim requests that the defendant be so
tested. The defendant must undergo the test not later than 48 hours
after the date on which the information or indictment is presented, and
that as soon thereafter as is practicable the results of the test are
made available to the victim.
My initiative would not force States to provide this protection, but
simply reward those States that do. This right, in fact, already exists
in some States but too many women and children are still denied this
information that could literally be the difference between life and
death.
Do I understand from the Senator from Delaware that constitutional
language, ensuring that indicted perpetrators of sexual assault, who
have placed the victim at risk of becoming infected with HIV disease,
are tested for HIV disease, will be included in the final legislative
language agreed upon by the House and Senate conference?
Mr. BIDEN. Yes, that is correct.
Mr. COBURN. I thank the Senator for his commitment to include
language in the final reauthorization and for his commitment to reduce
violence and protect those who are the victims of sexual assault.
I would also like to recognize the tireless efforts of Deidre Raver
of New York who was raped at the age of 19 and has been an effective
and compassionate advocate for other survivors of sexual assault.
Earlier this month, DNA evidence linked a man on death row in
California to the 1988 murder of Deidre's sister, Rachel. My thoughts
and prayers are with Deidre and her family at this time and I am
hopeful that this discovery will finally bring some closure to her
family's long ordeal.
Mr. FRIST. Mr. President, I ask unanimous consent that the amendment
at the desk be agreed to, the committee-reported substitute, as
amended, be agreed to, the bill, as amended, be read a third time and
passed, the motion to reconsider be laid upon the table, and that any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2045) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 1197), as amended, was read the third time and passed,
as follows:
(The bill will be printed in a future edition of the Record).
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