[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 22173-22233]
[From the U.S. 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

[[Page 22174]]

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.
[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

[[Page 22175]]

     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.
       [``(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

[[Page 22176]]

     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.
       [``(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:

[[Page 22177]]

       [``(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
       [``(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'';

[[Page 22178]]

       [(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, 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:

[[Page 22179]]

       [``(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:

 [``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

[[Page 22180]]

     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 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.

[[Page 22181]]

       [(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
       [``(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;

[[Page 22182]]

       [``(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).''.

     [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,

[[Page 22183]]

     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;
       [``(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;

[[Page 22184]]

       [``(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;
       [``(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--

[[Page 22185]]

       [``(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;
       [``(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);

[[Page 22186]]

       [(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)--
       [(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;

[[Page 22187]]

       [``(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
       [``(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--

[[Page 22188]]

       [``(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 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

[[Page 22189]]

     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 
     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:

[[Page 22190]]



[``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--
       [``(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

[[Page 22191]]

     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;
       [``(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

[[Page 22192]]

     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;
       [(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

[[Page 22193]]

       [(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 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

[[Page 22194]]

       [(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.
       [``(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.''.

[[Page 22195]]



    [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).
       [``(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.--

[[Page 22196]]

       [``(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.
       [``(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--

[[Page 22197]]

       [``(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

[[Page 22198]]

     Against Women Office, 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''; 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)--

[[Page 22199]]

       [(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. 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

[[Page 22200]]

       [``(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) 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

[[Page 22201]]

       [(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. 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;

[[Page 22202]]

       [(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 
     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

[[Page 22203]]

     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.
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.

[[Page 22204]]

       ``(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 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

[[Page 22205]]

     (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--
       ``(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

[[Page 22206]]

     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 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,

[[Page 22207]]

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

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

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

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

     ``SEC. 41001. SHORT TITLE.

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

     ``SEC. 41002. PURPOSE.

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

     ``SEC. 41003. GRANT REQUIREMENTS.

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

     ``SEC. 41004. NATIONAL EDUCATION CURRICULA.

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

     ``SEC. 41005. TRIBAL CURRICULA.

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

     ``SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.

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

[[Page 22208]]

       (2) in clauses (i) and (ii) of paragraph (7)(A), by 
     striking ``2261A, a spouse or former spouse of the abuser, a 
     person who shares a child in common with the abuser, and a 
     person who cohabits or has cohabited as a spouse with the 
     abuser'' and inserting ``2261A--

       ``(I) a spouse or former spouse of the abuser, a person who 
     shares a child in common with the abuser, and a person who 
     cohabits or has cohabited as a spouse with the abuser; or
       ``(II) a person who is or has been in a social relationship 
     of a romantic or intimate nature with the abuser, as 
     determined by the length of the relationship, the type of 
     relationship, and the frequency of interaction between the 
     persons involved in the relationship''.

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

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

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

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

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

     ``SEC. 41102. PURPOSE AREAS.

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

     ``SEC. 41103. ELIGIBLE ENTITIES.

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

     ``SEC. 41104. GRANT CONDITIONS.

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

     ``SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 108. SEX OFFENDER MANAGEMENT.

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

     SEC. 109. STALKER DATABASE.

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

     SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.

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

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

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

     SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.

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

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

       (a) Findings.--Section 215 of the Victims of Child Abuse 
     Act of 1990 (42 U.S.C. 13011) is amended by striking 
     paragraphs (1) and (2) and inserting the following:
       ``(1) Court Appointed Special Advocates, who may serve as 
     guardians ad litem, are trained volunteers appointed by 
     courts to advocate for the best interests of children who are 
     involved in the juvenile and family court system due to abuse 
     or neglect;
       ``(2) the National Court Appointed Special Advocate 
     Association maintains a system of accountability, including 
     standards, quality assurance, training, and technical 
     assistance for a network of 70,000 volunteers in more than 
     850 programs operating in 49 States, the District of 
     Columbia, and the Virgin Islands; and
       ``(3) in 2003, Court Appointed Special Advocate volunteers 
     represented 288,000 children, more than 50 percent of the 
     estimated 540,000 children in foster care because of 
     substantiated cases of child abuse or neglect.''.
       (b) Implementation Date.--Section 216 of the Victims of 
     Child Abuse Act of 1990 (42 U.S.C. 13012) is amended by 
     striking ``January 1, 1995'' and inserting ``January 1, 
     2010''.
       (c) Clarification of Program Goals.--Section 217 of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13013) is 
     amended--
       (1) in subsection (a), by striking ``to expand'' and 
     inserting ``to initiate, sustain, and expand'';
       (2) subsection (b)--
       (A) in paragraph (1), by striking ``to initiate or expand'' 
     and inserting ``to initiate, sustain, and expand''; and
       (B) in paragraph (2), by--
       (i) striking ``(1)(a)'' and inserting ``(1)(A)''; and
       (ii) striking ``to initiate and to expand'' and inserting 
     ``to initiate, sustain, and expand''; and
       (3) by adding at the end the following:

[[Page 22209]]

       ``(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.
       ``(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

[[Page 22210]]

     papers and threats to deport spouses and children as powerful 
     tools to prevent battered immigrant women from seeking help, 
     trapping battered immigrant women in violent homes because of 
     fear of deportation.
       (12) Battered immigrant women who attempt to flee abusive 
     relationships may not have access to bilingual shelters or 
     bilingual professionals, and face restrictions on public or 
     financial assistance. They may also lack assistance of a 
     certified interpreter in court, when reporting complaints to 
     the police or a 9-1-1 operator, or even in acquiring 
     information about their rights and the legal system.
       (13) More than 500 men and women call the National Domestic 
     Violence Hotline every day to get immediate, informed, and 
     confidential assistance to help deal with family violence.
       (14) The National Domestic Violence Hotline service is 
     available, toll-free, 24 hours a day and 7 days a week, with 
     bilingual staff, access to translators in 150 languages, and 
     a TTY line for the hearing-impaired.
       (15) With access to over 5,000 shelters and service 
     providers across the United States, Puerto Rico, and the 
     United States Virgin Islands, the National Domestic Violence 
     Hotline provides crisis intervention and immediately connects 
     callers with sources of help in their local community.
       (16) Approximately 60 percent of the callers indicate that 
     calling the Hotline is their first attempt to address a 
     domestic violence situation and that they have not called the 
     police or any other support services.
       (17) Between 2000 and 2003, there was a 27 percent increase 
     in call volume at the National Domestic Violence Hotline.
       (18) Improving technology infrastructure at the National 
     Domestic Violence Hotline and training advocates, volunteers, 
     and other staff on upgraded technology will drastically 
     increase the Hotline's ability to answer more calls quickly 
     and effectively.

     SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.

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

     ``SEC. 2014. SEXUAL ASSAULT SERVICES.

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

[[Page 22211]]

       ``(A) not less than 10 percent of the funds shall be 
     available for grants to tribal sexual assault coalitions;
       ``(B) the remaining funds shall be available for grants to 
     State and territorial coalitions, and the Attorney General 
     shall allocate an amount equal to \1/56\ of the amounts so 
     appropriated to each of those State and territorial 
     coalitions.
       ``(4) Application.--Each eligible entity desiring a grant 
     under this subsection shall submit an application to the 
     Attorney General at such time, in such manner, and containing 
     such information as the Attorney General determines to be 
     essential to carry out the purposes of this section.
       ``(5) First-time applicants.--No entity shall be prohibited 
     from submitting an application under this subsection during 
     any fiscal year for which funds are available under this 
     subsection because such entity has not previously applied or 
     received funding under this subsection.
       ``(e) Grants to Tribes.--
       ``(1) Grants authorized.--The Attorney General may award 
     grants to Indian tribes, tribal organizations, and nonprofit 
     tribal organizations for the operation of sexual assault 
     programs or projects in Indian country and Alaskan Native 
     villages to support the establishment, maintenance, and 
     expansion of programs and projects to assist those victimized 
     by sexual assault.
       ``(2) Allocation and use of funds.--
       ``(A) Administrative costs.--Not more than 5 percent of the 
     grant funds received by an Indian tribe, tribal organization, 
     and nonprofit tribal organization under this subsection for 
     any fiscal year may be used for administrative costs.
       ``(B) Grant funds.--Any funds received under this 
     subsection that are not used for administrative costs shall 
     be used to provide grants to tribal organizations and 
     nonprofit tribal organizations for programs and activities 
     within Indian country and Alaskan native villages that 
     provide direct intervention and related assistance.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of the fiscal years 2006 through 2010 to 
     carry out the provisions of this section.
       ``(2) Allocations.--Of the total amounts appropriated for 
     each fiscal year to carry out this section--
       ``(A) not more than 2.5 percent shall be used by the 
     Attorney General for evaluation, monitoring, and other 
     administrative costs under this section;
       ``(B) not more than 2.5 percent shall be used for the 
     provision of technical assistance to grantees and subgrantees 
     under this section;
       ``(C) not less than 65 percent shall be used for grants to 
     States and territories under subsection (b);
       ``(D) not less than 10 percent shall be used for making 
     grants to State, territorial, and tribal sexual assault 
     coalitions under subsection (d);
       ``(E) not less than 10 percent shall be used for grants to 
     tribes under subsection (e); and
       ``(F) not less than 10 percent shall be used for grants for 
     culturally specific programs addressing sexual assault under 
     subsection (c).''.

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

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

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

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

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

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

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

       ``(a) In General.--The Attorney General, in consultation 
     with the Secretary of Health and Human Services, may award 
     grants to eligible entities--
       ``(1) to provide training, consultation, and information on 
     domestic violence, dating violence, stalking, and sexual 
     assault against individuals with disabilities (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)); and
       ``(2) to enhance direct services to such individuals.
       ``(b) Use of Funds.--Grants awarded under this section 
     shall be used--
       ``(1) to provide personnel, training, technical assistance, 
     advocacy, intervention, risk reduction and prevention of 
     domestic violence, dating violence, stalking, and sexual 
     assault against disabled individuals;
       ``(2) to conduct outreach activities to ensure that 
     disabled individuals who are victims of domestic violence, 
     dating violence, stalking, or sexual assault receive 
     appropriate assistance;
       ``(3) to conduct cross-training for victim service 
     organizations, governmental agencies, courts, law 
     enforcement, and nonprofit, nongovernmental organizations 
     serving individuals with disabilities about risk reduction, 
     intervention, prevention and the nature of domestic violence, 
     dating violence, stalking, and sexual assault for disabled 
     individuals;
       ``(4) to provide technical assistance to assist with 
     modifications to existing policies, protocols, and procedures 
     to ensure equal access to the services, programs, and 
     activities of victim service organizations for disabled 
     individuals;
       ``(5) to provide training and technical assistance on the 
     requirements of shelters and victim services organizations 
     under Federal antidiscrimination laws, including--
       ``(A) the Americans with Disabilities Act of 1990; and
       ``(B) section 504 of the Rehabilitation Act of 1973;

[[Page 22212]]

       ``(6) to rehabilitate facilities, purchase equipment, and 
     provide personnel so that shelters and victim service 
     organizations can accommodate the needs of disabled 
     individuals;
       ``(7) to provide advocacy and intervention services for 
     disabled individuals who are victims of domestic violence, 
     dating violence, stalking, or sexual assault; or
       ``(8) to develop model programs providing advocacy and 
     intervention services within organizations serving disabled 
     individuals who are victims of domestic violence, dating 
     violence, sexual assault, or stalking.
       ``(c) Eligible Entities.--
       ``(1) In general.--An entity shall be eligible to receive a 
     grant under this section if the entity is--
       ``(A) a State;
       ``(B) a unit of local government;
       ``(C) an Indian tribal government or tribal organization; 
     or
       ``(D) a nonprofit and nongovernmental victim services 
     organization, such as a State domestic violence or sexual 
     assault coalition or a nonprofit, nongovernmental 
     organization serving disabled individuals.
       ``(2) Limitation.--A grant awarded for the purpose 
     described in subsection (b)(8) shall only be awarded to an 
     eligible agency (as defined in section 410 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 796f-5).
       ``(d) Underserved Populations.--In awarding grants under 
     this section, the Director shall ensure that the needs of 
     racial and ethnic and other underserved populations are being 
     addressed.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 for each of the 
     fiscal years 2006 through 2010 to carry out this section.''.

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

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

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

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

     SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE 
                   HOTLINE.

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

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

     SEC. 301. FINDINGS.

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

     SEC. 302. RAPE PREVENTION AND EDUCATION.

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

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

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

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

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

       ``(a) Grants Authorized.--The Attorney General, in 
     consultation with the Department of Health and Human 
     Services, shall award grants to eligible entities to conduct 
     programs to serve victims of domestic violence, dating 
     violence, sexual assault, and stalking who are between the 
     ages of 12 and 24. Amounts appropriated under this section 
     may only be used for programs and activities described under 
     subsection (c).
       ``(b) Eligible Grantees.--To be eligible to receive a grant 
     under this section, an entity shall be--
       ``(1) a nonprofit, nongovernmental entity, the primary 
     purpose of which is to provide services to teen and young 
     adult victims of domestic violence, dating violence, sexual 
     assault, or stalking;
       ``(2) a community-based organization specializing in 
     intervention or violence prevention services for youth;
       ``(3) an Indian Tribe or tribal organization providing 
     services primarily to tribal youth or tribal victims of 
     domestic violence, dating violence, sexual assault or 
     stalking; or
       ``(4) a nonprofit, nongovernmental entity providing 
     services for runaway or homeless youth affected by domestic 
     or sexual abuse.
       ``(c) Use of Funds.--
       ``(1) In general.--An entity that receives a grant under 
     this section shall use amounts provided under the grant to 
     design or replicate, and implement, programs and services, 
     using domestic violence, dating violence, sexual assault, and 
     stalking intervention models to respond to the needs of youth 
     who are victims of domestic violence, dating violence, sexual 
     assault or stalking.
       ``(2) Types of programs.--Such a program--
       ``(A) shall provide direct counseling and advocacy for 
     youth and young adults, who have experienced domestic 
     violence, dating violence, sexual assault or stalking;

[[Page 22213]]

       ``(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;
       ``(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

[[Page 22214]]

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

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

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

     SEC. 305. JUVENILE JUSTICE.

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

     SEC. 306. SAFE HAVENS.

       Section 1301 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (42 U.S.C. 10420) is amended--

[[Page 22215]]

       (1) by striking the section heading and inserting the 
     following:

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

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

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

     SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.

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

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

     ``SEC. 41301. FINDINGS.

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

     ``SEC. 41302. PURPOSE.

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

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

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

     ``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR 
                   HOME VISITATION PROJECTS.

       ``(a) Grants Authorized.--
       ``(1) In general.--The Attorney General, acting through the 
     Director of the Office on Violence Against Women, and in 
     collaboration with the Department of Health and Human 
     Services, shall award grants on a competitive basis to home 
     visitation programs, in collaboration with victim service 
     providers, for the purposes of developing and implementing 
     model policies and procedures to train home visitation 
     service providers on addressing domestic violence, dating 
     violence, sexual assault, and stalking in families 
     experiencing violence, or at risk of violence, to reduce the 
     impact of that violence on children, maintain safety, improve 
     parenting skills, and break intergenerational cycles of 
     violence.
       ``(2) Term.--The Director shall make the grants under this 
     section for a period of 2 fiscal years.
       ``(3) Award basis.--The Director shall--
       ``(A) consider the needs of underserved populations;
       ``(B) award not less than 7 percent of such amounts for the 
     funding of tribal projects from the amounts made available 
     under this section for a fiscal year; and
       ``(C) award up to 8 percent for the funding of technical 
     assistance programs from the amounts made available under 
     this section for a fiscal year.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $7,000,000 for 
     each of fiscal years 2006 through 2010.

[[Page 22216]]

       ``(c) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be a national, Federal, 
     State, local, territorial, or tribal--
       ``(1) home visitation program that provides services to 
     pregnant women and to young children and their parent or 
     primary caregiver that are provided in the permanent or 
     temporary residence or in other familiar surroundings of the 
     individual or family receiving such services; or
       ``(2) victim services organization or agency in 
     collaboration with an organization or organizations listed in 
     paragraph (1).
       ``(d) Grantee Requirements.--Under this section, an entity 
     shall--
       ``(1) prepare and submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require; and
       ``(2) describe in the application the policies and 
     procedures that the entity has or will adopt to--
       ``(A) enhance or ensure the safety and security of children 
     and their nonabusing parent in homes already experiencing 
     domestic violence, dating violence, sexual assault, or 
     stalking;
       ``(B) ensure linguistically, culturally, and community 
     relevant services for racial and ethnic and other underserved 
     communities;
       ``(C) ensure the adequate training by domestic violence, 
     dating violence, sexual assault or stalking victim service 
     providers of home visitation grantee program staff to--
       ``(i) safely screen for and/or recognize domestic violence, 
     dating violence, sexual assault, and stalking;
       ``(ii) understand the impact of domestic violence or sexual 
     assault on children and protective actions taken by a 
     nonabusing parent or caretaker in response to violence 
     against anyone in the household; and
       ``(iii) link new parents with existing community resources 
     in communities where resources exist; and
       ``(D) ensure that relevant State and local domestic 
     violence, dating violence, sexual assault, and stalking 
     victim service providers and coalitions are aware of the 
     efforts of organizations receiving grants under this section, 
     and are included as training partners, where possible.

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

       ``(a) Grants Authorized.--
       ``(1) In general.--The Attorney General, acting through the 
     Director of the Office on Violence Against Women, and in 
     collaboration with the Department of Health and Human 
     Services, shall award grants on a competitive basis to 
     eligible entities for the purpose of developing or enhancing 
     programs related to engaging men and youth in preventing 
     domestic violence, dating violence, sexual assault, and 
     stalking by helping them to develop mutually respectful, 
     nonviolent relationships.
       ``(2) Term.--The Director shall make grants under this 
     section for a period of 2 fiscal years.
       ``(3) Award basis.--The Director shall award grants--
       ``(A) considering the needs of racial and ethnic and other 
     underserved populations;
       ``(B) awarding not less than 10 percent of such amounts for 
     the funding of Indian tribes from the amounts made available 
     under this section for a fiscal year; and
       ``(C) awarding up to 8 percent for the funding of technical 
     assistance for grantees and non-grantees working in this area 
     from the amounts made available under this section for a 
     fiscal year.
       ``(b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2006 through 2010.
       ``(c) Use of Funds.--
       ``(1) Programs.--The funds appropriated under this section 
     shall be used by eligible entities--
       ``(A) to develop or enhance community-based programs, 
     including gender-specific programs in accordance with 
     applicable laws that--
       ``(i) encourage children and youth to pursue nonviolent 
     relationships and reduce their risk of becoming victims or 
     perpetrators of domestic violence, dating violence, sexual 
     assault, or stalking; and
       ``(ii) that include at a minimum--

       ``(I) information on domestic violence, dating violence, 
     sexual assault, stalking, or child sexual abuse and how they 
     affect children and youth; and
       ``(II) strategies to help participants be as safe as 
     possible; or

       ``(B) to create public education campaigns and community 
     organizing to encourage men and boys to work as allies with 
     women and girls to prevent violence against women and girls 
     conducted by entities that have experience in conducting 
     public education campaigns that address domestic violence, 
     dating violence, sexual assault, or stalking.
       ``(2) Media limits.--No more than 40 percent of funds 
     received by a grantee under this section may be used to 
     create and distribute media materials.
       ``(d) Eligible Entities.--
       ``(1) Relationships.--Eligible entities under subsection 
     (c)(1)(A) are--
       ``(A) nonprofit, nongovernmental domestic violence, dating 
     violence, sexual assault, or stalking victim service 
     providers or coalitions;
       ``(B) community-based child or youth services organizations 
     with demonstrated experience and expertise in addressing the 
     needs and concerns of young people;
       ``(C) a State, territorial, tribal, or unit of local 
     governmental entity that is partnered with an organization 
     described in subparagraph (A) or (B); or
       ``(D) a program that provides culturally specific services.
       ``(2) Awareness campaign.--Eligible entities under 
     subsection (c)(1)(B) are--
       ``(A) nonprofit, nongovernmental organizations or 
     coalitions that have a documented history of creating and 
     administering effective public education campaigns addressing 
     the prevention of domestic violence, dating violence, sexual 
     assault or stalking; or
       ``(B) a State, territorial, tribal, or unit of local 
     governmental entity that is partnered with an organization 
     described in subparagraph (A).
       ``(e) Grantee Requirements.--Under this section, an entity 
     shall--
       ``(1) prepare and submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require; and
       ``(2) eligible entities pursuant to subsection (c)(1)(A) 
     shall describe in the application the policies and procedures 
     that the entity has or will adopt to--
       ``(A) enhance or ensure the safety and security of children 
     and youth already experiencing domestic violence, dating 
     violence, sexual assault, or stalking in their lives;
       ``(B) ensure linguistically, culturally, and community 
     relevant services for racial and ethnic, and other 
     underserved communities;
       ``(C) inform participants about laws, services, and 
     resources in the community, and make referrals as 
     appropriate; and
       ``(D) ensure that State and local domestic violence, dating 
     violence, sexual assault, and stalking victim service 
     providers and coalitions are aware of the efforts of 
     organizations receiving grants under this section.''.

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

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

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

     SEC. 501. FINDINGS.

       Congress makes the following findings:
       (1) The health-related costs of intimate partner violence 
     in the United States exceed $5,800,000,000 annually.
       (2) Thirty-seven percent of all women who sought care in 
     hospital emergency rooms for violence-related injuries were 
     injured by a current or former spouse, boyfriend, or 
     girlfriend.
       (3) In addition to injuries sustained during violent 
     episodes, physical and psychological abuse is linked to a 
     number of adverse physical and mental health effects. Women 
     who have been abused are much more likely to suffer from 
     chronic pain, diabetes, depression, unintended pregnancies, 
     substance abuse and sexually transmitted infections, 
     including HIV/AIDS.
       (4) Health plans spend an average of $1,775 more a year on 
     abused women than on general enrollees.
       (5) Each year about 324,000 pregnant women in the United 
     States are battered by the men in their lives. This battering 
     leads to complications of pregnancy, including low weight 
     gain, anemia, infections, and first and second trimester 
     bleeding.
       (6) Pregnant and recently pregnant women are more likely to 
     be victims of homicide than to die of any other pregnancy-
     related cause, and evidence exists that a significant 
     proportion of all female homicide victims are killed by their 
     intimate partners.
       (7) Children who witness domestic violence are more likely 
     to exhibit behavioral and physical health problems including 
     depression, anxiety, and violence towards peers. They are 
     also more likely to attempt suicide, abuse drugs and alcohol, 
     run away from home, engage in teenage prostitution, and 
     commit sexual assault crimes.
       (8) Recent research suggests that women experiencing 
     domestic violence significantly increase their safety-
     promoting behaviors over the short- and long-term when health 
     care providers screen for, identify, and provide followup 
     care and information to address the violence.
       (9) Currently, only about 10 percent of primary care 
     physicians routinely screen for intimate partner abuse during 
     new patient visits and 9 percent routinely screen for 
     intimate partner abuse during periodic checkups.
       (10) Recent clinical studies have proven the effectiveness 
     of a 2-minute screening for early

[[Page 22217]]

     detection of abuse of pregnant women. Additional longitudinal 
     studies have tested a 10-minute intervention that was proven 
     highly effective in increasing the safety of pregnant abused 
     women. Comparable research does not yet exist to support the 
     effectiveness of screening men.
       (11) Seventy to 81 percent of the patients studied reported 
     that they would like their healthcare providers to ask them 
     privately about intimate partner violence.

     SEC. 502. PURPOSE.

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

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

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

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

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

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

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

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

       ``(a) Authority to Award Grants.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall award grants to eligible State, tribal, territorial, or 
     local entities to strengthen the response of State, tribal, 
     territorial, or local health care systems to domestic 
     violence, dating violence, sexual assault, and stalking.
       ``(2) Eligible entities.--To be eligible to receive a grant 
     under this section, an entity shall--
       ``(A) be--
       ``(i) a State department (or other division) of health, a 
     State domestic or sexual assault coalition or service-based 
     program, State law enforcement task force, or any other 
     nonprofit, nongovernmental, tribal, territorial, or State 
     entity with a history of effective work in the fields of 
     domestic violence, dating violence, sexual assault or 
     stalking, and health care; or
       ``(ii) a local, nonprofit domestic violence, dating 
     violence, sexual assault, or stalking service-based program, 
     a local department (or other division) of health, a local 
     health clinic, hospital, or health system, or any other 
     nonprofit, tribal, or local entity with a history of 
     effective work in the field of domestic or sexual violence 
     and health;
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out the purposes for which the grant is to 
     be made; and
       ``(C) demonstrate that the entity is representing a team of 
     organizations and agencies working collaboratively to 
     strengthen the response of the health care system involved to 
     domestic violence, dating violence, sexual assault, or 
     stalking and that such team includes domestic violence, 
     dating violence, sexual assault or stalking and health care 
     organizations.
       ``(3) Duration.--A program conducted under a grant awarded 
     under this section shall not exceed 2 years.
       ``(b) Use of Funds.--
       ``(1) In general.--An entity shall use amounts received 
     under a grant under this section to design and implement 
     comprehensive strategies to improve the response of the 
     health care system involved to domestic or sexual violence in 
     clinical and public health settings, hospitals, clinics, 
     managed care settings (including behavioral and mental 
     health), and other health settings.
       ``(2) Mandatory strategies.--Strategies implemented under 
     paragraph (1) shall include the following:
       ``(A) The implementation, dissemination, and evaluation of 
     policies and procedures to guide health care professionals 
     and behavioral and public health staff in responding to 
     domestic violence, dating violence, sexual assault, and 
     stalking, including strategies to ensure that health 
     information is maintained in a manner that protects the 
     patient's privacy and safety and prohibits insurance 
     discrimination.
       ``(B) The development of on-site access to services to 
     address the safety, medical, mental health, and economic 
     needs of patients either by increasing the capacity of 
     existing health care professionals and behavioral and public 
     health staff to address domestic violence, dating violence, 
     sexual assault, and stalking, by contracting with or hiring 
     domestic or sexual assault advocates to provide the services, 
     or to model other services appropriate to the geographic and 
     cultural needs of a site.
       ``(C) The evaluation of practice and the 
     institutionalization of identification, intervention, and 
     documentation including quality improvement measurements.
       ``(D) The provision of training and followup technical 
     assistance to health care professionals, behavioral and 
     public health staff, and

[[Page 22218]]

     allied health professionals to identify, assess, treat, and 
     refer clients who are victims of domestic violence, dating 
     violence, sexual violence, or stalking.
       ``(3) Permissive strategies.--Strategies implemented under 
     paragraph (1) may include the following:
       ``(A) Where appropriate, the development of training 
     modules and policies that address the overlap of child abuse, 
     domestic violence, dating violence, sexual assault, and 
     stalking and elder abuse as well as childhood exposure to 
     domestic violence.
       ``(B) The creation, adaptation, and implementation of 
     public education campaigns for patients concerning domestic 
     violence, dating violence, sexual assault, and stalking 
     prevention.
       ``(C) The development, adaptation, and dissemination of 
     domestic violence, dating violence, sexual assault, and 
     stalking education materials to patients and health care 
     professionals and behavioral and public health staff.
       ``(D) The promotion of the inclusion of domestic violence, 
     dating violence, sexual assault, and stalking into health 
     professional training schools, including medical, dental, 
     nursing school, social work, and mental health curriculum.
       ``(E) The integration of domestic violence, dating 
     violence, sexual assault, and stalking into health care 
     accreditation and professional licensing examinations, such 
     as medical, dental, social work, and nursing boards.
       ``(c) Allocation of Funds.--Funds appropriated under this 
     section shall be distributed equally between State and local 
     programs.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to award grants under this section, 
     $5,000,000 for each of fiscal years 2006 through 2010.''.

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

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

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

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

       ``(a) Purpose.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention and the 
     Director of the Agency for Healthcare Research and Quality, 
     shall award grants and contracts to fund research on 
     effective interventions in the health care setting that 
     prevent domestic violence, dating violence, and sexual 
     assault across the lifespan and that prevent the health 
     effects of such violence and improve the safety and health of 
     individuals who are currently being victimized.
       ``(b) Use of Funds.--Research conducted with amounts 
     received under a grant or contract under this section shall 
     include the following:
       ``(1) With respect to the authority of the Centers for 
     Disease Control and Prevention--
       ``(A) research on the effects of domestic violence, dating 
     violence, sexual assault, and childhood exposure to domestic, 
     dating, or sexual violence, on health behaviors, health 
     conditions, and the health status of individuals, families, 
     and populations; and
       ``(B) research and testing of best messages and strategies 
     to mobilize public and health care provider action concerning 
     the prevention of domestic, dating, or sexual violence; and
       ``(2) With respect to the authority of the Agency for 
     Healthcare Research and Quality--
       ``(A) research on the impact on the health care system, 
     health care utilization, health care costs, and health status 
     of domestic violence, dating violence, and childhood exposure 
     to domestic and dating violence, sexual violence and stalking 
     and childhood exposure; and
       ``(B) research on effective interventions within primary 
     care and emergency health care settings and with health care 
     settings that include clinical partnerships within community 
     domestic violence providers for adults and children exposed 
     to domestic or dating violence.
       ``(c) Use of Data.--Research funded under this section 
     shall be utilized by eligible entities under section 399O of 
     the Public Health Service Act.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $5,000,000 for 
     each of fiscal years 2006 through 2010.''.

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

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

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

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

     ``SEC. 41401. FINDINGS.

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

     ``SEC. 41402. PURPOSE.

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

     ``SEC. 41403. DEFINITIONS.

       ``For purposes of this subtitle--
       ``(1) the term `assisted housing' means housing assisted--
       ``(A) under sections 213, 220, 221(d)(3), 221(d)(4), 
     223(e), 231, or 236 of the National Housing Act (12 U.S.C. 
     1715l(d)(3), (d)(4), or 1715z-1);
       ``(B) under section 101 of the Housing and Urban 
     Development Act of 1965 (12 U.S.C. 1701s);
       ``(C) under section 202 of the Housing Act of 1959 (12 
     U.S.C. 1701q);
       ``(D) under section 811 of the Cranston-Gonzales National 
     Affordable Housing Act (42 U.S.C. 8013);
       ``(E) under title II of the Cranston-Gonzales National 
     Affordable Housing Act (42 U.S.C. 12701 et seq.);
       ``(F) under subtitle D of title VIII of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et 
     seq.);
       ``(G) under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.); or
       ``(H) under section 8 of the United States Housing Act of 
     1937 (42 U.S.C. 1437f);
       ``(2) the term `continuum of care' means a community plan 
     developed to organize and deliver housing and services to 
     meet the specific

[[Page 22219]]

     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.

     ``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.

[[Page 22220]]

       ``(4) Limitation.--Appropriated funds may only be used for 
     the purposes described in subsection (f).
       ``(c) Eligible Grantees.--
       ``(1) In General.--Eligible grantees are--
       ``(A) public housing agencies;
       ``(B) principally managed public housing resident 
     management corporations, as determined by the Secretary;
       ``(C) public housing projects owned by public housing 
     agencies;
       ``(D) agencies and authorities receiving assistance under 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4101 et seq.); and
       ``(E) private, for-profit, and nonprofit owners or managers 
     of assisted housing.
       ``(2) Submission required for all grantees.--To receive 
     assistance under this section, an eligible grantee shall 
     certify that--
       ``(A) its policies and practices do not prohibit or limit a 
     resident's right to summon police or other emergency 
     assistance in response to domestic violence, dating violence, 
     sexual assault, or stalking;
       ``(B) programs and services are developed that give a 
     preference in admission to adult and youth victims of such 
     violence, consistent with local housing needs, and applicable 
     law and the Secretary's instructions;
       ``(C) it does not discriminate against any person--
       ``(i) because that person is or is perceived to be, or has 
     a family or household member who is or is perceived to be, a 
     victim of such violence; or
       ``(ii) because of the actions or threatened actions of the 
     individual who the victim, as certified in subsection (e), 
     states has committed or threatened to commit acts of such 
     violence against the victim, or against the victim's family 
     or household member;
       ``(D) plans are developed that establish meaningful 
     consultation and coordination with local victim service 
     providers, tenant organizations, linguistically and 
     culturally specific service providers, State domestic 
     violence and sexual assault coalitions, and, where they 
     exist, tribal domestic violence and sexual assault 
     coalitions; and
       ``(E) its policies and practices will be in compliance with 
     those described in this paragraph within the later of 1 year 
     or a period selected by the Attorney General in consultation 
     with the Secretary and ACYF.
       ``(d) Application.--Each eligible entity seeking a grant 
     under this section shall submit an application to the 
     Attorney General at such a time, in such a manner, and 
     containing such information as the Attorney General may 
     require.
       ``(e) Certification.--
       ``(1) In general.--A public housing agency, tribally 
     designated housing entity, or assisted housing provider 
     receiving funds under this section may request that an 
     individual claiming relief under this section certify that 
     the individual is a victim of domestic violence, dating 
     violence, sexual assault, or stalking. The individual shall 
     provide a copy of such certification to the public housing 
     agency, tribally designated housing entity, or assisted 
     housing provider within a reasonable period of time after the 
     agency or authority requests such certification.
       ``(2) Contents.--An individual may satisfy the 
     certification requirement of paragraph (1) by--
       ``(A) providing the public housing agency, tribally 
     designated housing entity, or assisted housing provider with 
     documentation, signed by an employee, agent, or volunteer of 
     a victim service provider, an attorney, a member of the 
     clergy, a medical professional, or any other professional 
     from whom the victim has sought assistance in addressing 
     domestic violence, dating violence, sexual assault, or 
     stalking, or the effects of abuse; or
       ``(B) producing a Federal, State, tribal, territorial, or 
     local police or court record.
       ``(3) Limitation.--Nothing in this subsection shall be 
     construed to require any housing agency, assisted housing 
     provider, tribally designated housing entity, owner, or 
     manager to demand that an individual produce official 
     documentation or physical proof of the individual's status as 
     a victim of domestic violence, dating violence, sexual 
     assault, or stalking, in order to receive any of the benefits 
     provided in this section. A housing authority may provide 
     benefits to an individual based solely on the individual's 
     statement or other corroborating evidence.
       ``(4) Confidentiality.--
       ``(A) In general.--All information provided to any housing 
     agency, assisted housing provider, tribally designated 
     housing entity, owner, or manager pursuant to paragraph (1), 
     including the fact that an individual is a victim of domestic 
     violence, dating violence, sexual assault, or stalking, shall 
     be retained in the strictest confidence by such housing 
     authority, and shall neither be entered into any shared 
     database, nor provided to any related housing agency, 
     assisted housing provider, tribally designated housing 
     entity, owner, or manager, except to the extent that 
     disclosure is--
       ``(i) requested or consented to by the individual in 
     writing; or
       ``(ii) otherwise required by applicable law.
       ``(B) Notification.--An individual shall be notified of the 
     limits of such confidentiality and informed in advance about 
     circumstances in which the housing agency, assisted housing 
     provider, tribally designated housing entity, owner, or 
     manager will be compelled to disclose the individual's 
     information.
       ``(f) Use of Funds.--Grants and contracts awarded pursuant 
     to subsection (a) shall provide to eligible entities 
     personnel, training, and technical assistance to develop and 
     implement policies, practices, and procedures, making 
     physical improvements or changes, and developing or enhancing 
     collaborations for the purposes of--
       ``(1) enabling victims of domestic violence, dating 
     violence, sexual assault, and stalking with otherwise 
     disqualifying rental, credit, or criminal histories to be 
     eligible to obtain housing or housing assistance, if such 
     victims would otherwise qualify for housing or housing 
     assistance and can provide documented evidence that 
     demonstrates the causal connection between such violence or 
     abuse and the victims' negative histories;
       ``(2) permitting applicants for housing or housing 
     assistance to provide incomplete rental and employment 
     histories, otherwise required as a condition of admission or 
     assistance, if the victim believes that providing such rental 
     and employment history would endanger the victim's or the 
     victim children's safety;
       ``(3) protecting victims' confidentiality, including 
     protection of victims' personally identifying information, 
     address, or rental history;
       ``(4) assisting victims who need to leave a public housing, 
     Indian housing, or assisted housing unit quickly to protect 
     their safety, including those who are seeking transfer to a 
     new public housing unit, Indian housing unit, or assisted 
     housing unit, whether in the same or a different neighborhood 
     or jurisdiction;
       ``(5) enabling the public housing agency, tribally 
     designated housing entity, or assisted housing provider, or 
     the victim, to remove, consistent with applicable State law, 
     the perpetrator of domestic violence, dating violence, sexual 
     assault, or stalking without evicting, removing, or otherwise 
     penalizing the victim;
       ``(6) enabling the public housing agency, tribally 
     designated housing entity, or assisted housing provider to 
     comply with court orders, including civil protection orders 
     issued to protect the victim, when notified and issued to 
     address the distribution or possession of property among the 
     household members in cases where a family breaks up;
       ``(7) developing and implementing more effective security 
     policies, protocols, and services;
       ``(8) allotting not more than 15 percent of funds awarded 
     under the grant to make physical improvements;
       ``(9) training personnel to more effectively identify and 
     respond to victims of domestic violence, dating violence, 
     sexual assault, and stalking; and
       ``(10) effectively providing notice to applicants and 
     residents of the above housing policies, practices, and 
     procedures.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 for each of fiscal 
     years 2006 through 2010 to carry out the provisions of this 
     section.
       ``(h) Technical Assistance.--Up to 12 percent of the amount 
     appropriated under subsection (g) for each fiscal year shall 
     be used by the Attorney General for technical assistance 
     costs under this section.''.

     SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS 
                   OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL 
                   ASSAULT, OR STALKING.

       (a) In General.--Section 40299 of the Violence Against 
     Women Act of 1994 (42 U.S.C. 13975) is amended--
       (1) in subsection (a)--
       (A) by inserting ``the Department of Housing and Urban 
     Development, and the Department of Health and Human 
     Services,'' after ``Department of Justice,'';
       (B) by inserting ``, including domestic violence and sexual 
     assault victim service providers, domestic violence and 
     sexual assault coalitions, other nonprofit, nongovernmental 
     organizations, or community-based and culturally specific 
     organizations, that have a documented history of effective 
     work concerning domestic violence, dating violence, sexual 
     assault, or stalking'' after ``other organizations''; and
       (C) in paragraph (1), by inserting ``, dating violence, 
     sexual assault, or stalking'' after ``domestic violence'';
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (B) in paragraph (3), as redesignated, by inserting ``, 
     dating violence, sexual assault, or stalking'' after 
     ``violence'';
       (C) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) transitional housing, or acquire land or buildings, 
     or rehabilitate or construct buildings for the purpose of 
     providing transitional housing to persons described in 
     subsection (a), including funding for--
       ``(A) the predevelopment cost and capital expenses involved 
     in the development of transitional housing; and
       ``(B) the operating expenses of newly developed or existing 
     transitional housing.''; and
       (D) in paragraph (3)(B) as redesignated, by inserting 
     ``Participation in the support services shall be voluntary. 
     Receipt of the benefits of the housing assistance described 
     in paragraph (2) shall not be conditioned upon the 
     participation of the youth, adults, or their dependents in 
     any or all of the support services offered them.'' after 
     ``assistance.'';
       (3) in paragraph (1) of subsection (c), by striking ``18 
     months'' and inserting ``24 months'';
       (4) in subsection (d)(2)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:

[[Page 22221]]

       ``(B) provide assurances that any supportive services 
     offered to participants in programs developed under 
     subsection (b)(3) are voluntary and that refusal to receive 
     such services shall not be grounds for termination from the 
     program or eviction from the victim's housing; and'';
       (5) in subsection (e)(2)--
       (A) in subparagraph (A), by inserting ``purpose and'' 
     before ``amount'';
       (B) in clause (ii) of subparagraph (C), by striking 
     ``and'';
       (C) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (D) by adding at the end the following new subparagraph:
       ``(E) the client population served and the number of 
     individuals requesting services that the transitional housing 
     program is unable to serve as a result of a lack of 
     resources.''; and
       (6) in subsection (g)--
       (A) in paragraph (1), by striking ``$30,000,000'' and 
     inserting ``$40,000,000'';
       (B) in paragraph (1), by striking ``2004'' and inserting 
     ``2006'';
       (C) in paragraph (1), by striking ``2008.'' and inserting 
     ``2010'';
       (D) in paragraph (2), by striking ``not more than 3 
     percent'' and inserting ``up to 5 percent'';
       (E) in paragraph (2), by inserting ``evaluation, 
     monitoring, technical assistance,'' before ``salaries''; and
       (F) in paragraph (3), by adding at the end the following 
     new subparagraphs:
       ``(C) Underserved populations.--
       ``(i) A minimum of 7 percent of the total amount 
     appropriated in any fiscal year shall be allocated to tribal 
     organizations serving adult and youth victims of domestic 
     violence, dating violence, sexual assault, or stalking, and 
     their dependents.
       ``(ii) Priority shall be given to projects developed under 
     subsection (b) that primarily serve racial, ethnic, or other 
     underserved populations.''.

     SEC. 603. PUBLIC HOUSING AUTHORITY PLANS REPORTING 
                   REQUIREMENT.

       Section 5A of the United States Housing Act of 1937 (42 
     U.S.C. 1437c-1) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following:
       ``(2) Statement of goals.--The 5-year plan shall include a 
     statement by any public housing agency of the goals, 
     objectives, policies, or programs that will enable the 
     housing authority to serve the needs of child and adult 
     victims of domestic violence, dating violence, sexual 
     assault, or stalking.'';
       (2) in subsection (d), by redesignating paragraphs (13), 
     (14), (15), (16), (17), and (18), as paragraphs (14), (15), 
     (16), (17), (18), and (19), respectively; and
       (3) by inserting after paragraph (12) the following:
       ``(13) Domestic violence, dating violence, sexual assault, 
     or stalking programs.--A description of--
       ``(A) any activities, services, or programs provided or 
     offered by an agency, either directly or in partnership with 
     other service providers, to child or adult victims of 
     domestic violence, dating violence, sexual assault, or 
     stalking;
       ``(B) any activities, services, or programs provided or 
     offered by a public housing agency that helps child and adult 
     victims of domestic violence, dating violence, sexual 
     assault, or stalking, to obtain or maintain housing; and
       ``(C) any activities, services, or programs provided or 
     offered by a public housing agency to prevent domestic 
     violence, dating violence, sexual assault, and stalking, or 
     to enhance victim safety in assisted families.''.

     SEC. 604. HOUSING STRATEGIES.

       Section 105(b)(1) of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 12705(b)(1)) is amended by 
     inserting after ``immunodeficiency syndrome,'' the following: 
     ``victims of domestic violence, dating violence, sexual 
     assault, and stalking''.

     SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE 
                   ACT.

       Section 423 of the Stewart B. McKinney Homeless Assistance 
     Act (42 U.S.C. 11383) is amended--
       (1) by adding at the end of subsection (a) the following:
       ``(8) Confidentiality.--
       ``(A) In general.--In the course of awarding grants or 
     implementing programs under this subsection, the Secretary 
     shall instruct any recipient or subgrantee not to disclose to 
     any person, agency, or entity any personally identifying 
     information about any client where the Secretary, recipient, 
     or subgrantee believes based upon reasonable evidence that 
     the client is either a child or an adult victim of domestic 
     violence, dating violence, sexual assault, or stalking, and 
     has immediate safety concerns, or is the parent or guardian 
     of a child victim of domestic violence, dating violence, 
     sexual assault, or stalking, and has immediate safety 
     concerns. The Secretary shall not require or ask a recipient 
     or subgrantee of any other Federal or State program to 
     disclose personally identifying information about any clients 
     where the persons, agencies, or entities implementing those 
     programs believe, based upon reasonable evidence, that those 
     clients either are child or adult victims of domestic 
     violence, dating violence, sexual assault, or stalking, and 
     has immediate safety concerns or are the parents or guardians 
     of child victims of domestic violence, dating violence, 
     sexual assault, or stalking, and has immediate safety 
     concerns. The Secretary shall instruct any recipient or 
     subgrantee under this subsection or any recipient or 
     subgrantee of any other Federal or State program 
     participating in the Homeless Management Information System 
     that personally identifying information about any client may 
     only be disclosed if the program seeking to disclose such 
     information has obtained informed, reasonably time-limited, 
     written consent from the client to whom the information 
     relates. The Secretary may require or ask any recipient or 
     subgrantee to share nonpersonally identifying data in the 
     aggregate regarding services to clients and nonpersonally 
     identifying demographic information in order to comply with 
     the data collection requirements of the Homeless Management 
     Information System.
       ``(B) Personally identifying information or personal 
     information.--The term `personally identifying information' 
     or `personal information' means individually identifying 
     information for or about an individual including information 
     likely to disclose the location of a victim of domestic 
     violence, dating violence, sexual assault, or stalking, 
     including--
       ``(i) a first and last name;
       ``(ii) a home or other physical address;
       ``(iii) contact information (including a postal, e-mail or 
     Internet protocol address, or telephone or facsimile number);
       ``(iv) a social security number; and
       ``(v) any other information, including date of birth, 
     racial or ethnic background, or religious affiliation, that, 
     in combination with any of clauses (i) through (iv), would 
     serve to identify any individual.''.

     SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE 
                   VOUCHER PROGRAM.

       Section 8 of the United States Housing Act of 1937 (42 
     U.S.C. 1437f) is amended--
       (1) in subsection (c)--
       (A) in the first sentence by inserting ``; miscellaneous 
     provisions'' after ``monthly assistance payments''; and
       (B) by adding at the end the following new paragraph:
       ``(9)(A) That an applicant or participant is or has been a 
     victim of domestic violence, dating violence, or stalking is 
     not an appropriate basis for denial of program assistance or 
     for denial of admission.
       ``(B) An incident or incidents of actual or threatened 
     domestic violence, dating violence, or stalking will not be 
     construed as a serious or repeated violation of the lease by 
     the victim or threatened victim of that violence and shall 
     not be good cause for terminating the tenancy or occupancy 
     rights of the victim of such violence.
       ``(C)(i) Criminal activity directly relating to domestic 
     violence, dating violence, or stalking, engaged in by a 
     member of a tenant's household or any guest or other person 
     under the tenant's control shall not be cause for termination 
     of tenancy or occupancy rights if the tenant or an immediate 
     member of the tenant's family is the victim or threatened 
     victim of that domestic violence, dating violence, or 
     stalking.
       ``(ii) A public housing agency or an owner or manager under 
     this section may bifurcate a lease under this section, in 
     order to evict, remove, or terminate assistance to any 
     individual who is a tenant or lawful occupant and who engages 
     in criminal acts of physical violence against family members 
     or others, without evicting, removing, terminating assistance 
     to, or otherwise penalizing the victim of such violence who 
     is also a tenant or lawful occupant.
       ``(iii) Nothing in clause (i) may be construed to limit the 
     authority of a public housing agency, owner, or manager, when 
     notified, to comply with court orders, including civil 
     protection orders issued to protect the victim and issued to 
     address the distribution or possession of property among the 
     household members in cases where a family breaks up.
       ``(iv) Nothing in clause (i) limits any otherwise available 
     authority of an owner or manager to evict or the public 
     housing agency or assisted housing provider to terminate 
     voucher assistance to a tenant for any violation of a lease 
     not premised on the act or acts of violence in question 
     against the tenant or a member of the tenant's household, 
     provided that the owner or manager does not subject an 
     individual who is or has been a victim of domestic violence, 
     dating violence, or stalking to a more demanding standard 
     than other tenants in determining whether to evict or 
     terminate.
       ``(v) Nothing in clause (i) may be construed to limit the 
     authority of an owner or manager to evict any tenant or 
     lawful occupant if the owner or manager can demonstrate an 
     actual and imminent threat to other tenants or those employed 
     at or providing service to the property if that tenant is not 
     evicted or terminated from assistance.
       ``(vi) Nothing in this section shall be construed to 
     supersede any provision of any Federal, State, or local law 
     that provides greater protection than this section for 
     victims of domestic violence, dating violence, or 
     stalking.''.
       (2) in subsection (d)--
       (A) in paragraph (1)(A), by inserting after ``public 
     housing agency'' the following: ``and that an applicant is or 
     has been a victim of domestic violence, dating violence, or 
     stalking is not an appropriate basis for denial of program 
     assistance or for denial of admission'';
       (B) in paragraph (1)(B)(ii), by inserting after ``other 
     good cause'' the following: ``, and that an incident or 
     incidents of actual or threatened domestic violence, dating 
     violence, or stalking will not be construed as a serious or 
     repeated violation of the lease by the victim or threatened

[[Page 22222]]

     victim of that violence and will not be good cause for 
     terminating the tenancy or occupancy rights of the victim of 
     such violence''; and
       (C) in paragraph (1)(B)(iii), by inserting after 
     ``termination of tenancy'' the following: ``, except that (I) 
     criminal activity directly relating to domestic violence, 
     dating violence, or stalking, engaged in by a member of a 
     tenant's household or any guest or other person under the 
     tenant's control, shall not be cause for termination of the 
     tenancy or occupancy rights, if the tenant or immediate 
     member of the tenant's family is a victim of that domestic 
     violence, dating violence, or stalking; (II) a public housing 
     agency or an owner or manager under this section may 
     bifurcate a lease under this section, in order to evict, 
     remove, or terminate assistance to any individual who is a 
     tenant or lawful occupant and who engages in criminal acts of 
     physical violence against family members or others, without 
     evicting, removing, terminating assistance to, or otherwise 
     penalizing the victim of such violence who is also a tenant 
     or lawful occupant; (III) nothing in subclause (I) may be 
     construed to limit the authority of a public housing agency, 
     owner, or manager, when notified, to comply with court 
     orders, including civil protection orders issued to protect 
     the victim and issued to address the distribution or 
     possession of property among the household members in cases 
     where a family breaks up; (IV) nothing in subclause (I) 
     limits any otherwise available authority of an owner or 
     manager to evict or the public housing agency or assisted 
     housing provider to terminate voucher assistance to a tenant 
     for any violation of a lease not premised on the act or acts 
     of violence in question against the tenant or a member of the 
     tenant's household, provided that the owner or manager does 
     not subject an individual who is or has been a victim of 
     domestic violence, dating violence, or stalking to a more 
     demanding standard than other tenants in determining whether 
     to evict or terminate; (V) nothing in subclause (I) may be 
     construed to limit the authority of an owner or manager to 
     evict, or the public housing agency or assisted housing 
     provider to terminate voucher assistance, to any tenant if 
     the owner, manager, public housing agency, or assisted 
     housing provider can demonstrate an actual and imminent 
     threat to other tenants or those employed at or providing 
     service to the property if that tenant is not evicted or 
     terminated from assistance; and (VI) nothing in this section 
     shall be construed to supersede any provision of any Federal, 
     State, or local law that provides greater protection than 
     this section for victims of domestic violence, dating 
     violence, or stalking.'';
       (3) in subsection (f)--
       (A) in paragraph (6), by striking ``and'';
       (B) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(8) the term `domestic violence' has the same meaning 
     given the term in section 40002 of the Violence Against Women 
     Act of 1994;
       ``(9) the term `dating violence' has the same meaning given 
     the term in section 40002 of the Violence Against Women Act 
     of 1994; and
       ``(10) the term `stalking' means engaging in a course of 
     conduct directed at a specific person that would cause a 
     reasonable person to--
       ``(A) fear for his or her safety or the safety of others; 
     or
       ``(B) suffer significant emotional or physical distress; 
     and
       ``(11) the term `sexual assault' has the same meaning given 
     the term in section 40002 of the Violence Against Women Act 
     of 1994.'';
       (4) in subsection (o)--
       (A) by inserting at the end of paragraph (6)(B) the 
     following new sentence: ``That an applicant is or has been a 
     victim of domestic violence, dating violence, or stalking is 
     not an appropriate basis for denial of program assistance by 
     or for denial of admission, and that nothing in this section 
     shall be construed to supersede any provision of any Federal, 
     State, or local law that provides greater protection than 
     this section for victims of domestic violence, dating 
     violence, or stalking.'';
       (B) in paragraph (7)(C), by inserting after ``other good 
     cause'' the following: ``, and that an incident or incidents 
     of actual or threatened domestic violence, dating violence, 
     or stalking shall not be construed as a serious or repeated 
     violation of the lease by the victim or threatened victim of 
     that violence and shall not be good cause for terminating the 
     tenancy or occupancy rights of the victim of such violence'';
       (C) in paragraph (7)(D), by inserting after ``termination 
     of tenancy'' the following: ``; except that (i) criminal 
     activity directly relating to domestic violence, dating 
     violence, or stalking, engaged in by a member of a tenant's 
     household or any guest or other person under the tenant's 
     control shall not be cause for termination of the tenancy or 
     occupancy rights, if the tenant or immediate member of the 
     tenant's family is a victim of that domestic violence, dating 
     violence, or stalking; (ii) a public housing agency or an 
     owner or manager under this section may bifurcate a lease 
     under this section, in order to evict, remove, or terminate 
     assistance to any individual who is a tenant or lawful 
     occupant and who engages in criminal acts of physical 
     violence against family members or others, without evicting, 
     removing, terminating assistance to, or otherwise penalizing 
     the victim of such violence who is also a tenant or lawful 
     occupant; (iii) nothing in clause (i) may be construed to 
     limit the authority of a public housing agency, owner, or 
     manager, when notified, to comply with court orders, 
     including civil protection orders issued to protect the 
     victim and issued to address the distribution or possession 
     of property among the household member sin cases where a 
     family breaks up; (iv) nothing in clause (i) limits any 
     otherwise available authority of an owner or manager to evict 
     or the public housing agency or assisted housing provider to 
     terminate voucher assistance to a tenant for any violation of 
     a lease not premised on the act or acts of violence in 
     question against the tenant or a member of the tenant's 
     household, provided that the owner or manager does not 
     subject an individual who is or has been a victim of domestic 
     violence, dating violence, or stalking to a more demanding 
     standard than other tenants in determining whether to evict 
     or terminate; (v) nothing in clause (i) may be construed to 
     limit the authority of an owner or manager to evict, or the 
     public housing agency or assisted housing provider to 
     terminate, voucher assistance to any tenant if the owner, 
     manager, public housing agency, or assisted housing provider 
     can demonstrate an actual and imminent threat to other 
     tenants or those employed at or providing service to the 
     property if that tenant is not evicted or terminated from 
     assistance; and (vi) nothing in this section shall be 
     construed to supersede any provision of any Federal, State, 
     or local law that provides greater protection than this 
     section for victims of domestic violence, dating violence, or 
     stalking.''; and
       (D) by adding at the end the following new paragraph:
       ``(20) Prohibited basis for termination of assistance.--
       ``(A) In general.--A public housing agency may not 
     terminate assistance to a participant in the voucher program 
     on the basis of an incident or incidents of actual or 
     threatened domestic violence, dating violence, or stalking 
     against that participant.
       ``(B) Construal of lease provisions.--Criminal activity 
     directly relating to domestic violence, dating violence, or 
     stalking shall not be considered a serious or repeated 
     violation of the lease by the victim or threatened victim of 
     that criminal activity justifying termination of assistance 
     to the victim or threatened victim.
       ``(C) Termination on the basis of criminal activity.--
     Criminal activity directly relating to domestic violence, 
     dating violence, or stalking shall not be considered cause 
     for termination of assistance for any participant or 
     immediate member of a participant's family who is a victim of 
     the domestic violence, dating violence, or stalking.
       ``(D) Exceptions.--
       ``(i) Public housing authority right to terminate for 
     criminal acts.--Nothing in subparagraphs (A), (B), or (C) may 
     be construed to limit the authority of the public housing 
     agency to terminate voucher assistance to individuals who 
     engage in criminal acts of physical violence against family 
     members or others.
       ``(ii) Public housing authority right to terminate 
     assistance for imminent threat.--Nothing in subparagraphs 
     (A), (B), or (C) may be construed to limit the authority of a 
     public housing agency to terminate assistance to any 
     individual who has been evicted from housing assisted under 
     the program based on a showing that he or she presented an 
     actual and imminent threat to other tenants or to staff of 
     the owner or public housing agency.
       ``(iii) Compliance with court orders.--Nothing in 
     subparagraphs (A), (B), or (C) may be construed to limit the 
     authority of a public housing agency, when notified, to 
     comply with court orders, including civil protection orders 
     issued to protect the victim and issued to address the 
     distribution possession of property among the household 
     members in cases where a family breaks up.
       ``(iv) Public housing authority right to terminate voucher 
     assistance for acts of violence.--Nothing in subparagraphs 
     (A), (B), or (C) limit any otherwise available authority of 
     the public housing agency to terminate voucher assistance to 
     a tenant for any violation of a lease not premised on the act 
     or acts of violence in question against the tenant or a 
     member of the tenant's household, provided that the owner or 
     manager does not subject an individual who is or has been a 
     victim of domestic violence, dating violence, or stalking to 
     a more demanding standard than other tenants in determining 
     whether to evict or terminate.
       ``(v) Public housing authority right to terminate voucher 
     assistance for imminent threat.--Nothing in subparagraphs 
     (A), (B), (C) may be construed to limit the authority of the 
     public housing agency to terminate voucher assistance to a 
     tenant if the public housing agency can demonstrate an actual 
     and imminent threat to other tenants or those employed at or 
     providing service to the property or public housing agency if 
     that tenant is not evicted or terminated from assistance.
       ``(vi) Preemption.--Nothing in this section shall be 
     construed to supersede any provision of any Federal, State, 
     or local law that provides greater protection than this 
     section for victims of domestic violence, dating violence, or 
     stalking.'';
       (5) in subsection (r)(5), by inserting after ``violation of 
     a lease'' the following: ``, except that a family may receive 
     a voucher from a public housing agency and move to another 
     jurisdiction under the tenant-based assistance program if the 
     family has complied with all other obligations of the section 
     8 program and has moved out of the assisted dwelling unit in 
     order to protect the health or safety of an individual who is 
     or has been the victim of domestic violence, dating violence, 
     or stalking and who reasonably believed he or she was 
     imminently threatened by harm from further violence if he or 
     she remained in the assisted dwelling unit''; and

[[Page 22223]]

       (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

[[Page 22224]]

     agency, or assisted housing provider based on the 
     certification specified in subparagraphs (A) and (B) of this 
     subsection or based solely on the victim's statement or other 
     corroborating evidence, as permitted by subparagraph (D) of 
     this subsection, shall not alone be sufficient to constitute 
     evidence of an unreasonable act or omission by an owner, 
     manager, public housing agency, or assisted housing provider, 
     or employee thereof. Nothing in this subparagraph shall be 
     construed to limit liability for failure to comply with the 
     requirements of subsection l(5) and (6).
       ``(2) Confidentiality.--
       ``(A) In general.--All information provided to any public 
     housing agency pursuant to paragraph (1), including the fact 
     that an individual is a victim of domestic violence, dating 
     violence, or stalking, shall be retained in the strictest 
     confidence by such public housing agency, and shall neither 
     be entered into any shared database nor provided to any 
     related entity, except to the extent that disclosure is--
       ``(i) requested or consented to by the individual in 
     writing; or
       ``(ii) otherwise required by applicable law.
       ``(B) Notification.--An individual must be notified of the 
     limits of such confidentiality and informed in advance about 
     circumstances in which the person or entity will be compelled 
     to disclose the individual's information.
       ``(3) Definitions.--For purposes of this subsection, 
     subsection (c)(3), and subsection (l)(5) and (6)--
       ``(A) the term `domestic violence' has the same meaning 
     given the term in section 40002 of the Violence Against Women 
     Act of 1994;
       ``(B) the term `dating violence' has the same meaning given 
     the term in section 40002 of the Violence Against Women Act 
     of 1994; and
       ``(C) the term `stalking' means engaging in a course of 
     conduct directed at a specific person that would cause a 
     reasonable person to--
       ``(i) fear for his or her safety or the safety of others; 
     or
       ``(ii) suffer significant emotional distress.''.

     TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

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

       Subtitle N of the Violence Against Women Act of 1994 
     (Public Law 103-322; 108 Stat. 1902) is amended by adding at 
     the end the following:

        ``Subtitle O--National Clearinghouse and Resource Center

     ``SEC. 41501. GRANT FOR NATIONAL CLEARINGHOUSE AND RESOURCE 
                   CENTER ON WORKPLACE RESPONSES TO ASSIST VICTIMS 
                   OF DOMESTIC AND SEXUAL VIOLENCE.

       ``(a) Authority.--The Attorney General, acting through the 
     Director of the Office on Violence Against Women, may award a 
     grant to an eligible nonprofit nongovernmental entity or 
     tribal organization, in order to provide for the 
     establishment and operation of a national clearinghouse and 
     resource center on workplace responses to assist victims of 
     domestic and sexual violence. The clearinghouse and resource 
     center shall provide information and assistance to employers, 
     labor organizations, and advocates on behalf of victims of 
     domestic or sexual violence, to aid in their efforts to 
     develop and implement appropriate responses to such violence 
     in order to assist those victims.
       ``(b) Applications.--To be eligible to receive a grant 
     under this section, an entity or organization shall submit an 
     application to the Attorney General at such time, in such 
     manner, and containing such information as the Attorney 
     General may require, including--
       ``(1) information that demonstrates that the entity or 
     organization has nationally recognized expertise in the area 
     of domestic or sexual violence, and a record of commitment to 
     reducing domestic or sexual violence;
       ``(2) a plan to maximize, to the extent practicable, 
     outreach to employers (including private companies and public 
     entities such as public institutions of higher education and 
     State and local governments), labor organizations, and 
     advocates described in subsection (a) concerning developing 
     and implementing appropriate workplace responses to assist 
     victims of domestic or sexual violence; and
       ``(3) a plan for developing materials and training for 
     materials for employers that address the needs of employees 
     in cases of domestic violence, dating violence, sexual 
     assault, and stalking impacting the workplace, including the 
     needs of racial and ethnic and other underserved communities.
       ``(c) Use of Grant Amount.--
       ``(1) In general.--An entity or organization that receives 
     a grant under this section may use the funds made available 
     through the grant for staff salaries, travel expenses, 
     equipment, printing, and other reasonable expenses necessary 
     to develop, maintain, and disseminate to employers, labor 
     organizations, and advocates described in subsection (a), 
     information and assistance concerning appropriate workplace 
     responses to assist victims of domestic or sexual violence.
       ``(2) Responses.--Responses referred to in paragraph (1) 
     may include--
       ``(A) providing training to promote a better understanding 
     of appropriate workplace assistance to victims of domestic or 
     sexual violence;
       ``(B) providing conferences and other educational 
     opportunities;
       ``(C) developing protocols and model workplace policies;
       ``(D) providing employer-sponsored and labor organization-
     sponsored victim assistance and outreach counseling; and
       ``(E) conducting assessments of the workplace costs of 
     domestic or sexual violence.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2006 through 2010.
       ``(e) Availability of Grant Funds.--Funds appropriated 
     under this section shall remain available until expended.''.

   TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED 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--

[[Page 22225]]

       (A) in subsections (b)(1)(E), (e)(5), and (g), by striking 
     ``Attorney General'' each place it appears and inserting 
     ``Secretary of Homeland Security''; and
       (B) in subsection (c), by inserting ``, the Secretary of 
     Homeland Security'' after ``Attorney General''.
       (2) Nonimmigrant aliens.--Section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101) is amended--
       (A) in subsection (a)(15)(T), by striking ``Attorney 
     General'' each place it appears and inserting ``Secretary of 
     Homeland Security; and
       (B) in subsection (i)--
       (i) in paragraph (1), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security, the Attorney 
     General,''; and
       (ii) in paragraph (2), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''.
       (3) Inadmissible aliens.--Section 212(d)(13) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(13)) is 
     amended--
       (A) in subparagraph (A), by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (B) in subparagraph (B)--
       (i) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (ii) by striking ``, in the Attorney General's 
     discretion,''.
       (4) Adjustment of status for victims of trafficking.--
     Section 245(l) of the Immigration and Nationality Act (8 
     U.S.C. 1255(l)) is amended--
       (A) in paragraphs (1), (2), and (4), by striking ``Attorney 
     General'' the first place it appears in each such paragraph 
     and inserting ``Secretary of Homeland Security'';
       (B) in paragraphs (1) and (2), by striking ``Attorney 
     General'' the second place it appears in each such paragraph 
     and inserting ``Secretary''; and
       (C) in paragraph (2), by striking ``, in the Attorney 
     General's discretion,''.
       (b) Certification Process.--Section 107(b)(1)(E) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7105(b)(1)(E)) is amended--
       (1) in clause (i)--
       (A) in the matter preceding subclause (I), by 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.--

[[Page 22226]]

       ``(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) 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

[[Page 22227]]

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

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

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

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

       (a) In General.--The first section of Public Law 89-732 (8 
     U.S.C. 1255 note) (commonly known as the Cuban Adjustment 
     Act) is amended--
       (1) in the last sentence, by striking ``204(a)(1)(H)'' and 
     inserting ``204(a)(1)(J)''; and
       (2) by adding at the end the following: ``An alien who was 
     the spouse of any Cuban alien described in this section and 
     has resided with such spouse shall continue to be treated as 
     such a spouse for 2 years after the date on which the Cuban 
     alien dies (or, if later, 2 years after the date of enactment 
     of Violence Against Women Act of 2005), or for 2 years after 
     the date of termination of the marriage (or, if later, 2 
     years after the date of enactment of Violence Against Women 
     Act of 2005) if there is demonstrated a connection between 
     the termination of the marriage and the battering or extreme 
     cruelty by the Cuban alien.''.
       (b) Effective Date.--The amendment made by subsection 
     (a)(1) shall take effect as if included in the enactment of 
     the Violence Against Women Act of 2000 (division B of Public 
     Law 106-386; 114 Stat. 1491).

     SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.

       (a) In General.--Section 902(d)(1)(B) of the Haitian 
     Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) 
     is amended--
       (1) in clause (i), by striking ``whose status is adjusted 
     to that of an alien lawfully admitted for permanent 
     residence'' and inserting ``who is or was eligible for 
     classification'';
       (2) in clause (ii), by striking ``whose status is adjusted 
     to that of an alien lawfully admitted for permanent 
     residence'' and inserting ``who is or was eligible for 
     classification''; and
       (3) in clause (iii), by striking ``204(a)(1)(H)'' and 
     inserting ``204(a)(1)(J)''.
       (b) Effective Date.--The amendment made by subsection 
     (a)(3) shall take effect as if included in the enactment of 
     the Violence Against Women Act of 2000 (division B of Public 
     Law 106-386; 114 Stat. 1491).

     SEC. 825. DEPORTATION PROCEEDINGS.

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

     SEC. 826. PROTECTING ABUSED JUVENILES.

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

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

       (a) Section 202 of the Real ID Act of 2005 (49 U.S.C. 30301 
     note; 119 Stat. 312) is amended by adding at the end the 
     following:
       ``(e) Exception for the Protection of Victims of Domestic 
     Violence and Crime.--
       ``(1) Alternative valid address authorized for victim 
     protection and confidentiality.--Victims who have been 
     subjected to battery, extreme cruelty, domestic violence, 
     dating violence, sexual assault or stalking may be exempt 
     from the requirements of section 202(b)(6) and permitted to 
     use an alternate address on their driver's license or 
     identification card if the applicant--
       ``(A) is enrolled in a State address confidentiality 
     program;
       ``(B) has been permitted by a Federal, State, tribal, 
     territorial, or local court (as defined in section 2266 of 
     title 18, United States Code) to keep the applicant's address 
     or location confidential as part of a protection order (as 
     defined in such section 2266) or other injunctive relief to 
     protect the applicant from domestic violence, dating 
     violence, sexual assault, or stalking;
       ``(C) is determined by the Center for Security and 
     Integrity of the Social Security Administration, which is 
     responsible for requests for changes of information in social 
     security accounts as of May 1, 2005, to have been a victim of 
     battery, extreme cruelty, domestic violence, dating violence, 
     sexual assault or stalking under section 422.110 of title 20, 
     Code of Federal Regulations; or
       ``(D) has received a prima facie determination or an 
     approved petition as a VAWA self-petitioner (as defined in 
     section 101(a)(51) of the Immigration and Nationality Act);
       ``(E) has received a bona fide determination or an approved 
     application under subparagraph (T) of section 101(a)(15);
       ``(F) has received interim relief or an approved 
     application under subparagraph (U) of section 101(a)(15);
       ``(G) has received continued presence or certification 
     under section 107 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7105);
       ``(H) meets the requirements of section 240A(b)(2) of the 
     Immigration and Nationality Act; or
       ``(I) qualifies for relief under section 244(a)(3) of such 
     Act (as in effect on March 31, 1997).
       ``(2) Alternative address.--To meet the requirements of 
     this section, a State may issue drivers' licenses by--
       ``(A) accepting any documentation from the entities 
     described in paragraph (1) that distinguishes the alternative 
     address as a substitute to the principal residential address;
       ``(B) printing the alternative address on the applicant's 
     driver's license or identification card; and
       ``(C) entering the alternative address into the state's 
     driver license database.

[[Page 22228]]

       ``(3) Filing and approval of applications.--
       ``(A) Filing.--Victims shall file applications requesting 
     permission to use an alternative address with the Center for 
     Security and Integrity of the Social Security Administration.
       ``(B) Approval.--The Social Security Administration shall 
     issue an approval notice containing the alternative address 
     authorized.
       ``(4) Confidentiality of information.--The Secretary of 
     Health and Human Services and any other official or employee 
     of the Department of Health and Human Services, or 
     administration or bureau thereof, may not--
       ``(A) use the information furnished by the applicant 
     pursuant to an application for alternative address filed 
     under this section for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication whereby the information 
     furnished by any particular individual can be identified; or
       ``(C) permit any person other than the sworn officers and 
     employees of the Department or administration or bureau to 
     access such information.
       ``(5) Definitions.--For the purposes of this section--
       ``(A) the term `State address confidentiality program' 
     means any State-authorized or State-administered program 
     that--
       ``(i) allows victims of domestic violence, dating violence, 
     sexual assault, stalking, or a severe form of trafficking to 
     keep, obtain and use alternative addresses; or
       ``(ii) that provides confidential record-keeping regarding 
     the addresses of such victims;
       ``(B) the term `battering or extreme cruelty' has the 
     meanings given the term in sections 204, 216, and 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1154, 1186a, and 
     1229a); and
       ``(C) the terms `domestic violence', `dating violence', 
     `sexual assault', and `stalking' have the meanings given the 
     terms in section 2008 of the Violence Against Women Act.''.

     SEC. 828. RULEMAKING.

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

          Subtitle D--International Marriage Broker Regulation

     SEC. 831. SHORT TITLE.

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

     SEC. 832. DEFINITIONS.

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

     SEC. 833. REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

       (a) Prohibition on Marketing Children.--An international 
     marriage broker shall not provide any United States client or 
     other person with the personal contact information, 
     photograph, or general information about the background or 
     interests of any individual under the age of 18.
       (b) Limitations on Sharing Information Regarding Foreign 
     National Clients.--
       (1) In general.--An international marriage broker shall not 
     provide any United States client or other person with the 
     personal contact information of any foreign national client 
     or other individual 18 years of age or older unless and until 
     the international marriage broker has--
       (A) collected certain background information from the 
     United States client or other person to whom the personal 
     contact information would be provided, as specified in 
     subsection (c);
       (B) provided a copy of that background information to the 
     foreign national client or other individual in the primary 
     language of that client or individual;
       (C) provided to the foreign national client or other 
     individual in such primary language the information about 
     legal rights and resources available to immigrant victims of 
     domestic violence and other crimes in the United States 
     developed under section 834;
       (D) received from the foreign national client or other 
     individual in such primary language a written consent that is 
     signed (including using an electronic signature) to release 
     such personal contact information to the specific United 
     States client or other person to whom the personal contact 
     information would be provided; and
       (E) informed the United States client or other person from 
     whom background information has been collected that, after 
     filing a petition for a K nonimmigrant visa, the United 
     States client or other person will be subject to a criminal 
     background check.
       (2) Confidentiality after order of protection or crime.--
       (A) Nondisclosure of information regarding individuals with 
     protection orders and victims of crimes.--In fulfilling its 
     obligations under this subsection, an international marriage 
     broker shall not disclose the name or location of an 
     individual who obtained a restraining or protection order as 
     described in subsection (c)(2)(A), or of any other victim of 
     a crime as described in subparagraphs (B) through (D) of 
     subsection (c)(2).
       (B) Disclosure of information regarding united states 
     clients.--An international marriage broker shall disclose the 
     relationship of the United States client or other person to 
     an individual or victim described in paragraph (A).
       (c) Obligations of International Marriage Broker With 
     Respect to Mandatory Collection of Information.--
       (1) In general.--Each international marriage broker shall 
     collect the background information listed in paragraph (2) 
     from each United States client or other person to whom the 
     personal contact information of a foreign national client or 
     any other individual would be provided. The background 
     information must be in writing and signed (including using an 
     electronic signature) by the United States client or other 
     person to whom the personal contact information of a foreign 
     national client or any other individual would be provided.
       (2) Required background information.--An international 
     marriage broker shall collect from a United States client or 
     other person under paragraph (1) background information about 
     each of the following:
       (A) Any court order restricting the client's or person's 
     physical contact or communication with or behavior towards 
     another person, including any temporary or permanent civil 
     restraining order or protection order.
       (B) Any arrest or conviction of the client or person for 
     homicide, murder, manslaughter, assault, battery, domestic 
     violence, rape, sexual assault, abusive sexual contact, 
     sexual exploitation, incest, child abuse or neglect, torture, 
     trafficking, peonage, holding hostage, involuntary servitude, 
     slave trade, kidnapping, abduction, unlawful criminal 
     restraint, false imprisonment, stalking, or any similar 
     activity in violation of Federal, State or local criminal 
     law.
       (C) Any arrest or conviction of the client or person for--
       (i) solely or principally engaging in, or facilitating, 
     prostitution;
       (ii) any direct or indirect attempts to procure prostitutes 
     or persons for the purpose of prostitution; or

[[Page 22229]]

       (iii) any receipt, in whole or in part, of the proceeds of 
     prostitution.
       (D) Any arrest or conviction of the client or person for 
     offenses related to controlled substances or alcohol.
       (E) Marital history of the client or person, including--
       (i) whether the client or individual is currently married;
       (ii) whether the client or person has previously been 
     married and how many times;
       (iii) how previous marriages of the client or person were 
     terminated and the date of termination; and
       (iv) whether the client or person has previously sponsored 
     the immigration of an alien to whom the client or person was 
     engaged or married.
       (F) The ages of any children of the client or person under 
     the age of 18.
       (G) All States in which the client or person has resided 
     since the age of 18.
       (d) Penalties.--
       (1) Federal civil penalty.--
       (A) Violation.--An international marriage broker that 
     violates subsection (a), (b), or (c) is subject to a civil 
     penalty of not less than $20,000 for each such violation.
       (B) Procedures for imposition of penalty.--The Secretary of 
     Homeland Security may impose a penalty under paragraph (A) 
     only after notice and an opportunity for an agency hearing on 
     the record in accordance with subchapter II of chapter 5 of 
     title 5, United States Code.
       (2) Federal criminal penalty.--An international marriage 
     broker that violates subsection (a), (b), or (c) within the 
     special maritime and territorial jurisdiction of the United 
     States shall be fined in accordance with subchapter B of 
     chapter 229 of title 18, United States Code, or imprisoned 
     for not less than 1 year and not more than 5 years, or both.
       (3) State enforcement.--In any case in which the Attorney 
     General of a State has reason to believe that an interest of 
     the residents of that State has been, or is threatened to be, 
     adversely affected by a violation of subsection (a), (b), or 
     (c) by an international marriage broker, the State, as parens 
     patriae, may bring a civil action on behalf of the residents 
     of the State in a district court of the United States with 
     appropriate jurisdiction to--
       (A) enjoin that practice;
       (B) enforce compliance with this section; or
       (C) obtain damages.
       (4) Additional remedies.--The penalties and remedies under 
     this subsection are in addition to any other penalties or 
     remedies available under law.
       (e) Nonpreemption.--Nothing in this section shall preempt--
       (1) any State law that provides additional protections for 
     aliens who are utilizing the services of an international 
     marriage broker or other international matchmaking 
     organization; or
       (2) any other or further right or remedy available under 
     law to any party utilizing the services of an international 
     marriage broker or other international matchmaking 
     organization.
       (f) Repeal of Mail-Order Bride Provision.--Section 652 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1375) is hereby repealed.

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

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

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

       (a) K Nonimmigrant Visa Processing.--Section 214(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(d)) is 
     amended--
       (1) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'' each place it appears;
       (2) by inserting ``(1)'' before ``A visa''; and
       (3) by adding at the end the following:
       ``(2) A United States citizen may not file a petition under 
     paragraph (1) if such a petition filed by that petitioner for 
     another alien fiancee or fiance is pending or has been 
     approved and is still valid.
       ``(3) The Secretary of Homeland Security shall provide to 
     the Secretary of State the criminal background information on 
     a petitioner for a visa under clause (i) or (ii) of section 
     101(a)(15)(K) to which it has access under existing authority 
     in the course of adjudicating the petition.
       ``(4) Each petitioner for a visa under clause (i) or (ii) 
     of section 101(a)(15)(K) shall provide, as part of the 
     petition, in writing and signed under penalty of perjury, 
     information described in section 833(c)(2) of the 
     International Marriage Broker Regulation Act of 2005.
       ``(5) The Secretary of State shall ensure that an applicant 
     for a visa under clause (i) or (ii) of section 
     101(a)(15)(K)--
       ``(A) shall be provided, by mail or electronically--
       ``(i) a copy of the petition for such visa submitted by the 
     United States citizen petitioner; and
       ``(ii) any information that is contained in the background 
     check described in paragraph (3) relating to any court 
     orders, arrests, or convictions described in subparagraphs 
     (A) through (D) of section 833(c)(2) of the International 
     Marriage Broker Regulation Act of 2005;
       ``(B) shall be informed that petitioner information 
     described in subparagraph (A) is based on available records 
     and may not be complete; and

[[Page 22230]]

       ``(C) shall be asked in the primary language of the visa 
     applicant whether an international marriage broker has 
     facilitated the relationship between the visa applicant and 
     the United States petitioner and whether that international 
     marriage broker complied with the requirements of section 833 
     of such Act.
       ``(6) The Secretary shall provide for the disclosure of 
     information described in paragraph (5) to the visa applicant 
     at the consular interview in the primary language of the visa 
     applicant.
       ``(7) The fact that an alien described in clause (i) or 
     (ii) of section 101(a)(15)(K) is aware of any information 
     disclosed under paragraph (5) shall not be used against the 
     alien in any determination of eligibility for relief under 
     this Act or the Violence Against Women Act (Public Law 103-
     322; 108 Stat. 1902), and the amendments made by that Act.
       ``(8) In fulfilling the requirements of paragraph 
     (5)(A)(ii), a consular officer shall not disclose the name or 
     location of any person who obtained a restraining or 
     protective order against the petitioner, but shall disclose 
     the relationship of the person to the petitioner.''.
       (b) Sharing of Certain Information.--Section 222(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1202(f)) shall not 
     be construed to prevent the sharing of information under 
     section 214(d) of such Act (8 U.S.C. 1184(d)).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed after the date of enactment of 
     this Act.

     SEC. 836. STUDY AND REPORT.

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

     SEC. 837. EFFECTIVE DATE.

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

                   TITLE IX--SAFETY FOR INDIAN WOMEN

     SEC. 901. FINDINGS.

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

     SEC. 902. PURPOSES.

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

     SEC. 903. CONSULTATION.

       (a) In General.--The Attorney General shall conduct annual 
     consultations with Indian tribal governments concerning the 
     Federal administration of tribal funds and programs 
     established under this Act, the Violence Against Women Act of 
     1994 (title IV of Public Law 103-322; 108 Stat. 1902) and the 
     Violence Against Women Act of 2000 (division B of Public Law 
     106-386; 114 Stat. 1491).
       (b) Recommendations.--During consultations under subsection 
     (a), the Secretary 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.--

[[Page 22231]]

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

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

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

     ``SEC. 2007. TRIBAL DEPUTY.

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

[[Page 22232]]



     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 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

[[Page 22233]]

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).

                          ____________________