Violence Against Women Act of 2005 - Amends the Violence Against Women Act (VAWA) of 1994, VAWA of 2000 (VAWA-2000), the Omnibus Crime Control and Safe Streets Act of 1968 (OCCSSA), the Public Health Service Act (PHSA), the Social Security Act (SSA), the Higher Education Amendments of 1998, the Victims of Trafficking and Violence Protection Act of 2000, the Safe Homes for Women Act of 1994, the United States Housing Act of 1937, the Cranston-Gonzalez National Affordable Housing Act, the McKinney-Vento Homeless Assistance Act, the Battered Immigrant Women Protection Act of 2000, and the Immigration and Nationality Act (INA) to reauthorize, revise, and establish various programs for prevention and treatment of violence against women, including domestic violence, child abuse, dating violence, sexual assault, and stalking (violence).
Provides for specified VAWA judicial and law enforcement programs, including STOP grants, a stalker database, cyberstalking prevention, and dating violence prohibitions.
Establishes VAWA grant programs: (1) by the Department of Justice (Justice) for assisting children and youth exposed to violence, and for engaging men, women, and youth in preventing violence; and (2) by the Department of Health and Human Services (HHS) for services, education, protection, and justice for young victims of violence, and for research on effective interventions in the healthcare setting.
Revises OCCSSA requirements for Justice grants for violence against women programs, and establishes programs for sexual assault services and for assistance for victims of abuse.
Requires grants for public information campaigns relating to violence prevention. Requires a National Domestic Violence Hotline study.
Revises and reauthorizes: (1) grants under the Higher Education Amendments of 1998 to reduce violence against women on campus; (2) safe havens for children under the Victims of Trafficking and Violence Protection Act of 2000.
Reauthorizes PHSA rape prevention and education programs, including the National Sexual Violence Resource Center. Establishes PHSA grants by HHS for: (1) training and education of health professionals in domestic and sexual violence; (2) fostering public health responses to domestic violence, dating violence, sexual assault, and stalking; and (3) identification and treatment services at community health centers.
Revises SSA requirements for Federal health programs' response to domestic violence, dating violence, sexual assault, and stalking.
Establishes VAWA grant programs to address the housing needs of victims of violence.
Amends the United States Housing Act of 1937 to require: (1) public and Indian housing authority plans to report on programs offered to victims of violence; and (2) certification and confidentiality with respect to victims of violence in the low-income housing assistance voucher and public housing programs.
Requires emergency leave, under VAWA, for employees experiencing domestic or sexual violence.
Sets forth provisions relating to the safety of Indian women.
Supporting Teens through Education and Protection Act of 2005 - STEP Act - Authorizes the Attorney General through the Director of the Office on Violence Against Women (Justice) to make grants to combat domestic violence, dating violence, sexual assault, and stalking in middle and high schools.
Immigrant Victims of Violence Protection Act of 2005 - Revises the Immigration and Nationality Act (INA) and the Battered Immigrant Women Protection Act of 2000 (under VAWA-2000) with respect to victims of violence, including victims of crimes of human trafficking, VAWA petitioners, and children.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2876 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2876
To reauthorize the Violence Against Women Act of 1994.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2005
Mr. Green of Wisconsin (for himself, Mr. Conyers, Ms. Pryce of Ohio,
Ms. Ginny Brown-Waite of Florida, Ms. Solis, Mr. Reichert, Ms. Hart,
Mr. Boustany, Mr. Michaud, Mr. Foley, Mr. Poe, Mrs. Maloney, Mrs.
Capito, Ms. DeLauro, Mrs. Capps, and Ms. Slaughter) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Education and the Workforce,
Energy and Commerce, Financial Services, and Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To reauthorize the Violence Against Women Act of 1994.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violence Against Women
Reauthorization 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. Grant provisions for Violence Against Women Act of 1994.
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. Court training and improvements.
Sec. 105. Full faith and credit improvements.
Sec. 106. Privacy protections for victims of domestic violence, dating
violence, sexual violence, and stalking.
Sec. 107. Stalker database.
Sec. 108. Victim assistants for District of Columbia.
Sec. 109. Preventing cyberstalking.
Sec. 110. Repeat offender provision.
Sec. 111. Prohibiting dating violence.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Violence Against Women programs.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the rural domestic violence and child abuse
enforcement assistance program.
Sec. 204. Assistance for victims of abuse.
Sec. 205. GAO study of National Domestic Violence Hotline.
Sec. 206. Grants for public information campaigns.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Rape prevention and education.
Sec. 302. Services, education, protection and justice for young victims
of violence.
Sec. 303. Grants to reduce violence against women on campus.
Sec. 304. Safe havens.
Sec. 305. Grants to combat domestic violence, dating violence, sexual
assault, and stalking in middle and high
schools.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN
THE HOME
Sec. 401. Preventing violence against women, men, and children.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Purpose.
Sec. 502. Training and education of health professionals in domestic
and sexual violence.
Sec. 503. Grants to foster public health responses to domestic
violence, dating violence, sexual assault,
and stalking grants.
Sec. 504. Improving Federal health programs' response to domestic
violence, dating violence, sexual assault,
and stalking.
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.
TITLE VIII--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE
Sec. 800. Short title; references to VAWA-2000; regulations.
Subtitle A--Victims of Crime
Sec. 801. Conditions applicable to U and T visas.
Subtitle B--VAWA Petitioners
Sec. 811. Definition of VAWA petitioner.
Sec. 812. Self-petitioning for children.
Sec. 813. Access to VAWA protection for children of asylum applicants
under adjustment provisions.
Sec. 814. Eliminating abusers' control over applications for
adjustments of status.
Sec. 815. Clarification of access to naturalization for victims of
domestic violence.
Sec. 816. Prohibition of adverse determinations of admissibility or
deportability based on protected
information.
Subtitle C--Miscellaneous Provisions
Sec. 831. Removing 2 year custody requirement for battered adopted
children.
Sec. 832. Grounds for hardship waiver for conditional permanent
residence for intended spouses.
Sec. 833. Motions to reopen.
Sec. 834. Treatment of battery or extreme cruelty as exceptional
circumstances for failure to appear at
removal proceedings.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Purposes.
Sec. 902. Consultation.
Sec. 903. Analysis and research on violence against Indian women.
Sec. 904. Tracking of violence against Indian women.
Sec. 905. Tribal Division of the Office on Violence Against Women.
SEC. 3. GRANT PROVISIONS FOR VIOLENCE AGAINST WOMEN ACT OF 1994.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding after section 40001 the following:
``SEC. 40002. GRANT PROVISIONS.
``(a) Grant Conditions.--
``(1) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of
adult and minor victims of domestic violence, dating
violence, sexual assault, or stalking, and their
families, grantee and subgrantees under this title
shall reasonably protect the confidentiality and
privacy of persons receiving services.
``(B) Nondisclosure.--Subject to subparagraph (C),
grantees and subgrantees should 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;
and
``(ii) court-generated information and law-
enforcement generated information contained in
secure, governmental registries for protection
order enforcement purposes.
``(2) 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.
``(3) 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.
``(4) 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.
``(5) Evaluation.--Grantees under this Act must collect
data for use to evaluate the effectiveness of the program,
pursuant to the requirements described in paragraph (1)(D).
``(6) Underserved population.--For each grant program under
this Act, the grantee must identify the underserved population
for their area and program. The grantor must ensure that
sufficient funds are given to programs that will address the
underserved populations within the grant program. Underserved
populations will change depending on the program but will
include but not be limited to rural, urban, religious, race and
ethnic factors, language barriers, disabilities, alienage
status, age, or any other factor determined by the Attorney
General to indicate that a population is underserved.
``(7) Community-based organization defined.--In this title,
the term `community-based organization' means an organization
that--
``(A) focuses primarily on violence against women;
``(B) has established a specialized culturally
specific program that addresses violence against women;
``(C) has a primary focus on underserved
communities (and includes representatives from these
communities) and violence against women; or
``(D) obtains violence against women expertise
through collaboration.''.
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)(8)) 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) by striking ``and specifically, for the purposes of--''
and inserting ``, including collaborating with and informing
public officials and agencies in order to develop and implement
policies to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking, and specifically only
for the purposes of--'';
(2) in paragraph (5), by inserting after ``protection
orders are granted,'' the following: ``supporting nonprofit
nongovernmental victim services programs and tribal
organizations in working 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,'';
(3) in paragraph (10), by striking ``and'' after the
semicolon;
(4) in paragraph (11), by striking the period and inserting
``; and''; and
(5) 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) Technical Amendment Relating to Misdesignated Sections.--
(1) Renumbering.--Section 402(2) of Public Law 107-273 (116
Stat. 1789) is amended by striking ``as sections 2006 through
2011, respectively'' and inserting ``as sections 2007 through
2011, respectively''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of Public Law 107-
273.
(d) Clarification of Activities Regarding Underserved
Populations.--Section 2006 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 minorities and racial and ethnic and
other 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 racial and ethnic and other underserved
populations and ensure that monies set aside to fund
services and activities for racial and ethnic and other
underserved populations are distributed equally among
those populations.''.
(e) Tribal and Territorial Setasides.--Section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as
redesignated by subsection (c), is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``5 percent'' and
inserting ``10 percent'';
(B) in paragraph (2), by striking ``\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 ``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;
(F) in paragraph (6), by striking the period and
inserting ``; and''; and
(G) by adding at the end:
``(7) such funds shall remain available until expended.'';
(2) in subsection (c)(3)(B), by inserting after ``victim
services'' the following: ``, of which at least 10 percent
shall be distributed to culturally specific community-based
organizations''; and
(3) 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 provider subgrantees 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.''.
(f) 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), as redesignated by subsection (c), 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, technical assistance, and
data collection relating to the purpose areas of this part to
improve the capacity of grantees, subgrantees and other
entities to offer services and assistance to victims of
domestic violence, sexual assault, stalking, and dating
violence.
``(2) Indian training.--The Director of the Violence
Against Women Office 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.''.
(g) Availability of Forensic Medical Exams.--Section 2010 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
4), as redesignated by subsection (c), 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 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.''.
(h) 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 new section:
``SEC. 2012. POLYGRAPH TESTING PROHIBITION.
``In order to be eligible for grants under this part, a State,
Indian tribal government, or unit of local government must certify
within three years of enactment of the Violence Against Women
Reauthorization Act of 2005 that their laws, policies, or practices
ensure that no law enforcement officer, prosecuting officer or other
government official shall ask or require an adult or child victim of a
sex offense as defined under Federal, Tribal, State, Territorial or
local law to submit to a polygraph examination or similar truth-telling
device or method as a condition for proceeding with the investigation,
charging or prosecution of such an offense. A victim's refusal to
submit to the aforementioned shall not prevent the investigation,
charging or prosecution of the pending case.''.
(i) No Matching Requirement.--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 new section:
``SEC. 2013. NO MATCHING REQUIREMENT FOR CERTAIN GRANTEES.
``No matching funds shall be required for a grant or subgrant made
under this part, if made to a small law enforcement agency (under 20
officers) or to a victim service provider.''.
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 striking ``mandatory
arrest or'';
(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 enhance and support the capacity of victims
services programs to collaborate with and inform efforts by
State and local jurisdictions and public officials and agencies
to develop best practices and policies regarding arrest of
domestic violence, dating violence, sexual assault, and
stalking offenders and to strengthen protection order
enforcement and to reduce or eliminate domestic violence,
dating violence, sexual assault, and stalking.
``(10) 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.
``(11) 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.
``(12) 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 within three years of enactment of the
Violence Against Women Reauthorization Act of 2005 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 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, charging or prosecution 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, charging or prosecution 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 tribe
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, technical assistance, and data collection relating to the
purpose areas of this part to improve the capacity of grantees,
subgrantees 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 minor'';
(C) striking ``domestic violence, stalking, or
sexual assault'' and inserting ``domestic violence,
dating violence, sexual assault, or stalking''; and
(D) inserting at the end the following: ``The
Attorney shall use funds appropriated under this
section only for the purposes described in subsection
(c).'';
(2) in subsection (c), by striking ``private nonprofit
entities, Indian tribal governments'' and inserting
``nonprofit, nongovernmental organizations, Indian tribal
governments and tribal organizations, territorial
organizations'';
(3) in paragraphs (1), (2), and (3) of subsection (c), by
striking ``victims of domestic violence, sexual assault, and
stalking'' wherever it appears and inserting ``victims of
domestic violence, dating violence, sexual assault, and
stalking'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``domestic
violence or sexual assault'' and inserting ``domestic
violence, dating violence, sexual assault, or
stalking'';
(B) by striking paragraphs (2) and (3) 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;
``(3) any person or organization providing legal assistance
through a program funded under subsection (c) has informed and
will continue to inform tribal, State, territorial, or local
domestic violence, dating violence, sexual assault or stalking
organizations and coalitions, as well as appropriate tribal,
State, territorial, and local law enforcement officials of
their work; and''; and
(C) in paragraph (4), by inserting ``dating
violence,'' after ``domestic violence,'';
(5) in subsection (e), by inserting ``dating violence,''
after ``domestic violence,''; and
(6) 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. Funds appropriated under this section shall
remain available until expended and may only be used for the
specific programs and activities described in this section.'';
and
(B) in paragraph (2)--
(i) in subparagraph (A), by--
(I) striking ``5 percent'' and
inserting ``10 percent'';
(II) striking ``programs'' and
inserting ``tribal governments or
tribal organizations'';
(III) inserting ``adult and minor''
after ``that assist''; and
(IV) striking ``domestic violence,
stalking, and sexual assault'' and
inserting ``domestic violence, dating
violence, sexual assault, and
stalking''; and
(ii) in subparagraph (B), by striking
``technical assistance to support projects
focused solely or primarily on providing legal
assistance to victims of sexual assault'' and
inserting ``technical assistance in civil and
crime victim matters to adult and minor victims
of sexual assault''.
SEC. 104. 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 the
following purposes--
``(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, non-
governmental organizations to improve implementation and
enforcement of relevant Federal, State, tribal, territorial and
local law;
``(4) to enable 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 and linguistically and culturally specific
services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim advocates,
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 (such as
interpreters) to improve community access, including
enhanced access for racial and ethnic communities and
racial and ethnic and other underserved populations (as
described in section 40002); and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking; and
``(5) to provide technical assistance to tribal, Federal,
State, 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) tribal, Federal, State, territorial or local
courts or court-based pro grams; and
``(B) national, tribal, State, 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 section 41003, 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. EVALUATION.
``(a) In General.--The Attorney General, through the Director of
the Office on Violence Against Women, may evaluate the grants funded
under section 41002.
``(b) Tribal Grantees.--Evaluation of tribal grantees under this
section shall be conducted by entities with expertise in Federal Indian
law and tribal court practice.
``SEC. 41005. NATIONAL EDUCATIONAL 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 such issues, the curricula shall be developed by the
primary grantee in partnership with an organization having such
expertise.
``SEC. 41006. 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. 41007. 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. 41008. 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
youth victims of dating violence, domestic violence, sexual assault,
and stalking 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 youth victims of
domestic violence, dating violence, sexual assault, and stalking.
``(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 enable entities to jointly carry out cross
training and other collaborative initiatives that seek to carry
out the purposes of this section. Amounts appropriated under
this section may only be used for programs and activities
described under subsection (c).
``(2) Grant periods.--Grants shall be awarded under this
section for a period of 3 fiscal years.
``(3) Eligible entities.--To be eligible for a grant under
this section, a grant applicant shall establish a collaboration
that shall include--
``(A) a Tribal, State, Territorial or local
juvenile, family, civil, criminal or other trial court
with jurisdiction over domestic violence, dating
violence, sexual assault or stalking cases (hereinafter
referred to as ``courts''); and
``(B) a victim service provider that has experience
in working on domestic violence, dating violence,
sexual assault, or stalking and the effect that those
forms of abuse have on young people.
``(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 to--
``(1) assess and analyze currently available services for
youth victims of domestic violence, dating violence, sexual
assault, and stalking; determine relevant barriers to such
services in a particular locality;
``(2) establish and enhance linkages and collaboration
between courts; domestic violence or sexual assault service
providers, and, where applicable, law enforcement agencies, and
other entities addressing the safety, health, mental health,
social service, housing, and economic needs of youth victims of
domestic violence, dating violence, sexual assault or stalking,
including community-based supports such as schools, local
health centers, community action groups, and neighborhood
coalitions to identify, assess, and respond appropriately to
the varying needs of youth victims of dating violence, domestic
violence, sexual assault or stalking;
``(3) educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the staff
of law enforcement 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, and to understand relevant laws, court
procedures and policies; and
``(4) provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault and stalking and assure necessary services
dealing with the health and mental health of youth 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 law enforcement agencies and religious
and 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 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 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) Reporting and Dissemination of Information.--
``(1) Reports.--Each of the entities that are members of
the applicant collaboration described in subsection (b)(3) and
that receive a grant under this section shall jointly prepare
and submit a report to the Director every 18 months detailing
the activities that the entities have undertaken under the
grant and such additional information as the Director may
require.
``(2) 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--
``(A) the activities implemented by the recipients
of the grants awarded under this section; and
``(B) 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--
``(i) the staffs of courts;
``(ii) domestic violence, dating violence,
sexual assault, and stalking service providers;
and
``(iii) 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. 105. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, are 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) Protection Orders.--Sections 2265 and 2266 of title 18, United
States Code, are amended by striking ``protection order'' each place it
appears and inserting ``protection order, restraining order, or
injunction''.
(d) 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 law enforcement generated
information contained in secure, governmental registries for
protection order enforcement purposes.''.
(e) Definitions.--Section 2266 of title 18, United States Code, is
amended by striking paragraph (5) and inserting the following:
``(5) Protection order, restraining order, or injunction.--
The term `protection order, restraining order, or injunction'
includes--
``(A) any injunction or 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.''.
SEC. 106. 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. TASK FORCE.
``The Attorney General shall establish a task force to review and
report on policies, procedures, and technological issues that may
affect the privacy and confidentiality of victims of domestic violence,
dating violence, stalking and sexual assault. The Attorney General
shall include representatives from States, tribes, territories and
private/non-profit organizations whose mission is to help develop a
best practices model to prevent personally identifying information of
adult and minor victims of domestic violence, dating violence, stalking
and sexual assault from being released to the detriment of such
victimized persons. The Attorney General shall designate one staff
member to work with the task force. The Attorney General is authorzed
to make grants to develop a demonstration project to implement the best
practices identified by the Task Force.
``SEC. 41102. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $1,000,000 for each of fiscal years 2006 through
2010.
``(b) Availability.--Amounts appropriated under this section shall
remain available until expended and may only be used for the specific
programs and activities described in this subtitle.''.
SEC. 107. 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. 108. VICTIM ASSISTANTS FOR DISTRICT OF COLUMBIA.
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. 109. 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. 110. 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)) shall be twice the term otherwise provided for
the violation.''.
SEC. 111. PROHIBITING DATING VIOLENCE.
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''.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. VIOLENCE AGAINST WOMEN PROGRAMS.
(a) Grant Requirements.--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--
(1) in section 2001, by adding at the end the following:
``(d) Funding.--
``(1) Use of funds.--Funds appropriated for grants under
this part may only be used for the specific programs and
activities expressly described in this part.'';
(2) by redesignating section 2004 (42 U.S.C. 3796gg-0b) as
subsection (e) of section 2003;
(3) by redesignating section 2005 (42 U.S.C. 3796gg-0c) as
subsection (f) of section 2003;
(4) by redesignating sections 2002 and 2003 as sections
2003 and 2004, respectively;
(5) by redesignating section 2006 (as added by section
402(3) of the Violence Against Women Office Act) as section
2005;
(6) in section 2005, as redesignated, by adding at the end
the following: ``Any funds so appropriated shall remain
available until expended.''; and
(7) by redesignating section 2007 as section 2002.
(b) Definitions.--Section 2002 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg-2), as redesignated by
subsection (a)(7), is amended--
(1) by redesignating paragraph (8) as paragraph (17);
(2) by redesignating paragraph (7) as paragraph (14);
(3) by redesignating paragraph (6) as paragraph (11);
(4) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively;
(5) by redesignating paragraph (1) as paragraph (2);
(6) by redesignating paragraph (9) as paragraph (1);
(7) by redesignating paragraph (5) as paragraph (9); and
(8) by inserting after paragraph (2), as redesignated, the
following:
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 2006 the following:
``SEC. 2007. SEXUAL ASSAULT SERVICES ACT.
``(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 and minor 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; and
``(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) support mechanisms that are
culturally relevant to the community;
``(v) information and referral to assist
the sexual assault victim and family or
household members;
``(vi) community-based, linguistically, and
culturally-specific service including outreach
activities for racial and ethnic and other
underserved communities and linkages to
existing services in these communities; and
``(vii) the development and distribution of
educational materials on issues related to
sexual assault and the services described in
clauses (i) through (vii).
``(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) Reporting.--Each State and territory receiving a
grant under this subsection shall submit an annual report to
the Attorney General that describes the activities carried out
with such grant funds.
``(5) Allocation of funds.--The Attorney General shall
allocate to each State not less than 0.50 percent of the total
amount so 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) Use of funds.--Funds appropriated under this section
may be used for the purposes described in this section.
``(4) Award basis.--The Attorney General shall award grants
under this section on a competitive basis.
``(5) Distribution.--
``(A) The Attorney General shall not use more than
the 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 organization or
organizations whose primary focus and expertise is in
addressing sexual assault within racial and ethnic
communities.
``(6) Term.--The Attorney General shall make grants under
this section for a period of no less than 3 fiscal years.
``(7) 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 as
determined by the National Center for Injury Prevention
and Control in collaboration with the office or
Violence Against Women at the Department of Justice.
``(2) Use of funds.--Grant funds received under this
subsection may be used to--
``(A) work with local sexual assault programs and
other providers of direct services to encourage
appropriate responses to sexual assault within the
State, territory, or tribe;
``(B) work with judicial and law enforcement
agencies to encourage appropriate responses to sexual
assault cases;
``(C) work with courts, child protective services
agencies, and children's advocates to develop
appropriate responses to child custody and visitation
issues when sexual assault has been determined to be a
factor;
``(D) design and conduct public education
campaigns;
``(E) plan and monitor the distribution of grants
and grant funds to their State, territory, or tribe; or
``(F) collaborate with and inform Federal, State,
or local public officials and agencies to develop and
implement policies to reduce or eliminate sexual
assault.
``(3) Allocation and use of funds.--From amounts
appropriated for grants under this subsection for each fiscal
year--
``(A) not less than 10 percent of the funds shall
be available for grants to tribal sexual assault
coalitions;
``(B) the remaining funds shall be available for
grants to State and territorial coalitions, and the
Attorney General shall allocate an amount equal to \1/
56\ of the amounts so appropriated to the Territories
as defined in section 4002(a)(20) of this Act.
``(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
by such information as the Attorney General determines to be
essential to carry out the purposes of this section.
``(5) Reporting.--Each State or territorial sexual assault
coalition receiving a grant under this subsection shall submit
a report to the Attorney General that describes activities
carried out with such grant funds.
``(6) 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 approved by an Indian tribe 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.
``(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 case
management 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) support mechanisms that are
culturally relevant to the community;
``(vi) collaborating with and informing
public officials and agencies in order to
develop and implement policies to reduce or
eliminate sexual assault; and
``(vii) the development and distribution of
educational materials on issues related to
sexual assault and the services described in
clauses (i) through (vi).
``(3) Reporting.--Each tribe receiving a grant under this
subsection shall submit an annual report to the Attorney
General that describes the activities carried out with such
grant funds.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$60,000,000 for each of the fiscal years 2006 through 2010 to
carry out the provisions of this section. Any amounts so
appropriated shall remain available until expended.
``(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 (c);
``(E) not less than 10 percent shall be used for
grants to tribes under subsection (d); 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
adult and minor domestic violence, sexual assault, dating
violence, and stalking in rural communities, by encouraging
collaboration between--
``(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, and local government services in rural
communities to adult and minor 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 3-year grants, with a possible
extension for an additional 3 years, 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 between 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, 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
40 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 the needs of
racial and ethnic and other underserved populations (as
described in section 40002).
``(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 for grants to
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. ASSISTANCE FOR VICTIMS OF ABUSE.
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. 2011. ASSISTANCE FOR VICTIMS OF ABUSE.
``(a) Grants Authorized.--The Attorney General may award grants to
appropriate entities--
``(1) to provide services for victims of domestic violence
and sexual assault who are 50 years of age or older;
``(2) to increase the physical accessibility of buildings
in which services are or will be rendered for victims of
domestic violence and sexual assault who are 50 years of age or
older;
``(3) 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 to enhance
direct services to such individuals;
``(4) for training programs to assist law enforcement
officers, prosecutors, governmental agencies, victim
assistants, and relevant officers of Federal, State, tribal,
territorial, and local courts in recognizing, addressing,
investigating, and prosecuting instances of adult or minor
domestic violence, dating violence, sexual assault, stalking,
elder abuse, and violence against individuals with
disabilities, including domestic violence and sexual assault,
against older or disabled individuals; and
``(5) for multidisciplinary collaborative community
responses to victims.
``(b) Use of Funds.--Grant funds under this section may be used--
``(1) to implement or expand programs or services to
respond to the needs of persons 50 years of age or older who
are victims of domestic violence, dating violence, sexual
assault, stalking, or elder abuse;
``(2) 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;
``(3) 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;
``(4) to conduct cross-training for victim service
organizations, governmental agencies, and nonprofit,
nongovernmental organizations serving individuals with
disabilities; about risk reduction, intervention, prevention
and the nature of dynamic of domestic violence, dating
violence, stalking, and sexual assault for disabled women and
girls;
``(5) 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;
``(6) 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;
``(7) to rehabilitate facilities, purchase equipment, and
provide personnel so that shelters and victim service
organizations can accommodate the needs of disabled women and
girls;
``(8) to provide advocacy and intervention services for
disabled women and girls who are victims of domestic violence,
dating violence, stalking, or sexual assault through
collaborative partnerships between--
``(A) nonprofit, nongovernmental agencies;
``(B) governmental agencies serving individuals
with disabilities; and
``(C) victim service organizations; or
``(9) 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) a nonprofit, nongovernmental organization
such as a victim services organization, an organization
serving individuals with disabilities or a community-
based organization; and
``(D) a religious organization.
``(2) Limitation.--A grant awarded for the purposes
described in subsection (b) (9) shall only be awarded to an
eligible agency (as defined in section 410 of the
Rehabilitation Act of 1973 (29 USC 796f-5).
``(d) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(e) Reporting.--Not later than 1 year after the last day of the
first fiscal year commencing on or after the date of enactment of this
Act, and not later than 180 days after the last day of each fiscal year
thereafter, the Attorney General shall submit to Congress a report
evaluating the effectiveness of programs administered and operated
pursuant to this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated $28,000,000 for each of the fiscal years 2006 through 2010
to carry out this section.''.
SEC. 205. GAO STUDY OF NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) Study Required.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall conduct a study of
the National Domestic Violence Hotline to determine the effectiveness
of the Hotline in assisting victims of domestic violence.
(b) Issues to Be Studied.--In conducting the study under subsection
(a), the Comptroller General shall--
(1) compile statistical and substantive information about
calls received by the Hotline since its inception, or a
representative sample of such calls, while maintaining the
confidentiality of Hotline callers;
(2) interpret the data compiled under paragraph (1)--
(A) to determine the trends, gaps in services, and
geographical areas of need; and
(B) to assess the trends and gaps in services to
underserved communities and the military community; and
(3) gather other important information about domestic
violence.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study.
SEC. 206. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS.
(a) Grants Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the Director
of the Office on Violence Against Women, shall award grants to
eligible entities described in subsection (b) to carry out
local, regional, or national public information campaigns
focused on addressing adult or minor domestic violence, dating
violence, sexual assault, stalking, or trafficking within
tribal, racial, and ethnic populations and immigrant
communities, including information on services available to
victims and ways to prevent or reduce domestic violence, dating
violence, sexual assault, and stalking.
(2) Term.--The Attorney General shall award grants under
this section for a period of 1 fiscal year.
(b) Eligible Entities.--Eligible entities under this section are--
(1) nonprofit, nongovernmental organizations or coalitions
that represent the targeted tribal, racial, and ethnic
populations or immigrant community that--
(A) have a documented history of creating and
administering effective public awareness campaigns
addressing violence against women; or
(B) work in partnership with an organization that
has a documented history of creating and administering
effective public awareness campaigns addressing
violence against women; or
(2) a governmental entity that demonstrates a partnership
with organizations described in paragraph (1).
(c) Allocation of Funds.--Of the amounts appropriated for grants
under this section--
(1) not more than 20 percent shall be used for national
model campaign materials targeted to specific tribal, racial,
or ethnic populations or immigrant community, including
American Indian tribes and Alaskan native villages for the
purposes of research, testing, message development, and
preparation of materials; and
(2) the balance shall be used for not less than 10 State,
regional, territorial, tribal, or local campaigns targeting
specific communities with information and materials developed
through the national campaign or, if appropriate, new materials
to reach a particularly underserved or isolated community.
(d) Use of Funds.--Funds appropriated under this section shall be
used to conduct a public information campaign and build the capacity
and develop leadership of racial, ethnic populations, or immigrant
community members to address domestic violence, dating violence, sexual
assault, and stalking.
(e) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Director of the Office on
Violence Against Women at such time, in such form, and in such manner
as the Director may prescribe.
(f) Criteria.--In awarding grants under this section, the Attorney
General shall ensure--
(1) reasonable distribution among eligible grantees
representing various racial, ethnic, and immigrant communities;
(2) reasonable distribution among State, regional,
territorial, tribal, and local campaigns;
(3) that not more than 8 percent of the total amount
appropriated under this section for each fiscal year is set
aside for technical assistance.
(g) Reports.--Each eligible entity receiving a grant under this
section shall submit to the Director of the Office of Violence Against
Women, every 18 months, a report that describes the activities carried
out with grant funds.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 per year for 2006
through 2010.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. RAPE PREVENTION AND EDUCATION.
Section 393B(c) of part J of title III of the Public Health Service
Act (42 U.S.C. 280b-1(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. 302. 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 M--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 teen and young adult victims between the
ages of 12 and 24 of domestic violence, dating violence, sexual
assault, and stalking. 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 victims of domestic
violence, dating violence, sexual assault, or stalking;
``(2) a religious or community-based organization that
specializes in working with youth victims of domestic violence,
dating violence, sexual assault, or stalking;
``(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.
``(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 and ethnic and
other underserved populations or linkages to existing
services in the community tailored to the needs of
racial and ethnic and other underserved populations;
``(C) may include mental health services;
``(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 10 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) Reports.--An entity receiving a grant under this section
shall submit to the Secretary every 18 months a report of how grant
funds have been used.
``(g) 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. 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 Attorney General, through the
Violence Against Women Office, 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 $10,000,000 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 Attorney General 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 10 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, whether
or not they are receiving funds under this section.
``(d) Underserved Populations.--In awarding grants under this
section, the Attorney General shall consider the needs of racial and
ethnic and other underserved populations (as described in section
40002).
``(e) Grant Awards.--The Attorney General shall award grants under
this section for periods of not more than 3 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 by--
``(A) increasing the safety, autonomy, capacity,
and financial security of non-abusing parents or
caretakers, including developing service plans and
utilizing community-based services that provide
resources and support to non-abusing parents;
``(B) protecting the safety, security, and well-
being of children by preventing their unnecessary
removal from a non-abusing parent, or, in cases where
removal of the child is necessary to protect the
child's safety, taking the necessary steps to provide
appropriate and community-based services to the child
and the non-abusing parent to promote the safe and
appropriately prompt reunification of the child with
the non-abusing parent;
``(C) recognizing the relationship between child
maltreatment and domestic violence or dating violence
in a family, as well as the impact of and danger posed
by the perpetrators' behavior on both child and adult
victims; and
``(D) holding adult and minor perpetrators of
domestic violence or dating violence, not child and
adult victims of abuse or neglect, accountable for
stopping the perpetrators' abusive behaviors, including
the development of separate service plans, court
filings, or community-based interventions where
appropriate;
``(3) increase cooperation and enhance linkages between
child welfare agencies, domestic violence victim service
providers, courts (including family, criminal, juvenile courts,
or tribal 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 minor
victims and their children, legal assistance and advocacy for
adult and minor 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.
``(h) Grantee Requirements.--
``(1) Applications.--Under this section, an entity shall
prepare and submit to the Attorney General an application at
such time, in such manner, and containing such information as
the Attorney General 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) may include a court;
``(D) may include a law enforcement agency, or
Bureau of Indian Affairs providing tribal law
enforcement; and
``(E) may include any other such agencies or
private nonprofit organizations, including community-
based organizations, with the capacity to provide
effective help to the child and adult victims served by
the collaboration.
``(3) Reports.--Each entity receiving a grant under this
section shall report to the Attorney General every 18 months,
detailing how the funds have been used.''.
SEC. 303. 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)--
(A) by striking the period at the end of the
sentence and inserting ``for periods of 3 years.''; and
(B) 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); and
(D) by redesignating paragraphs (7), (9), and (10)
as paragraphs (6), (7), and (8), respectively;
(3) in subsection (c)--
(A) 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;''; and
(B) in paragraph (3), by adding at the end the
following: ``Up to $200,000 of the total amount of
grant funds appropriated under this section during the
years 2006 through 2010 may be used to provide
technical assistance in complying with the mandatory
reporting requirements of such section 485(f).'';
(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) Confidentiality.--
``(A) Nondisclosure of confidential or private
information.--In order to ensure the safety of adult
and minor victims of domestic violence, dating
violence, sexual assault, or stalking and their
families, grantees and subgrantees under this section
shall reasonably--
``(i) protect the confidentiality and
privacy of persons receiving services under the
grants and subgrants; and
``(ii) not disclose any personally
identifying information, or individual client
information, collected in connection with
services requested, utilized, or denied through
programs provided by such grantees and
subgrantees under this section.
``(B) Consent.--A grantee or subgrantee under this
section shall not reveal personally identifying
information or individual client information collected
as described in subparagraph (A) without the informed,
written, and reasonably time-limited consent of the
person (or, in the case of an unemancipated minor, the
minor and the parent or guardian of the minor) about
whom information is sought, whether for the program
carried out under this section or any other Federal,
State, tribal, or territorial assistance program.
``(C) Compelled release and notice.--If a grantee
or subgrantee under this section is compelled by
statutory or court mandate to disclose information
described in subparagraph (A), the grantee or
subgrantee--
``(i) shall make reasonable attempts to
provide notice to individuals affected by the
disclosure of information; and
``(ii) shall take steps necessary to
protect the privacy and safety of the
individual affected by the disclosure.
``(D) Permissive sharing.--Grantees and subgrantees
under this section may share with each other, in order
to comply with Federal, State, tribal, or territorial
reporting, evaluation, or data collection
requirements--
``(i) aggregate data, that is not
personally identifying information, regarding
services provided to their clients; and
``(ii) demographic information that is not
personally identifying information.
``(E) Court-generated and law enforcement-generated
information.--Grantees and subgrantees under this
section may share with each other--
``(i) court-generated information contained
in secure, governmental registries for
protection order enforcement purposes; and
``(ii) law enforcement-generated
information.
``(F) Definition.--As used in this paragraph, the
term `personally identifying information' means
individually identifying information from or about an
individual, including--
``(i) first and last name;
``(ii) home or other physical address,
including street name and name of city or town;
``(iii) email address or other online
contact information, such as an instant-
messaging user identifier or a screen name that
reveals an individual's email address;
``(iv) telephone number;
``(v) social security number;
``(vi) Internet Protocol (`IP') address or
host name that identifies an individual;
``(vii) persistent identifier, such as a
customer number held in a `cookie' or processor
serial number, that is combined with other
available data that identifies an individual;
or
``(viii) information that, in combination
with the information in any of clauses (i)
through (vii), would serve to identify any
individual, including--
``(I) grade point average;
``(II) date of birth;
``(III) academic or occupational
interests;
``(IV) athletic or extracurricular
interests;
``(V) racial or ethnic background;
or
``(VI) religious affiliation.'';
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. 304. 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 ``public or nonprofit
nongovernmental entities, and to'' after ``may award
grants to'';
(C) by inserting ``dating violence,'' after
``domestic violence,'';
(D) by striking ``to provide'' and inserting the
following:
``(1) to provide'';
(E) by striking the period at the end and inserting
a semicolon; and
(F) 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.''.
SEC. 305. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING IN MIDDLE AND HIGH SCHOOLS.
(a) Short Title.--This section may be cited as the ``Supporting
Teens through Education and Protection Act of 2005'' or the ``STEP
Act''.
(b) Grants Authorized.--The Attorney General, through the Director
of the Office on Violence Against Women, is authorized to award grants
to middle schools and high schools that work with domestic violence and
sexual assault experts to enable the schools--
(1) to provide training to school administrators, faculty,
counselors, coaches, healthcare providers, security personnel,
and other staff on the needs and concerns of students who
experience domestic violence, dating violence, sexual assault,
or stalking, and the impact of such violence on students;
(2) to develop and implement policies in middle and high
schools regarding appropriate, safe responses to, and
identification and referral procedures for, students who are
experiencing or perpetrating domestic violence, dating
violence, sexual assault, or stalking, including procedures for
handling the requirements of court protective orders issued to
or against students or school personnel, in a manner that
ensures the safety of the victim and holds the perpetrator
accountable;
(3) to provide support services for students and school
personnel, such as a resource person who is either on-site or
on-call, and who is an expert described in subsections (i)(2)
and (i)(3), for the purpose of developing and strengthening
effective prevention and intervention strategies for students
and school personnel experiencing domestic violence, dating
violence, sexual assault or stalking;
(4) to provide developmentally appropriate educational
programming to students regarding domestic violence, dating
violence, sexual assault, and stalking, and the impact of
experiencing domestic violence, dating violence, sexual
assault, and stalking on children and youth by adapting
existing curricula activities to the relevant student
population;
(5) to work with existing mentoring programs and develop
strong mentoring programs for students, including student
athletes, to help them understand and recognize violence and
violent behavior, how to prevent it and how to appropriately
address their feelings; and
(6) to conduct evaluations to assess the impact of programs
and policies assisted under this section in order to enhance
the development of the programs.
(c) Award Basis.--The Director shall award grants and contracts
under this section on a competitive basis.
(d) Policy Dissemination.--The Director shall disseminate to middle
and high schools any existing Department of Justice, Department of
Health and Human Services, and Department of Education policy guidance
and curricula regarding the prevention of domestic violence, dating
violence, sexual assault, and stalking, and the impact of the violence
on children and youth.
(e) Nondisclosure of Confidential or Private Information.--In order
to ensure the safety of adult and minor victims of domestic violence,
dating violence, sexual assault, or stalking and their families,
grantees and subgrantees shall protect the confidentiality and privacy
of persons receiving services. Grantees and subgrantees pursuant to
this section shall not disclose any personally identifying information
or individual information collected in connection with services
requested, utilized, or denied through grantees' and subgrantees'
programs. Grantees and subgrantees shall not reveal individual client
information without the informed, written, reasonably time-limited
consent of the person (or in the case of unemancipated minor, the minor
and the parent or guardian) about whom information is sought, whether
for this program or any other Tribal, Federal, State or Territorial
grant program. If release of such information is compelled by statutory
or court mandate, grantees and subgrantees shall make reasonable
attempts to provide notice to victims affected by the disclosure of
information. If such personally identifying information is or will be
revealed, grantees and subgrantees shall take steps necessary to
protect the privacy and safety of the persons affected by the release
of the information. Grantees may share non-personally identifying data
in the aggregate regarding services to their clients and non-personally
identifying demographic information in order to comply with Tribal,
Federal, State or Territorial reporting, evaluation, or data collection
requirements. Grantees and subgrantees may share court-generated
information contained in secure, governmental registries for protection
order enforcement purposes.
(f) Grant Term and Allocation.--
(1) Term.--The Director shall make the grants under this
section for a period of 3 fiscal years.
(2) Allocation.--Not more than 15 percent of the funds
available to a grantee in a given year shall be used for the
purposes described in subsection (b)(4)(D), (b),(5), and
(b)(6).
(g) Distribution.--
(1) In general.--Not less than 5 percent of funds
appropriated under section (l) in any year shall be available
for grants to tribal schools, schools on tribal lands or
schools whose student population is more than 25 percent native
American.
(2) Administration.--The Director shall not use more than 5
percent of funds appropriated under section (l) 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 section (l) in any year shall be available
to provide technical assistance for programs funded under this
section.
(h) Application.--To be eligible to be awarded a grant or contract
under this section for any fiscal year, a middle or secondary school,
in consultation with an expert as described in sections (i)(2) and
(i)(3), shall submit an application to the Director at such time and in
such manner as the Director shall prescribe.
(i) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a partnership that--
(1) shall include a public, charter, tribal, or nationally
accredited private middle or high school, a school administered
by the Department of Defense under 10 U.S.C. 2164 or 20 U.S.C.
921, a group of schools, or a school district;
(2) shall include a domestic violence victim service
provider that has a history of working on domestic violence and
the impact that domestic violence and dating violence have on
children and youth;
(3) shall include a sexual assault victim service provider,
such as a rape crisis center, program serving tribal victims of
sexual assault, or coalition or other nonprofit nongovernmental
organization carrying out a community-based sexual assault
program, that has a history of effective work concerning sexual
assault and the impact that sexual assault has on children and
youth; and
(4) may include a law enforcement agency, the State,
Tribal, Territorial or local court, nonprofit nongovernmental
organizations and service providers addressing sexual
harassment, bullying or gang-related violence in schools, and
any other such agencies or nonprofit nongovernmental
organizations with the capacity to provide effective assistance
to the child, youth, and adult victims served by the
partnership.
(j) Priority.--In awarding grants under this section, the Director
shall give priority to entities that have submitted applications in
partnership with relevant courts or law enforcement agencies.
(k) Reporting and Dissemination of Information.--
(1) Reporting.--Each of the entities that are members of
the applicant partnership described in subsection (i), that
receive a grant under this section shall jointly prepare and
submit to the Director every 18 months a report detailing the
activities that the entities have undertaken under the grant
and such additional information as the Director shall require.
(2) Dissemination of information.--Within 9 months of the
completion of the first full grant cycle, the Director shall
publicly disseminate, including through electronic means, model
policies and procedures developed and implemented in middle and
high schools by the grantees, including information on the
impact the policies have had on their respective schools and
communities.
(l) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $5,000,000 for each of fiscal years
2006 through 2010.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN
THE HOME
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN, MEN, AND CHILDREN.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.), as
amended by section __ of this Act, is amended by adding at the end the
following:
``Subtitle N--Strengthening America's Families by Preventing Violence
Against Women and Children
``SEC. 41401. PURPOSE.
``The purpose of this subtitle is to--
``(1) prevent crimes involving violence against women, men,
children, and youth;
``(2) increase the resources and services available to
prevent violence against women, men, 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
against women and children 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. 41402. 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 3 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of racial and ethnic
and other underserved populations, as defined in
section 2003 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-2);
``(B) awarding not less than 10 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;
``(2) training and coordination 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; or
``(3) advocacy within the systems that serve children to
improve the system's understanding of and response to children
who have been exposed to domestic violence and the needs of the
nonabusing parent.
``(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, child care, 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 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.
``(f) Reports.--An entity receiving a grant under this section
shall prepare and submit to the Director every 18 months a report
detailing the activities undertaken with grant funds, providing
additional information as the Director shall require.
``SEC. 41403. ENGAGING MEN, WOMEN, 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 Secretary 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, women, 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 3 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of racial and ethnic
and other underserved populations (as described in
section 40002);
``(B) with respect to gender-specific programs
described under subsection (c)(1)(A), ensuring
reasonable distribution of funds to programs for boys
and programs for girls;
``(C) awarding not less than 10 percent of such
amounts for the funding of tribal projects from the
amounts made available under this section for a fiscal
year; and
``(D) awarding up to 8 percent for the funding of
technical assistance for grantees and non-grantees
working in this area and evaluation 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 $15,000,000 for each of fiscal
years 2006 through 2010.
``(c) Use of Funds.--
``(1) Programs.--The funds appropriated under this section
shall be used by eligible entities for--
``(A) public education and community based
programs, including gender-specific programs in
accordance with applicable laws--
``(i) to encourage children and youth to
pursue only mutually respectful, nonviolent
relationships and empower them to 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) public education campaigns and community
organizing to encourage men and boys to work as allies
with women and girls to prevent domestic violence,
dating violence, stalking, and sexual assault 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 25 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.
``(f) Reports.--An entity receiving a grant under this section
shall prepare and submit to the Director every 18 months a report
detailing the activities undertaken with grant funds, including an
evaluation of funded programs and providing additional information as
the Director shall require.''.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. 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.
SEC. 502. 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. 503. 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, 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 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 3 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 development or adaptation and
dissemination of education materials for patients and
health care professionals and behavioral and public
health staff.
``(D) The evaluation of practice and the
institutionalization of identification, intervention,
and documentation including quality improvement
measurements.
``(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. 504. IMPROVING FEDERAL HEALTH PROGRAMS' RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) Training Grants Under the Maternal and Child Health Services
Block Grant.--
(1) Preference in certain funding.--Section 502(b)(2) of
the Social Security Act (42 U.S.C. 702(b)(2)) is amended by
adding at the end the following:
``(C) Of the amounts retained for projects described in
subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall
provide preference to qualified applicants that demonstrate that the
activities to be carried out with such amounts include training of
service providers in how to identify and treat the health effects of
domestic violence, dating violence, sexual assault, or stalking,
including children who have been exposed to domestic or dating
violence. Such training should include--
``(i) identifying patients of clients experiencing domestic
violence, dating violence sexual assault, or stalking;
``(ii) assessing the immediate and short-term safety of the
patient or client, the impact of the abuse on the health of the
patient, and assisting the patient in developing a plan to
promote his or her safety;
``(iii) examining and treating such patients or clients
within the scope of the health professional's discipline,
training, and practice (including providing medical advice
regarding the dynamics and nature of domestic violence, dating
violence sexual assault, or stalking);
``(iv) maintaining complete medical or forensic records
that include the documentation of the examination, treatment
given, and referrals made, and recording the location and
nature of the victim's injuries, and establishing mechanisms to
ensure the privacy and confidentiality of those medical
records;
``(v) referring the patient or client to public and private
nonprofit entities that provide services for such victims; and
``(vi) ensuring that all services are provided in a
linguistically and culturally relevant manner.''.
(2) Requirement for portion of expenditures on domestic
violence identification and treatment.--Section 505(a)(5) of
the Social Security Act (42 U.S.C. 705(a)(5)) is amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by inserting after subparagraph (F), the
following:
``(G) the State will set aside a reasonable portion
(based upon the State's previous use of funds under
this title) of the funds provided for domestic
violence, dating violence, sexual assault, or stalking
services.''.
(3) Reporting data.--Section 506(a)(2) of the Social
Security Act (42 U.S.C. 706(a)(2)) is amended by inserting
after subparagraph (E) the following:
``(F) Information on how funds provided under this title
are used to identify and treat domestic violence, dating
violence, sexual assault, or stalking.''.
(4) Separate program for domestic violence, dating
violence, sexual assault, and stalking identification and
treatment.--Title V of the Social Security Act (42 U.S.C. 701
et seq.) is amended by adding at the end the following:
``SEC. 511. SEPARATE PROGRAM FOR DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT AND STALKING SCREENING AND TREATMENTS.
``(a) Allotments.--For the purpose described in subsection (b), the
Secretary shall, for fiscal year 2006 and each subsequent fiscal year,
allot to each State that has transmitted an application for the fiscal
year under section 505(a) an amount equal to the product of--
``(1) the amount appropriated under subsection (d) for the
fiscal year; and
``(2) the percentage determined for the State under section
502(c)(1)(B)(ii).
``(b) Purpose.--The purpose of an allotment under subsection (a)
with respect to a State is to enable the State to provide for domestic
violence, dating violence, sexual assault, or stalking identification
and treatment, including the provision of domestic violence, dating
violence, sexual assault, or stalking identification, treatment
services, increasing the number of persons identified, assessed,
treated, and referred, and including training of health care
professionals, and behavioral and public health staff, on how to
identify and respond to adult and minor patients experiencing domestic
violence, dating violence, sexual assault, or stalking. Such training
shall include--
``(1) identifying patients of clients experiencing domestic
violence, dating violence sexual assault, or stalking;
``(2) assessing the immediate and short-term safety of the
patient or client, the impact of the abuse on the health of the
patient, and assisting the patient in developing a plan to
promote his or her safety;
``(3) examining and treating such patients or clients
within the scope of the health professional's discipline,
training, and practice (including providing medical advice
regarding the dynamics and nature of domestic violence, dating
violence sexual assault, or stalking);
``(4) maintaining complete medical or forensic records that
include the documentation of the examination, treatment given,
and referrals made, and recording the location and nature of
the victim's injuries, and establishing mechanisms to ensure
the privacy and confidentiality of those medical records;
``(5) referring the patient or client to public and private
nonprofit entities that provide services for such victims; and
``(6) ensuring that all services are provided in a
linguistically and culturally relevant manner.
``(c) Application of Provisions.--
``(1) In general.--Sections 503, 507, and 508 apply to
allotments under subsection (a) to the same extent and in the
same manner as such sections apply to allotments under section
502(c).
``(2) Secretarial discretion.--Sections 505 and 506 apply
to allotments under subsection (a) to the extent determined by
the Secretary to be appropriate.
``(d) Authorization of Appropriations.--For the purpose of making
allotments under subsection (a), there are authorized to be
appropriated $4,000,000 for each of fiscal years 2006 through 2010.''.
(b) Domestic Violence, Dating Violence, Sexual Assault, and
Stalking Identification and Treatment Services at Community Health
Centers.--Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.), as amended by section 504, is further amended by
adding at the end the following:
``SEC. 399P-1. DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND
STALKING PREVENTION, IDENTIFICATION, AND TREATMENT
GRANTS.
``(a) Grants Authorized.--The Secretary is authorized to award
grants to eligible entities to improve the identification and treatment
of domestic violence, dating violence, sexual assault, or stalking.
``(b) Use of Funds.--Grants awarded under subsection (a) may be
used for activities such as--
``(1) the implementation, dissemination, and evaluation of
policies and procedures to guide health care and behavioral
health care professionals and other staff responding to
domestic violence, dating violence, sexual assault, or
stalking;
``(2) the provision of training and follow-up technical
assistance to health care professionals and staff to identify
domestic violence, dating violence, sexual assault, or
stalking, and to appropriately assess, treat, and refer
patients who are victims of domestic violence, dating violence,
sexual assault, or stalking; and
``(3) 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 staff to address these issues or
by contracting with or hiring domestic violence or sexual
assault advocates to provide the services, or by developing
other models appropriate to the geographic, cultural, and
linguistic needs of a site.
``(c) Eligibility.--To be eligible for a grant under this section,
an entity shall--
``(1) be a federally qualified health center as defined in
section 1861(aa)(4) of the Social Security Act (42 U.S.C.
1395x(aa)(4)); and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and accompanied by such information
as the Secretary may require.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $4,000,000 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 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 O--Addressing the Housing Needs of Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking
``SEC. 41501. 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 and 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. 41502. 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)); and
``(7) 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. 41503. 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 3 years to eligible
entities to develop long-term housing options for adult and
minor 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 $50,000 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 $150,000 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 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, including religious and
community based organizations, with the capacity to provide
effective help to adult and minor 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 describe how long-
term housing options and other activities, services, and
programs for which assistance under this section is sought will
help deconcentrate poverty and how they will be developed and
implemented with the input of current or former homeless
victims of domestic violence, dating violence, sexual assault,
or stalking.
``(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 minor 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 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 under
paragraph (3) must fund projects that include construction.
``(f) Reports.--Every 18 months, each entity shall, in cooperation
and coordination with all members of the entity, submit a report to the
Secretary of Health and Human Services.
``(g) Definitions.--For purposes of this section--
``(1) the term `long-term housing' means housing that is
sustainable, 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).
``(h) Evaluation, Monitoring, Administration, and Technical
Assistance.--For purposes of this section--
``(1) up to 3 percent of the funds appropriated under
subsection (i) for each fiscal year may be used by the
Secretary of Health and Human Services for evaluation,
monitoring, and administration costs under this section; and
``(2) up to 8 percent of the funds appropriated under
subsection (i) for each fiscal year may be used to provide
technical assistance to grantees under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out the provisions of this section.
``SEC. 41504. GRANTS TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE,
SEXUAL ASSUALT, AND STALKING 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) development and implementation of appropriate housing
policies and practices;
``(2) enhancement of collaboration with victim service
providers and tenant organizations; and
``(3) 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 3 years to
eligible grantees to promote the full and equal access to and
use of housing by adult and minor 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 be used only for
the purposes described in subsections (f) and (i).
``(c) Eligible Grantees.--
``(1) In general.--Eligible grantees are--
``(A) public housing agencies;
``(B) principally managed public housing resident
management corporations, as determined by the
Secretary;
``(C) public housing projects owned by public
housing agencies;
``(D) agencies and authorities receiving assistance
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
``(E) private, for-profit, and nonprofit owners or
managers of assisted housing.
``(2) Submission required for all grantees.--To receive
assistance under this section, an eligible grantee shall
certify that--
``(A) its policies and practices do not prohibit or
limit a resident's right to summon police or other
emergency assistance in response to domestic violence,
dating violence, sexual assault, or stalking;
``(B) programs and services are developed that give
a preference in admission to adult and minor 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, 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 2 years 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 information 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's children 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 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 or changes;
``(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) Reports.--Each eligible entity receiving funds under this
section shall submit a report to the Attorney General evaluating the
effectiveness of the activities, services, and programs developed with
the funds provided under this section and containing such additional
information as the Attorney General may prescribe.
``(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.
``(i) Technical Assistance.--Up to 12 percent of the amount
appropriated under subsection (h) for each fiscal year shall be used by
the Attorney General for technical assistance costs under this section.
Technical assistance may be provided to entities that have not received
a grant under this section but are described as eligible in subsection
(c).''.
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 striking ``Indian tribes'' and inserting
``tribal organizations'';
(C) 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
(D) 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.'';
(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 minors,
adults, or their dependents in any or all of the
support services offered them.'' after ``assistance.'';
and
(E) by adding at the end the following new
paragraph:
``(4) Amounts to supplement other federal funds.--Amounts
made available under this section shall be used to supplement
and not supplant other Federal and non-Federal funds expended
to further the purpose of this section.'';
(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 (D); and
(C) by inserting after subparagraph (A) the
following new subparagraphs:
``(B) describe how the input of current or former
homeless victims of domestic violence, dating violence,
sexual assault, or stalking will be used to develop and
implement the programs, services, and other activities
described in subsection (b);
``(C) 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. Funds authorized to be appropriated
under this subsection shall remain available until
expended.'';
(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 10 percent of the total
amount appropriated in any fiscal year shall be
allocated to tribal organizations serving adult
and minor 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 and ethnic and 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 minor
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 minor 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 minor 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
shall make reasonable efforts 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 minor or an adult
victim of domestic violence, dating violence, sexual
assault, or stalking, or is the parent or guardian of a
minor 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 minor or adult victims of
domestic violence, dating violence, sexual assault, or
stalking or are the parents or guardians of minor
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) Definition.--As used in this paragraph, the
term `personally identifying information' means
individually identifying information from or about an
individual including--
``(i) first and last name;
``(ii) a home or other physical address,
including street name and name of city or town;
``(iii) an email address or other online
contact information, such as an instant
messaging user identifier or a screen name that
reveals an individual's email address;
``(iv) a telephone number;
``(v) a social security number;
``(vi) an Internet Protocol (`IP') address
or host name that identifies an individual;
``(vii) a persistent identifier, such as a
customer number held in a `cookie' or processor
serial number, that is combined with other
available data that identifies an individual;
and
``(viii) any other information, including,
but not limited to, grade point average, date
of birth, academic or occupational interests,
athletic or extracurricular interests, racial
or ethnic background, or religious affiliation,
that, in combination with any of the above,
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, sexual assault, 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, sexual assault, 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 a minor child of the
tenant is a victim of domestic violence, dating
violence, sexual assault, 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, consistent with applicable State law, 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 acctual
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;
(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 `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, sexual assault, 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
(C) in paragraph (7)(D), by inserting after
``termination of tenancy'' the following: ``; except
that (i) criminal activity relating to domestic
violence, dating violence, sexual assault, 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, sexual
assault, 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, consistent
with applicable State law, 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 accutal 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, sexual
assault, 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, sexual assault, 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
an 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.--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 but is not mandated to do so.
``(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 such
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, sexual
assault, 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, sexual assault, 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,
sexual assault, 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 laws, 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, consistent with
applicable State law, 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, sexual
assault, 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, 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.--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
but is not mandated to do so.
``(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, sexual assault, 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);
``(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; and
``(D) 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).''.
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 M the
following:
``Subtitle Q--Assistance for Individuals Experiencing Domestic or
Sexual Violence
``CHAPTER 1--EMERGENCY LEAVE
``SEC. 41701. 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; and
``(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.
``SEC. 41702. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR
SEXUAL VIOLENCE.
``(a) Leave Requirement.--
``(1) Basis.--An employee who is a victim of domestic or
sexual violence may use accrued or existing 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 services from a victim service
provider for the employee or the employee's family or
household member;
``(C) obtaining psychological or other counseling
for the employee or the employee's family or household
member;
``(D) participating in safety planning, temporarily
or permanently relocating, or taking other actions to
increase the safety of the employee or the employee's
family or household member from future domestic or
sexual violence or ensure economic security; or
``(E) 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 15 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 because of injury.
``(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) a sworn statement of the employee;
``(B) 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;
``(C) a police or court record; or
``(D) 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 10 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.--
``(i) Issuance.--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.
``(ii) Contents.--An employee may satisfy
the certification requirement of clause (i) by
providing to the employer--
``(I) a sworn statement of the
employee;
``(II) 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;
``(III) a police or court record;
or
``(IV) other corroborating
evidence.
``(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) 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.
``(2) 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.
``(3) 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.
``(4) Solicitor of labor.--The Solicitor of Labor may
appear for and represent the Secretary on any litigation
brought under this subsection.
``(5) 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.
``(6) 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.
``(7) 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. 41703. 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 41703.
``(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. 41704. 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. 41705. 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
41705 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 N 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.
TITLE VIII--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE
SEC. 800. SHORT TITLE; REFERENCES TO VAWA-2000; REGULATIONS.
(a) Short Title.--This title may be cited as ``Immigrant Victims of
Violence Protection Act of 2005''.
(b) References to VAWA-2000.--In this title, the term ``VAWA-2000''
means the Violence Against Women Act of 2000 (division B of Public Law
106-386).
(c) Regulations.-- Not later than 180 days after the date of the
enactment of this Act, the Attorney General, the Secretary of Homeland
Security, and Secretary of State shall promulgate regulations to
implement the provisions contained in the Battered Immigrant Women
Protection Act of 2000 (title V of VAWA-2000) and the amendments made
by (and the provisions of) this title.
Subtitle A--Victims of Crime
SEC. 801. CONDITIONS APPLICABLE TO U AND T VISAS.
(a) Duration of U and T Visas.--
(1) U visas.--Section 214(p) of such Act (8 U.S.C. 1184(p))
is amended by adding at the end the following new paragraph:
``(6) Duration of status.--The authorized period of status
of an alien as a nonimmigrant under section 101(a)(15)(U) shall
be extended on a year-by-year basis upon certification from a
Federal, State or local law enforcement official, prosecutor,
judge, or other Federal, State or local authority investigating
or prosecuting criminal activity described in section
101(a)(15)(U)(iii) that the alien's continued presence in the
United States is required to assist in the investigation or
prosecution of such criminal activity.''.
(2) T visas.--Section 214(o) of such Act (8 U.S.C.
1184(o)), as redesignated by section 8(a)(3) of the Trafficking
Victims Protection Reauthorization Act of 2003 (Public Law 108-
193), is amended by adding at the end the following:
``(7) The authorized period of status of an alien as a nonimmigrant
status under section 101(a)(15)(T) shall be extended on a year-by-year
basis upon certification from a Federal, State or local law enforcement
official, prosecutor, judge, or other Federal, State or local authority
investigating or prosecuting criminal activity relating to human
trafficking that the alien's continued presence in the United States is
required to assist in the investigation or prosecution of such criminal
activity.''.
(b) Permitting Change of Nonimmigrant Status to U and T
Nonimmigrant Status.--
(1) In general.--Section 248 of such 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 new
subsection:
``(b) The limitation based on inadmissibility under section
212(a)(9)(B) and the exceptions specified in numbered paragraphs 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), other than from such classification under
subparagraph (C) or (D) of such section.''.
(2) Conforming amendment.--Section 214(l)(2)(A) of such Act
(8 U.S.C. 1184(l)(2)(A)) is amended by striking ``248(2)'' and
inserting ``248(a)(2)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle B--VAWA Petitioners
SEC. 811. DEFINITION OF VAWA PETITIONER.
(a) In General.--Section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following
new paragraph:
``(51) The term `VAWA petitioner' means an alien whose application
or petition for classification or relief under any of the following
provisions (whether as a principal or as a derivative) has been filed
and has not been denied after exhaustion of administrative appeals:
``(A) Clause (iii) or (iv) 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 (commonly
known as the Cuban Adjustment Act) as a child or spouse who has
been battered or subjected to extreme cruelty.''.
(b) Conforming Amendments.--
(1) Section 212(a)(6)(A)(ii)(I) of such Act (8 U.S.C.
1182(a)(6)(A)(ii)(I)) is amended by striking ``qualifies for
immigrant status under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 204(a)(1)'' and inserting ``is a VAWA
petitioner''.
(2) Section 212(a)(9)(C)(ii) of such Act (8 U.S.C.
1182(a)(9)(C)(ii)) is amended by striking ``to whom the
Attorney General has granted classification under clause (iii),
(iv), or (v) of section 204(a)(1)(A), or classification under
clause (ii), (iii), or (iv) of section 204(a)(1)(B)'' and
inserting ``is a VAWA petitioner''.
(3) Subsections (h)(1)(C) and (g)(1)(C) of section 212 (8
U.S.C. 1182) is amended by striking ``qualifies for
classification under clause (iii) or (iv) of section
204(a)(1)(A) or classification under clause (ii) or (iii) of
section 204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
(4) Section 212(i)(1) of such Act (8 U.S.C. 1182(i)(1)) is
amended by striking ``an alien granted classification under
clause (iii) or (iv) of section 201(a)(1)(A) or clause (ii) or
(iii) of section 204(a)(1)(B)'' and inserting ``a VAWA
petitioner''.
(5) Section 237(a)(1)(H)(ii) of such Act (8 U.S.C.
1227(a)(1)(H)(ii)) is amended by striking ``is an alien who
qualifies for classification under clause (iii) or (iv) of
section 204(a)(1)(A) or clause (ii) or (iii) of section
204(a)(1)(B)'' and inserting ``is a VAWA petitioner''.
(6) Section 240A(b)(4)(B) of such Act (8 U.S.C.
1229b(b)(4)(B)) is amended by striking ``they were applications
filed under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or
(B)(iii) of such Act'' and inserting ``the applicants were VAWA
petitioners''.
(7) Section 245(a) of such Act (8 U.S.C. 1255(a)) is
amended by striking ``under subparagraph (A)(iii), (A)(iv),
(B)(ii), or (B)(iii) of section 204(a)(1) or'' and inserting
``as a VAWA petitioner''.
(8) Section 245(c) of such Act (8 U.S.C. 1255(c)) is
amended by striking ``under subparagraph (A)(iii), (A)(iv),
(A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section
204(a)(1)'' and inserting ``as a VAWA petitioner''.
(9) For additional conforming amendment to section
240(c)(6)(C)(iv)(I) of the Immigration and Nationality Act, see
section 814(a) of this Act.
SEC. 812. SELF-PETITIONING FOR CHILDREN.
(a) Self-Petitioning by Children of Parent-Abusers Upon Death or
Other Termination of Parent-Child Relationship.--
(1) Citizen parents.--Section 204(a)(1)(A)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(iv)) is
amended--
(A) by striking ``or who'' and inserting ``who'';
and
(B) by inserting after ``domestic violence,'' the
following: ``or who was a child of a United States
citizen parent who within the past 2 years (or, if
later, two years after the date the child attains 18
years of age) died or otherwise terminated the parent-
child relationship,''.
(2) Lawful permanent resident parents.--
(A) In general.--Section 204(a)(1)(B)(iii) of such
Act (8 U.S.C. 1154(a)(1)(B)(iii)) is amended--
(i) by striking ``or who'' and inserting
``who''; and
(ii) by inserting after ``domestic
violence,'' the following: ``or who was a child
of a lawful permanent resident resident who
within the past 2 years (or, if later, two
years after the date the child attains 18 years
of age) died or otherwise terminated the
parent-child relationship,''.
(B) Conforming treatment of deceased spouses.--
Section 204(a)(1)(B)(ii)(II)(aa)(CC) of such Act (8
U.S.C. 1154(a)(1)(B)(ii)(II)(aa)(CC)) is amended--
(i) by redesignating subitems (aaa) and
(bbb) as subitems (bbb) and (ccc),
respectively; and
(ii) by inserting before subitem (bbb), as
so redesignated, the following:
``(aaa) whose spouse died within the past 2
years;''.
(3) Effective dates.--
(A) In general.--Subject to subparagraph (B), the
amendment made by paragraphs (1) and (2) shall take
effect on the date of the enactment of this Act.
(B) Transition in case of citizen parents who died
before enactment.--In applying the amendments made by
paragraphs (1) and (2)(A) in the case of an alien whose
citizen parent or lawful permanent resident parent died
or whose parent-child relationship with such parent
terminated during the period beginning on October 28,
1998, and ending on the date of the enactment of this
Act, the following rules apply:
(i) The reference to ``within the past 2
years'' in section 204(a)(1)(A)(iv) or
204(a)(1)(B)(iii), respectively, of the
Immigration and Nationality Act in the matter
inserted by such paragraph is deemed to be a
reference to such period.
(ii) The petition must be filed under such
section within 2 years after the date of the
enactment of this Act (or, if later, 2 years
after the alien's 18th birthday).
(iii) The determination of eligibility for
benefits as a child under such section
(including under section 204(a)(1)(D) of the
Immigration and Nationality Act by reason of a
petition authorized under such section) shall
be determined as of the date of the death of
the citizen parent or lawful permanent resident
parent or the termination of the parent-child
relationship.
(b) Protecting Victims of Child Abuse From Aging Out.--
(1) Clarification regarding continuation of immediate
relative status for children of citizens.--Section
204(a)(1)(D)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(D)(i)(I)) is amended--
(A) by striking ``clause (iv) of section
204(a)(1)(A)'' and inserting ``subparagraph (A)(iv)'';
and
(B) by striking ``a petitioner for preference
status under paragraph (1), (2), or (3) of section
203(a), whichever paragraph is applicable'' and
inserting ``to continue to be treated as an immediate
relative under section 101(b)(2)(A)(i), or a petitioner
for preference status under section 203(a)(3) if
subsequently married,''.
(2) Clarification regarding application to children of
lawful permanent residents.--Section 204(a)(1)(D)(i)(I) of such
Act (8 U.S.C. 1154(a)(1)(D)(i)(I)) is amended --
(A) by inserting after the first sentence the
following new sentence: ``Any child who attains 21
years of age who has filed a petition under
subparagraph (B)(iii) that was filed or approved before
the date on which the child attained 21 year of age
shall be considered (if the child has not been admitted
or approved for lawful permanent residence by the date
the child attained 21 years of age) a petitioner for
preference status under section 203(a)(2), with the
same priority date assigned to the self-petition filed
under such subparagraph.''; and
(B) in the last sentence, by inserting ``in either
such case'' after ``shall be required to be filed''.
(3) Clarification of treatment of derivative children.--
Section 204(a)(1)(D) of such Act is further amended by striking
subclauses (III) and (IV) of clause (i) and by striking clause
(ii) and inserting the following:
``(ii) Subclauses (I) and (II) of clause (i) also shall apply to a
derivative child under subparagraph (A)(iii) or (A)(iv), or under
subparagraph (B)(ii) or (B)(iii), who attains 21 years of age in the
same manner as such subclauses apply to a principal petitioner under
subparagraph (A)(iv), or subparagraph (B)(iii), respectively.''.
(4) Clarification regarding application of cspa protections
to children of citizens.--Section 201(f) of such Act (8 U.S.C.
1151(f)) is amended by adding at the end the following new
paragraph:
``(4) Application to certain vawa petitioners.--Paragraphs
(1) through (3) apply to a petitioner described in clause (iii)
or (iv) of section 204(a)(1)(A). ''.
(5) Effective date.--The amendments made by this subsection
shall apply to applications filed before, on, or after the date
of the enactment of VAWA-2000, except that the amendment made
by paragraph (4) shall apply as if included in the enactment of
the Child Status Protection Act (Public Law 107-208).
(c) Clarification of No Separate Adjustment Application for
Derivative Children.--
(1) In general.--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 new clause:
``(vii) In the case of a petition under clause (ii), (iii), or (iv)
that includes an individual as a derivative child of a principal alien,
no adjustment application other than the adjustment application of the
principal alien shall be required for adjustment of status of the
individual under subsection (a) or (c) of section 245.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply to applications filed before, on, or after such
date.
SEC. 813. ACCESS TO VAWA PROTECTION FOR CHILDREN OF ASYLUM APPLICANTS
UNDER ADJUSTMENT PROVISIONS.
(a) In General.--Section 209(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1159(b)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) was the spouse of a refugee within the meaning of
section 101(a)(42)(A) at the time the asylum application was
granted and who was battered or was the subject of extreme
cruelty perpetrated by such refugee or whose child was battered
or subjected to extreme cruelty by such refugee (without the
active participation of such spouse in the battery or cruelty),
or
``(C) was the child of a refugee within the meaning of
section 101(a)(42)(A) at the time of the filing of the asylum
application and who was battered or was the subject of extreme
cruelty perpetrated by such refugee,''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and--
(1) section 209(b)(3)(B) of the Immigration and Nationality
Act, as added by subsection (a)(2), shall apply to asylum
applications granted before, on, or after such date; and
(2) section 209(b)(3)(C) of such Act, as so added, shall
apply with respect to asylum applications filed before, on, or
after such date.
SEC. 814. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR
ADJUSTMENTS OF STATUS.
(a) Application of Motions to Reopen for All VAWA Petitioners.--
Section 240(c)(6)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1230(c)(6)(C)(iv)) is amended --
(1) in subclause (I), by striking ``under clause (iii) or
(iv) of section 204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B)'' and inserting ``as a VAWA petitioner''; and
(2) in subclause (II), by inserting ``or adjustment of
status'' after ``cancellation of removal''.
(b) Petitioning Rights of Certain Former Spouses Under Cuban
Adjustment.--
(1) In general.--The first section of Public Law 89-732 (8
U.S.C. 1255 note) is amended--
(A) in the last sentence, by striking
``204(a)(1)(H)'' and inserting ``204(a)(1)(J)''; and
(B) 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 the alien demonstrates a connection
between the termination of the marriage and the
battering or extreme cruelty by the Cuban alien.''.
(2) Effective date.--The amendment made by paragraph (1)(A)
shall take effect as if included in the enactment of VAWA-2000.
(c) Effective Date.--Except as otherwise provided in this section,
the amendments made by this section shall take effect on the date of
the enactment of this Act.
SEC. 815. CLARIFICATION OF ACCESS TO NATURALIZATION FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) In General.--Section 319(a) of the Immigration and Nationality
Act (8 U.S.C. 1430(a)) is amended by inserting after ``extreme cruelty
by a United States citizen spouse or parent'' the following: ``,
regardless of whether the lawful permanent resident status was obtained
on the basis of such battery or cruelty''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
applications for naturalization filed before, on, or after the date of
the enactment of this Act.
SEC. 816. PROHIBITION OF ADVERSE DETERMINATIONS OF ADMISSIBILITY OR
DEPORTABILITY BASED ON PROTECTED INFORMATION.
(a) Application to Additional Departments and Other Battered
Aliens.--Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1367) is amended--
(1) in subsection (a), as amended by section 1513(d) of
VAWA-2000--
(A) in the matter before paragraph (1), by striking
``(including any bureau or agency of such Department)''
and inserting ``, or the Secretary of Homeland
Security, the Secretary of State, the Secretary of
Health and Human Services, or the Secretary of Labor or
any other official or employee of the Department of
Homeland Security, the Department of State, the
Department of Health and Human Services, or the
Department of Labor (including any bureau or agency of
any such Department)'';
(B) in paragraph (1)--
(i) in the matter before subparagraph (A),
by striking ``furnished solely by'' and
inserting ``furnished by or derived from
information provided solely by'';
(ii) by striking ``or'' at the end of
subparagraph (D);
(iii) by adding ``or'' at the end of
subparagraph (E);
(iv) by inserting after subparagraph (E)
the following new subparagraph:
``(F) in the case of an alien applying for
continued presence as a victim of trafficking under
section 107(b)(1)(E)(i)(II)(bb) of the Trafficking
Protection Act of 2000 or status under section
101(a)(15)(T) of the Immigration and Nationality Act,
the trafficker or perpetrator,''; and
(v) by striking ``or'' at the end;
(C) in paragraph (2)--
(i) by striking ``of the Department,'' and
inserting ``of any such Department,'';
(ii) by striking ``under clause (iii) or
(iv) of section 204(a)(1)(A), clause (ii) or
(iii) of section 204(a)(1)(B)'' and inserting
``as a VAWA petitioner (as defined in section
101(a)(51) of the Immigration and Nationality
Act), or under''; and
(iii) by striking ``or section 240A(a)(3)
of such Act as an alien (or the part of a
child) who has been battered or subjected to
extreme cruelty.'' and inserting the following:
``, section 101(a)(15)(T), or section
240A(b)(2) of such Act, or section 244(a)(3) of
such Act (as in effect on March 31, 1997), or
for continued presence as a victim of
trafficking under section
107(b)(1)(E)(i)(II)(bb) of the Trafficking
Protection Act of 2000, or any derivative of
the alien;''; and
(iv) by striking the period at the end and
inserting ``; or''; and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) in the case of an alien described in section
101(a)(27)(J) of the Immigration and Nationality Act who has
been abused, neglected, or abandoned, 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 clause (iii)(I) of such section.''; and
(2) in subsection (b)--
(A) in paragraphs (1), by striking ``may provide,
in the Attorney General's discretion'' and inserting
``, Secretary of Homeland Security, Secretary of State,
Secretary of Health and Human Services, and Secretary
of Labor may provide'';
(B) in paragraph (2), by striking ``may provide in
the discretion of the Attorney General'' and inserting
``, Secretary of Homeland Security, Secretary of State,
Secretary of Health and Human Services, and the
Secretary of Labor may provide''; and
(C) in paragraph (5), by striking ``is authorized
to disclose'' and inserting ``, Secretary of Homeland
Security, Secretary of State, Secretary of Health and
Human Services, and Secretary of Labor, or Attorney
General may disclose''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
violations or disclosures made on or after such date.
Subtitle C--Miscellaneous Provisions
SEC. 831. REMOVING 2 YEAR CUSTODY REQUIREMENT FOR BATTERED ADOPTED
CHILDREN.
(a) In General.--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
after ``at least two years'' 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''.
(b) Conforming Naturalization Amendment.--Section 320(a)(3) of such
Act (8 U.S.C. 1431(a)(3)) is amended by inserting before the period at
the end the following: ``or the child is residing in the United States
pursuant to a lawful admission for permanent residence and has been
battered or subject to extreme cruelty by the citizen parent or by a
family member of the citizen parent residing in the same household ''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications pending or filed on or after such date.
SEC. 832. GROUNDS FOR HARDSHIP WAIVER FOR CONDITIONAL PERMANENT
RESIDENCE FOR INTENDED SPOUSES.
(a) In General.--Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``, or''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the alien meets the requirements under
section 204(a)(1)(A)(iii)(II)(aa)(BB) and following the
marriage ceremony has been battered by or was subject
to extreme cruelty perpetrated by his or her intended
spouse and was not at fault in failing to meet the
requirements of paragraph (1).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply as if included in the enactment of VAWA-2000.
SEC. 833. MOTIONS TO REOPEN.
(a) Removal Proceedings.--
(1) In general.--Section 240(c)(6) of the Immigration and
Nationality Act (8 U.S.C. 1230(c)(6)) is amended--
(A) in subparagraph (A), by inserting ``, except
that this limitation shall not apply so as to prevent
the filing of one motion to reopen described in clause
(iv)'' before the period at the end;
(B) in subparagraph (C)(iv), in the matter before
subclause (I), by striking ``The deadline specified in
subsection (b)(5)(C) for filing a motion to reopen does
not apply'' and inserting ``Any limitation under this
section on the deadlines for filing such motions shall
not apply''; and
(C) in subparagraph (C)(iv), by adding after and
below subclause (III) the following new sentence:
``The filing of a motion to reopen under this
clause shall stay the removal of the alien
pending final disposition of the motion
including exhaustion of all appeals if the
motion establishes a prima facie case for the
relief applied for.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act.
(b) Deportation Proceedings.--
(1) In general.--Section 1506(c)(2)(A) of VAWA-2000 is
amended--
(A) in the matter before clause (i), by striking
``Notwithstanding any limitation imposed by law on
motions'' inserting ``Notwithstanding any limitation on
the number of motions, or the deadlines for filing
motions (including the deadline specified in section
242B(c)(3) of the Immigration and Nationality Act
before the title III-A effective date),'';
(B) in the matter before clause (i), by striking
``there is no time limit on the filing of a motion''
and all that follows through ``does not apply'' and
inserting ``such limitations shall not apply to the
filing of a single motion under this subparagraph to
reopen such proceedings''; and
(C) by adding at the end the following:
``The filing of a motion under this subparagraph shall
stay the removal of the alien pending a final
disposition of the motion including the exhaustion of
all appeals if the motion establishes a prima facie
case for the relief applied for.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act .
SEC. 834. TREATMENT OF BATTERY OR EXTREME CRUELTY AS EXCEPTIONAL
CIRCUMSTANCES FOR FAILURE TO APPEAR AT REMOVAL
PROCEEDINGS.
(a) In General.--Section 240(e)(1) of such Act (8 U.S.C.
1230(e)(1)) is amended by inserting ``battery or extreme cruelty of the
alien or any child or parent of the alien or'' after ``exceptional
circumstances (such as''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
a failure to appear that occurs before, on, or after such date.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. 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 under their jurisdiction; and
(3) to ensure that perpetrators of violent crimes committed
against Indian women are held accountable for their criminal
behavior.
SEC. 902. CONSULTATION.
(a) In General.--The Secretary of the Interior and the Attorney
General shall each conduct annual consultations with Indian tribal
governments concerning the Federal administration of tribal funds and
programs established under 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), including consultation concerning--
(1) the timeliness of the Federal grant application and
award processes;
(2) the amounts awarded under each program directly to
tribal governments, tribal organizations, and tribal nonprofit
organizations;
(3) determinations not to award grant funds;
(4) grant awards made in violation of the eligibility
guidelines to a nontribal entity; and
(5) technical assistance grants for tribal grant programs
or programs addressing the safety of Indian women.
(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. 903. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) National Baseline Study.--
(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, shall conduct
a national baseline study to examine violence against Indian
women.
(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.
(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).
(B) Members.--The Director shall appoint to the
task force representatives from--
(i) national tribal domestic violence and
sexual assault nonprofit organizations;
(ii) tribal governments; and
(iii) the National Congress of American
Indians.
(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
findings made in 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 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. 904. 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, including information relating to--
``(1) identification records;
``(2) criminal history records;
``(3) protection orders; and
``(4) wanted person records.''.
(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. 905. TRIBAL DIVISION OF 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 DIVISION.
``(a) In General.--The Director of the Office on Violence Against
Women shall designate one or more employees to be responsible for--
``(1) overseeing and managing the administration of grants
to and contracts with Indian tribes, tribal courts, tribal
organizations, tribal nonprofit organizations and the
territories;
``(2) ensuring that, if a grant under the Act or a contract
pursuant to such a grant is made to an organization to perform
services that benefit more than one 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;
``(3) assisting in the development of Federal policy,
protocols, and guidelines on matters relating to violence
against Indian women;
``(4) advising the Director of the Office on Violence
Against Women concerning policies, legislation, implementation
of laws, and other issues relating to violence against Indian
women;
``(5) representing the Office on Violence Against Women in
the annual consultations under section 905;
``(6) providing assistance to the Department of Justice to
develop policy and to enforce Federal law relating to violence
against Indian women;
``(7) maintaining a liaison with the judicial branches of
Federal, State and tribal governments on matters relating to
violence against Indian women; and
``(8) ensuring 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.
``(b) Authority.--
``(1) In general.--The Director shall ensure that a portion
of the tribal set-aside funds from any grant awarded under 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 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.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Housing and Community Opportunity.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Select Education.