Violence Against Women Act of 2005 - Title I: Enhancing Judicial And Law Enforcement Tools To Combat Violence Against Women - (Sec. 101) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) authorize increased appropriations for FY2006-FY2010 for grants to combat violent crimes against women (STOP grants); (2) revise provisions specifying purposes for grants to include use for underserved populations and for forensic medical exams of sex offense victims; (3) increase set aside amounts for grants to Indian tribal governments and U.S. territories and possessions; (4) allot 3% to 8% of grants for grantee training, technical assistance, and data collection; and (5) prohibit law enforcement officers, prosecutors, or other government officials from requiring sex offense victims to submit to a polygraph examination as a condition for proceeding with an investigation or prosecution of a sex offense.
(Sec. 102) Authorizes increased appropriations for FY2006-FY2010 for the grant program for encouraging arrests and enforcement of protection orders in domestic violence and stalking cases. Expands the scope of such grant program by: (1) including dating violence, sexual assault, and stalking as serious criminal offenses; (2) expanding victim services programs; (3) developing protection order registries; and (4) allocating grant funds specifically for training and technical assistance to grantees.
(Sec. 103) Authorizes appropriations for FY2006-FY2010 for the grant program for legal assistance for victims of domestic violence, dating violence, sexual assault, and stalking. Expands such assistance to include civil and criminal matters and both adult and youth victims.
(Sec. 104) Amends the Department of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1998 to provide access to legal services for certain aliens who are victims of sexual assault or trafficking in the United States or who qualify for immigration relief as crime victims or criminal informants.
(Sec. 105) Violence Against Women Act Court Training and Improvements Act of 2005 - Directs the Attorney General, through the Director of the Office on Violence Against Women (the Director), to develop a national and tribal educational curricula for training of court personnel in domestic violence issues. Authorizes appropriations for FY2006-FY2010.
(Sec. 106) Amends the federal criminal code to: (1) extend interstate enforcement of protection orders to Indian territories; (2) prohibit a state, Indian tribe, or territory from publishing on the Internet information in a domestic violence protection order which is likely to identify a domestic violence victim; and (3) expand the definition of protection order to include injunctions, restraining orders, and domestic relations orders.
(Sec. 107) Authorizes the Attorney General to award grants to ensure privacy protections for victims of domestic violence, sexual violence, stalking, and dating violence. Authorizes appropriations for FY2006-FY2010.
(Sec. 108) Authorizes appropriations for FY2006-FY2010 for the training of parole and probation officers in the management and supervision of released sex offenders.
(Sec. 109) Authorizes appropriations for FY2006-FY2010 for the grant program for stalker and domestic violence databases.
(Sec. 110) Authorizes appropriations for FY2006-FY2010 for victim assistants for the prosecution of sex and domestic violence crimes.
(Sec. 111) Authorizes the Attorney General to award grants to train state and local law enforcement personnel to identify and protect victims of sex trafficking. Authorizes appropriates for FY2006-FY2010.
(Sec. 112) Extends until January 1, 2010, the date by which a court-appointed special advocate shall be available for every victim of child abuse and neglect in the United States. Authorizes background checks of program volunteers.
Increases and extends through FY2010 the authorization of appropriations for the court-appointed special advocate program.
(Sec. 113) Amends the Communications Act of 1934 to include within the prohibitions against certain communications in interstate or foreign commerce communications transmitted by the Internet (e.g., cyberstalking).
(Sec. 114) Revises the definition of "interstate stalking" to include surveillance or intimidation.
(Sec. 115) Amends the federal criminal code to double the applicable penalty for repeat domestic violence or stalking offenders.
(Sec. 116) Amends the federal criminal code to define "dating partner" for purposes of domestic violence and stalking crimes and to include a dating partner as a protected class in defining the crime of interstate domestic violence.
(Sec. 117) Includes the crimes of interstate domestic violence and violating protection orders within the special maritime and territorial jurisdiction of the United States.
(Sec. 118) Expands the definition of "protection order" to: (1) include restraining orders, support, child custody or visitation orders; and (2) protect victims of dating violence, sexual assault, or stalking.
Title II: Improving Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking - (Sec. 202) Amends the Violence Against Women Act, under the Omnibus Crime Control and Safe Streets Act of 1968, to establish a sexual assault services program. Directs the Attorney General to make grants to: (1) states, territories, and tribal entities for rape crisis centers or other programs and projects to assist those victimized by sexual assault; (2) culturally specific community-based organizations for various services on behalf of sexual assault victims; and (3) state, territorial, and tribal sexual assault coalitions. Authorizes appropriations for FY2006-FY2010 for such program.
(Sec. 203) Amends the Safe Homes for Women Act of 1994 to revise the rural domestic violence and child abuse enforcement assistance grants program.
Allots the following minimum portions of program funds: (1) 10% (currently 5%) for grants to Indian tribes or tribal organizations; and (2) 25% for grants that meaningfully address sexual assault in rural communities, with this minimum rising to 30%, 35%, and 40% as appropriations reach specified amounts.
Authorizes appropriations for FY2006-FY2010 for such program.
(Sec. 204) Amends the Violence Against Women Act of 2000 to authorize the Attorney General to award grants to eligible entities to: (1) provide training, consultation, and information on domestic violence, dating violence, stalking, and sexual assault against individuals with disabilities; and (2) enhance direct services to such individuals. Authorizes appropriations for FY2006-FY2010 for such program.
(Sec. 205) Amends the Violence Against Women Act of 1994 to authorize the Attorney General, through the Director, to award grants for training programs and services on behalf of victims of violence or abuse who are 50 years of age or older. Allows such grants to be used for: (1) training programs to assist law enforcement, prosecutors, governmental agencies, victim assistants, and relevant officers of federal, state, tribal, territorial, and local courts in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation, including domestic violence, dating violence, sexual assault, or stalking against such victims; (2) providing or enhancing services for such victims; (3) increasing the physical accessibility of buildings in which services are or will be rendered; (4) creating or supporting multidisciplinary collaborative community responses; and (5) conducting cross-training for victim service organizations, governmental agencies, courts, law enforcement, and nonprofit, nongovernmental organizations serving such victims.
Authorizes appropriations for FY2006-FY2010 for programs under such Act relating to elder abuse, neglect, and exploitation, including domestic violence and sexual assault against older or disabled individuals.
(Sec. 206) Amends the Family Violence Prevention and Services Act to authorize appropriations for FY2006-FY2010 for the National Domestic Violence Hotline.
Requires the entity operating the hotline to provide technology and telecommunication training and assistance for advocates, volunteers, staff, and others affiliated with the hotline so that they are able to use effectively improved equipment made available through the Connections Campaign.
Title III: Services, Protection, and Justice for Young Victims of Violence - (Sec. 302) Amends the Public Health Service Act to authorize appropriations for FY2006-FY2010 for the program of grants to states for rape prevention and education programs. Requires a specified minimum amount of such funds to be reserved for the National Sexual Violence Resource Center. (Current law sets a maximum and lower amount on funds for the center.)
(Sec. 303) Amends the Violence Against Women Act of 1994 to establish the following programs of grants: (1) by the Attorney General, to serve youth between the ages of 12 and 24 who are victims of domestic violence, dating violence, sexual assault, and stalking; (2) by the Attorney General, through the Director, to support collaboration and cross-training among domestic violence or dating violence victim services providers, courts, law enforcement, child welfare agencies, and other related professionals and community organizations, in developing responses and services for young victims, including community-based supports; and (3) by the Secretary of Health and Human Services (HHS), through the Family and Youth Services Bureau, to support collaboration and cross-training among those victim response and service entities to enhance community responses to families where there is both child maltreatment and domestic violence. Authorizes appropriations for FY2006-FY2010 for such grants programs.
(Sec. 304) Amends the Higher Education Amendments of 1998 to authorize appropriations for FY2006-FY2010 for the program of grants to combat violent crimes against women on campuses. Limits maximum amounts of such grants to individual institutions of higher education or to consortia of such institutions. Directs the Attorney General to 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. Revises authorized uses of grants and application requirements.
(Sec. 305) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require state plans to include: (1) an analysis of gender-specific services for the prevention and treatment of juvenile delinquency, including the types of such services available and the need for such services for females; and (2) provision for use of certain funds to develop and adopt policies to prohibit disparate treatment of female juveniles in placement and treatment, and to establish gender-specific services to ensure that female juveniles have access to the full range of health and mental health services, treatment for physical or sexual assault and abuse, education in parenting, education in general, and other training and vocational services.
(Sec. 306) Amends the Victims of Trafficking and Violence Protection Act of 2000 to revise requirements for safe havens for children. Authorizes appropriations for FY2006-FY2010 for such program.
Title IV: Strengthening America's Families by Preventing Violence - (Sec. 401) Amends the Violence Against Women Act of 1994 to authorize the Attorney General, acting through the Director, to make grants to eligible entities to mitigate 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 such violence.
Directs the Attorney General, acting through the Director, to make grants to home visitation programs, in collaboration with law enforcement and victim service providers, to develop and implement model policies and procedures to train home visitation service providers on addressing domestic violence, dating violence, sexual assault, and stalking in families experiencing violence, or at risk of violence, to reduce the impact of that violence on children, maintain safety, improve parenting skills, and break intergenerational cycles of violence.
Directs the Attorney General, acting through the Director, to make grants to eligible entities for programs related to engaging men and youth in preventing domestic violence, dating violence, sexual assault, and stalking by helping them to develop mutually respectful, nonviolent relationships.
Requires the Director, in awarding grants under this title, to consider the needs of underserved populations and to reserve portions of funds for specified programs, tribal entities, and certain purposes.
Authorizes appropriations for FY2006-FY2010 for grants programs under this section.
(Sec. 402) Directs the Secretary of HHS, acting through the National Center for Injury Prevention and Control at the Centers for Disease Control Prevention, to make grants to eligible entities for research to examine prevention and intervention programs to further the understanding of sexual and domestic violence by and against adults, youth, and children. Authorizes appropriations for FY2006-FY2010 for such program.
Title V: Strengthening the Healthcare System's Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking - (Sec. 503) - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Health Resources and Services Administration (HRSA), to award grants to accredited schools of medicine to develop interdisciplinary training and education programs that provide health professions students with an understanding of, and clinical skills pertinent to, domestic violence, sexual assault, and dating violence.
(Sec. 504) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants to eligible entities to strengthen the response of state, tribal, territorial, or local health care systems to domestic violence, dating violence, sexual assault, and stalking.
(Sec. 505) Amends the Violence Against Women Act of 1994 to require the Secretary, acting through the Directors of CDC and HRSA, to 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.
Authorizes appropriations.
Title VI: Housing Opportunities and Safety for Battered Women and Children - (Sec. 601) Amends the Violence Against Women Act of 1994 (VAWA) to establish a new subtitle, Subtitle N: Addressing the Housing Needs of Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.
Directs the Secretary of HHS, acting through the Administration of Children and Families, to: (1) award grants, contracts, or cooperative agreements for a period of at least two years to eligible entities to develop long-term housing options for adult and youth victims of domestic violence, dating violence, sexual assault, and stalking who are currently homeless or at risk for becoming homeless (but prohibits the use of funds for construction, modernization, or renovation); and (2) give priority to linguistically and culturally specific services, and to applications from entities that include a sexual assault service provider; and (3) obligate at least 15% of fiscal year appropriations to tribal organizations. Authorizes FY2006-FY2010 appropriations.
Directs The Attorney General, through the Violence Against Women Office of the Department of Justice, and the Secretary, through the Administration for Children, Youth and Families, to award competitive grants and contracts for not less than two years to eligible grantees to promote the full and equal access to, and use of, public housing by adult and youth victims of domestic violence, dating violence, sexual assault, and stalking. Obligates at least 15% of appropriations for grants to tribally designated housing entities. Sets forth certification and confidentiality provisions. Authorizes FY2006-FY2010 appropriations.
(Sec. 602) Amends VAWA respecting transitional housing assistance grants to: (1) make grants available to victims of dating violence, sexual assault, or stalking; (2) make specified organizations serving such clients eligible grantees; (3) authorize grant use to acquire land or buildings, or to rehabilitate or construct buildings; (4) extend maximum grant assistance to an individual to 24 months; (5) obligate at least 7% of fiscal year appropriations to tribal organizations serving adult and youth victims of domestic violence, dating violence, sexual assault, or stalking, and their dependents; (6) give priority to projects that primarily serve racial, ethnic, or other underserved populations; and (7) increase and authorize appropriations through FY2010.
(Sec. 603) Amends the United States Housing Act of 1937 to require that public housing agency (PHA) five-year plans include a statement of goals, policies, or programs for child and adult victims of domestic violence, dating violence, sexual assault, or stalking.
(Sec. 604) Amends the Cranston-Gonzalez National Affordable Housing Act to require that state and local housing strategies include housing and assistance needs for victims of domestic violence, dating violence, sexual assault, and stalking.
(Sec. 605) Amends the Stewart B. McKinney Homeless Assistance Act to provide for confidentiality with respect to any client whom the Secretary of Housing and Urban Development (HUD), recipient, or subgrantee believes is either a victim of, or parent or gaurdian of a victim of, domestic violence, dating violence, sexual assault, or stalking, and has immediate safety concerns.
(Sec. 606) Amends the United States Housing Act of 1937, with respect to the low-income housing assistance program (Section 8), to provide eligibility, tenancy/eviction, and lease protections for victims of domestic violence, dating violence, or stalking.
States, with respect to the Section 8 voucher program, that: (1) a PHA may not terminate assistance to a participant because of an incident or incidents of actual or threatened domestic violence, dating violence, or stalking against such participant; (2) criminal activity directly relating to domestic violence, dating violence, or stalking shall not be considered a serious or repeated lease violation justifying termination of assistance to the victim or threatened victim; and (3) criminal activity, with exceptions, directly relating to domestic violence, dating violence, or stalking shall not be considered cause for termination of assistance for any participant or immediate member of a participant's family who is a victim of such domestic violence, dating violence, or stalking.
Authorizes an owner, manager, PHA, or assisted housing provider to: (1) request that an individual certify (via a HUD-approved certification form) that he or she is a victim of domestic violence, dating violence, or stalking; and (2) evict an individual for failure to provide such certification. Provides for information confidentiality.
(Sec. 607) Amends the United States Housing Act of 1937 to prohibit a PHA to deny public housing admission to an applicant on the basis that the applicant is or has been a victim of domestic violence, dating violence, or stalking. Sets forth tenant, certification, and confidentiality provisions.
Title VII: Providing Economic Security for Victims of Violence - (Sec. 701) Amends VAWA to authorize the Attorney General, acting through the Director, to award a grant to an eligible nonprofit nongovernmental entity or tribal organization to establish and operate a national clearinghouse and resource center on workplace responses to assist victims of domestic and sexual violence. Authorizes appropriations for FY2006-FY2010 for this title.
Title VIII: Protection of Battered and Trafficked Immigrants - Subtitle A: Victims of Crime - (Sec. 801) Amends the Immigration and Nationality Act (INA) respecting T-visa (victims of trafficking) nonimmigrant aliens to: (1) replace references to the Attorney General with references to the Secretary of Homeland Security (Secretary); (2) eliminate language requiring "extreme hardship" for the admission of specified family members accompanying or following to join such an alien; and (3) exempt an alien from the requirement to cooperate with a reasonable request to assist in a trafficking investigation if the person is unable to do so because of psychological or physical trauma.
Amends provisions respecting U-visa (victims of certain abuse from criminal activity) nonimmigrant aliens to: (1) replace references to the Attorney General with references to the Secretary; (2) make aliens who have suffered injury from such criminal activity eligible entrants; (3) make specified family members accompanying or following to join such an alien eligible for admission on the same basis as their T-visa counterparts; and (4) include child abuse and stalking among the criminal activities under such provision.
(Sec. 802) Exempts, for purposes of readmission ineligibility, the period of illegal U.S. presence with respect to an alien who demonstrates a substantial connection between such presence and the alien being a victim of trafficking. Replaces specified references to the Attorney General with references to the Secretary.
(Sec. 803) Makes alien victims of trafficking eligible for status adjustment to permanent resident after two (currently, three) year's presence in the United States.
(Sec. 804) Amends the Trafficking Victims Protection Act of 2000 and INA to replace specified references to the Attorney General with references to the Secretary.
(Sec. 805) Amends INA to extend aging out protection to children who are victims of domestic abuse by a permanent resident parent who have petitioned for permanent resident status prior to becoming 21 years old.
Applies specified age-related immigrant allocation children and immediate relative rules to self-petitioners and derivatives of self-petitioners.
Permits an immigrant son or daughter who qualified to file a petition for immigrant status before reaching 21 years of age but did not do so to petition for such status before reaching 25 years of age if the person can show a connection between such delay and having been battered.
Eliminates from the definition of "child" the two-year custody and residency requirement for adopted children who have been battered or subject to extreme cruelty.
Subtitle B: VAWA Self-Petitioners - (Sec. 811) Amends INA to define "VAWA self-petitioner" as an alien, or a child of an alien, who qualifies for relief under specified provisions of INA, the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act of 1998, the Nicaraguan Adjustment and Central American Relief Act, or the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
(Sec. 812) Authorizes an alien who is a VAWA self-petitioner or eligible for certain relief as a battered spouse to remain in the United States as a fiance/fiancee (K-visa) nonimmigrant alien despite not marrying within the required three-month period if such marriage takes place at a later date.
Exempts a K-visa alien who did not marry within such three-month period from the conditional residency requirement if: (1) the alien married the U.S. citizen petitioner; (2) such petitioner subjected a VAWA self-petitioner to battery or extreme cruelty; and (3) the alien shows a substantial connection between the battery or extreme cruelty and the failure to marry within the three-month period.
(Sec. 813) Makes restrictions for relief under cancellation of removal and under adjustment of status to permanent resident provisions for failure to depart voluntarily from the United States inapplicable to aliens who filed petitions as VAWA self-petitioners or as battered (or subjected to extreme cruelty) spouses or children if such battering or extreme cruelty is substantially connected to the alien's overstaying of the grant of voluntary departure.
Requires that a voluntary departure order include the penalties for noncompliance.
(Sec. 814) Amends removal provisions to include within the definition of "exceptional circumstances" battery or extreme cruelty to the alien or any child or parent of the alien.
States that the Secretary, the Attorney General, and the Secretary of State shall continue to have discretion to consent to an alien's reapplication for admission after a previous order of removal, deportation, or exclusion. Expresses the sense of Congress that the Secretaries and the Attorney General should particularly consider exercising such authority in VAWA cases involving T- or U-visa nonimmigrants, and cases involving cancellation of removal and status adjustment for battered spouses and children.
States that waiver of deportation authority for victims of domestic violence, stalking, or extreme violence may be applied in cancellation of removal proceedings.
(Sec. 815) Amends VAWA to extend VAWA deportation protections to aliens eligible for relief under the Cuban Adjustment Act and the Haitian Refugee Immigration Fairness Act of 1998.
Amends INA to authorize employment for VAWA self-petitioners.
(Sec. 816) Amends the Nicaraguan Adjustment and Central American Relief Act to extend the application period for adjustment of status to permanent resident (through the 18-month period beginning on the date of enactment of this Act) for the spouse or child victim of extreme cruelty or battering by an alien whose status was so adjusted or was eligible for such adjustment.
(Sec. 817) Amends INA to permit self-petitions for permanent resident status by an alien who: (1) is the parent of a U.S. citizen or was a parent of a U.S. citizen who, within the past two years, lost or renounced citizenship status related to an incident of domestic violence or died; (2) is of good moral character; (3) is eligible for immediate relative classification; (4) resides, or has resided, with the citizen daughter or son; and (5) was battered or subject to extreme cruelty by the citizen daughter or son.
(Sec. 818) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to prohibit the the Department of Justice, DHS, or the Department of State from making an adverse determination of admissibility or deportability based solely on information furnished by a trafficker or perpetrator of a crime with respect to an alien applying for T-visa status, a VAWA self-petitioner, or a battered alien.
Subtitle C: Miscellaneous Amendments - (Sec. 821) Amends INA to make T- and U-visas available for four years with an extension if a federal, state, or local law enforcement official, prosecutor, or judge investigating or prosecuting human trafficking or criminal activity certifies that the alien's presence is necessary to assist in such activity's investigation or prosecution.
Authorizes a nonimmigrant classification change to T- or U-visa classification.
Replaces references to the Attorney General with references to the Secretary.
(Sec. 822) Makes specified amendments to physical presence and moral character provisions.
(Sec. 823) Amends the Cuban Adjustment Act to extend for two years (after the death of the Cuban alien or termination of the marriage) the period for a battered alien spouse of such alien to petition for permanent resident status if there is demonstrated a connection between the marriage termination and the battering or extreme cruelty by the Cuban alien.
(Sec. 824) Amends the Haitian Refugee Immigration Fairness Act of 1998 to permit the alien spouse or child of a Haitian alien who is or was eligible for permanent resident status (currently, who was so adjusted) to self-petition for permanent resident status.
(Sec. 825) Exempts battered spouses and children from specified deadlines and limits on the number of motions that may be filed respecting motions to reopen removal or deportation proceedings. States that filing such motion shall stay an alien's removal under either of such proceedings pending final disposition of the motion, including appeals.
(Sec. 826) States that a "special immigrant" juvenile who has been battered, abused, neglected, or abandoned shall not be compelled to contact the alleged abuser (or family member of the alleged abuser) at any stage of applying for such status.
(Sec. 827) Amends the Real ID Act of 2005 to permit a state driver's license or identity card to use an alternative address for a qualifying person who has been subjected to battery, extreme cruelty, domestic violence, dating violence, sexual assault, or stalking.
(Sec. 828) Directs the Attorney General, the Secretary, and the Secretary of State to promulgate implementing regulations for this Act and the Battered Immigrant Women Protection Act of 2000.
Subtitle D: International Marriage Broker Regulation - International Marriage Broker Regulation Act of 2005 - (Sec. 832) Defines specified terms.
(Sec. 833) Prohibits an international marriage broker (marriage broker) from providing any U.S. client with the personal contact information, photograph, or general information about the background or interests of any individual under the age of 18.
Prohibits a marriage broker from providing any U.S. client with the personal contact information of any foreign national client 18 years of age or older until the marriage broker has: (1) collected certain background information from the U.S. client to whom the personal contact information would be provided; (2) provided a copy of such background information to the foreign national client in his or her primary language; (3) provided to the foreign national client in his or her primary language information about legal rights and resources available to immigrant victims of domestic violence and other crimes in the United States; (4) received from the foreign national client in his or her primary language a signed, written consent to release such personal contact information to the specific U.S. client to whom the personal contact information would be provided; and (5) informed the U.S. client from whom background information has been collected that after filing a K-visa petition the U.S. client will be subject to a criminal background check.
Prohibits a marriage broker from disclosing information regarding an individual who obtained a protection order or who was a crime victim. Requires that a marriage broker disclose the relationship of the U.S. client to such individual or crime victim.
Requires that: (1) a marriage broker collect certain background information from each U.S. client to whom the personal contact information of a foreign national client or any other individual would be provided; and (2) such background information be in writing and signed by the U.S. client to whom the personal contact information of a foreign national client or any other individual would be provided.
Sets forth required background information respecting: (1) prostitution- or controlled substance- related arrest or conviction history; (2) marital history; (3) restraining order or protection order history; (4) children under the age of 18; (5) states of residency since the age of 18; and (6) whether the client has previously sponsored an immigrant to whom he or she was married.
Sets forth federal civil and criminal penalties for marriage broker violations. Permits state civil enforcement to enjoin such practice, enforce compliance, or obtain damages. States that such penalties and remedies are in addition to any other penalties or remedies available under law.
Amends INA to repeal the mail-order bride provision.
(Sec. 834) Directs the Secretary, in consultation with the Secretary of State and nonprofit immigrant victim advocacy organizations, to develop and distribute an information pamphlet to ensure the accuracy of information disseminated to: (1) foreign national clients by marriage brokers; and (2) beneficiaries of K-visa petitions.
Sets forth required pamphlet contents respecting: (1) the K-visa and marriage-based immigration process; (2) marriage broker-provided information requirements; (3) illegality of domestic violence, sexual assault, and child abuse in the United States; (4) domestic violence and sexual assault services in the United States; (5) relief available to immigrant victims of crimes under VAWA and INA; (6) legal rights of immigrant victims of crimes in immigration, criminal justice, family law, and other matters; (7) child support obligations; and (8) illegality of knowingly entering into false immigration marriages.
(Sec. 835) Amends INA to set forth new K-visa processing provisions. Provides that: (1) a U.S. citizen may not file a K-visa petition while a petition for another alien fiancee or fiance is pending or has been approved and is still valid; (2) the Secretary shall provide the Secretary of State with any criminal background information on a petitioner; (3) the petitioner shall provide as part of the petition specified background information; (4) the Secretary of State shall ensure that a visa applicant be provided a copy of the petition and specified background information; and (5) the applicant shall be asked in his or her primary language whether an international marriage broker has facilitated the relationship and whether that international marriage broker complied with specified requirements under this Act.
(Sec. 836) Directs the Secretary, through the Bureau of Citizenship and Immigration Services, to report to the appropriate congressional committees respecting the international marriage broker industry in the United States.
Title IX: Safety for Indian Women - (Sec. 903) Directs the Attorney General to conduct annual consultations with Indian tribal governments concerning the federal administration of tribal funds and programs established under this Act, the Violence Against Women Act of 1994, and the Violence Against Women Act of 2000.
Requires the Secretary of HHS and the Attorney General, during such consultations, to solicit recommendations from the Indian tribes concerning: (1) administering tribal funds and programs; (2) enhancing the safety of Indian women from domestic violence, dating violence, sexual assault, and stalking; and (3) strengthening the federal response to such violent crimes.
(Sec. 904) Directs the National Institute of Justice to conduct a national baseline study to: (1) examine violence against Indian women in Indian country; and (2) make recommendations to improve the effectiveness of federal, state, tribal, and local responses to violations involving such violence. Directs the Attorney General to establish a task force to assist with the study and guide implementation of such recommendations. Authorizes appropriations.
Directs the Secretary of HHS to conduct a study to obtain a national projection of: (1) 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 (2) the cost of providing health care for the injuries so described. Authorizes appropriations.
(Sec. 905) Requires the Attorney General to: (1) permit Indian law enforcement agencies, in cases of domestic violence, dating violence, sexual assault, and stalking, to enter information in federal criminal information databases and to obtain information from them; and (2) contract with any interested Indian tribe, tribal organization, or tribal nonprofit organization to develop a national tribal sex offender registry and a tribal protection order registry. Authorizes appropriations.
(Sec. 906) Directs the Attorney General to take certain set asides under this Act and combine them to establish the Safety for Indian Women Formula Grants Program. Requires the Director to combine the monies appropriated under various programs, including the Safe Haven for Children Pilot Program, to create a single formula grant program to enhance the response of Indian tribal governments to address the safety of American Indian and Alaska Native Women.
(Sec. 907) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for the establishment in the Office on Violence Against Women a Deputy Director for Tribal Affairs. Directs the Deputy Director to: (1) ensure that a portion of the tribal set-aside funds from any grant awarded under this Act, the Violence Against Women Act of 1994, or the Violence Against Women Act of 2000 is used to enhance the capacity of Indian tribes to address the safety of Indian women; and (2) ensure that another portion is used to hold offenders accountable.
(Sec. 908) Amends the federal criminal code to include under the term "misdemeanor crime of domestic violence" any offense that is a misdemeanor under Tribal law.
Amends the Indian Law Enforcement Reform Act to authorize employees of the Bureau of Indian Affairs to make an arrest without a warrant for an offense committed in Indian country, if the offense: (1) is a misdemeanor crime of domestic violence, dating violence, stalking, or violation of a protection order; (2) has specified elements of physical force and family relationships; and (3) the employee has reasonable grounds to believe that the person to be arrested has committed, or is committing, the crime.
Amends the federal criminal code to impose criminal penalties upon any person who: (1) commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country; and (2) has a final conviction on at least two separate prior occasions in federal, state, or Indian court for offenses that would be, if subject to federal jurisdiction, an assault, sexual abuse, or serious violent felony against a spouse or intimate partner, or a domestic violence offense.
Title X: DNA Fingerprinting - DNA Fingerprint Act of 2005 - (Sec. 1002) Amends the DNA Identification Act of 1994 to repeal a provision prohibiting the DNA (deoxyribonucleic acid) profiles from arrestees who have not been charged in an indictment or information with a crime from being included in the National DNA Index System.
Requires the Director of the Federal Bureau of Investigation (FBI) to promptly expunge the DNA analysis of a person included in the Index, on the basis of an arrest under U.S. authority if the Attorney General receives, for each charge against the person on the basis of which the analysis was included in the Index, a certified copy of a final court order establishing that such charge has been dismissed, has resulted in an acquittal, or that no charge was filed within the applicable time period. Requires, for expungement by a state of the DNA analysis of a person who has not been convicted of an offense, that the responsible state agency or official receive a certified copy of such a final court order.
Repeals a provision granting authority for a one-time keyboard search of such System by any person authorized to access it.
(Sec. 1003) Permits states or local governments to use grant funds to include within such System DNA samples collected under applicable legal authority (currently, samples taken from individuals convicted of a qualifying state offense).(Sec. 1004) Amends the DNA Analysis Background Elimination Act of 2000 to authorize the Attorney General to: (1) collect DNA samples from individuals who are arrested or from non-U.S. persons who are detained under U.S. authority; and (2) authorize any other federal agency that arrests or detains individuals or supervises individuals facing charges to so collect DNA samples.
(Sec. 1005) Eliminates the exception for sexual abuse offenses to the tolling of the statute of limitations in cases where DNA testing implicates a person in the commission of a felony.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1197 Introduced in Senate (IS)]
1st Session
S. 1197
To reauthorize the Violence Against Women Act of 1994.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2005
Mr. Biden (for himself, Mr. Hatch, Mr. Specter, Mr. Leahy, Mr. DeWine,
Mr. Kohl, Mr. Grassley, Mr. Kennedy, Mrs. Boxer, Ms. Stabenow, Mr.
Schumer, and Mrs. Murray) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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 Act of
2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Universal definitions and grant provisions.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
Sec. 101. Stop grants improvements.
Sec. 102. Grants to encourage arrest and enforce protection orders
improvements.
Sec. 103. Legal assistance for victims improvements.
Sec. 104. Ensuring crime victim access to legal services.
Sec. 105. The Violence Against Women Act court training and
improvements.
Sec. 106. Full faith and credit improvements.
Sec. 107. Privacy protections for victims of domestic violence, dating
violence, sexual violence, and stalking.
Sec. 108. Sex offender management.
Sec. 109. Stalker database.
Sec. 110. Federal victim assistants reauthorization.
Sec. 111. Grants for law enforcement training programs.
Sec. 112. Reauthorization of the Court-Appointed Special Advocate
Program.
Sec. 113. Preventing cyberstalking.
Sec. 114. Criminal provision relating to stalking.
Sec. 115. Repeat offender provision.
Sec. 116. Prohibiting dating violence.
Sec. 117. Prohibiting violence in special maritime and territorial
jurisdiction.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 201. Findings.
Sec. 202. Sexual assault services program.
Sec. 203. Amendments to the rural domestic violence and child abuse
enforcement assistance program.
Sec. 204. Training and services to end violence against women with
disabilities.
Sec. 205. Training and services to end violence against women in later
life.
Sec. 206. Strengthening the national domestic violence hotline.
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
Sec. 301. Findings.
Sec. 302. Rape prevention and education.
Sec. 303. Services, education, protection, and justice for young
victims of violence.
Sec. 304. Grants to reduce violence against women on campus.
Sec. 305. Juvenile justice.
Sec. 306. Safe havens.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
Sec. 401. Preventing violence against women and children.
Sec. 402. Study conducted by the Centers for Disease Control and
Prevention.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Training and education of health professionals in domestic
and sexual violence.
Sec. 504. Grants to foster public health responses to domestic
violence, dating violence, sexual assault,
and stalking grants.
Sec. 505. Research on effective interventions in the healthcare
setting.
TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
Sec. 601. Addressing the housing needs of victims of domestic violence,
dating violence, sexual assault, and
stalking.
Sec. 602. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual
assault, or stalking.
Sec. 603. Public and Indian housing authority plans reporting
requirement.
Sec. 604. Housing strategies.
Sec. 605. Amendment to the McKinney-Vento Homeless Assistance Act.
Sec. 606. Amendments to the low-income housing assistance voucher
program.
Sec. 607. Amendments to the public housing program.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
Sec. 701. Emergency leave.
Sec. 702. Grant for national clearinghouse and resource center on
workplace responses to assist victims of
domestic and sexual violence.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANT WOMEN
Subtitle A--Victims of Crime
Sec. 801. Treatment of spouse and children of victims.
Sec. 802. Presence of victims of a severe form of trafficking in
persons.
Sec. 803. Adjustment of status for victims of trafficking.
Sec. 804. Protection and assistance for victims of trafficking.
Sec. 805. Protecting victims of child abuse.
Sec. 806. Ensuring crime victim access to legal services.
Subtitle B--VAWA Self-Petitioners
Sec. 811. Definition of VAWA self-petitioner.
Sec. 812. Application to fiancees who do not marry within 90-day
period.
Sec. 813. Application in case of voluntary departure.
Sec. 814. Removal proceedings.
Sec. 815. Eliminating abusers' control over applications for
adjustments of status.
Sec. 816. Application for VAWA-related relief.
Sec. 817. Self-petitioning parents.
Sec. 818. VAWA confidentiality nondisclosure.
Subtitle C--Miscellaneous Amendments
Sec. 821. Duration of T and U visas.
Sec. 822. Technical correction to references in application of special
physical presence and good moral character
rules.
Sec. 823. Petitioning rights of certain former spouses under Cuban
adjustment.
Sec. 824. Self-petitioning rights of HRIFA applicants.
Sec. 825. Deportation proceedings.
Sec. 826. Limitations on enforcement.
Sec. 827. Protecting abused juveniles.
Sec. 828. Rulemaking.
TITLE IX--SAFETY FOR INDIAN WOMEN
Sec. 901. Findings.
Sec. 902. Purposes.
Sec. 903. Consultation.
Sec. 904. Analysis and research on violence against Indian women.
Sec. 905. Tracking of violence against Indian women.
Sec. 906. Tribal deputy in the Office on Violence Against Women.
Sec. 907. Enhanced criminal law resources.
Sec. 908. Domestic assault by an habitual offender.
SEC. 3. UNIVERSAL DEFINITIONS AND GRANT PROVISIONS.
(a) In General.--The Violence Against Women Act of 1994 (108 Stat.
1902 et seq.) is amended by adding after section 40001 the following:
``SEC. 40002. DEFINITIONS AND GRANT PROVISIONS.
``(a) Definitions.--In this title:
``(1) Courts.--The term `courts' means any civil or
criminal, tribal, and Alaskan Village, Federal, State, local or
territorial court having jurisdiction to address domestic
violence, dating violence, sexual assault or stalking,
including immigration, family, juvenile, and dependency courts,
and the judicial officers serving in those courts, including
judges, magistrate judges, commissioners, justices of the
peace, or any other person with decisionmaking authority.
``(2) Child maltreatment.--The term `child maltreatment'
means the physical or psychological abuse or neglect of a child
or youth, including sexual assault and abuse.
``(3) Court-based and court-related personnel.--The term
`court-based' and `court-related personnel' mean persons
working in the court, whether paid or volunteer, including--
``(A) clerks, special masters, domestic relations
officers, administrators, mediators, custody
evaluators, guardians ad litem, lawyers, negotiators,
probation, parole, interpreters, victim assistants,
victim advocates, and judicial, administrative, or any
other professionals or personnel similarly involved in
the legal process;
``(B) court security personnel;
``(C) personnel working in related, supplementary
offices or programs (such as child support
enforcement); and
``(D) any other court-based or community-based
personnel having responsibilities or authority to
address domestic violence, dating violence, sexual
assault, or stalking in the court system.
``(4) Domestic violence.--The term `domestic violence'
includes felony or misdemeanor crimes of violence committed by
a current or former spouse of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a
spouse, by a person similarly situated to a spouse of the
victim under the domestic or family violence laws of the
jurisdiction receiving grant monies, or by any other person
against an adult, youth, or child victim who is protected from
that person's acts under the domestic or family violence laws
of the jurisdiction receiving grant monies.
``(5) Dating partner.--The term `dating partner' refers to
a person who is or has been in a social relationship of a
romantic or intimate nature with the abuser, and existence of
such a relationship based on a consideration of--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.
``(6) Dating violence.--The term `dating violence' means
violence committed by a person--
``(A) who is or has been in a social relationship
of a romantic or intimate nature with the victim; and
``(B) where the existence of such a relationship
shall be determined based on a consideration of the
following factors:
``(i) The length of the relationship.
``(ii) The type of relationship.
``(iii) The frequency of interaction
between the persons involved in the
relationship.
``(7) Elder abuse.--The term `elder abuse' means any action
against a person who is 60 years of age or older that
constitutes the willful--
``(A) infliction of injury, unreasonable
confinement, intimidation, or cruel punishment with
resulting physical harm, pain, or mental anguish; or
``(B) deprivation by a person, including a
caregiver, of goods or services that are necessary to
avoid physical harm, mental anguish, or mental illness.
``(8) Indian.--The term `Indian' means a member of an
Indian tribe.
``(9) Indian housing.--The term `Indian housing' means
housing assistance described in the Native American Assistance
and Self-Determination Act of (25 U.S.C. 4101 et seq., as
amended).
``(10) Indian tribe.--The term `Indian tribe' means a
tribe, band, pueblo, nation, or other organized group or
community of Indians, including any Alaska Native village or
regional or village corporation (as defined in, or established
pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
``(11) Indian law enforcement.--The term `Indian law
enforcement' means the departments or individuals under the
direction of the Indian tribe that maintain public order.
``(12) Law enforcement.--The term `law enforcement' means a
public agency charged with policing functions, including any of
its component bureaus (such as governmental victim services
programs), including those referred to in section 3 of the
Indian Enforcement Reform Act (25 U.S.C. 2802).
``(13) Legal assistance.--The term `legal assistance'
includes assistance to adult and youth victims of domestic
violence, dating violence, sexual assault, and stalking in--
``(A) family, tribal, territorial, immigration,
employment, administrative agency, housing matters,
campus administrative or protection or stay away order
proceedings, and other similar matters; and
``(B) criminal justice investigations, prosecutions
and post-trial matters (including sentencing, parole,
and probation) that impact the victim's safety and
privacy.
``(14) Linguistically and culturally specific services.--
The term `linguistically and culturally specific services'
means community-based services that offer full linguistic
access and culturally specific services and resources,
including outreach, collaboration, and support mechanisms
primarily directed toward racial and ethnic populations and
other underserved communities.
``(15) Personally identifying information or personal
information.--The term `personally identifying information' or
`personal information' means individually identifying
information for or about an individual including information
likely to disclose the location of a victim of domestic
violence, dating violence, sexual assault, or stalking,
including--
``(A) a first and last name;
``(B) a home or other physical address;
``(C) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(D) a social security number; and
``(E) any other information, including date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any of
subparagraphs (A) through (D), would serve to identify
any individual.
``(16) Prosecution.--The term `prosecution' means any
public agency charged with direct responsibility for
prosecuting criminal offenders, including such agency's
component bureaus (such as governmental victim services
programs).
``(17) Protection order or restraining order.--The term
`protection order' or `restraining order' includes--
``(A) any injunction, restraining order, or any
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence or contact or
communication with or physical proximity to, another
person, including any temporary or final orders issued
by civil or criminal courts whether obtained by filing
an independent action or as a pendente lite order in
another proceeding so long as any civil order was
issued in response to a complaint, petition, or motion
filed by or on behalf of a person seeking protection;
and
``(B) any support, child custody or visitation
provisions, orders, remedies, or relief issued as part
of a protection order, restraining order, or stay away
injunction pursuant to State, tribal, territorial, or
local law authorizing the issuance of protection
orders, restraining orders, or injunctions for the
protection of victims of domestic violence, dating
violence, sexual assault, or stalking.
``(18) Rural area and rural community.--The term `rural
area' and `rural community' mean--
``(A) any area or community, respectively, no part
of which is within an area designated as a standard
metropolitan statistical area by the Office of
Management and Budget; or
``(B) any area or community, respectively, that
is--
``(i) within an area designated as a
metropolitan statistical area or considered as
part of a metropolitan statistical area; and
``(ii) located in a rural census tract.
``(19) Rural state.--The term `rural State' means a State
that has a population density of 52 or fewer persons per square
mile or a State in which the largest county has fewer than
150,000 people, based on the most recent decennial census.
``(20) Sexual assault.--The term `sexual assault' means any
conduct prescribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the special maritime
and territorial jurisdiction of the United States or in a
Federal prison and includes both assaults committed by
offenders who are strangers to the victim and assaults
committed by offenders who are known or related by blood or
marriage to the victim.
``(21) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person to--
``(A) fear for his or her safety or the safety of
others; or
``(B) suffer substantial emotional distress.
``(22) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and except as otherwise provided, Guam, American Samoa,
the Virgin Islands, and the Northern Mariana Islands.
``(23) State domestic violence coalition.--The term `State
domestic violence coalition' means a program determined by the
Administration for Children and Families under the Family
Violence Prevention and Services Act (42 U.S.C. 10410(b)).
``(24) State sexual assault coalition.--The term `State
sexual assault coalition' means a program determined by the
Center for Injury Prevention and Control of the Centers for
Disease Control and Prevention under the Public Health Service
Act (42 U.S.C. 280b et seq.).
``(25) Territorial domestic violence or sexual assault
coalition.--The term `territorial domestic violence or sexual
assault coalition' means a program addressing domestic violence
that is--
``(A) an established nonprofit, nongovernmental
territorial coalition addressing domestic violence or
sexual assault within the territory; or
``(B) a nongovernmental organization with a
demonstrated history of addressing domestic violence or
sexual assault within the territory that proposes to
incorporate as a nonprofit, nongovernmental territorial
coalition.
``(26) Tribal coalition.--The term `tribal coalition'
means--
``(A) an established nonprofit, nongovernmental
tribal coalition addressing domestic violence and
sexual assault against American Indian and Alaskan
Native women; or
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal
coalitions to address domestic violence and sexual
assault against American Indian and Alaskan Native
women.
``(27) Tribal government.--The term `tribal government'
means--
``(A) the governing body of an Indian tribe; or
``(B) a tribe, band, pueblo, nation, or other
organized group or community of Indians, including any
Alaska Native village or regional or village
corporation (as defined in, or established pursuant to,
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)), that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
``(28) Tribal organization.--The term `tribal organization'
means--
``(A) the governing body of any Indian tribe;
``(B) any legally established organization of
Indians which is controlled, sanctioned, or chartered
by such governing body of a tribe or tribes to be
served, or which is democratically elected by the adult
members of the Indian community to be served by such
organization and which includes the maximum
participation of Indians in all phases of its
activities; or
``(C) any tribal nonprofit organization.
``(29) Underserved populations.--The term `underserved
populations' includes populations underserved because of
geographic location, underserved racial and ethnic populations,
populations underserved because of special needs (such as
language barriers, disabilities, alienage status, or age), and
any other population determined to be underserved by the
Attorney General.
``(30) Victim advocate.--The term `victim advocate' means a
person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault,
stalking, or dating violence under the auspices or supervision
of a victim services program.
``(31) Victim assistant.--The term `victim assistant' means
a person, whether paid or serving as a volunteer, who provides
services to victims of domestic violence, sexual assault,
stalking, or dating violence under the auspices or supervision
of a court or a law enforcement or prosecution agency.
``(32) Victim services or victim service provider.--The
term `victim services' or `victim service provider' means a
nonprofit, nongovernmental organization that assists domestic
violence, dating violence, sexual assault, or stalking victims,
including rape crisis centers, domestic violence women's
shelters, faith-based organizations, and other organizations,
with a documented history of effective work concerning domestic
violence, dating violence, sexual assault, or stalking.
``(33) Youth.--The term `youth' means teen and young adult
victims of domestic violence, dating violence, sexual assault,
or stalking.
``(b) Grant Conditions.--
``(1) Match.--No matching funds shall be required for a
grant or subgrant made under this title for any unit of local
government, tribe, territory, or victim service provider.
``(2) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of
adult, youth, and child victims of domestic violence,
dating violence, sexual assault, or stalking, and their
families, grantee and subgrantees under this title
shall protect the confidentiality and privacy of
persons receiving services.
``(B) Nondisclosure.--Subject to subparagraphs (C)
and (D), grantees and subgrantees shall not--
``(i) disclose any personally identifying
information or individual information collected
in connection with services requested,
utilized, or denied through grantees' and
subgrantees' programs; or
``(ii) reveal individual client information
without the informed, written, reasonably time-
limited consent of the person (or in the case
of an unemancipated minor, the minor and the
parent or guardian or in the case of persons
with disabilities, the guardian) about whom
information is sought, whether for this program
or any other Federal, State, tribal, or
territorial grant program.
``(C) Release.--If release of information described
in subparagraph (B) is compelled by statutory or court
mandate--
``(i) grantees and subgrantees shall make
reasonable attempts to provide notice to
victims affected by the disclosure of
information;
``(ii) grantees and subgrantees shall take
steps necessary to protect the privacy and
safety of the persons affected by the release
of the information; and
``(iii) consent for release may not be
given by the abuser of the minor, person with
disabilities, or the abuser of the other parent
of the minor.
``(D) Information sharing.--Grantees and
subgrantees may share--
``(i) nonpersonally identifying data in the
aggregate regarding services to their clients
and nonpersonally identifying demographic
information in order to comply with Federal,
State, tribal, or territorial reporting,
evaluation, or data collection requirements;
``(ii) court-generated information and law-
enforcement generated information contained in
secure, governmental registries for protection
order enforcement purposes; and
``(iii) law enforcement- and prosecution-
generated information necessary for law
enforcement and prosecution purposes.
``(3) Approved activities.--In carrying out the activities
under this title, grantees and subgrantees may collaborate with
and provide information to Federal, State, local, tribal, and
territorial public officials and agencies to develop and
implement policies to reduce or eliminate domestic violence,
dating violence, sexual assault, and stalking.
``(4) Non-supplantation.--Any Federal funds received under
this title shall be used to supplement, not supplant, non-
Federal funds that would otherwise be available for activities
under this title.
``(5) Use of Funds.--Funds authorized and appropriated
under this title may be used only for the specific purposes
described in this title and shall remain available until
expended.''.
``(c) Reports.--An entity receiving a grant under this title shall
submit to the disbursing agency a report detailing the activities
undertaken with the grant funds, including and providing additional
information as the agency shall require.
``(d) Evaluation.--Federal agencies disbursing funds under this
title shall set aside up to 3 percent of such funds in order to
conduct--
``(1) evaluations of specific programs or projects funded
by the disbursing agency under this title or related research;
or
``(2) evaluations of promising practices or problems
emerging in the field or related research, in order to inform
the agency or agencies as to which programs or projects are
likely to be effective or responsive to needs in the field.''.
(b) Definitions in Crime Control Act.--Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended by inserting before section 2001 the following:
``SEC. 2000. DEFINITIONS.
``In this title the definitions in section 40002 of the Violence
Against Women Act of 1994 shall apply.''.
(c) Definitions in 2000 Act.--Section 1002 of the Violence Against
Women Act of 2002 (42 U.S.C. 3796-gg note) is amended to read as
follows:
``SEC. 1002. DEFINITIONS.
``In this division the definitions in section 40002 of the Violence
Against Women Act of 1994 shall apply.''.
TITLE I--ENHANCING JUDICIAL AND LAW ENFORCEMENT TOOLS TO COMBAT
VIOLENCE AGAINST WOMEN
SEC. 101. STOP GRANTS IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(18) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(18)) is amended by striking ``$185,000,000 for each of fiscal
years 2001 through 2005'' and inserting ``$225,000,000 for each of
fiscal years 2006 through 2010''.
(b) Purpose Area Enhancements.--Section 2001(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg(b)) is amended--
(1) in paragraph (10), by striking ``and'' after the
semicolon;
(2) in paragraph (11), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(12) maintaining core victim services and criminal
justice initiatives, while supporting complementary new
initiatives and emergency services for victims and their
families.''.
(c) Clarification of Activities Regarding Underserved
Populations.--Section 2007 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--
(1) in subsection (c)(2), by inserting before the semicolon
the following: ``and describe how the State will address the
needs of racial and ethnic populations and underserved
populations''; and
(2) in subsection (e)(2), by striking subparagraph (D) and
inserting the following:
``(D) recognize and meaningfully respond to the
needs of underserved populations and ensure that monies
set aside to fund linquistically and culturally
specific services and activities for underserved
populations are distributed equally among those
populations.''.
(d) Tribal and Territorial Setasides.--Section 2007 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``5 percent'' and
inserting ``10 percent'';
(B) in paragraph (2), striking by ``\1/54\'' and
inserting ``\1/56\'';
(C) in paragraph (3), by striking ``and the
coalition for the combined Territories of the United
States, each receiving an amount equal to \1/54\'' and
inserting ``coalitions for Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands, each receiving an amount
equal to 1/56'';
(D) in paragraph (4), by striking ``1/54'' and
inserting ``1/56'';
(E) in paragraph (5), by striking ``and'' after the
semicolon; and
(F) in paragraph (6), by striking the period and
inserting ``; and'';
(2) in subsection (d)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) documentation showing that tribal, territorial, State
or local prosecution, law enforcement, and court and victim
service providers have consulted with tribal, territorial,
State, or local victim services programs during the course of
developing their grant applications in order to ensure that
proposed services, activities and equipment acquisitions are
designed to promote the safety, confidentiality, and economic
independence of victims of domestic violence, sexual assault,
stalking, and dating violence.''.
(e) Training, Technical Assistance, and Data Collection.--Section
2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg-1) is amended by adding at the end the following:
``(i) Training, Technical Assistance, and Data Collection.--
``(1) In general.--Of the total amounts appropriated under
this part, not less than 3 percent and up to 8 percent shall be
available for providing training and technical assistance
relating to the purpose areas of this part to improve the
capacity of grantees, subgrantees and other entities.
``(2) Indian training.--The Director of the Office on
Violence Against Women shall ensure that training or technical
assistance regarding violence against Indian women will be
developed and provided by entities having expertise in tribal
law and culture.''.
(f) Availability of Forensic Medical Exams.--Section 2010 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4)
is amended by adding at the end the following:
``(c) Use of Funds.--A State or Indian tribal government may use
Federal grant funds under this part to pay for forensic medical exams
performed by trained examiners for victims of sexual assault, except
that such funds may not be used to pay for forensic medical exams by
any State or Indian tribal government that requires victims of sexual
assault to seek reimbursement for such exams from their insurance
carriers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a State, Indian tribal government, or territorial
government to require a victim of sexual assault to participate in the
criminal justice system or cooperate with law enforcement in order to
be provided with a forensic medical exam, reimbursement for charges
incurred on account of such an exam, or both.
``(e) Judicial Notification.--
``(1) In general.--A State, Indian tribal government, or
unit of local government shall not be entitled to funds under
this part unless the State, Indian tribal government, or unit
of local government--
``(A) certifies that its judicial administrative
policies and practices include notification to domestic
violence offenders of the requirements delineated in
section 922(g)(8) and (g)(9) of title 18, United States
Code, and any applicable related Federal, State, or
local laws; or
``(B) gives the Attorney General assurances that
its judicial administrative policies and practices will
be in compliance with the requirements of subparagraph
(A) within the later of--
``(i) the period ending on the date on
which the next session of the State legislature
ends; or
``(ii) 2 years.
``(2) Redistribution.--Funds withheld from a State, unit of
local government, or Indian tribal government under subsection
(a) shall be distributed to other States, units of local
government, and Indian tribal governments, pro rata.''.
(g) Polygraph Testing Prohibition.--Part T of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et
seq.) is amended by adding at the end the following:
``SEC. 2012. POLYGRAPH TESTING PROHIBITION.
``(a) In General.--In order to be eligible for grants under this
part, a State, Indian tribal government, territorial government, or
unit of local government must certify within 3 years of the date of
enactment of this section that their laws, policies, or practices
ensure that no law enforcement officer, prosecuting officer or other
government official shall ask or require an adult, youth, or child
victim of an alleged sex offense as defined under Federal, tribal,
State, territorial, or local law to submit to a polygraph examination
or other truth telling device as a condition for proceeding with the
investigation of such an offense.
``(b) Prosecution.--The refusal of a victim to submit to an
examination described in subsection (a) shall not prevent the
investigation, charging, or prosecution of the offense.''.
SEC. 102. GRANTS TO ENCOURAGE ARREST AND ENFORCE PROTECTION ORDERS
IMPROVEMENTS.
(a) Authorization of Appropriations.--Section 1001(a)(19) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(19)) is amended by striking ``$65,000,000 for each of fiscal
years 2001 through 2005'' and inserting ``$75,000,000 for each of
fiscal years 2006 through 2010. Funds appropriated under this paragraph
shall remain available until expended.''.
(b) Grantee Requirements.--Section 2101 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is amended--
(1) in subsection (a), by striking ``to treat domestic
violence as a serious violation'' and inserting ``to treat
domestic violence, dating violence, sexual assault, and
stalking as serious violations'';
(2) in subsection (b)--
(A) in the matter before paragraph (1), by
inserting after ``State'' the following: ``, tribal,
territorial,'';
(B) in paragraph (1), by--
(i) striking ``mandatory arrest or''; and
(ii) striking ``mandatory arrest programs
and'';
(C) in paragraph (2), by--
(i) inserting after ``educational
programs,'' the following: ``protection order
registries,'';
(ii) striking ``domestic violence and
dating violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking. Policies, educational programs,
registries, and training described in this
paragraph shall incorporate confidentiality,
and privacy protections for victims of domestic
violence, dating violence, sexual assault, and
stalking'';
(D) in paragraph (3), by--
(i) striking ``domestic violence cases''
and inserting ``domestic violence, dating
violence, sexual assault, and stalking cases'';
and
(ii) striking ``groups'' and inserting
``teams'';
(E) in paragraph (5), by striking ``domestic
violence and dating violence'' and inserting ``domestic
violence, dating violence, sexual assault, and
stalking'';
(F) in paragraph (6), by--
(i) striking ``other'' and inserting
``civil''; and
(ii) inserting after ``domestic violence''
the following: ``, dating violence, sexual
assault, and stalking''; and
(G) by adding at the end the following:
``(9) To develop State, territorial, or local policies,
procedures, and protocols, and to develop effective methods for
identifying the pattern and history of abuse that indicates
which party is the actual perpetrator of abuse.
``(10) To plan, develop and establish comprehensive victim
service and support centers, such as family justice centers,
designed to bring together victim advocates from non-profit,
non-governmental victim services organizations, law enforcement
officers, prosecutors, probation officers, governmental victim
assistants, forensic medical professionals, civil legal
attorneys, chaplains, legal advocates, representatives from
community-based organizations and other relevant public or
private agencies or organizations into one centralized
location, in order to improve safety, access to services, and
confidentiality for victims and families.
``(11) To develop and implement policies and training for
police, prosecutors, and the judiciary in recognizing,
investigating, and prosecuting instances of sexual assault,
with an emphasis on recognizing the threat to the community for
repeat crime perpetration by such individuals.'';
(3) in subsection (c)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) certify, not later than 3 years after the date of
enactment of this section, that their laws, policies, or
practices ensure that--
``(A) no law enforcement officer, prosecuting
officer or other government official shall ask or
require an adult, youth, or child victim of a sex
offense as defined under Federal, tribal, State,
territorial, or local law to submit to a polygraph
examination or other truth telling device as a
condition for proceeding with the investigation of such
an offense; and
``(B) the refusal of a victim to submit to an
examination described in subparagraph (A) shall not
prevent the investigation of the offense.''; and
(4) by striking subsections (d) and (e) and inserting the
following:
``(d) Allotment for Indian Tribes.--Not less than 10 percent of the
total amount made available for grants under this section for each
fiscal year shall be available for grants to Indian tribal
governments.''.
(c) Applications.--Section 2102(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh-1(b)) is amended in each of
paragraphs (1) and (2) by inserting after ``involving domestic
violence'' the following: ``, dating violence, sexual assault, or
stalking''.
(d) Training, Technical Assistance, Confidentiality.--Part U of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796hh et seq.) is amended by adding at the end the following:
``SEC. 2106. TRAINING AND TECHNICAL ASSISTANCE.
``Of the total amounts appropriated under this part, not less than
5 percent and up to 8 percent shall be available for providing training
and technical assistance relating to the purpose areas of this part to
improve the capacity of grantees and other entities to offer services
and assistance to victims of domestic violence and dating violence.''.
SEC. 103. LEGAL ASSISTANCE FOR VICTIMS IMPROVEMENTS.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C.
3796gg-6) is amended--
(1) in subsection (a), by--
(A) inserting before ``legal assistance'' the
following: ``civil and criminal'';
(B) inserting after ``effective aid to'' the
following: ``adult and youth''; and
(C) inserting at the end the following: ``Criminal
legal assistance provided for under this section shall
be limited to criminal matters relating to domestic
violence, sexual assault, dating violence, and
stalking.'';
(2) in subsection (c), by inserting ``and tribal
organizations, territorial organizations'' after ``Indian
tribal governments'';
(3) in subsection (d)--
(A) by striking paragraph (2) and inserting the
following:
``(2) any training program conducted in satisfaction of the
requirement of paragraph (1) has been or will be developed with
input from and in collaboration with a tribal, State,
territorial, or local domestic violence, dating violence,
sexual assault or stalking organization or coalition, as well
as appropriate tribal, State, territorial, and local law
enforcement officials; and
(B) in paragraph (4), by inserting ``dating
violence,'' after ``domestic violence,'';
(4) in subsection (e), by inserting ``dating violence,''
after ``domestic violence,''; and
(5) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--There is authorized to be appropriated
to carry out this section $65,000,000 for each of fiscal years
2006 through 2010.''; and
(B) in paragraph (2)(A), by--
(i) striking ``5 percent'' and inserting
``10 percent''; and
(ii) inserting ``adult and youth'' after
``that assist''.
SEC. 104. ENSURING CRIME VICTIM ACCESS TO LEGAL SERVICES.
(a) In General.--Section 502 of the Department of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
(1) in subsection (a)(2)(C)--
(A) in the matter preceding clause (i), by striking
``using funds derived from a source other than the
Corporation to provide'' and inserting ``providing'';
(B) in clause (i), by striking ``in the United
States'' and all that follows and inserting ``or a
victim of sexual assault or trafficking in the United
States, or qualifies for immigration relief under
section 101(a)(15)(U) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(U)); or''; and
(C) in clause (ii), by striking ``has been
battered'' and all that follows and inserting ``,
without the active participation of the alien, has been
battered or subjected to extreme cruelty or a victim of
sexual assault or trafficking in the United States, or
qualifies for immigration relief under section
101(a)(15)(U) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(U)).''; and
(2) in subsection (b)(2), by striking ``described in such
subsection'' and inserting ``, sexual assault or trafficking,
or the crimes listed in section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)(iii))''.
(b) Savings Provision.--Nothing in this Act, or the amendments made
by this Act, shall be construed to restrict the legal assistance
provided to victims of trafficking and certain family members
authorized under section 107(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(b)(1)).
SEC. 105. THE VIOLENCE AGAINST WOMEN ACT COURT TRAINING AND
IMPROVEMENTS.
(a) Violence Against Women Act Court Training and Improvements.--
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle J--Violence Against Women Act Court Training and
Improvements
``SEC. 41001. SHORT TITLE.
``This subtitle may be cited as the `Violence Against Women Act
Court Training and Improvements Act of 2005'.
``SEC. 41002. PURPOSE.
``The purpose of this subtitle is to enable the Attorney General,
though the Director of the Office on Violence Against Women, to award
grants to improve court responses to adult and youth domestic violence,
dating violence, sexual assault, and stalking to be used for--
``(1) improved internal civil and criminal court functions,
responses, practices, and procedures;
``(2) education for court-based and court-related personnel
on issues relating to victims' needs, including safety,
security, privacy, confidentiality, and economic independence,
as well as information about perpetrator behavior and best
practices for holding perpetrators accountable;
``(3) collaboration and training with Federal, State, and
local public agencies and officials and nonprofit,
nongovernmental organizations to improve implementation and
enforcement of relevant Federal, State, tribal, territorial,
and local law;
``(4) enabling courts or court-based or court-related
programs to develop new or enhance current--
``(A) court infrastructure (such as specialized
courts, dockets, intake centers, or interpreter
services);
``(B) community-based initiatives within the court
system (such as court watch programs, victim
assistants, or community-based supplementary services);
``(C) offender management, monitoring, and
accountability programs;
``(D) safe and confidential information-storage and
-sharing databases within and between court systems;
``(E) education and outreach programs to improve
community access, including enhanced access for racial
and ethnic communities and underserved populations; and
``(F) other projects likely to improve court
responses to domestic violence, dating violence, sexual
assault, and stalking; and
``(5) providing technical assistance to Federal, State,
tribal, territorial, or local courts wishing to improve their
practices and procedures or to develop new programs.
``SEC. 41003. GRANT REQUIREMENTS.
``Grants awarded under this subtitle shall be subject to the
following conditions:
``(1) Eligible grantees.--Eligible grantees may include--
``(A) Federal, State, tribal, territorial, or local
courts or court-based programs; and
``(B) national, State, tribal, or local private,
nonprofit organizations with demonstrated expertise in
developing and providing judicial education about
domestic violence, dating violence, sexual assault, or
stalking.
``(2) Conditions of eligibility.--To be eligible for a
grant under this section, applicants shall certify in writing
that--
``(A) any courts or court-based personnel working
directly with or making decisions about adult or minor
parties experiencing domestic violence, dating
violence, sexual assault, and stalking have completed
or will complete education about domestic violence,
dating violence, sexual assault, and stalking;
``(B) any education program developed under section
41002 has been or will be developed with significant
input from and in collaboration with a national,
tribal, State, territorial, or local victim services
provider or coalition; and
``(C) the grantee's internal organizational
policies, procedures, or rules do not require mediation
or counseling between offenders and victims physically
together in cases where domestic violence, dating
violence, sexual assault, or stalking is an issue.
``SEC. 41004. NATIONAL EDUCATION CURRICULA.
``(a) In General.--The Attorney General, through the Director of
the Office on Violence Against Women, shall fund efforts to develop a
national education curriculum for use by State and national judicial
educators to ensure that all courts and court personnel have access to
information about relevant Federal, State, territorial, or local law,
promising practices, procedures, and policies regarding court responses
to adult and youth domestic violence, dating violence, sexual assault,
and stalking.
``(b) Eligible Entities.--Any curricula developed under this
section--
``(1) shall be developed by an entity or entities having
demonstrated expertise in developing judicial education
curricula on issues relating to domestic violence, dating
violence, sexual assault, and stalking; or
``(2) if the primary grantee does not have demonstrated
expertise with such issues, shall be developed by the primary
grantee in partnership with an organization having such
expertise.
``SEC. 41005. TRIBAL CURRICULA.
``(a) In General.--The Attorney General, through the Office on
Violence Against Women, shall fund efforts to develop education
curricula for tribal court judges to ensure that all tribal courts have
relevant information about promising practices, procedures, policies,
and law regarding tribal court responses to adult and youth domestic
violence, dating violence, sexual assault, and stalking.
``(b) Eligible Entities.--Any curricula developed under this
section--
``(1) shall be developed by a tribal organization having
demonstrated expertise in developing judicial education
curricula on issues relating to domestic violence, dating
violence, sexual assault, and stalking; and
``(2) if the primary grantee does not have such expertise,
the curricula shall be developed by the primary grantee through
partnership with organizations having such expertise.
``SEC. 41006. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $5,000,000 for each of fiscal years 2006 to 2010.
``(b) Availability.--Funds appropriated under this section shall
remain available until expended and may only be used for the specific
programs and activities described in this subtitle.
``(c) Set Aside.--Of the amounts made available under this
subsection in each fiscal year, not less than 10 percent shall be used
for grants to tribes.''.
SEC. 106. FULL FAITH AND CREDIT IMPROVEMENTS.
(a) Enforcement of Protection Orders Issued by Territories.--
Section 2265 of title 18, United States Code, is amended by--
(1) striking ``or Indian tribe'' each place it appears and
inserting ``, Indian tribe, or territory''; and
(2) striking ``State or tribal'' each place it appears and
inserting ``State, tribal, or territorial''.
(b) Clarification of Entities Having Enforcement Authority and
Responsibilities.--Section 2265(a) of title 18, United States Code, is
amended by striking ``and enforced as if it were'' and inserting ``and
enforced by the court and law enforcement personnel of the other State,
Indian tribal government or Territory as if it were''.
(c) Limits on Internet Publication of Protection Order
Information.--Section 2265(d) of title 18, United States Code, is
amended by adding at the end the following:
``(3) Limits on internet publication of registration
information.--A State, Indian tribe, or territory shall not
publish publicly on the Internet any information regarding the
registration or filing of a protection order, restraining
order, or injunction in either the issuing or enforcing State,
tribal or territorial jurisdiction, if such publication would
be likely to publicly reveal the identity or location of the
party protected under such order. A State, Indian tribe, or
territory may share court-generated and law enforcement-
generated information contained in secure, governmental
registries for protection order enforcement purposes.''.
(d) Definitions.--Section 2266 of title 18, United States Code, is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Protection order.--The term `protection order'
includes--
``(A) any injunction, restraining order, or any
other order issued by a civil or criminal court for the
purpose of preventing violent or threatening acts or
harassment against, sexual violence, or contact or
communication with or physical proximity to, another
person, including any temporary or final order issued
by a civil or criminal court whether obtained by filing
an independent action or as a pendente lite order in
another proceeding so long as any civil or criminal
order was issued in response to a complaint, petition,
or motion filed by or on behalf of a person seeking
protection; and
``(B) any support, child custody or visitation
provisions, orders, remedies or relief issued as part
of a protection order, restraining order, or injunction
pursuant to State, tribal, territorial, or local law
authorizing the issuance of protection orders,
restraining orders, or injunctions for the protection
of victims of domestic violence, sexual assault, dating
violence, or stalking.''; and
(2) in clauses (i) and (ii) of paragraph (7)(A), by
striking ``2261A, a spouse or former spouse of the abuser, a
person who shares a child in common with the abuser, and a
person who cohabits or has cohabited as a spouse with the
abuser'' and inserting ``2261A--
``(I) a spouse or former spouse of
the abuser, a person who shares a child
in common with the abuser, and a person
who cohabits or has cohabited as a
spouse with the abuser; or
``(II) a person who is or has been
in a social relationship of a romantic
or intimate nature with the victim, as
determined by the length of the
relationship, the type of relationship,
and the frequency of interaction
between the persons involved in the
relationship''.
SEC. 107. PRIVACY PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL VIOLENCE, AND STALKING.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle K--Privacy Protections for Victims of Domestic Violence,
Dating Violence, Sexual Violence, and Stalking
``SEC. 41101. GRANTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL
ASSAULT, AND STALKING.
``The Attorney General, through the Director of the Office on
Violence Against Women, may award grants under this subtitle to States,
tribes, territories, or local agencies or nonprofit, nongovernmental
organizations to ensure that personally identifying information of
adult, youth, and child victims of domestic violence, sexual violence,
stalking, and dating violence shall not be released or disclosed to the
detriment of such victimized persons.
``SEC. 41102. PURPOSE AREAS.
``Grants made under this subtitle may be used--
``(1) to develop or improve protocols, procedures, and
policies for the purpose of preventing the release of
personally identifying information of victims (such as
developing alternative identifiers);
``(2) to defray the costs of modifying or improving
existing databases, registries, and victim notification systems
to ensure that personally identifying information of victims is
protected from release, unauthorized information sharing and
disclosure;
``(3) to develop confidential opt out systems that will
enable victims of violence to make a single request to keep
personally identifying information out of multiple databases,
victim notification systems, and registries; or
``(4) to develop safe uses of technology (such as notice
requirements regarding electronic surveillance by government
entities), to protect against abuses of technology (such as
electronic or GPS stalking), or providing training for law
enforcement on high tech electronic crimes of domestic
violence, dating violence, sexual assault, and stalking.
``SEC. 41103. ELIGIBLE ENTITIES.
``Entities eligible for grants under this subtitle include--
``(1) jurisdictions or agencies within jurisdictions having
authority or responsibility for developing or maintaining
public databases, registries or victim notification systems;
``(2) nonprofit nongovernmental victim advocacy
organizations having expertise regarding confidentiality,
privacy, and information technology and how these issues are
likely to impact the safety of victims;
``(3) States or State agencies;
``(4) local governments or agencies;
``(5) tribal governments, agencies, or organizations;
``(6) territorial governments, agencies, or organizations;
or
``(7) nonprofit nongovernmental victim advocacy
organizations, including statewide domestic violence and sexual
assault coalitions.
``SEC. 41104. GRANT CONDITIONS.
``Applicants described in paragraphs (3) through (7) shall
demonstrate that they have entered into a significant partnership with
a State, tribal, territorial, or local victim service or advocacy
organization in order to develop safe, confidential, and effective
protocols, procedures, policies, and systems for protecting personally
identifying information of victims.
``SEC. 41105. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $5,000,000 for each of fiscal years 2006 through
2010.
``(b) Tribal Allocation.--Of the amount made available under this
section in each fiscal year, 10 percent shall be used for grants for
programs that assist victims of domestic violence, dating violence,
stalking, and sexual assault on lands within the jurisdiction of an
Indian tribe.
``(c) Technical Assistance and Training.--Of the amount made
available under this section in each fiscal year, not less than 5
percent shall be used for grants to organizations that have expertise
in confidentiality, privacy, and technology issues impacting victims of
domestic violence, dating violence, sexual assault, and stalking to
provide technical assistance and training to grantees and non-grantees
on how to improve safety, privacy, confidentiality, and technology to
protect victimized persons.''.
SEC. 108. SEX OFFENDER MANAGEMENT.
Section 40152 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13941) is amended by striking subsection (c) and
inserting the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2006 through 2010.''.
SEC. 109. STALKER DATABASE.
Section 40603 of the Violence Against Women Act of 1994 (42 U.S.C.
14032) is amended--
(1) by striking ``2001'' and inserting ``2006''; and
(2) by striking ``2006'' and inserting ``2010''.
SEC. 110. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM ASSISTANTS.
``There are authorized to be appropriated for the United States
attorneys for the purpose of appointing victim assistants for the
prosecution of sex crimes and domestic violence crimes where applicable
(such as the District of Columbia), $1,000,000 for each of fiscal years
2006 through 2010.''.
SEC. 111. GRANTS FOR LAW ENFORCEMENT TRAINING PROGRAMS.
(a) Definitions.--In this section:
(1) Act of trafficking.--The term ``act of trafficking''
means an act or practice described in paragraph (8) of section
103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102).
(2) Eligible entity.--The term ``eligible entity'' means a
State or a local government.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, American Samoa,
and any other territory or possession of the United States.
(4) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act of
trafficking.
(b) Grants Authorized.--The Attorney General may award grants to
eligible entities to provide training to State and local law
enforcement personnel to identify and protect victims of trafficking.
(c) Use of Funds.--A grant awarded under this section shall be used
to--
(1) train law enforcement personnel to identify and protect
victims of trafficking, including training such personnel to
utilize Federal, State, or local resources to assist victims of
trafficking;
(2) train law enforcement or State or local prosecutors to
identify, investigate, or prosecute acts of trafficking; or
(3) train law enforcement or State or local prosecutors to
utilize laws that prohibit acts of trafficking and to assist in
the development of State and local laws to prohibit acts of
trafficking.
(d) Restrictions.--
(1) Administrative expenses.--An eligible entity that
receives a grant under this section may use not more than 5
percent of the total amount of such grant for administrative
expenses.
(2) Nonexclusivity.--Nothing in this section may be
construed to restrict the ability of an eligible entity to
apply for or obtain funding from any other source to carry out
the training described in subsection (c).
(e) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 through 2010
to carry out the provisions of this section.
SEC. 112. REAUTHORIZATION OF THE COURT-APPOINTED SPECIAL ADVOCATE
PROGRAM.
(a) Findings.--Section 215 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13011) is amended by striking paragraphs (1) and (2)
and inserting the following:
``(1) Court Appointed Special Advocates, who may serve as
guardians ad litem, are trained volunteers appointed by courts
to advocate for the best interests of children who are involved
in the juvenile and family court system due to abuse or
neglect;
``(2) the National Court Appointed Special Advocate
Association maintains a system of accountability, including
standards, quality assurance, training, and technical
assistance for a network of 70,000 volunteers in more than 850
programs operating in 49 States, the District of Columbia, and
the Virgin Islands; and
``(3) in 2003, Court Appointed Special Advocate volunteers
represented 288,000 children, more than 50 percent of the
estimated 540,000 children in foster care because of
substantiated cases of child abuse or neglect.''.
(b) Implementation Date.--Section 216 of the Victims of Child Abuse
Act of 1990 (42 U.S.C. 13012) is amended by striking ``January 1,
1995'' and inserting ``January 1, 2010''.
(c) Clarification of Program Goals.--Section 217 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13013) is amended--
(1) in subsection (a), by striking ``to expand'' and
inserting ``to initiate, sustain, and expand'';
(2) subsection (b)--
(A) in paragraph (1), by striking ``to initiate or
expand'' and inserting ``to initiate, sustain, and
expand''; and
(B) in paragraph (2), by--
(i) striking ``(1)(a)'' and inserting
``(1)(A)''; and
(ii) striking ``to initiate and to expand''
and inserting ``to initiate, sustain, and
expand''; and
(3) by adding at the end the following:
``(d) Background Checks.--State and local Court Appointed Special
Advocate programs are authorized to request criminal background checks
from the Federal Bureau of Investigation National Crime Information
Center for prospective volunteers. The requesting program is
responsible for the reasonable costs associated with the Federal
records check.''.
(d) Reauthorization.--Section 218 of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13014) is amended by striking subsection (a) and
inserting the following:
``(a) Authorization.--There is authorized to be appropriated to
carry out this subtitle $17,000,000 for each of fiscal years 2006
through 2010.''.
SEC. 113. PREVENTING CYBERSTALKING.
(a) In General.--Paragraph (1) of section 223(h) of the
Communications Act of 1934 (47 U.S.C. 223(h)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) in the case of subparagraph (C) of subsection
(a)(1), includes any device or software that can be
used to originate telecommunications or other types of
communications that are transmitted, in whole or in
part, by the Internet (as such term is defined in
section 1104 of the Internet Tax Freedom Act (47 U.S.C.
151 note)).''.
(b) Rule of Construction.--This section and the amendment made by
this section may not be construed to affect the meaning given the term
``telecommunications device'' in section 223(h)(1) of the
Communications Act of 1934, as in effect before the date of the
enactment of this section.
SEC. 114. CRIMINAL PROVISION RELATING TO STALKING.
(a) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended to read as follows:
``Sec. 2261A. Stalking
``Whoever--
``(1) travels in interstate or foreign commerce or within
the special maritime and territorial jurisdiction of the United
States, or enters or leaves Indian country, with the intent to
kill, injure, harass, place under surveillance, or intimidate
another person, and in the course of, or as a result of, such
travel places that person in reasonable fear of the death of,
or serious bodily injury to, or causes substantial emotional
harm to that person, a member of the immediate family (as
defined in section 115) of that person, or the spouse or
intimate partner of that person; or
``(2) with the intent--
``(A) to kill, injure, harass, place under
surveillance, intimidate, or cause substantial
emotional harm to a person in another State or tribal
jurisdiction or within the special maritime and
territorial jurisdiction of the United States; or
``(B) to place a person in another State or tribal
jurisdiction, or within the special maritime and
territorial jurisdiction of the United States, in
reasonable fear of the death of, or serious bodily
injury to--
``(i) that person;
``(ii) a member of the immediate family (as
defined in section 115 of that person; or
``(iii) a spouse or intimate partner of
that person;
uses the mail or any facility of interstate or foreign commerce
to engage in a course of conduct that causes substantial
emotional harm to that person or places that person in
reasonable fear of the death of, or serious bodily injury to,
any of the persons described in clauses (i) through (iii) of
subparagraph (B);
shall be punished as provided in section 2261(b) of this title.''.
SEC. 115. REPEAT OFFENDER PROVISION.
Chapter 110A of title 18, United States Code, is amended by adding
after section 2265 the following:
``Sec. 2265A. Repeat offender provision
``The maximum term of imprisonment for a violation of this chapter
after a prior interstate domestic violence offense (as defined in
section 2261) or interstate violation of protection order (as defined
in section 2262) or interstate stalking (as defined in sections
2261A(a) and 2261A(b)) may be twice the term otherwise provided for the
violation.''.
SEC. 116. PROHIBITING DATING VIOLENCE.
(a) In General.--Section 2261(a) of title 18, United States Code,
is amended--
(1) in paragraph (1), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''; and
(2) in paragraph (2), striking ``or intimate partner'' and
inserting ``, intimate partner, or dating partner''.
(b) Definition.--Section 2266 of title 18, United States Code, is
amended by adding at the end the following:
``(10) Dating partner.--The term `dating partner' refers to
person who is or has been in a social relationship of a
romantic or intimate nature with the abuser and the existence
of such a relationship based on a consideration of--
``(A) the length of the relationship; and
``(B) the type of relationship; and
``(C) the frequency of interaction between the
persons involved in the relationship.''.
SEC. 117. PROHIBITING VIOLENCE IN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION.
(a) Domestic Violence.--Section 2261(a)(1) of title 18, United
States Code, is amended by inserting after ``Indian country'' the
following: ``or within the special maritime and territorial
jurisdiction of the United States''.
(b) Protection Order.--Section 2262(a)(1) of title 18, United
States Code, is amended by inserting after ``Indian country'' the
following: ``or within the special maritime and territorial
jurisdiction of the United States''.
TITLE II--IMPROVING SERVICES FOR VICTIMS OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 201. FINDINGS.
Congress finds the following:
(1) Nearly \1/3\ of American women report physical or
sexual abuse by a husband or boyfriend at some point in their
lives.
(2) According to the National Crime Victimization Survey,
248,000 Americans 12 years of age and older were raped or
sexually assaulted in 2002.
(3) Rape and sexual assault in the United States is
estimated to cost $127,000,000,000 per year, including--
(A) lost productivity;
(B) medical and mental health care;
(C) police and fire services;
(D) social services;
(E) loss of and damage to property; and
(F) reduced quality of life.
(4) Nonreporting of sexual assault in rural areas is a
particular problem because of the high rate of nonstranger
sexual assault.
(5) Geographic isolation often compound the problems facing
sexual assault victims. The lack of anonymity and accessible
support services can limit opportunities for justice for
victims.
(6) Domestic elder abuse is primarily family abuse. The
National Elder Abuse Incidence Study found that the perpetrator
was a family member in 90 percent of cases.
(7) Barriers for older victims leaving abusive
relationships include--
(A) the inability to support themselves;
(B) poor health that increases their dependence on
the abuser;
(C) fear of being placed in a nursing home; and
(D) ineffective responses by domestic abuse
programs and law enforcement.
(8) Disabled women comprise another vulnerable population
with unmet needs. Women with disabilities are more likely to be
the victims of abuse and violence than women without
disabilities because of their increased physical, economic,
social, or psychological dependence on others.
(9) Many women with disabilities also fail to report the
abuse, since they are dependent on their abusers and fear being
abandoned or institutionalized.
(10) Of the 598 battered women's programs surveyed--
(A) only 35 percent of these programs offered
disability awareness training for their staff; and
(B) only 16 percent dedicated a staff member to
provide services to women with disabilities.
(11) Problems of domestic violence are exacerbated for
immigrants when spouses control the immigration status of their
family members, and abusers use threats of refusal to file
immigration papers and threats to deport spouses and children
as powerful tools to prevent battered immigrant women from
seeking help, trapping battered immigrant women in violent
homes because of fear of deportation.
(12) Battered immigrant women who attempt to flee abusive
relationships may not have access to bilingual shelters or
bilingual professionals, and face restrictions on public or
financial assistance. They may also lack assistance of a
certified interpreter in court, when reporting complaints to
the police or a 9-1-1 operator, or even in acquiring
information about their rights and the legal system.
(13) More than 500 men and women call the National Domestic
Violence Hotline every day to get immediate, informed, and
confidential assistance to help deal with family violence.
(14) The National Domestic Violence Hotline service is
available, toll-free, 24 hours a day and 7 days a week, with
bilingual staff, access to translators in 150 languages, and a
TTY line for the hearing-impaired.
(15) With access to over 5,000 shelters and service
providers across the United States, Puerto Rico, and the United
States Virgin Islands, the National Domestic Violence Hotline
provides crisis intervention and immediately connects callers
with sources of help in their local community.
(16) Approximately 60 percent of the callers indicate that
calling the Hotline is their first attempt to address a
domestic violence situation and that they have not called the
police or any other support services.
(17) Between 2000 and 2003, there was a 27 percent increase
in call volume at the National Domestic Violence Hotline.
(18) Improving technology infrastructure at the National
Domestic Violence Hotline and training advocates, volunteers,
and other staff on upgraded technology will drastically
increase the Hotline's ability to answer more calls quickly and
effectively.
SEC. 202. SEXUAL ASSAULT SERVICES PROGRAM.
Part T of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg et seq.) is amended by inserting after
section 2012, as added by this Act, the following:
``SEC. 2013. SEXUAL ASSAULT SERVICES.
``(a) Purposes.--The purposes of this section are--
``(1) to assist States, tribes, and territories in
providing intervention, advocacy, accompaniment, support
services, and related assistance for--
``(A) adult, youth, and child victims of sexual
assault;
``(B) family and household members of such victims;
and
``(C) those collaterally affected by the
victimization, except for the perpetrator of such
victimization;
``(2) to provide for technical assistance and training
relating to sexual assault to--
``(A) Federal, State, tribal, territorial and local
governments, law enforcement agencies, and courts;
``(B) professionals working in legal, social
service, and health care settings;
``(C) nonprofit organizations;
``(D) faith-based organizations; and
``(E) other individuals and organizations seeking
such assistance.
``(b) Grants to States and Territories.--
``(1) Grants authorized.--The Attorney General shall award
grants to States and territories to support the establishment,
maintenance, and expansion of rape crisis centers and other
programs and projects to assist those victimized by sexual
assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5
percent of the grant funds received by a State or
territory governmental agency under this subsection for
any fiscal year may be used for administrative costs.
``(B) Grant funds.--Any funds received by a State
or territory under this subsection that are not used
for administrative costs shall be used to provide
grants to rape crisis centers and other nonprofit,
nongovernmental organizations for programs and
activities within such State or territory that provide
direct intervention and related assistance.
``(C) Intervention and related assistance.--
Intervention and related assistance under subparagraph
(B) may include--
``(i) 24 hour hotline services providing
crisis intervention services and referral;
``(ii) accompaniment and advocacy through
medical, criminal justice, and social support
systems, including medical facilities, police,
and court proceedings;
``(iii) crisis intervention, short-term
individual and group support services, and
comprehensive service coordination and
supervision to assist sexual assault victims
and family or household members;
``(iv) information and referral to assist
the sexual assault victim and family or
household members;
``(v) community-based, linguistically and
culturally specific services and support
mechanisms, including outreach activities for
racial and ethnic, and other underserved
communities; and
``(vi) the development and distribution of
materials on issues related to the services
described in clauses (i) through (v).
``(3) Application.--
``(A) In general.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Attorney General at such time and in such manner
as the Attorney General may reasonably require.
``(B) Contents.--Each application submitted under
subparagraph (A) shall--
``(i) set forth procedures designed to
assure meaningful involvement of the State or
territorial sexual assault coalition and
representatives from racial and ethnic and
other underserved communities in the
development of the application and the
implementation of the plans;
``(ii) set forth procedures designed to
ensure an equitable distribution of grants and
grant funds within the State or territory and
between urban and rural areas within such State
or territory;
``(iii) identify the State or territorial
agency that is responsible for the
administration of programs and activities; and
``(iv) meet other such requirements as the
Attorney General reasonably determines are
necessary to carry out the purposes and
provisions of this section.
``(4) Minimum amount.--The Attorney General shall allocate
to each State not less than 0.50 percent of the total amount
appropriated in a fiscal year for grants under this section,
except that the United States Virgin Islands, American Samoa,
Guam, the District of Columbia, Puerto Rico, and the
Commonwealth of the Northern Mariana Islands shall each be
allocated 0.125 percent of the total appropriations.
``(c) Grants for Culturally Specific Programs Addressing Sexual
Assault.--
``(1) Grants authorized.--The Attorney General shall award
grants to eligible entities to support the establishment,
maintenance, and expansion of culturally specific intervention
and related assistance for victims of sexual assault.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be a private nonprofit organization that
focuses primarily on racial and ethnic communities;
``(B) must have documented organizational
experience in the area of sexual assault intervention
or have entered into a partnership with an organization
having such expertise;
``(C) have expertise in the development of
community-based, linguistically and culturally specific
outreach and intervention services relevant for the
specific racial and ethnic communities to whom
assistance would be provided or have the capacity to
link to existing services in the community tailored to
the needs of racial and ethnic populations; and
``(D) have an advisory board or steering committee
and staffing which is reflective of the targeted racial
and ethnic community.
``(3) Award basis.--The Attorney General shall award grants
under this section on a competitive basis.
``(4) Distribution.--
``(A) The Attorney General shall not use more than
2.5 percent of funds appropriated under this subsection
in any year for administration, monitoring, and
evaluation of grants made available under this
subsection.
``(B) Up to 5 percent of funds appropriated under
this section in any year shall be available for
technical assistance by a national, nonprofit,
nongovernmental organization or organizations whose
primary focus and expertise is in addressing sexual
assault within racial and ethnic communities.
``(5) Term.--The Attorney General shall make grants under
this section for a period of no less than 2 fiscal years.
``(6) Reporting.--Each entity receiving a grant under this
subsection shall submit a report to the Attorney General that
describes the activities out with such grant funds.
``(d) Grants to State, Territorial, and Tribal Sexual Assault
Coalitions.--
``(1) Grants authorized.--
``(A) In general.--The Attorney General shall award
grants to State, territorial, and tribal sexual assault
coalitions to assist in supporting the establishment,
maintenance, and expansion of such coalitions.
``(B) Minimum amount.--Not less than 10 percent of
the total amount appropriated to carry out this section
shall be used for grants under subparagraph (A).
``(C) Eligible applicants.--Each of the State,
territorial, and tribal sexual assault coalitions.
``(2) Use of funds.--Grant funds received under this
subsection may be used to--
``(A) work with local sexual assault programs and
other providers of direct services to encourage
appropriate responses to sexual assault within the
State, territory, or tribe;
``(B) work with judicial and law enforcement
agencies to encourage appropriate responses to sexual
assault cases;
``(C) work with courts, child protective services
agencies, and children's advocates to develop
appropriate responses to child custody and visitation
issues when sexual assault has been determined to be a
factor;
``(D) design and conduct public education
campaigns;
``(E) plan and monitor the distribution of grants
and grant funds to their State, territory, or tribe; or
``(F) collaborate with and inform Federal, State,
or local public officials and agencies to develop and
implement policies to reduce or eliminate sexual
assault.
``(3) Allocation and use of funds.--From amounts
appropriated for grants under this subsection for each fiscal
year--
``(A) not less than 10 percent of the funds shall
be available for grants to tribal sexual assault
coalitions;
``(B) the remaining funds shall be available for
grants to State and territorial coalitions, and the
Attorney General shall allocate an amount equal to \1/
56\ of the amounts so appropriated to each of those
States and territorial coalitions.
``(4) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Attorney General at such time, in such manner, and containing
such information as the Attorney General determines to be
essential to carry out the purposes of this section.
``(5) First-time applicants.--No entity shall be prohibited
from submitting an application under this subsection during any
fiscal year for which funds are available under this subsection
because such entity has not previously applied or received
funding under this subsection.
``(e) Grants to Tribes.--
``(1) Grants authorized.--The Attorney General may award
grants to Indian tribes, tribal organizations, and nonprofit
tribal organizations for the operation of a sexual assault
programs or projects in Indian country and Alaskan native
villages to support the establishment, maintenance, and
expansion of programs and projects to assist those victimized
by sexual assault.
``(2) Allocation and use of funds.--
``(A) Administrative costs.--Not more than 5
percent of the grant funds received by an Indian tribe,
tribal organization, and nonprofit tribal organization
under this subsection for any fiscal year may be used
for administrative costs.
``(B) Grant funds.--Any funds received under this
subsection that are not used for administrative costs
shall be used to provide grants to tribal organizations
and nonprofit tribal organizations for programs and
activities within Indian country and Alaskan native
villages that provide direct intervention and related
assistance.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$50,000,000 for each of the fiscal years 2006 through 2010 to
carry out the provisions of this section.
``(2) Allocations.--Of the total amounts appropriated for
each fiscal year to carry out this section--
``(A) not more than 2.5 percent shall be used by
the Attorney General for evaluation, monitoring, and
other administrative costs under this section;
``(B) not more than 2.5 percent shall be used for
the provision of technical assistance to grantees and
subgrantees under this section;
``(C) not less than 65 percent shall be used for
grants to States and territories under subsection (b);
``(D) not less than 7 percent shall be used for
making grants to State, territorial, and tribal sexual
assault coalitions under subsection (d);
``(E) not less than 7 percent shall be used for
grants to tribes under subsection (c); and
``(F) not less than 7 percent shall be used for
grants for culturally specific programs addressing
sexual assault under subsection (c).''.
SEC. 203. AMENDMENTS TO THE RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Safe Homes for Women Act of 1994 (42 U.S.C.
13971) is amended to read as follows:
``SEC. 40295. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE.
``(a) Purposes.--The purposes of this section are--
``(1) to identify, assess, and appropriately respond to
child, youth, and adult victims of domestic violence, sexual
assault, dating violence, and stalking in rural communities, by
encouraging collaboration among--
``(A) domestic violence, dating violence, sexual
assault, and stalking victim service providers;
``(B) law enforcement agencies;
``(C) prosecutors;
``(D) courts;
``(E) other criminal justice service providers;
``(F) human and community service providers;
``(G) educational institutions; and
``(H) health care providers;
``(2) to establish and expand nonprofit, nongovernmental,
State, tribal, territorial, and local government victim
services in rural communities to child, youth, and adult
victims; and
``(3) to increase the safety and well-being of women and
children in rural communities, by--
``(A) dealing directly and immediately with
domestic violence, sexual assault, dating violence, and
stalking occurring in rural communities; and
``(B) creating and implementing strategies to
increase awareness and prevent domestic violence,
sexual assault, dating violence, and stalking.
``(b) Grants Authorized.--The Attorney General, acting through the
Director of the Office on Violence Against Women (referred to in this
section as the `Director'), may award grants to States, Indian tribes,
local governments, and nonprofit, public or private entities, including
tribal nonprofit organizations, to carry out programs serving rural
areas or rural communities that address domestic violence, dating
violence, sexual assault, and stalking by--
``(1) implementing, expanding, and establishing cooperative
efforts and projects among law enforcement officers,
prosecutors, victim advocacy groups, and other related parties
to investigate and prosecute incidents of domestic violence,
dating violence, sexual assault, and stalking;
``(2) providing treatment, counseling, advocacy, and other
long- and short-term assistance to adult and minor victims of
domestic violence, dating violence, sexual assault, and
stalking in rural communities; and
``(3) working in cooperation with the community to develop
education and prevention strategies directed toward such
issues.
``(c) Use of Funds.--Funds appropriated pursuant to this section
shall be used only for specific programs and activities expressly
described in subsection (a).
``(d) Allotments and Priorities.--
``(1) Allotment for indian tribes.--Not less than 10
percent of the total amount made available for each fiscal year
to carry out this section shall be allocated for grants to
Indian tribes or tribal organizations.
``(2) Allotment for sexual assault services.--Not less than
25 percent of the total amount made available for each fiscal
year to carry out this section shall be allocated for grants
that meaningfully address sexual assault in rural communities.
``(3) Allotment for technical assistance.--Of the amounts
appropriated for each fiscal year to carry out this section,
not more than 8 percent may be used by the Director for
technical assistance costs.
``(4) Underserved populations.--In awarding grants under
this section, the Director shall give priority to racial,
ethnic, and other underserved populations.
``(5) Allocation of funds for rural states.--Not less than
75 percent of the total amount made available for each fiscal
year to carry out this section shall be allocated to eligible
entities located in rural States.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$55,000,000 for each of the fiscal years 2006 through 2010 to
carry out this section.
``(2) Additional funding.--In addition to funds received
through a grant under subsection (b), a law enforcement agency
may use funds received through a grant under part Q of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796dd et seq.) to accomplish the objectives of this
section.''.
SEC. 204. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN WITH
DISABILITIES.
(a) In General.--Section 1402 of the Violence Against Women Act of
2000 (42 U.S.C. 3796gg-7) is amended to read as follows:
``SEC. 1402. EDUCATION, TRAINING, AND ENHANCED SERVICES TO END VIOLENCE
AGAINST AND ABUSE OF WOMEN WITH DISABILITIES.
``(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may award grants to eligible
entities--
``(1) to provide training, consultation, and information on
domestic violence, dating violence, stalking, and sexual
assault against women and girls who are individuals with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)); and
``(2) to enhance direct services to such individuals.
``(b) Use of Funds.--Grants awarded under this section shall be
used--
``(1) to provide personnel, training, technical assistance,
advocacy, intervention, risk reduction and prevention of
domestic violence, dating violence, stalking, and sexual
assault against disabled women and girls;
``(2) to conduct outreach activities to ensure that
disabled women and girls who are victims of domestic violence,
dating violence, stalking, or sexual assault receive
appropriate assistance;
``(3) to conduct cross-training for victim service
organizations, governmental agencies, courts, law enforcement,
and nonprofit, nongovernmental organizations serving
individuals with disabilities about risk reduction,
intervention, prevention and the nature of domestic violence,
dating violence, stalking, and sexual assault for disabled
women and girls;
``(4) to provide technical assistance to assist with
modifications to existing policies, protocols, and procedures
to ensure equal access to the services, programs, and
activities of victim service organizations for disabled women
and girls;
``(5) to provide training and technical assistance on the
requirements of shelters and victim services organizations
under Federal antidiscrimination laws, including--
``(A) the Americans with Disabilities Act of 1990;
and
``(B) section 504 of the Rehabilitation Act of
1973;
``(6) to rehabilitate facilities, purchase equipment, and
provide personnel so that shelters and victim service
organizations can accommodate the needs of disabled women and
girls;
``(7) to provide advocacy and intervention services for
disabled women and girls who are victims of domestic violence,
dating violence, stalking, or sexual assault; or
``(8) to develop model programs providing advocacy and
intervention services within organizations serving disabled
women and girls who are victims of domestic violence, dating
violence, sexual assault, or stalking.
``(c) Eligible Entities.--
``(1) In general.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(A) a State;
``(B) a unit of local government;
``(C) an Indian tribal government or tribal
organization; or
``(D) a nonprofit and nongovernmental victim
services organization, such as a State domestic
violence or sexual assault coalition or a nonprofit,
nongovernmental organization serving disabled women and
girls.
``(2) Limitation.--A grant awarded for the purpose
described in subsection (b)(8) shall only be awarded to an
eligible agency (as defined in section 410 of the
Rehabilitation Act of 1973 (29 U.S.C. 796f-5).
``(d) Underserved Populations.--In awarding grants under this
section, the Director shall ensure that the needs of underserved
populations are being addressed.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 through 2010
to carry out this section.''.
SEC. 205. TRAINING AND SERVICES TO END VIOLENCE AGAINST WOMEN IN LATER
LIFE.
(a) Training Programs.--Section 40802 of the Violence Against Women
Act of 1994 (42 U.S.C. 14041a) is amended to read as follows:
``SEC. 40802. ENHANCED TRAINING AND SERVICES TO END VIOLENCE AGAINST
AND ABUSE OF WOMEN LATER IN LIFE.
``(a) Grants Authorized.--The Attorney General, through the
Director of the Office on Violence Against Women, may award grants,
which may be used for--
``(1) training programs to assist law enforcement,
prosecutors, governmental agencies, victim assistants, and
relevant officers of Federal, State, tribal, territorial, and
local courts in recognizing, addressing, investigating, and
prosecuting instances of elder abuse, neglect and exploitation,
including domestic violence or sexual assault, against victims
who are 60 years of age or older;
``(2) providing or enhancing services for victims of elder
abuse, neglect, and exploitation, including domestic and sexual
violence, who are 60 years of age or older;
``(3) increasing the physical accessibility of buildings in
which services are or will be rendered for victims of elder
abuse, neglect, and exploitation, including domestic and sexual
violence, who are 60 years of age or older;
``(4) creating or supporting multidisciplinary
collaborative community responses to victims of elder abuse,
neglect, and exploitation, including domestic and sexual
violence, who are 60 years of age or older; and
``(5) conducting cross-training for victim service
organizations, governmental agencies, courts, law enforcement,
and nonprofit, nongovernmental organizations serving victims of
domestic and sexual abuse who are 60 years of age or older.
``(b) Eligible Entities.--An entity shall be eligible to receive a
grant under this section if the entity is--
``(1) a State;
``(2) a unit of local government;
``(3) an Indian tribal government or tribal organization;
or
``(4) a nonprofit and nongovernmental victim services
organization with demonstrated experience in assisting elderly
women or demonstrated experience in addressing domestic
violence or sexual assault.''.
(c) Authorization of Appropriations.--Section 40803 of the Violence
Against Women Act of 1994 (42 U.S.C. 14041b) is amended by striking
``$5,000,000 for each of fiscal years 2001 through 2005'' and inserting
``$10,000,000 for each of the fiscal years 2006 through 2010''.
SEC. 206. STRENGTHENING THE NATIONAL DOMESTIC VIOLENCE HOTLINE.
Section 316 of the Family Violence Prevention and Services Act (42
U.S.C. 10416) is amended--
(1) in subsection (d), by adding at the end the following:
``(5) provide technology and telecommunication training and
assistance for advocates, volunteers, staff, and others
affiliated with the hotline so that such persons are able to
effectively use improved equipment made available through the
Connections Campaign.''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``$3,500,000''
and all that follows and inserting ``$5,000,000 for
each of fiscal years 2006 through 2010.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
TITLE III--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS OF
VIOLENCE
SEC. 301. FINDINGS.
Congress finds the following:
(1) Youth, under the age of 18, account for 67 percent of
all sexual assault victimizations reported to law enforcement
officials.
(2) The Department of Justice consistently finds that young
women between the ages of 16 and 24 experience the highest rate
of non-fatal intimate partner violence.
(3) In 1 year, over 4,000 incidents of rape or sexual
assault occurred in public schools across the country.
(4) Young people experience particular obstacles to seeking
help. They often do not have access to money, transportation,
or shelter services. They must overcome issues such as distrust
of adults, lack of knowledge about available resources, or
pressure from peers and parents.
(5) A needs assessment on teen relationship abuse for the
State of California, funded by the California Department of
Health Services, identified a desire for confidentiality and
confusion about the law as 2 of the most significant barriers
to young victims of domestic and dating violence seeking help.
(6) Only one State specifically allows for minors to
petition the court for protection orders.
(7) Many youth are involved in dating relationships, and
these relationships can include the same kind of domestic
violence and dating violence seen in the adult population. In
fact, more than 40 percent of all incidents of domestic
violence involve people who are not married.
(8) 40 percent of girls ages 14 to 17 report knowing
someone their age who has been hit or beaten by a boyfriend,
and 13 percent of college women report being stalked.
(9) Of college women who said they had been the victims of
rape or attempted rape, 12.8 percent of completed rapes, 35
percent of attempted rapes, and 22.9 percent of threatened
rapes took place on a date. Almost 60 percent of the completed
rapes that occurred on campus took place in the victim's
residence.
(10) According to a 3-year study of student-athletes at 10
Division I universities, male athletes made up only 3.3 percent
of the general male university population, but they accounted
for 19 percent of the students reported for sexual assault and
35 percent of domestic violence perpetrators.
SEC. 302. RAPE PREVENTION AND EDUCATION.
Section 393B(c) of part J of title III of the Public Health Service
Act (42 U.S.C. 280b-1c(c)) is amended to read as follows:
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $80,000,000 for each of fiscal years
2006 through 2010.
``(2) National sexual violence resource center allotment.--
Of the total amount made available under this subsection in
each fiscal year, not less than $1,500,000 shall be available
for allotment under subsection (b).''.
SEC. 303. SERVICES, EDUCATION, PROTECTION, AND JUSTICE FOR YOUNG
VICTIMS OF VIOLENCE.
The Violence Against Women Act of 1994 (Public Law 103-322, Stat.
1902 et seq.) is amended by adding at the end the following:
``Subtitle L--Services, Education, Protection and Justice for Young
Victims of Violence
``SEC. 41201. SERVICES TO ADVOCATE FOR AND RESPOND TO TEENS.
``(a) Grants Authorized.--The Secretary of the Department of Health
and Human Services (in this section referred to as the `Secretary'),
acting through the Family and Youth Services Bureau, in consultation
with the Department of Justice, shall award grants to eligible entities
to conduct programs to serve victims of domestic violence, dating
violence, sexual assault, and stalking who are between the ages of 12
and 24. Amounts appropriated under this section may only be used for
programs and activities described under subsection (c).
``(b) Eligible Grantees.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a nonprofit, nongovernmental entity, the primary
purpose of which is to provide services to teen and young adult
victims of domestic violence, dating violence, sexual assault,
or stalking;
``(2) a community-based organization specializing in
intervention or violence prevention services for youth;
``(3) an Indian Tribe or tribal organization providing
services primarily to tribal youth or tribal victims of
domestic violence, dating violence, sexual assault or stalking;
or
``(4) a nonprofit, nongovernmental entity providing
services for runaway or homeless youth affected by domestic or
sexual abuse.
``(c) Use of Funds.--
``(1) In general.--An entity that receives a grant under
this section shall use amounts provided under the grant to
design or replicate, and implement, programs and services,
using domestic violence, dating violence, sexual assault, and
stalking intervention models to respond to the needs of youth
who are victims of domestic violence, dating violence, sexual
assault or stalking.
``(2) Types of programs.--Such a program--
``(A) shall provide direct counseling and advocacy
for teens and young adults, who have experienced
domestic violence, dating violence, sexual assault or
stalking;
``(B) shall include linguistically, culturally, and
community relevant services for racial, ethnic, and
other underserved populations or linkages to existing
services in the community tailored to the needs of
underserved populations;
``(C) may include mental health services for teens
and young adults who have experienced domestic
violence, dating violence, sexual assault, or stalking;
``(D) may include legal advocacy efforts on behalf
of minors and young adults with respect to domestic
violence, dating violence, sexual assault or stalking;
``(E) may work with public officials and agencies
to develop and implement policies, rules, and
procedures in order to reduce or eliminate domestic
violence, dating violence, sexual assault, and stalking
against youth and young adults; and
``(F) may use not more than 25 percent of the grant
funds to provide additional services and resources for
youth, including childcare, transportation, educational
support, and respite care.
``(d) Awards Basis.--
``(1) Grants to indian tribes.--Not less than 7 percent of
funds appropriated under this section in any year shall be
available for grants to Indian Tribes or tribal organizations.
``(2) Administration.--The Secretary shall not use more
than 2.5 percent of funds appropriated under this section in
any year for administration, monitoring, and evaluation of
grants made available under this section.
``(3) Technical assistance.--Not less than 5 percent of
funds appropriated under this section in any year shall be
available to provide technical assistance for programs funded
under this section.
``(e) Term.--The Secretary shall make the grants under this section
for a period of 3 fiscal years.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2006 through 2010.
``SEC. 41202. ACCESS TO JUSTICE FOR TEENS.
``(a) Purpose.--It is the purpose of this section to encourage
cross training and collaboration between the courts, domestic violence
and sexual assault service providers, youth organizations and service
providers, violence prevention programs, and law enforcement agencies,
so that communities can establish and implement policies, procedures,
and practices to protect and more comprehensively and effectively serve
young victims of dating violence, domestic violence, sexual assault,
and stalking who are between the ages of 12 and 24, and to engage,
where necessary, other entities addressing the safety, health, mental
health, social service, housing, and economic needs of young victims of
domestic violence, dating violence, sexual assault, and stalking,
including community-based supports such as schools, local health
centers, community action groups, and neighborhood coalitions.
``(b) Grant Authority.--
``(1) In general.--The Attorney General, through the
Director of the Office on Violence Against Women (in this
section referred to as the `Director'), shall make grants to
eligible entities to carry out the purposes of this section.
``(2) Grant periods.--Grants shall be awarded under this
section for a period of 2 fiscal years.
``(3) Eligible entities.--To be eligible for a grant under
this section, a grant applicant shall establish a collaboration
that--
``(A) shall include a victim service provider that
has a documented history of effective work concerning
domestic violence, dating violence, sexual assault, or
stalking and the effect that those forms of abuse have
on young people;
``(B) shall include a court; and
``(C) may include--
``(i) batterer intervention programs or sex
offender treatment programs with specialized
knowledge and experience working with youth
offenders;
``(ii) community-based youth organizations
that deal specifically with the concerns and
problems faced by youth, including programs
that target teen parents and racial, ethnic,
and other underserved communities;
``(iii) schools or school-based programs
designed to provide prevention or intervention
services to youth experiencing problems;
``(iv) faith-based entities that deal with
the concerns and problems faced by youth;
``(v) healthcare entities eligible for
reimbursement under title XVIII of the Social
Security Act, including providers that target
the special needs of youth;
``(vi) education programs on HIV and other
sexually transmitted diseases that are designed
to target teens; or
``(vii) Indian Health Services, Indian
Child Welfare, the Bureau of Indian Affairs, or
the Federal Bureau of Investigations.
``(c) Uses of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant for cross-
training and collaborative efforts--
``(1) addressing domestic violence, dating violence, sexual
assault, and stalking, assessing and analyzing currently
available services for youth and young adult victims,
determining relevant barriers to such services in a particular
locality, and developing a community protocol to address such
problems collaboratively;
``(2) to establish and enhance linkages and collaboration
between--
``(A) domestic violence and sexual assault service
providers; and
``(B) where applicable, law enforcement agencies,
courts, Federal agencies, and other entities addressing
the safety, health, mental health, social service,
housing, and economic needs of young victims of abuse,
including community-based supports such as schools,
local health centers, community action groups, and
neighborhood coalitions--
``(i) to respond effectively and
comprehensively to the varying needs of young
victims of abuse;
``(ii) to include linguistically,
culturally, and community relevant services for
racial, ethnic, and other underserved
populations or linkages to existing services in
the community tailored to the needs of
underserved populations; and
``(iii) to include where appropriate legal
assistance, referral services, and parental
support;
``(3) to educate the staff of courts, domestic violence and
sexual assault service providers, and, as applicable, the staff
of law enforcement agencies, Indian child welfare agencies,
youth organizations, schools, healthcare providers, and other
community prevention and intervention programs to responsibly
address minor victims and perpetrators of domestic violence,
dating violence, sexual assault, and stalking;
``(4) to identify, assess, and respond appropriately to
dating violence, domestic violence, sexual assault, or stalking
against minors and young adults and meet the needs of young
victims of violence; and
``(5) to provide appropriate resources in juvenile court
matters to respond to dating violence, domestic violence,
sexual assault, and stalking and ensure necessary services
dealing with the health and mental health of victims are
available.
``(d) Grant Applications.--To be eligible for a grant under this
section, the entities that are members of the applicant collaboration
described in subsection (b)(3) shall jointly submit an application to
the Director at such time, in such manner, and containing such
information as the Director may require.
``(e) Priority.--In awarding grants under this section, the
Director shall give priority to entities that have submitted
applications in partnership with community organizations and service
providers that work primarily with youth, especially teens, and who
have demonstrated a commitment to coalition building and cooperative
problem solving in dealing with problems of dating violence, domestic
violence, sexual assault, and stalking in teen populations.
``(f) Distribution.--In awarding grants under this section--
``(1) not less than 7 percent of funds appropriated under
this section in any year shall be available for grants to
collaborations involving tribal courts, tribal coalitions,
tribal organizations, or domestic violence or sexual assault
service providers the primary purpose of which is to provide
culturally relevant services to American Indian or Alaska
Native women or youth;
``(2) the Director shall not use more than 2.5 percent of
funds appropriated under this section in any year for
monitoring and evaluation of grants made available under this
section;
``(3) the Attorney General of the United States shall not
use more than 2.5 percent of funds appropriated under this
section in any year for administration of grants made available
under this section; and
``(4) up to 8 percent of funds appropriated under this
section in any year shall be available to provide technical
assistance for programs funded under this section.
``(g) Dissemination of Information.--Not later than 12 months after
the end of the grant period under this section, the Director shall
prepare, submit to Congress, and make widely available, including
through electronic means, summaries that contain information on--
``(1) the activities implemented by the recipients of the
grants awarded under this section; and
``(2) related initiatives undertaken by the Director to
promote attention to dating violence, domestic violence, sexual
assault, and stalking and their impact on young victims by--
``(A) the staffs of courts;
``(B) domestic violence, dating violence, sexual
assault, and stalking service providers; and
``(C) law enforcement agencies and community
organizations.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 in each of fiscal
years 2006 through 2010.
``SEC. 41203. GRANTS FOR TRAINING AND COLLABORATION ON THE INTERSECTION
BETWEEN DOMESTIC VIOLENCE AND CHILD MALTREATMENT.
``(a) Purpose.--The purpose of this section is to support efforts
by child welfare agencies, domestic violence or dating violence victim
services providers, courts, law enforcement, and other related
professionals and community organizations to develop collaborative
responses and services and provide cross-training to enhance community
responses to families where there is both child maltreatment and
domestic violence.
``(b) Grants Authorized.--The Secretary of the Department of Health
and Human Services (in this section referred to as the `Secretary'),
through the Family and Youth Services Bureau, and in consultation with
the Office on Violence Against Women, shall award grants on a
competitive basis to eligible entities for the purposes and in the
manner described in this section.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2006 through 2010. Funds appropriated under this section shall
remain available until expended. Of the amounts appropriated to carry
out this section for each fiscal year, the Secretary shall--
``(1) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting activities
under this section;
``(2) set aside not more than 7 percent for grants to
programs addressing child maltreatment and domestic violence or
dating violence that are operated by, or in partnership with, a
tribal organization; and
``(3) set aside up to 8 percent for technical assistance
and training to be provided by organizations having
demonstrated expertise in developing collaborative community
and system responses to families in which there is both child
maltreatment and domestic violence or dating violence, which
technical assistance and training may be offered to
jurisdictions in the process of developing community responses
to families in which children are exposed to child maltreatment
and domestic violence or dating violence, whether or not they
are receiving funds under this section.
``(d) Underserved Populations.--In awarding grants under this
section, the Secretary shall consider the needs of racial, ethnic, and
other underserved populations.
``(e) Grant Awards.--The Secretary shall award grants under this
section for periods of not more than 2 fiscal years.
``(f) Uses of Funds.--Entities receiving grants under this section
shall use amounts provided to develop collaborative responses and
services and provide cross-training to enhance community responses to
families where there is both child maltreatment and domestic violence
or dating violence. Amounts distributed under this section may only be
used for programs and activities described in subsection (g).
``(g) Programs and Activities.--The programs and activities
developed under this section shall--
``(1) encourage cross training, education, service
development, and collaboration among child welfare agencies,
domestic violence victim service providers, and courts, law
enforcement agencies, community-based programs, and other
entities, in order to ensure that such entities have the
capacity to and will identify, assess, and respond
appropriately to--
``(A) domestic violence or dating violence in homes
where children are present and may be exposed to the
violence;
``(B) domestic violence or dating violence in child
protection cases; and
``(C) the needs of both the child and nonabusing
parent;
``(2) establish and implement policies, procedures,
programs, and practices for child welfare agencies, domestic
violence victim service providers, courts, law enforcement
agencies, and other entities, that are consistent with the
principles of protecting and increasing the immediate and long-
term safety and well being of children and non-abusing parents
and caretakers;
``(3) increase cooperation and enhance linkages between
child welfare agencies, domestic violence victim service
providers, courts, law enforcement agencies, and other entities
to provide more comprehensive community-based services
(including health, mental health, social service, housing, and
neighborhood resources) to protect and to serve both child and
adult victims;
``(4) identify, assess, and respond appropriately to
domestic violence or dating violence in child protection cases
and to child maltreatment when it co-occurs with domestic
violence or dating violence;
``(5) analyze and change policies, procedures, and
protocols that contribute to overrepresentation of racial and
ethnic minorities in the court and child welfare system; and
``(6) provide appropriate referrals to community-based
programs and resources, such as health and mental health
services, shelter and housing assistance for adult and youth
victims and their children, legal assistance and advocacy for
adult and youth victims, assistance for parents to help their
children cope with the impact of exposure to domestic violence
or dating violence and child maltreatment, appropriate
intervention and treatment for adult perpetrators of domestic
violence or dating violence whose children are the subjects of
child protection cases, programs providing support and
assistance to racial and ethnic populations, and other
necessary supportive services.
``(i) Grantee Requirements.--
``(1) Applications.--Under this section, an entity shall
prepare and submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, consistent with the requirements
described herein. The application shall--
``(A) ensure that communities impacted by these
systems or organizations are adequately represented in
the development of the application, the programs and
activities to be undertaken, and that they have a
significant role in evaluating the success of the
project;
``(B) describe how the training and collaboration
activities will enhance or ensure the safety and
economic security of families where both child
maltreatment and domestic violence or dating violence
occurs by providing appropriate resources, protection,
and support to the victimized parents of such children
and to the children themselves; and
``(C) outline methods and means participating
entities will use to ensure that all services are
provided in a developmentally, linguistically and
culturally competent manner and will utilize community-
based supports and resources.
``(2) Eligible entities.--To be eligible for a grant under
this section, an entity shall be a collaboration that--
``(A) shall include a State or local child welfare
agency or Indian Tribe;
``(B) shall include a domestic violence or dating
violence victim service provider;
``(C) shall include a law enforcement agency or
Bureau of Indian Affairs providing tribal law
enforcement;
``(D) may include a court; and
``(E) may include any other such agencies or
private nonprofit organizations and faith-based
organizations, including community-based organizations,
with the capacity to provide effective help to the
child and adult victims served by the collaboration.''.
SEC. 304. GRANTS TO REDUCE VIOLENCE AGAINST WOMEN ON CAMPUS.
Section 826 of the Higher Education Amendments of 1998 (20 U.S.C.
1152) is amended--
(1) in subsection (a)(2), by adding at the end the
following: ``The Attorney General, through the Director of the
Office on Violence Against Women, shall award the grants in
amounts of not more than $500,000 for individual institutions
of higher education and not more than $1,000,000 for consortia
of such institutions.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by inserting ``develop and implement
campus policies, protocols, and services that''
after ``boards to''; and
(ii) by adding at the end the following:
``Within 90 days after the date of enactment of
the Violence Against Women Act of 2005, the
Attorney General shall issue and make available
minimum standards of training relating to
violent crimes against women on campus, for all
campus security personnel and personnel serving
on campus disciplinary or judicial boards.'';
(B) in paragraph (4), by striking all that follows
``strengthen'' and inserting: ``victim services
programs on the campuses of the institutions involved,
including programs providing legal, medical, or
psychological counseling, for victims of domestic
violence, dating violence, or sexual assault, and to
improve delivery of victim assistance on campus. To the
extent practicable, such an institution shall
collaborate with any entities carrying out nonprofit
and other victim services programs, including sexual
assault, domestic violence, and dating violence victim
services programs in the community in which the
institution is located. If appropriate victim services
programs are not available in the community or are not
accessible to students, the institution shall, to the
extent practicable, provide a victim services program
on campus or create a victim services program in
collaboration with a community-based organization. The
institution shall use not less than 20 percent of the
funds made available through the grant for a victim
services program provided in accordance with this
paragraph.'';
(C) by striking paragraphs (6) and (8);
(D) by redesignating paragraphs (7), (9), and (10)
as paragraphs (6), (7), and (8), respectively;
(3) in subsection (c), by striking paragraph (2)(B) and
inserting the following:
``(B) include proof that the institution of higher
education collaborated with any nonprofit,
nongovernmental entities carrying out other victim
services programs, including sexual assault, domestic
violence, and dating violence victim services programs
in the community in which the institution is
located;'';
(4) in subsection (d)--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Nondisclosure of confidential or private
information.--
``(A) In general.--In order to ensure the safety of
adult, youth, and child victims of domestic violence,
dating violence, sexual assault, or stalking, and their
families, grantee and subgrantees under this title
shall protect the confidentiality and privacy of
persons receiving services.
``(B) Nondisclosure.--Subject to subparagraph (C),
grantees and subgrantees shall not--
``(i) disclose any personally identifying
information or individual information collected
in connection with services requested,
utilized, or denied through grantees' and
subgrantees' programs; or
``(ii) reveal individual client information
without the informed, written, reasonably time-
limited consent of the person (or in the case
of an unemancipated minor, the minor and the
parent or guardian or in the case of persons
with disabilities, the guardian) about whom
information is sought, whether for this program
or any other Federal, State, tribal, or
territorial grant program.
``(C) Release.--If release of information described
in subparagraph (B) is compelled by statutory or court
mandate--
``(i) grantees and subgrantees shall make
reasonable attempts to provide notice to
victims affected by the disclosure of
information; and
``(ii) grantees and subgrantees shall take
steps necessary to protect the privacy and
safety of the persons affected by the release
of the information.
``(D) Information sharing.--Grantees and
subgrantees may share--
``(i) nonpersonally identifying data in the
aggregate regarding services to their clients
and nonpersonally identifying demographic
information in order to comply with Federal,
State, tribal, or territorial reporting,
evaluation, or data collection requirements;
``(ii) court-generated information and law-
enforcement generated information contained in
secure, governmental registries for protection
order enforcement purposes; and
``(iii) law-enforcement and prosecution-
generated information for law enforcement and
prosecution purposes.
``(E) Personally identifying information or
personal information.--The term `personally identifying
information' or `personal information' means
individually identifying information for or about an
individual including information likely to disclose the
location of a victim of domestic violence, dating
violence, sexual assault, or stalking, including--
``(i) a first and last name;
``(ii) a home or other physical address;
``(iii) contact information (including a postal, e-
mail or Internet protocol address, or telephone or
facsimile number);
``(iv) a social security number; and
``(v) any other information, including, date of
birth, racial or ethnic background, or religious
affiliation, that, in combination with any of clauses
(i) through (iv), would serve to identify any
individual.''; and
(5) in subsection (g), by--
(A) striking ``$10,000,000'' and inserting
``$15,000,000'';
(B) striking ``2001'' and inserting ``2006''; and
(C) striking ``2005'' and inserting ``2010''.
SEC. 305. JUVENILE JUSTICE.
(a) State Plans.--Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (7)(B)--
(A) by redesignating clauses (i), (ii) and (iii),
as clauses (ii), (iii), and (iv), respectively; and
(B) by inserting before clause (ii) the following:
``(i) an analysis of gender-specific services for
the prevention and treatment of juvenile delinquency,
including the types of such services available and the
need for such services for females;''.
(b) Use of Funds.--Section 223(a)(9) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(9)) is amended--
(1) in subparagraph (R), by striking ``and'' at the end;
(2) in subparagraph (S), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(T) developing and adopting policies to prohibit
disparate treatment of female juveniles in placement
and treatment, and establishing gender-specific
services to ensure that female juveniles have access to
the full range of health and mental health services,
treatment for physical or sexual assault and abuse,
education in parenting, education in general, and other
training and vocational services.''.
SEC. 306. SAFE HAVENS.
Section 1301 of the Victims of Trafficking and Violence Protection
Act of 2000 (42 U.S.C. 10420) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 10402. SAFE HAVENS FOR CHILDREN.'';
(2) in subsection (a)--
(A) by inserting ``, through the Director of the
Office on Violence Against Women,'' after ``Attorney
General'';
(B) by inserting ``dating violence,'' after
``domestic violence,'';
(C) by striking ``to provide'' and inserting the
following:
``(1) to provide'';
(D) by striking the period at the end and inserting
a semicolon; and
(E) by adding at the end the following:
``(2) to protect children from the trauma of witnessing
domestic or dating violence or experiencing abduction, injury,
or death during parent and child visitation exchanges;
``(3) to protect parents or caretakers who are victims of
domestic and dating violence from experiencing further
violence, abuse, and threats during child visitation exchanges;
and
``(4) to protect children from the trauma of experiencing
sexual assault or other forms of physical assault or abuse
during parent and child visitation and visitation exchanges.'';
and
(3) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $20,000,000 for each of fiscal years
2006 through 2010. Funds appropriated under this section shall
remain available until expended.
``(2) Use of funds.--Of the amounts appropriated to carry
out this section for each fiscal year, the Attorney General
shall--
``(A) set aside not less than 5 percent for grants
to Indian tribal governments or tribal organizations;
``(B) use not more than 3 percent for evaluation,
monitoring, site visits, grantee conferences, and other
administrative costs associated with conducting
activities under this section; and
``(C) set aside not more than 8 percent for
technical assistance and training to be provided by
organizations having nationally recognized expertise in
the design of safe and secure supervised visitation
programs and visitation exchange of children in
situations involving domestic violence, dating
violence, sexual assault, or stalking.''.
TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE
SEC. 401. PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN.
The Violence Against Women Act of 1994 (108 Stat. 1902 et seq.) is
amended by adding at the end the following:
``Subtitle M--Strengthening America's Families by Preventing Violence
Against Women and Children
``SEC. 41301. FINDINGS.
``Congress finds that--
``(1) the former United States Advisory Board on Child
Abuse suggests that domestic violence may be the single major
precursor to child abuse and neglect fatalities in this
country;
``(2) studies suggest that as many as 10,000,000 children
witness domestic violence every year;
``(3) studies suggest that among children and teenagers,
recent exposure to violence in the home was a significant
factor in predicting a child's violent behavior;
``(4) a study by the Nurse-Family Partnership found that
children whose parents did not participate in home visitation
programs that provided coaching in parenting skills, advice and
support, were almost 5 times more likely to be abused in their
first 2 years of life;
``(5) a child's exposure to domestic violence seems to pose
the greatest independent risk for being the victim of any act
of partner violence as an adult;
``(6) children exposed to domestic violence are more likely
to believe that using violence is an effective means of getting
one's needs met and managing conflict in close relationships;
``(7) children exposed to abusive parenting, harsh or
erratic discipline, or domestic violence are at increased risk
for juvenile crime; and
``(8) in a national survey of more than 6,000 American
families, 50 percent of men who frequently assaulted their
wives also frequently abused their children.
``SEC. 41302. PURPOSE.
``The purpose of this subtitle is to--
``(1) prevent crimes involving violence against women,
children, and youth;
``(2) increase the resources and services available to
prevent violence against women, children, and youth;
``(3) reduce the impact of exposure to violence in the
lives of children and youth so that the intergenerational cycle
of violence is interrupted;
``(4) develop and implement education and services programs
to prevent children in vulnerable families from becoming
victims or perpetrators of domestic violence, dating violence,
sexual assault, or stalking;
``(5) promote programs to ensure that children and youth
receive the assistance they need to end the cycle of violence
and develop mutually respectful, nonviolent relationships; and
``(6) encourage collaboration among community-based
organizations and governmental agencies serving children and
youth, providers of health and mental health services and
providers of domestic violence, dating violence, sexual
assault, and stalking victim services to prevent violence
against women and children.
``SEC. 41303. GRANTS TO ASSIST CHILDREN AND YOUTH EXPOSED TO VIOLENCE.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Administration for Children, Youth, and
Families of the Department of Health and Human Services, is
authorized to award grants on a competitive basis to eligible
entities for the purpose of mitigating the effects of domestic
violence, dating violence, sexual assault, and stalking on
children exposed to such violence, and reducing the risk of
future victimization or perpetration of domestic violence,
dating violence, sexual assault, and stalking.
``(2) Term.--The Director shall make grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved
populations;
``(B) awarding not less than 7 percent of such
amounts for the funding of tribal projects from the
amounts made available under this section for a fiscal
year;
``(C) awarding up to 8 percent for the funding of
technical assistance programs from the amounts made
available under this section for a fiscal year; and
``(D) awarding not less than 66 percent to programs
described in subsection (c)(1) from the amounts made
available under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2010.
``(c) Use of Funds.--The funds appropriated under this section
shall be used for--
``(1) programs that provide services for children exposed
to domestic violence, dating violence, sexual assault, or
stalking, which may include direct counseling, advocacy, or
mentoring, and must include support for the nonabusing parent
or the child's caretaker; or
``(2) training, coordination, and advocacy for programs
that serve children and youth (such as Head Start, child care,
and after-school programs) on how to safely and confidentially
identify children and families experiencing domestic violence
and properly refer them to programs that can provide direct
services to the family and children, and coordination with
other domestic violence or other programs serving children
exposed to domestic violence, dating violence, sexual assault,
or stalking that can provide the training and direct services
referenced in this subsection.
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a--
``(1) a victim service provider, tribal nonprofit
organization or community-based organization that has a
documented history of effective work concerning children or
youth exposed to domestic violence, dating violence, sexual
assault, or stalking, including programs that provide
culturally specific services, Head Start, childcare, faith-
based organizations, after school programs, and health and
mental health providers; or
``(2) a State, territorial, or tribal, or local unit of
government agency that is partnered with an organization
described in paragraph (1).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) at a minimum, describe in the application the
policies and procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of
children who have been or are being exposed to violence
and their nonabusing parent, enhance or ensure the
safety and security of children and their nonabusing
parent in homes already experiencing domestic violence,
dating violence, sexual assault, or stalking; and
``(B) ensure linguistically, culturally, and
community relevant services for racial, ethnic, and
other underserved communities.
``SEC. 41304. DEVELOPMENT OF CURRICULA AND PILOT PROGRAMS FOR HOME
VISITATION PROJECTS.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Administration for Children, Youth, and
Families of the Department of Health and Human Services, shall
award grants on a competitive basis to home visitation
programs, in collaboration with victim service providers, for
the purposes of developing and implementing model policies and
procedures to train home visitation service providers on
addressing domestic violence, dating violence, sexual assault,
and stalking in families experiencing violence, or at risk of
violence, to reduce the impact of that violence on children,
maintain safety, improve parenting skills, and break
intergenerational cycles of violence.
``(2) Term.--The Director shall make the grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall--
``(A) consider the needs of underserved
populations;
``(B) award not less than 7 percent of such amounts
for the funding of tribal projects from the amounts
made available under this section for a fiscal year;
and
``(C) award up to 8 percent for the funding of
technical assistance programs from the amounts made
available under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000 for each of fiscal
years 2006 through 2010.
``(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a national, Federal, State, local,
territorial, or tribal--
``(1) home visitation program that provides services to
pregnant women and to young children and their parent or
primary caregiver that are provided in the permanent or
temporary residence or in other familiar surroundings of the
individual or family receiving such services; or
``(2) victim services organization or agency in
collaboration with an organization or organizations listed in
paragraph (1).
``(d) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) describe in the application the policies and
procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of
children and their nonabusing parent in homes already
experiencing domestic violence, dating violence, sexual
assault, or stalking;
``(B) ensure linguistically, culturally, and
community relevant services for racial ethnic and other
underserved communities;
``(C) ensure the adequate training by domestic
violence, dating violence, sexual assault or stalking
victim service providers of home visitation grantee
program staff to--
``(i) safely screen for and/or recognize
domestic violence, dating violence, sexual
assault, and stalking;
``(ii) understand the impact of domestic
violence or sexual assault on children and
protective actions taken by a nonabusing parent
or caretaker in response to violence against
anyone in the household; and
``(iii) link new parents with existing
community resources in communities where
resources exist; and
``(D) ensure that relevant State and local domestic
violence, dating violence, sexual assault, and stalking
victim service providers and coalitions are aware of
the efforts of organizations receiving grants under
this section, and are included as training partners,
where possible.
``SEC. 41305. ENGAGING MEN AND YOUTH IN PREVENTING DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Office on Violence Against Women, and in
collaboration with the Administration for Children, Youth, and
Families of the Department of Health and Human Services, shall
award grants on a competitive basis to eligible entities for
the purpose of developing or enhancing programs related to
engaging men and youth in preventing domestic violence, dating
violence, sexual assault, and stalking by helping them to
develop mutually respectful, nonviolent relationships.
``(2) Term.--The Director shall make grants under this
section for a period of 2 fiscal years.
``(3) Award basis.--The Director shall award grants--
``(A) considering the needs of underserved
populations;
``(B) awarding not less than 7 percent of such
amounts for the funding of tribal projects from the
amounts made available under this section for a fiscal
year; and
``(C) awarding up to 8 percent for the funding of
technical assistance for grantees and non-grantees
working in this area from the amounts made available
under this section for a fiscal year.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2006 through 2010.
``(c) Use of Funds.--
``(1) Programs.--The funds appropriated under this section
shall be used by eligible entities for--
``(A) to develop or enhance community-based
programs, including gender-specific programs in
accordance with applicable laws that--
``(i) encourage children and youth to
pursue nonviolent relationships and reduce
their risk of becoming victims or perpetrators
of domestic violence, dating violence, sexual
assault, or stalking; and
``(ii) that include at a minimum--
``(I) information on domestic
violence, dating violence, sexual
assault, stalking, or child sexual
abuse and how they affect children and
youth; and
``(II) strategies to help
participants be as safe as possible; or
``(B) create public education campaigns and
community organizing to encourage men and boys to work
as allies with women and girls to prevent violence
against women and girls conducted by entities that have
experience in conducting public education campaigns
that address domestic violence, dating violence, sexual
assault, or stalking.
``(2) Media limits.--No more than 40 percent of funds
received by a grantee under this section may be used to create
and distribute media materials.
``(d) Eligible Entities.--
``(1) Relationships.--Eligible entities under subsection
(c)(1)(A) are--
``(A) nonprofit, nongovernmental domestic violence,
dating violence, sexual assault, or stalking victim
service providers or coalitions;
``(B) community-based child or youth services
organizations with demonstrated experience and
expertise in addressing the needs and concerns of young
people;
``(C) a State, territorial, tribal, or unit of
local governmental entity that is partnered with an
organization described in subparagraph (A) or (B); or
``(D) a program that provides culturally specific
services.
``(2) Awareness campaign.--Eligible entities under
subsection (c)(1)(B) are--
``(A) nonprofit, nongovernmental organizations or
coalitions that have a documented history of creating
and administering effective public education campaigns
addressing the prevention of domestic violence, dating
violence, sexual assault or stalking; or
``(B) a State, territorial, tribal, or unit of
local governmental entity that is partnered with an
organization described in subparagraph (A).
``(e) Grantee Requirements.--Under this section, an entity shall--
``(1) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
``(2) describe in the application the policies and
procedures that the entity has or will adopt to--
``(A) enhance or ensure the safety and security of
children and youth already experiencing domestic
violence, dating violence, sexual assault, or stalking
in their lives;
``(B) ensure linguistically, culturally, and
community relevant services for racial, ethnic, and
other underserved communities;
``(C) inform participants about laws, services, and
resources in the community, and make referrals as
appropriate; and
``(D) ensure that State and local domestic
violence, dating violence, sexual assault, and stalking
victim service providers and coalitions are aware of
the efforts of organizations receiving grants under
this section.''.
SEC. 402. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) Purposes.--The Secretary of Health and Human Services acting
through the National Center for Injury Prevention and Control at the
Centers for Disease Control Prevention shall make grants to entities,
including sexual assault coalitions and programs, research
organizations, tribal organizations, and academic institutions to
support research to examine prevention and intervention programs to
further the understanding of sexual and domestic violence by and
against adults, youth, and children.
(b) Use of Funds.--The research conducted under this section shall
include the following areas:
(1) Evaluation and study of best practices for reducing and
preventing violence against women and children addressed by the
strategies included in this title, including strategies
addressing racial, ethnic, and other underserved communities.
(2) An evaluation of the efficacy and effectiveness of
interventions and policies targeting offenders and potential
offenders to prevent perpetration of sexual and domestic
violence.
(3) An examination of the social norms and family structure
that support sexual and domestic violence and to evaluate
strategies to change them.
(c) Authorization of Appropriations.--There shall be authorized to
be appropriated to carry out this title $2,000,000 for each of the
fiscal years 2006 through 2010.
TITLE V--STRENGTHENING THE HEALTHCARE SYSTEM'S RESPONSE TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 501. FINDINGS.
Congress makes the following findings:
(1) The health-related costs of intimate partner violence
in the United States exceed $5,800,000,000 annually.
(2) Thirty-seven percent of all women who sought care in
hospital emergency rooms for violence-related injuries were
injured by a current or former spouse, boyfriend, or
girlfriend.
(3) In addition to injuries sustained during violent
episodes, physical and psychological abuse is linked to a
number of adverse physical and mental health effects. Women who
have been abused are much more likely to suffer from chronic
pain, diabetes, depression, unintended pregnancies, substance
abuse and sexually transmitted infections, including HIV/AIDS.
(4) Health plans spend an average of $1,775 more a year on
abused women than on general enrollees.
(5) Each year about 324,000 pregnant women in the United
States are battered by the men in their lives. This battering
leads to complications of pregnancy, including low weight gain,
anemia, infections, and first and second trimester bleeding.
(6) Pregnant and recently pregnant women are more likely to
be victims of homicide than to die of any other pregnancy-
related cause, and evidence exists that a significant
proportion of all female homicide victims are killed by their
intimate partners.
(7) Children who witness domestic violence are more likely
to exhibit behavioral and physical health problems including
depression, anxiety, and violence towards peers. They are also
more likely to attempt suicide, abuse drugs and alcohol, run
away from home, engage in teenage prostitution, and commit
sexual assault crimes.
(8) Recent research suggests that women experiencing
domestic violence significantly increase their safety-promoting
behaviors over the short- and long-term when health care
providers screen for, identify, and provide followup care and
information to address the violence.
(9) Currently, only about 10 percent of primary care
physicians routinely screen for intimate partner abuse during
new patient visits and 9 percent routinely screen for intimate
partner abuse during periodic checkups.
(10) Recent clinical studies have proven the effectiveness
of a 2-minute screening for early detection of abuse of
pregnant women. Additional longitudinal studies have tested a
10-minute intervention that was proven highly effective in
increasing the safety of pregnant abused women. Comparable
research does not yet exist to support the effectiveness of
screening men.
(11) Seventy to 81 percent of the patients studied reported
that they would like their healthcare providers to ask them
privately about intimate partner violence.
SEC. 502. PURPOSE.
It is the purpose of this title to improve the health care system's
response to domestic violence, dating violence, sexual assault, and
stalking through the training and education of health care providers,
developing comprehensive public health responses to violence against
women and children, increasing the number of women properly screened,
identified, and treated for lifetime exposure to violence, and
expanding research on effective interventions in the health care
setting.
SEC. 503. TRAINING AND EDUCATION OF HEALTH PROFESSIONALS IN DOMESTIC
AND SEXUAL VIOLENCE.
Part D of title VII of the Public Health Service Act (42 U.S.C. 294
et seq.) is amended by adding at the end the following:
``SEC. 758. INTERDISCIPLINARY TRAINING AND EDUCATION ON DOMESTIC
VIOLENCE AND OTHER TYPES OF VIOLENCE AND ABUSE.
``(a) Grants.--The Secretary, acting through the Director of the
Health Resources and Services Administration, shall award grants under
this section to develop interdisciplinary training and education
programs that provide undergraduate, graduate, post-graduate medical,
nursing (including advanced practice nursing students), and other
health professions students with an understanding of, and clinical
skills pertinent to, domestic violence, sexual assault, stalking, and
dating violence.
``(b) Eligibility.--To be eligible to receive a grant under this
section an entity shall--
``(1) be an accredited school of allopathic or osteopathic
medicine;
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, including--
``(A) information to demonstrate that the applicant
includes the meaningful participation of a school of
nursing and at least one other school of health
professions or graduate program in public health,
dentistry, social work, midwifery, or behavioral and
mental health;
``(B) strategies for the dissemination and sharing
of curricula and other educational materials developed
under the grant to other interested medical and nursing
schools and national resource repositories for
materials on domestic violence and sexual assault; and
``(C) a plan for consulting with, and compensating
community-based coalitions or individuals who have
experience and expertise in issues related to domestic
violence, sexual assault, dating violence, and stalking
for services provided under the program carried out
under the grant.
``(c) Use of Funds.--
``(1) Required uses.--Amounts provided under a grant under
this section shall be used to--
``(A) fund interdisciplinary training and education
projects that are designed to train medical, nursing,
and other health professions students and residents to
identify and provide health care services (including
mental or behavioral health care services and referrals
to appropriate community services) to individuals who
are or who have experienced domestic violence, sexual
assault, and stalking or dating violence; and
``(B) plan and develop culturally competent
clinical components for integration into approved
residency training programs that address health issues
related to domestic violence, sexual assault, dating
violence, and stalking, along with other forms of
violence as appropriate, and include the primacy of
victim safety and confidentiality.
``(2) Permissive uses.--Amounts provided under a grant
under this section may be used to--
``(A) offer community-based training opportunities
in rural areas for medical, nursing, and other students
and residents on domestic violence, sexual assault,
stalking, and dating violence, and other forms of
violence and abuse, which may include the use of
distance learning networks and other available
technologies needed to reach isolated rural areas; or
``(B) provide stipends to students from racial and
ethnic population groups who are underrepresented in
the health professions as necessary to promote and
enable their participation in clerkships,
preceptorships, or other offsite training experiences
that are designed to develop health care clinical
skills related to domestic violence, sexual assault,
dating violence, and stalking.
``(3) Requirements.--
``(A) Confidentiality and safety.--Grantees under
this section shall ensure that all educational programs
developed with grant funds address issues of
confidentiality and patient safety, and that faculty
and staff associated with delivering educational
components are fully trained in procedures that will
protect the immediate and ongoing security of the
patients, patient records, and staff. Advocacy-based
coalitions or other expertise available in the
community shall be consulted on the development and
adequacy of confidentially and security procedures, and
shall be fairly compensated by grantees for their
services.
``(B) Rural programs.--Rural training programs
carried out under paragraph (2)(A) shall reflect
adjustments in protocols and procedures or referrals
that may be needed to protect the confidentiality and
safety of patients who live in small or isolated
communities and who are currently or have previously
experienced violence or abuse.
``(4) Child and elder abuse.--Issues related to child and
elder abuse may be addressed as part of a comprehensive
programmatic approach implemented under a grant under this
section.
``(d) Requirements of Grantees.--
``(1) Limitation on administrative expenses.--A grantee
shall not use more than 10 percent of the amounts received
under a grant under this section for administrative expenses.
``(2) Contribution of funds.--A grantee under this section,
and any entity receiving assistance under the grant for
training and education, shall contribute non-Federal funds,
either directly or through in-kind contributions, to the costs
of the activities to be funded under the grant in an amount
that is not less than 25 percent of the total cost of such
activities.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $3,000,000 for each of fiscal
years 2006 through 2010. Amounts appropriated under this subsection
shall remain available until expended.''.
SEC. 504. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
GRANTS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399P. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
``(a) Authority To Award Grants.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall award grants to eligible State, tribal, territorial, or
local entities to strengthen the response of State, tribal,
territorial, or local health care systems to domestic violence,
dating violence, sexual assault, and stalking.
``(2) Eligible entities.--To be eligible to receive a grant
under this section, an entity shall--
``(A) be--
``(i) a State department (or other
division) of health, a State domestic or sexual
assault coalition or service-based program,
State law enforcement task force, or any other
nonprofit, nongovernmental, tribal,
territorial, or State entity with a history of
effective work in the fields of domestic
violence, dating violence, sexual assault or
stalking, and health care; or
``(ii) a local, nonprofit domestic
violence, dating violence, sexual assault, or
stalking service-based program, a local
department (or other division) of health, a
local health clinic, hospital, or health
system, or any other nonprofit, tribal, or
local entity with a history of effective work
in the field of domestic or sexual violence and
health;
``(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such agreements, assurances, and information
as the Secretary determines to be necessary to carry
out the purposes for which the grant is to be made; and
``(C) demonstrate that the entity is representing a
team of organizations and agencies working
collaboratively to strengthen the response of the
health care system involved to domestic violence,
dating violence, sexual assault, or stalking and that
such team includes domestic violence, dating violence,
sexual assault or stalking and health care
organizations.
``(3) Duration.--A program conducted under a grant awarded
under this section shall not exceed 2 years.
``(b) Use of Funds.--
``(1) In general.--An entity shall use amounts received
under a grant under this section to design and implement
comprehensive strategies to improve the response of the health
care system involved to domestic or sexual violence in clinical
and public health settings, hospitals, clinics, managed care
settings (including behavioral and mental health), and other
health settings.
``(2) Mandatory strategies.--Strategies implemented under
paragraph (1) shall include the following:
``(A) The implementation, dissemination, and
evaluation of policies and procedures to guide health
care professionals and behavioral and public health
staff in responding to domestic violence, dating
violence, sexual assault, and stalking, including
strategies to ensure that health information is
maintained in a manner that protects the patient's
privacy and safety and prohibits insurance
discrimination.
``(B) The development of on-site access to services
to address the safety, medical, mental health, and
economic needs of patients either by increasing the
capacity of existing health care professionals and
behavioral and public health staff to address domestic
violence, dating violence, sexual assault, and
stalking, by contracting with or hiring domestic or
sexual assault advocates to provide the services, or to
model other services appropriate to the geographic and
cultural needs of a site.
``(C) The evaluation of practice and the
institutionalization of identification, intervention,
and documentation including quality improvement
measurements.
``(D) The provision of training and followup
technical assistance to health care professionals,
behavioral and public health staff, and allied health
professionals to identify, assess, treat, and refer
clients who are victims of domestic violence, dating
violence, sexual violence, or stalking.
``(3) Permissive strategies.--Strategies implemented under
paragraph (1) may include the following:
``(A) Where appropriate, the development of
training modules and policies that address the overlap
of child abuse, domestic violence, dating violence,
sexual assault, and stalking and elder abuse as well as
childhood exposure to domestic violence.
``(B) The creation, adaptation, and implementation
of public education campaigns for patients concerning
domestic violence, dating violence, sexual assault, and
stalking prevention.
``(C) The development, adaptation, and
dissemination of domestic violence, dating violence,
sexual assault, and stalking education materials to
patients and health care professionals and behavioral
and public health staff.
``(D) The promotion of the inclusion of domestic
violence, dating violence, sexual assault, and stalking
into health professional training schools, including
medical, dental, nursing school, social work, and
mental health curriculum.
``(E) The integration of domestic violence, dating
violence, sexual assault, and stalking into health care
accreditation and professional licensing examinations,
such as medical, dental, social work, and nursing
boards.
``(c) Allocation of Funds.--Funds appropriated under this section
shall be distributed equally between State and local programs.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to award grants under this section, $5,000,000 for each of
fiscal years 2006 through 2010.''.
SEC. 505. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTHCARE
SETTING.
Subtitle B of the Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1902 et seq.), as amended by the Violence Against
Women Act of 2000 (114 Stat. 1491 et seq.), and as amended by this Act,
is further amended by adding at the end the following:
``CHAPTER 11--RESEARCH ON EFFECTIVE INTERVENTIONS TO ADDRESS VIOLENCE
AGAINST WOMEN
``SEC. 40297. RESEARCH ON EFFECTIVE INTERVENTIONS IN THE HEALTH CARE
SETTING.
``(a) Purpose.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention and the Director of the
Agency for Healthcare Research and Quality, shall award grants and
contracts to fund research on effective interventions in the health
care setting that prevent domestic violence, dating violence, and
sexual assault across the lifespan and that prevent the health effects
of such violence and improve the safety and health of individuals who
are currently being victimized.
``(b) Use of Funds.--Research conducted with amounts received under
a grant or contract under this section shall include the following:
``(1) With respect to the authority of the Centers for
Disease Control and Prevention--
``(A) research on the effects of domestic violence,
dating violence, sexual assault, and childhood exposure
to domestic, dating, or sexual violence, on health
behaviors, health conditions, and the health status of
individuals, families, and populations; and
``(B) research and testing of best messages and
strategies to mobilize public and health care provider
action concerning the prevention of domestic, dating,
or sexual violence; and
``(2) With respect to the authority of the Agency for
Healthcare Research and Quality--
``(A) research on the impact on the health care
system, health care utilization, health care costs, and
health status of domestic and dating violence and
childhood exposure to domestic and dating violence; and
``(B) research on effective interventions within
primary care and emergency health care settings and
with health care settings that include clinical
partnerships within community domestic violence
providers for adults and children exposed to domestic
or dating violence.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2006 through 2010.''.
TITLE VI--HOUSING OPPORTUNITIES AND SAFETY FOR BATTERED WOMEN AND
CHILDREN
SEC. 601. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
The Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) is
amended by adding at the end the following:
``Subtitle N--Addressing the Housing Needs of Victims of Domestic
Violence, Dating Violence, Sexual Assault, and Stalking
``SEC. 41401. FINDINGS.
``Congress finds that:
``(1) There is a strong link between domestic violence and
homelessness. Among cities surveyed, 44 percent identified
domestic violence as a primary cause of homelessness.
``(2) 92 percent of homeless women have experienced severe
physical or sexual abuse at some point in their lives. Of all
homeless women and children, 60 percent had been abused by age
12, and 63 percent have been victims of intimate partner
violence as adults.
``(3) Women and families across the country are being
discriminated against, denied access to, and even evicted from
public and subsidized housing because of their status as
victims of domestic violence.
``(4) A recent survey of legal service providers around the
country found that these providers have responded to almost 150
documented eviction cases in the last year alone where the
tenant was evicted because of the domestic violence crimes
committed against her. In addition, nearly 100 clients were
denied housing because of their status as victims of domestic
violence.
``(5) Women who leave their abusers frequently lack
adequate emergency shelter options. The lack of adequate
emergency options for victims presents a serious threat to
their safety and the safety of their children. Requests for
emergency shelter by homeless women with children increased by
78 percent of United States cities surveyed in 2004. In the
same year, 32 percent of the requests for shelter by homeless
families went unmet due to the lack of available emergency
shelter beds.
``(6) The average stay at an emergency shelter is 60 days,
while the average length of time it takes a homeless family to
secure housing is 6 to 10 months.
``(7) Victims of domestic violence often return to abusive
partners because they cannot find long-term housing.
``(8) There are not enough Federal housing rent vouchers
available to accommodate the number of people in need of long-
term housing. Some people remain on the waiting list for
Federal housing rent vouchers for years, while some lists are
closed.
``(9) Transitional housing resources and services provide
an essential continuum between emergency shelter provision and
independent living. A majority of women in transitional housing
programs stated that had these programs not existed, they would
have likely gone back to abusive partners.
``(10) Because abusers frequently manipulate finances in an
effort to control their partners, victims often lack steady
income, credit history, landlord references, and a current
address, all of which are necessary to obtain long-term
permanent housing.
``(11) Victims of domestic violence in rural areas face
additional barriers, challenges, and unique circumstances, such
as geographical isolation, poverty, lack of public
transportation systems, shortages of health care providers,
under-insurance or lack of health insurance, difficulty
ensuring confidentiality in small communities, and decreased
access to many resources (such as advanced education, job
opportunities, and adequate childcare).
``(12) Congress and the Secretary of Housing and Urban
Development have recognized in recent years that families
experiencing domestic violence have unique needs that should be
addressed by those administering the Federal housing programs.
``SEC. 41402. PURPOSE.
``The purpose of this subtitle is to reduce domestic violence,
dating violence, sexual assault, and stalking, and to prevent
homelessness by--
``(1) protecting the safety of victims of domestic
violence, dating violence, sexual assault, and stalking who
reside in homeless shelters, public housing, assisted housing,
Indian housing, or other emergency, transitional, permanent, or
affordable housing, and ensuring that such victims have
meaningful access to the criminal justice system without
jeopardizing such housing;
``(2) creating long-term housing solutions that develop
communities and provide sustainable living solutions for
victims of domestic violence, dating violence, sexual assault,
and stalking;
``(3) building collaborations between victim service
providers, homeless service providers, housing providers, and
housing agencies to provide appropriate services,
interventions, and training to address the housing needs of
victims of domestic violence, dating violence, sexual assault,
and stalking; and
``(4) enabling public and assisted housing agencies, Indian
housing authorities, private landlords, property management
companies, and other housing providers and agencies to respond
appropriately to domestic violence, dating violence, sexual
assault, and stalking, while maintaining a safe environment for
all housing residents.
``SEC. 41403. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `assisted housing' means housing assisted--
``(A) under section 221(d)(3), section 221(d)(4),
or section 236 of the National Housing Act (12 U.S.C.
1715l(d)(3), (d)(4), or 1715z-1);
``(B) under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); or
``(C) under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f);
``(2) the term `continuum of care' means a community plan
developed to organize and deliver housing and services to meet
the specific needs of people who are homeless as they move to
stable housing and achieve maximum self-sufficiency;
``(3) the term `Indian housing' means housing assistance
described in the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.);
``(4) the term `low-income housing assistance voucher'
means housing assistance described in section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f);
``(5) the term `public housing' means housing described in
section 3(b)(1) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(1));
``(6) the term `public housing agency' means an agency
described in section 3(b)(6) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(6));
``(7) the terms `homeless', `homeless individual', and
`homeless person'--
``(A) mean an individual who lacks a fixed,
regular, and adequate nighttime residence; and
``(B) includes--
``(i) an individual who--
``(I) is sharing the housing of
other persons due to loss of housing,
economic hardship, or a similar reason;
``(II) is living in a motel, hotel,
trailer park, or campground due to the
lack of alternative adequate
accommodations;
``(III) is living in an emergency
or transitional shelter;
``(IV) is abandoned in a hospital;
or
``(V) is awaiting foster care
placement;
``(ii) an individual who has a primary
nighttime residence that is a public or private
place not designed for or ordinarily used as a
regular sleeping accommodation for human
beings; or
``(iii) migratory children (as defined in
section 1309 of the Elementary and Secondary
Education Act of 1965; 20 U.S.C. 6399) who
qualify as homeless under this section because
the children are living in circumstances
described in this paragraph; and
``(8) the term `homeless service provider' means a
nonprofit, nongovernmental homeless service provider, such as a
homeless shelter, a homeless service or advocacy program, a
tribal organization serving homeless individuals, or coalition
or other nonprofit, nongovernmental organization carrying out a
community-based homeless or housing program that has a
documented history of effective work concerning homelessness.
``SEC. 41404. COLLABORATIVE GRANTS TO DEVELOP LONG-TERM HOUSING FOR
VICTIMS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary of Health and Human
Services, acting through the Administration on Children, Youth
and Families (`ACYF'), and in consultation with the Secretary
of Housing and Urban Development, shall award grants and
contracts for a period of not less than 2 years to eligible
entities to develop long-term housing options for adult and
youth victims of domestic violence, dating violence, sexual
assault, and stalking who are currently homeless or at risk for
becoming homeless.
``(2) Amount.--The Secretary of Health and Human Services
shall award--
``(A) grants for projects that do not include the
cost of construction in amounts--
``(i) not less than $25,000 per year; and
``(ii) not more than $350,000 per year; and
``(B) grants for projects that do include the cost
of construction in amounts--
``(i) not less than $75,000 per year; and
``(ii) not more than $1,000,000 per year.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall demonstrate that it is a coalition or
partnership, applying jointly, that--
``(1) shall include a domestic violence victim service
provider;
``(2) shall include--
``(A) a homeless service provider;
``(B) a nonprofit, nongovernmental community
housing development organization or a Department of
Agriculture rural housing service program; or
``(C) in the absence of a homeless service provider
on tribal lands or nonprofit, nongovernmental community
housing development organization on tribal lands, an
Indian housing authority or tribal housing consortium;
``(3) may include a dating violence, sexual assault, or
stalking victim service provider;
``(4) may include housing developers, housing corporations,
State housing finance agencies, other housing agencies, and
associations representing landlords;
``(5) may include a public housing agency or Indian housing
authority;
``(6) may include tenant organizations in public or Indian
housing, as well as nonprofit, nongovernmental tenant
organizations;
``(7) may include other nonprofit, nongovernmental
organizations participating in the Department of Housing and
Urban Development's Continuum of Care process;
``(8) may include a State, tribal, territorial, or local
government or government agency; and
``(9) may include any other such agencies or nonprofit,
nongovernmental organizations with the capacity to provide
effective help to adult and youth victims of domestic violence,
dating violence, sexual assault, or stalking.
``(c) Application.--
``(1) In general.--Each eligible entity seeking a grant
under this section shall submit an application to the Secretary
of Health and Human Services at such time, in such manner, and
containing such information as the Secretary of Health and
Human Services may require.
``(2) Contents.--Each application shall be submitted to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Use of Funds.--Grants and contracts awarded to eligible
entities pursuant to subsection (a) shall be used to design or
replicate and implement new activities, services, and programs to
develop long-term housing options for adult and youth victims of
domestic violence, dating violence, sexual assault, or stalking, and
their dependents, who are currently homeless or at risk of becoming
homeless. Such activities, services, or programs--
``(1) shall participate in the Department of Housing and
Urban Development's Continuum of Care process, unless such a
process does not exist in the community to be served;
``(2) shall develop sustainable long-term housing in the
community by--
``(A) coordinating efforts and resources among the
various groups and organizations comprised in the
entity to access existing private and public funding;
``(B) placing individuals and families in long-term
housing; and
``(C) providing services to help individuals or
families find and maintain long-term housing, including
financial and support assistance;
``(3) may provide capital costs for the purchase,
preconstruction, construction, renovation, repair, or
conversion of affordable housing units;
``(4) may use funds for the continuing operation, upkeep,
maintenance, and use of housing described in paragraph (3); and
``(5) may provide to the community information about
housing and housing programs, and the process to locate and
obtain long-term housing.
``(e) Underserved Populations and Priorities.--In awarding grants
under this section, the Secretary of Health and Human Services, acting
through the ACYF, shall--
``(1) give priority to linguistically and culturally
specific services;
``(2) give priority to applications from entities that
include a sexual assault service provider as described in
subsection (b)(3);
``(3) award a minimum of 15 percent of the funds
appropriated under this section in any fiscal year to tribal
organizations; and
``(4) ensure that at least 2 of the grants awarded must
fund projects that include construction consistent with the
purposes in subsection (a)(i).
``(f) Definitions.--For purposes of this section--
``(1) the term `long-term housing' means housing that is
sustainable, accessible, affordable, and safe for the
foreseeable future and is--
``(A) rented or owned by the individual;
``(B) subsidized by a voucher or other program
which is not time-limited and is available for as long
as the individual meets the eligibility requirements
for the voucher or program; or
``(C) provided directly by a program, agency, or
organization and is not time-limited and is available
for as long as the individual meets the eligibility
requirements for the program, agency, or organization;
and
``(2) the term `affordable housing' means housing that
complies with the conditions set forth in section 215 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12745).
``(g) Evaluation, Monitoring, Administration, and Technical
Assistance.--For purposes of this section--
``(1) up to 3 percent of the funds appropriated under
subsection (h) for each fiscal year may be used by the
Secretary of Health and Human Services for evaluation,
monitoring, and administration costs under this section; and
``(2) up to 8 percent of the funds appropriated under
subsection (h) for each fiscal year may be used to provide
technical assistance to grantees under this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out the provisions of this section.
``SEC. 41405. GRANTS TO COMBAT VIOLENCE AGAINST WOMEN IN PUBLIC AND
ASSISTED HOUSING.
``(a) Purpose.--It is the purpose of this section to assist
eligible grantees in responding appropriately to domestic violence,
dating violence, sexual assault, and stalking so that the status of
being a victim of such a crime is not a reason for the denial or loss
of housing. Such assistance shall be accomplished through--
``(1) education and training of eligible entities;
``(2) development and implementation of appropriate housing
policies and practices;
``(3) enhancement of collaboration with victim service
providers and tenant organizations; and
``(4) reduction of the number of victims of such crimes who
are evicted or denied housing because of crimes and lease
violations committed or directly caused by the perpetrators of
such crimes.
``(b) Grants Authorized.--
``(1) In general.--The Attorney General, acting through the
Director of the Violence Against Women Office of the Department
of Justice (`Director'), and in consultation with the Secretary
of Housing and Urban Development (`Secretary'), and the
Secretary of Health and Human Services, acting through the
Administration for Children, Youth and Families (`ACYF'), shall
award grants and contracts for not less than 2 years to
eligible grantees to promote the full and equal access to and
use of housing by adult and youth victims of domestic violence,
dating violence, sexual assault, and stalking.
``(2) Amounts.--Not less than 15 percent of the funds
appropriated to carry out this section shall be available for
grants to Indian housing authorities.
``(3) Award basis.--The Attorney General shall award grants
and contracts under this section on a competitive basis.
``(4) Limitation.--Appropriated funds may only be used for
the purposes described in subsections (f) and (i).
``(c) Eligible Grantees.--
``(1) In General.--Eligible grantees are--
``(A) public housing agencies;
``(B) principally managed public housing resident
management corporations, as determined by the
Secretary;
``(C) public housing projects owned by public
housing agencies;
``(D) agencies and authorities receiving assistance
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
``(E) private, for-profit, and nonprofit owners or
managers of assisted housing.
``(2) Submission required for all grantees.--To receive
assistance under this section, an eligible grantee shall
certify that--
``(A) its policies and practices do not prohibit or
limit a resident's right to summon police or other
emergency assistance in response to domestic violence,
dating violence, sexual assault, or stalking;
``(B) programs and services are developed that give
a preference in admission to adult and youth victims of
such violence, consistent with local housing needs, and
applicable law and the Secretary's instructions;
``(C) it does not discriminate against any person--
``(i) because that person is or is
perceived to be, or has a family or household
member who is or is perceived to be, a victim
of such violence; or
``(ii) because of the actions or threatened
actions of the individual who the victim, as
certified in subsection (e), states has
committed or threatened to commit acts of such
violence against the victim, or against the
victim's family or household member;
``(D) plans are developed that establish meaningful
consultation and coordination with local victim service
providers, tenant organizations, linguistically and
culturally specific service providers, State domestic
violence and sexual assault coalitions, and, where they
exist, tribal domestic violence and sexual assault
coalitions; and
``(E) its policies and practices will be in
compliance with those described in this paragraph
within the later of 1 year or a period selected by the
Attorney General in consultation with the Secretary and
ACYF.
``(d) Application.--Each eligible entity seeking a grant under this
section shall submit an application to the Attorney General at such a
time, in such a manner, and containing such information as the Attorney
General may require.
``(e) Certification.--
``(1) In general.--A public housing agency, Indian housing
authority, or assisted housing provider receiving funds under
this section may request that an individual claiming relief
under this section certify that the individual is a victim of
domestic violence, dating violence, sexual assault, or
stalking. The individual shall provide a copy of such
certification to the public housing agency, Indian housing
authority, or assisted housing provider within a reasonable
period of time after the agency or authority requests such
certification.
``(2) Contents.--An individual may satisfy the
certification requirement of paragraph (1) by--
``(A) providing the public housing agency, Indian
housing authority, or assisted housing provider with
documentation, signed by an employee, agent, or
volunteer of a victim service provider, an attorney, a
member of the clergy, a medical professional, or any
other professional from whom the victim has sought
assistance in addressing domestic violence, dating
violence, sexual assault, or stalking, or the effects
of abuse; or
``(B) producing a Federal, State, tribal,
territorial, or local police or court record.
``(3) Limitation.--Nothing in this subsection shall be
construed to require any housing agency, assisted housing
provider, Indian housing authority, owner, or manager to demand
that an individual produce official documentation or physical
proof of the individual's status as a victim of domestic
violence, dating violence, sexual assault, or stalking, in
order to receive any of the benefits provided in this section.
A housing authority may provide benefits to an individual based
solely on the individual's statement or other corroborating
evidence.
``(4) Confidentiality.--
``(A) In general.--All information provided to any
housing agency, assisted housing provider, Indian
housing authority, owner, or manager pursuant to
paragraph (1), including the fact that an individual is
a victim of domestic violence, dating violence, sexual
assault, or stalking, shall be retained in the
strictest confidence by such housing authority, and
shall neither be entered into any shared database, nor
provided to any related housing agency, assisted
housing provider, Indian housing authority, owner, or
manager, except to the extent that disclosure is--
``(i) requested or consented to by the
individual in writing; or
``(ii) otherwise required by applicable
law.
``(B) Notification.--An individual shall be
notified of the limits of such confidentiality and
informed in advance about circumstances in which the
housing agency, assisted housing provider, Indian
housing authority, owner, or manager will be compelled
to disclose the individual's information.
``(f) Use of Funds.--Grants and contracts awarded pursuant to
subsection (a) shall provide to eligible entities personnel, training,
and technical assistance to develop and implement policies, practices,
and procedures, making physical improvements or changes, and developing
or enhancing collaborations for the purposes of--
``(1) enabling victims of domestic violence, dating
violence, sexual assault, and stalking with otherwise
disqualifying rental, credit, or criminal histories to be
eligible to obtain housing or housing assistance, if such
victims would otherwise qualify for housing or housing
assistance and can provide documented evidence that
demonstrates the causal connection between such violence or
abuse and the victims' negative histories;
``(2) permitting applicants for housing or housing
assistance to provide incomplete rental and employment
histories, otherwise required as a condition of admission or
assistance, if the victim believes that providing such rental
and employment history would endanger the victim's or the
victim children's safety;
``(3) protecting victims' confidentiality, including
protection of victims' personally identifying information,
address, or rental history;
``(4) assisting victims who need to leave a public housing,
Indian housing, or assisted housing unit quickly to protect
their safety, including those who are seeking transfer to a new
public housing unit, Indian housing unit, or assisted housing
unit, whether in the same or a different neighborhood or
jurisdiction;
``(5) enabling the public housing agency, Indian housing
authority, or assisted housing provider, or the victim, to
remove, consistent with applicable State law, the perpetrator
of domestic violence, dating violence, sexual assault, or
stalking without evicting, removing, or otherwise penalizing
the victim;
``(6) enabling the public housing agency, Indian housing
authority, or assisted housing provider to comply with court
orders, including civil protection orders issued to protect the
victim, when notified and issued to address the distribution or
possession of property among the household members in cases
where a family breaks up;
``(7) developing and implementing more effective security
policies, protocols, and services;
``(8) allotting not more than 15 percent of funds awarded
under the grant to make physical improvements;
``(9) training all personnel to more effectively identify
and respond to victims of domestic violence, dating violence,
sexual assault, and stalking; and
``(10) effectively providing notice to applicants and
residents of the above housing policies, practices, and
procedures.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out the provisions of this section.
``(h) Technical Assistance.--Up to 12 percent of the amount
appropriated under subsection (g) for each fiscal year shall be used by
the Attorney General for technical assistance costs under this
section.''.
SEC. 602. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
(a) In General.--Section 40299 of the Violence Against Women Act of
1994 (42 U.S.C. 13975) is amended--
(1) in subsection (a)--
(A) by inserting ``the Department of Housing and
Urban Development, and the Department of Health and
Human Services,'' after ``Department of Justice,'';
(B) by inserting ``, including domestic violence
victim service providers, domestic violence coalitions,
other nonprofit, nongovernmental organizations, or
community-based and culturally specific organizations,
that have a documented history of effective work
concerning domestic violence, dating violence, sexual
assault, or stalking'' after ``other organizations'';
and
(C) in paragraph (1), by inserting ``, dating
violence, sexual assault, or stalking'' after
``domestic violence'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) in paragraph (3), as redesignated, by inserting
``, dating violence, sexual assault, or stalking''
after ``violence'';
(C) by inserting before paragraph (2), as
redesignated, the following:
``(1) transitional housing, or acquire land or buildings,
or rehabilitate or construct buildings for the purpose of
providing transitional housing to persons described in
subsection (a), including funding for--
``(A) the predevelopment cost and capital expenses
involved in the development of transitional housing;
and
``(B) the operating expenses of newly developed or
existing transitional housing.''; and
(D) in paragraph (3)(B) as redesignated, by
inserting ``Participation in the support services shall
be voluntary. Receipt of the benefits of the housing
assistance described in paragraph (2) shall not be
conditioned upon the participation of the youth,
adults, or their dependents in any or all of the
support services offered them.'' after ``assistance.'';
(3) in paragraph (1) of subsection (c), by striking ``18
months'' and inserting ``24 months'';
(4) in subsection (d)(2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) provide assurances that any supportive
services offered to participants in programs developed
under subsection (b)(3) are voluntary and that refusal
to receive such services shall not be grounds for
termination from the program or eviction from the
victim's housing; and'';
(5) in subsection (e)(2)--
(A) in subparagraph (A), by inserting ``purpose
and'' before ``amount'';
(B) in clause (ii) of subparagraph (C), by striking
``and'';
(C) in subparagraph (D), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(E) the client population served and the number
of individuals requesting services that the
transitional housing program is unable to serve as a
result of a lack of resources.''; and
(6) in subsection (g)--
(A) in paragraph (1), by striking ``$30,000,000''
and inserting ``$40,000,000'';
(B) in paragraph (1), by striking ``2004'' and
inserting ``2006'';
(C) in paragraph (1), by striking ``2008.'' and
inserting ``2010'';
(D) in paragraph (2), by striking ``not more than 3
percent'' and inserting ``up to 5 percent'';
(E) in paragraph (2), by inserting ``evaluation,
monitoring, technical assistance,'' before
``salaries''; and
(F) in paragraph (3), by adding at the end the
following new subparagraphs:
``(C) Underserved populations.--
``(i) A minimum of 7 percent of the total
amount appropriated in any fiscal year shall be
allocated to tribal organizations serving adult
and youth victims of domestic violence, dating
violence, sexual assault, or stalking, and
their dependents.
``(ii) Priority shall be given to projects
developed under subsection (b) that primarily
serve racial, ethnic, or other underserved
populations.''.
SEC. 603. PUBLIC AND INDIAN HOUSING AUTHORITY PLANS REPORTING
REQUIREMENT.
Section 5A of the United States Housing Act of 1937 (42 U.S.C.
1437c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Statement of goals.--The 5-year plan shall include a
statement by any public housing agency or Indian housing
authority of the goals, objectives, policies, or programs that
will enable the housing authority to serve the needs of child
and adult victims of domestic violence, dating violence, sexual
assault, or stalking.'';
(2) in subsection (d), by redesignating paragraphs (13),
(14), (15), (16), (17), and (18), as paragraphs (14), (15),
(16), (17), (18), and (19), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) Domestic violence, dating violence, sexual assault,
or stalking programs.--A description of--
``(A) any activities, services, or programs
provided or offered by an agency, either directly or in
partnership with other service providers, to child or
adult victims of domestic violence, dating violence,
sexual assault, or stalking;
``(B) any activities, services, or programs
provided or offered by a public housing agency or
Indian housing authority that helps child and adult
victims of domestic violence, dating violence, sexual
assault, or stalking, to obtain or maintain housing;
and
``(C) any activities, services, or programs
provided or offered by a public housing agency or
Indian housing authority to prevent domestic violence,
dating violence, sexual assault, and stalking, or to
enhance victim safety in assisted families.''.
SEC. 604. HOUSING STRATEGIES.
Section 105(b)(1) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705(b)(1)) is amended by inserting after
``immunodeficiency syndrome,'' the following: ``victims of domestic
violence, dating violence, sexual assault, and stalking''.
SEC. 605. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 423 of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11383) is amended--
(1) by adding at the end of subsection (a) the following:
``(8) Confidentiality.--
``(A) In general.--In the course of awarding grants
or implementing programs under this subsection, the
Secretary shall instruct any recipient or subgrantee
not to disclose to any person, agency, or entity any
personally identifying information about any client
where the Secretary, recipient, or subgrantee believes
based upon reasonable evidence that the client is
either a child or an adult victim of domestic violence,
dating violence, sexual assault, or stalking, or is the
parent or guardian of a child victim of domestic
violence, dating violence, sexual assault, or stalking.
The Secretary shall not require or ask a recipient or
subgrantee of any other Federal or State program to
disclose personally identifying information about any
clients where the persons, agencies, or entities
implementing those programs believe, based upon
reasonable evidence, that those clients either are
child or adult victims of domestic violence, dating
violence, sexual assault, or stalking or are the
parents or guardians of child victims of domestic
violence, dating violence, sexual assault, or stalking.
The Secretary shall instruct any recipient or
subgrantee under this subsection or any recipient or
subgrantee of any other Federal or State program
participating in the Homeless Management Information
System that personally identifying information about
any client may only be disclosed if the program seeking
to disclose such information has obtained informed,
reasonably time-limited, written consent from the
client to whom the information relates. The Secretary
may require or ask any recipient or subgrantee to share
nonpersonally identifying data in the aggregate
regarding services to clients and nonpersonally
identifying demographic information in order to comply
with the data collection requirements of the Homeless
Management Information System.
``(B) Personally identifying information or
personal information.--The term `personally identifying
information' or `personal information' means
individually identifying information for or about an
individual including information likely to disclose the
location of a victim of domestic violence, dating
violence, sexual assault, or stalking, including--
``(i) a first and last name;
``(ii) a home or other physical address;
``(iii) contact information (including a
postal, e-mail or Internet protocol address, or
telephone or facsimile number);
``(iv) a social security number; and
``(v) any other information, including date
of birth, racial or ethnic background, or
religious affiliation, that, in combination
with any of clauses (i) through (iv), would
serve to identify any individual.''.
SEC. 606. AMENDMENTS TO THE LOW-INCOME HOUSING ASSISTANCE VOUCHER
PROGRAM.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended--
(1) in subsection (d)--
(A) in paragraph (1)(B)(ii), by inserting after
``other good cause'' the following: ``, and that an
incident or incidents of actual or threatened domestic
violence, dating violence, or stalking will not be
construed as a serious or repeated violation of the
lease by the victim or threatened victim of that
violence and will not be good cause for terminating a
lease held by the victim of such violence''; and
(B) in paragraph (1)(B)(iii), by inserting after
``termination of tenancy'' the following: ``, except
that (I) criminal activity directly relating to
domestic violence, dating violence, or stalking,
engaged in by a member of a tenant's household or any
guest or other person under the tenant's control, shall
not be cause for termination of the tenancy, if the
tenant or immediate member of the tenant's family is a
victim of domestic violence, dating violence, or
stalking and, as a result, could not control or prevent
the criminal activity; (II) nothing in subclause (I)
may be construed to limit the authority of an owner or
manager consistent with applicable State law to evict
or the public housing agency or assisted housing
provider to terminate voucher assistance to individuals
who engage in criminal acts of physical violence
against family members or others; and (III) nothing in
subclause (I) may be construed to limit the authority
of an owner or manager to evict, or the public housing
agency or assisted housing provider to terminate,
voucher assistance to any tenant if the owner, manager,
public housing agency, or assisted housing provider can
demonstrate an actual and imminent threat to the larger
community if that tenant is not evicted or terminated
from assistance.'';
(2) in subsection (f)--
(A) in paragraph (6), by striking ``and'';
(B) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(8) the term `domestic violence' has the same meaning
given the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2);
``(9) the term `dating violence' has the same meaning given
the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); and
``(10) the term `stalking' means engaging in a course of
conduct directed at a specific person that would cause a
reasonable person to--
``(A) fear for his or her safety or the safety of
others; or
``(B) suffer significant emotional or physical
distress; and
``(11) the term `sexual assault' has the same meaning given
the term in section 2003 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).'';
(3) in subsection (o)--
(A) by inserting at the end of paragraph (6)(B) the
following new sentence: ``That an applicant is or is
perceived to be, or has been or has been perceived to
be, a victim of domestic violence, dating violence, or
stalking is not an appropriate basis for denial of
program assistance by a public housing authority.'';
(B) in paragraph (7)(C), by inserting after ``other
good cause'' the following: ``, and that an incident or
incidents of actual or threatened domestic violence,
dating violence, or stalking shall not be construed as
a serious or repeated violation of the lease by the
victim or threatened victim of that violence and shall
not be good cause for terminating a lease held by the
victim of such violence''; and
(C) in paragraph (7)(D), by inserting after
``termination of tenancy'' the following: ``; except
that (i) criminal activity relating directly to
domestic violence, dating violence, or stalking,
engaged in by a member of a tenant's household or any
guest or other person under the tenant's control shall
not be cause for termination of the tenancy, if the
tenant or immediate member of the tenant's family is a
victim of domestic violence, dating violence, or
stalking and, as a result, could not control or prevent
the criminal activity; (ii) nothing in clause (i) may
be construed to limit the authority of an owner or
manager consistent with applicable State law to evict
or the public housing agency or assisted housing
provider to terminate voucher assistance to individuals
who engage in criminal acts of physical violence
against family members or others; and (iii) nothing in
clause (i) may be construed to limit the authority of
an owner or manager to evict, or the public housing
agency or assisted housing provider to terminate,
voucher assistance to any tenant if the owner, manager,
public housing agency, or assisted housing provider can
demonstrate an actual and imminent threat to the larger
community if that tenant is not evicted or terminated
from assistance.'';
(4) in subsection (r)(5), by inserting after ``violation of
a lease'' the following: ``, except that a family may receive a
voucher from a public housing agency and move to another
jurisdiction under the tenant-based assistance program if the
family has moved out of the assisted dwelling unit in order to
protect the health or safety of an individual who is or has
been the victim of domestic violence, dating violence, or
stalking and who reasonably believed he or she was imminently
threatened by harm from further violence if he or she remained
in the assisted dwelling unit''; and
(5) by adding at the end the following new subsection:
``(ee) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--An owner, manager, public
housing agency, or assisted housing provider responding
to subsections (d)(1)(B(ii), (d)(1)(B)(iii), (o)(7)(C),
(o)(7)(D), and (r)(5) may request that an individual
certify that the individual is a victim of domestic
violence, dating violence, or stalking, and that the
incident or incidents in question are bona fide
incidents of such actual or threatened abuse and meet
the requirements set forth in the aforementioned
paragraphs. The individual shall provide a copy of such
certification within a reasonable period of time after
the owner, manager, public housing agency, or assisted
housing provider requests such certification.
``(B) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting owner,
manager, public housing agency, or assisted
housing provider with documentation signed by
an employee, agent, or volunteer of a victim
service provider, an attorney, a member of the
clergy, a medical professional, or any other
professional, from whom the victim has sought
assistance in addressing domestic violence,
dating violence, sexual assault, or stalking,
or the effects of the abuse; or
``(ii) producing a Federal, State, tribal,
territorial, or local police or court record.
``(C) Limitation.--Nothing in this subsection shall
be construed to require an owner, manager, public
housing agency, or assisted housing provider to demand
that an individual produce official documentation or
physical proof of the individual's status as a victim
of domestic violence, dating violence, sexual assault,
or stalking in order to receive any of the benefits
provided in this section. At their discretion, the
owner, manager, public housing agency, or assisted
housing provider may provide benefits to an individual
based solely on the individual's statement or other
corroborating evidence.
``(2) Confidentiality.--
``(A) In general.--All information provided to an
owner, manager, public housing agency, or assisted
housing provider pursuant to paragraph (1), including
the fact that an individual is a victim of domestic
violence, dating violence, sexual assault, or stalking,
shall be retained in the strictest confidence by an
owner, manager, public housing agency, or assisted
housing provider, and shall neither be entered into any
shared database nor provided to any related entity,
except to the extent that disclosure is--
``(i) requested or consented to by the
individual in writing; or
``(ii) otherwise required by applicable
law.
``(B) Notification.--An individual must be notified
of the limits of such confidentiality and informed in
advance about circumstances in which the person or
entity will be compelled to disclose the individual's
information.''.
SEC. 607. AMENDMENTS TO THE PUBLIC HOUSING PROGRAM.
Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended--
(1) in subsection (c), by redesignating paragraph (3) and
(4), as paragraphs (4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
``(3) the public housing agency shall not deny admission to
the project to any applicant on the basis that the applicant is
or is perceived to be, or has been or has been perceived to be,
a victim of domestic violence, dating violence, or stalking'';
(3) in subsection (l)(5), by inserting after ``other good
cause'' the following: ``, and that an incident or incidents of
actual or threatened domestic violence, dating violence, or
stalking will not be construed as a serious or repeated
violation of the lease by the victim or threatened victim of
that violence and will not be good cause for terminating a
lease held by the victim of such violence'';
(4) in subsection (l)(6), by inserting after ``termination
of tenancy'' the following: ``; except that (A) criminal
activity directly relating to domestic violence, dating
violence, or stalking, engaged in by a member of a tenant's
household or any guest or other person under the tenant's
control, shall not be cause for termination of the tenancy, if
the tenant or immediate member of the tenant's family is a
victim of domestic violence, dating violence, or stalking and,
as a result, could not control or prevent the criminal
activity; (B) nothing in subparagraph (A) may be construed to
limit the authority of a public housing agency consistent with
applicable State law to evict, or the public housing agency or
assisted housing provider to terminate, voucher assistance to
individuals who engage in criminal acts of physical violence
against family members or others; and (C) nothing in
subparagraph (A) may be construed to limit the authority of a
public housing agency to terminate the tenancy of any tenant if
the public housing agency can demonstrate an actual and
imminent threat to the larger community if that tenant's
tenancy is not terminated.''; and
(5) by inserting at the end of subsection (t) the following
new subsection:
``(u) Certification and Confidentiality.--
``(1) Certification.--
``(A) In general.--A public housing agency
responding to subsection (l) (5) and (6) may request
that an individual certify that the individual is a
victim of domestic violence, dating violence, or
stalking, and that the incident or incidents in
question are bona fide incidents of such actual or
threatened abuse and meet the requirements set forth in
the aforementioned paragraphs. The individual shall
provide a copy of such certification within a
reasonable period of time after the public housing
agency requests such certification.
``(B) Contents.--An individual may satisfy the
certification requirement of subparagraph (A) by--
``(i) providing the requesting public
housing agency with documentation signed by an
employee, agent, or volunteer of a victim
service provider, an attorney, a member of the
clergy, a medical professional, or any other
professional from whom the victim has sought
assistance in addressing domestic violence,
dating violence, or stalking, or the effects of
the abuse; or
``(ii) producing a Federal, State, tribal,
territorial, or local police or court record.
``(C) Limitation.--Nothing in this subsection shall
be construed to require any public housing agency to
demand that an individual produce official
documentation or physical proof of the individual's
status as a victim of domestic violence, dating
violence, or stalking in order to receive any of the
benefits provided in this section. At the public
housing agency's discretion, a public housing agency
may provide benefits to an individual based solely on
the individual's statement or other corroborating
evidence.
``(2) Confidentiality.--
``(A) In general.--All information provided to any
public housing agency pursuant to paragraph (1),
including the fact that an individual is a victim of
domestic violence, dating violence, or stalking, shall
be retained in the strictest confidence by such public
housing agency, and shall neither be entered into any
shared database nor provided to any related entity,
except to the extent that disclosure is--
``(i) requested or consented to by the
individual in writing; or
``(ii) otherwise required by applicable
law.
``(B) Notification.--An individual must be notified
of the limits of such confidentiality and informed in
advance about circumstances in which the person or
entity will be compelled to disclose the individual's
information.
``(3) Definitions.--For purposes of this subsection and
subsection (l) (5) and (6)--
``(A) the term `domestic violence' has the same
meaning given the term in section 2003 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2);
``(B) the term `dating violence' has the same
meaning given the term in section 2003 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796gg-2); and
``(C) the term `stalking' means engaging in a
course of conduct directed at a specific person that
would cause a reasonable person to--
``(i) fear for his or her safety or the
safety of others; or
``(ii) suffer significant emotional
distress.''.
TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE
SEC. 701. EMERGENCY LEAVE.
(a) In General.--The Violence Against Women Act of 1994 (Public Law
103-322; 108 Stat. 1902) is amended by adding after subtitle N the
following:
``Subtitle O--Assistance for Individuals Experiencing Domestic or
Sexual Violence
``CHAPTER 1--EMERGENCY LEAVE
``SEC. 41501. FINDINGS.
``Congress makes the following findings:
``(1) Violence against women is a leading cause of physical
injury to women. Such violence has a devastating impact on
women's physical and emotional health, financial security, and
ability to maintain their jobs, and thus impacts interstate
commerce.
``(2) Studies indicate that one of the best predictors of
whether a victim of such violence will be able to stay away
from her abuser is her degree of economic independence.
However, domestic violence, dating violence, sexual assault,
and stalking (referred to in this subtitle as `domestic or
sexual violence') often negatively impact victims' ability to
maintain employment.
``(3) The Bureau of National Affairs has estimated that
domestic violence costs United States employers between
$3,000,000,000 and $5,000,000,000 annually in lost time and
productivity. Other reports have estimated that domestic
violence costs United States employers between $5,800,000,000
and $13,000,000,000 annually.
``(4) Ninety-four percent of corporate security and safety
directors at companies nationwide rank domestic violence as a
high security concern.
``(5) Abusers frequently seek to exert financial control
over their partners by actively interfering with the ability of
their partners to work, including preventing their partners
from going to work, harassing their partners at work, limiting
the access of their partners to cash or transportation, and
sabotaging the child care arrangements of their partners.
``(6) Studies indicate that between 35 and 56 percent of
employed battered women surveyed were harassed at work by their
abusers.
``(7) Victims of domestic violence also frequently miss
work due to injuries, court proceedings, and safety concerns
requiring legal protections. Victims of intimate partner
violence lose 8,000,000 days of paid work each year--the
equivalent of over 32,000 full-time jobs and 5,600,000 days of
household productivity.
``(8) According to a 1998 report of the Government
Accountability Office, between 25 percent and 50 percent of
victims of domestic violence surveyed reported that the victims
lost a job due, at least in part, to domestic violence.
``(9) Women who have experienced domestic violence or
dating violence are more likely than other women to be
unemployed, to suffer from health problems that can affect
employability and job performance, to report lower personal
income, and to rely on welfare.
``(10) Domestic violence also affects abusers' ability to
work. A recent study found that 48 percent of abusers reported
having difficulty concentrating at work and 42 percent reported
being late to work. 78 percent reported using their own
company's resources in connection with the abusive
relationship.
``(11) About 36,500 individuals, 80 percent of whom are
women, were raped or sexually assaulted in the workplace each
year from 1993 through 1999. Half of all female victims of
violent workplace crimes know their abusers. Nearly 1 out of 10
violent workplace incidents are committed by spouses or other
partners.
``(12) Sexual assault, whether occurring in or out of the
workplace, can impair an employee's work performance, require
time away from work, and undermine the employee's ability to
maintain a job. Almost 50 percent of sexual assault victims
lose their jobs or are forced to quit in the aftermath of the
assaults.
``(13) More than 35 percent of stalking victims report
losing time from work due to the stalking and 7 percent never
return to work.
``(14) Five States provide victims of domestic or sexual
violence with leave from work to attend court proceedings, to
go to the doctor, or to take other steps to address the
violence in their lives, and several other States provide time
off to victims of crimes, which can include victims of domestic
or sexual violence, to attend court proceedings.
``SEC. 41502. PURPOSES.
``The purposes of this chapter are, pursuant to the affirmative
power of Congress to enact legislation under the portions of section 8
of article I of the Constitution relating to providing for the general
welfare and to regulation of commerce among the several States, and
under section 5 of the 14th amendment to the Constitution--
``(1) to promote the national interest in reducing domestic
or sexual violence by enabling victims of domestic or sexual
violence to maintain the financial independence necessary to
leave abusive situations, achieve safety, and minimize the
physical and emotional injuries from domestic or sexual
violence, and to reduce the devastating economic consequences
of domestic or sexual violence to employers and employees;
``(2) to promote the national interest in ensuring that
victims of domestic or sexual violence can recover from and
cope with the effects of such violence, and participate in
criminal and civil justice processes, without fear of adverse
economic consequences;
``(3) to reduce the negative impact on interstate commerce
produced by dislocations of employees and harmful effects on
productivity, employment, health care costs, and employer
costs, caused by domestic or sexual violence, including related
intentional efforts to frustrate women's ability to participate
in employment and interstate commerce; and
``(4) to enforce the 14th amendment's guarantee of equal
protection of the laws by--
``(A) preventing and remedying sex-based
discrimination and discrimination against victims of
domestic and sexual violence in employment leave by
addressing the failure of existing laws to protect the
employment rights of women and such victims; and
``(B) thus furthering the equal opportunity of
women for economic self-sufficiency and employment free
from discrimination.
``SEC. 41503. DEFINITIONS.
``In this title, except as otherwise expressly provided:
``(1) Commerce.--The terms `commerce' and `industry or
activity affecting commerce' have the meanings given the terms
in section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
``(2) Electronic communications.--The term `electronic
communications' includes communications via telephone
(including mobile phone), computer, e-mail, video recorder, fax
machine, telex, or pager.
``(3) Employ; state.--The terms `employ' and `State' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
``(4) Employee.--
``(A) In general.--The term `employee' means any
person employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
``(B) Basis.--The term includes a person employed
as described in subparagraph (A)--
``(i) on a full- or part-time basis; or
``(ii) as a participant in a work
assignment as a condition of receipt of Federal
or State income-based public assistance.
``(5) Employer.--The term `employer'--
``(A) means any person engaged in commerce or in
any industry or activity affecting commerce who employs
50 or more individuals for each working day during each
of the 20 or more calendar weeks in the current or
preceding calendar year; and
``(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, but does not
include any labor organization (other than when acting
as an employer) or anyone acting in the capacity of
officer or agent of such labor organization.
``(6) Employment benefits.--The term `employment benefits'
means all benefits provided or made available to employees by
an employer (including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions), regardless of whether such benefits
are provided or made available by a practice or written policy
of an employer or through an `employee benefit plan', as
defined in section 3(3) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002(3)).
``(7) Family or household member.--The term `family or
household member', used with respect to an individual, means a
nonabusive spouse, former spouse, parent, son or daughter, or
person residing or formerly residing in the same dwelling unit
as the individual.
``(8) Parent; son or daughter.--The terms `parent' and `son
or daughter' have the meanings given the terms in section 101
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
``(9) Person.--The term `person' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
``(10) Public agency.--The term `public agency' has the
meaning given the term in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203).
``(11) Public assistance.--The term `public assistance'
includes cash, food stamps, medical assistance, housing
assistance, and other benefits provided on the basis of income
by a public agency.
``(12) Reduced leave schedule.--The term `reduced leave
schedule' means a leave schedule that reduces the usual number
of hours per workweek, or hours per workday, of an employee.
``(13) Secretary.--The term `Secretary' means the Secretary
of Labor.
``SEC. 41504. ENTITLEMENT TO EMERGENCY LEAVE FOR ADDRESSING DOMESTIC OR
SEXUAL VIOLENCE.
``(a) Leave Requirement.--
``(1) Basis.--An employee who is a victim of domestic or
sexual violence may take leave from work to address domestic or
sexual violence, by--
``(A) seeking medical attention for, or recovering
from, physical or psychological injuries caused by
domestic or sexual violence to the employee or the
employee's family or household member;
``(B) obtaining emergency housing, temporary or
permanent, or taking other actions to increase the
safety of the employee or the employee's family or
household member; or
``(C) seeking legal or law enforcement assistance
or remedies to ensure the health and safety of the
employee or the employee's family or household member,
including preparing for or participating in any civil
or criminal legal proceeding related to or derived from
domestic or sexual violence.
``(2) Period.--An employee may take not more than 10 days
of leave, as described in paragraph (1), in any 12-month
period.
``(3) Schedule.--Leave described in paragraph (1) may be
taken intermittently or on a reduced leave schedule.
``(b) Notice.--The employee shall provide the employer with
reasonable notice of the employee's intention to take the leave, unless
providing such notice is not practicable.
``(c) Certification.--
``(1) In general.--The employer may require the employee to
provide certification to the employer, within a reasonable
period after the employer requires the certification, that--
``(A) the employee or the employee's family or
household member is a victim of domestic or sexual
violence; and
``(B) the leave is for 1 of the purposes described
in subsection (a)(1).
``(2) Contents.--An employee may satisfy the certification
requirement of paragraph (1) by providing to the employer--
``(A) documentation from an employee, agent, or
volunteer of a victim service provider, an attorney, a
member of the clergy, or a medical or other
professional, from whom the employee or the employee's
family or household member has sought assistance in
addressing domestic or sexual violence and the effects
of the violence;
``(B) a police or court record; or
``(C) other corroborating evidence.
``(d) Confidentiality.--All information provided to the employer
pursuant to subsection (b) or (c), and the fact that the employee has
requested or obtained leave pursuant to this section, shall be retained
in the strictest confidence by the employer, except to the extent that
disclosure is--
``(1) requested or consented to by the employee in writing;
or
``(2) otherwise required by applicable Federal or State
law.
``(e) Employment and Benefits.--
``(1) Restoration to position.--
``(A) In general.--Except as provided in paragraph
(2), any employee who takes leave under this section
for the intended purpose of the leave shall be
entitled, on return from such leave--
``(i) to be restored by the employer to the
position of employment held by the employee
when the leave commenced; or
``(ii) to be restored to an equivalent
position with equivalent employment benefits,
pay, and other terms and conditions of
employment.
``(B) Loss of benefits.--The taking of leave under
this section shall not result in the loss of any
employment benefit accrued prior to the date on which
the leave commenced.
``(C) Limitations.--Nothing in this subsection
shall be construed to entitle any restored employee
to--
``(i) the accrual of any seniority or
employment benefits during any period of leave;
or
``(ii) any right, benefit, or position of
employment other than any right, benefit, or
position to which the employee would have been
entitled had the employee not taken the leave.
``(D) Construction.--Nothing in this paragraph
shall be construed to prohibit an employer from
requiring an employee on leave under this section to
report periodically to the employer on the status and
intention of the employee to return to work.
``(2) Exemption concerning certain highly compensated
employees.--
``(A) Denial of restoration.--An employer may deny
restoration under paragraph (1) to any employee
described in subparagraph (B) if--
``(i) such denial is necessary to prevent
substantial and grievous economic injury to the
operations of the employer;
``(ii) the employer notifies the employee
of the intent of the employer to deny
restoration on such basis at the time the
employer determines that such injury would
occur; and
``(iii) in any case in which the leave has
commenced, the employee elects not to return to
employment after receiving such notice.
``(B) Affected employees.--An employee referred to
in subparagraph (A) is a salaried employee who is among
the highest paid 25 percent of the employees employed
by the employer within 75 miles of the facility at
which the employee is employed.
``(3) Maintenance of health benefits.--
``(A) Coverage.--Except as provided in subparagraph
(B), during any period that an employee takes leave
under this section, the employer shall maintain
coverage under any group health plan (as defined in
section 5000(b)(1) of the Internal Revenue Code of
1986) for the duration of such leave at the level and
under the conditions coverage would have been provided
if the employee had continued in employment
continuously for the duration of such leave.
``(B) Failure to return from leave.--The employer
may recover the premium that the employer paid for
maintaining coverage for the employee under such group
health plan during any period of leave under this
section if--
``(i) the employee fails to return from
leave under this section after the period of
leave to which the employee is entitled for the
domestic or sexual violence involved has
expired; and
``(ii) the employee fails to return to work
for a reason other than the continuation or
recurrence of domestic or sexual violence, that
entitles the employee to leave pursuant to this
section.
``(C) Certification.--An employer may require an
employee who claims that the employee is unable to
return to work because of a reason described in
subparagraph (B)(ii) to provide, within a reasonable
period after making the claim, certification to the
employer that the employee is unable to return to work
because of that reason.
``(D) Confidentiality.--All information provided to
the employer pursuant to subparagraph (C), and the fact
that the employee is not returning to work because of a
reason described in subparagraph (B)(ii), shall be
retained in the strictest confidence by the employer,
except to the extent that disclosure is--
``(i) requested or consented to by the
employee in writing; or
``(ii) otherwise required by applicable
Federal or State law.
``(f) Prohibited Acts.--
``(1) Interference with rights.--
``(A) Exercise of rights.--It shall be unlawful for
any employer to interfere with, restrain, or deny the
exercise of or the attempt to exercise, any right
provided under this section.
``(B) Employer discrimination.--It shall be
unlawful for any employer to discharge or harass any
individual, or otherwise discriminate against any
individual with respect to compensation, terms,
conditions, or privileges of employment of the
individual (including retaliation in any form or
manner) because the individual--
``(i) exercised any right provided under
this section; or
``(ii) opposed any practice made unlawful
by this section.
``(2) Interference with proceedings or inquiries.--It shall
be unlawful for any person to discharge or in any other manner
discriminate (as described in paragraph (1)(B)) against any
individual because such individual--
``(A) has filed any charge, or has instituted or
caused to be instituted any proceeding, under or
related to this section;
``(B) has given, or is about to give, any
information in connection with any inquiry or
proceeding relating to any right provided under this
section; or
``(C) has testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this section.
``(g) Enforcement.--
``(1) Civil action by affected individuals.--
``(A) Liability.--Any employer that violates
subsection (f) shall be liable to any individual
affected--
``(i) for damages equal to--
``(I) the amount of--
``(aa) any wages, salary,
employment benefits, public
assistance, or other
compensation denied or lost to
such individual by reason of
the violation; or
``(bb) in a case in which
wages, salary, employment
benefits, public assistance, or
other compensation has not been
denied or lost to the
individual, any actual monetary
losses sustained by the
individual as a direct result
of the violation;
``(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
``(III) an additional amount as
liquidated damages equal to the sum of
the amount described in subclause (I)
and the interest described in subclause
(II), except that if an employer that
has violated subsection (f) proves to
the satisfaction of the court that the
act or omission that violated
subsection (f) was in good faith and
that the employer had reasonable
grounds for believing that the act or
omission was not a violation of
subsection (f), such court may, in the
discretion of the court, reduce the
amount of the liability to the amount
and interest determined under
subclauses (I) and (II), respectively;
and
``(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
``(B) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(A) may be maintained against any employer in any
Federal or State court of competent jurisdiction by any
1 or more affected individuals for and on behalf of--
``(i) the individuals; or
``(ii) the individuals and other
individuals similarly situated.
``(C) Fees and costs.--The court in such an action
shall, in addition to any judgment awarded to the
plaintiff, allow a reasonable attorney's fee,
reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
``(D) Limitations.--The right provided by
subparagraph (B) to bring an action by or on behalf of
any affected individual shall terminate--
``(i) on the filing of a complaint by the
Secretary in an action under paragraph (4) in
which restraint is sought of any further delay
in the payment of the amount described in
subparagraph (A)(i) to such individual by an
employer responsible under subparagraph (A) for
the payment; or
``(ii) on the filing of a complaint by the
Secretary in an action under paragraph (2) in
which a recovery is sought of the damages
described in subparagraph (A)(i) owing to an
affected individual by an employer liable under
subparagraph (A),
unless the action described in clause (i) or (ii) is
dismissed without prejudice on motion of the Secretary.
``(2) Action by the secretary.--
``(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of subsection (f) in the same manner as
the Secretary receives, investigates, and attempts to
resolve complaints of violations of sections 6 and 7 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and
207).
``(B) Civil action.--The Secretary may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (1)(A)(i).
``(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each individual affected.
Any such sums not paid to such an individual because of
inability to do so within a period of 3 years shall be
deposited into the Treasury of the United States as
miscellaneous receipts.
``(3) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), an action may be brought under this
subsection not later than 2 years after the date of the
last event constituting the alleged violation for which
the action is brought.
``(B) Willful violation.--In the case of such
action brought for a willful violation of subsection
(f), such action may be brought within 3 years after
the date of the last event constituting the alleged
violation for which such action is brought.
``(C) Commencement.--In determining when an action
is commenced by the Secretary under this subsection for
the purposes of this paragraph, it shall be considered
to be commenced on the date when the complaint is
filed.
``(4) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
``(A) to restrain violations of subsection (f),
including the restraint of any withholding of payment
of wages, salary, employment benefits, public
assistance, or other compensation, plus interest, found
by the court to be due to affected individuals; or
``(B) to award such other equitable relief as may
be appropriate, including employment, reinstatement,
and promotion.
``(5) Solicitor of labor.--The Solicitor of Labor may
appear for and represent the Secretary on any litigation
brought under this subsection.
``(6) Employer liability under other laws.--Nothing in this
section shall be construed to limit the liability of an
employer to an individual, for harm suffered relating to the
individual's experience of domestic or sexual violence,
pursuant to any other Federal or State law, including a law
providing for a legal remedy.
``(7) Library of congress.--Notwithstanding any other
provision of this subsection, in the case of the Library of
Congress, the authority of the Secretary under this subsection
shall be exercised by the Librarian of Congress.
``(8) Certain public agencies.--
``(A) Agencies.--Notwithstanding any other
provision of this subsection, in the case of a public
agency that employs individuals as described in
subparagraph (A) or (B) of section 3(e)(2) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)(2))
(other than an entity of the legislative branch of the
Federal Government), subparagraph (B) shall apply.
``(B) Authority.--In the case described in
subparagraph (A), the powers, remedies, and procedures
provided in title 5, United States Code, to an
employing agency, provided in chapter 12 of that title
to the Merit Systems Protection Board, or provided in
that title to any person, alleging a violation of
chapter 63 of that title, shall be the powers,
remedies, and procedures this chapter provides to that
agency, that Board, or any person, respectively,
alleging a violation of subsection (f) against an
employee who is such an individual.
``SEC. 41505. EXISTING LEAVE USABLE FOR ADDRESSING DOMESTIC OR SEXUAL
VIOLENCE.
``An employee who is entitled to take paid or unpaid leave
(including family, medical, sick, annual, personal, or similar leave)
from employment, pursuant to Federal, State, or local law, a collective
bargaining agreement, or an employment benefits program or plan, may
elect to substitute any period of such leave for an equivalent period
of leave provided under section 41504.
``SEC. 41506. EMERGENCY BENEFITS.
``(a) In General.--A State may use funds provided to the State
under part A of title IV of the Social Security Act (42 U.S.C. 601 et
seq.) to provide nonrecurrent short-term emergency benefits to an
individual for any period of leave the individual takes pursuant to
section 41504.
``(b) Eligibility.--In calculating the eligibility of an individual
for such emergency benefits, the State shall count only the cash
available or accessible to the individual.
``(c) Timing.--
``(1) Applications.--An individual seeking emergency
benefits under subsection (a) from a State shall submit an
application to the State.
``(2) Benefits.--The State shall provide benefits to an
eligible applicant under paragraph (1) on an expedited basis,
and not later than 7 days after the applicant submits an
application under paragraph (1).
``SEC. 41507. EFFECT ON OTHER LAWS AND EMPLOYMENT BENEFITS.
``(a) More Protective Laws, Agreements, Programs, and Plans.--
Nothing in this chapter shall be construed to supersede any provision
of any Federal, State, or local law, collective bargaining agreement,
or employment benefits program or plan that provides--
``(1) greater leave benefits for victims of domestic or
sexual violence than the rights established under this chapter;
or
``(2) leave benefits for a larger population of victims of
domestic or sexual violence (as defined in such law, agreement,
program, or plan) than the victims of domestic or sexual
violence covered under this chapter.
``(b) Less Protective Laws, Agreements, Programs, and Plans.--The
rights established for victims of domestic or sexual violence under
this chapter shall not be diminished by any State or local law,
collective bargaining agreement, or employment benefits program or
plan.
``SEC. 41508. REGULATIONS AND NOTIFICATION.
``(a) In General.--Except as provided in subsections (b) and (c),
the Secretary shall issue regulations to carry out this chapter. The
regulations shall include regulations requiring every employer to post
and keep posted, in conspicuous places on the premises of the employer
where notices to employees are customarily posted, a notice, to be
prepared or approved by the Secretary, summarizing the provisions of
this chapter and providing information on procedures for filing
complaints of violations. The Secretary shall develop such a notice and
provide copies of such notice to employers upon request without charge.
``(b) Library of Congress.--The Librarian of Congress shall
prescribe the regulations described in subsection (a) with respect to
employees of the Library of Congress.
``(c) Certain Public Agencies.--The head of a public agency that
employs individuals as described in subparagraph (A) or (B) of section
3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2))
(other than an entity of the legislative branch of the Federal
Government) shall prescribe the regulations described in subsection (a)
with respect to those individuals.''.
(b) Conforming Amendments.--
(1) Social security act.--Section 404 of the Social
Security Act (42 U.S.C. 604) is amended by adding at the end
the following:
``(l) Authority To Provide Emergency Benefits.--A State that
receives a grant under section 403 may use the grant to provide
nonrecurrent short-term emergency benefits, in accordance with section
41506 of the Violence Against Women Act of 1994, to individuals who
take leave pursuant to section 40404 of that Act, without regard to
whether the individuals receive assistance under the State program
funded under this part.''.
(2) Rehabilitation act amendments of 1986.--Section
1003(a)(1) of the Rehabilitation Act Amendments of 1986 (42
U.S.C. 2000d-7(a)(1)) is amended by inserting ``chapter 1 of
subtitle O of the Violence Against Women Act of 1994,'' before
``or the provisions''.
(c) Effective Date.--The amendments made by this section take
effect 180 days after the date of enactment of this Act.
SEC. 702. GRANT FOR NATIONAL CLEARINGHOUSE AND RESOURCE CENTER ON
WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND
SEXUAL VIOLENCE.
Subtitle O of the Violence Against Women Act of 1994 (as added by
section 701) is amended by adding at the end the following:
``CHAPTER 2--NATIONAL CLEARINGHOUSE AND RESOURCE CENTER
``SEC. 41511. GRANT FOR NATIONAL CLEARINGHOUSE AND RESOURCE CENTER ON
WORKPLACE RESPONSES TO ASSIST VICTIMS OF DOMESTIC AND
SEXUAL VIOLENCE.
``(a) Authority.--The Attorney General, acting through the Director
of the Violence Against Women Office, may award a grant to an eligible
nonprofit nongovernmental entity or tribal organization, in order to
provide for the establishment and operation of a national clearinghouse
and resource center on workplace responses to assist victims of
domestic and sexual violence. The clearinghouse and resource center
shall provide information and assistance to employers, labor
organizations, and advocates on behalf of victims of domestic or sexual
violence, to aid in their efforts to develop and implement appropriate
responses to such violence in order to assist those victims.
``(b) Applications.--To be eligible to receive a grant under this
section, an entity or organization shall submit an application to the
Attorney General at such time, in such manner, and containing such
information as the Attorney General may require, including--
``(1) information that demonstrates that the entity or
organization has nationally recognized expertise in the area of
domestic or sexual violence, and a record of commitment to
reducing domestic or sexual violence;
``(2) a plan to maximize, to the extent practicable,
outreach to employers (including private companies and public
entities such as public institutions of higher education and
State and local governments), labor organizations, and
advocates described in subsection (a) concerning developing and
implementing appropriate workplace responses to assist victims
of domestic or sexual violence; and
``(3) a plan for developing materials and training for
materials for employers that address the needs of employees in
cases of domestic violence, dating violence, sexual assault,
and stalking impacting the workplace, including the needs of
racial and ethnic and other underserved communities.
``(c) Use of Grant Amount.--
``(1) In general.--An entity or organization that receives
a grant under this section may use the funds made available
through the grant for staff salaries, travel expenses,
equipment, printing, and other reasonable expenses necessary to
develop, maintain, and disseminate to employers, labor
organizations, and advocates described in subsection (a),
information and assistance concerning appropriate workplace
responses to assist victims of domestic or sexual violence.
``(2) Responses.--Responses referred to in paragraph (1)
may include--
``(A) providing training to promote a better
understanding of appropriate workplace assistance to
victims of domestic or sexual violence;
``(B) providing conferences and other educational
opportunities;
``(C) developing protocols and model workplace
policies;
``(D) providing employer-sponsored and labor
organization-sponsored victim assistance and outreach
counseling; and
``(E) conducting assessments of the workplace costs
of domestic or sexual violence.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2006 through 2010.
``(e) Availability of Grant Funds.--Funds appropriated under this
section shall remain available until expended.''.
TITLE VIII--PROTECTION OF BATTERED AND TRAFFICKED IMMIGRANT WOMEN
Subtitle A--Victims of Crime
SEC. 801. TREATMENT OF SPOUSE AND CHILDREN OF VICTIMS.
(a) Treatment of Spouse and Children of Victims of Trafficking.--
Section 101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(T)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(B) by amending subclause (III) to read as follows:
``(III)(aa) complied with any reasonable
request for assistance in the Federal, State,
or local investigation or prosecution of acts
of trafficking or crimes related to
trafficking; or
``(bb) has provided credible evidence (as
defined in section 204(a)(1)(J)) that physical
or psychological abuse, injury, or trauma
prohibits such alien from meeting the
requirements of item (aa); or
``(cc) has not attained 18 years of age;
and''; and
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause
(i) who is under 21 years of age, the spouse, children,
unmarried siblings under 18 years of age on the date on
which such alien applied for status under such clause,
and parents of such alien; and
``(II) in the case of an alien described in clause
(i) who is 21 years of age or older, the spouse and
children of such alien;''.
(b) Treatment of Spouses and Children of Victims of Abuse.--Section
101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(B) in subclause (I), by inserting ``or injury''
after ``physical or mental abuse'';
(2) by amending clause (ii) to read as follows:
``(ii) if accompanying, or following to join, the alien
described in clause (i)--
``(I) in the case of an alien described in clause
(i) who is under 21 years of age, the spouse, children,
unmarried siblings under 18 years of age on the date on
which such alien applied for status under such clause,
and parents of such alien; and
``(II) in the case of an alien described in clause
(i) who is 21 years of age or older, the spouse and
children of such alien; and''; and
(3) in clause (iii), by inserting ``child abuse; stalking
(including physical or electronic stalking);'' after ``false
imprisonment;''.
(c) Definition of Aggravated Felony.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(A) in subparagraphs (F) and (G), by striking ``at
least one year'' each place it appears and inserting
``is more than 1 year'';
(B) in subparagraph (J), by striking ``one year
imprisonment or more'' and inserting ``more than 1 year
imprisonment'';
(C) in subparagraph (P)(ii), by striking ``at least
12 months'' and inserting ``more than 1 year''; and
(D) in subparagraphs (R) and (S), by striking ``at
least one year'' each place it appears and inserting
``more than 1 year''.
(d) Technical Amendments.--Section 101(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(i)) is amended--
(1) in paragraph (1), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security, the Attorney
General,''; and
(2) in paragraph (2), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 802. PRESENCE OF VICTIMS OF A SEVERE FORM OF TRAFFICKING IN
PERSONS.
(a) In General.--Section 212(a)(9)(B)(iii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at
the end the following:
``(V) Victims of a severe form of trafficking in
persons.--Clause (i) shall not apply to an alien who
demonstrates that there was a connection between the
alien being a victim of a severe form of trafficking
(as that term is defined in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102)) and the alien's unlawful presence in the United
States.''.
(b) Technical Amendment.--Paragraphs (13) and (14) of section
212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) are
amended by striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
SEC. 803. ADJUSTMENT OF STATUS FOR VICTIMS OF TRAFFICKING.
Section 245(l) of the Immigration and Nationality Act (8 U.S.C.
1255(l)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security''; and
(B) in subparagraph (A), by striking ``for a
continuous period of at least 3 years'';
(2) in paragraph (2), by striking ``Attorney General'' each
place it appears and inserting ``Secretary of Homeland
Security''; and
(3) in paragraph (5), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''.
SEC. 804. PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Certification Process.--Section 107(b)(1)(E) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``Attorney General, that the person referred
to in subparagraph (C)(ii)(II)--'' and inserting
``Attorney General or the Secretary of Homeland
Security, as appropriate, that the person referred to
in subparagraph (C)(ii)(II) has not attained 18 years
of age or--'';
(B) in subclause (I), by striking ``investigation
and prosecution'' and inserting ``investigation or
prosecution, by the United States or a State or local
government,''; and
(C) in subclause (II)(bb), by inserting ``or the
Secretary of Homeland Security'' after ``Attorney
General'';
(2) in clause (ii), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(3) in clause (iii)--
(A) in subclause (II), by striking ``and'' at the
end;
(B) in subclause (III), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(IV) responding to and
cooperating with requests for evidence
and information.; and
(4) by striking ``investigation and prosecution'' each
place it appears and inserting ``investigation or
prosecution''.
(b) Trafficking Victim Regulations.--Section 107(c) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(c)) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
the Secretary of Homeland Security,'' after ``Attorney
General''; and
(2) in paragraph (3)--
(A) by striking ``Federal law enforcement
officials'' and inserting ``The Department of Homeland
Security''; and
(B) by adding at the end the following: ``State or
local law enforcement officials may petition the
Department of Homeland Security for the continued
presence for trafficking victims. If such a petition
contains a certification that a trafficking victim is a
victim of a severe form of trafficking, the presence of
the trafficking victim may be permitted in accordance
with this paragraph.''.
(c) Protection From Removal for Certain Crime Victims.--Section
107(e)(5) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(e)(5)) is amended by striking ``Attorney General'' each place it
occurs and inserting ``Secretary of Homeland Security''.
(d) Annual Report.--Section 107(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7105(g)) is amended by inserting ``or
the Secretary of Homeland Security'' after ``Attorney General''.
SEC. 805. PROTECTING VICTIMS OF CHILD ABUSE.
(a) Aging Out Children.--Section 204(a)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(D)) is amended--
(1) in clause (i)--
(A) in subclause (I), by inserting ``or section
204(a)(1)(B)(iii)'' after ``204(a)(1)(A)'' each place
it appears; and
(B) in subclause (III), by striking ``a petitioner
for preference status under paragraph (1), (2), or (3)
of section 203(a), whichever paragraph is applicable,''
and inserting ``a VAWA self-petitioner''; and
(2) by adding at the end the following:
``(iv) Any alien who benefits from this subparagraph may adjust
status in accordance with subsections (a) and (c) of section 245 as an
alien having an approved petition for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii).''.
(b) Application of CSPA Protections.--
(1) Immediate relative rules.--Section 201(f) of the
Immigration and Nationality Act (8 U.S.C. 1151(f)) is amended
by adding at the end the following:
``(4) Application to self-petitions.--Paragraphs (1)
through (3) shall apply to self-petitioners and derivatives of
self-petitioners.''.
(2) Children rules.--Section 203(h) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)) is amended by adding at the
end the following:
``(4) Application to self-petitions.--Paragraphs (1)
through (3) shall apply to self-petitioners and derivatives of
self-petitioners.''.
(c) Late Petition Permitted for Immigrant Sons and Daughters
Battered as Children.--
(1) In general.--Section 204(a)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(D)), as amended by
subsection (a), is further amended by adding at the end the
following:
``(v) For purposes of this paragraph, an individual who is not less
than 21 years of age, who qualified to file a petition under
subparagraph (A)(iv) as of the day before the date on which the
individual attained 21 years of age, and who did not file such a
petition before such day, shall be treated as having filed a petition
under such subparagraph as of such day if a petition is filed for the
status described in such subparagraph before the individual attains 25
years of age. Clauses (i) through (iv) of this subparagraph shall apply
to an individual described in this clause in the same manner as an
individual filing a petition under subparagraph (A)(iv).''.
(d) Removing a 2-Year Custody and Residency Requirement for
Battered Adopted Children.--Section 101(b)(1)(E)(i) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)(1)(E)(i)) is amended by inserting
before the colon the following: ``or if the child has been battered or
subject to extreme cruelty by the adopting parent or by a family member
of the adopting parent residing in the same household''.
Subtitle B--VAWA Self-Petitioners
SEC. 811. DEFINITION OF VAWA SELF-PETITIONER.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(51) The term `VAWA self-petitioner' means an alien, or a
child of the alien, who qualifies for relief under--
``(A) clause (iii), (iv), or (vii) of section
204(a)(1)(A);
``(B) clause (ii) or (iii) of section 204(a)(1)(B);
``(C) the first section of Public Law 89-732 (8
U.S.C. 1255 note) (commonly known as the Cuban
Adjustment Act) as a child or spouse who has been
battered or subjected to extreme cruelty;
``(D) section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note);
``(E) section 202(d)(1) of the Nicaraguan
Adjustment and Central American Relief Act; or
``(F) section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208).''.
SEC. 812. APPLICATION TO FIANCEES WHO DO NOT MARRY WITHIN 90 DAY
PERIOD.
(a) In General.--Section 214(d) of the Immigration and Nationality
Act (8 U.S.C. 1184(d)) is amended by inserting before the period at the
end the following: ``, unless the alien is eligible for status as a
VAWA self-petitioner, for relief under section 240A(b)(2), or for
relief under section 244(a)(3) (as in effect prior to March 31, 1997),
and the alien married the United States citizen who filed the petition
under section 101(a)(15)(K)(i)''.
(b) Exemption for Battered Immigrant Women Who Entered the United
States on Finance Visas From Conditional Residency Status
Requirement.--Section 245(d) of the Immigration and Nationality Act (8
U.S.C. 1255(d)) is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2) The failure of a nonimmigrant described in section
101(a)(15)(K) to marry within 3 months of being admitted in such status
does not restrict the Secretary of Homeland Security's or the Attorney
General's authority to adjust the status of the nonimmigrant, or grant
relief under section 240A(b)(2), or under section 244(a)(3) (as in
effect prior to March 31, 1997), provided that--
``(A) the alien married the United States citizen who filed
the petition under section 101(a)(15)(K)(i); and
``(B) the United States citizen petitioner subjected a VAWA
self-petitioner to battery or extreme cruelty.''.
SEC. 813. APPLICATION IN CASE OF VOLUNTARY DEPARTURE.
Section 240B(d) of the Immigration and Nationality Act (8 U.S.C.
1229c(d)) is amended to read as follows:
``(d) Civil Penalty for Failure To Depart.--
``(1) In general.--Subject to paragraph (2), if an alien is
permitted to depart voluntarily under this section and
voluntarily fails to depart the United States within the time
period specified, the alien--
``(A) shall be subject to a civil penalty of not
less than $1,000 and not more than $5,000; and
``(B) shall be ineligible, for a period of 10
years, to receive any further relief under this section
and sections 240A, 245, 248, and 249.
``(2) Application of vawa protections.--The restrictions on
relief under paragraph (1) shall not apply to relief under
section 240A or 245 on the basis of a petition filed by a VAWA
self-petitioner, or a petition filed under section 240A(b)(2),
or under section 244(a)(3) (as in effect prior to March 31,
1997),if the extreme cruelty or battering occurred before the
alien overstayed the grant of voluntary departure.
``(3) Notice of penalties.--The order permitting an alien
to depart voluntarily shall inform the alien of the penalties
under this subsection.''.
SEC. 814. REMOVAL PROCEEDINGS.
(a) Exceptional Circumstances.--
(1) In general.--Section 240(e)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229a(e)(1)) is amended by striking
``serious illness of the alien'' and inserting ``battery or
extreme cruelty to the alien or any child or parent of the
alien, serious illness of the alien,''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to a failure to appear that occurs before, on, or
after the date of the enactment of this Act.
(b) Nonapplication of Reinstatement of Removal.--
(1) In general.--Section 241(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(5)) is amended--
(A) by striking ``If the Attorney General'' and
inserting the following:
``(A) In general.--If the Secretary of Homeland
Security''; and
(B) by adding at the end the following:
``(B) Exemption.--The provisions of subparagraph
(A) shall not apply to an alien who has been battered
or subjected to extreme cruelty or who is a crime
victim whom the Attorney General or Secretary of
Homeland Security determines may be statutorily
eligible for classification under subparagraph (T) or
(U) of section 101(a)(15), for classification under
subparagraph (A)(1)(iii), (A)(1)(iv), (B)(ii),
(B)(iii), or (B)(iv) of section 204(a)(1), for
classification as a VAWA self-petitioner, or for relief
under section 240A(b)(2) or section 244(a)(3) (as in
effect prior to March 31, 1997).''.
(2) Effective date.--The amendments made by paragraph (1)
and the exemption in paragraph (2) shall apply to those
eligible relief before, on, or after the date of enactment of
this Act.
(c) Restriction on Removal While VAWA Petition Pending.--
(1) In general.--Section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) is amended by adding at the
end the following:
``(f) Restriction on Removal While Petition Pending.--An alien who
is a VAWA self-petitioner, the beneficiary under subparagraph (T) or
(U) of section 101(a)(15) who meets the requirement of section
240A(b)(2) or subparagraphs (A) through (C) of section 216(c)(4), or
who qualifies for relief under section 244(a)(3) (as in effect on March
31, 1997)--
``(1) shall not be removed or deported unless the petition
is denied and all opportunities for appeal of the denial have
been exhausted; and
``(2) shall not be detained while in removal proceedings,
unless mandatory detention is required under section 236A or
236(c).''.
(2) Waivers and exceptions.--Section 236(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(A) in paragraph (2) by inserting ``(A)'' before
``The Attorney General may release an alien described
in paragraph (1) only''; and
(B) adding at the end the following:
``(B) The Secretary of Homeland Security or the
Attorney General may release on their own recognizance
an alien described in paragraph (1) if the Secretary or
the Attorney General determines that the alien may
qualify for--
``(i) a waiver under section 212(d)(13),
212(d)(14), 212(h), 237(a)(2)(A)(v), or
237(a)(7); or
``(ii) an exception under section
204(a)(1)(C); or
``(iii) relief under section 240A(a).''.
(d) Clarifying Application of Domestic Violence Waiver Authority in
Cancellation of Removal.--
(1) In general.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended--
(A) in paragraph (1)(C), by striking ``(except in a
case described in section 237(a)(7) where the Attorney
General exercises discretion to grant a waiver)'' and
inserting ``, subject to paragraph (5)'';
(B) in paragraph (2)(A)(iv), by striking ``(except
in a case described in section 237(a)(7) where the
Attorney General exercises discretion to grant a
waiver)'' and inserting ``, subject to paragraph (5)'';
and
(C) by adding at the end the following:
``(5) Application of domestic violence waiver authority.--
The authority provided under section 237(a)(7) shall apply
under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a
cancellation of removal and adjustment of status proceeding.''.
SEC. 815. ELIMINATING ABUSERS' CONTROL OVER APPLICATIONS FOR
ADJUSTMENTS OF STATUS.
(a) Application of VAWA Deportation Protections to Aliens Eligible
for Relief Under Cuban Adjustment and Haitian Refugee Immigration
Fairness Act.--Section 1506(c)(2) of the Violence Against Women Act of
2000 (8 U.S.C. 1229a note; division B of Public Law 106-386) is
amended--
(1) in subparagraph (A)--
(A) by amending clause (i) to read as follows:
``(i) if the basis of the motion is to
apply for relief under--
``(I) clause (iii) or (iv) of
section 204(a)(1)(A) of the Immigration
and Nationality Act (8 U.S.C.
1154(a)(1)(A));
``(II) clause (ii) or (iii) of
section 204(a)(1)(B) of such Act (8
U.S.C. 1154(a)(1)(B));
``(III) section 244(a)(3) of such
Act (8 U.S.C. 8 U.S.C. 1254(a)(3));
``(IV) the first section of Public
Law 89-732 (8 U.S.C. 1255 note)
(commonly known as the Cuban Adjustment
Act) as a child or spouse who has been
battered or subjected to extreme
cruelty; or
``(V) section 902(d)(1)(B) of the
Haitian Refugee Immigration Fairness
Act of 1998 (8 U.S.C. 1255 note);
and''; and
(B) in clause (ii), by inserting ``or adjustment of
status'' after ``suspension of deportation''; and
(2) in subparagraph (B)(ii), by striking ``for relief'' and
all that follows through ``1101 note))'' and inserting ``for
relief described in subparagraph (A)(i)''.
(b) Employment Authorization for VAWA Self-Petitioners.--Section
204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))
is amended by adding at the end the following:
``(l) An alien who is in the United States and has a petition,
pending or approved as a VAWA self-petitioner, that sets forth a prima
facie case for status or classification under such clause shall be
eligible for employment authorization.''.
SEC. 816. APPLICATION FOR VAWA-RELATED RELIEF.
(a) In General.--Section 202(d)(1) of the Nicaraguan Adjustment and
Central American Relief Act (8 U.S.C. 1255 note; Public Law 105-100) is
amended--
(1) in subparagraph (B)(ii), by inserting ``, or was
eligible for adjustment,'' after ``whose status is adjusted'';
and
(2) in subparagraph (E), by inserting ``, or, in the case
of an alien who qualifies under subparagraph (B)(ii), applies
for such adjustment during the 18-month period beginning on the
date of enactment of the Violence Against Women Act of 2005''
after ``April 1, 2000''.
(b) Technical Amendment.--Section 202(d)(3) of such Act (8 U.S.C.
1255 note; Public Law 105-100) is amended by striking ``204(a)(1)(H)''
and inserting ``204(a)(1)(J)''.
(c) Effective Date.--The amendment made by subsection (b) shall
take effect as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).
SEC. 817. SELF-PETITIONING PARENTS.
Section 204(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1154(a)(1)(A)) is amended by adding at the end the following:
``(vii) An alien may file a petition with the Secretary of Homeland
Security under this subparagraph for classification of the alien under
section 201(b)(2)(A)(i) if the alien--
``(I) is the parent of a citizen of the United States or
was a parent of a citizen of the United States who, within the
past 2 years, lost or renounced citizenship status related to
an incident of domestic violence or died;
``(II) is a person of good moral character;
``(III) is eligible to be classified as an immediate
relative under section 201(b)(2)(A)(i);
``(IV) resides, or has resided, with the citizen daughter
or son; and
``(V) demonstrates that the alien has been battered or
subject to extreme cruelty by the citizen daughter or son.''.
SEC. 818. VAWA CONFIDENTIALITY NON-DISCLOSURE.
Section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367(a)) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``(including any bureau or agency of such
Department)'' and inserting ``, the Secretary of
Homeland Security, the Secretary of State, or any other
official or employee of the Department of Homeland
Security or Department of State (including any bureau
or agency of either of such Departments)''; and
(B) in paragraph (1)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by adding ``or''
at the end; and
(iii) by inserting after subparagraph (E)
the following:
``(F) in the case of an alien applying for status
under section 101(a)(15)(T) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)), under
section 107(b)(1)(E)(i)(II)(bb) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7105), under
section 244(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1254a(a)(3)), as in effect prior to March
31, 1999, or as a VAWA self-petitioner (as defined in
section 101(a)(51) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(51)), the trafficker or
perpetrator,''.
(2) in subsection (b)(2), by inserting ``or his other
designee'' after ``the discretion of the Attorney General.''.
Subtitle C--Miscellaneous Amendments
SEC. 821. DURATION OF T AND U VISAS.
(a) T Visas.--Section 214(o) of the Immigration and Nationality Act
(8 U.S.C. 1184(o)) is amended by adding at the end the following:
``(7)(A) Except as provided in subparagraph (B), an alien who is
issued a visa or otherwise provided nonimmigrant status under section
101(a)(15)(T) may be granted such status for a period of not more than
4 years.
``(B) An alien who is issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(T) may extend the period
of such status beyond the period described in subparagraph (A) if a
Federal, State, or local law enforcement official, prosecutor, judge,
or other authority investigating or prosecuting activity relating to
human trafficking or certifies that the presence of the alien in the
United States is necessary to assist in the investigation or
prosecution of such activity.''.
(b) U Visas.--Section 214(p) of the Immigration and Nationality Act
(8 U.S.C. 1184(p)) is amended by adding at the end the following:
``(6) Duration of status.--The authorized period of status
of an alien as a nonimmigrant under section 101(a)(15)(U) shall
be 4 years, but shall be extended upon certification from a
Federal, State, or local law enforcement official, prosecutor,
judge, or other Federal, State, or local authority
investigating or prosecuting criminal activity described in
section 101(a)(15)(U)(iii) that the alien's continued presence
in the United States is required to assist in the investigation
or prosecution of such criminal activity.''.
(c) Permitting Change of Nonimmigrant Status to T and U
Nonimmigrant Status.--
(1) In general.--Section 248 of the Immigration and
Nationality Act (8 U.S.C. 1258) is amended--
(A) by striking ``The Attorney General'' and
inserting ``(a) The Secretary of Homeland Security'';
(B) by inserting ``(subject to subsection (b))''
after ``except''; and
(C) by adding at the end the following:
``(b) The exceptions specified in paragraphs (1) through (4) of
subsection (a) shall not apply to a change of nonimmigrant
classification to that of a nonimmigrant under subparagraph (T) or (U)
of section 101(a)(15).''.
(2) Conforming amendment.--Section 214(l)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is
amended by striking ``248(2)'' and inserting ``248(a)(2)''.
SEC. 822. TECHNICAL CORRECTION TO REFERENCES IN APPLICATION OF SPECIAL
PHYSICAL PRESENCE AND GOOD MORAL CHARACTER RULES.
(a) Physical Presence Rules.--Section 240A(b)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(B)) is amended--
(1) in the first sentence, by striking ``(A)(i)(II)'' and
inserting ``(A)(ii)''; and
(2) in the fourth sentence, by striking ``subsection
(b)(2)(B) of this section'' and inserting ``this subparagraph,
subparagraph (A)(ii),''.
(b) Moral Character Rules.--Section 240A(b)(2)(C) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)(C)) is amended by
striking ``(A)(i)(III)'' and inserting ``(A)(iii)''.
(c) Correction of Cross-Reference Error in Applying Good Moral
Character.--
(1) In general.--Section 101(f)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)(3)) is amended by striking
``(9)(A)'' and inserting ``(10)(A)''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective as if included in section 603(a)(1) of the
Immigration Act of 1990 (Public Law 101-649; 104 Stat. 5082).
SEC. 823. PETITIONING RIGHTS OF CERTAIN FORMER SPOUSES UNDER CUBAN
ADJUSTMENT.
(a) In General.--The first section of Public Law 89-732 (8 U.S.C.
1255 note) (commonly known as the Cuban Adjustment Act) is amended--
(1) in the last sentence, by striking ``204(a)(1)(H)'' and
inserting ``204(a)(1)(J)''; and
(2) by adding at the end the following: ``An alien who was
the spouse of any Cuban alien described in this section and has
resided with such spouse shall continue to be treated as such a
spouse for 2 years after the date on which the Cuban alien dies
(or, if later, 2 years after the date of enactment of Violence
Against Women Act of 2005), or for 2 years after the date of
termination of the marriage (or, if later, 2 years after the
date of enactment of Violence Against Women Act of 2005) if
there is demonstrated a connection between the termination of
the marriage and the battering or extreme cruelty by the Cuban
alien.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).
SEC. 824. SELF-PETITIONING RIGHTS OF HRIFA APPLICANTS.
(a) In General.--Section 902(d)(1)(B) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is amended--
(1) in clause (i), by striking ``whose status is adjusted
to that of an alien lawfully admitted for permanent residence''
and inserting ``who is or was eligible for classification'';
(2) in clause (ii), by striking ``whose status is adjusted
to that of an alien lawfully admitted for permanent residence''
and inserting ``who is or was eligible for classification'';
and
(3) in clause (iii), by striking ``204(a)(1)(H)'' and
inserting ``204(a)(1)(J)''.
(b) Effective Date.--The amendment made by subsection (a)(3) shall
take effect as if included in the enactment of the Violence Against
Women Act of 2000 (division B of Public Law 106-386; 114 Stat. 1491).
SEC. 825. DEPORTATION PROCEEDINGS.
(a) Deportation or Removal Proceedings.--
(1) In general.--Section 240(c)(6)(C) of the Immigration
and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended--
(A) in clause (iv), by striking ``The deadline
specified in subsection (b)(5)(C) for filing a motion
to reopen does not apply--'' and inserting ``No
limitation on number of motions or on deadlines for
filing motions under other provisions of this section
shall apply--''; and
(B) by adding at the end the following:
``(v) Stay of removal.--The filing of the
motion described in clause (iv) shall stay the
removal of the alien pending a final
disposition of the motion, including the
exhaustion of all appeals. Only 1 special
motion under clause (iv) is permitted.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
442(a) of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104-132; 110 Stat. 1279).
(b) Motions To Reopen Deportation Proceedings.--Section
1506(c)(2)(A) of the Violence Against Women Act of 2000 (division B of
Public Law 106-386; 8 U.S.C. 1229a note) is amended--
(1) by inserting ``on number of motions or deadlines for
filing motions'' after ``Notwithstanding any limitation'';
(2) by inserting ``, deadline, or limit on number of
motions'' after ``there is no time limit''; and
(3) by striking ``, and the'' and inserting ``. The filing
of a motion described in clauses (i) and (ii) shall stay the
removal of the aliens pending a final disposition of the
motion, including the exhaustion of all appeals. Only 1 motion
under clauses (i) and (ii) is permitted. The''.
(c) Conforming Amendments.--Section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) is amended--
(1) in paragraph (6)(A)(ii)(III), by striking
``substantial''; and
(2) in paragraph (9)(B)(iii)(IV), by striking ``who would
be described in paragraph (6)(A)(ii)'' and inserting ``who
demonstrates that the alien is described in subclauses (I) and
(II) of paragraph (b)(A)(ii)''.
SEC. 826. LIMITATIONS ON ENFORCEMENT.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended by adding at the end the following:
``(h) Immigration officers and employees shall not undertake any
civil immigration enforcement action--
``(1) at a domestic violence shelter, a victims services
organization or program, a rape crisis center, a family justice
center, or a supervised visitation center; or
``(2) at, or in connection with the appearance at, a
courthouse of an alien who is appearing in connection with a
protection order case, child custody case, or other civil or
criminal case relating to domestic violence, sexual assault,
trafficking, or stalking in which the alien has been battered
or subject to extreme cruelty or who is described in
subparagraph (T) or (U) of section 101(a)(15).''.
SEC. 827. PROTECTING ABUSED JUVENILES.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357),
as amended by section 726, is further amended by adding at the end the
following--
``(i) An alien described in section 101(a)(27)(J) of the
Immigration and Nationality Act who has been battered, abused,
neglected, or abandoned, shall not be compelled to contact the alleged
abuser (or family member of the alleged abuser) at any stage of
applying for special immigrant juvenile status, including after a
request for the consent of the Secretary of Homeland Security under
section 101(a)(27)(J)(iii)(I) of such Act.''.
SEC. 828. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, the Secretary of Homeland Security, and the
Secretary of State shall promulgate regulations to implement the
provisions contained in the Battered Immigrant Women Protection Act of
2000 (title v of Public Law 106-386), this Act, and the amendments made
by this Act.
TITLE IX--SAFETY FOR INDIAN WOMEN
SEC. 901. FINDINGS.
Congress finds that--
(1) 1 out of every 3 Indian (including Alaska Native) women
are raped in their lifetimes;
(2) Indian women experience 7 sexual assaults per 1,000,
compared with 4 per 1,000 among Black Americans, 3 per 1,000
among Caucasians, 2 per 1,000 among Hispanic women, and 1 per
1,000 among Asian women;
(3) Indian women experience the violent crime of battering
at a rate of 23.2 per 1,000, compared with 8 per 1,000 among
Caucasian women;
(4) during the period 1979 through 1992, homicide was the
third leading cause of death of Indian females aged 15 to 34,
and 75 percent were killed by family members or acquaintances;
(5) Indian tribes require additional criminal justice and
victim services resources to respond to violent assaults
against women; and
(6) the unique legal relationship of the United States to
Indian tribes creates a Federal trust responsibility to assist
tribal governments in safeguarding the lives of Indian women.
SEC. 902. PURPOSES.
The purposes of this title are--
(1) to decrease the incidence of violent crimes against
Indian women;
(2) to strengthen the capacity of Indian tribes to exercise
their sovereign authority to respond to violent crimes
committed against Indian women; and
(3) to ensure that perpetrators of violent crimes committed
against Indian women are held accountable for their criminal
behavior.
SEC. 903. CONSULTATION.
(a) In General.--The Attorney General shall conduct annual
consultations with Indian tribal governments concerning the Federal
administration of tribal funds and programs established under this Act,
the Violence Against Women Act of 1994 (title IV of Public Law 103-322;
108 Stat. 1902) and the Violence Against Women Act of 2000 (division B
of Public Law 106-386; 114 Stat. 1491).
(b) Recommendations.--During consultations under subsection (a),
the Secretary and the Attorney General shall solicit recommendations
from Indian tribes concerning--
(1) administering tribal funds and programs;
(2) enhancing the safety of Indian women from domestic
violence, dating violence, sexual assault, and stalking; and
(3) strengthening the Federal response to such violent
crimes.
SEC. 904. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST INDIAN WOMEN.
(a) National Baseline Study.--
(1) In general.--The National Institute of Justice, in
consultation with the Office on Violence Against Women, shall
conduct a national baseline study to examine violence against
Indian women in Indian country.
(2) Scope.--
(A) In general.--The study shall examine violence
committed against Indian women, including--
(i) domestic violence;
(ii) dating violence;
(iii) sexual assault;
(iv) stalking; and
(v) murder.
(B) Evaluation.--The study shall evaluate the
effectiveness of Federal, State, tribal, and local
responses to the violations described in subparagraph
(A) committed against Indian women.
(C) Recommendations.--The study shall propose
recommendations to improve the effectiveness of
Federal, State, tribal, and local responses to the
violation described in subparagraph (A) committed
against Indian women.
(3) Task force.--
(A) In general.--The Attorney General, acting
through the Director of the Office on Violence Against
Women, shall establish a task force to assist in the
development and implementation of the study under
paragraph (1) and guide implementation of the
recommendation in paragraph (2)(C).
(B) Members.--The Director shall appoint to the
task force representatives from--
(i) national tribal domestic violence and
sexual assault nonprofit organizations;
(ii) tribal governments; and
(iii) representatives from the national
tribal organizations.
(4) Report.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit to the
Committee on Indian Affairs of the Senate, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report that describes the study.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2006 and 2007, to remain available until
expended.
(b) Injury Study.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Indian Health Service and the
Injury Control Division of the Centers for Disease Control and
Prevention, shall conduct a study to obtain a national
projection of--
(A) the incidence of injuries and homicides
resulting from domestic violence, dating violence,
sexual assault, or stalking committed against American
Indian and Alaska Native women; and
(B) the cost of providing health care for the
injuries described in subparagraph (A).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Indian Affairs of the
Senate, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a
report that describes the findings made in the study and
recommends for health care strategies for reducing the
incidence and cost of the injuries described in paragraph (1).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for each
of fiscal years 2006 and 2007, to remain available until
expended.
SEC. 905. TRACKING OF VIOLENCE AGAINST INDIAN WOMEN.
(a) Access to Federal Criminal Information Databases.--Section 534
of title 28, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Indian Law Enforcement Agencies.--The Attorney General shall
permit Indian law enforcement agencies, in cases of domestic violence,
dating violence, sexual assault, and stalking, to enter information
into Federal criminal information databases and to obtain information
from the databases.''.
(b) Tribal Registry.--
(1) Establishment.--The Attorney General shall contract
with any interested Indian tribe, tribal organization, or
tribal nonprofit organization to develop and maintain--
(A) a national tribal sex offender registry; and
(B) a tribal protection order registry containing
civil and criminal orders of protection issued by
Indian tribes and participating jurisdictions.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2006 through 2010, to remain available
until expended.
SEC. 906. TRIBAL DEPUTY IN THE OFFICE ON VIOLENCE AGAINST WOMEN.
Part T of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg et seq.) is amended by adding at the end the
following:
``SEC. 2007. TRIBAL DEPUTY.
``(a) Establishment.--There is established in the Office on
Violence Against Women a Deputy Director for Tribal Affairs.
``(b) Duties.--
``(1) In general.--The Deputy Director shall under the
guidance and authority of the Director of the Office on
Violence Against Women--
``(A) oversee and manage the administration of
grants to and contracts with Indian tribes, tribal
courts, tribal organizations, or tribal nonprofit
organizations;
``(B) ensure that, if a grant under this Act or a
contract pursuant to such a grant is made to an
organization to perform services that benefit more than
1 Indian tribe, the approval of each Indian tribe to be
benefited shall be a prerequisite to the making of the
grant or letting of the contract;
``(C) coordinate development of Federal policy,
protocols, and guidelines on matters relating to
violence against Indian women;
``(D) advise the Director of the Office on Violence
Against Women concerning policies, legislation,
implementation of laws, and other issues relating to
violence against Indian women;
``(E) represent the Office on Violence Against
Women in the annual consultations under section 903;
``(F) provide technical assistance, coordination,
and support to other offices and bureaus in the
Department of Justice to develop policy and to enforce
Federal laws relating to violence against Indian women,
including through litigation of civil and criminal
actions relating to those laws;
``(G) maintain a liaison with the judicial branches
of Federal, State, and tribal governments on matters
relating to violence against Indian women;
``(H) support enforcement of tribal protection
orders and implementation of full faith and credit
educational projects and comity agreements between
Indian tribes and States; and
``(I) ensure that adequate tribal technical
assistance is made available to Indian tribes, tribal
courts, tribal organizations, and tribal nonprofit
organizations for all programs relating to violence
against Indian women.
``(c) Authority.--
``(1) In general.--The Deputy Director shall ensure that a
portion of the tribal set-aside funds from any grant awarded
under this Act, the Violence Against Women Act of 1994 (title
IV of Public Law 103-322; 108 Stat. 1902), or the Violence
Against Women Act of 2000 (division B of Public Law 106-386;
114 Stat. 1491) is used to enhance the capacity of Indian
tribes to address the safety of Indian women.
``(2) Accountability.--The Deputy Director shall ensure
that some portion of the tribal set-aside funds from any grant
made under this part is used to hold offenders accountable
through--
``(A) enhancement to the response of Indian tribes
to crimes of domestic violence, dating violence, sexual
assault, and stalking against Indian women, including
legal services for victims and Indian-specific offender
programs;
``(B) development and maintenance of tribal
domestic violence shelters or programs for battered
Indian women, including sexual assault services, that
are based upon the unique circumstances of the Indian
women to be served;
``(C) development of tribal educational awareness
programs and materials;
``(D) support for customary tribal activities to
strengthen the intolerance of an Indian tribe to
violence against Indian women; and
``(E) development, implementation, and maintenance
of tribal electronic databases for tribal protection
order registries.''.
SEC. 907. ENHANCED CRIMINAL LAW RESOURCES.
(a) Firearms Possession Prohibitions.--Section 921(33)(A)(i) of
title 18, United States Code, is amended to read: ``(i) is a
misdemeanor under Federal, State, or Tribal law; and''.
(b) Law Enforcement Authority.--Section 4(3) of the Indian Law
Enforcement Reform Act (25 U.S.C. 2803(3) is amended--
(1) in subparagraph (A), by striking ``or'';
(2) in subparagraph (B), by striking the semicolon and
inserting ``, or''; and
(3) by adding at the end the following:
``(C) the offense is a misdemeanor crime of
domestic violence and has, as an element, the use or
attempted use of physical force, or the threatened use
of a deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a person
with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabited with
the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent or
guardian of the victim, and the employee has reasonable
grounds to believe that the person to be arrested has
committed, or is committing the crime;''.
SEC. 908. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
Chapter 7 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 117. DOMESTIC ASSAULT BY AN HABITUAL OFFENDER.
``Any person who commits a domestic assault within the special
maritime and territorial jurisdiction of the United States or Indian
country and who has a final conviction on at least 2 separate prior
occasions in Federal, State, or Indian tribal court proceedings for
offenses that would be, if subject to Federal jurisdiction--
``(1) any assault, sexual abuse, or serious violent felony
against a spouse or intimate partner; or
``(2) an offense under chapter 110A,
shall be fined under this title, imprisoned for a term of not more than
5 years, or both, except that if substantial bodily injury results from
violation under this section, the offender shall be imprisoned for a
term of not more than 10 years.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6229-6231)
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Hearings held.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Specter with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 205.
Measure laid before Senate by unanimous consent. (consideration: CR S10998-11055; text of measure as reported in Senate: CR S10998-11054)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
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Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Held at the desk.