To reauthorize the Violence Against Women Act of 1994.

June 14, 2005

Mr. GREEN of Wisconsin (for himself, Mr. CONYERS, Ms. PRYCE of Ohio, Ms. GINNY BROWN-WAITE of Florida, Ms. SOLIS, Mr. REICHERT, Ms. HART, Mr. BOUSTANY, Mr. MICHAUD, Mr. FOLEY, Mr. POE, Mrs. MALONEY, Mrs. CAPITO, Ms. DELAURO, Mrs. CAPPS, and Ms. SLAUGHTER) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Energy and Commerce, Financial Services, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To reauthorize the Violence Against Women Act of 1994.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Grant provisions for Violence Against Women Act of 1994.

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

Sec. 101. STOP grants improvements.

Sec. 102. Grants to encourage arrest and enforce protection orders improvements.

Sec. 103. Legal assistance for victims improvements.

Sec. 104. Court training and improvements.

Sec. 105. Full faith and credit improvements.

Sec. 106. Privacy protections for victims of domestic violence, dating violence, sexual violence, and stalking.

Sec. 107. Stalker database.

Sec. 108. Victim assistants for District of Columbia.

Sec. 109. Preventing cyberstalking.

Sec. 110. Repeat offender provision.

Sec. 111. Prohibiting dating violence.

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

Sec. 201. Violence Against Women programs.

Sec. 202. Sexual assault services program.

Sec. 203. Amendments to the rural domestic violence and child abuse enforcement assistance program.

Sec. 204. Assistance for victims of abuse.

Sec. 205. GAO study of National Domestic Violence Hotline.

Sec. 206. Grants for public information campaigns.

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

Sec. 301. Rape prevention and education.

Sec. 302. Services, education, protection and justice for young victims of violence.

Sec. 303. Grants to reduce violence against women on campus.

Sec. 304. Safe havens.

Sec. 305. Grants to combat domestic violence, dating violence, sexual assault, and stalking in middle and high schools.

TITLE IV--STRENGTHENING AMERICA'S FAMILIES BY PREVENTING VIOLENCE IN THE HOME

Sec. 401. Preventing violence against women, men, and children.

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

Sec. 501. Purpose.

Sec. 502. Training and education of health professionals in domestic and sexual violence.

Sec. 503. Grants to foster public health responses to domestic violence, dating violence, sexual assault, and stalking grants.

Sec. 504. Improving Federal health programs' response to domestic violence, dating violence, sexual assault, and stalking.

Sec. 505. Research on effective interventions in the healthcare setting.

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

Sec. 601. Addressing the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking.

Sec. 602. Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking.

Sec. 603. Public and Indian housing authority plans reporting requirement.

Sec. 604. Housing strategies.

Sec. 605. Amendment to the Mckinney-Vento Homeless Assistance Act.

Sec. 606. Amendments to the low income housing assistance voucher program.

Sec. 607. Amendments to the public housing program.

TITLE VII--PROVIDING ECONOMIC SECURITY FOR VICTIMS OF VIOLENCE

Sec. 701. Emergency leave.

TITLE VIII--PROTECTION FOR IMMIGRANT VICTIMS OF VIOLENCE

Sec. 800. Short title; references to VAWA-2000; regulations.

Subtitle A--Victims of Crime

Sec. 801. Conditions applicable to U and T visas.

Subtitle B--VAWA Petitioners

Sec. 811. Definition of VAWA petitioner.

Sec. 812. Self-petitioning for children.

Sec. 813. Access to VAWA protection for children of asylum applicants under adjustment provisions.

Sec. 814. Eliminating abusers' control over applications for adjustments of status.

Sec. 815. Clarification of access to naturalization for victims of domestic violence.

Sec. 816. Prohibition of adverse determinations of admissibility or deportability based on protected information.

Subtitle C--Miscellaneous Provisions

Sec. 831. Removing 2 year custody requirement for battered adopted children.

Sec. 832. Grounds for hardship waiver for conditional permanent residence for intended spouses.

Sec. 833. Motions to reopen.

Sec. 834. Treatment of battery or extreme cruelty as exceptional circumstances for failure to appear at removal proceedings.

TITLE IX--SAFETY FOR INDIAN WOMEN

Sec. 901. Purposes.

Sec. 902. Consultation.

Sec. 903. Analysis and research on violence against Indian women.

Sec. 904. Tracking of violence against Indian women.

Sec. 905. Tribal Division of the Office on Violence Against Women.

SEC. 3. GRANT PROVISIONS FOR VIOLENCE AGAINST WOMEN ACT OF 1994.

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

`SEC. 40002. GRANT PROVISIONS.

`(a) Grant Conditions-

`(1) NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE INFORMATION-

`(A) IN GENERAL- In order to ensure the safety of adult and minor victims of domestic violence, dating violence, sexual assault, or stalking, and their families, grantee and subgrantees under this title shall reasonably protect the confidentiality and privacy of persons receiving services.

`(B) NONDISCLOSURE- Subject to subparagraph (C), grantees and subgrantees should not--

`(i) disclose any personally identifying information or individual information collected in connection with services requested, utilized, or denied through grantees' and subgrantees' programs; or

`(ii) reveal individual client information without the informed, written, reasonably time-limited consent of the person (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of persons with disabilities, the guardian) about whom information is sought, whether for this program or any other Federal, State, tribal, or territorial grant program.

`(C) RELEASE- If release of information described in subparagraph (B) is compelled by statutory or court mandate--

`(i) grantees and subgrantees shall make reasonable attempts to provide notice to victims affected by the disclosure of information; and

`(ii) grantees and subgrantees shall take steps necessary to protect the privacy and safety of the persons affected by the release of the information.

`(D) INFORMATION SHARING- Grantees and subgrantees may share--

`(i) nonpersonally identifying data in the aggregate regarding services to their clients and nonpersonally identifying demographic information in order to comply with Federal, State, tribal, or territorial reporting, evaluation, or data collection requirements; and

`(ii) court-generated information and law-enforcement generated information contained in secure, governmental registries for protection order enforcement purposes.

`(2) APPROVED ACTIVITIES- In carrying out the activities under this title, grantees and subgrantees may collaborate with and provide information to Federal, State, local, tribal, and territorial public officials and agencies to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking.

`(3) NON-SUPPLANTATION- Any Federal funds received under this title shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities under this title.

`(4) USE OF FUNDS- Funds authorized and appropriated under this title may be used only for the specific purposes described in this title and shall remain available until expended.

`(5) EVALUATION- Grantees under this Act must collect data for use to evaluate the effectiveness of the program, pursuant to the requirements described in paragraph (1)(D).

`(6) UNDERSERVED POPULATION- For each grant program under this Act, the grantee must identify the underserved population for their area and program. The grantor must ensure that sufficient funds are given to programs that will address the underserved populations within the grant program. Underserved populations will change depending on the program but will include but not be limited to rural, urban, religious, race and ethnic factors, language barriers, disabilities, alienage status, age, or any other factor determined by the Attorney General to indicate that a population is underserved.

`(7) COMMUNITY-BASED ORGANIZATION DEFINED- In this title, the term `community-based organization' means an organization that--

`(A) focuses primarily on violence against women;

`(B) has established a specialized culturally specific program that addresses violence against women;

`(C) has a primary focus on underserved communities (and includes representatives from these communities) and violence against women; or

`(D) obtains violence against women expertise through collaboration.'.

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

SEC. 101. STOP GRANTS IMPROVEMENTS.

(a) Authorization of Appropriations- Section 1001(a)(18) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(8)) is amended by striking `$185,000,000 for each of fiscal years 2001 through 2005' and inserting `$225,000,000 for each of fiscal years 2006 through 2010'.

(b) Purpose Area Enhancements- Section 2001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--

(1) by striking `and specifically, for the purposes of--' and inserting `, including collaborating with and informing public officials and agencies in order to develop and implement policies to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking, and specifically only for the purposes of--';

(2) in paragraph (5), by inserting after `protection orders are granted,' the following: `supporting nonprofit nongovernmental victim services programs and tribal organizations in working with public officials and agencies to develop and implement policies, rules, and procedures in order to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking,';

(3) in paragraph (10), by striking `and' after the semicolon;

(4) in paragraph (11), by striking the period and inserting `; and'; and

(5) by adding at the end the following:

`(12) maintaining core victim services and criminal justice initiatives, while supporting complementary new initiatives and emergency services for victims and their families.'.

(c) Technical Amendment Relating to Misdesignated Sections-

(1) RENUMBERING- Section 402(2) of Public Law 107-273 (116 Stat. 1789) is amended by striking `as sections 2006 through 2011, respectively' and inserting `as sections 2007 through 2011, respectively'.

(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of enactment of Public Law 107-273.

(d) Clarification of Activities Regarding Underserved Populations- Section 2006 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1) is amended--

(1) in subsection (c)(2), by inserting before the semicolon the following: `and describe how the State will address the needs of racial and ethnic minorities and racial and ethnic and other underserved populations'; and

(2) in subsection (e)(2), by striking subparagraph (D) and inserting the following:

`(D) recognize and meaningfully respond to the needs of racial and ethnic and other underserved populations and ensure that monies set aside to fund services and activities for racial and ethnic and other underserved populations are distributed equally among those populations.'.

(e) Tribal and Territorial Setasides- Section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as redesignated by subsection (c), is amended--

(1) in subsection (b)--

(A) in paragraph (1), by striking `5 percent' and inserting `10 percent';

(B) in paragraph (2), by striking ` 1/54 ' and inserting ` 1/56 ';

(C) in paragraph (3), by striking `and the coalition for the combined Territories of the United States, each receiving an amount equal to 1/54 ' and inserting `Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1/56 ';

(D) in paragraph (4), by striking ` 1/54 ' and inserting ` 1/56 ';

(E) in paragraph (5), by striking `and' after the semicolon;

(F) in paragraph (6), by striking the period and inserting `; and'; and

(G) by adding at the end:

`(7) such funds shall remain available until expended.';

(2) in subsection (c)(3)(B), by inserting after `victim services' the following: `, of which at least 10 percent shall be distributed to culturally specific community-based organizations'; and

(3) in subsection (d)--

(A) in paragraph (2), by striking `and' after the semicolon;

(B) in paragraph (3), by striking the period and inserting `; and'; and

(C) by adding at the end the following:

`(4) documentation showing that tribal, territorial, State or local prosecution, law enforcement, and court and victim service provider subgrantees have consulted with tribal, territorial, State, or local victim services programs during the course of developing their grant applications in order to ensure that proposed services, activities and equipment acquisitions are designed to promote the safety, confidentiality, and economic independence of victims of domestic violence, sexual assault, stalking, and dating violence.'.

(f) Training, Technical Assistance, and Data Collection- Section 2007 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1), as redesignated by subsection (c), is amended by adding at the end the following:

`(i) Training, Technical Assistance, and Data Collection-

`(1) IN GENERAL- Of the total amounts appropriated under this part, not less than 3 percent and up to 8 percent shall be available for providing training, technical assistance, and data collection relating to the purpose areas of this part to improve the capacity of grantees, subgrantees and other entities to offer services and assistance to victims of domestic violence, sexual assault, stalking, and dating violence.

`(2) INDIAN TRAINING- The Director of the Violence Against Women Office shall ensure that training or technical assistance regarding violence against Indian women will be developed and provided by entities having expertise in tribal law and culture.'.

(g) Availability of Forensic Medical Exams- Section 2010 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4), as redesignated by subsection (c), is amended by adding at the end the following:

`(c) Use of Funds- A State or Indian tribal government may use Federal grant funds under this part to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State or Indian tribal government that requires victims of sexual assault to seek reimbursement for such exams from their insurance carriers.

`(d) Rule of Construction- Nothing in this section shall be construed to permit a State to require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, reimbursement for charges incurred on account of such an exam, or both.'.

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

`SEC. 2012. POLYGRAPH TESTING PROHIBITION.

`In order to be eligible for grants under this part, a State, Indian tribal government, or unit of local government must certify within three years of enactment of the Violence Against Women Reauthorization Act of 2005 that their laws, policies, or practices ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult or child victim of a sex offense as defined under Federal, Tribal, State, Territorial or local law to submit to a polygraph examination or similar truth-telling device or method as a condition for proceeding with the investigation, charging or prosecution of such an offense. A victim's refusal to submit to the aforementioned shall not prevent the investigation, charging or prosecution of the pending case.'.