The Violence Against Women and Department of Justice Reauthorization Act of 2005: Applicability to HUD Programs, 12696-12700 [E7-4795]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Notices]
[Pages 12696-12700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4795]



[[Page 12695]]

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Part III





Department of Housing and Urban Development





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The Violence Against Women and Department of Justice Reauthorization 
Act of 2005: Applicability to HUD Programs; Notice

Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / 
Notices

[[Page 12696]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5056-N-01]


The Violence Against Women and Department of Justice 
Reauthorization Act of 2005: Applicability to HUD Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice.

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SUMMARY: This notice addresses inquiries to HUD about: (1) The 
applicability to HUD programs of certain provisions of the Violence 
Against Women and Department of Justice Reauthorization Act of 2005, as 
amended by a technical corrections bill signed into law in August 2006, 
and (2) HUD's plans to issue rules or guidance on this new law. The 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 and the technical corrections described in this notice became 
effective upon enactment.
    This notice presents information from HUD's Offices of Community 
Planning and Development, General Counsel, Housing, and Public and 
Indian Housing, and provides an overview of key provisions that affect 
HUD programs, identifies those provisions that require program 
participants to take action to be in compliance, and advises of efforts 
underway within HUD to further facilitate compliance with this new law, 
including rules and guidance that are under consideration or 
development.

FOR FURTHER INFORMATION CONTACT: For general information about the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005, please contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Office of Legislation and Regulations, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 10282, 
Washington, DC 20410-0500; telephone (202) 708-3055 (this is not a 
toll-free number). For information about HUD's Public Housing program 
and Housing Choice Voucher program, please contact the Office of Public 
Housing and Voucher Programs, Office of Public and Indian Housing, Room 
4240, telephone (202) 708-1380. For information about HUD's Homeless 
Management Information Systems, please contact the Office of Program 
Coordination and Analysis Division, Office of Special Needs Programs, 
Office of Community Planning and Development, telephone (202) 402-4496. 
For information about HUD's Section 8 Project-Based program, please 
contact the Office of Housing Assistance Policy Division, Office of 
Housing, Room 6138, telephone (202) 708-3000. The address for all 
offices is the Department of Housing and Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410. The above-listed telephone numbers 
are not toll-free numbers. Persons with hearing or speech impairments 
may access these numbers through TTY by calling the toll-free Federal 
Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Overview

    On January 5, 2006, President Bush signed into law the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Pub. L. 109-162) (VAWA 2005), and, on August 28, 2006, signed into law 
technical corrections to the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Pub. L. 109-271). Except as 
provided in Section 4 of the technical corrections law, VAWA 2005 
became effective upon enactment; no provisions of VAWA 2005 that affect 
the changes described in this notice have a delayed effective date. 
VAWA 2005 reauthorizes and amends the Violence Against Women Act of 
1994 (42 U.S.C. 13701 et seq.) (VAWA 1994) for Fiscal Years 2007 
through 2011, and, among other things, consolidates major law 
enforcement grant programs; makes amendments to criminal and 
immigration laws; and makes amendments to other statutes, including 
certain HUD statutes, to support and strengthen efforts to combat 
domestic violence and other forms of violence against women.
    The provisions of VAWA 2005 applicable to HUD programs are found in 
Title VI entitled ``Housing Opportunities and Safety for Battered Women 
and Children.'' Section 601 of VAWA 2005 amends VAWA 1994 to add a new 
Subtitle N to VAWA 1994 entitled ``Addressing the Housing Needs of 
Victims of Domestic Violence, Dating Violence, Sexual Assault and 
Stalking.''
    HUD Statutes Amended by VAWA 2005. With regard to HUD programs, 
VAWA 2005 addresses various housing needs for victims of domestic 
violence, and amends the following HUD statutes: the U.S. Housing Act 
of 1937 (42 U.S.C. 1437 et seq.), the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 13704 et seq.), and the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.).
    HUD Programs Affected by VAWA 2005. The amendments made by VAWA 
2005 apply to HUD's Public Housing program, HUD's Supportive Housing 
program, and HUD's programs assisted by section 8 of the U.S. Housing 
Act of 1937. The VAWA 2005 provisions applicable to HUD do not cover 
HUD's Indian housing programs. The VAWA 2005 provisions applicable to 
HUD do not cover programs other than the Supportive Housing program for 
the Homeless and housing that is assisted by HUD under sections 6 and 8 
of the U.S. Housing Act of 1937.
    Immediate Applicability of VAWA 2005. The primary objectives of 
VAWA 2005 are to reduce violence against women and to protect, or 
increase the protection of, the safety and confidentiality of women who 
are victims of abuse. These new protections for families participating 
in HUD programs became effective upon enactment of the law on January 
5, 2006, and for the majority of the VAWA 2005 amendments that are 
applicable to HUD programs, prior action by HUD is not necessary in 
order for implementation to begin. Following enactment of the new law, 
HUD's Office of Public and Indian Housing issued a direct notice on 
VAWA 2005, PIH 2006-23, in which it advised public housing agencies 
(PHAs) that these statutory provisions [of VAWA 2005] were effective 
the date the law was enacted (January 5, 2006). That notice can be 
found at https://www.hud.gov/offices/pih/publications/notices/06/
pih2006-23.pdf. HUD's Office of Public and Indian Housing also issued 
PIH notice PIH 2006-42 on the VAWA form HUD-50066, Certification of 
Domestic Violence, Dating Violence, or Stalking. That notice can be 
found at https://www.hud.gov/offices/pih/publications/notices/06/
pih2006-42.pdf. HUD's Office of Public and Indian Housing also issued 
PIH notice PIH 2007-5, which describes revised form HUD 52641, the 
Housing Assistance Payments Contract, and revised form HUD 52641A, the 
Tenancy Addendum. Both forms were revised to reflect statutory 
requirements of VAWA. That notice can be found at https://www.hud.gov/
offices/pih/publications/notices/07/pih2007-5.pdf.
    Sections II, III, and IV of this notice provide an overview of the 
key amendments made by VAWA 2005 that are applicable to HUD programs, 
and identify provisions for which rules or guidance may be issued by 
HUD's program offices.

II. VAWA 2005 Amendments to the U.S. Housing Act of 1937

    Under the U.S. Housing Act of 1937, HUD promotes the goal of 
providing decent and affordable housing for all citizens by providing 
funds for housing assistance.

[[Page 12697]]

    A. Public Housing Agency Plans. Section 603 of VAWA 2005 amends 
section 5A of the U.S. Housing Act of 1937. This amendment requires the 
5-year plans of PHAs to begin including a statement about goals, 
activities, objectives, policies, or programs that will enable a PHA to 
serve the needs of child and adult victims of domestic violence, dating 
violence, sexual assault, or stalking.
    The amendment requires the annual plan of PHAs to include a 
description of: (1) 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; (2) any activities, 
services, or programs provided or offered that helps child and adult 
victims of domestic violence, dating violence, sexual assault, or 
stalking to obtain or maintain housing; and (3) any activities, 
services, or programs provided or offered to prevent domestic violence, 
dating violence, sexual assault, and stalking, or to enhance victim 
safety in assisted families.

    Note: PHAs must include the statement required by VAWA 2005 in 
their next regularly scheduled plan submission. PHAs are encouraged 
to amend or modify their plans before the next regular submission as 
provided in 24 CFR 903.21.

    B. Section 8 and Public Housing Identical Amendments. Sections 606 
and 607 amend section 8 (42 U.S.C. 1437f) and section 6 (42 U.S.C. 
1437d) of the U.S. Housing Act of 1937, governing HUD's section 8 
assisted programs and HUD's public housing program, respectively, as 
noted below.
    1. Admission, Occupancy, and Termination of Assistance Policies. 
Sections 606 and 607 of the VAWA 2005 amendments provide that:
     Being a victim of domestic violence, dating violence, or 
stalking, as these terms are defined in the law (hereafter collectively 
referred to as ``abuse''), is not a basis for denial of assistance or 
admission to public or assisted housing if the applicant otherwise 
qualifies for assistance or admission;
     Incidents or threats of abuse will not be construed as 
serious or repeated violations of the lease or other ``good cause'' for 
termination of the assistance, tenancy, or occupancy rights of a victim 
of abuse; and
     Criminal activity directly relating to abuse, 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 assistance, 
tenancy, or occupancy rights if the tenant or an immediate member of 
the tenant's family is the victim or threatened victim of that abuse.

    Note: PHAs and owners administering or participating in section 
8 programs and public housing programs must ensure that, upon the 
date of enactment of VAWA 2005, any denial of admission to the 
programs and any termination of assistance, tenancy, or occupancy 
rights under the programs complies with the provisions of VAWA 2005, 
and any future denial or termination action will comply with the 
provisions of VAWA 2005.

    VAWA 2005 provides that these new policies governing admission, 
occupancy, and termination of assistance are not to interfere with 
certain rights and responsibilities of PHAs, owners, or managers \1\ 
regarding criminal activity or acts of violence against family members 
or others, as discussed in paragraph 2, which follows.
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    \1\ Please note that in HUD's Housing programs, the term 
``manager'' as used in VAWA is synonymous with the phrase 
``management agent.''
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    2. Rights and Responsibilities of PHAs, Owners, and Managers. The 
VAWA 2005 amendments, as recently amended by the technical corrections 
statute, and as applicable to section 8 contracts for assistance 
payments and public housing leases, provide that:
    Notwithstanding the restrictions that VAWA 2005 places on 
admission, occupancy, and terminations of occupancy or assistance, as 
discussed in paragraph 1, or any federal, state, or local law to the 
contrary, a PHA, owner or manager may ``bifurcate'' a lease under this 
section, or remove a household member from a lease under this section, 
without regard to whether a household member is a signatory to the 
lease, in order to evict, remove, terminate occupancy rights, or 
terminate assistance to any individual who is a tenant or lawful 
occupant and who engages in criminal acts of physical violence against 
family members or others, without evicting, removing, terminating 
assistance to, or otherwise penalizing the victim of such violence who 
is also a tenant or lawful occupant, and such eviction, removal, 
termination of occupancy rights, or termination of assistance shall be 
effected in accordance with the procedures prescribed by federal, 
state, and local law for the termination of leases or assistance under 
the relevant program of HUD-assisted housing.

    Note: The authority provided to PHAs, owners, and managers under 
VAWA 2005 to bifurcate a lease or otherwise remove an individual is 
applicable to all existing leases for families participating in 
either the public housing or section 8 programs, and specific lease 
language to that effect is not necessary for the PHA, owner, or 
manager to exercise such authority. Neither the authority nor the 
procedures under any other law is necessary to bifurcate or 
otherwise remove an individual from the lease. Furthermore, this 
federal statutory authority to bifurcate a lease or otherwise remove 
an individual takes precedence over any federal, state, or local law 
to the contrary. However, PHAs, managers, and owners must keep in 
mind that the eviction of or the termination action against the 
individual must be effected in accordance with the procedures 
prescribed by federal, state, and local law. This means that the 
same procedures prescribed by federal, state, and local law that the 
PHA, owner, or manager must follow to evict, remove, terminate 
occupancy rights, or terminate assistance for the family as a whole 
must also be followed when exercising such action against an 
individual household member.

    It is further noted that under the Housing Choice Voucher (HCV) 
program, PHAs have authority under the existing Sec.  982.552(c)(2) to 
terminate voucher assistance for certain family members while 
permitting other members of a participant family to continue receiving 
assistance (provided the culpable family member will no longer reside 
in the unit). A PHA's right to exercise this administrative discretion 
under Sec.  982.552(c)(2) is not dependent on a bifurcated lease or 
other eviction action by the owner against an individual family member.
    VAWA 2005 also provides that the restrictions the law places on 
admission, occupancy, and termination of occupancy or assistance, as 
discussed in paragraph 1:
     May not be construed to limit a PHA, owner, or manager 
from honoring various court orders issued to either protect the victim 
or address the distribution of property in case a family breaks up;
     Does not limit any otherwise available authority of a PHA, 
owner, or manager to terminate assistance or evict due to any lease 
violation not premised on the act of violence in question against the 
tenant or member of the tenant's household, provided that the owner or 
manager does not subject an individual who is or has been a victim of 
domestic violence, dating violence, or stalking to a more demanding 
standard than other tenants in determining whether to evict or 
terminate assistance;
     May not be construed to limit the authority of a PHA, 
owner, or manager to terminate the assistance of, or evict, any 
occupant who can be demonstrated to pose an actual or imminent threat 
to other tenants or the property's employees; and
     Shall not be construed to supersede any provisions of 
federal, state, or local

[[Page 12698]]

laws that provide greater protection for victims of abuse.
    3. Certification of Abuse and Confidentiality. Sections 606 and 607 
of VAWA 2005, and as recently amended by the technical corrections 
statute, add certification and confidentiality provisions that allow 
for a PHA, owner, or manager to request an individual to certify that 
the individual is a victim of abuse and that the incidences of abuse 
are bona fide. The certification must include the name of the 
perpetrator, and any other statutorily required information, and the 
victim must provide the certification within 14 business days after the 
individual receives a request for such certification from the PHA, 
owner, or manager.
    Without the certification, a PHA, owner, or manager may terminate 
assistance. All information provided to a PHA, owner, or manager is 
confidential. Notice of these rights must be given to tenants. The 
statute allows for the victim to self-certify and also allows for the 
certification requirement to be satisfied with documentation signed by 
an employee, agent, or volunteer of a victim service provider, an 
attorney, or a medical professional from whom the victim has sought 
assistance in addressing domestic violence, dating violence, or 
stalking or the effects of the abuse in which the professional attests 
under penalty of perjury (28 U.S.C. 1746) to the professional's belief 
that the incident or incidents in question are bona fide incidents of 
abuse, and the victim of domestic violence, dating violence, or 
stalking has signed or attested to the documentation. The statute also 
allows for the certification requirement to be satisfied by producing a 
federal, state, tribal, territorial, or local police or court record.

    Note: HUD-Approved Certification. Sections 606 and 607 require 
the issuance of a ``HUD-approved certification form'' for victims of 
abuse to use. The HUD-approved certification form for PIH-covered 
programs is form HUD-50066, which may be found at: https://
www.hudclips.org/sub_nonhud/html/forms.htm. On February 7, 2007 (72 
FR 5733), HUD published a 60-day notice in the Federal Register 
informing the public that HUD will be submitting the Office of 
Housing's certification form for its programs (Form HUD-90066) to 
OMB for review.

    4. Portability in the Housing Choice Voucher Program. VAWA 2005 
amended section 8(r) of the United States Housing Act to provide an 
exception to the prohibition against a family moving under the 
portability provisions in violation of the lease. VAWA 2005 provides 
that the family may receive a voucher and move in violation of the 
lease under the portability procedures if the family has complied with 
all other obligations of the voucher program and has moved out of the 
assisted dwelling unit in order to protect the health or safety of an 
individual who is or has been the victim of domestic violence, dating 
violence, or stalking and who reasonably believed he or she was 
imminently threatened by harm from further violence if he or she 
remained in the assisted dwelling unit.
    5. PHA Notification to Tenants and Owners Participating in Section 
8 Programs. VAWA 2005 further requires that PHAs must provide notice to 
tenants assisted under section 8 of the United States Housing Act of 
1937 of their rights, and notice to owners and managers of their rights 
and obligations, under section 8 as amended by VAWA 2005. Specifically, 
such notice must cover rights and obligations under subsections 
(8)(c)(9), (8)(d)(1)(B)(ii), (8)(d)(1)(B)(iii), (8)(o)(7)(C), 
(8)(o)(7)(D), (8)(o)(20), (8)(r)(5), and (8)(ee).

    Note: PHAs must provide notice to all families and owners 
participating under any section 8 program administered by the PHA, 
including the HCV tenant-based and project-based program, the 
project-based certificate program, and the section 8 moderate 
rehabilitation program (excluding the Single Room Occupancy Moderate 
Rehabilitation program authorized under the McKinney-Vento Act).

    6. PHA Notification to Public Housing Residents. VAWA 2005 also 
requires that PHAs must provide notice to public housing residents of 
their rights under section 6 of the United States Housing Act of 1937 
as amended by VAWA 2005. Specifically, the notice must cover rights 
under subsections (6)(l)(5), (6)(l)(6), and (6)(u), including their 
rights to confidentiality and the limits thereof.
    7. Definitions Added to U.S. Housing Act of 1937. Section 606(3) 
and section 607(5) of VAWA 2005, and as recently amended by the 
technical corrections statute, also amend section 8(f) and section 6(d) 
of the U.S. Housing Act of 1937 to provide important definitions of 
terms, most notably:
    (1) A definition of ``domestic violence'' (42 U.S.C. 1437f(f)(8) 
and 42 U.S.C. 1436d(u)(3)(A)), which is given the same meaning as this 
term is defined in section 40002 of the Violence Against Women Act of 
1994 (VAWA 1994) as added by VAWA 2005. VAWA 2005 defines ``domestic 
violence'' to include ``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 or youth victim who is protected 
from that person's acts under the domestic or family violence laws of 
the jurisdiction'';
    (2) A definition of ``dating violence'' (42 U.S.C. 1473f(f)(9) and 
42 U.S.C. 1436d(u)(3)(B)), which is given the same meaning as this term 
as defined in section 40002 of VAWA 1994, as added by VAWA 2005. VAWA 
2005 defines ``dating violence'' to mean ``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; and (iii) the frequency of interaction between the 
persons involved in the relationship.''
    (3) A definition of ``stalking'' (42 U.S.C. 1437f(f)(10) and 42 
U.S.C. 14736d(u)(3)(C)), that differs from the meaning of this term as 
defined in section 40002 of VAWA 1994, as added by VAWA 2005. The 
definition that is applicable to HUD's public housing and section 8 
assisted programs is a more detailed definition than that provided in 
section 40002 of VAWA 1994, as amended by VAWA 2005. For HUD covered 
programs, the definition of ``stalking'' is defined as follows. 
``Stalking means (A)(i) to follow, pursue, or repeatedly commit acts 
with the intent to kill, injure, harass, or intimidate another person; 
or (ii) to place under surveillance with the intent to kill, injure, 
harass, or intimidate another person; and (B) in the course of, or as a 
result of, such following, pursuit, surveillance, or repeatedly 
committed acts, to place a person in reasonable fear of the death of, 
or serious bodily injury to, or to cause substantial emotional harm to 
(i) that person; (ii) a member of the immediate family of that person; 
or (iii) the spouse or intimate partner of that person''; and
    (4) A definition of ``immediate family member'' (42 U.S.C. 
1437f(f)(11) and 1437d(u)(3)(D)). ``Immediate family member'' is 
defined to mean, ``with respect to a person (A) a spouse, parent, 
brother or sister, or child of that person, or an individual to whom 
that person stands in loco parentis; or (B) any other person living in 
the household of that person and related to that person by blood or 
marriage.''

[[Page 12699]]

III. VAWA 2005 Amendments to the McKinney-Vento Homeless Assistance Act

    The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383) 
authorizes programs that provide grants for homeless assistance. 
Section 605 of VAWA 2005 amends section 423 of the McKinney-Vento 
Homeless Assistance Act. Section 423 is part of Subtitle C of the 
McKinney-Vento Homeless Assistance Act, which establishes HUD's 
Supportive Housing Program. Section 423 of that subtitle describes the 
eligible activities of the Supportive Housing assistance program, and 
section 605 of VAWA 2005 adds a new subsection (a)(8) entitled 
``Confidentiality.''
    Homeless Management Information Systems. Homeless Management 
Information Systems (HMIS) are computerized data collection 
applications that facilitate the collection of information on homeless 
individuals and families using residential or other homeless assistance 
services and stores that data in an electronic format. The new 
Confidentiality provision directs victim service providers not to 
disclose, for purposes of HMIS, personally identifying information 
about any client. In accordance with this statutory requirement, victim 
service providers must maintain the confidentiality of personally 
identifying information of the providers' clients. The Office of 
Community Planning and Development is also planning to issue guidance 
that may be helpful to participants.
    It is important to note, however, that the VAWA 2005 amendment does 
not affect current aggregate reporting under the Annual Progress 
Reporting (APR) process covering the Supportive Housing, Shelter Plus 
Care, and Section 8 SRO programs. In addition, current aggregate 
reporting for the Emergency Shelter Grant program under the Integrated 
Disbursement and Information System (IDIS) reporting is not covered.
    Notice and Comment Requirement. Section 605 allows HUD, through a 
public notice and comment process, to require recipients or 
subrecipients to disclose for purposes of HMIS, non-personally 
identifying data that has been de-identified, encrypted or otherwise 
encoded. HUD's Office of Community Planning and Development is 
considering how technology may ensure the proper protection of 
personally identifying data. For purposes of HMIS, any requirement to 
disclose non-personally identifying information will be issued through 
a notice and comment process as directed by statute. It is important to 
reiterate that existing paper record keeping requirements and aggregate 
reporting under the APR and IDIS systems are not covered by this 
section since they preceded the HMIS initiative and are currently 
separate from HMIS; also, the APR and IDIS systems do not require 
personal identifiers being entered into a central database.
    Section 605 also defines the terms ``personally identifying 
information'' and ``victim service provider.'' The term ``personally 
identifying information'' is defined to mean ``individually identifying 
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 other non-personally identifying information would serve to 
identify any individual.''
    The term ``victim service provider'' is defined to mean ``a 
nonprofit, nongovernmental organization, including rape crisis centers, 
battered women's shelters, domestic violence transitional housing 
programs, and other programs whose primary mission is to provide 
services to victims of domestic violence, dating violence, sexual 
assault, or stalking.''

IV. VAWA 2005 Amendments to the Cranston-Gonzalez National Affordable 
Housing Act

    Under the Cranston-Gonzalez National Affordable Housing Act, HUD 
may provide assistance to certain jurisdictions that, in turn, will 
create comprehensive affordable housing strategies. Section 604 of VAWA 
2005 amends section 105(b)(1) of the Cranston-Gonzalez National 
Affordable Housing Act to now require that comprehensive housing 
affordability strategies (more familiarly known as the Consolidated 
Plan) submitted to the Secretary shall contain estimated housing needs 
for victims of domestic violence, dating violence, sexual assault, and 
stalking.

V. Additional Information

    As a result of the amendments to the HUD statutes discussed in this 
notice, HUD's Office of Community Planning and Development and HUD's 
Office of Public and Indian Housing have already begun outreach to 
program participants and to organizations representative of victims of 
abuse on those provisions for which additional compliance guidance from 
HUD may be beneficial to program participants.
    HUD will be amending the regulations of the programs covered by 
VAWA 2005 to conform the existing regulations to the new statutory 
language and requirements. Again, however, the absence of the statutory 
language in the regulations does not mean the statutory provisions are 
not effective and applicable. The protections provided by the statute 
are immediately available to covered families.
    In HUD's Semiannual Agenda of Regulations, published on April 24, 
2006 (71 FR 22734), HUD's Office of Public and Indian Housing announced 
that it would revise HUD's regulations for its public and assisted 
housing programs to conform the regulations to the statutory amendments 
made by VAWA 2005 (see 71 FR 22757). This office reiterated this 
statement about forthcoming rules in Notice PIH 2006-23.
    HUD's Office of Housing has already engaged in outreach activities, 
engaging affected program participants in discussions about the nature 
and scope of VAWA 2005 provisions and how they might best be 
implemented. Housing also plans to issue, in the near future, a Federal 
Register notice that addresses VAWA 2005 requirements applicable to 
participants in Housing programs. Housing will also be issuing, by 
separate publication, guidance and a HUD-approved certification form 
that can be provided by an owner or management agent to a tenant to 
help ascertain whether the tenant is a victim of abuse.
    HUD's Office of Community Planning and Development is examining new 
technology to determine whether such technology can provide the 
protection for non-personally identifying data, which the statute 
directs be provided and which HUD seeks to provide.
    In addition to rules that conform regulatory language to the 
recently enacted statutory language, offices may issue guidance to 
assist program participants in compliance with the new amendments, 
depending upon questions raised by their respective constituents. 
Additionally, HUD may determine that for certain areas of the new law, 
binding requirements established through proposed and final rulemaking, 
as opposed to guidance, serve as the better approach for achieving 
compliance.
    VAWA 2005, in its entirety, is available at the following Web site 
addresses:
     For plain text version: https://frwebgate.access.gpo.gov/
cgi-bin/

[[Page 12700]]

useftp.cgi?IPaddress=162.140.64.21&filename=publ162.109&directory=/
diskb/wais/data/109--cong--public--laws
     For PDF version: https://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ162.109.pdf
    VAWA 2005's technical correction, in its entirety, is available at 
the following Web site addresses:
     For plain text version: https://frwebgate.access.gpo.gov/
cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ271.109
     For PDF version: https://frwebgate.access.gpo.gov/cgi-bin/
getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ271.109.pdf.

    Dated: February 26, 2007.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E7-4795 Filed 3-15-07; 8:45 am]
BILLING CODE 4210-67-P